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CC 2020-08-11_07 Supplemental No 1 MEMORANDUM TO: CITY COUNCIL FROM: WHITNEY MCDONALD, ACTING DEPUTY CITY MANAGER JESSICA MATSON, DEPUTY CITY CLERK SUBJECT: SUPPLEMENTAL INFORMATION AGENDA ITEM 7. – AUGUST 11, 2020 CITY COUNCIL MEETING COMMUNITY COMMENTS AND SUGGESTIONS DATE: AUGUST 11, 2020 Attached is correspondence received via the public comment email address as published on the Agenda for the above referenced item. cc: Acting City Manager City Attorney City Clerk City Website (or public review binder) From:Rick Haydon To:Caren Ray Russom; Kristen Barneich; Keith Storton; Jimmy Paulding; Lan George Cc:Bill Robeson; Jill McPeek; Board of Directors; Kelly Wetmore Subject:Re: Village Glen Street Trees - A Graded Approach Date:Tuesday, August 11, 2020 2:17:27 PM Dear City Council: As the Secretary for the Village Glen Homeowners Association Board of Directors (Board), I would like to state for the record that the Board has been dealing with City staff for a couple of years trying to address the issues our neighborhood has had with the deteriorating sidewalks, and that the Board has been very pleased with staff attempting to address our concerns. The Board is also aware of Mark Coleman’s appeal of this project and while Mr. Coleman has every right as an individual property owner to appeal this project, please be advised that he does not represent the majority of Village Glen Homeowners in this regard. Also, I know that there’s been a lot of “chatter” on various social media sites regarding this issue; however, it should be noted that the majority of people responding to these posts do not live within our neighborhood. The current liquid amber trees have uplifted the majority of the sidewalks along Village Glen Drive (17 out of 25 home fronts). And while there are a few portions of the sidewalks fronting homes have not been disturbed (like Mr. Coleman’s), I can understand why they may not want their trees removed, but it’s only a matter of time before these sidewalks will start to deteriorate as well – it’s just inevitable. But, no matter what action the City takes at this point, someone will no doubt be disappointed and/or upset with the outcome – which is unfortunate. However, I do applaud your staff for attempting to work with homeowners to address their individual concerns as I know that is very time-consuming and laborious process, but very much appreciated. As a retired City Manager with over thirty years in local government experience, I know firsthand how difficult these types of decision are, and again, from my perspective, your staff has been very professional, communicative and engaging with our homeowners and I’m sure they will continue to be so in the future as this project moves forward. Rick Haydon, Secretary Village Glen Homeowners Association Board of Directors From: Megan Rice < Date: Tuesday, August 11, 2020 at 11:22 AM To: Board of Directors < Cc: "crayrussom@arroyogrande.org" <crayrussom@arroyogrande.org>, "kstorton@arroyogrande.org" <kstorton@arroyogrande.org>, "kbarneich@arroyogrande.org" <kbarneich@arroyogrande.org>, "jpaulding@arroyogrande.org" <jpaulding@arroyogrande.org>, "lgeorge@arroyogrande.org" <lgeorge@arroyogrande.org>, Board of Directors <vghoadirectors@gmail.com>, "brobeson@arroyogrande.org" <brobeson@arroyogrande.org>, Jill McPeek <jmcpeek@arroyogrande.org> Subject: Re: Village Glen Street Trees - A Graded Approach Dear City Council Members, I am writing as a resident of Village Glen Drive to voice my concern as to the status of the scheduled project to replace and repair our severely damaged and dangerous sidewalks, as well as to replace the Liquid Amber trees which have caused (and continue to cause) damage. We had a neighborhood meeting with Mr. Robeson and Ms. McPeek as well as the City Arborist some weeks ago. We had a full HOA vote wherein the overwhelming majority of home owners (some 80%) voted to replace all trees with the same species, namely Chinese Pistache. It now sounds like at least one member of the City Council may be considering allowing changes to the project. All members of the City Council should understand that the City will remain liable for any future damage to the sidewalks as a result of the trees they may agree to leave in place. The City “owns” the parkway. The City would remainliable for any personal injury resulting from a trip or fall on any uneven sidewalks. The City would remain liable for damaged water mains, damaged irrigation, and even structural damage