CITY COUNCIL MEETING
AGENDA SUMMARY
Tuesday, February 8, 2022, 6:00 p.m.
Please click the link below to join the Zoom Meeting:
https://us02web.zoom.us/j/83255848846
Webinar ID: 832 5584 8846
Or by Telephone: 1-669-900-6833; 1-346-248-7799
Given the recent increase in COVID-19 cases in San Luis Obispo County, and in compliance with Assembly Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph M. Brown Act, City Council meetings will be conducted by video/teleconferencing through Zoom Webinar until further notice.
Meetings will be broadcast live on Channel 20 and streamed on the City’s website and www.slo-span.org.
Members of the public may participate and provide public comment on agenda items during the meeting by joining the Zoom meeting or by submitting written public comments to the Clerk of the Council at [email protected].
1. CALL TO ORDER
2. ROLL CALL
3. MOMENT OF REFLECTION
4. FLAG SALUTE
CENTRAL COAST COPS 'N KIDS
5. AGENDA REVIEW
5.a. Closed Session Announcements
None.
5.b. Ordinances read in title only
Move that all ordinances presented for introduction or adoption be read in title only and all further readings be waived.
6. SPECIAL PRESENTATIONS
6.a. Update Regarding Countywide COVID-19 Efforts
(McDONALD)
Recommended Action:
Receive update, accept public comments, discuss, and provide direction as necessary.
6.b. City Manager Communications
(McDONALD)
Recommended Action:
Receive correspondence/comments as presented by the City Manager and Provide direction, as necessary.
7. COMMUNITY COMMENTS AND SUGGESTIONS
This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions on matters not scheduled on this agenda. Comments should be limited to those matters that are within the jurisdiction of the City Council. Members of the public may provide public comment in-person or remotely by joining the Zoom meeting utilizing one of the methods provided below. Please use the “raise hand” feature to indicate your desire to provide public comment.
Click the link below to join the webinar: https://us02web.zoom.us/j/83255848846; Webinar ID: 832 5584 8846
•
Or by Telephone: 1-669-900-6833; 1-346-248-7799
Press * 9 to “raise hand” for public comment
•
The Brown Act restricts the Council from taking formal action on matters not published on the agenda. In response to your comments, the Mayor or presiding Council Member may:
• Direct City staff to assist or coordinate with you.
• A Council Member may state a desire to meet with you. • It may be the desire of the Council to place your issue or matter on a future Council agenda.
Please adhere to the following procedures when addressing the Council:
• Comments should be limited to 3 minutes or less.
• Your comments should be directed to the Council as a whole and not directed to individual Council members.
• Slanderous, profane or personal remarks against any Council Member or member of the audience shall not be permitted.
8. CONSENT AGENDA
The following routine items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Any member of the public who wishes to comment on any Consent Agenda item may do so at this time. Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action. The City Council may approve the remainder of the Consent Agenda on one motion.
8.a. Consideration of Cash Disbursement Ratification
(VALENTINE)
Recommended Action:
Ratify the attached listing of cash disbursements for the period of January 1 through January 15, 2022.
8.b. Consideration of Statement of Investment Deposits
(VALENTINE)
Recommended Action:
Receive and file the attached report listing investment deposits of the City of Arroyo Grande
as of December 31, 2021, as required by Government Code Section 53646(b).
8.c. Consideration of a Resolution Approving the Updated CalPERS Required Salary Schedule for Fiscal Year 2021-22 Effective as of January 7, 2022, to Incorporate Changes Approved by the Five Cities Fire Authority Board of Directors
(VALENTINE)
Recommended Action:
Adopt a Resolution approving the updated CalPERS required Salary Schedule for Fiscal Year 2021-22 Effective as of January 7, 2022.
8.d. Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the Coronavirus (COVID-19) Pandemic
(McDONALD/CARMEL)
Recommended Action:
Adopt a Resolution declaring a continued local emergency related to the Coronavirus (COVID-19) pandemic.
8.e. Consideration of Approval of Minutes
(MATSON)
Recommended Action:
Approve the minutes of the Regular City Council Meeting of January 25, 2022, as submitted.
8.f. Consideration of a Resolution Determining to Continue Work Under Emergency Contracts and an Amendment to the FY 2021-22 CIP Budget Transferring $115,800 from ARPA funds for the Storm Drain System at 251 E Grand Ave, PW 2021-12 (ROBESON)
Recommended Action:
It is recommended the City Council: 1) Adopt a Resolution finding that there is a need to continue the emergency action for the storm drain system repairs at 251 East Grand Avenue in accordance with Public Contract Code Section 22050; and 2) Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program budget to add $115,800 of American Rescue Plan Act (ARPA) funds for the Storm Drain System at 251 East Grand Avenue, PW 2021-12.
9. PUBLIC HEARINGS
9.a. Appeal Case 21-007; Appeal of Planning Commission Approval of Minor Use Permit- Plot Plan Review 21-029 for the Establishment of a Vacation Rental; Location: 1562 Strawberry Ave; Appellant: Stew and Francine Errico, Et. Al.
(PEDROTTI)
Recommended Action:
Adopt a Resolution denying Appeal Case No. 21-007 and approving Plot Plan Review 21- 029.
9.b. Discuss and Consider Introduction of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code (AGMC) Regarding Accessory Dwelling Units and Tiny Homes On Wheels; Development Code Amendment 20-001
(PEDROTTI)
Recommended Action:
Introduce the Ordinance amending the accessory dwelling unit regulations and establishing regulations for tiny homes on wheels.
9.c. Public Hearing to Discuss and Consider a Resolution Approving Community Development Block Grant (CDBG) Projects for Year 2022
(PEDROTTI)
Recommended Action:
Adopt a Resolution approving projects to be funded with the City’s allocation of CDBG funds for the Year 2022 as shown in Exhibit A to the Resolution.
10. OLD BUSINESS
10.a. Receive an Update on Progress Toward Council Goals and Priorities for Fiscal Year 2021- 22 (McDONALD)
Recommended Action:
Receive an update regarding progress toward the City Council’s Fiscal Year 2021-22 Goals and Priorities.
11. NEW BUSINESS
None.
12. COUNCIL COMMUNICATIONS
Any Council Member may ask a question for clarification, make an announcement, or report briefly on his or her activities. In addition, subject to Council policies and procedures, Council Members may request staff to report back to the Council at a subsequent meeting concerning any matter or request that staff place a matter of business on a future agenda. Any request to place a matter of business for original consideration on a future agenda requires the concurrence of at least one other Council Member.
13. CLOSED SESSION
None.
14. ADJOURNMENT
All staff reports or other written documentation, including any supplemental material distributed to a majority of the City Council within 72 hours of a regular meeting, relating to each item of business on the agenda are available for public inspection during regular business hours in the City Clerk’s office, 300 E. Branch Street, Arroyo Grande. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by the Americans with Disabilities Act. To make a request for disability-related modification or accommodation, contact the Legislative and Information Services Department at 805-473-5400 as soon as possible and at least 48 hours prior to the meeting date.
This agenda was prepared and posted pursuant to Government Code Section 54954.2 Agenda reports can be accessed and downloaded from the City’s website at www.arroyogrande.org If you would like to subscribe to receive email or text message notifications when agendas are posted, you can sign up online through the “Notify Me” feature.
City Council Meetings are cablecast live and videotaped for replay on Arroyo Grande’s Government Access Channel 20. The rebroadcast schedule is published at www.slo-span.org.
Item 8.a.
MEMORANDUM
TO: City Council
FROM: Nicole Valentine, Administrative Services Director BY: Lynda Horejsi, Accounting Manager
SUBJECT: Consideration of Cash Disbursement Ratification DATE: February 8, 2022
SUMMARY OF ACTION:
Review and ratify cash disbursements.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is a $1,052,983.24 fiscal impact that includes the following items:
Accounts Payable Checks $673,181.05
Payroll & Benefit Checks $379,802.19
RECOMMENDATION:
Ratify the attached listing of cash disbursements for the period of January 1 through January 15, 2022.
BACKGROUND:
Cash disbursements are made weekly based on the submission of all required documents supporting the invoices submitted for payment. Prior to payment, Administrative Services staff reviews all disbursement documents to ensure that they meet the approval requirements adopted in the Municipal Code and the City’s Purchasing Policies and Procedures Manual.
ANALYSIS OF ISSUES:
The attached listing represents the cash disbursements required of normal and usual operations during the period. The disbursements are accounted for in the FY 2021-22 budget.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
Item 8.a.
City Council
Consideration of Cash Disbursement Ratification
February 8, 2022
1. Approve staff’s recommendation;
2. Do not approve staff’s recommendation; or
3. Provide other direction to staff.
ADVANTAGES:
The Administrative Services Department monitors payments of invoices for accountability, accuracy, and completeness using standards approved by the City Council.
Invoices are paid in a timely manner to establish goodwill with merchants. Discounts are taken where applicable.
DISADVANTAGES:
There are no disadvantages identified in this recommendation.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2.
Attachments:
1. January 1 – January 15, 2022 – Accounts Payable Check Register
2. January 14, 2022 – Payroll and Benefit Check Registers
CITY OF ARROYO GRANDE
CHECK LISTING
JANUARY 1 - JANUARY 15, 2022
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name1 01/07/2022 292548 $ 2,581.44 01/22 DELTA DENTAL PREMIUM RETIREES 010.4099.5132 DELTA DENTAL2 01/07/2022 292548 8,228.34 01/22 DELTA DENTAL PREMIUM 011.0000.2110 DELTA DENTAL3 01/07/2022 292549 752.74 RETIREE HEALTH INSURANCE 220.4303.5136 PERS - ACTIVE MED4 01/07/2022 292549 605.17 RETIREE HEALTH INSURANCE 010.0000.1111 PERS - ACTIVE MED5 01/07/2022 292549 6,947.18 RETIREE HEALTH INSURANCE 010.4099.5136 PERS - ACTIVE MED6 01/07/2022 292549 98.24 ACTIVE HEALTH ADMIN FEE-FIRE 010.0000.1111 PERS - ACTIVE MED7 01/07/2022 292549 215.07 ACTIVE HEALTH ADMIN FEE 010.4145.5131 PERS - ACTIVE MED8 01/07/2022 292549 125,302.03 ACTIVE HEALTH INSURANCE 011.0000.2109 PERS - ACTIVE MED9 01/07/2022 292550 7.98 ACTIVE HEALTH ADMIN FEE-PT NON 010.4145.5131 PERS - ACTIVE MED10 01/07/2022 292550 3,190.79 ACTIVE HEALTH INS-PT NONPERS 011.0000.2109 PERS - ACTIVE MED11 01/07/2022 292551 3,133.22 01/22 LIFE INSURANCE PREMIUM 011.0000.2113 STANDARD INSURANCE CO12 01/07/2022 292552 672.69 01/22 VISION PREMIUM RETIREES 010.4099.5133 VISION SERVICE PLAN13 01/07/2022 292552 2,100.93 01/22 VISION PREMIUM 011.0000.2119 VISION SERVICE PLAN14 01/07/2022 292553 115.84 UB REFUND CST #00026634 640.0000.2301 CHRISTOPHER BRADLEY15 01/07/2022 292554 80.60 UB REFUND CST #00026605 640.0000.2301 JACOB CONTRERAS16 01/07/2022 292555 67.27 UB REFUND CST #00003374 640.0000.2301 LAURIE GIRARD17 01/07/2022 292556 141.59 UB REFUND CST #00027350 640.0000.2301 JEREMY HUTT18 01/07/2022 292557 52.01 UB REFUND CST #00027739 640.0000.2301 ELIONA LOPEZ19 01/07/2022 292558 4.43 UB REFUND CST #00028251 640.0000.2301 MAUEL LOPEZ20 01/07/2022 292559 29.86 UB REFUND CST #00027384 640.0000.2301 JONATHON OSORIO21 01/07/2022 292560 180.00 UB REFUND CST #00024496 640.0000.2301 NATALIA VICORY22 01/07/2022 292561 18,613.75 ANIMAL SVCS CONTRACT-QTR 2 FY21-22 010.4201.5321 ANIMAL SERVICES23 01/07/2022 292562 156.71 COMM MAINT-SVC CALL OUT 010.4204.5606 APPLIED TECHNOLOGY GROUP INC 24 01/07/2022 292562 167.92 01/22 COMM MAINT 010.4204.5606 APPLIED TECHNOLOGY GROUP INC25 01/07/2022 292563 960.00 CASH FOR GRASS- 960 SQFT 226.4306.5554 DEAN ARAKAKI26 01/07/2022 292564 3.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES27 01/07/2022 292564 7.01 BLDG MAINT UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES28 01/07/2022 292564 14.01 PARKS DEPT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES29 01/07/2022 292564 3.36 SEWER DEPT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES30 01/07/2022 292564 7.00 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES31 01/07/2022 292564 14.00 STREETS DEPT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES32 01/07/2022 292564 23.34 WATER DEPT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES33 01/07/2022 292564 3.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES34 01/07/2022 292564 7.01 BLDG MAINT UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES35 01/07/2022 292564 14.01 PARKS DEPT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES36 01/07/2022 292564 3.36 SEWER DEPT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES37 01/07/2022 292564 7.00 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES38 01/07/2022 292564 28.50 CORP YARD MATS 010.4213.5303 ARAMARK UNIFORM SERVICES39 01/07/2022 292564 3.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES40 01/07/2022 292564 7.01 BLDG MAINT UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES41 01/07/2022 292564 14.01 PARKS DEPT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES42 01/07/2022 292564 3.36 SEWER DEPT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES43 01/07/2022 292564 7.00 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES44 01/07/2022 292564 14.00 STREETS DEPT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES45 01/07/2022 292564 17.34 WATER DEPT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES46 01/07/2022 292564 3.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES47 01/07/2022 292564 7.01 BLDG MAINT UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES48 01/07/2022 292564 14.01 PARKS DEPT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES
CITY OF ARROYO GRANDE
CHECK LISTING
JANUARY 1 - JANUARY 15, 2022
ATTACHMENT 1
49 01/07/2022 292564 $ 3.36 SEWER DEPT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES50 01/07/2022 292564 7.00 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES51 01/07/2022 292564 14.00 STREETS DEPT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES52 01/07/2022 292564 17.34 WATER DEPT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES53 01/07/2022 292564 8.70 AUTO SHOP TOWELS 010.4305.5303 ARAMARK UNIFORM SERVICES54 01/07/2022 292564 28.50 CORP YARD MATS 010.4213.5303 ARAMARK UNIFORM SERVICES55 01/07/2022 292564 3.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES56 01/07/2022 292564 7.01 BLDG MAINT UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES57 01/07/2022 292564 13.83 PARKS DEPT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES58 01/07/2022 292564 3.36 SEWER DEPT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES59 01/07/2022 292564 7.00 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES60 01/07/2022 292564 14.00 STREETS DEPT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES61 01/07/2022 292564 17.34 WATER DEPT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES62 01/07/2022 292564 10.45 AUTO SHOP TOWELS 010.4305.5303 ARAMARK UNIFORM SERVICES63 01/07/2022 292564 28.50 CORP YARD MATS 010.4213.5303 ARAMARK UNIFORM SERVICES64 01/07/2022 292564 3.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES65 01/07/2022 292564 7.01 BLDG MAINT UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES66 01/07/2022 292564 13.83 PARKS DEPT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES67 01/07/2022 292564 3.36 SEWER DEPT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES68 01/07/2022 292564 14.00 STREETS DEPT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES69 01/07/2022 292564 17.34 WATER DEPT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES70 01/07/2022 292564 8.70 AUTO SHOP TOWELS 010.4305.5303 ARAMARK UNIFORM SERVICES71 01/07/2022 292564 7.00 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES72 01/07/2022 292564 14.00 STREETS DEPT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES73 01/07/2022 292564 17.34 WATER DEPT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES74 01/07/2022 292564 3.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES75 01/07/2022 292564 7.01 BLDG MAINT UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES76 01/07/2022 292564 13.83 PARKS DEPT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES77 01/07/2022 292564 3.36 SEWER DEPT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES78 01/07/2022 292564 7.00 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES79 01/07/2022 292564 14.00 STREETS DEPT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES80 01/07/2022 292564 17.34 WATER DEPT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES81 01/07/2022 292564 10.45 AUTO SHOP TOWELS 010.4305.5303 ARAMARK UNIFORM SERVICES82 01/07/2022 292564 28.50 CORP YARD MATS 010.4213.5303 ARAMARK UNIFORM SERVICES83 01/07/2022 292564 3.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES84 01/07/2022 292564 7.01 BLDG MAINT UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES85 01/07/2022 292564 13.83 PARKS DEPT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES86 01/07/2022 292564 3.36 SEWER DEPT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES87 01/07/2022 292564 7.00 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES88 01/07/2022 292564 14.00 STREETS DEPT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES89 01/07/2022 292564 17.34 WATER DEPT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES90 01/07/2022 292565 9.80 PARKS MATS/MOPHEADS 010.4213.5303 ARAMARK UNIFORM SERVICES91 01/07/2022 292565 9.80 PARKS MATS/MOPHEADS 010.4213.5303 ARAMARK UNIFORM SERVICES92 01/07/2022 292565 9.80 PARKS MATS/MOPHEADS 010.4213.5303 ARAMARK UNIFORM SERVICES93 01/07/2022 292565 9.80 PARKS MATS/MOPHEADS 010.4213.5303 ARAMARK UNIFORM SERVICES94 01/07/2022 292566 994.00 CASH FOR GRASS-994 SQFT 226.4306.5554 SOJ ARONSON95 01/07/2022 292567 44.13 BAN#9391033181 ALARM 640.4710.5403 AT&T96 01/07/2022 292567 22.91 BAN#9391033186 CC MACHINE 010.4145.5403 AT&T 97 01/07/2022 292567 31.90 BAN#9391033183 805-473-2198 010.4201.5403 AT&T
CITY OF ARROYO GRANDE
CHECK LISTING
JANUARY 1 - JANUARY 15, 2022
ATTACHMENT 1
