CC 2020-07-14_11a Supplemental No 2
MEMORANDUM
TO: CITY COUNCIL
FROM: BILL ROBESON, ACTING CITY MANAGER
WHITNEY McDONALD, ACTING DEPUTY CITY MANAGER
JESSICA MATSON, DEPUTY CITY CLERK
SUBJECT: SUPPLEMENTAL INFORMATION
AGENDA ITEM 11.a. – JULY 14, 2020 CITY COUNCIL MEETING
CONSIDERATION OF ADOPTION OF AN UNCODIFIED URGENCY
ORDINANCE PROVIDING THAT ALL STATE AND COUNTY ORDER
AND REGULATIONS APPLICABLE WITHIN THE JURISDICTION OF
THE CITY OF ARROYO GRANDE AND ISSUED IN RESPONSE TO
COVID-19 AS BEING EXPRESSLY ENFORCEABLE BY CITY
OFFICIALS; AN URGENCY ORDINANCE ADDING CHAPTER 1.18 TO
TITLE 1 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO
ADMINISTRATIVE CITATIONS, FINES AND PENALTIES; AND A
RESOLUTION ESTABLISHING ADMINISTRATIVE FINES AND
PENALTIES
DATE: JULY 14, 2020
Attached is additional correspondence received for the above referenced item.
cc: Acting City Manager
City Attorney
City Clerk
City Website (or public review binder)
From:Suzanne Jaggers
To:public comment
Subject:City Council Meeting July 14, 2020 Public Comment
Date:Tuesday, July 14, 2020 8:39:05 AM
To be included in the public record for City Council meeting on July 14, 2020:
Good afternoon, my name is Suzanne Jaggers, a resident and property owner on Kodiak Lane, Arroyo Grande for
over 20 years.
My comment is requesting that the City Council do more to protect the health of our community from COVID19.
I am requesting 3 actions:
1. An electronic sign at the entry of the Village, reminding all who pass or drive in that ‘Face Coverings are required
in Public’ by the State.
2. Signs at all AG Public Parks that state “ Face Coverings are Required in Public’
3. Provide standardized signs to all open businesses in Arroyo Grande for display, that the City requires and
enforces face coverings in open public businesses.
I have visited 2 parks in AG this week. At Strother Park, my husband and I were the only people wearing masks of
the 20 or so people there. Others did not even have masks in sight. Making the Park a place of public health concern.
As I drive through the Village public mask wearing compliance is very limited, by summer visitors and residents. I
now, after 20 years in the community, will no longer risk walking in the village, or going to shops that I want to
support, not at the risk of my health or that of my family. Keeping up good scientifically-founded practices for
pathogen containment protects the health of our people and our small businesses. The City Council should act to
protect us all.
And fines for non-compliance should be a tool that is implemented immediately.
Suzanne Jaggers
Arroyo Grande, CA
From:Heather S
To:public comment
Subject:Face Mask fines in AG
Date:Tuesday, July 14, 2020 2:47:08 PM
I live in the Village of Arroyo Grande and believe that fines for not wearing face masks in
open air environments should be allowed depending on the situation.
If you are walking alone (or with your dog) you should not be fined for not wearing a face
mask. If you are out alone then there is no risk if you socially distance yourself while walking.
Fines should only be in place for where two or more people are involved. When there is
conversation and an actual chance for possible infection.
Basically...
If you're out solo in the FREE open air you should not have to wear a mask. Therefore there
should be no fine if you do.
Thank you for listening and for your consideration on this important matter.
Heather S.
Arroyo Grande resident
From: Arin Thomas [
Sent: Tuesday, July 14, 2020 10:10 AM
To: Jimmy Paulding
Subject: I urge you to make sure masks are voluntary, not mandatory
Re: I urge you to make sure masks are voluntary, not mandatory
Dear Council Member Paulding,
I am writing to urge you to do your part to make sure that mask-wearing is voluntary, not
mandatory.