to a home should the roots travel that far. These liquid amber are only half way to full maturity and size. They are not done spreading their roots. Even if the City obtained a release from the homeowners wanting to keep their trees, assuming the risk of any uneven sidewalks or other damage, that release would never be enforceable to shield the City as to a third party who suffered injury. It would never be enforceable as to any future homeowner of that given property either. In all likelihood, its validity as to the actual homeowner who signed the release would be highly questionable. If any damage or injury does occur, the HOA would almost certainly be named in a claim or lawsuit. My biggest concern is that the City will throw up its hands and delay or walk away from the project. The City’s thoughtful and deliberative decision to move forward with this project came after repeated requests from our residents and HOA. While I am sad to lose our mature trees, I appreciate the City allocating precious taxpayer resources to fully correct this major problem. Not every property has the same level of damage, and it is understandable different homeowners have different priorities. However, we need our sidewalk repaired and our trees removed in order to ensure there is no continuing damage or risk. My children and two of their friends have suffered some nasty falls and bloodied knees on our stretch of sidewalk. The overwhelming majority of our residents desire to achieve the beauty and environment created by having a uniform species of tree all along our parkway. Thank you for all of your time and hard work on this Megan Rice Sent from my iPhone On Aug 10, 2020, at 11:27 PM, " < wrote:  City Council members, Thank you for your various responses and willingness to either talk on the phone or meet in person. I’m certain the points of contention surrounding this issue will drive further discussion within the community. In the response from Jimmy Paulding to a Village Glen resident, the following suggested path forward was provided. I have inserted my comments in [brackets]. Please note that I do appreciate the effort being put forth on this issue and only provide my comments with good intentions. Regarding Code Compliance Provided the City agrees to my markups noted, it is my opinion the City will be more closely aligned with the requirements of the AG Municipal Code 12.16.040.A. However, I reiterate that a preemptive tree removal is not allowed by the Municipal Code as the trees are not causing a present and immediate danger to pedestrian travel nor are they currently causing interruptions with water, drainage or utility services. Furthermore, the City still has not demonstrated compliance with the California Code of Regulations regarding environmental review as the categorical exemption is incorrect for tree removal. Regarding a graded approach - From Jimmy Paulding email: • Staff is working on some options that will provide an individual approach to each property that has a Liquid Amber problem: o Offer that the 7 properties that have a Liquid Amber with no damage – they can remain unchanged or we can remove their Liquid Amber and replace. [>>> Do nothing is preferred. No tree removal. Homeowner encouraged to do periodic tree trimming and monitor for signs of damage. City to address on a case-by-case basis if problems arise and must have homeowner’s approval for tree replacement.] o Offer the 15 properties that need only grinding or slicing of a raised panel(s) to remain unchanged or we can remove their Liquid Amber and replace. [>>> Grind/slice to remove the high points only. No tree removal. Homeowner encouraged to do periodic tree trimming and monitor for signs of damage. City to address on a case-by-case basis if problems arise and must have homeowner’s approval for tree replacement.] o The 14 properties that have more extensive damage will have their sidewalk replaced along with removal and replacement of the Liquid Amber. [>>> Replacement trees must be equal or larger than 24 inch box.] Thank you for your time and attention to this very important issue. I’m looking forward to a successful outcome. Regards, Mark Coleman From:Becky Mosgofian To:Caren Ray Russom; Kristen Barneich; Jimmy Paulding; Keith Storton; Lan George; Kelly Wetmore; public comment Subject:TODAY’S Council Mtg/Public Comment Date:Tuesday, August 11, 2020 1:53:46 PM Dear Arroyo Grande Mayor and Council Members, As a resident of Arroyo Grande, I respectfully ask you to cancel the General Municipal Election on