98 01/07/2022 292567 $ 242.35 BAN#9391033184 805-473-5100 010.4201.5403 AT&T 99 01/07/2022 292567 63.11 BAN#9391033187 805-481-6944 010.4201.5403 AT&T100 01/07/2022 292567 30.72 BAN#9391033183 805-473-2198 010.4201.5403 AT&T101 01/07/2022 292567 236.43 BAN#9391033184 805-473-5100 010.4201.5403 AT&T102 01/07/2022 292567 63.71 BAN#9391033187 805-481-6944 010.4201.5403 AT&T103 01/07/2022 292567 22.91 BAN#9391033180 805-473-0386 010.4145.5403 AT&T104 01/07/2022 292568 126.68 01/22 TOWER LEASE 010.4201.5303 ATC SEQUOIA LLC105 01/07/2022 292569 331.76 EMPLOYEE RECOGNITION PLAQUES 010.4201.5504 BADGE FRAME, INC.106 01/07/2022 292570 9.00 CAR WASH-PD ADMIN 010.4201.5601 BOB'S EXPRESS WASH107 01/07/2022 292570 264.00 CAR WASH-PD PATROL 010.4203.5601 BOB'S EXPRESS WASH108 01/07/2022 292570 30.00 CAR WASH-PD SUPPORT SVCS 010.4204.5601 BOB'S EXPRESS WASH109 01/07/2022 292570 30.00 CAR WASH-ENGINEERING PW-4, PW 010.4301.5601 BOB'S EXPRESS WASH110 01/07/2022 292570 12.00 CAR WASBLDG B-409 010.4212.5601 BOB'S EXPRESS WASH111 01/07/2022 292571 163.78 OFFICE SUPPLIES-MAILING LABELS 010.4201.5201 BOONE PRINTING & GRAPHICS INC112 01/07/2022 292571 232.74 OFFICE SUPPLIES-BUSINESS CARDS 010.4201.5201 BOONE PRINTING & GRAPHICS INC113 01/07/2022 292572 150.00 ADV SEARCH/SEIZURE INV.-POST PER DIEM 010.4203.5501 JEREMY BURNS114 01/07/2022 292573 200.00 WASHING MACHINE REBATE 226.4306.5554 TERESA BURROWS115 01/07/2022 292574 31.64 FLEET-DUI TRAILER BULB 010.4203.5601 CARQUEST AUTO PARTS116 01/07/2022 292574 28.99 PD-4602 COOLANT 010.4203.5601 CARQUEST AUTO PARTS117 01/07/2022 292574 63.72 PD-4622 LIFT SUPPORT 010.4203.5601 CARQUEST AUTO PARTS118 01/07/2022 292574 46.85 PD-4622 LIFT SUPPORT 010.4203.5601 CARQUEST AUTO PARTS119 01/07/2022 292574 174.46 PW-60 ALTERNATOR 640.4712.5601 CARQUEST AUTO PARTS120 01/07/2022 292574 141.76 PW-60 BATTERY 640.4712.5601 CARQUEST AUTO PARTS121 01/07/2022 292575 163.11 BOOTS-GARRITY 612.4610.5148 CARR'S BOOTS & WESTERN122 01/07/2022 292576 78.00 CVT-21-9702 AGPD CASE#2101758 010.4204.5324 CENTRAL VALLEY TOXICOLOGY INC123 01/07/2022 292576 78.00 CVT-21-9801 AGPD CASE#2101804 010.4204.5324 CENTRAL VALLEY TOXICOLOGY INC124 01/07/2022 292576 313.00 CVT-21-9023 AGPD CASE#2101613 010.4204.5324 CENTRAL VALLEY TOXICOLOGY INC125 01/07/2022 292576 245.00 CVT-21-9642 AGPD CASE#2101655 010.4204.5324 CENTRAL VALLEY TOXICOLOGY INC126 01/07/2022 292577 45.73 ACCT#8245100960211791 REC TV 010.4145.5401 CHARTER COMMUNICATIONS127 01/07/2022 292577 710.64 ACCT#8245100960211791 REC DARK 010.4145.5401 CHARTER COMMUNICATIONS128 01/07/2022 292577 1,349.00 ACCT#8245100960301246 215 E BRANCH 211.4101.5330 CHARTER COMMUNICATIONS129 01/07/2022 292577 736.80 ACCT#8245100960211288 PW DARK 010.4145.5401 CHARTER COMMUNICATIONS130 01/07/2022 292577 327.16 ACCT#8245100960216667 WOMENS CENTER 010.4145.5401 CHARTER COMMUNICATIONS131 01/07/2022 292577 1,349.00 ACCT#8245100960302509 IT BROADBAND 010.4140.5303 CHARTER COMMUNICATIONS132 01/07/2022 292577 194.98 ACCT#8245100960104152 PD INTER 010.4201.5403 CHARTER COMMUNICATIONS133 01/07/2022 292577 179.89 ACCT#8245100960223572-PD TV 010.4145.5401 CHARTER COMMUNICATIONS134 01/07/2022 292577 95.17 ACCT#8245100960129431 215 E BRANCH 010.4145.5401 CHARTER COMMUNICATIONS135 01/07/2022 292577 26.72 ACCT#8245100960129431 215 E BRANCH 010.4145.5401 CHARTER COMMUNICATIONS136 01/07/2022 292578 550.00 PRE-EMPLOY POLYGRAPH & PSYCH EVAL 010.4201.5315 CUESTA POLYGRAPH137 01/07/2022 292579 372.59 ACCT#2901-1271650-01 METRO INTERNET 010.4140.5303 DIGITAL WEST NETWORKS INC138 01/07/2022 292579 372.59 ACCT#2901-1271650-01 METRO INTERNET 010.4140.5303 DIGITAL WEST NETWORKS INC139 01/07/2022 292579 372.59 ACCT#2901-1271650-01 METRO INTERNET 010.4140.5303 DIGITAL WEST NETWORKS INC140 01/07/2022 292580 4,815.00 DSA FEES FROM BUSINES LICENSE 010.0000.4050 DIVIS. OF THE STATE ARCHITECT141 01/07/2022 292580 (4,396.50) LESS 90% THAT CITY RETAINS 010.0000.2231 DIVIS. OF THE STATE ARCHITECT 142 01/07/2022 292581 150.00 GEO CELL INVEST-POST PER DIEM 010.4204.5501 PHILLIP DOLLMAN143 01/07/2022 292582 1,442.77 TRASH CAN LINERS, TP 010.4213.5604 FASTENAL COMPANY144 01/07/2022 292583 630.00 NEEDLE ARTS RUG 10/29-12/17 010.4424.5351 ELIZABETH FRYER145 01/07/2022 292584 34,120.00 OLOHAN ALLEY PRIVATE PROPERTY 350.5608.7001 GRANITE CONSTRUCTION CO146 01/07/2022 292585 165.24 01/22 AETNA RESOURCES -EAP 010.4145.5147 HEALTH AND HUMAN RESOURCE CTR
CITY OF ARROYO GRANDE
CHECK LISTING
JANUARY 1 - JANUARY 15, 2022
ATTACHMENT 1
147 01/07/2022 292585 $ 41.31 01/22 AETNA RESOURCES -EAP 010.0000.1111 HEALTH AND HUMAN RESOURCE CTR148 01/07/2022 292586 341.21 OFFICE SUPPLIES-PW ADMIN 010.4307.5201 INDOFF, INC149 01/07/2022 292587 65.34 FUEL-PD-4620, 4621 010.4203.5608 JB DEWAR, INC150 01/07/2022 292587 28,170.43 7583 GALL 87 OCTANE GASOLINE 010.0000.1202 JB DEWAR, INC151 01/07/2022 292588 900.00 TRAINING TUITION-LAPD LEADERSHIP 010.4201.5501 LAPD REVOLVING TRAINING FUND152 01/07/2022 292589 18.52 HARDWARE 010.4305.5255 LAWSON PRODUCTS, INC153 01/07/2022 292590 691.60 SHORETEL PHONE CHRGS-CITY HALL 010.4145.5403 LEVEL 3 COMMUNICATIONS LLC154 01/07/2022 292590 691.60 SHORETEL PHONE CHRGS-PD 010.4201.5403 LEVEL 3 COMMUNICATIONS LLC155 01/07/2022 292591 850.00 LAPD LEADERSHIP PROGRAM-JAN-AP 010.4201.5501 MICHAEL MARTINEZ156 01/07/2022 292592 38.71 PW-44 SWITCH 612.4610.5601 MULLAHEY FORD157 01/07/2022 292593 8.21 MISC OFFICE SUPPLIES 010.4102.5201 OFFICE DEPOT158 01/07/2022 292594 91.00 MAINT AGREEMENT-COPIER 010.4204.5602 OFFICE1159 01/07/2022 292595 26.89 DELIVERY CHARGES 010.4201.5208 ON TRAC160 01/07/2022 292596 47,359.56 ELECTRIC-STREET LIGHTING 010.4307.5402 PACIFIC GAS & ELECTRIC CO161 01/07/2022 292596 17,295.12 ELECTRIC-STREET LIGHTING 010.4307.5402 PACIFIC GAS & ELECTRIC CO162 01/07/2022 292596 1,422.47 ELECTRIC 010.4307.5402 PACIFIC GAS & ELECTRIC CO163 01/07/2022 292596 5,689.96 ELECTRIC 640.4712.5402 PACIFIC GAS & ELECTRIC CO164 01/07/2022 292596 4,888.37 ELECTRIC 640.4711.5402 PACIFIC GAS & ELECTRIC CO165 01/07/2022 292596 2,013.81 ELECTRIC 612.4610.5402 PACIFIC GAS & ELECTRIC CO166 01/07/2022 292596 8,728.75 ELECTRIC 010.4145.5401 PACIFIC GAS & ELECTRIC CO167 01/07/2022 292596 12.12 ELECTRIC 217.4460.5355 PACIFIC GAS & ELECTRIC CO168 01/07/2022 292597 27.00 UNIFORM CLEANING-ADMIN 010.4201.5303 PARAMOUNT CLEANERS169 01/07/2022 292597 562.00 UNIFORM CLEANING-PATROL SVCS 010.4203.5303 PARAMOUNT CLEANERS170 01/07/2022 292597 62.25 UNIFORM CLEANING-SUPPORT SVCS 010.4204.5303 PARAMOUNT CLEANERS171 01/07/2022 292598 225.00 NETWORK SVC-ANTENNA RE-ALIGNMENT 010.4201.5403 PEAK WIFI LLC172 01/07/2022 292599 220.30 11/21 PARKING CITATION PROCESS 010.4204.5303 PHOENIX GROUP173 01/07/2022 292600 2,412.00 CASH FOR GRASS-2412 SQFT 226.4306.5554 RICHARD PORTESI174 01/07/2022 292601 48.17 SWEATSHIRT FOR J GARRITY 612.4610.5255 R & T EMBROIDERY, INC175 01/07/2022 292602 500.00 ADV TRAFFIC COLLISION-POST PER DIEM 010.4203.5501 TIMOTHY RAMIREZ176 01/07/2022 292603 15.00 REVERSE OSMOSIS RENTAL:11/21 010.4201.5303 RICHETTI COMPLETE WATER177 01/07/2022 292604 660.00 FLEET-TRANSPORT NEW ADMIN FLEET 010.4203.5608 RIVERA CAR HAULING178 01/07/2022 292604 660.00 FLEET-TRANSPORT NEW ADMIN FLEET 010.4203.5608 RIVERA CAR HAULING179 01/07/2022 292605 164.00 11/21 PARKING CITATION REVENUE 010.0000.4203 SLO COUNTY AUDITOR-CONTROLLER180 01/07/2022 292606 150.00 ADV SEARCH/SEIZURE INV.-POST PER DIEM 010.4204.5501 JEFFREY SMITH181 01/07/2022 292607 16.53 GAS SERVICES-1500 W BRANCH 010.4145.5401 SOCALGAS182 01/07/2022 292607 119.90 GAS SERVICES-211 VERNON ST 010.4145.5401 SOCALGAS183 01/07/2022 292607 57.68 GAS SERVICES-215 E BRANCH 010.4145.5401 SOCALGAS184 01/07/2022 292607 328.09 GAS SERVICES-111 S MASON 010.4145.5401 SOCALGAS185 01/07/2022 292608 975.68 FLEET MAINT TOOLS 010.4203.5601 TCA TOOLS INC186 01/07/2022 292609 193.71 UNIFORMS-DONOVAN 010.4203.5272 TEMPLETON UNIFORMS187 01/07/2022 292609 661.23 UNIFORMS-CHAVEZ 010.4203.5272 TEMPLETON UNIFORMS188 01/07/2022 292610 881.22 PUBLIC RELATIONS AGPD FLAGS 010.4201.5504 THE FLAG FACTORY189 01/07/2022 292611 204.00 PUBLIC NOTICE-PLANNING COMMISSION 010.4130.5301 THE MCCLATCHY COMPANY LLC190 01/07/2022 292611 357.00 ORDINANCE SUMMARY SB1383 010.4002.5301 THE MCCLATCHY COMPANY LLC191 01/07/2022 292611 90.10 NOTICE TO BIDDERS 21 ST REPAIR 010.4002.5301 THE MCCLATCHY COMPANY LLC192 01/07/2022 292611 93.50 PROPOSED ORDINANCE SUMMARY SB1383 010.4002.5301 THE MCCLATCHY COMPANY LLC193 01/07/2022 292612 352.77 PD-4607 REPAIR 010.4203.5601 TOM'S AUTO SERVICE194 01/07/2022 292613 3,653.69 WATER AND WASTEWATER RATE STUDY UPDATE 640.4710.5303 TUCKFIELD & ASSOCIATES195 01/07/2022 292613 913.43 WATER AND WASTEWATER RATE STUDY UPDATE 612.4610.5303 TUCKFIELD & ASSOCIATES
CITY OF ARROYO GRANDE
CHECK LISTING
JANUARY 1 - JANUARY 15, 2022
ATTACHMENT 1
196 01/07/2022 292613 $ 1,211.30 WATER AND WASTEWATER RATE STUDY UPDATE 640.4710.5303 TUCKFIELD & ASSOCIATES197 01/07/2022 292613 302.83 WATER AND WASTEWATER RATE STUDY UPDATE 612.4610.5303 TUCKFIELD & ASSOCIATES198 01/07/2022 292614 84.53 COPY MACHINE MAINT 12/21 010.4102.5602 ULTREX BUSINESS PRODUCTS (DBA)199 01/07/2022 292615 3,000.00 POSTAGE BY PHONE 010.4145.5208 US POSTAL SERVICE200 01/07/2022 292616 304.08 ACCT#472480460-00002 CITY IPAD 010.4145.5403 VERIZON WIRELESS201 01/07/2022 292616 848.06 ACCT#208620661-00002 PD CELL PHONE 010.4201.5403 VERIZON WIRELESS 202 01/07/2022 292617 519.21 COPY MACH LEASE PYMT 010.4201.5803 WELLS FARGO VENDOR FINANCIAL203 01/07/2022 292618 17,155.00 10/21 PROF LEGAL FEES-WATER RIGHTS 640.4710.5575 WHITE BRENNER LLP204 01/07/2022 292618 922.50 10/21 PROF LEGAL FEES-SM ADJ IMPLEMENTATION 640.4710.5575 WHITE BRENNER LLP205 01/07/2022 292618 1,870.40 11/21 PRF LEGAL FEES-WATER RIGHTS 640.4710.5575 WHITE BRENNER LLP206 01/07/2022 292619 53.14 (1) SAFETY RAIN JACKET 612.4610.5255 WINEMA INDUSTRIAL & 207 01/13/2022 292620 40.00 CA NOTARY EXAM 010.4002.5501 CA SECRETARY OF STATE208 01/14/2022 292621 1,037.69 FLEET-DRONE EQUIPMENT 010.4203.5601 AMAZON CAPITAL SERVICES209 01/14/2022 292621 8.18 PETCOCK FUEL SHUTOFF 010.4420.5603 AMAZON CAPITAL SERVICES210 01/14/2022 292621 150.12 (3) SAFETY RAIN JACKETS 220.4303.5255 AMAZON CAPITAL SERVICES211 01/14/2022 292621 59.84 (1) SAFETY RAIN JACKET 010.4420.5255 AMAZON CAPITAL SERVICES212 01/14/2022 292621 21.53 HONDA GENERATOR AIR FILTER 010.4420.5603 AMAZON CAPITAL SERVICES213 01/14/2022 292621 284.45 PW WATER FILTERS 010.4213.5604 AMAZON CAPITAL SERVICES214 01/14/2022 292621 161.61 SCHOOL YEAR SUPPLIES 010.4425.5255 AMAZON CAPITAL SERVICES215 01/14/2022 292621 213.30 COVID SUPPLIES 010.4919.5255 AMAZON CAPITAL SERVICES216 01/14/2022 292621 521.51 TURKEY TROT & B'FAST W/SANTA S 010.4424.5252 AMAZON CAPITAL SERVICES217 01/14/2022 292621 33.25 FEBREZE AIR FRESHENER 010.4213.5604 AMAZON CAPITAL SERVICES218 01/14/2022 292621 22.95 OFFICE SUPPLIES-PENS 010.4130.5201 AMAZON CAPITAL SERVICES219 01/14/2022 292621 16.15 PAPER TOWEL HOLDER FOR KITCHEN 010.4102.5201 AMAZON CAPITAL SERVICES220 01/14/2022 292621 234.86 PERF PAPER, SORTKWIK, LETTER OPENER 010.4102.5201 AMAZON CAPITAL SERVICES221 01/14/2022 292621 135.63 (8) SAFETY VESTS 220.4303.5255 AMAZON CAPITAL SERVICES222 01/14/2022 292621 30.55 (3) TYVEK SUITS 010.4420.5605 AMAZON CAPITAL SERVICES223 01/14/2022 292621 29.67 HAND WARMERS 010.4430.5605 AMAZON CAPITAL SERVICES224 01/14/2022 292621 95.09 (5) TP DISPENSERS 010.4213.5604 AMAZON CAPITAL SERVICES225 01/14/2022 292621 386.54 (6) CASES TORK TOWEL ROLLS 010.4213.5604 AMAZON CAPITAL SERVICES226 01/14/2022 292621 463.33 (2) CASES NITRIL GLOVES 220.4303.5613 AMAZON CAPITAL SERVICES227 01/14/2022 292621 418.03 (2) CASES NITRIL GLOVES 010.4420.5605 AMAZON CAPITAL SERVICES228 01/14/2022 292621 298.17 (6) CASES SCOTT PAPER TOWELS 010.4213.5604 AMAZON CAPITAL SERVICES229 01/14/2022 292621 59.37 (2) GERMX HAND SANITIZER 010.4213.5604 AMAZON CAPITAL SERVICES 230 01/14/2022 292621 96.96 NAVY JACKET 010.4213.5604 AMAZON CAPITAL SERVICES231 01/14/2022 292621 161.61 DEFIB PADS-PW 010.4213.5604 AMAZON CAPITAL SERVICES232 01/14/2022 292621 137.19 (12) PW HATS 220.4303.5255 AMAZON CAPITAL SERVICES 233 01/14/2022 292621 10.72 COFFEE MUG 010.4420.5255 AMAZON CAPITAL SERVICES234 01/14/2022 292621 91.46 (4) FLASHLIGHTS 010.4420.5605 AMAZON CAPITAL SERVICES 235 01/14/2022 292621 91.46 (8) PW HATS 010.4430.5255 AMAZON CAPITAL SERVICES236 01/14/2022 292621 44.07 FLASHLIGHT BATTERIES 010.4420.5605 AMAZON CAPITAL SERVICES237 01/14/2022 292621 344.12 (4) WYPALL TOWELS 010.4420.5605 AMAZON CAPITAL SERVICES238 01/14/2022 292621 57.44 (8) CASES COPY PAPER 612.4610.5201 AMAZON CAPITAL SERVICES239 01/14/2022 292621 57.44 (8) CASES COPY PAPER 220.4303.5201 AMAZON CAPITAL SERVICES240 01/14/2022 292621 57.44 (8) CASES COPY PAPER 010.4307.5201 AMAZON CAPITAL SERVICES241 01/14/2022 292621 29.04 PW-16 PORTABLE CHARGER 220.4303.5255 AMAZON CAPITAL SERVICES242 01/14/2022 292621 12.80 SOFTSOAP FOR PARKS SPRAYERS 010.4420.5605 AMAZON CAPITAL SERVICES243 01/14/2022 292622 72.07 HATS 010.4305.5143 ARAMARK UNIFORM SERVICES244 01/14/2022 292622 72.07 HATS 010.4213.5143 ARAMARK UNIFORM SERVICES
CITY OF ARROYO GRANDE
CHECK LISTING
JANUARY 1 - JANUARY 15, 2022
ATTACHMENT 1
245 01/14/2022 292622 $ 72.07 HATS 010.4420.5143 ARAMARK UNIFORM SERVICES246 01/14/2022 292622 72.07 HATS 612.4610.5143 ARAMARK UNIFORM SERVICES247 01/14/2022 292622 72.07 HATS 010.4430.5143 ARAMARK UNIFORM SERVICES248 01/14/2022 292622 72.07 HATS 220.4303.5143 ARAMARK UNIFORM SERVICES249 01/14/2022 292622 72.07 HATS 640.4712.5143 ARAMARK UNIFORM SERVICES250 01/14/2022 292623 210.00 12/21 VILLAGE WATERING 010.4420.5605 ARROYO GRANDE IN BLOOM INC251 01/14/2022 292624 717.56 PD FLEET STOCK BATTERIES 010.4203.5601 BATTERY SYSTEMS252 01/14/2022 292625 500.00 PROVIDE JANITORIAL SERVICES FOR AGPD 010.4201.5615 BRENDLER JANITORIAL SERVICE253 01/14/2022 292625 1,135.00 PROVIDE JANITORIAL SERVICES FOR CITY BLDGS 010.4213.5615 BRENDLER JANITORIAL SERVICE254 01/14/2022 292626 96.00 PEST CONTROL: WOMENS CLUB 010.4213.5303 BREZDEN PEST CONTROL, INC255 01/14/2022 292626 181.00 PEST CONTROL: PD 010.4213.5303 BREZDEN PEST CONTROL, INC256 01/14/2022 292627 301.00 10/21-12/21 DIESEL FUEL TAX RE 010.0000.1202 CA DEPT OF TAX & FEE ADMIN257 01/14/2022 292628 32.00 PRE-EMPLOYMNT FINGERPRINT LIVE 010.4204.5329 CA ST DEPT OF JUSTICE258 01/14/2022 292628 64.00 PD FINGERPRINT LIVESCAN IN/OUT 010.4204.5329 CA ST DEPT OF JUSTICE259 01/14/2022 292628 49.00 PRE-EMPLOYMNT FINGERPRINT/LIVESCAN 010.4002.5503 CA ST DEPT OF JUSTICE260 01/14/2022 292628 222.00 PRE-EMPLOYMNT FINGERPRINT/LIVESCAN 010.4425.5316 CA ST DEPT OF JUSTICE261 01/14/2022 292629 1,491.27 14.35 TON COLD MIX ASPHALT 220.4303.5613 CALPORTLAND CONSTRUCTION 262 01/14/2022 292630 444.00 01/22-06/22 ALARM MONITORING 010.4201.5303 CAME SECURITY ALARMS263 01/14/2022 292630 600.00 SVC CALL-PROP & EVID ROOM 010.4201.5604 CAME SECURITY ALARMS264 01/14/2022 292630 444.00 ACCT#Z1101063 01/22-06/22 ALAR 010.4213.5303 CAME SECURITY ALARMS265 01/14/2022 292630 294.00 ACCT#CSA140 01/22-06/22 ALARM 010.4213.5303 CAME SECURITY ALARMS266 01/14/2022 292630 204.00 ACCT#CSA288 01/22-06/22 ALARM 010.4213.5303 CAME SECURITY ALARMS267 01/14/2022 292630 534.00 ACCT#Z1101029 01/22-06/22 ALAR 010.4213.5303 CAME SECURITY ALARMS268 01/14/2022 292630 228.00 ACCT#CSA245 01/22-06/22 ALARM 010.4213.5303 CAME SECURITY ALARMS269 01/14/2022 292630 408.00 ACCT#CSA2015 01/22-06/22 ALARM 010.4213.5303 CAME SECURITY ALARMS270 01/14/2022 292631 23.39 PW-23 BULBS, AIR FRESHENER 010.4305.5601 CARQUEST AUTO PARTS271 01/14/2022 292632 51.11 ACCT#8245100960221923 PW TV 010.4307.5303 CHARTER COMMUNICATIONS272 01/14/2022 292633 455.00 ENGINEERING SUPPORT-ANTIMALWARE 010.4140.5303 CIO SOLUTIONS LP273 01/14/2022 292633 3,570.96 THREAT PREVENTION SUBSCRIPTION 010.4140.5303 CIO SOLUTIONS LP274 01/14/2022 292633 5,556.85 PALO ALTO PREMIUM SUPPORT-CITY 010.4140.5303 CIO SOLUTIONS LP275 01/14/2022 292633 5,356.44 SUBSCRIPTION ADV URL FILTER-CITY 010.4140.5303 CIO SOLUTIONS LP276 01/14/2022 292633 2,940.00 SUBSCRIPTION ADV URL FILTER-PD 010.4140.5303 CIO SOLUTIONS LP277 01/14/2022 292633 1,960.00 THREAT PREVENTION SUBSCRIPTION 010.4140.5303 CIO SOLUTIONS LP278 01/14/2022 292633 3,258.90 PALO ALTO PREMIUM SUPPORT-PD 010.4140.5303 CIO SOLUTIONS LP279 01/14/2022 292634 200.00 WASHING MACHINE REBATE 226.4306.5554 JEANNETTE COOK280 01/14/2022 292636 112.00 12/21 SR FITNESS 010.4424.5351 GAYLE CUDDY281 01/14/2022 292637 13,873.57 ADMIN/SUPPORT FLEET UPLIFTING 010.4201.5601 DANA SAFETY SUPPLY282 01/14/2022 292638 400.00 12/21 NETBILL MONTHLY MAINT 640.4710.5303 DATAPROSE LLC283 01/14/2022 292638 111.16 12/21 NETBILL CC TRANSACTIONS 612.4610.5555 DATAPROSE LLC284 01/14/2022 292638 444.64 12/21 NETBILL CC TRANSACTIONS 640.4710.5555 DATAPROSE LLC285 01/14/2022 292638 2,954.46 12/21 UTILITY BILL MAILING 640.4710.5208 DATAPROSE LLC286 01/14/2022 292639 414.12 REIMBURSE FOR HOTEL-12/5-12/8 010.4203.5501 STEPHEN DOHERTY287 01/14/2022 292639 62.23 GAS-12/5-12/8 TRAINING 010.4203.5608 STEPHEN DOHERTY288 01/14/2022 292639 920.00 REIMBURSE TUITION & TECH FEE 010.4201.5502 STEPHEN DOHERTY289 01/14/2022 292640 2,261.37 PROVIDE DESIGN SERVICES OAK BAR/ECR STORM DRAIN 350.5795.7501 EIKHOF DESIGN GROUP290 01/14/2022 292640 1,673.63 PREPARE CALTRANS DAR & DSDD 350.5795.7501 EIKHOF DESIGN GROUP291 01/14/2022 292641 14,482.50 SUSTAINABLE COMMUNITIES GRANT 010.4301.5303 GHD INC292 01/14/2022 292641 3,418.75 HALCYON COMPLETE STREETS 010.4301.5303 GHD INC293 01/14/2022 292642 24.79 FUEL-OTS 010.4209.5501 CHAD GIESMANN
CITY OF ARROYO GRANDE
CHECK LISTING
JANUARY 1 - JANUARY 15, 2022
ATTACHMENT 1