Many jurisdictions are basing their face mask policies on guidance from the Centers for
Disease Control and Prevention (CDC). The CDC has flip-flopped its position on face
coverings several times since March but is now recommending that everyone wear a mask in
public. This recommendation is not supported by strong empirical evidence. Though there is
science to support mask-wearing, there’s also a preponderance of science showing that masks
can cause considerable harm and are ineffective in preventing the spread of coronavirus. There
is also no science supporting the use of masks by healthy individuals. So emergency orders
that are being issued to help protect public health are actually hurting individuals’ physical and
emotional well being — and violating their basic human rights, constitutional rights and
religious rights.
Evidence that masks reduce the transmission of viral respiratory infections within community
settings is equivocal at best. A recent meta-analysis (bit.ly/2VHaubd) that included nearly a
dozen randomized, controlled trials and 10 observational studies found that there was no clear
clinical or laboratory-confirmed evidence that masks prevent infection. Even the U.S. Surgeon
General has noted that masks “are not effective in preventing the general public from catching
the coronavirus.” (bit.ly/31Dgdm5)
In terms of harm, studies show that wearing a face covering reduces blood and tissue
oxygenation — which can be deadly — while increasing carbon dioxide levels. The use of
masks can also increase the risk of infection and the spread of viral illness (particularly cloth
masks), hinder detoxification that occurs through exhalation, impair the immune system, and
cause a wide range of other physical and psychological issues. (bit.ly/31Epv1e). Moreover,
some masks have been found to contain known carcinogens, which put people at risk from
inhaling toxic chemicals and having them come into contact with their skin.
There is no science to support the use of masks by healthy individuals, and the World Health
Organization backed this up when it said, “WHO stands by recommendations to not wear
masks if you are not sick or caring for someone who is sick.” Forcing healthy individuals to
wear face coverings is a completely unnecessary intervention that dehumanizes their
interactions with others. More important, it eliminates their right to make informed decisions
about what risks and precautions they are willing to take.
It is unethical and unconstitutional to subject healthy, law-abiding citizens to measures that
can result in physical and emotional harm and that impinge on their ability to move freely
throughout society. For those with deeply held religious beliefs, mask mandates violate their
ability to abide by natural law and follow their convictions to walk in faith, not fear. As such,
the decision to wear a mask is a highly personal one and should not be universally mandated;
measures that are meant to protect the community as a whole are not effective if they hurt
individuals in that community.
Mandatory medicine and mandated interventions such as social distancing and mask-wearing
have no place in a free society; citizens want to maintain the right to make responsible
decisions about what is best for themselves and their children based on their own unique
circumstances. I urge you to do the right thing, stand for choice and protect all individuals by
encouraging — not mandating — the use of face masks in the community. This policy can be
bolstered by asking at-risk populations and those who are sick to self-quarantine, with society
taking the best care of them possible.
Thank you for your continued leadership during these unprecedented times and for upholding
the health and the rights of your constituents.
Sincerely,
Arin Thomas
Arroyo Grande, CA 93420 Constituent
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From: Linda [
Sent: Saturday, July 11, 2020 1:13 PM
To: Caren Ray Russom
Subject: My opinion
Dear Mayor Caren,
For the record: I am against any tax increase, especially now for obvious reasons.
Also, I am against our great PD issuing tickets or fines for not wearing masks.
Thank you
Linda Ostapowicz
Sent from my iPhone
From:
Sent: Tuesday, July 14, 2020 12:37 PM
To: 'crayrussom@arroyogrande.org'
Subject: Mask Fines
Dear Mayor Russom;
If businesses want to enforce a mask policy, it is entirely their right to do so, and my family
will respect that decision. However, we do not support fines for mask wearing or enforcement
by our police department. They have more important work to do. The only situation where
our officers should be involved is where there is a threat to a business owner or patron because
people are acting stupidly about the issue. As regards the fines, logicially, if someone is
wearing a mask, another person not wearing one won't be a threat if masks operate as
intended. People need to make their own decisions as to how much risk they are willing to
take. Our city and county are already under a great deal of stress, we don't need the additional
harrassment and resulting conflicts that would occur should a mask order pass. We would also
be less inclined to shop or visit in AG due to such an ordinance.