Nov. 3rd, 2020. The deadline to file papers has passed which in itself is enough reason to not proceed, plus, it saves our community $28,000 by diverting these election costs to a multitude of community needs in a season where tax revenues are down due to COVID-19. As our current local leaders, please follow the rules of the deadline and do not waste tax payers dollars on a write-in campaign. Thank you for your time and consideration, Becky Mosgofian Arroyo Grande resident From:Diane Olear To:public comment Subject:election costs Date:Tuesday, August 11, 2020 1:45:37 PM Dear Sirs/Madam, I am requesting that you cancel the election this fall since there are no filings for anyone running and avoid incurring the $28,000.00 expense for this service. That money would be better used for our street paving services or for parks and recreation, etc. Thank you for your consideration. Diane O'Lear Arroyo Grande From:Mark Smith To:public comment Subject:Please follow existing election rules Date:Tuesday, August 11, 2020 1:30:02 PM My name is Mark Smith, and I live in Arroyo Grande. The existing election rules are public, established, and well known. They state that if all incumbents are running unopposed, the election is canceled, saving the city both time and money. I see no reason to break those rules for someone who missed the deadline to submit their nomination. If the citizen is still committed to public service at the next election, they are welcome to follow the published election process then and submit their nomination for candidacy before the deadline. Thank you for following the rules. -Mark Smith Arroyo Grande, CA 93420 From:Swing Left SLO To:public comment Subject:General Municipal Election Date:Tuesday, August 11, 2020 12:58:51 PM Dear Arroyo Grande Mayor and Council Members, As a resident of Arroyo Grande, I respectfully ask you to cancel the General Municipal Election on Nov. 3rd, 2020. The deadline to file papers has passed and the deadlines are there for a reason. Members of the community would like to see the 28 thousand dollars spent on Parks and Rec, streets, sidewalks or save it for a rainy day. As our current local leaders, please follow the rules of the deadline and do not waste tax payers dollars on a write-in campaign. Sincerely, Patrick Dill Arroyo Grande, CA -- Patrick. Swing Left SLO “Change will not happen if we wait for some other person or some other time. We are the ones we’ve been waiting for. We are the change that we seek.” Barack Obama From:Cindy Hahn To:public comment Cc:Caren Ray Russom; "kbarneicharroyogrande.org, jpaulding"@arroyogrande.org; Keith Storton; Lan George; Kelly Wetmore Subject:2020 Mayoral Election cancellation Date:Tuesday, August 11, 2020 12:58:26 PM Dear Mayor & City Council, It has come to my attention that while the deadline for candidates to register for the 2020 General Municipal Election has passed and that the established procedure when incumbents are running unopposed is to cancel the election, there is a push to proceed with the election for individuals who wish to run via write-in candidacy. As a resident of Arroyo Grande, I strongly feel that our city budget, already strained due to revenue lost from the effects of Covid-19, should not have to be used to cater to the whims of a few who did not have the dedication to file for candidacy within the established timeline. While I acknowledge that residents should be able to vote for candidates that align with their values, all potential candidates need to follow the same clearly established procedure and if they are still committed to being part of the city leadership, they can run next time. Please proceed with cancelling the city election as the election rules decree. Thank you, Cindy Hahn From:Virginia Roof To:public comment Cc:Caren Ray Russom; Keith Storton; Lan George; Jimmy Paulding; Kristen Barneich; Kelly Wetmore Subject:Nov. 3rd election Date:Tuesday, August 11, 2020 12:33:58 PM Greetings AG City Council, As a resident of Arroyo Grande, it has recently come to my attention that there is an individual petitioning the council to change election rules so that she can attempt a write-in campaign for Mayor. I believe that rules and requirements exist for a reason, namely fairness in our system. If this individual was serious about governance of our wonderful town, she would have gotten the required signatures and filed them before the deadline. Further, the monies that the city would spend running this election would be much better spent providing assistance to