294 01/14/2022 292643 $ 500.00 FY 21/22 SUBSCRIPTION-RECORDS 010.4002.5303 GLADWELL GOVERNMENTAL SVCS INC295 01/14/2022 292644 3,447.29 PREPARATION OF THE 2021 ANNUAL REPORT 640.4710.5303 GSI WATER SOLUTIONS296 01/14/2022 292645 86.08 PORTABLE TOILET RENTAL 12/12-01/09 220.4303.5552 HARVEY'S HONEY HUTS297 01/14/2022 292646 1,014.00 CASH FOR GRASS-1014 SQFT 226.4306.5554 JOSEPH IANNEO298 01/14/2022 292647 968.00 HP PRODESK 600 G6 211.4101.5330 ITSAVVY LLC299 01/14/2022 292647 75.02 SALES TAX 211.4101.5330 ITSAVVY LLC300 01/14/2022 292648 600.00 FY21/22 COMM BASED ANTI-LITTER 010.4301.5301 JPW COMMUNICATIONS LLC301 01/14/2022 292649 6.11 HEX CAP SCREW-1 BOX 010.4305.5255 LAWSON PRODUCTS, INC302 01/14/2022 292650 49.00 REFUND-BRIDGE CARD 010.0000.4605 SYLVIA LIVINGSTON303 01/14/2022 292651 3,919.67 ASSESSMENT-YRS 1993-2008, INST 010.4145.5141 LOCAL AGENCY WORKERS COMP.304 01/14/2022 292652 800.00 PRE-EMPLOYMT EXAM-CHAVEZ 010.4201.5315 LOMPOC VALLEY CARDIOVASCULAR 305 01/14/2022 292653 1,196.25 CONSULTANT SERVICE FOR MANAGEMENT 010.4120.5303 MANAGEMENT PARTNERS INC306 01/14/2022 292654 1,716.80 11/21 ZUMBA, BARRE 010.4424.5351 HEIDY MANGIARDI307 01/14/2022 292655 179.40 (3) AQUAPHALT ASPHALT PATCH 220.4303.5613 MINER'S ACE HARDWARE, INC 308 01/14/2022 292655 71.54 OUTDOOR TIMER, BATTERIES 010.4213.5604 MINER'S ACE HARDWARE, INC309 01/14/2022 292655 12.91 (2) SPRAY PAINT 010.4430.5605 MINER'S ACE HARDWARE, INC310 01/14/2022 292655 17.20 (4) KEYS 010.4420.5605 MINER'S ACE HARDWARE, INC311 01/14/2022 292655 38.76 (2) FAST SET CONCRETE, LEVEL 220.4303.5613 MINER'S ACE HARDWARE, INC312 01/14/2022 292655 17.22 LIFT STN#5 GASKET MATERIAL 612.4610.5610 MINER'S ACE HARDWARE, INC313 01/14/2022 292655 2.79 QUICK LINK CHAIN 010.4420.5605 MINER'S ACE HARDWARE, INC314 01/14/2022 292655 16.15 DAP PATCHING PLASTER 010.4213.5604 MINER'S ACE HARDWARE, INC315 01/14/2022 292655 220.84 (3) AQUAPHALT ASPHALT PATCH 220.4303.5613 MINER'S ACE HARDWARE, INC316 01/14/2022 292655 150.83 (2) SPACE HEATERS FOR OFFICES 010.4213.5604 MINER'S ACE HARDWARE, INC317 01/14/2022 292655 64.63 POWER DRUM AUGER 010.4420.5605 MINER'S ACE HARDWARE, INC318 01/14/2022 292655 17.23 ANGLE BROOM 010.4213.5604 MINER'S ACE HARDWARE, INC319 01/14/2022 292656 104.80 12/21 YOGA IN THE PARK 010.4424.5351 NICCOLA NELSON320 01/14/2022 292657 200.00 WASHING MACHINE REBATE 226.4306.5554 SARA NESPER321 01/14/2022 292658 131.58 BAR OIL, FUEL, CHAIN 220.4303.5273 NOBLE SAW, INC322 01/14/2022 292658 225.10 COMMERCIAL BLOWER 220.4303.5273 NOBLE SAW, INC323 01/14/2022 292658 187.44 FUEL, OIL, LINE GLOVES 220.4303.5273 NOBLE SAW, INC324 01/14/2022 292658 54.16 AIR FILTER 220.4303.5273 NOBLE SAW, INC325 01/14/2022 292658 1,360.45 CHAIN SAW 220.4303.5273 NOBLE SAW, INC326 01/14/2022 292658 46.20 FELT, AIR FILTERS 220.4303.5273 NOBLE SAW, INC327 01/14/2022 292658 212.60 COMMERCIAL BLOWER 220.4303.5273 NOBLE SAW, INC328 01/14/2022 292659 89.03 OFFICE SUPPLIES-PAPER 010.4102.5201 OFFICE DEPOT329 01/14/2022 292659 24.89 MISC OFFICE SUPPLIES 010.4102.5201 OFFICE DEPOT330 01/14/2022 292660 277.00 BLD PERMIT REFUND-820 GOLDEN HAWK 010.0000.4181 OROZCO ROOFING331 01/14/2022 292660 1.00 BLD PERMIT REFUND-820 GOLDEN HAWK 010.0000.2223 OROZCO ROOFING332 01/14/2022 292660 3.00 BLD PERMIT REFUND-820 GOLDEN HAWK 010.0000.2208 OROZCO ROOFING333 01/14/2022 292661 400.00 11/21 SOTO SPORTS COMPLEX GOPHERS 010.4420.5303 PACIFIC GOPHER CONTROL334 01/14/2022 292662 6,198.75 GE MOTOR-WELL#8 75HP 1800RPM 640.4712.5610 PERRY'S ELECTRIC MOTORS335 01/14/2022 292663 72.00 REIMBURSE-DRYCLEANING, ALTERATION 010.4203.5272 GREGORY PIERCE336 01/14/2022 292664 7,054.08 QUINCY SWINGING BRIDGE CONTRACT 350.5620.7501 QUINCY ENGINEERING INC337 01/14/2022 292664 24,732.69 Traffic Way Bridge Replacement 350.5679.7501 QUINCY ENGINEERING INC 338 01/14/2022 292664 (4,960.00) QUINCY SWINGING BRIDGE 350.5620.7301 QUINCY ENGINEERING INC 339 01/14/2022 292665 1,201.41 QUINCY SWINGING BRIDGE 219.4460.5304 RAINSCAPE340 01/14/2022 292665 484.37 TRAFFIC WAY BRIDGE REPLACEMENT 216.4460.5304 RAINSCAPE341 01/14/2022 292666 2,408.29 ANDERSEN MEMORIAL BENCH 010.0000.2204 RECWEST OUTDOOR PRODUCTS INC342 01/14/2022 292667 135.98 RAINBIRD IRRIGATION SUPPLIES 010.4430.5605 SITEONE LANDSCAPE SUPPLY LLC
CITY OF ARROYO GRANDE
CHECK LISTING
JANUARY 1 - JANUARY 15, 2022
ATTACHMENT 1
343 01/14/2022 292667 $ 328.66 (4) HUNTER I-40 ROTORS 010.4430.5605 SITEONE LANDSCAPE SUPPLY LLC 344 01/14/2022 292667 210.25 (2) 2.5 GALL HERBICIDE 010.4420.5274 SITEONE LANDSCAPE SUPPLY LLC345 01/14/2022 292668 135.29 2022 DIESEL ENGINE PERMITS-AIR 220.4303.5603 SLO COUNTY AIR POLLUTION346 01/14/2022 292668 406.70 2022 DIESEL ENGINE PERMITS-AIR 640.4712.5603 SLO COUNTY AIR POLLUTION347 01/14/2022 292669 430.24 SAFETY VEST, (6) AQUAPHALT 220.4303.5613 STATEWIDE SAFETY & SIGNS INC 348 01/14/2022 292669 99.45 (6) ASPHALT COLD PATCH 220.4303.5613 STATEWIDE SAFETY & SIGNS INC 349 01/14/2022 292669 42.07 (3) ASPHALT COLD PATCH 220.4303.5613 STATEWIDE SAFETY & SIGNS INC350 01/14/2022 292669 (554.40) CREDIT RETURN-OTS FLAG STAND & 010.4209.5255 STATEWIDE SAFETY & SIGNS INC351 01/14/2022 292670 42.35 BUSINESS TV-300 E BRANCH 010.4145.5401 TIME WARNER CABLE352 01/14/2022 292671 16.87 SIGN-NO PKG STUDENT DROP OFF 220.4303.5613 TRAFFIC MANAGEMENT PRODUCTS353 01/14/2022 292671 785.25 ROADMAX PAINT-(2) WHITE, (2) Y 220.4303.5613 TRAFFIC MANAGEMENT PRODUCTS 354 01/14/2022 292671 806.69 (8) SQ POSTS 220.4303.5613 TRAFFIC MANAGEMENT PRODUCTS 355 01/14/2022 292672 280.00 12/21 ART FOR KIDS 010.4424.5351 PEGGY VALKO356 01/14/2022 292673 68.60 ACCT#808089883-00003 CIM CELL 010.4425.5255 VERIZON WIRELESS 357 01/14/2022 292674 2,643.46 FATS, OILS, & GREASE PROGRAM 612.4610.5303 WALLACE GROUP A CALIF CORP358 01/14/2022 292674 741.80 WALLACE STORMWATER MGMT 010.4301.5303 WALLACE GROUP A CALIF CORP359 01/14/2022 292675 1,860.78 STAFF EXTENSION SERVICES 640.4710.5303 WATER SYSTEMS CONSULTING INC360 01/14/2022 292676 250.00 ASH ST WOMENS RESTROOM-CLEAR CLOG 010.4213.5303 WATERBOYS PLUMBING361 01/14/2022 292677 75.08 15 GALL ARBUTUS MARINA TREE 010.4420.5605 WEST COVINA NURSERIES362 01/14/2022 292677 (26.81) CREDIT ON ACCT 010.4420.5605 WEST COVINA NURSERIES 363 01/14/2022 292678 1,440.00 11/21 SIGNAL MAINT-12 INTERSECTIONS 010.4307.5303 LEE WILSON ELECTRIC COMPANY INC364 01/14/2022 292678 60.00 OAK PARK & JAMES WAY 010.4307.5303 LEE WILSON ELECTRIC COMPANY INC365 01/14/2022 292678 60.00 OAK PARK & EL CAMINO REAL 010.4307.5303 LEE WILSON ELECTRIC COMPANY INC366 01/14/2022 292678 75.00 OAK PARK & W BRANCH 010.4307.5303 LEE WILSON ELECTRIC COMPANY INC367 01/14/2022 292679 49,778.94 SOCIAL SECURITY 011.0000.2105 CITY OF ARROYO GRANDE368 01/14/2022 292679 12,116.72 MEDICARE 011.0000.2105 CITY OF ARROYO GRANDE369 01/14/2022 292679 44,660.59 FEDERAL TAX WITHHOLDING 011.0000.2104 CITY OF ARROYO GRANDE370 01/14/2022 292680 17,384.16 STATE TAX WITHHOLDING 011.0000.2108 CA ST EMPLOYMENT DEVEL DEPT371 01/14/2022 292680 2,371.20 STATE SDI CONTRIBUTION 011.0000.2111 CA ST EMPLOYMENT DEVEL DEPT372 01/14/2022 292681 298.84 CHILD SUPPORT-PAYDATE 01/14/22 011.0000.2114 CA STATE DISBURSEMENT UNIT373 01/14/2022 292681 133.38 CHILD SUPPORT-PAYDATE 01/14/22 011.0000.2114 CA STATE DISBURSEMENT UNIT374 01/14/2022 292681 150.46 CHILD SUPPORT-PAYDATE 01/14/22 011.0000.2114 CA STATE DISBURSEMENT UNIT375 01/14/2022 292681 154.15 CHILD SUPPORT-PAYDATE 01/14/22 011.0000.2114 CA STATE DISBURSEMENT UNIT376 01/14/2022 292681 16.15 CHILD SUPPORT-PAYDATE 01/14/22 011.0000.2114 CA STATE DISBURSEMENT UNIT377 01/14/2022 292682 3,895.44 EE DEFERRED COMP % 011.0000.2117 ICMA RETIREMENT CORP378 01/14/2022 292682 11,032.48 EE DEFERRED COMP FLAT 011.0000.2117 ICMA RETIREMENT CORP379 01/14/2022 292682 866.66 ER DEFERRED COMP FLAT 011.0000.2117 ICMA RETIREMENT CORP380 01/14/2022 292682 275.00 EE ROTH CONTRIBUTION 011.0000.2117 ICMA RETIREMENT CORP381 01/14/2022 292683 967.57 EE PARS CONTRIBUTION PAYDATE 01/14/22 011.0000.2107 US BANK OF CALIFORNIA382 01/14/2022 292683 241.95 ER PARS CONTRIBUTION PAYDATE 01/14/22 011.0000.2107 US BANK OF CALIFORNIA $ 673,181.05
ATTACHMENT 2
.
General Fund 334,487.73 5101 Salaries Full time 131,847.07 Streets Fund 17,685.53 5101 Volunteer Employee Retirement - Sewer Fund 7,342.16 5102 Salaries Part-Time - PPT 4,391.27 Water Fund 20,286.77 5103 Salaries Part-Time - TPT 9,636.84 379,802.19 5105 Salaries OverTime 8,416.74
5106 Salaries Strike Team OT -
5107 Salaries Standby 1,446.05
5108 Holiday Pay 74,586.34
5109 Sick Pay 6,009.07
Administrative Services - 5110 Annual Leave Buyback -
Information Services - 5111 Vacation Buyback -
Community Development - 5112 Sick Leave Buyback -
Police 6,679.88 5113 Vacation Pay 11,115.77
Public Works - Maintenance 1,136.60 5114 Comp Pay 6,432.82 Public Works - Enterprise 600.26 5115 Annual Leave Pay 11,335.08 Recreation - Administration - 5116 Salaries - Police FTO - Recreation - Special Events - 5121 PERS Retirement 29,786.41 Children In Motion - 5122 Social Security 20,081.76
5123 PARS Retirement 241.95 8,416.74
5126 State Disability Ins. 1,016.12
5127 Deferred Compensation 741.66
5131 Health Insurance 48,590.94
5132 Dental Insurance 2,985.16
5133 Vision Insurance 787.06
5134 Life Insurance 356.31
5135 Long Term Disability 774.38
5137 Leave Payouts 7,202.75
5142 Unemployment Insurance -
5143 Uniform Allowance -
5144 Car Allowance 837.50
5146 Council Expense -
5147 Employee Assistance -
5148 Boot Allowance -
5149 Motor Pay 35.64
5150 Bi-Lingual Pay 150.00
5151 Cell Phone Allowance 997.50
379,802.19
OVERTIME BY DEPARTMENT:
CITY OF ARROYO GRANDE
DEPARTMENTAL LABOR DISTRIBUTION
PAY PERIOD
12/24/2021 - 01/06/2022
1/14/2022
BY FUND BY ACCOUNT
Item 8.b.
MEMORANDUM
TO: City Council
FROM: Nicole Valentine, Administrative Services Director BY: Lynda Horejsi, Accounting Manager
SUBJECT: Consideration of Statement of Investment Deposits DATE: February 8, 2022
SUMMARY OF ACTION:
Presentation of the City’s investment deposits as of December 31, 2021.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no funding impact to the City related to these reports. However, the City does receive interest revenue based on the interest rate of the investments. No or minimal future staff time is projected.
RECOMMENDATION:
Receive and file the attached report listing investment deposits of the City of Arroyo Grande as of December 31, 2021, as required by Government Code Section 53646(b).
BACKGROUND:
The Administrative Services department has historically submitted to the City Council a monthly report, providing the following information:
1. Type of investment.
2. Financial institution (bank, savings and loan, broker, etc).
3. Date of maturity.
4. Principal amount.
5. Rate of interest.
6. Current market value for all securities having a maturity of more than 12 months.
7. Relationship of the monthly report to the annual statement of investment policy.
Item 8.b.
City Council
Consideration of Statement of Investment Deposits
February 8, 2022
ANALYSIS OF ISSUES:
This report represents the City’s investments as of December 31, 2021. It includes all investments managed by the City, the investment institution, investment type, book value, maturity date, and rate of interest. As of December 31, 2021, the investment portfolio was in compliance with all State laws and the City’s investment policy.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Recommended Alternative - Approve staff’s recommendation to receive and file the attached report listing the investment deposits;
2. Do not approve staff’s recommendation; or
3. Provide other direction to staff.
ADVANTAGES:
Safety of principal is the foremost objective of the City. Investments are undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio.
DISADVANTAGES:
Some level of risk is present in any investment transaction. Losses could be incurred due to market price changes, technical cash flow complications such as the need to withdraw a non-negotiable Time Certificate of Deposit early, or even the default of an issuer. To minimize such risks, diversifications of the investment portfolio by institution and by investment instruments are being used as much as is practical and prudent.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2.
Attachments:
1. Portfolio Summary: December 31, 2021
ATTACHMENT 1
City of Arroyo Grande
300 E. Branch St.
Arroyo Grande, CA 93420
Phone: (805) 473-5400
CITY OF ARROYO GRANDE
Portfolio Management
Portfolio Summary
December 31, 2021
Investments Principal Value Current Market Value Interest Rate Date of Purchase Term Maturity Date % of Portfolio Local Agency Investment Fund $ 9,087,279.97 9,087,279.97 $ 0.212% 40.592% Certificates of Deposit
Pacific Premier Bank 106,582.94 106,582.94 0.200% February 21, 2021 12 mos February 21, 2022 0.476%Texas Exchange Bank 248,000.00 248,000.00 1.000% March 25, 2020 24 mos March 25, 2022 1.108%CIT Bank NA 248,000.00 248,000.00 1.050% March 28, 2020 24 mos March 28, 2022 1.108%Firstbank Puerto Rico 249,000.00 249,000.00 1.700% October 25, 2019 30 mos April 25, 2022 1.112%Ally Bank 247,000.00 247,000.00 2.150% July 22, 2019 36 mos July 22, 2022 1.103%TIAA FSB Jacksonville 247,000.00 247,000.00 2.100% July 12, 2019 36 mos July 12, 2022 1.103% Sallie Mae Bank/Salt Lake 247,000.00 247,000.00 1.900% October 3, 2019 36 mos October 3, 2022 1.103%Eaglebank Bethesda Maryland 249,000.00 249,000.00 1.850% October 4, 2019 36 mos October 4, 2022 1.112%Goldman Sachs Bank USA 247,000.00 247,000.00 1.850% October 24, 2019 36 mos October 24, 2022 1.103%1st Security Bank Washington 249,000.00 249,000.00 1.700% October 4, 2019 42 mos April 4, 2023 1.112%Morgan Stanley Private Bank 247,000.00 247,000.00 2.250% July 11, 2019 45 mos July 11, 2023 1.103%Merrick Bank 249,000.00 249,000.00 1.800% October 16, 2019 48 mos October 16, 2023 1.112%BMW Bank North America 249,000.00 249,000.00 0.500% July 16, 2021 36 mos July 16, 2024 1.112%Enerbank USA 247,000.00 247,000.00 1.850% October 25, 2019 60 mos October 25, 2024 1.103%Flagstar Bank 245,000.00 245,000.00 0.850% May 15, 2020 60 mos May 15, 2025 1.094%New York Community Bank 249,000.00 249,000.00 0.550% July 1, 2021 48 mos July 1, 2025 1.112%UBS Bank USA 249,000.00 249,000.00 0.900% July 21, 2021 60 mos July 21, 2026 1.112%Toyota Financial Savings Bank 248,000.00 248,000.00 0.950% July 22, 2021 60 mos July 22, 2026 1.108%Bank United NA 249,000.00 249,000.00 1.350% December 8, 2021 60 mos December 8, 2026 1.112%Capital One Bank USA 248,000.00 248,000.00 1.250% December 8, 2021 60 mos December 8, 2026 1.108% Total Certificates of Deposit 4,817,582.94 4,817,582.94 21.520% Agency Bonds
Federal Farm Credit Bank 2,500,000.00 2,551,747.50 1.600% November 1, 2019 48 mos November 1, 2023 11.167%Federal Farm Credit Bank 1,999,314.00 1,975,226.00 0.350% December 4, 2020 42 mos May 16, 2024 8.931%Federal Farm Credit Bank 998,431.00 984,979.00 0.430% March 17, 2021 48 mos March 3, 2025 4.460%Federal Natl Mortgage Assn 1,000,000.00 975,385.00 0.500% October 20, 2020 60 mos October 20, 2025 4.467%Federal Home Loan Bank 999,500.00 975,600.00 0.800% March 17, 2021 60 mos March 10, 2026 4.465% Total Agency Bonds 7,462,937.50 7,497,245.00 33.490%
Treasury Obligations
U.S. Treasury Z-2026 Series 984,728.00 979,609.00 1.100% December 6, 2021 53 mos May 31, 2026 4.399% Total Agency Bonds 979,609.00 984,728.00 4.399%
TOTAL INVESTMENTS $ 22,347,409.41 22,386,835.91 $ 100.000%
Item 8.c.
MEMORANDUM
TO: City Council
FROM: Nicole Valentine, Administrative Services Director SUBJECT: Consideration of a Resolution Approving the Updated CalPERS Required Salary Schedule for Fiscal Year 2021-22 Effective as of January 7, 2022, to Incorporate Changes Approved by the Five Cities Fire Authority Board of Directors
DATE: February 8, 2022
SUMMARY OF ACTION:
Adoption of the proposed Resolution will approve the updated CalPERS required Salary Schedule for Fiscal Year 2021-22, effective as of January 7, 2022, and consistent with salary adjustments approved by the Five Cities Fire Authority (FCFA) Board of Directors (Board).
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no fiscal impact. All changes have been previously approved and incorporated into the FCFA’s Adopted Fiscal Year 2021-22 Operating Budget and into the City’s adopted Biennial Budget for Fiscal Years 2021-23.
RECOMMENDATION:
Adopt a Resolution approving the updated CalPERS required Salary Schedule for Fiscal Year 2021-22 Effective as of January 7, 2022.
BACKGROUND:
In April 2016, CalPERS conducted a standard agency audit of the City’s practices related to financial reporting for pension plans (Governmental Accounting Standards Board (“GASB”) Statement No. 67). As a result of that audit, CalPERS now requires that the City adopt a resolution re-approving any previously approved individual employee groups’ salary schedules into a single City-wide schedule, in a format approved by CalPERS.
The most current salary schedule was approved by the City Council on December 14, 2021, which incorporated increases to the hourly pay rate for certain part-time positions in compliance with the new minimum wage law in California. Additionally, the December 14, 2021 salary schedule reclassified the Neighborhood Services Technician position to Community Services Specialist to support the Community Development Department’s
Item 8.c.
City Council
Consideration of a Resolution Approving the Updated CalPERS Required Salary Schedule for Fiscal Year 2021-22 Effective as of January 7, 2022, to Incorporate Changes Approved by the Five Cities Fire Authority Board of Directors February 8, 2022
needs for recruitment and retention of qualified staff performing elevated job duties in this role.
Since that time, the FCFA Board approved salary adjustments for its staff for Fiscal Year 2021-22. Pursuant to the terms of the Joint Exercise of Powers Agreement that created the FCFA, all FCFA employees are employees of the City of Arroyo Grande. As a result, the City’s Salary Schedule must be amended to incorporate the salary adjustments approved by the FCFA Board.
ANALYSIS OF ISSUES:
The Government Code and California Code of Regulations require the City to maintain a single, duly-approved and adopted pay schedule that identifies the positions for every employee classification. The proposed Resolution adopts a revised salary schedule incorporating adjustments approved by the FCFA Board as follows:
FCFA unrepresented Management employees: The pay schedule reflects the reclassification of the current Administrative Assistant/Clerk to the Board position to the title of Administrative Operations Manager/Clerk to the Board effective as of January 7, 2022 as approved by the FCFA Board on January 21, 2022 by Resolution 2022-01.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the proposed Resolution;
2. Do not adopt the Resolution; or
3. Provide other direction to staff.
ADVANTAGES:
Adoption of the Resolution will ensure that the City is in compliance with the Government Code and California Code of Regulations and will provide one location for the public to see the City-wide schedule.
DISADVANTAGES:
No disadvantages are identified.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2.
Item 8.c.
City Council
Consideration of a Resolution Approving the Updated CalPERS Required Salary Schedule for Fiscal Year 2021-22 Effective as of January 7, 2022, to Incorporate Changes Approved by the Five Cities Fire Authority Board of Directors February 8, 2022
Attachments:
1. Proposed Resolution approving the updated CalPERS required Salary Schedule for Fiscal Year 2021-22, effective as of January 7, 2022
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE APPROVING THE UPDATED
CITYWIDE COMBINED SALARY SCHEDULE
WHEREAS, the City Council of the City of Arroyo Grande (“City”) deems it in the best interest of the City and in order to ensure compliance with State law, that the Citywide Combined Salary Schedule reflects the adjustments recently approved by the Five Cities Fire Authority Board of Directors.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo Grande that:
1. The Citywide Combined Salary Schedule shown in Exhibit “A”, attached hereto and incorporated herein by this reference, is hereby adopted, to be effective as of January 7, 2022.
On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this 8
th day of February, 2022.
RESOLUTION NO.