Second, given our budget problems, the Brisco interchange plan needs to be scrapped. I use
that intersection often, sometimes it's a minor pain, but any minor inconvenience is certainly
not worth $24 million dollars during this period of fiscal crisis.
Third, on the proposed tax increase. We understand that our city is facing some major fiscal
issues. However, these need to be addressed responsibly. My family will not vote for any tax
increases without a defined plan on how to work our way out of our current budget crisis.
Funds would have to be allocated to specific projects, and a tax sunset provision added.
Sincerely,
Beth and Tom Plymale
From: " <
Date: July 14, 2020 at 4:30:23 AM PDT
To: Jimmy Paulding <jpaulding@arroyogrande.org>
Subject: Hellow Little Jimmy Paulding My name is Frederic Travis .My
grande father Robert Roundtree was councleman for AG in 1948 picture on
meeting room wall he would not approve of not respecting local citizens
amendment rights!!!!!!
Sent from Windows Mail
From:Ron Gottesman
To:public comment
Subject:Mask Ordinance
Date:Tuesday, July 14, 2020 1:10:30 PM
It is my understanding that a ordinance requiring masks is being considered by the
City Council. COVID-19 is a clear danger to the people of Arroyo Grande.
Wearing of masks can help decrease the danger of transmitting the virus. Much like
wearing seat belts, motorcycle helmets and banning texting while driving, such
ordinances protect the public from life-threatening dangers or injury with minimal
inconvenience.
I SUPPORT an ordinance requiring masks in those areas and instances where
possibility of transmittal is present. If just a recommendation is being considered,
think of that as a recommendation that children should not play on the 101.
Inadequate and not protecting life, limb and health.
From:Brent Inglehart
To:public comment
Subject:Mask fines and Sales Tax increase
Date:Tuesday, July 14, 2020 1:03:22 PM
Mayor and Fellow Council Members,
I am a new Arroyo Grande resident, but I have been a 5-Cities resident for 16 years. I was
disheartened to read that you are discussing fines and penalties for citizens not wearing masks.
I do not believe the data, and medical science, of face coverings is so compelling to lead a
community to penalize people financially for not complying with what is deemed a
"recommendation" by the CDC. Most people do not know how to wear a mask properly as it
is. Also, they cannot keep it sterile and sanitary by the way they store and remove it. Children
have a hard time wearing a mask for a variety of reasons and people with underlying health
issues cannot wear a mask for proper breathing.
At what point are we going to say no to the State and Local Authorities taking away our
inalienable rights. Why are you making the police and code enforcement be the bad guys in
enforcing this mask law? They have better things to do and their efforts need to be focused on
larger endeavors. People are already stressed, not working, getting their bills piled up while
also mentally exhausted from all the restrictions and societal issues on a daily basis. So... let's
ticket people and use taxpayer dollars to then ask the now ticketed taxpayer to make up the
lost revenue by raising taxes. Sounds totally reasonable! (sarcasm) I am sorry, but your
rationale is lunacy.
I am against any additional restrictions of our freedoms and rights to operate within a free
society. I am against any new taxes to pay for the budget shortage you caused by pandering to
the Governor's Office. Open the businesses and stop restricting life. Globally, there were 1.5
million deaths from TB last year. We sure had a ton of mask enforcement last year?! Also, the
H1N1 deaths in 2009 were around 237,000- 250,000 (est). Again, masks and an economy
shutdown were not activated. We have had 5 deaths in SLO County. More people die in DUI
crashes and shark attacks each year. The COVID numbers are up because the testing is up.