children, families, and the elderly during this time of crisis for so many. In conclusion, I respectfully ask you to cancel the General Municipal Election on Nov. 3rd, 2020. Sincerely, Virginia Roof Arroyo Grande, CA From:Marja Rafiee To:public comment Cc:Caren Ray Russom; Kristen Barneich; Jimmy Paulding; Keith Storton; Lan George; Kelly Wetmore Subject:Cancel the General Municipal Election Date:Tuesday, August 11, 2020 12:30:06 PM Dear Arroyo Grande Mayor and Council Members, As a resident of Arroyo Grande, I respectfully ask you to cancel the General Municipal Election on Nov. 3rd, 2020. The deadline to file papers has passed and the deadlines are there for a reason. Members of the community would like to see the 28 thousand dollars spent on Parks and Rec, streets, sidewalks or save it for a rainy day. As our current local leaders, please follow the rules of the deadline and do not waste tax payers dollars on a write-in campaign. Sincerely, Marja Rafiee From:Jennifer Olson To:public comment Cc:Caren Ray Russom; Kristen Barneich; Jimmy Paulding; Keith Storton; Lan George; Kelly Wetmore Subject:I respectfully ask you to cancel the General Municipal Election on Nov. 3rd, 2020 Date:Tuesday, August 11, 2020 12:21:03 PM Dear Arroyo Grande Mayor and Council Members, As a resident of Arroyo Grande, I respectfully ask you to cancel the General Municipal Election on Nov. 3rd, 2020. The deadline to file papers has passed and the deadlines are there for a reason. Members of the community would like to see the 28 thousand dollars spent on Parks and Rec, streets, sidewalks or save it for a rainy day. As our current local leaders, please follow the rules of the deadline and do not waste tax payers dollars on a write-in campaign. Sincerely, Jennifer Olson -- Food & Portraiture | San Luis Obispo California ᐧ Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination. If suspicious content is detected, you will see a warning. From:S Gibson To:public comment Subject:Election Date:Tuesday, August 11, 2020 11:29:22 AM To: Mayor and Council, I appreciate the constant, hard work of the City Council. Please spend any election monies on city needs that benefit our whole town. With a Covid economy, don’t spend money on unserious, last minute candidates. Sincerely, Manetta Bennett I’ve lived on Allen Street forever. From:Sarah Gibson To:public comment Subject:Election Date:Tuesday, August 11, 2020 11:11:47 AM Mayor and Council Members, I support canceling the election process. Serious candidates would have filed by the deadline, at the Recorder’s office. Good candidates, usually show their interest for public office, by participating at council meetings, serve on advisory committees, and learn about the governmental process. Experience, knowledge, and participation, are essential qualities for a successful candidate. Please use the $28,000.00 for road and street improvements. Sincerely Sarah Gibson Sent from my iPhone From:Greg Cottrell To:public comment; Caren Ray Russom; Kristen Barneich; Jimmy Paulding; Keith Storton; Lan George Subject:Election Concerns Date:Tuesday, August 11, 2020 10:01:53 AM Arroyo Grande City Council, I am a business owner in the City of AG and concerned with the future of our city. In regards to the three current seats that are up for reelection I wanted to voice my opinion about cancelling the election and saving our city the important funding it will need for the future. All three current seats on our council are strong and important for the future of AG. It would be a great disservice to allow unprepared people to challenge the set election process and simply use the “write in” procedure. I believe in the set process for elections. Just because someone gets mad and doesn’t want to follow the proper process doesn’t mean that our tax paying citizens should have to pay for an election to proceed. If the opponent can not get the simple 20 signatures in the required time, how strong of a leader are they to take on the tough jobs for city leaders. Please consider cancelling the election and saving our important financial resources that our great city will need in the future. During times like these difficult decisions need to be made. I just hope they are not made by emotions but by strong future planning. -- Best regards, Greg Cottrell PRESIDENT (888) 541-7223 ruggedradios.com 951 E. Grand Avenue Arroyo Grande, CA 93420 Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination. If suspicious content is detected, you will see a warning. From:Pam McConal To:public comment Subject:Mayoral