PAGE 2
CAREN RAY RUSSOM, MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
WHITNEY MCDONALD, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
GROUP: SEIU
Position A B C D E
Office Assistant I Biweekly 1,476.79 1,550.63 1,628.16 1,709.57 1,795.05 Monthly 3,199.71 3,359.70 3,527.69 3,704.07 3,889.27
Annual 38,396.57 40,316.40 42,332.22 44,448.83 46,671.27 Accounting Clerk I Biweekly 1,513.71 1,589.40 1,668.87 1,752.31 1,839.93 Monthly 3,279.71 3,443.69 3,615.88 3,796.67 3,986.50
Annual 39,356.49 41,324.31 43,390.53 45,560.05 47,838.06 Maintenance Worker I Biweekly 1,590.34 1,669.86 1,753.35 1,841.02 1,933.07 Monthly 3,445.74 3,618.03 3,798.93 3,988.88 4,188.32
Annual 41,348.91 43,416.35 45,587.17 47,866.53 50,259.86 Office Assistant II Biweekly 1,630.10 1,711.61 1,797.19 1,887.05 1,981.40 Monthly 3,531.89 3,708.48 3,893.90 4,088.60 4,293.03
Annual 42,382.63 44,501.76 46,726.85 49,063.19 51,516.35 Accounting Clerk II Biweekly 1,755.44 1,843.21 1,935.37 2,032.14 2,133.75 Maintenance Worker II Monthly 3,803.45 3,993.63 4,193.31 4,402.97 4,623.12 Annual 45,641.46 47,923.53 50,319.71 52,835.69 55,477.48 Administrative Secretary Biweekly 1,937.68 2,034.56 2,136.29 2,243.10 2,355.26 Monthly 4,198.30 4,408.22 4,628.63 4,860.06 5,103.06
Annual 50,379.63 52,898.61 55,543.54 58,320.72 61,236.76 Senior Accounting Clerk Biweekly 1,986.12 2,085.43 2,189.70 2,299.18 2,414.14 Building Permit Tech. Monthly 4,303.26 4,518.42 4,744.34 4,981.56 5,230.64 Plan/Engineer Permit Tech Annual 51,639.12 54,221.08 56,932.13 59,778.74 62,767.67 Sports Facility Coord.
Recreation Coordinator
Maintenance Worker III
Water Services Worker Biweekly 2,086.67 2,191.00 2,300.55 2,415.58 2,536.36 Monthly 4,521.11 4,747.17 4,984.53 5,233.75 5,495.44
Annual 54,253.35 56,966.02 59,814.32 62,805.04 65,945.29 Fleet Maint. Coordinator Biweekly 2,192.30 2,301.92 2,417.02 2,537.87 2,664.76 Community Services Specialist Monthly 4,749.99 4,987.49 5,236.87 5,498.71 5,773.65 Annual 56,999.93 59,849.92 62,842.42 65,984.54 69,283.77 Public Works Lead Worker Biweekly 2,247.11 2,359.47 2,477.44 2,601.31 2,731.38 Parks Lead Worker Monthly 4,868.74 5,112.18 5,367.79 5,636.18 5,917.99 Annual 58,424.93 61,346.17 64,413.48 67,634.15 71,015.86
CITY OF ARROYO GRANDE
COMBINED SALARY SCHEDULE
EFFECTIVE 01/07/2022
EXHIBIT A
CITY OF ARROYO GRANDE
COMBINED SALARY SCHEDULE
EFFECTIVE 01/07/2022
Position A B C D E
GIS Technician Biweekly 2,419.89 2,540.89 2,667.93 2,801.33 2,941.40 Monthly 5,243.10 5,505.26 5,780.52 6,069.55 6,373.03
Annual 62,917.25 66,063.12 69,366.27 72,834.59 76,476.32 Recreation Supervisor Biweekly 2,480.39 2,604.41 2,734.63 2,871.36 3,014.93 Streets Maintenance Supervisor Monthly 5,374.18 5,642.89 5,925.04 6,221.29 6,532.35 Parks, Tree & Landscape Supervisor Annual 64,490.19 67,714.70 71,100.43 74,655.45 78,388.22 Utilities/Water & Sewer System Supervisor
Soto Sports Complex Maint. & Coord. Supervisor
Citywide Fleet Coordinator Biweekly 2,542.40 2,669.52 2,803.00 2,943.15 3,090.30 Monthly 5,508.54 5,783.96 6,073.16 6,376.82 6,695.66
Annual 66,102.44 69,407.56 72,877.94 76,521.84 80,347.93 IT Specialist Biweekly 2,671.11 2,804.67 2,944.90 3,092.14 3,246.75 Assistant Engineer Monthly 5,787.41 6,076.78 6,380.62 6,699.65 7,034.63 Engineering Inspector Annual 69,448.88 72,921.32 76,567.39 80,395.76 84,415.54 Program Analyst
Associate Engineer Biweekly 3,022.12 3,173.22 3,331.88 3,498.48 3,673.40 Monthly 6,547.92 6,875.32 7,219.08 7,580.03 7,959.04
Annual 78,575.03 82,503.78 86,628.97 90,960.42 95,508.44 Senior Engineer Biweekly 3,254.49 3,417.21 3,588.07 3,767.48 3,955.85 Monthly 7,051.39 7,403.96 7,774.16 8,162.87 8,571.01
Annual 84,616.71 88,847.55 93,289.93 97,954.42 102,852.14
CITY OF ARROYO GRANDE
COMBINED SALARY SCHEDULE
EFFECTIVE 01/07/2022
GROUP: POA
Position A B C D E
Police Officer Biweekly 2,727.80 2,864.18 3,007.39 3,157.76 3,315.65 Monthly 5,910.22 6,205.73 6,516.02 6,841.82 7,183.91
Annual 70,922.67 74,468.81 78,192.25 82,101.86 86,206.95 Sr. Police Officer Biweekly 3,012.18 3,162.79 3,320.93 3,486.98 3,661.33 Monthly 6,526.40 6,852.72 7,195.35 7,555.12 7,932.88
Annual 78,316.77 82,232.61 86,344.24 90,661.45 95,194.52 Police Sergeant Biweekly 3,491.23 3,665.79 3,849.08 4,041.54 4,243.62 Monthly 7,564.34 7,942.56 8,339.68 8,756.67 9,194.50
Annual 90,772.06 95,310.66 100,076.20 105,080.01 110,334.01 Records Clerk Biweekly 1,900.99 1,996.04 2,095.84 2,200.63 2,310.67 Monthly 4,118.81 4,324.75 4,540.99 4,768.04 5,006.44
Annual 49,425.76 51,897.05 54,491.90 57,216.50 60,077.32 Records/Property Evidence Tech. Biweekly 2,100.21 2,205.23 2,315.49 2,431.26 2,552.82 Monthly 4,550.47 4,777.99 5,016.89 5,267.73 5,531.12
Annual 54,605.58 57,335.86 60,202.65 63,212.79 66,373.43 Police Trainee Biweekly 2,375.99 2,494.78 2,619.52 2,750.50 2,888.02 Monthly 5,147.97 5,405.37 5,675.63 5,959.42 6,257.39
Annual 61,775.61 64,864.39 68,107.61 71,512.99 75,088.64
CITY OF ARROYO GRANDE
COMBINED SALARY SCHEDULE
EFFECTIVE 01/07/2022
GROUP: FCFA IAFF
Position A B C D E
Fire Fighter Biweekly 2,252 2,365 2,483 2,607 2,738
Monthly 4,880 5,124 5,380 5,649 5,932
Annual 58,560 61,488 64,562 67,791 71,180
Fire Engineer Biweekly 2,612 2,742 2,880 3,024 3,175
Monthly 5,659 5,942 6,239 6,551 6,879
Annual 67,908 71,303 74,869 78,612 82,543
Fire Captain Biweekly 3,105 3,260 3,423 3,594 3,774
Monthly 6,727 7,063 7,417 7,787 8,177
Annual 80,724 84,760 88,998 93,448 98,121
GROUP: FCFA MANAGEMENT
Position LOW MID HIGH
Administrative Operations Manager/ Biweekly 3,162 3,504 3,845 Clerk to the Board Monthly 6,851 7,591 8,331
Annual 82,212 91,092 99,972
Battalion Chief Biweekly 4,679 5,184 5,688
Monthly 10,138 11,232 12,325
Annual 121,659 134,780 147,900
Fire Chief Biweekly 5,428 6,014 6,600
Monthly 11,761 13,031 14,301
Annual 141,126 156,366 171,606
CITY OF ARROYO GRANDE
COMBINED SALARY SCHEDULE
EFFECTIVE 01/07/2022
GROUP: MANAGEMENT
Position LOW MID HIGH
Office Assistant I Biweekly 1,507.38 1,670.08 1,670.08
Monthly 3,266.00 3,618.50 3,618.50
Annual 39,192.00 43,422.00 43,422.00
Office Assistant II Biweekly 1,663.38 1,843.62 2,023.85 Monthly 3,604.00 3,994.50 4,385.00
Annual 43,248.00 47,934.00 52,620.00
Administrative Secretary Biweekly 1,929.69 2,137.62 2,345.54 Monthly 4,181.00 4,631.50 5,082.00
Annual 50,172.00 55,578.00 60,984.00
Executive Secretary Biweekly 2,183.08 2,419.15 2,655.23 Monthly 4,730.00 5,241.50 5,753.00
Annual 56,760.00 62,898.00 69,036.00
Assistant Planner Biweekly 2,410.15 2,670.46 2,930.77
Monthly 5,222.00 5,786.00 6,350.00
Annual 62,664.00 69,432.00 76,200.00
Associate Planner Biweekly 2,659.85 2,947.38 3,234.92
Deputy City Clerk/ Monthly 5,763.00 6,386.00 7,009.00
Communications Coordinator Annual 69,156.00 76,632.00 84,108.00 Planning Manager Biweekly 3,162.00 3,503.54 3,845.08
Accounting Manager Monthly 6,851.00 7,591.00 8,331.00
Annual 82,212.00 91,092.00 99,972.00
Public Works Manager Biweekly 3,406.15 3,773.31 4,140.46 Utilities Manager Monthly 7,380.00 8,175.50 8,971.00
Annual 88,560.00 98,106.00 107,652.00
Information Technology Mgr Biweekly 3,489.69 3,866.31 4,242.92 Monthly 7,561.00 8,377.00 9,193.00
Annual 90,732.00 100,524.00 110,316.00
CITY OF ARROYO GRANDE
COMBINED SALARY SCHEDULE
EFFECTIVE 01/07/2022
Position LOW MID HIGH
Capital Improvement Projects Biweekly 3,577.38 3,963.46 4,349.54 Manager Monthly 7,751.00 8,587.50 9,424.00
Annual 93,012.00 103,050.00 113,088.00
Human Resources Officer Biweekly 3,667.38 4,062.92 4,458.46 Dir of Legis and Info Services Monthly 7,946.00 8,803.00 9,660.00 Dir of Recreation Services Annual 95,352.00 105,636.00 115,920.00 Building Official Biweekly 3,758.31 4,164.46 4,570.62
Monthly 8,143.00 9,023.00 9,903.00
Annual 97,716.00 108,276.00 118,836.00
Police Commander Biweekly 4,274.31 4,735.62 5,196.92
Monthly 9,261.00 10,260.50 11,260.00
Annual 111,132.00 123,126.00 135,120.00
City Engineer Biweekly 4,578.46 5,073.69 5,568.92
Monthly 9,920.00 10,993.00 12,066.00
Annual 119,040.00 131,916.00 144,792.00
Director of Public Works Biweekly 5,053.85 5,599.62 6,145.38 Dir of Administrative Services Monthly 10,950.00 12,132.50 13,315.00 Dir of Community Develop Annual 131,400.00 145,590.00 159,780.00 Police Chief Biweekly 5,469.69 6,060.46 6,651.23
Monthly 11,851.00 13,131.00 14,411.00
Annual 142,212.00 157,572.00 172,932.00
Assistant City Manager/Public Biweekly 6,090.46 6,747.46 7,404.46 Works Director Monthly 13,196.00 14,619.50 16,043.00
Annual 158,352.00 175,434.00 192,516.00
City Manager Biweekly 7,561.38
Monthly 16,383.00
Annual 196,596.00
CITY OF ARROYO GRANDE
COMBINED SALARY SCHEDULE
EFFECTIVE 01/07/2022
GROUP: PART-TIME POSITIONS
POLICE DEPARTMENT Step A Step B Step C Step D
Administrative Intern (Cadet) $15.75 $16.54 $17.37 $18.24 Records Clerk $20.20 $21.21 $22.27 $23.39
Fleet & Equipment Technician $24.41 $25.63 $26.91 $28.25 Neighborhood Services Technician $21.78 $22.87 $24.01 $25.21 Training Technician $24.41 $25.63 $26.91 $28.25
Police Reserve Officer Trainee $23.29 $24.45 $25.67 $26.96 Police Reserve Officer $26.74 $28.08 $29.49 $30.96
Designated Level I Reserve Officer $33.43 $35.10 $36.86 $38.70
RECREATION SERVICES DEPARTMENT
AM/PM Assistant I $15.00 $15.21 $15.98 $16.77
AM/PM Assistant II $15.94 $16.74 $17.57 $18.45
AM/PM Assistant Teacher $17.53 $18.41 $19.33 $20.30
AM/PM Teacher $19.28 $20.25 $21.26 $22.32
Pre School Teacher $19.28 $20.25 $21.26 $22.32
Facility Attendant $15.00 $15.21 $15.98 $16.77
Senior Facility Attendant $15.94 $16.74 $17.57 $18.45
Sports Facility Attendant $15.00 $15.21 $15.98 $16.77
Volunteer and Program Coordinator $24.62 $25.85 $27.15 $28.50
MISCELLANEOUS
Administrative Intern $15.75 $16.54 $17.37 $18.24
Office Assistant I $16.42 $17.24 $18.10 $19.00
Office Assistant II $19.19 $20.15 $21.16 $22.21
Sr. Office Assistant $20.20 $21.21 $22.27 $23.39
Administrative Secretary $23.08 $24.23 $25.45 $26.72
Executive Secretary $27.29 $28.66 $30.09 $31.60
Building Permit Technician $24.77 $26.01 $27.31 $28.67
Assistant Engineer $30.23 $31.74 $33.33 $35.00
Associate Engineer $33.25 $34.92 $36.66 $38.50
Planning Technician $24.77 $26.01 $27.31 $28.67
Assistant Planner $28.82 $30.27 $31.78 $33.37
Associate Planner $31.18 $32.74 $34.38 $36.10
Custodian $16.75 $17.58 $18.46 $19.39
Maintenance Worker $16.75 $17.58 $18.46 $19.39
Student Intern (seasonal) $15.00
FIVE CITIES FIRE AUTHORITY
Office Assistant II $18.17 $18.71 $20.02 $21.03
Reserve Firefighter $15.00 $16.00 $17.00
HOURLY RATE
Item 8.d.
MEMORANDUM
TO: City Council
FROM: Whitney McDonald, City Manager
Timothy J. Carmel, City Attorney
SUBJECT: Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the Coronavirus (COVID-19) Pandemic DATE: February 8, 2022
SUMMARY OF ACTION:
Adoption of the Resolution will continue the declared local emergency related to the COVID-19 pandemic.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There are no direct fiscal impacts related to the proposed action; however, adoption of the Resolution will facilitate the ability for the City to request resources including financial support and reimbursement from the State Office of Emergency Services and the Federal Emergency Management Agency for costs incurred in preparation and/or response to the COVID-19 pandemic.
RECOMMENDATION:
Adopt a Resolution declaring a continued local emergency related to the Coronavirus (COVID-19) pandemic.
BACKGROUND:
As the City Council is aware, in accordance with Section 8.12.060 of the Arroyo Grande Municipal Code, the former City Manager, in his capacity as the Director of Emergency Services, proclaimed a local emergency on March 16, 2020, regarding the COVID-19 pandemic. The City Council ratified the proclamation at its regular meeting on March 24, 2020, and adopted resolutions declaring a continued local emergency since that time as the pandemic has persisted.
ANALYSIS OF ISSUES:
Arroyo Grande Municipal Code Section 8.12.065(C) provides that the City Council is to “Review the need for a continuing emergency declaration at regularly scheduled meetings at least every twenty-one (21) days until the emergency is terminated.” Accordingly, the City Council has adopted the appropriate Resolutions declaring a continued local
Item 8.d.
City Council
Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the Coronavirus (COVID-19) Pandemic February 8, 2022
emergency related to the coronavirus (COVID-19) pandemic within the required 21-day time period since the ratification of the proclamation at its March 24, 2020 meeting.
This item is being presented to the City Council to satisfy the requirements of Section
8.12.065(C). Given the ongoing state of emergency proclaimed by the Governor, the ongoing public health orders issued by the State and local public health officers, and the ongoing work required of City staff to respond to the pandemic and these proclamations and orders, it is recommended that the City Council adopt the Resolution declaring the need to continue the emergency declaration.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the Resolution declaring the need to continue the declared local emergency; or
2. Provide other direction to staff.
ADVANTAGES:
Adoption of the Resolution will satisfy the requirement of the Arroyo Grande Municipal Code regarding the periodic review of the declared local emergency related to the COVID19 pandemic.
DISADVANTAGES:
No disadvantages have been identified to adopting the Resolution.
ENVIRONMENTAL REVIEW:
Not required.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2.
Attachment:
1. Proposed Resolution
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DECLARING A CONTINUED LOCAL
EMERGENCY RELATED TO THE CORONAVIRUS (COVID19) PANDEMIC WHEREAS, in accordance with Section 8.12.060 of the Arroyo Grande Municipal Code the former City Manager, in his capacity as the Director of Emergency Services proclaimed a local emergency on March 17, 2020, regarding the COVID-19 pandemic; and
WHEREAS, the City Council ratified the emergency proclamation through adoption of Resolution No. 4974 at its regular meeting on March 24, 2020; and WHEREAS, Arroyo Grande Municipal Code Section 8.12.065(C) provides that the City Council is to review the need for a continuing emergency declaration at regularly scheduled meetings at least every twenty-one (21) days until the emergency is terminated; and
WHEREAS, the City Council has adopted Resolutions declaring a continued local emergency related to the coronavirus (COVID-19) pandemic on April 14, April 28, May 12, May 26, June 9, June 23, July 14, August 11, August 25, September 8, September 22, October 13, October 27, November 10, November 24, December 8, 2020, January 12, January 26, February 9; February 23; March 9, March 23, April 13, April 27, May 11, May 25, June 8, June 22, July 27, August 10, August 24, September 14, September 28, October 12, October 26, November 9, November 23, December 14, 2021, January 11, and January 25, 2022; and
WHEREAS, the Secretary of Health and Human Services Director issued a Determination that a Public Health Emergency Exists and has existed as of January 27, 2020; and WHEREAS, the President of the United States declared a State of National Emergency; the Governor of the State of California has proclaimed a State of Emergency for the State of California and issued Executive Orders and direction regarding measures to mitigate the spread of cases of COVID-19 within the State of California; the San Luis Obispo County Emergency Services Director has proclaimed a local emergency; and the San Luis Obispo County Public Health Director has declared a public health emergency related to the spread of cases of COVID-19 within the State of California and all recitals set forth therein, are included as though fully set forth herein; and WHEREAS, the COVID-19 pandemic continues to spread rapidly worldwide and in the U.S., continuing to present an immediate and significant risk to public health and safety, and resulting in serious illness or death to vulnerable populations, including the elderly and those with underlying health conditions.
RESOLUTION NO.
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande that:
1. All recitals set forth above, are true, correct and incorporated herein.
2. A local emergency is declared to continue to exist throughout the City of Arroyo Grande, and the City has been undertaking, and will continue through termination of this emergency to undertake necessary measures and incur necessary costs, which are directly related to the prevention of the spread of COVID-19 and are taken in furtherance of: the Secretary of Health and Human Services’ determination that a public health emergency has existed since January 27, 2020; the Governor’s Proclamation of a State of Emergency on March 4, 2020; the President of the United States’ Declaration of a National Emergency on March 13, 2020; the County Emergency Services Director’s Proclamation of Local Emergency and the County Public Health Director’s Declaration of a Public Health Emergency on March 13, 2020; and the City Director of Emergency Services’ Proclamation of Local Emergency on March 17, 2020; and related orders and directives.
On motion of Council Member _______________________, seconded by Council Member _______________________, and by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
The foregoing Resolution was approved this 8
th day of February, 2022.
RESOLUTION NO.
PAGE 3
______________________________________
CAREN RAY RUSSOM, MAYOR
ATTEST:
_______________________________________
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
______________________________________
WHITNEY MCDONALD, CITY MANAGER
APPROVED AS TO FORM:
_____________________________________
TIMOTHY J. CARMEL, CITY ATTORNEY
1 Item 8.e.
ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
January 25, 2022, 6:00 p.m.
Zoom Virtual Meeting
Webinar ID: 832 5584 8846
ByTelephone: 1-669-900-6833; 1-346-248-7799
Council Members Present: Mayor Ray Russom, Mayor Pro Tem George, Council Member Barneich, Council Member
Storton, Council Member Paulding
Council Members Absent: Brian Pedrotti, Patrick Holub
Staff Present: City Clerk Jessica Matson, City Attorney Timothy Carmel, City Manager Whitney
McDonald, Assistant City Manager/Public
Works Director Bill Robeson, Administrative
Services Director Nicole Valentine
Given the recent increase in COVID-19 cases in San Luis Obispo County, and in compliance with Assembly Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph M.
Brown Act, this meeting was held by teleconference.
_____________________________________________________________________
1. CALL TO ORDER
Mayor Ray Russom called the Regular City Council Meeting to order at 6:00 p.m.
2. ROLL CALL
City Clerk Matson took roll call.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Mayor Ray Russom led the flag salute.
5. AGENDA REVIEW
5.a Closed Session Announcements
None.
2 Item 8.e.
5.b Ordinances read in title only
None.
6. SPECIAL PRESENTATIONS
6.a Update Regarding Countywide COVID-19 Efforts
City Manager McDonald provided a brief update on COVID-19 and highlighted the recent COVID-19 County press release regarding case numbers.
Mayor Ray Russom invited public comment. No public comments were received.
No action was taken on this item.
6.b City Manager Communications
City Manager McDonald discussed upcoming items for Council consideration, and highlighted a new app designed by CalPoly in collaboration with San Luis Obispo County to help prevent opioid overdose deaths.
Mayor Ray Russom invited public comment. No public comments were received.
No action was taken on this item.
6.c Honorary Proclamation Declaring February 2022 Black History Month Mayor Ray Russom read the Honorary Proclamation Declaring February 2022 as Black History Month. Courtney Haile, RACE Matters, accepted the proclamation.
Mayor Ray Russom invited public comment. Speaking from the public was Preston Allen. No further public comments were received.
No action was taken on this item.
7. COMMUNITY COMMENTS AND SUGGESTIONS
Mayor Ray Russom invited public comment. No public comments were received.
8. CONSENT AGENDA
Mayor Ray Russom asked the Council if there were any questions or any items to be pulled from the consent agenda for further discussion.
City Manager McDonald acknowledged the Supplemental Staff Report for Item 8.h. and highlighted the revised recommended action.
Mayor Ray Russom invited public comment. No public comments were received.
Moved by Council Member Paulding
Seconded by Council Member Barneich
Approve Consent Agenda Items 8.a. through 8.i., with the recommended courses of action.
3 Item 8.e.
AYES (5): Mayor Ray Russom, Mayor Pro Tem George, Council Member Barneich, Council Member Storton, and Council Member Paulding
Passed (5 to 0)
8.a Consideration of Cash Disbursement Ratification
Ratified the listing of cash disbursements for the period of December 16 through December 31, 2021.
8.b Consideration of Approval of Annual Adjustment of Development Impact Fees Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADJUSTING DEVELOPMENT IMPACT FEES BY THE CHANGE IN THE ENGINEERING NEWS RECORD CONSTRUCTION COST INDEX".