Also, can we be real? How many people traveled up and down the state into the various
counties for the rallies and protests? Masks were not worn by a majority of the crowds. How
come there are rules for some people and then we look away for other people. The COVID
data does not support the closure of our community.
I urge you all to be leaders. Our local economy, and people's livelihoods, may not not survive
another major shutdown. Burdening your community with making up the revenue loss is not
right. Your decisions could affect generations of Arroyo Grande families. What makes
our community great is our ability to thrive in tough times, so what will you do? Add to the
stress and financial burden or dial back CIP projects and non-priority services.
Brent
Arroyo Grande Resident
From:Alicia Lara
To:public comment
Subject:Mandated Masks
Date:Tuesday, July 14, 2020 12:58:49 PM
I fully support a mandated masks. It is critical to getting control of this horrific pandemic.
The naysayers are ignoring the reality of this pandemic. Those who refuse to wear masks are responsible for
shutting down businesses and passing on the virus. My out-of-state niece and her husband both retail workers, have
COVID-19 and they got it from work, people coming in with no mask.
The naysayers are the most outspoken; so what. Their objections do not negate the peril their actions place us in. Do
the right thing on this one. Our lives depend on it.
Alícia Lara
From:Mary Eister
To:public comment
Subject:County-wide COVID-19 Efforts
Date:Tuesday, July 14, 2020 12:32:19 PM
Dear Council Members.
As a member of the Arroyo Grande community, I urge you "to put some teeth” into the requirement that all persons
wear masks in public places. I feel that a substantial fine is appropriate for any persons over the age of 12 who are
not wearing a mask inside a building and outside whenever physical distancing is not easy to achieve, such as on
sidewalks in commercial areas. I feel strongly that it is my right as a citizen to expect compliance by all persons as
we all know that asymptomatic individuals are capable of spreading the virus. It is not someone’s right to put others
in jeopardy. In addition, universal wearing of a mask is the only way we can ensure that our hospital system does
not become overwhelmed. It is also the only way we will be able to gradually open our community to commerce and
tourism and eventually open our schools. It saddens me that a fine is necessary for full compliance. Yet there are
still a few it who dismiss their responsibility of caring about others: a fine might get their attention.
Thank you for your time.
Sincerely,
Mary Eister
Arroyo Grande
From:Dena Smiley
To:public comment
Subject:7/14/2020 Meeting Comment
Date:Tuesday, July 14, 2020 12:22:03 PM
Mayor and City Council
I have read through your 36 page document for today as well as Resolution 4974 from
3/24/2020.
I am very impressed how well AG had done in this time.
I see people following health guidelines everywhere I go.
VOLUNTARY COMPlIANCE is happening.
The hospital HAS NOT been overwhelmed.
Cases are VERY low- only 74 in just over 4 months. This is LESS THAN 1/2 of 1% or
.04% which is awesome.
AG is such a caring community of kind people.
AG is a safe community for people’s health.
In saying this, I do have some concerns about the idea of monetary fines for people who do
not APPEAR to be complying with health guidelines set by the state and our county.
-In your background section on page 2- it states that every other city in SLO county has a
penalty process.
I called Grover Beach, Pismo, and SLO and NONE of them have an ordinance to fine private
citizens.
-The concern that the Governor called his State of Emergency on March 4th, which legally
under the constitution of our state can only last 60 days and then needs to be ratified by the
state legislature. This HAS NOT HAPPENED.
-The city of AG called their own local emergency on March 17th, yet does the city
ACTUALLY MEET REASONABLE CRITERIA to still be under this health emergency??
Yet this meeting is about instituting fines to incentivize citizens to comply with things that
clearly they ARE FOLLOWING. It doesn’t show trust of the citizens or confidence in all the
work and sacrifice they have done to keep AG so healthy and with such LOW NUMBERS OF
POSITIVE CASES!