Election in Arroyo Grande Date:Tuesday, August 11, 2020 9:40:35 AM I am writing in hopes of preserving local election regulations. Social media has turned the electoral process into a circus. It frightens me to think that the public can be swayed by people who have anger issues combined with the time to sit behind a keyboard and attempt to ruin reputations. I respectfully request that the proper paperwork be required to be involved in the election process. Any public figure should be required to to follow procedure with the candidate intention statement and nomination papers furnished by the city clerk within the stated deadline. All of these guidelines are readily available and should be adhered too, if someone feels like they have what it takes to be a political candidate. If people can jump in at the last minute based on something they read on social media, the cost of elections will skyrocket. Thank you for your time. Sincerely, Pam Rose Sharkcamo.com From:Gwendolyn Melton To:public comment Subject:Election concern Date:Tuesday, August 11, 2020 8:23:56 AM Dear Respected Council Members, Please cancel the election and instead put the money toward our much needed street improvements. When the current world crisis has subsided, parties interested In serving will be more likeLy to apply. In the meantime, I think this council works well together for the betterment of our community, and I thank you. Sincerely, Gwendolyn Melton Sent from my iPad From:Barbara Main To:public comment Subject:City election Date:Monday, August 10, 2020 10:49:33 PM Dear AG City Council Members, I'm writing to urge you to cancel the City election as no one filed for the open seats. It seems to me that the money for the election could be spent on some of the needed City upgrades, repairs, repaving, etc Thank you for all you do for our city. Sincerely, Barbara Main From: To:public comment Subject:write in candidate for mayor Date:Tuesday, August 11, 2020 2:19:34 PM Dear Arroyo Grande Mayor and Council Members, As a resident of Arroyo Grande, I respectfully ask you to cancel the General Municipal Election on Nov. 3rd, 2020. The deadline to file papers has passed and the deadlines are there for a reason. Members of the community would like to see the 28 thousand dollars spent on Parks and Rec, streets, sidewalks or save it for a rainy day. As our current local leaders, please follow the rules of the deadline and do not waste tax payers dollars on a write-in campaign. Sincerely, Nancy Rowe From:Jennie Reed To:public comment Cc:Caren Ray Russom; Lan George; Jimmy Paulding; Kristen Barneich; Keith Storton; Kelly Wetmore Subject:Upcoming election Date:Tuesday, August 11, 2020 2:31:47 PM Dear Arroyo Grande Mayor and Council Members, As a resident of Arroyo Grande, I respectfully ask you to cancel the General Municipal Election on Nov. 3rd, 2020. The deadline to file papers has passed and the deadlines are there for a reason. All people are required to follow the same rules. In the interest of fairness across the board, I request that you follow the current election rules as written and do not make an exception that will end up costing the city a large amount of money. One person’s inability to turn signatures in on time should not then cost the city what amounts to an annual salary of a minimum wage worker in order to bend the rules. Members of the community would like to see the 28 thousand dollars spent on Parks and Rec, streets, sidewalks or save it for a rainy day. As our current local leaders, please follow the rules of the deadline and do not waste tax payers dollars on a write-in campaign. Sincerely, Jennie Reed Arroyo Grande, CA 93420 Sent from my iPhone From: To:public comment Cc:Caren Ray Russom; Kristen Barneich; Jimmy Paulding; Keith Storton; Lan George; Kelly Wetmore Subject:General Municipal Election Cancellation - No Write in Campaign Date:Tuesday, August 11, 2020 2:37:08 PM Arroyo Grande Mayor and Council Members, I am a resident of Arroyo Grande and respectfully ask you to cancel the General Municipal Election on November 3, 2020 as per the guidelines. The deadline to file has passed as was the opportunity to become a candidate to run for mayor and the two (2) open council seats. As our community leaders, please adhere to the deadline rules and do not waste tax dollars on a potential write-in campaign. Sincerely, Victoria Ramos From:Diane Lee Cc:Caren Ray Russom; Kristen Barneich; Jimmy Paulding; Keith Storton; Lan George; Kelly Wetmore; public comment Subject:Re: TODAY’S Council Mtg/Public