8.c Consideration of Adjustment of Sewer Connection Fees Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADJUSTING SEWER CONNECTION FEES BY THE CHANGE IN THE ENGINEERING NEWS RECORD CONSTRUCTION COST INDEX".
8.d Adoption of a Resolution Declaring a Continued Local Emergency Related to the Coronavirus (COVID-19) Pandemic
Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DECLARING A CONTINUED LOCAL EMERGENCY RELATED TO THE CORONAVIRUS (COVID-19) PANDEMIC".
8.e Consideration of a Resolution Authorizing the Continuance of Remote Teleconference Meetings of the Legislative Bodies of the City of Arroyo Grande Pursuant to Government Code Section 54953(e)(3)
Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AUTHORIZING THE CONTINUANCE OF REMOTE TELECONFERENCE
MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF ARROYO GRANDE PURSUANT GOVERNMENT CODE SECTION 54953(e)".
8.f Consideration of Approval of Minutes
Approved the minutes of the Special and Regular City Council Meetings of January 11, 2022, as submitted.
8.g Consideration of Adoption of a Resolution Pursuant to Public Contract Code Section 22050 Determining to Continue Work Under Emergency Contracts for the Storm Drain System at 251 East Grand Avenue Project, PW 2021-12
Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DETERMINING A NEED TO CONTINUE WORK UNDER EMERGENCY CONTRACTS TO REPAIR THE STORM DRAIN SYSTEM AT 251 EAST GRAND AVENUE".
8.i Calendar Year 2021 Water Supply and Demand Update
4 Item 8.e.
Received and filed the Calendar Year 2021 Water Supply and Demand Report.
8. h. Consideration of a Resolution Authorizing the Public Works Director to Submit an Application for the CalRecycle/SB 1383 Local Assistance Grant Program 1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AUTHORIZING SUBMITTAL OF APPLICATION FOR FUNDING FROM THE CALRECYCLE SB 1383 LOCAL ASSISTANCE GRANT PROGRAM"; and 2) Authorized the City Manager to execute a grant agreement with the IWMA, subject to the review and approval of the City Attorney, enabling the City to obtain from the IWMA its non-competitive share of Grant Program funds currently estimated at $24,046 for projects authorized under the Grant Program.
9. PUBLIC HEARINGS
9.a Appeal Case 21-006; Appeal of Planning Commission Approval of Minor Use Permit-Plot Plan Review 21-033 for the Establishment of a Vacation Rental; Location; 263 Spruce St, Unit D; Appellant – Sharon Valienzi
Community Development Director Pedrotti introduced the item and Patrick Holub, Assistant Planner, provided a presentation. Staff responded to questions from Council.
Sharon Valienzi, Appellant, addressed the Council and responded to questions.
Ken Steitz, Applicant, and Dirk Poeschel, addressed the Council and responded to questions.
Mayor Ray Russom opened the public hearing. Speaking from the public were Alex Hughson, Laura, Paul Erb, and Jason Motter. Upon hearing no further public comments, Mayor Ray Russom closed the public hearing.
Council comments ensued regarding driveway/garage parking, and a possible three month trial period.
City Attorney Carmel read into the record additional conditions of approval to be included in Exhibit A of the Resolution as follows:
16. Guests leasing the vacation rental will be required to use the interior of the garage as parking.
17. Parking of vehicles in the driveway other than in the designated guest parking space is prohibited. The applicant shall place signage in two (2) conspicuous places on the property with that wording.
18. Conditions 16 and 17 referenced above, will be incorporated in any applicable lease agreement and house rules and on the listing of the vacation rental for the short-term vacation rental.
Mayor Ray Russom moved to deny Appeal Case No. 21-006 and approve Plot Plan Review 21- 033. Council Member Barneich seconded the motion adding conditions to include "quiet time" in the listing and signage posted inside the house with specific times identified, and requiring
5 Item 8.e.
wording to reflect that the deposit may be at risk if rules are not followed. Mayor Ray Russom stated that she is not willing to amend her motion.
Council Member Barneich withdrew her second.
Council Member Storton seconded Mayor Ray Russom's original motion.
Moved by Mayor Ray Russom
Seconded by Council Member Storton
Adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DENYING APPEAL CASE NO. 21-006 AND APPROVING PLOT PLAN REVIEW CASE NO. 21-033; LOCATED AT 263-D SPRUCE STREET; APPLIED FOR BY KEN STEITZ; APPEALED BY SHARON VALIENZI," with the addition of Special Condition No.'s 16, 17, and 18 to Exhibit A of the Resolution.
AYES (3): Mayor Ray Russom, Council Member Storton, and Council Member Paulding NOES (2): Mayor Pro Tem George, and Council Member Barneich Passed (3 to 2)
10. OLD BUSINESS
10.a Consideration of Approval of a Cost Sharing Agreement with the Cities of Grover Beach and Pismo Beach for the CCB Project and Resolution Authorizing an Application to the State Water Resources Control Board for a State Revolving Fund Loan for the Project Mayor Ray Russom called for a brief break at 9:04 p.m. The Council reconvened at 9:15 p.m.
City Manager McDonald presented the staff report and recommended that the Council: 1) Consider and authorize the City Manager to execute a Cost Sharing Agreement for the Central Coast Blue project; and 2) Consider and approve the proposed Resolution authorizing the City Manager to apply for financial assistance from CWSRF administered by the State Water Board for the City’s share of anticipated construction costs for the Project. Staff responded to questions from Council.
Mayor Ray Russom invited public comment. Speaking from the public was Manley McNinch. No further public comments were received.
Council Member Paulding suggested that the agreement include a provision that was in the CCB project framework stating: "at least one public meeting will be held prior to procurement to discuss methods for implementing local hire provisions including discussions of various agreements".
Council discussion ensued.
Moved by Council Member Storton
Seconded by Council Member Barneich
Approve and authorize the City Manager to execute a Cost Sharing Agreement for the Central Coast Blue project.
6 Item 8.e.
AYES (5): Mayor Ray Russom, Mayor Pro Tem George, Council Member Barneich, Council Member Storton, and Council Member Paulding
Passed (5 to 0)
Moved by Council Member Storton
Seconded by Council Member Barneich
Adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AUTHORIZING THE APPLICATION FOR FINANCIAL ASSISTANCE
FROM THE STATE WATER RESOURCES CONTROL BOARD FOR CLEAN WATER STATE
REVOLVING FUND ASSISTANCE FOR THE CENTRAL COAST BLUE PROJECT AND DESIGNATING THE CITY’S AUTHORIZED REPRESENTATIVE".
AYES (5): Mayor Ray Russom, Mayor Pro Tem George, Council Member Barneich, Council Member Storton, and Council Member Paulding
Passed (5 to 0)
11. NEW BUSINESS
11.a Consideration of Project Update and Approval of the Local Road Safety Plan (LRSP) Community Development Director Pedrotti introduced the item and Kathryn Kleinschmidt, GHD, provided a presentation on the LRSP process and guiding principles. Staff responded to questions from Council.
Mayor Ray Russom invited public comment. No public comments were received.
Moved by Council Member Paulding
Seconded by Mayor Pro Tem George
Receive the project update and adopt a Resolution entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING THE LOCAL ROADS SAFETY PLAN (LRSP)."
AYES (5): Mayor Ray Russom, Mayor Pro Tem George, Council Member Barneich, Council Member Storton, and Council Member Paulding
Passed (5 to 0)
12. CITY COUNCIL REPORTS
The City Council provided brief reports from the following committee, commission, board, or other subcommittee meetings that they attended as the City’s appointed representative.
12.a MAYOR RAY RUSSOM:
1. California Joint Powers Insurance Authority (CJPIA)
2. Central Coast Community Energy (CCCE)
7 Item 8.e.
3. City Selection Committee
4. South San Luis Obispo Sanitation District
5. Tourism Business Improvement District Board
6. Other
12.b MAYOR PRO TEM GEORGE:
1. Community Action Partnership SLO County
2. County Water Resource Advisory Committee
3. Visit SLO CAL Advisory Board
4. Other
12.c COUNCIL MEMBER BARNEICH:
1. Audit Committee
2. Homeless Services Oversight Council (HSOC)
3. Zone 3 Water Advisory Board
4. Other
At 10:52 p.m., Mayor Ray Russom stated that pursuant to Council policy, the Council must vote unanimously to continue the meeting past 11:00 p.m.
Moved by Mayor Ray Russom
Seconded by Council Member Storton
It was moved to continue the meeting to 11:06 p.m.
AYES (5): Mayor Ray Russom, Mayor Pro Tem George, Council Member Barneich, Council Member Storton, and Council Member Paulding
Passed (5 to 0)
12.d COUNCIL MEMBER STORTON:
1. Brisco/Halcyon Interchange Subcommittee
2. Five Cities Fire Authority (FCFA)
3. Governmental Affairs Committee
4. Integrated Waste Management Authority Board (IWMA)
5. Other
12.e COUNCIL MEMBER PAULDING:
1. Air Pollution Control District
8 Item 8.e.
2. Brisco/Halcyon Interchange Subcommittee
3. SLOCOG/RTA
4. REACH SLO Advisory Commission
5. Other
13. COUNCIL COMMUNICATIONS
Council Member Storton requested staff help coordinate Council attendance at the Arroyo Grande Chamber Business meeting.
Mayor Ray Russom commented on the recent tragic passing of an Arroyo Grande teen and mentioned the GoFundMe campaign where donations can be made to help the family with funeral expenses.
14. CLOSED SESSION
None.
15. ADJOURNMENT
There being no further business to come before the City Council, Mayor Ray Russom adjourned the meeting at 11:06 p.m. in honor of Tyler Marie.
_________________________
Caren Ray Russom, Mayor
_________________________
Jessica Matson, City Clerk
Item 8.f.
MEMORANDUM
TO: City Council
FROM: Bill Robeson, Assistant City Manager/Public Works Director BY: Jill McPeek, Capital Improvement Project Manager
SUBJECT: Consideration of a Resolution Determining to Continue Work Under Emergency Contracts and an Amendment to the FY 2021-22 CIP Budget Transferring $115,800 from ARPA funds for the Storm Drain System at 251 E Grand Ave, PW 2021-12
DATE: February 8, 2022
SUMMARY OF ACTION:
Adoption of a Resolution by the required four-fifths vote and approval of an amendment to the Fiscal Year 2021-22 Capital Improvement Program (CIP) budget transferring $115,800 from American Rescue Plan Act (ARPA) Funding will allow for the continuance of emergency repairs to the storm drain system at 251 East Grand Avenue.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The FY 2021-22 Capital Improvement Program (CIP) budget includes $410,000 of ARPA funds for emergency repair of the Storm Drain System at 251 East Grand Avenue Project.
It is estimated than an additional appropriation of $115,800 from ARPA Funds is needed to fully fund the project due to unanticipated concrete obstructions encountered during the underground/boring phase of the project. Staff time has been and will continue to be necessary to coordinate construction activities with the property owners, consultant engineer, and contractors.
RECOMMENDATION:
It is recommended the City Council: 1) Adopt a Resolution finding that there is a need to continue the emergency action for the storm drain system repairs at 251 East Grand Avenue in accordance with Public Contract Code Section 22050; and 2) Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program budget to add $115,800 of American Rescue Plan Act (ARPA) funds for the Storm Drain System at 251 East Grand Avenue, PW 2021-12.
BACKGROUND:
Public Contract Code (PCC) Section 22050 allows a public agency, in the case of an emergency, to repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and
Item 8.f.
City Council
Consideration of a Resolution Determining to Continue Work Under Emergency Contracts and an Amendment to the FY 2021-22 CIP Budget Transferring $115,800 from ARPA funds for the Storm Drain System at 251 E Grand Ave, PW 2021-12 February 8, 2022
supplies for those purposes without going through a formal bid process. On November 9, 2021, the Council adopted Resolution No. 5124 declaring an emergency and authorizing the immediate expenditure of funds to repair the storm drain system located at 251 East Grand Avenue, which had failed following a storm that occurred in October 2021. The urgency for the repairs is to prevent storm water from entering the deteriorating corrugated metal pipe (CMP) which undermines the soil surrounding the CMP and causes voids under the pavement leading to surface depressions and eventually sink holes.
PCC Section 22050 requires that after proceeding with an emergency project, the City Council shall review the emergency action at its next regularly scheduled meeting and at every regularly scheduled meeting thereafter until the emergency action is terminated, and if it is determined that there is a need to continue the action, authorize continuation of the emergency action by a four-fifths vote. On January 25, 2022, the Council adopted Resolution No. 5147 determining a need to continue work under emergency contracts to repair the storm drain system at 251 East Grand Avenue.
ANALYSIS OF ISSUES:
Since the January 25, 2022 City Council meeting, the status of the project, as of February 1, 2022, is as follows:
The design engineer evaluated and provided direction regarding a second obstruction within the path of the boring;
California Auger Boring completed the installation of the new 36” storm drain pipe which included critical additional work at the standby/extra work rate to move through two obstructions;
CalPortland began removal of the bore pit trench boxes; and Staff continued research regarding costs and timing of lining the new storm drain pipe.
As of February 1, 2022, the project costs are estimated as follows, including expended plus anticipated costs:
Plug and fill existing CMP storm drain $ 47,200
Installation of new storm drain pipe 336,300
Extra work due to new storm drain obstructions 102,600
Site restoration, fencing & barricade rental 15,600
Before/after testing of fuel lines 2,800
Consultant services – design, construction, testing 21,300 Total $ 525,800
Item 8.f.
City Council
Consideration of a Resolution Determining to Continue Work Under Emergency Contracts and an Amendment to the FY 2021-22 CIP Budget Transferring $115,800 from ARPA funds for the Storm Drain System at 251 E Grand Ave, PW 2021-12 February 8, 2022
During boring operations, the contractor encountered two buried concrete obstructions at 9 feet under the grade level. Based on drawings obtained from the City’s files for the property, it was determined that the obstructions were part of the footings for the service station canopy that were constructed deeper than the design depth shown on the original construction plans and/or represented over-pour of concrete when the footings were constructed. Following consultation with a structural engineer, it was determined that boring could proceed through the excess material to allow the new storm drain pipe to remain within the existing storm drain easement and to salvage about 70 feet of the new storm drain pipe installed at that point. In order to complete this work, hand removal of the excess material over the course of eleven days was required, which was extremely labor intensive and performed at the standby/extra work rate contained in California Auger Boring’s contract.
The other option identified, but not pursued, was to move the alignment of the new storm drain pipe a few feet away from the footings. This would have required the execution of a new storm drain easement, abandonment of the new storm drain pipe installed to date, relocation of the bore pit, and the purchasing, remobilization and installation of all new storm drain pipe. Besides the potential costs, this option was the least desirable for several reasons, including difficulty in locating additional pipe due to supply chain shortages, the possibility of additional rain events occurring before the additional work could be completed, and the navigation and avoidance of the complex network of piping, fuel tanks, monitoring wells, and above and below ground structural components in the service station area.
With the failed CMP being filled, the potential for directed storm water flow into the failed CMP and surrounding voids no longer exists and storm water will now enter the new permanent storm drain pipe. However, prompt actions still required to complete the project and ensure protection of the new storm drain pipe include lining of the new pipe, construction of headwalls at the inlet and outlet, and site restoration. For these reasons, staff recommends continuing the emergency action.
As required by statute, staff will continue to bring a similar item to the Council on all subsequent regular meeting agendas until all emergency repairs have been completed and the emergency action is terminated by the Council. Staff will continue to work with the contractors and design engineer to complete the emergency repairs.
Budget Adjustment Request
Staff is recommending the additional funds for this project be funded by reallocating ARPA funds from two other stormwater projects. Currently all ARPA Fund have been allocated to COVID-related City expenditures, Infrastructure Projects, and Qualified ARPA Projects (non-infrastructure). Within the ARPA-funded Infrastructure Projects, six
Item 8.f.
City Council
Consideration of a Resolution Determining to Continue Work Under Emergency Contracts and an Amendment to the FY 2021-22 CIP Budget Transferring $115,800 from ARPA funds for the Storm Drain System at 251 E Grand Ave, PW 2021-12 February 8, 2022
stormwater projects have been identified to date, including the $410,000 for the Storm Drain System at 251 East Grand Avenue Project. The Table below identifies the six Stormwater Projects that have been allocated ARPA funding:
Under applicable US Treasury Rules, the City must commit ARPA funds by way of contract/PO by December 31, 2024, and must spend its funding by December 31, 2026.
In light of these deadlines and the status of the at 251 East Grand Avenue Project, the recommendation is to reallocate a portion of the ARPA funds from the Stormwater Master Plan Update/Watershed Management Plan and the Corp Yard Stormwater Compliance Plan Implementation. The Stormwater Master Plan Update/Watershed Management Plan is currently budgeted to cost $172,500; this reallocation will reduce ARPA funding for the Plan by $55,800, bringing the updated allocation of ARPA funds to $116,700. The Corp Yard Stormwater Compliance Plan Implementation reallocation would remove all $60,000 of ARPA funding for this project. These projects are still needed and will be included in the Mid-Year Budget Financial Status Report with a recommended updated budget allocation from the City’s Local Sales Tax Fund. The updated proposed ARPA Stormwater Infrastructure Project allocation is reflected in the table below:
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Approve staff’s recommendations;
2. Do not approve staff’s recommendations and direct staff to prepare a Resolution to terminate the need to continue work under emergency action; or
3. Direct staff to utilize Local Sales Tax Fund Balance to fund the completion of this Stormwater Infrastructure Projects
Corrugated Metal Pipe (CMP) Lining 500,000
Storm Drain System at 251 East Grand Avenue (Chevron Station) 410,000 Oak Park Boulevard/El Camino Real Storm Drain System 400,000 Trash Capture Devices 214,000
Stormwater Master Plan Update/Watershed Management Plan 172,500 Stormwater GIS Layer (incorporate into the Stormwater Master Plan Update) 50,000 Corp Yard Stormwater Compliance Plan Implementation 60,000 1,806,500
Stormwater Infrastructure Projects
Corrugated Metal Pipe (CMP) Lining 500,000
Storm Drain System at 251 East Grand Avenue (Chevron Station) 525,800 Oak Park Boulevard/El Camino Real Storm Drain System 400,000 Trash Capture Devices 214,000
Stormwater Master Plan Update/Watershed Management Plan 116,700 Stormwater GIS Layer (incorporate into the Stormwater Master Plan Update) 50,000 Corp Yard Stormwater Compliance Plan Implementation -
1,806,500
Item 8.f.
City Council
Consideration of a Resolution Determining to Continue Work Under Emergency Contracts and an Amendment to the FY 2021-22 CIP Budget Transferring $115,800 from ARPA funds for the Storm Drain System at 251 E Grand Ave, PW 2021-12 February 8, 2022
project and approve the modified budget adjustment accordingly;
4. Provide other direction to staff.
ADVANTAGES:
Adoption of the Resolution and approval of the budget amendment will allow for the continuance of emergency repairs to the storm drain system at 251 East Grand Avenue and will eliminate a serious threat to public health and safety and minimize disruptions to the Chevron station’s operations. Additionally, the budget adjustment of $115,800 from ARPA Funding will ensure that the City spends the ARPA allocation within the allotted timeframe.
DISADVANTAGES:
An appropriation of ARPA funds to this project will remove $115,800 in available funding for other potential projects.
ENVIRONMENTAL REVIEW:
This emergency project is exempt from the requirements of CEQA under Section 15269. (b). Emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety or welfare.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2.
ATTACHMENT:
1. Proposed Resolution
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DETERMINING A NEED TO
CONTINUE WORK UNDER EMERGENCY CONTRACTS
TO REPAIR THE STORM DRAIN SYSTEM AT 251 EAST
GRAND AVENUE
WHEREAS, on November 9, 2021, pursuant to Public Contract Code (PCC) Sections 20168 and 22050, the City Council deemed it was in the public interest to immediately authorize the expenditure of City funds needed to safeguard the health, safety and welfare and to proceed immediately with emergency repairs of the storm drain system at 251 East Grand Avenue; and
WHEREAS, on November 9, 2021, the City Council deemed that the emergency repairs would not permit a delay resulting from a competitive solicitation for bids and that prompt action, including authorization to expend all funds required for such repairs without competitive bidding, was necessary to respond to the emergency; and WHEREAS, on November 9, 2021, the City Council adopted Resolution No. 5124 declaring an emergency and authorizing the immediate expenditure of funds to repair the storm drain system at 251 East Grand Avenue; and
WHEREAS, PCC Section 22050 requires that after proceeding with an emergency project, the City Council shall review the emergency action at its next regularly scheduled meeting and at every regularly scheduled meeting thereafter until the emergency action is terminated; and
WHEREAS, on November 23, 2021, the City Council adopted Resolution No. 5130; on December 14, 2021, the City Council adopted Resolution No. 5137; on January 11, 2022, the City Council adopted Resolution No. 5140 and on January 25, 2022, the City Council adopted Resolution No. 5147 determining a need to continue work under emergency contracts to repair the storm drain system at 251 East Grand Avenue; and WHEREAS, if it is determined that there is a need to continue the action, PCC Section 22050 requires a four-fifths vote to authorize the continuation of the emergency action.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande that the storm drain system emergency declared by the City Council on November 9, 2021, shall be deemed to continue.
BE IT FURTHER RESOLVED, that the storm drain system emergency shall be deemed to continue to exist until its termination is declared by the City Council.
RESOLUTION NO.
PAGE 2
On motion by Council Member _________, seconded by Council Member _______, and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
The foregoing Resolution was passed and adopted this 8
th day of February, 2022.
RESOLUTION NO.
PAGE 3
CAREN RAY RUSSOM, MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
WHITNEY McDONALD, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 9.a.
MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
BY: Patrick Holub, Assistant Planner
SUBJECT: Appeal Case 21-007; Appeal of Planning Commission Approval of Minor Use Permit- Plot Plan Review 21-029 for the Establishment of a Vacation Rental; Location: 1562 Strawberry Ave; Appellant: Stew and Francine Errico, Et. Al.
DATE: February 8, 2022
SUMMARY OF ACTION:
Adoption of the proposed Resolution (Attachment 1) would deny the appeal and approve the proposed vacation rental project in accordance with the approval granted by the Community Development Director on September 28, 2021, and upheld on appeal by the Planning Commission on December 7, 2021.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
In accordance with Chapter 3.24 of the Arroyo Grande Municipal Code (AGMC), vacation rentals are required to pay the City transient occupancy tax (TOT) in the amount of ten percent (10%) of the rent charged by the operator. To cover the costs of staff’s time to prepare the appeal hearing documents, the appellant paid a fee of $491 to appeal the Community Development Director’s decision to the Planning Commission and a fee of $1,163 to appeal the Planning Commission’s decision to the City Council.
RECOMMENDATION:
Adopt a Resolution denying Appeal Case No. 21-007 and approving Plot Plan Review 21-029.
BACKGROUND:
Vacation Rental Ordinance
On June 10, 2014, the City Council adopted Ordinance No. 663, establishing vacation rentals and homestays as permitted land uses in the City’s residential zoning districts, subject to the approval of a Minor Use Permit-Plot Plan Review (Attachment 2). During the development of Ordinance 663, both the Planning Commission and City Council considered potential issues associated with short term rentals, including noise, parking,
Item 9.a.
City Council
Appeal Case 21-007; Appeal of Planning Commission Approval of Minor Use Permit- Plot Plan Review 21-029 for the Establishment of a Vacation Rental; Location: 1562 Strawberry Ave; Appellant: Stew and Francine Errico, Et. Al.
February 8, 2022
and other general problems that could be associated with vacation rentals. Ultimately, both bodies concluded that these concerns could be addressed by compliance with the performance standards and abiding by conditions of approval. For example, an applicant is required to provide a local contact to address noise and general disturbance issues that may arise from operation of a short term rental. Additionally, a 300-foot buffer between short term rentals on the same street is required to prevent the overconcentration of short term rentals in a neighborhood.