-On page 8, it states that the pandemic continues to spread rapidly in SLO county and in the
city of AG…
74 cases is NOT RAPID SPREAD.
-Also, how will people be approached to be fined or to know if they are truly non-compliant?
My very big concern is those who either have medical concerns or even trauma reasons. I am a
trauma counselor, and there are many for whom masks are INCREDIBLY RE-
TRAUMATIZING. These are very private issues. Not trusting that people are ALREADY
following the guidelines is a fragile thing.
-I just don’t see the clear evidence that warrants putting fines on people when they have
worked and sacrificed to keep their city healthy.
This are incredibly trying and challenging times for everyone involved, let’s keep things
positive and full of trust. Fines do not convey trust. Fines imply mistrust and defensiveness.
From:A & N
To:public comment
Subject:City Council Meeting Agenda July 14. 2020 Item 11.a Mask Ordinance
Date:Tuesday, July 14, 2020 11:57:13 AM
In regards to the proposed resolution to enforce mask use by way of
establishing fines, just want to say I am very much against having our
police department waste time, and taxpayer money monitoring this, or
for that matter whoever is assigned to this job. The taxpayers are the
ones who ultimately pay the added expense for this, whoever is chosen
to police the public. We already are going to pay an increased sales tax,
as I am sure you all will be in favor of this action as well, and it will be
passed because other areas are doing it, so we must follow.
The County parks closed entrance to all properties for visitors from
outside the county. Please consider closing off our City Limits to all
visitors/tourists for a limited time. Close the hotels, Airbnb and
Vacation Rentals-keep the visitors out of the area. They come into
our area on VACATION, they don’t care about anything but having a
good time, and don’t even realize when they thank us for sharing our
City with a present of COVID after they go back home.
Of course, we do have members of the council and others in City
positions who have vacation rentals of some sort, so not sure they would
be in favor of this-loss of income. Please consider the residents of
Arroyo Grande, instead of the tourism for a change.
Hoping this mess is over soon-
Nellie Madson
From:Tom Muran
To:public comment
Subject:Uncodified Urgency Ordinance, the Urgency Administrative Citation Ordinance adding Chapter 1.18 to Title 1 of
the AGMC and the Resolution ...
Date:Tuesday, July 14, 2020 10:02:12 AM
I’m a long time resident of Arroyo Grande. It appears that staff has recommended approval in
the interest of public health. In reading the proposed urgency ordinances I submit the
following concerns for your consideration before voting on this extreme action of fining
citizens for not wearing masks in certain situations:
1. The COVID 19 pandemic has caused many different (governor) executive and state
department of health orders, and local ones in the last few months. Orders change from week
to week and this is very confusing to the public. Not all citizens of AG will be able to know
what the latest status is with regard to masks, whether it is a person who doesn’t watch TV, or
get a newspaper, or doesn’t use a computer or smart phone or is a visitor from out of
town. From what I read,the ordinance doesn’t provide for issuing a warning to violators; they
simply get a citation for a fine. I don’t believe this is fair. If you’re going to pass these
ordinances, you should spend time and money to publicize and advertise it so that citizens can
be informed.
2. The proposal indicates that there will be personnel time in order to implement and enforce
the ordinances. HOW MUCH will this cost the city? The cost of staff hours to be “hearing
officers”, to train staff, to possibly use vital police officers’ time to stop and cite people
without masks—these costs will add up. I believe that with the current budget challenges our
city faces, this should be a serious consideration before jumping into new ordinances to
enforce.
Thank you for your consideration as you vote on this important matter.