Comment Date:Tuesday, August 11, 2020 2:49:48 PM Dear Arroyo Grande Mayor and Council Members, As a resident of Arroyo Grande, I respectfully ask you to cancel the General Municipal Election on Nov. 3rd, 2020. The deadline to file papers has passed which in itself is enough reason to not proceed, plus, it saves our community $28,000 by diverting these election costs to a multitude of community needs in a season where tax revenues are down due to COVID-19. As our current local leaders, please follow the rules of the deadline and do not waste tax payers dollars on a write-in campaign. Thank you for your time and consideration, Diane Lee Arroyo Grande resident From:Julie Holt To:Caren Ray Russom; Jimmy Paulding; Kristen Barneich; Keith Storton; Kelly Wetmore; Lan George; public comment Subject:Cancel the General Municipal Election Date:Tuesday, August 11, 2020 2:42:58 PM Dear Arroyo Grande Mayor and Council Members, As a resident of Arroyo Grande ( , I respectfully ask you to cancel the General Municipal Election on Nov. 3rd, 2020. The deadline to file papers has passed and the deadlines are there for a reason. Members of the community would like to see the $28k spent on Parks and Rec, streets, sidewalks or save it for a rainy day. As our current local leaders, please follow the rules of the deadline and do not waste tax payers dollars on a write-in campaign. Sincerely, Julie Holt -- Best, Julie Holt From:Jessica Redmond To:public comment Cc:Caren Ray Russom; Kristen Barneich; Jimmy Paulding; Keith Storton; Lan George; Kelly Wetmore Subject:Please Cancel the General Municipal Election on November 3, 2020 Date:Tuesday, August 11, 2020 3:12:09 PM Dear Arroyo Grande Mayor and City Council Members, My name is Jessica and I am a resident of Arroyo Grande. As a resident, I respectfully ask you to cancel the General Municipal Election on November 3, 2020. The deadline to file papers has passed and the deadlines are there for a reason. Members of the community would like to see the $28,000 spent on Parks and Recreation, streets, or sidewalks, or put away in a rainy day fund. As our current local leaders, please follow the rules of the deadline and do not waste tax payer's dollars on a write-in campaign. Sincerely, Jessica Redmond , Arroyo Grande, CA 93420 From:shirley horacek To:public comment Subject:Special Meeting Date:Tuesday, August 11, 2020 3:08:16 PM Dear Mayor and City Council Members, I understand there is a Special Council Meeting scheduled for next Tuesday to vote on cancelling the local upcoming Mayoral election in November. I also understand the incumbent Mayor is running unopposed and the filing deadline has passed. It only seems logical that you would vote unanimously to cancel what I assume is an expensive election, and save the taxpayers money during these difficult economic times. So as a new constituent, I urge you to vote for cancelling the local election and use the money saved for other city priorities. Bob Horacek From:Caroline Roof To:public comment Subject:Nov. 3rd Election Date:Tuesday, August 11, 2020 3:27:37 PM Dear City Council, I recently heard that someone is trying to get the city to approve an extension for a write in campaign for the Nov. 3rd election . I do not feel that it is fair to change the rules for this person, especially when it will cost the city a great deal of money to allow this change. I respectfully request that you don’t run an election solely to permit this last minute attempt to change our rules! Caroline Roof Arroyo Grande 93420 Sent from Mail for Windows 10 Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination. If suspicious content is detected, you will see a warning. From:Krislyn Bio To:public comment; Caren Ray Russom; Kristen Barneich; Jimmy Paulding; Kelly Wetmore; Lan George; Keith Storton Subject:Cancel general municipal election Date:Tuesday, August 11, 2020 3:57:43 PM Dear Arroyo Grande Mayor and Council Members, As a resident of Arroyo Grande, I respectfully ask you to cancel the General Municipal Election on Nov. 3rd, 2020. The deadline to file papers has passed and the deadlines are there for a reason. As a long time citizen I don't think the some county members looking for special treatment should be able to change the rules. I would like to see the 28 thousand dollars spent on Parks and Rec, streets, sidewalks or save it for a rainy day and emergencies. As our current local leaders, please follow the rules of the deadline and do not waste our tax payers dollars on a write-in campaign. Sincerely, Krislyn Bio