The Ordinance went into effect on July 10, 2014. Since that time, the City has permitted seventy-one (71) vacation rentals and forty-one (41) homestays, not including the subject application. In addition to this application, staff is currently processing applications for two (2) vacation rentals and one (1) homestay. Since the adoption of Ordinance No. 663, nine (9) permits that were approved by the Community Development Director for the establishment of a vacation rental have been appealed to the Planning Commission and one (1) of these approvals have been appealed to the City Council. All nine (9) of the appeals were denied by the Commission and the Community Development Director’s decision was upheld. Each of the previous appeals were denied due to the Planning Commission affirming the required findings for the Plot Plan Review. Similarly, the single appeal to City Council was also denied and the Community Development Director’s decision was upheld.
Plot Plan Review 21-033
The applicants for Minor Use Permit-Plot Plan Review 21-029 submitted their application on August 2, 2021, for the establishment of a vacation rental at 1562 Strawberry Avenue.
The subject property is a single family residence in the Berry Gardens neighborhood west of South Courtland Street and north of Blackberry Avenue. Additional materials necessary to provide a complete application were received by the City on September 12, 2021. After reviewing the materials provided, the Community Development Director approved Minor Use Permit-Plot Plan Review 21-029 on September 28, 2021 (Attachment 3). Notice of the Director’s approval was sent to forty-five (45) property owners within 300 feet of the subject property. The notice included the name and phone number of the applicant’s local contact person in accordance with Arroyo Grande Municipal Code Subsection
16.52.230.C.5, appeal information, and information about how to contact Community Development staff should there be questions about the project. The approval mailer also listed the name of a secondary emergency contact person.
Planning Commission Review
An appeal of the Community Development Director’s approval of the Minor Use PermitPlot Plan Review was filed on October 11, 2021. The appellants submitted additional documents outlining the grounds justifying their appeal on November 12, 2021. The Planning Commission heard the appeal at its meeting on December 7, 2021 (Attachment 4). Issues raised in the appeal included completeness of the application, impacts on
Item 9.a.
City Council
Appeal Case 21-007; Appeal of Planning Commission Approval of Minor Use Permit- Plot Plan Review 21-029 for the Establishment of a Vacation Rental; Location: 1562 Strawberry Ave; Appellant: Stew and Francine Errico, Et. Al.
February 8, 2022
availability of parking and circulation, noticing procedures and the ability of the listed emergency contact to perform the required functions. After hearing comments from the applicant, appellants and members of the public, the Planning Commission voted to deny the appeal due to the determination that they were unable to make sufficient findings to uphold the appeal. The appellants submitted a timely appeal of the Planning Commission’s decision on December 20, 2021.
ANALYSIS OF ISSUES:
Vacation Rental Performance Standards
Arroyo Grande Municipal Code (AGMC) Section 16.52.230 sets forth performance standards and conditions required for the operation of vacation rentals within the City.
These performance standards and conditions are intended to ensure vacation rentals conform to the existing character of the neighborhood and do not create an adverse impact on adjacent properties. Applicable performance standards are included as conditions of approval to allow an upfront understanding by the applicant of what the City requires for the operation of the vacation rental. Conditions include items such as having a structure consistent with the neighborhood, meeting applicable Codes, maintaining a local contact person, and limiting the number of guests allowed to occupy the rental.
Basis of the Appeal
The subject appeal indicated concerns about (1) due process, (2) the application not meeting the required performance standards, and (3) the Planning Commission not addressing material errors raised in that appeal (Attachment 5).
1. Due Process
The appeal raised concerns with the notification of adjacent property owners as required per Arroyo Grande Municipal Code Subsection 16.16.080.C.6. Notice of the Community Development Director’s approval of the application was provided to property owners within a 300’ radius on September 28, 2021. It was later determined, following the Planning Commission hearing, that eleven (11) property owners within the required radius were not notified included in the original mailing list and did not receive notice of the Community Development Director’s approval. However, each of these eleven property owners, as well as all of the other property owners within the required 300’ radius, were notified of the Planning Commission hearing. Additionally, the notice of this hearing before the City Council was also mailed to all of the required property owners within 300 feet of the subject property, including the eleven properties missed with the original mailing.
Because the Community Development Director’s approval of the permit was eventually appealed to the Planning Commission, and because notices of the two hearings before the Planning Commission and the City Council have been provided properly, the City Attorney has advised that no property owner has been deprived of their rights in this case.
Government Code Section 65010(b) states:
Item 9.a.
City Council
Appeal Case 21-007; Appeal of Planning Commission Approval of Minor Use Permit- Plot Plan Review 21-029 for the Establishment of a Vacation Rental; Location: 1562 Strawberry Ave; Appellant: Stew and Francine Errico, Et. Al.
February 8, 2022
No action, inaction, or recommendation by any public agency or its legislative body or any of its administrative agencies or officials on any matter subject to this title shall be held invalid or set aside by any court on the ground of the improper admission or rejection of evidence or by reason of any error, irregularity, informality, neglect, or omission (hereafter, error) as to any matter pertaining to petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, or any matters of procedure subject to this title, unless the court finds that the error was prejudicial and that the party complaining or appealing suffered substantial injury from that error and that a different result would have been probable if the error had not occurred. There shall be no presumption that error is prejudicial or that injury was done if the error is shown.
As the error in the original notice of the Community Development Director’s approval of the permit was not discovered until after the Planning Commission hearing, staff did not notify the Commission that the original notice had inadvertently excluded 11 properties.
However, because all of the property owners who should have been originally notified were subsequently noticed properly for the appeals to the Planning Commission and to the City Council, no property owners were deprived of their rights, no prejudicial errors occurred, and a different result was not probable if the error had not occurred. Therefore, staff does not recommend upholding this appeal issue.
2. Performance Standards
The appeal contends that the application does not meet the required performance standards, specifically in regards to the listed emergency contact persons. The application originally included an emergency contact person that was beyond the required 15-minute drive time from the rental property. The applicants later provided an emergency contact person that was within the required distance and that person’s contact information was provided as the property’s primary emergency contact in the notices mailed to nearby property owners. Because the applicants had already contracted with a vacation rental management company, the applicants requested that the original emergency contact person included in the application be provided as a secondary contact person. The appeal contends that this person would not otherwise qualify as the primary contact person, and, therefore, should not be allowed to be listed as a contact person for this rental. Staff believes that the presence of a second emergency contact person will only serve to benefit the neighborhood should any issues arise. Because the applicants have provided an emergency contact person who meets all of the necessary performance standards, staff does not recommend upholding this appeal issue. If the City Council denies the appeal and upholds approval of the vacation rental permit, notice of the approval listing the emergency contact persons will be mailed to all property owners within a 300’ radius of the property.
Item 9.a.
City Council
Appeal Case 21-007; Appeal of Planning Commission Approval of Minor Use Permit- Plot Plan Review 21-029 for the Establishment of a Vacation Rental; Location: 1562 Strawberry Ave; Appellant: Stew and Francine Errico, Et. Al.
February 8, 2022
3. Planning Commission Hearing
The appeal states that the Planning Commission did not address some of the errors that were raised during that hearing. These errors mentioned include the notification error with the original Community Development Director approval of the permit and that a secondary contact person should not have been provided due to the fact that the secondary emergency contact person does not reside within a fifteen (15) minute drive of the property. The appeal further states that the Planning Commission should have continued the item to a later date to allow these errors to be corrected.
During the hearing before the Planning Commission on December 7, 2021, the Commissioners in attendance had the opportunity to review the materials provided by City staff, the applicant and the appellants and concluded that sufficient materials were provided to make a determination on the appeal. Ultimately, the Planning Commission voted unanimously to deny the appeal and to approve the vacation rental as submitted.
Because the Planning Commission conducted a Public Hearing and heard input from all parties, staff does not recommend upholding this appeal issue.
Recommended Action
Staff recommends that the City Council adopt the attached Resolution denying Appeal Case No. 21-007 and approving Plot Plan Review Case No. 21-029. In order for the City Council to uphold the appeal and deny the vacation rental permit, a majority of the quorum would need to identify substantial evidence supporting findings that the requirements of the Ordinance for approval of a vacation rental have not been met, as follows:
1. The proposed project is consistent with the goals, objectives, policies and programs of the Arroyo Grande general plan
2. The proposed project conforms to applicable performance standards and will not be detrimental to the public health, safety or general welfare
3. The physical location or placement of the use on the site is compatible with the surrounding neighborhood.
In accordance with finding #2, the vacation rental must conform to the following performance standards and conditions listed in the Municipal Code:
1. Operators of vacation rentals are required to obtain a minor use permit-plot plan review (Section 16.16.080) and a business license.
2. Any proposed vacation rental shall be compatible with the neighborhood in which it is located in terms of landscaping, scale and architectural character. The use shall be harmonious and compatible with the existing uses with the neighborhood.
3. All Building Code and Fire Code requirements for the level of occupancy of the vacation rental shall be met.
4. All environmental health regulations shall be met.
Item 9.a.
City Council
Appeal Case 21-007; Appeal of Planning Commission Approval of Minor Use Permit- Plot Plan Review 21-029 for the Establishment of a Vacation Rental; Location: 1562 Strawberry Ave; Appellant: Stew and Francine Errico, Et. Al.
February 8, 2022
5. The operator of the vacation rental shall, at all times while the property is being used as a vacation rental, maintain a contact person/entity within a fifteen-minute drive of the property. The contact person or entity must be available via telephone twenty-four (24) hours a day, seven days a week, to respond to complaints regarding the use of the vacation rental. The contact person or entity shall respond, either in person or by return telephone call, with a proposed resolution to the complaint within three hours between seven a.m. and nine p.m., and within thirty (30) minutes between nine p.m. and seven a.m.
6. The operator of the vacation rental shall annually, at the time of renewal of the business license, notify the community development department of the name, address and telephone number of the contact person required in subsection (C)(6).
7. A written notice shall be conspicuously posted inside each vacation rental unit setting forth the name, address and telephone number of the contact person required in subsection (C)(6). The notice shall also set forth the address of the vacation rental, the maximum number of occupants permitted to stay overnight in the unit, the maximum number of vehicles allowed to be parked on-site, and the day(s) established for garbage collection. The notice shall also provide the nonemergency number of the Arroyo Grande Police Department.
8. On-site advertising of the vacation rental is prohibited.
9. The number of overnight occupants shall be limited to two persons per bedroom and two additional persons. A bedroom shall meet the minimum size requirements as defined in the Building Code.
10.All refuse shall be stored in appropriate containers and placed at the curb for collection every week.
11.The operator of the vacation rental shall pay transient occupancy tax as required by Arroyo Grande Municipal Code Section 3.24.030.
12.Establishment of a vacation rental within three hundred (300) feet of an existing vacation rental on the same street shall not be permitted. 13.Violations. Violation of these requirements shall constitute grounds for revocation of the minor use permit pursuant to Section 16.16.220.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the attached Resolution denying Appeal Case No. 21-007 and approving Plot Plan Review Case No. 21-029;
2. Modify and adopt the attached Resolution denying Appeal Case No. 21-007 and approving Plot Plan Review Case No. 21-029;
3. Do not adopt the attached Resolution, take tentative action to uphold Appeal Case No. 21-007, and provide direction for staff to return with an appropriate supporting resolution including findings for denial of Plot Plan Review Case No. 21-029; or
4. Provide other direction to staff.
Item 9.a.
City Council
Appeal Case 21-007; Appeal of Planning Commission Approval of Minor Use Permit- Plot Plan Review 21-029 for the Establishment of a Vacation Rental; Location: 1562 Strawberry Ave; Appellant: Stew and Francine Errico, Et. Al.
February 8, 2022
ADVANTAGES:
Denial of the appeal and approval of the Minor Use Permit - Plot Plan Review would allow the applicants to establish a vacation rental in accordance with City regulations and provide the applicants flexibility to use the home to generate supplemental income. The applicant would also collect and remit TOT from rentals, which would be used to help maintain City services and infrastructure.
DISADVANTAGES:
The establishment of a number of vacation rentals in a residential neighborhood could impact the atmosphere developed in the neighborhood through time. Impacts to noise, traffic, property values, and neighborhood composition could be observed. However, concentration limitations and performance standards developed specifically for vacation rentals were intended to reduce this potential, including the designation of a local contact person to address negative impacts to neighbors and prevent overburdening City services. Additionally, Citywide performance standards, including the Noise Ordinance, also apply to vacation rentals. If the vacation rental begins operating outside of any of these standards or the conditions of the permit, remedies are made available through the AGMC.
ENVIRONMENTAL REVIEW:
Staff has reviewed the project in accordance with the California Environmental Quality Act (CEQA) and determined that it is categorically exempt per Section 15301 of the CEQA Guidelines regarding existing facilities.
PUBLIC NOTIFICATION AND COMMENTS:
A notice of public hearing was mailed to all property owners within 300 feet of the project site, published in the Tribune, and posted on the City’s website and at City Hall on Friday, January 28, 2022. The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. At the time of report publication, no comments have been received.
Attachments:
1. Proposed Resolution
2. Ordinance 663
3. Approval Letter dated September 28, 2021
4. Minutes and Staff Report from the December 7, 2021 Planning Commission Meeting
5. Appeal Documents
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DENYING APPEAL CASE NO. 21-007
AND APPROVING PLOT PLAN REVIEW CASE NO. 21-029;
LOCATED AT 1562 STRAWBERRY AVENUE; APPLIED
FOR BY BRENDA GOROSKI; APPEALED BY STEW AND
FRANCINE ERRICO
WHEREAS, on June 10, 2014, the City Council adopted Ordinance No. 663, establishing vacation rentals and homestays as permitted land uses in the City’s residential zoning districts, subject to the approval of a Minor Use Permit-Plot Plan Review in order to ensure conformance with performance standards developed to protect the adjacent residential neighborhoods in which these uses would be located; and WHEREAS, on August 2, 2021, the applicant submitted an application for Plot Plan Review No. 21-029 for the establishment of a vacation rental in an existing, three-bedroom residence located at 1562 Strawberry Avenue; and
WHEREAS, on September 28, 2021, the Community Development Director approved Plot Plan Review No. 21-029 based upon the findings for approval of the permit; and WHEREAS, notice of the Community Development Director’s determination was mailed to fourty-five (45) of the fifty-six (56) property owners within 300’ of the project site to alert them of the approved request to establish the vacation rental; and WHEREAS, on October 11, 2021, an appeal of the Community Development Director’s approval was filed with the Community Development Secretary by Stew and Francine Errico, et al. in accordance with Arroyo Grande Municipal Code Section 16.12.150; and WHEREAS, the Planning Commission considered the appeal at a duly notice public hearing on December 7, 2021 and adopted a Resolution denying the appeal and approving the project; and
WHEREAS, on December 20, 2021, an appeal of the Planning Commission’s approval was filed with the City Clerk by Stew and Francine Errico in accordance with Arroyo Grande Municipal Code Section 16.12.150; and
WHEREAS, the City Council of the City of Arroyo Grande considered the appeal at a duly noticed public hearing on February 8, 2022; and
WHEREAS, the City Council has reviewed the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has found and determined that the project is exempt pursuant to Section 15301 of the CEQA Guidelines for existing facilities; and
RESOLUTION NO.
PAGE 2
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist:
Due Process Findings:
Although eleven property owners within 300’ of the project did not receive notice of the Community Development Director’s original approval of the project, all property owners within 300’ of the project received timely notice of the Planning Commission’s public hearing for the appeal of the project and could have participated in the appeal hearing.
As a result, the City Council finds that no property owners were deprived of their due process rights, no prejudicial errors occurred, and a different result was not probable if the noticing error had not occurred.
Plot Plan Review Findings:
1. The proposed project is consistent with the goals, objectives, policies and programs of the Arroyo Grande General Plan;
Vacation rentals are allowed in the City’s residential zoning districts with approval of a Minor Use Permit-Plot Plan Review. Approval of a Minor Use Permit-Plot Plan Review certifies that the land use or development will satisfy all applicable provisions of the Municipal Code and allows the approving body to develop reasonable conditions to ensure compliance.
Approval of a Minor Use Permit-Plot Plan Review enables issuance of a business license for use of the property as a commercial business.
2. The proposed project conforms to applicable performance standards and will not be detrimental to the public health, safety or general welfare; The Municipal Code mandates performance standards to ensure the public health, safety or general welfare. The existing residence meets the requirements of the Municipal Code and conditions of approval developed for this project ensure compliance with the Municipal Code and the protection of public health, safety or general welfare.
The proposed vacation rental is compatible with the neighborhood in which it is located in terms of landscaping, scale and architectural character. The use, as conditioned, is harmonious and compatible with the existing uses within the neighborhood.
3. The physical location or placement of the use on the site is compatible with the surrounding neighborhood.
The subject property is located within an established residential neighborhood in the Single Family zoning district, which is available for use as a vacation rental. The vacation rental will be located in an existing
RESOLUTION NO.
PAGE 3
residential structure that is of sufficient size to accommodate the intended use. The subject property where the vacation rental is located is greater than 300 feet from an existing vacation rental on the same street.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby denies Appeal Case No. 21-007 and approves Plot Plan Review Case No. 21-029 based on the above findings and subject to the conditions as set forth in Exhibit “A”, attached hereto and incorporated herein by this reference.
On motion by Council Member , seconded by Council Member , and by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 8
th day of February, 2022.
RESOLUTION NO.
PAGE 4
_______________________________
CAREN RAY RUSSOM, MAYOR
ATTEST:
_______________________________
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
_______________________________
WHITNEY McDONALD, CITY MANAGER
APPROVED AS TO FORM:
_______________________________
TIMOTHY J. CARMEL, CITY ATTORNEY
RESOLUTION NO.
PAGE 5
EXHIBIT “A”
CONDITIONS OF APPROVAL
PLOT PLAN REVIEW 21-029
1562 STRAWBERRY AVENUE
CONDITIONS OF APPROVAL:
GENERAL CONDITIONS
1. This approval authorizes the establishment of a vacation rental in the threebedroom residence on property located at 1562 Strawberry Avenue.
2. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project.
3. The project shall occur in substantial conformance with the application and plans on file in the Community Development Department dated August 5, 2021.
4. This permit shall automatically expire on February 8, 2024 unless a business license is issued. Thirty (30) days prior to the expiration of the approval, the applicant may apply to the Community Development Director for an extension of one (1) year from the original date of expiration.
5. The applicant shall apply and be approved for a business license prior to conducting any business transactions on the premises.
6. The applicant shall agree to indemnify and defend at his/her sole expense any action brought against the City, its agents, officers, or employees because of the issuance of said approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney’s fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve the applicant of his/her obligations under this condition.
COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS
7. The operator shall maintain a contact person/entity within a fifteen (15) minute drive of the property to be responsible for responding to complaints regarding the use of the vacation rental in accordance with Municipal Code Subsection 16.52.230.C.5.
The identified primary contact person is Nancy Tucker and she can be reached at 805-748-6880. The secondary contact person is Kathy Kelly and she can be reached at 310-717-8750.
8. The operator shall annually notify the Community Development Department of the name, address, and phone number of the contact person, at time of business license renewal.
9. The operator shall conspicuously post a written notice inside the vacation rental
RESOLUTION NO.
PAGE 6
with the name, address, and telephone number of the required contact person.
The notice shall also include the address of the vacation rental, the maximum number of occupants permitted to stay overnight in the unit, the maximum number of vehicles allowed to park on-site, the day(s) established for garbage collection, and the non-emergency number of the Arroyo Grande Police Department.
10. Based upon the size of the three (3) bedrooms in the main dwelling unit, a maximum of eight (8) guests may stay in the vacation rental at any one time (2 per bedroom and 2 additional guests).
11. No on-site advertising is permitted in conjunction with the vacation rental.
12. Payment of Transient Occupancy Tax is required per Municipal Code Section
3.24.030. Payment of Tourism Business Improvement District assessments is required per Municipal Code Chapter 3.46.
BUILDING AND LIFE SAFETY DIVISION CONDITIONS:
13. The applicant shall comply with the current California Codes including the specifically adopted City of Arroyo Grande provisions.
14. A safety inspection will be required prior to business license approval. Contact (805) 473-5454 for inspections.
ORDINANCE NO. 663
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AMENDING TITLE 16 OF THE ARROYO GRANDE
MUNICIPAL CODE REGARDING VACATION RENTALS AND
HOMESTAYS
WHEREAS, the City of Arroyo Grande ("City") currently does not regulate vacation rentals or homestays; and
WHEREAS, the City does regulate similar transient uses with similar impacts such as bed and breakfast inns; and
WHEREAS, the City Council finds that, unless properly regulated, vacation rentals and homestays can result in adverse impacts to adjacent properties; and WHEREAS, the purpose of these regulations is to ensure that vacation rentals and homestays conform to the existing character of the neighborhood in which they are located and do not create an adverse impact on adjacent properties; and WHEREAS, the increasing popularity of vacation rentals and homestays in the City the implementation of appropriate regulations to ensure that impacts are addressed and the character of existing neighborhoods is maintained, while providing an expanded type of lodging facility available within the City; and
WHEREAS, it is the purpose of this Ordinance to protect the public health, safety, and welfare within the City by establishing rules and requirements for vacation rentals and homestays; and
WHEREAS, after consideration of all testimony and all relevant evidence, the City Council has determined that the following Development Code Amendment findings can be made in an affirmative manner:
A. The proposed revisions to Title 16 are required to ensure consistency with the objectives, policies and implementation measures of the General Plan, particularly the Land Use Element, and is therefore desirable to implement the provisions of the General Plan.
B. The proposed revisions to Title 16 will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern.
C. The proposed revisions are consistent with the purpose and intent of Title 16 and satisfy the intent of Chapter 16. 08 of the Municipal Code and provide for internal consistency.
D. The proposed revisions to Title 16 are exempt under per Sections 15061( b)( 3) and 15308 of the California Environmental Quality Act (CEQA) Guidelines.
ATTACHMENT 2
ORDINANCE NO. 663
PAGE 2
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande as follows:
SECTION 1: The above recitals and findings are true and correct and incorporated herein by this reference.
SECTION 2: Arroyo Grande Municipal Code Section 16. 52.230 is hereby added as follows:
SECTION 16.52.230 —VACATION RENTALS
A. Purpose and intent. The purpose of these regulations is to ensure that vacation rentals located in the city conform to the existing character of the neighborhood in which they are located and do not create an adverse impact on adjacent properties.
B. Applicability. Vacation rentals may be permitted only with approval of a minor use permit. Vacation rentals shall comply with the property development standards of the underlying district and the performance standards and special conditions listed in Section 16. 52.230. C.
C. Performance standards and conditions for vacation rentals.
1. Operators of vacation rentals are required to obtain a minor use permitplot plan review (Section 16. 16. 080) and a business license.
2. Any proposed vacation rental shall be compatible with the neighborhood in which it is located in terms of landscaping, scale and architectural character. The use shall be harmonious and compatible with the existing uses with the neighborhood
3. All Building Code and Fire Code requirements for the level of occupancy of the vacation rental shall be met.
4. All environmental health regulations shall be met.
5. The operator of the vacation rental shall, at all times while the property is being used as a vacation rental, maintain a contact person/entity within a fifteen ( 15) minute drive of the property. The contact person or entity must be available via telephone twenty-four (24) hours a day, seven ( 7) days a week, to respond to complaints regarding the use of the vacation rental.
The contact person or entity shall respond, -either in person or by return telephone call, with a proposed resolution to the complaint within three ( 3) hours between 7: 00 am and 9: 00 pm, and within thirty ( 30) minutes between 9: 00 pm and 7: 00 am.
ORDINANCE NO. 663
PAGE 3
6. The operator of the vacation rental shall annually, at the time of renewal of the business license, notify the Community Development Department of the name, address and telephone number of the contact person required in subsection 16.52.230. C.6.