Sincerely,
Patricia Muran
Sent from my iPad
From:shannon
To:public comment
Subject:Mask penalties and increase in tax
Date:Tuesday, July 14, 2020 9:35:45 AM
Dear Arroyo Grande Council,
I urge you to not vote on a penalty for those who do not wear a mask-there is little scientific evidence that a cloth
mask can stop a virus aerosol since they are much, much smaller than the holes in even an N95 mask. While they
stop most of the droplets from sneezing and coughing they still let the aersols through! The only way to keep it from
spreading is to keep those with Covid who are coughing and sneezing out of the public. Masking healthy people
does nothing except hurt the lungs of those healthy people. When I am out shopping 99% of the people are wearing
masks already, why would we waste resources on the few people who probably have a medical exemption for not
wearing a mask anyways. I am one of the people who cannot wear a mask do to a medical condition that masks
exacerbate and if this gets passed I will not be shopping in Arroyo Grande anyone. I don't want the hassle or
embarrassment of someone reporting me because I have a medical condition-are you serious! Think about that-what
a waste in resources! Not to mention it opens the city up to law suits if you are continually hassling people who have
a medical condition-it is a form of discrimination! Would you go around citing people with any other
disability unless they prove their medical condition? No, you can't because there are laws against that!
I also urge you to vote to increase the sales tax-our community is hurting already increasing the tax will just
encourage people to shop in the neighboring cities.
Thank you for your time,
Shannon Riddering
From:dpcline25@gmail.com
To:public comment
Subject:Sales tax increase
Date:Tuesday, July 14, 2020 8:18:47 AM
I am respectfully writing to ask that you decide not to increase the current sales tax rate for AG. I’m sure I don’t
need to outline all the reasons, ie, poor economy, job losses, etc. This is not the right time to add that additional
burden on the residents of AG.
Thank you.
Pamela Cline
Sent from my iPhone
From:David McCoy
To:public comment
Subject:Re: Mask ordinance should be a no
Date:Tuesday, July 14, 2020 12:21:06 AM
Please do not pass any extra ordinance for the enforcement of face mask requirements.
Adding an ordinance will cause an adversarial relationship in the community as some
members will now feel emboldened to report and harang any one that they might think is not
complying with the ordinance as they might see it.
Additionally, although many people are insisting that masks are a great defense against this
virus there seem to be NO actual studies that would support this position. In fact studies that
have been done in this area, studying influenza because covid was not around then, have
shown masks to be ineffective in stopping transmission of viruses. Particularly in public
settings. And cloth masks are shown to be completely useless. See attached Study below.
Reasons not to.
--Masks don't work There numerous studies proving this
--Constant mask wearing can be detrimental to the wearer by creating a build up of CO2 in
their breathing causing symptoms of hypoxia
--It is well documented now that children almost never get covid and are not transmitters of
it.
--looking around, we already have pretty high voluntary compliance why incur the cost of an
ordinance and enforcement
--Your proposal says that all other cities in the county have done this. Not sure this is true
M.B Cambria and Pismo??
--Will your ordinance then be dictating to the schools what kind of standards must be met for
them to open.
--We Think that it is a bit of an over reaction for staff to call a virus that is affecting a 10th of
a percent of our county population as "rapidly spreading" it also has a survival rate of 99.6%
according to CDC.
In short...we believe this is unnecessary and an overstepping of your powers in this
community.
Sincerely
Dave and Anita McCoy
Scroll to the bottom of the link to read study. It takes about 10 min to read
Preview attachment COMMENTARY_ Masks-for-all for COVID-19 not based on sound data
_ CIDRAP.html
COMMENTARY_ Masks-for-all for COVID-19 not based on sound data _ CIDRAP.html
273 KB
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From:Margie Gayley
To:public comment
Subject:city ordinance for face masks
Date:Monday, July 13, 2020 4:39:21 PM
I would like to express my opinion in favor of fining people who do not wear a face mask in
public. It is a state mandate!!! Considering the city and SLO county officials have refused to
take any sort of stand to stop the increase in covid cases, and instead just sat back and waited
to be on the Govenor’s “watch list”, I certainly hope you will at least take a stand on enforcing
the wearing of masks.
Margie Gayley
Always believe there is hope . . .