7. A written notice shall be conspicuously posted inside each vacation rental unit setting forth the name, address and telephone number of the contact person required in subsection 16. 52.230.C.6. The notice shall also set forth the address of the vacation rental, the maximum number of occupants permitted to stay overnight in the unit, the maximum number of vehicles allowed to be parked on- site, and the day(s) established for garbage collection. The notice shall also provide the non- emergency number of the Arroyo Grande Police Department.
8. On- site advertising of the vacation rental is prohibited.
9. The number of overnight occupants shall be limited to two persons per bedroom and two additional persons. A bedroom shall meet the minimum size requirements as defined in the Building Code.
10. All refuse shall be stored in appropriate containers and placed at the curb for collection every week.
11. The operator of the vacation rental shall pay Transient Occupancy Tax as required by Arroyo Grande Municipal Code Section 3. 24.030.
12. Establishment of a vacation rental within 300 feet of an existing vacation rental on the same street shall not be permitted.
13. Violations — violation of these requirements shall constitute grounds for revocation of the minor use permit pursuant to Section 16. 16. 220.
SECTION 3: Arroyo Grande Municipal Code Section 16.52.240 is hereby added as follows:
SECTION 16.52.240 — HOMESTAYS
A. Purpose and intent. The purpose of these regulations is to ensure that homestays located in the city conform to the existing character of the neighborhood in which they are located and do not create an adverse impact on adjacent properties.
B. Applicability. Homestays may be permitted only with approval of a minor use permit. Homestays shall comply with the property development standards of the
ORDINANCE NO. 663
PAGE 4
underlying district and the performance standards and special conditions listed in Section 16. 52.240.0.
C. Performance standards and conditions for homestays.
1. Operators of homestays are required to obtain a minor use permit-plot plan review (Section 16. 16. 080) and a business license.
2. Any proposed homestay shall be compatible with the neighborhood in which it is located in terms of landscaping, scale and architectural character. The use shall be harmonious and compatible with the existing uses with the neighborhood
3. All Building Code and Fire Code requirements far the level of occupancy of the homestay shall be met.
4. All environmental health regulations shall be met.
5. The operator shall reside on the premises.
6. Individual guest stays shall be limited to fourteen ( 14) days, with a sevenday period between stays.
7. On- site advertising of the homestay is prohibited.
8. A bedroom shall meet the minimum size requirements as defined in the L Building Code.
9. The operator of the homestay shall pay Transient Occupancy Tax as required by Arroyo Grande Municipal Code Section 3. 24.030.
10. Establishment of a homestay within 300 feet of an existing homestay on the same street shall not be permitted.
11. Violations — violation of these requirements shall constitute grounds for revocation of the minor use permit pursuant to Section 16. 16. 220.
SECTION 4: The following definitions in Arroyo Grande Municipal Code Subsection
16. 04.070. C. are hereby amended or added as follows:
16.04.070. C. Definitions
Bed and breakfast inn" means an owner-occupied dwelling unit where three (3) or more short-term lodging rooms and meals are provided for compensation or onsite signage is desired.
r
ORDINANCE NO. 663
PAGE 5
Homestay" means an owner-occupied dwelling unit where a maximum of two (2) shortterm lodging rooms are provided for compensation.
Vacation rental" means a structure being rented for less than thirty ( 30) days without concurrently being occupied by the owner/operator where the short-term lodging is provided for compensation.
SECTION 5: Arroyo Grande Municipal Code Section 16. 16. 080 is hereby amended to add Subsection B. 10 and Subsection C.6 as follows:
16. 16. 080.B. 10. Establishment of vacation rentals or homestays in applicable zoning districts identified in Table 16. 32.040-A and Table 16. 36. 030(A).
16. 16. 080. C.6. For plot plan reviews establishing the use of property for vacation rental purposes, the decision of the community development director shall also be mailed to all property owners of parcels within three hundred ( 300) feet of the property for which the plot plan review has been requested, in addition to the requirements of Section
16. 16. 080.C. 5. The notice shall indicate the appeal provisions of Section 16. 12. 150.
SECTION 6: Arroyo Grande Municipal Code Table 16. 32.040-A, entitled "Uses Permitted Within Residential Districts", Section A. Residential Uses is hereby amended to add Subsection A.17. as follows:
USE RE RH RR RS SF VR D-2.4 MF MFA MFVH MHP
A. Residential Uses
17. Vacation Rentals MUP MUP MUP MUP MUP MUP MUP MUP NP NP and Homestays
SECTION 7: Arroyo Grande Municipal Code Table 16. 36. 030(A), entitled " Uses Permitted Within Mixed Use and Commercial Districts", Section B. Services - General is hereby amended to add the following use:
USE VCD VMU
HCO D- 2. 11
OMU1
TMU D- HCO D= Specific
IMU D- 2. 11 2.4 D- 2.4 GMU FOMU HMU 2. 20
RC2 Use Stds
B. Services - General
Vacation Rentals and NP MUP MUP MUP MUP MUP MUP MUP NP 16. 52.230 Homestays 16. 52.240
SECTION 8: If any section, subsection, subdivision, paragraph, sentence, or clause of this Ordinance or any part thereof is for any reason' held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof.
The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional.
ORDINANCE NO. 663
PAGE 6
SECTION 9: Upon adoption of this Ordinance, the City Clerk shall file a Notice of Exemption pursuant to 14 CCR § 15062.
SECTION 10: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five ( 5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen ( 15) days after adoption of the Ordinance, the summary with the names of those City Council Members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance.
SECTION 11: This Ordinance shall take effect thirty ( 30) days from the date of adoption.
On motion of Council Member Barneich, seconded by Council Member Brown, and on the following roll call vote to wit:
AYES: Council Members Barneich, Brown, Costello, Guthrie, and Mayor Ferrara NOES: None
ABSENT: None
the foregoing Ordinance was adopted this 10th day of June, 2014.
ORDINANCE NO. (0493
PAGE 7
TONY F MAYOR
ATTEST:
Wgkitet'L--
KELLY ET j RE, CITY CLERK
APPROVED AS TO CONTENT:
S E ADAMS, CITY MANAGER
APPROVED AS TO FORM:
7n/VTIMVIO111Y J. CARME"C, CITY ATTORNEY
1
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached is a true, full, and correct copy of Ordinance No. 663 which was introduced at a regular meeting of the City Council on May 27, 2014; was passed and adopted at a regular meeting of the City Council on the 10th day of June 2014; and was duly published in accordance with State law (G. C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 12th day of June 2014.
i
1 I
KELL WE/ ORE, CITY CLERK
CITY OF
ARROYO GRANDE
CALIFORNIA
COMMUNITY DEVELOPMENT DEPARTMENT 300 E. Branch Street Arroyo Grande, California 93420 Phone: (805) 473-5420 Fax: (805) 473-0386 E-mail: [email protected] Website: www.arroyogrande.org September 28, 2021
Brenda Goroski
1562 Strawberry Avenue
Arroyo Grande, CA 93420
SUBJECT: PLOT PLAN REVIEW 21-029; ESTABLISHMENT OF A VACATION RENTAL IN THE SINGLE FAMILY ZONE; LOCATION – 1562 STRAWBERRY AVE; APPLICANT – BRENDA GOROSKI Dear Ms. Goroski:
On September 28, 2021, the Community Development Director approved the above-referenced project for the establishment of a Vacation Rental in an existing residence in the Single Family (SF) zoning district. This approval is based upon the following findings for approval:
FINDINGS FOR APPROVAL – PLOT PLAN REVIEW
1. The proposed project is consistent with the goals, objectives, policies and programs of the Arroyo Grande General Plan;
a. Vacation Rentals are allowed in the City’s Single Family (SF) zoning district with approval of a Minor Use Permit - Plot Plan Review.
b. Approval of a Minor Use Permit - Plot Plan Review certifies that the land use or development will satisfy all applicable provisions of the Municipal Code and allows the Community Development Director to develop reasonable conditions to ensure compliance. c. Approval of a Minor Use Permit - Plot Plan Review enables issuance of a business license for use of the property as a commercial business.
2. The proposed project conforms to applicable performance standards and will not be detrimental to the public health, safety or general welfare;
a. The Municipal Code mandates performance standards to ensure the public health, safety or general welfare.
b. The existing dwelling unit on site meets the requirements of Section 16.52.230 of the Municipal Code. c. Conditions of approval developed for this project ensure compliance with Section 16.52.230 of the Municipal Code and the protection of public health, safety or general welfare.
3. The physical location or placement of the use on the site is compatible with the surrounding neighborhood. a. The subject property is located within an established residential neighborhood in the Single Family zoning district, which is available for use as a Vacation Rental. b. The existing residence is available for Vacation Rentals, and is of sufficient size to accommodate the intended use.
c. The subject property where the Vacation Rental is located is greater than three hundred feet (300’) of an existing Vacation Rental on the same street.
In approving a Minor Use Permit-Plot Plan Review, the Community Development Director may impose reasonable conditions to ensure compliance with the Municipal Code. This approval is subject to the following conditions of ATTACHMENT 3
PLOT PLAN REVIEW 21-029
SEPTEMBER 28, 2021
PAGE 2
approval. Please review the conditions carefully. As the applicant, you are responsible to see that the conditions are implemented. This will involve working with the various departments that conditioned the project.
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
1. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project.
2. The applicant shall apply and be approved for a business license before conducting any business transactions on the premises.
3. The applicant shall agree to indemnify and defend at his/her sole expense any action brought against the City, its agents, officers, or employees because of the issuance of said approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney’s fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve the applicant of his/her obligations under this condition.
COMMUNITY DEVELOPMENT DEPARTMENT
4. The project shall substantially conform to the plans and descriptions on file in the Community Development Department dated August 5, 2021.
5. This permit shall expire on September 28, 2023, unless a business license is issued for the project.
6. The operator shall maintain a contact person/entity within a fifteen (15) minute drive of the property to be responsible for responding to complaints regarding the use of the vacation rental in accordance with Municipal Code Subsection 16.52.230.C.5. The identified primary contact person is Nancy Tucker and she can be reached at 805-748-6880.
7. The operator shall annually notify the Community Development Department of the name, address, and phone number of the contact person, at time of business license renewal.
8. The operator shall conspicuously post a written notice inside the vacation rental with the name, address, and telephone number of the required contact person. The notice shall also include the address of the vacation rental, the maximum number of occupants permitted to stay overnight in the unit, the maximum number of vehicles allowed to park on-site, the day(s) established for garbage collection, and the non-emergency number of the Arroyo Grande Police Department.
9. Based upon the size and location of the three (3) bedrooms in the single family residence and the character of the neighborhood, a maximum of eight (8) guests may stay in the single family residence as a vacation rental at any one time in accordance with Municipal Subsection 16.52.230.C.9 (2 occupants per bedroom and 2 additional occupants).
10. No on-site advertising is permitted in conjunction with the vacation rental.
11. Payment of Transient Occupancy Tax is required per Municipal Code Section 3.24.030. Payment of Tourism Business Improvement District assessments is required per Municipal Code Chapter 3.46.
PLOT PLAN REVIEW 21-029
SEPTEMBER 28, 2021
PAGE 3
BUILDING AND LIFE SAFETY DIVISION
12. The applicant shall comply with the current California Codes including the specifically adopted City of Arroyo Grande provisions.
13. A safety inspection will be required prior to business license approval. Contact (805) 473-5454 for inspections.
The decision will be reported to the Planning Commission on October 11, 2021. Per Municipal Code Subsection 16.16.080.C.6, a notice of the decision will also be mailed to all property owners of parcels within three hundred feet (300’) of the vacation rental. If you disagree with the Community Development Director’s decision, you may file an appeal to the Planning Commission no later than October 11, 2021 at 5:00 pm. If you have any questions, please contact the Community Development Department at (805) 473-5420.
Sincerely,
Brian Pedrotti
Community Development Director
Patrick Holub
Assistant Planner
cc: Building Official
Accounting Manager
1 ACTION MINUTES
MEETING OF THE PLANNING COMMISSION
December 7, 2021, 6:00 p.m.
Zoom Virtual Meeting
Webinar ID: 832 5584 8846
ByTelephone: 1-669-900-6833; 1-346-248-7799
Commission Members Present: Chair Glenn Martin, Vice Chair Frank Schiro, Commissioner Jamie Maraviglia,
Commissioner Jim Guthrie
Staff Present: Associate Planner Andrew Perez, Assistant Planner Patrick Holub, Community
Development Director Brian Pedrotti
Given the recent increase in COVID-19 cases in San Luis Obispo County, and in compliance with Assembly Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph M.
Brown Act, this meeting was held by teleconference.
_____________________________________________________________________
1. CALL TO ORDER
Chair Martin called the Planning Commission meeting to order at 6:00 PM.
2. ROLL CALL
Commissioner Buchanan absent.
3. FLAG SALUTE
Chair Martin led the flag salute.
4. AGENDA REVIEW
None.
5. COMMUNITY COMMENTS AND SUGGESTIONS
Chair Martin invited public comment. No public comments were received.
6. WRITTEN COMMUNICATIONS
One supplemental memorandum received for items 8.a. and 8.b.
ATTACHMENT 4
2 7. CONSENT AGENDA
Moved by Chair Martin
Seconded by Commissioner Guthrie
Approve the minutes of the October 19, 2021 Regular Planning Commission meeting.
Passed
8. PUBLIC HEARING ITEMS
8.a APPEAL TO PLANNING COMMISSION CASE 21-004; APPEAL OF PLOT PLAN REVIEW 21-029 AT 1562 STRAWBERRY AVENUE
Assistant Planner Holub presented the staff report, which included information about the vacation rental ordinance, processing of vacation rental applications, and performance standards for vacation rentals. He also addressed objections raised by the appellant, including completeness of the application, the structure’s adherence to Building and other Code requirements, availability of parking and perceived impacts on circulation, noticing procedures and the ability of the listed emergency contact to perform the required functions.
Stew and Francine Errico, appellants, spoke in favor of the appeal stating that the vacation rental permit should be denied because the project application was incomplete, the approval was not notified according to the Municipal Code, and the emergency contact was incapable of performing the necessary duties required by the Municipal Code.
Patrick and Brenda Goroski, project applicants, spoke in opposition of the appeal and stated that they followed the city process.
Kathleen Kelly, project representative, spoke in opposition to the appeal and explained the roles of the emergency contact and how they satisfy the Municipal Code requirements.
Chair Martin opened public comment and the following comments were received:
Michelle Chariton, stated that an application cannot be changed after submittal, spoke about police activity responding to the vacation rental at 1170 Linda Drive, and inquired about the noticing for the short term rental at 1150 Linda Drive.
Jami Fordyce, inquired about the status of their refund for the appeal of the vacation rental approval at 1170 Linda Drive.
Chair Martin closed public comment.
The Commission discussed the staff process for reviewing vacation rental applications. The Commission recognized that vacation rentals are in important issue and urged staff to agendize a discussion about the ordinance with City Council as soon as possible.
Moved by Chair Martin
Seconded by Vice Chair Schiro
3 Adopted a Resolution denying Appeal Case No. 21-004 and approving Plot Plan Review 21- 029.
AYES (4): Chair Martin, Vice Chair Schiro, Commissioner Maraviglia, and Commissioner Guthrie
Passed (4 to 0)
8.b APPEAL TO PLANNING COMMISSION CASE 21-005; APPEAL OF PLOT PLAN REVIEW 21-033 AT 263 SPRUCE ST, UNIT D
Commissioner Maraviglia recused herself.
Assistant Planner Holub presented the staff report, which included information about the vacation rental ordinance, processing of vacation rental applications, and performance standards for vacation rentals. He also addressed objections raised by the appellant including concerns about availability of parking, an unpermitted structure in the garage of the residence where the rental is proposed, and parking within a fire lane.
Sharon Valienzi, appellant, spoke in favor of the appeal stating parking issues, emergency access, failure to comply with private covenants, conditions, and restrictions for the subdivision, and neighborhood disturbances are grounds for upholding the appeal. Ms. Valienzi expressed her disappointment with the permitting process because she feels that the neighbors should be notified with the submittal of an application, not after a decision has been rendered.
Chair Martin opened public comment and the following comments were received:
Alex Hughson, spoke about parking issues created by the short term rental.
Jason Motter, spoke about concerns about traffic, guests speeding on the private driveway, and disturbances caused by short term renters.
Laura spoke about parking issues caused by short term renters that were not problems with long term renters. She spoke about noise issues and safety issues due to lack of adequate lighting at the subject property.
Francine Errico, stated her disappointment with the permitting process and worried about the vacation rental permitted near her home.
Jami Fordyce, spoke about the differences between short term and long term renters and disappointment with the permitting process.
Stew Errico, spoke about concerns with the permitting process.
Alex Hughson read comments prepared by Paul Erb, stating parking issues and disturbance of the neighbors caused by short term renters are reasons to uphold the appeal.
Chair Martin closed public comment.
Ken Steitz, project applicant, stated that the appellants presented information that was not true and that his property is ideal for a vacation rental. He spoke about the parking situation and how the storage room in the garage was used for personal storage. He stated that the guests do not
4 block the fire lane when parked in the driveway and that his guests do not use the guest parking spaces on a full-time basis.
Elaine Steitz, project applicant, spoke about the unpermitted storage room and how it was constructed by the previous owner. They stated that the pictures presented by the appellants are inaccurate and do not accurately portray the parking situation.
The Commission agreed that the appellants bring valid concerns about vacation rentals in general, and that this is a poor location for a vacation rental, however they could not make the findings for denial. The Commission discussed the idea of conditioning the project to require guests to park in the garage to alleviate concerns regarding obstruction of the fire lane.
Moved by Commissioner Guthrie
Seconded by Vice Chair Schiro
Adopted a Resolution denying Appeal Case No. 21-005 and approving Plot Plan Review 21- 033.
AYES (2): Vice Chair Schiro, and Commissioner Guthrie
NOES (1): Chair Martin
ABSENT (1): Commissioner Maraviglia
Passed (2 to 1)
9. NON-PUBLIC HEARING ITEMS
None.
Commissioner Maraviglia rejoined the meeting.
10. NOTICE OF ADMINISTRATIVE ITEMS SINCE NOVEMBER 16, 2021
11. COMMISSION COMMUNICATIONS
Commissioner Guthrie inquired if there were any more appeals that needed to be heard by the Commission.
Vice Chair Schiro thanked the public for the fundraising efforts that allowed for the installation of the holiday lights in the Village.
12. STAFF COMMUNICATIONS
None.
13. ADJOURNMENT
The Meeting adjourned at 8:56 p.m.
5 _________________________
Patrick Holub
Assistant Planner
_________________________
Glenn Martin, Chair
MEMORANDUM
TO: Planning Commission
FROM: Brian Pedrotti, Community Development Director
BY: Patrick Holub, Assistant Planner
SUBJECT: CONSIDERATION OF APPEAL TO PLANNING COMMISSION CASE 21- 004; APPEAL OF PLOT PLAN REVIEW 21-029 FOR THE
ESTABLISHMENT OF A VACATION RENTAL; LOCATION – 1562
STRAWBERRY AVENUE; APPELLANTS – STEW AND FRANCINE
ERRICO, ET AL.
DATE: December 7, 2021
SUMMARY OF ACTION:
Adoption of the proposed Resolution would deny the appeal and approve the proposed project in accordance with the approval granted by the Community Development Director on September 28, 2021.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
In accordance with Chapter 3.24 of the Arroyo Grande Municipal Code (AGMC), vacation rentals are required to pay the City transient occupancy tax (TOT) in the amount of ten percent (10%) of the rent charged by the operator.
RECOMMENDATION:
It is recommended that the Planning Commission adopt a Resolution denying Appeal Case No. 21-004 and approving Plot Plan Review 21-029 (Attachment 1).
BACKGROUND:
Vacation Rental Permitting
On June 10, 2014, the City Council adopted Ordinance No. 663, establishing vacation rentals and homestays as permitted land uses in the City’s residential zoning districts, subject to the approval of a Minor Use Permit-Plot Plan Review (Attachment 2). During the development of Ordinance 663, both the Planning Commission and City Council had discussions about potential issues related to noise, parking, and other general nuisances, due to concerns expressed by some members of the public. The performance standards by which a vacation rental application is reviewed were generated from those discussions.
For example, an applicant is required to provide a local contact to address noise and
Planning Commission
CONSIDERATION OF APPEAL TO PLANNING COMMISSION CASE 21-004; APPEAL OF PLOT PLAN REVIEW 21-029 FOR THE ESTABLISHMENT OF A VACATION RENTAL; LOCATION – 1562 STRAWBERRY AVENUE; APPELLANTS – STEW AND FRANCINE ERRICO, ET AL.
December 7, 2021
general disturbance issues that may arise from a short term rental. A 300-foot buffer between rentals on the same street is required to prevent the oversaturation of short term rentals in a neighborhood. Ultimately, both bodies came to the conclusion that these concerns could be addressed by compliance with the performance standards and abiding by conditions of approval. Additionally, these issues were found to be similar to instances when long-term renters, homeowners, and even private guests of homeowners are the cause of these types of nuisances. A vacation rental includes additional protections, whereby the local contact is available to address any complaints and a property owner is motivated to comply with the conditions of approval to avoid possible revocation of the permit. Under the requirements of the Ordinance, the new vacation rental is conditioned to meet performance standards to minimize adverse impacts on adjacent properties, ensure appropriate conditions are implemented, and prohibit overconcentration of these uses in residential districts.
The Ordinance went into effect on July 10, 2014. Since that time, the City has permitted seventy-one (71) vacation rentals and forty-one (41) homestays, not including this application. In addition to this application, staff is currently processing applications for four (4) vacation rentals. Since the adoption of Ordinance No. 663, seven (7) permits that were approved by the Community Development Director for the establishment of a vacation rental have been appealed to the Planning Commission. All seven (7) of the appeals were denied by the Commission and the Community Development Director’s decision was upheld. Each of the previous appeals were denied due to the Planning Commission being able to make the required findings for the Plot Plan Review.
Property History
On September 28, 2021, the Community Development Director approved Plot Plan Review 21-029 for the establishment of a vacation rental at 1562 Strawberry Avenue. At the time of approval, notice of the Director’s approval were sent to all property owners within 300 feet of the subject property. The notice included the name and phone number of the applicant’s local contact person in accordance with Arroyo Grande Municipal Code Subsection 16.52.230.C.5, appeal information, and information about how to contact Community Development staff should there be questions about the project. The approval letter is included as Attachment 3.
On October 11, 2021, the appellants submitted an appeal of this determination to the Planning Commission. On November 12, 2021, the appellants submitted additional documents outlining the grounds for their appeal. The appellants’ appeal documentation is included as Attachment 4.
Planning Commission
CONSIDERATION OF APPEAL TO PLANNING COMMISSION CASE 21-004; APPEAL OF PLOT PLAN REVIEW 21-029 FOR THE ESTABLISHMENT OF A VACATION RENTAL; LOCATION – 1562 STRAWBERRY AVENUE; APPELLANTS – STEW AND FRANCINE ERRICO, ET AL.
December 7, 2021
ANALYSIS OF ISSUES:
Basis of the Appeal
The subject appeal indicated concerns about the completeness of the application, the structure’s adherence to Building and other Code requirements, availability of parking and perceived impacts on circulation, noticing procedures and the ability of the listed emergency contact to perform the required functions.
Vacation Rental Performance Standards
Arroyo Grande Municipal Code Section 16.52.230 outlines performance standards and conditions required for the operation of vacation rentals within the City. These performance standards and conditions are intended to ensure vacation rentals conform to the existing character of the neighborhood and do not create an adverse impact on adjacent properties. Applicable performance standards are included as conditions of approval to allow upfront understanding by the applicant of what the City requires for the operation of the vacation rental. Conditions include items such as having a structure consistent with the neighborhood, meeting applicable Codes, maintaining a local contact person, and limiting the number of guests allowed to occupy the rental.
Completeness of Application
The appellants have raised issue with the alleged incompleteness of the application for Plot Plan Review 21-029. For example, the appellants contend that the plans submitted as part of the Plot Plan Review application are inadequate. The checklist referenced by the appellants is intended for projects that propose new construction, rather than permitting a new use in an existing, permitted structure. Staff believes that the information included on the application provides staff with the required information in order to make the necessary findings for approval of the application. Recognizing that the “Minor Project Application” form is used for a wide array of application types, staff has made adjustments to the application form in order to more clearly indicate which fields are required to be completed for different permit types. These changes include clearly indicating that Section III, found on page three of the application, is not required to be completed for short term rental applications, which include vacation rental and homestay applications.
Code Compliance
The appellants have alleged that due to the information provided on the application, staff would be unable to verify whether the existing structure meets provisions of the California Building Code (CBC). During the review of the application, information provided by the applicant was cross referenced with City documentation to confirm that the existing structure was permitted, constructed and inspected according to standard City procedures. Furthermore, after approval of the application and before the applicant is able to rent the unit, the Building Division of the Community Development Department will conduct a safety inspection to confirm that the necessary life safety devices are installed and in working order. This inspection includes verification that the structure is in
Planning Commission
CONSIDERATION OF APPEAL TO PLANNING COMMISSION CASE 21-004; APPEAL OF PLOT PLAN REVIEW 21-029 FOR THE ESTABLISHMENT OF A VACATION RENTAL; LOCATION – 1562 STRAWBERRY AVENUE; APPELLANTS – STEW AND FRANCINE ERRICO, ET AL.
December 7, 2021
conformance with the City’s records regarding the structure as well as verifies that smoke detectors, carbon monoxide detectors, and fire extinguishers are installed as required by the current version of the CBC. Should any deficiencies become known before or during the safety inspection, the applicant will be required to address those deficiencies prior to obtaining their Business License, and therefore, will be unable to rent the unit until such deficiencies are corrected.
Parking
The appellants’ submittal included concerns that guests of the rental parking on the street could have impacts on circulation within the cul-de-sac and that parked vehicles could have impacts on emergency response or trash collection for the street. Strawberry Avenue is classified as a local street, and as such, is designed to accommodate sidewalks, two lanes of traffic with driveway access, and on-street parking within the rightof-way. As a local road, the Strawberry Avenue was designed to provide emergency access with the presence of on-street parking. Furthermore, the appeal documents allege that presence of game tables in the garage preclude the use of the garage for guest parking. The Municipal Code does not include a parking standard for vacation rentals, therefore the presence of any obstructions in the garage is not a basis for denial of a vacation rental application. However, because the game tables are not permanently installed in the garage, staff believes this to be a non-issue and parking vehicles within the garage is possible. Lastly, the appellants have taken the presence of these games tables to constitute a “home occupation” of the garage. The section of the Business License application that the appellants have taken to prohibit this use of the garage is in reference to businesses that have obtained a Home Occupation Permit, which is not applicable in this situation. A Home Occupation Permit is meant to allow a business owner to conduct more typical business activities from their home. These activities include contractors who store vehicles on their property or home office related activities. The prohibition of utilizing a garage as a home occupation does not apply in the scenario of a vacation rental. Furthermore, the use of a garage as part of a vacation rental is to be expected based upon the fact that a vacation rental most closely imitates a residential use of the structure.
Occupancy Limitations
Condition of Approval No. 9 limits overnight occupants of vacation rentals to two (2) persons per bedroom, and an additional two (2) people. This is to ensure rentals are not over occupied and detrimental to surrounding residences. An applicant is required to submit a floorplan as part of the application so staff can verify the number of bedrooms in a dwelling unit. At 1562 Strawberry Avenue, the single family residence has three (3) bedrooms, therefore the permit was conditioned to have no more than eight (8) overnight occupants (Attachment 5).
Planning Commission
CONSIDERATION OF APPEAL TO PLANNING COMMISSION CASE 21-004; APPEAL OF PLOT PLAN REVIEW 21-029 FOR THE ESTABLISHMENT OF A VACATION RENTAL; LOCATION – 1562 STRAWBERRY AVENUE; APPELLANTS – STEW AND FRANCINE ERRICO, ET AL.
December 7, 2021
Noticing Requirements
The appellants’ submittal on November 11th makes the claim that noticing requirements were not followed for this project. Specifically, the appellants allege that properties within the required 300’ radius were not notified. After conducting a thorough analysis of the properties notified of the Community Development Director’s decision, staff has concluded that owner of all of properties within a 300’ radius of the subject property were sent a copy of the approval mailer previously mentioned. The County of San Luis Obispo’s Geographic Information Systems (GIS) information indicates that there are thirty (30) parcels within 300’ of the subject property (Attachment 6). Staff believes that the fortyfive (45) parcels notified actually exceeded the noticing requirements of the AGMC.
Furthermore, staff believes that the appellants arrived at the total of sixty-nine (69) parcels in error due to the fact that “property owner” and “resident” labels were included in their mailing list. Only mailing labels for property owners within 300’ are required to be submitted with an application for a vacation rental, pursuant to AGMC Section 16.12.030.
Local Contact Person
Condition of Approval No. 6 requires the vacation rental operators to maintain a local contact person or entity, within a fifteen (15) minute drive of the property, to be available to resolve any issues resulting from the use of the residence as a vacation rental. This is meant to give neighboring property owners a primary means of addressing issues with the rental instead of relying solely on City services, such as Police, Neighborhood Services, and Community Development. If in the future the local contact changes, the applicants are required to notify the City of the new local contact and property owners within 300 feet would be mailed a postcard with the new contact information. As part of their application, the applicant identified two emergency contacts. The primary emergency contact is Erika McCann and the secondary emergency contact is Kathy Kelly. The appellants expressed concerns regarding the listing of two emergency contacts, stating that Ms. McCann was listed in an attempt to circumvent the City’s vacation rental performance requirements. Staff has spoken with the applicant and is confident that Ms.
McCann is able to perform the requirements of being listed as the primary emergency contact. Should community members have issues with the emergency contacts’ ability to abate concerns related to the rental unit, revocation of the permit could be a solution, subject to a public hearing before the Planning Commission. The AGMC does not prohibit an applicant from providing additional emergency contact persons that can assist in addressing concerns from neighbors.
Concentration Limitations
During the Council’s consideration of Ordinance No. 663, concerns were raised regarding the possibility that an overconcentration of vacation rentals and homestays could negatively impact the residential character of neighborhoods. In order to address this issue, the Council included separation requirements in the regulations that prohibit the establishment of a vacation rental within 300 feet of an existing vacation rental on the
Planning Commission
CONSIDERATION OF APPEAL TO PLANNING COMMISSION CASE 21-004; APPEAL OF PLOT PLAN REVIEW 21-029 FOR THE ESTABLISHMENT OF A VACATION RENTAL; LOCATION – 1562 STRAWBERRY AVENUE; APPELLANTS – STEW AND FRANCINE ERRICO, ET AL.
December 7, 2021
same street. The nearest permitted vacation rental is located at 1515 Elderberry Court, which is located approximately 175 feet northeast of the subject property (Attachment 7).
Although this property is within 300 feet of the subject property, the previously approved vacation rental is on a different street than the current application. Therefore, the address at 1562 Strawberry Avenue is eligible to be entitled as a vacation rental.
Megan’s Law
The appellant has reiterated concerns from a previous appeal that guests of the vacation rental could potentially be registered sex offenders and the proximity of the rental to school sites or locations where children congregate could cause safety issues. Staff would like to again state that while the safety of schoolchildren is of utmost concern, the transitory nature of vacation rental guests does not meet the reporting requirements of Megan’s Law. The law was intended to compel individuals to register their permanent (or semi-permanent) address with law enforcement so that they, and the public, would know where offenders are residing. Additionally, this gives law enforcement the opportunity to check up on registered individuals and allows residents to check if any registered offenders reside in their neighborhood.
ALTERNATIVES:
The following alternatives are presented for the Planning Commission’s consideration:
1. Adopt the attached Resolution denying Appeal Case No. 21-004 and approving Plot Plan Review Case No. 21-029;
2. Modify and adopt the attached Resolution denying Appeal Case No. 21-004 and approving Plot Plan Review Case No. 21-029;
3. Do not adopt the attached Resolution, take tentative action to approve Appeal Case No. 21-004, and provide direction for staff to return with an appropriate resolution including findings for denial of Plot Plan Review Case No. 21-029; or
4. Provide direction to staff.
ADVANTAGES:
Denial of the appeal and approval of the requested plot plan review would allow the applicants to establish a vacation rental in accordance with City regulations, and provide the applicants flexibility to use the home to generate supplemental income. The applicant would also collect and remit TOT from rentals which would be used to help maintain City streets and services.
DISADVANTAGES:
The establishment of a number of vacation rentals in an established neighborhood could impact the atmosphere developed in the neighborhood through time. Impacts to noise,
Planning Commission
CONSIDERATION OF APPEAL TO PLANNING COMMISSION CASE 21-004; APPEAL OF PLOT PLAN REVIEW 21-029 FOR THE ESTABLISHMENT OF A VACATION RENTAL; LOCATION – 1562 STRAWBERRY AVENUE; APPELLANTS – STEW AND FRANCINE ERRICO, ET AL.
December 7, 2021
traffic, property values, and neighborhood composition could be observed. However, concentration limitations and performance standards developed specifically for vacation rentals were intended to reduce this potential, including the designation of a local contact person to manage neighbor complaints and prevent overburdening City services.
Additionally, Citywide performance standards, including the Noise Ordinance, also apply to vacation rentals. If the vacation rental begins operating outside of any of these standards or the conditions of the permit, remedies are made available through the AGMC.
ENVIRONMENTAL REVIEW:
Staff has reviewed the project in accordance with the California Environmental Quality Act (CEQA) and determined that it is categorically exempt per Section 15301 of the CEQA Guidelines regarding existing facilities.
PUBLIC NOTIFICATION AND COMMENTS:
A notice of public hearing was mailed to all property owners within 300 feet of the project site, published in the Tribune, and posted on the City’s website and at City Hall on Friday, November 22, 2021. The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. At the time of report publication, no comments have been received beyond what was contained in the appeal forms.
Attachments:
1. Draft Resolution
2. Ordinance No. 663
3. September 28, 2021 Approval letter
4. Appeal form
5. Floor plan
6. 300’ notification radius
7. Vacation Rental vicinity map
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE DENYING APPEAL CASE NO.
21-004 AND APPROVING PLOT PLAN REVIEW CASE NO.
21-029; LOCATED AT 1562 STRAWBERRY AVENUE;
APPLIED FOR BY BRENDA GOROSKI; APPEALED BY
STEW AND FRANCINE ERRICO
WHEREAS, on June 10, 2014, the City Council adopted Ordinance No. 663, establishing vacation rentals and homestays as permitted land uses in the City’s residential zoning districts, subject to the approval of a Minor Use Permit-Plot Plan Review in order to ensure conformance with performance standards developed to protect the adjacent residential neighborhoods in which these uses would be located; and WHEREAS, on August 5, 2021, the applicant submitted an application for Plot Plan Review No. 21-029 for the establishment of a vacation rental in an existing, three-bedroom residence located at 1562 Strawberry Avenue; and
WHEREAS, on September 28, 2021, the Community Development Director approved Plot Plan Review No. 21-029 based upon the findings for approval of the permit; and WHEREAS, notice of the Community Development Director’s determination were mailed to all property owners within 300’ of the project site to alert them of the approved request to establish the vacation rental; and
WHEREAS, on October 11, 2021, an appeal of the approval was filed with the Community Development Secretary by Stew and Francine Errico, et al.; and WHEREAS, the Planning Commission has reviewed the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has determined that the project is exempt per Section 15301 of the CEQA Guidelines regarding existing facilities; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the project at a duly noticed public hearing on December 7, 2021; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, that the following circumstances exist and findings can be made:
Plot Plan Review Findings:
1. The proposed project is consistent with the goals, objectives, policies and programs of the Arroyo Grande General Plan;
Vacation rentals are allowed in the City’s residential zoning districts with ATTACHMENT 1
RESOLUTION NO.
PAGE 2
approval of a Minor Use Permit-Plot Plan Review. Approval of a Minor Use Permit-Plot Plan Review certifies that the land use or development will satisfy all applicable provisions of the Municipal Code and allows the approving body to develop reasonable conditions to ensure compliance.
Approval of a Minor Use Permit-Plot Plan Review enables issuance of a business license for use of the property as a commercial business.
2. The proposed project conforms to applicable performance standards and will not be detrimental to the public health, safety or general welfare; The Municipal Code mandates performance standards to ensure the public health, safety or general welfare. The existing residence meets the requirements of the Municipal Code and conditions of approval developed for this project ensure compliance with the Municipal Code and the protection of public health, safety or general welfare.
The proposed vacation rental is compatible with the neighborhood in which it is located in terms of landscaping, scale and architectural character. The use, as conditioned, is harmonious and compatible with the existing uses within the neighborhood.
3. The physical location or placement of the use on the site is compatible with the surrounding neighborhood.
The subject property is located within an established residential neighborhood in the Single Family zoning district, which is available for use as a vacation rental. The vacation rental will be located in an existing residential structure that is of sufficient size to accommodate the intended use. The subject property where the vacation rental is located is greater than 300 feet from an existing vacation rental on the same street.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby denies Appeal Case No. 21-004 and approves Plot Plan Review Case No. 21-029 based on the above findings and subject to the conditions as set forth in Exhibit “A”, attached hereto and incorporated herein by this reference.
On motion by , seconded by , and by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 7th day of December, 2021.
RESOLUTION NO.
PAGE 3
_______________________________
GLENN MARTIN
CHAIR
ATTEST:
_______________________________
PATRICK HOLUB
SECRETARY TO THE COMMISSION
AS TO CONTENT:
_______________________________
BRIAN PEDROTTI
COMMUNITY DEVELOPMENT DIRECTOR
RESOLUTION NO.
PAGE 4
EXHIBIT “A”
CONDITIONS OF APPROVAL
PLOT PLAN REVIEW 21-029
1170 LINDA DRIVE
CONDITIONS OF APPROVAL:
GENERAL CONDITIONS
1. This approval authorizes the establishment of a vacation rental in the threebedroom residence on property located at 1562 Strawberry Avenue.
2. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project.
3. The project shall occur in substantial conformance with the application and plans on file in the Community Development Department dated August 5, 2021.
4. This permit shall automatically expire on December 7, 2023 unless a business license is issued. Thirty (30) days prior to the expiration of the approval, the applicant may apply to the Community Development Director for an extension of one (1) year from the original date of expiration.
5. The applicant shall apply and be approved for a business license prior to conducting any business transactions on the premises.
6. The applicant shall agree to indemnify and defend at his/her sole expense any action brought against the City, its agents, officers, or employees because of the issuance of said approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney’s fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve the applicant of his/her obligations under this condition.
COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS
7. The operator shall maintain a contact person/entity within a fifteen (15) minute drive of the property to be responsible for responding to complaints regarding the use of the vacation rental in accordance with Municipal Code Subsection
16.52.230.C.5. The identified primary contact person is Nancy Tucker and she can be reached at 805-748-6880. The secondary contact person is Kathy Kelly and she can be reached at 310-717-8750.
8. The operator shall annually notify the Community Development Department of the name, address, and phone number of the contact person, at time of business license renewal.
9. The operator shall conspicuously post a written notice inside the vacation rental
RESOLUTION NO.
PAGE 5
with the name, address, and telephone number of the required contact person.
The notice shall also include the address of the vacation rental, the maximum number of occupants permitted to stay overnight in the unit, the maximum number of vehicles allowed to park on-site, the day(s) established for garbage collection, and the non-emergency number of the Arroyo Grande Police Department.
10. Based upon the size of the three (3) bedrooms in the main dwelling unit, a maximum of eight (8) guests may stay in the vacation rental at any one time (2 per bedroom and 2 additional guests).
11. No on-site advertising is permitted in conjunction with the vacation rental.
12. Payment of Transient Occupancy Tax is required per Municipal Code Section
3.24.030. Payment of Tourism Business Improvement District assessments is required per Municipal Code Chapter 3.46.
BUILDING AND LIFE SAFETY DIVISION CONDITIONS:
13. The applicant shall comply with the current California Codes including the specifically adopted City of Arroyo Grande provisions.
14. A safety inspection will be required prior to business license approval. Contact (805) 473-5454 for inspections.
ORDINANCE NO. 663
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AMENDING TITLE 16 OF THE ARROYO GRANDE
MUNICIPAL CODE REGARDING VACATION RENTALS AND
HOMESTAYS
WHEREAS, the City of Arroyo Grande ("City") currently does not regulate vacation rentals or homestays; and
WHEREAS, the City does regulate similar transient uses with similar impacts such as bed and breakfast inns; and
WHEREAS, the City Council finds that, unless properly regulated, vacation rentals and homestays can result in adverse impacts to adjacent properties; and WHEREAS, the purpose of these regulations is to ensure that vacation rentals and homestays conform to the existing character of the neighborhood in which they are located and do not create an adverse impact on adjacent properties; and WHEREAS, the increasing popularity of vacation rentals and homestays in the City the implementation of appropriate regulations to ensure that impacts are addressed and the character of existing neighborhoods is maintained, while providing an expanded type of lodging facility available within the City; and
WHEREAS, it is the purpose of this Ordinance to protect the public health, safety, and welfare within the City by establishing rules and requirements for vacation rentals and homestays; and
WHEREAS, after consideration of all testimony and all relevant evidence, the City Council has determined that the following Development Code Amendment findings can be made in an affirmative manner:
A. The proposed revisions to Title 16 are required to ensure consistency with the objectives, policies and implementation measures of the General Plan, particularly the Land Use Element, and is therefore desirable to implement the provisions of the General Plan.
B. The proposed revisions to Title 16 will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern.
C. The proposed revisions are consistent with the purpose and intent of Title 16 and satisfy the intent of Chapter 16. 08 of the Municipal Code and provide for internal consistency.
D. The proposed revisions to Title 16 are exempt under per Sections 15061( b)( 3) and 15308 of the California Environmental Quality Act (CEQA) Guidelines.
ATTACHMENT 2
ORDINANCE NO. 663
PAGE 2
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande as follows:
SECTION 1: The above recitals and findings are true and correct and incorporated herein by this reference.
SECTION 2: Arroyo Grande Municipal Code Section 16. 52.230 is hereby added as follows:
SECTION 16.52.230 —VACATION RENTALS
A. Purpose and intent. The purpose of these regulations is to ensure that vacation rentals located in the city conform to the existing character of the neighborhood in which they are located and do not create an adverse impact on adjacent properties.
B. Applicability. Vacation rentals may be permitted only with approval of a minor use permit. Vacation rentals shall comply with the property development standards of the underlying district and the performance standards and special conditions listed in Section 16. 52.230. C.
C. Performance standards and conditions for vacation rentals.
1. Operators of vacation rentals are required to obtain a minor use permitplot plan review (Section 16. 16. 080) and a business license.
2. Any proposed vacation rental shall be compatible with the neighborhood in which it is located in terms of landscaping, scale and architectural character. The use shall be harmonious and compatible with the existing uses with the neighborhood
3. All Building Code and Fire Code requirements for the level of occupancy of the vacation rental shall be met.
4. All environmental health regulations shall be met.
5. The operator of the vacation rental shall, at all times while the property is being used as a vacation rental, maintain a contact person/entity within a fifteen ( 15) minute drive of the property. The contact person or entity must be available via telephone twenty-four (24) hours a day, seven ( 7) days a week, to respond to complaints regarding the use of the vacation rental.
The contact person or entity shall respond, -either in person or by return telephone call, with a proposed resolution to the complaint within three ( 3) hours between 7: 00 am and 9: 00 pm, and within thirty ( 30) minutes between 9: 00 pm and 7: 00 am.
ORDINANCE NO. 663
PAGE 3
6. The operator of the vacation rental shall annually, at the time of renewal of the business license, notify the Community Development Department of the name, address and telephone number of the contact person required in subsection 16.52.230. C.6.
7. A written notice shall be conspicuously posted inside each vacation rental unit setting forth the name, address and telephone number of the contact person required in subsection 16. 52.230.C.6. The notice shall also set forth the address of the vacation rental, the maximum number of occupants permitted to stay overnight in the unit, the maximum number of vehicles allowed to be parked on- site, and the day(s) established for garbage collection. The notice shall also provide the non- emergency number of the Arroyo Grande Police Department.
8. On- site advertising of the vacation rental is prohibited.
9. The number of overnight occupants shall be limited to two persons per bedroom and two additional persons. A bedroom shall meet the minimum size requirements as defined in the Building Code.
10. All refuse shall be stored in appropriate containers and placed at the curb for collection every week.
11. The operator of the vacation rental shall pay Transient Occupancy Tax as required by Arroyo Grande Municipal Code Section 3. 24.030.
12. Establishment of a vacation rental within 300 feet of an existing vacation rental on the same street shall not be permitted.
13. Violations — violation of these requirements shall constitute grounds for revocation of the minor use permit pursuant to Section 16. 16. 220.
SECTION 3: Arroyo Grande Municipal Code Section 16.52.240 is hereby added as follows:
SECTION 16.52.240 — HOMESTAYS
A. Purpose and intent. The purpose of these regulations is to ensure that homestays located in the city conform to the existing character of the neighborhood in which they are located and do not create an adverse impact on adjacent properties.
B. Applicability. Homestays may be permitted only with approval of a minor use permit. Homestays shall comply with the property development standards of the
ORDINANCE NO. 663
PAGE 4
underlying district and the performance standards and special conditions listed in Section 16. 52.240.0.
C. Performance standards and conditions for homestays.
1. Operators of homestays are required to obtain a minor use permit-plot plan review (Section 16. 16. 080) and a business license.
2. Any proposed homestay shall be compatible with the neighborhood in which it is located in terms of landscaping, scale and architectural character. The use shall be harmonious and compatible with the existing uses with the neighborhood
3. All Building Code and Fire Code requirements far the level of occupancy of the homestay shall be met.
4. All environmental health regulations shall be met.
5. The operator shall reside on the premises.
6. Individual guest stays shall be limited to fourteen ( 14) days, with a sevenday period between stays.
7. On- site advertising of the homestay is prohibited.
8. A bedroom shall meet the minimum size requirements as defined in the L Building Code.
9. The operator of the homestay shall pay Transient Occupancy Tax as required by Arroyo Grande Municipal Code Section 3. 24.030.
10. Establishment of a homestay within 300 feet of an existing homestay on the same street shall not be permitted.
11. Violations — violation of these requirements shall constitute grounds for revocation of the minor use permit pursuant to Section 16. 16. 220.
SECTION 4: The following definitions in Arroyo Grande Municipal Code Subsection
16. 04.070. C. are hereby amended or added as follows:
16.04.070. C. Definitions
Bed and breakfast inn" means an owner-occupied dwelling unit where three (3) or more short-term lodging rooms and meals are provided for compensation or onsite signage is desired.
r
ORDINANCE NO. 663
PAGE 5
Homestay" means an owner-occupied dwelling unit where a maximum of two (2) shortterm lodging rooms are provided for compensation.
Vacation rental" means a structure being rented for less than thirty ( 30) days without concurrently being occupied by the owner/operator where the short-term lodging is provided for compensation.
SECTION 5: Arroyo Grande Municipal Code Section 16. 16. 080 is hereby amended to add Subsection B. 10 and Subsection C.6 as follows:
16. 16. 080.B. 10. Establishment of vacation rentals or homestays in applicable zoning districts identified in Table 16. 32.040-A and Table 16. 36. 030(A).
16. 16. 080. C.6. For plot plan reviews establishing the use of property for vacation rental purposes, the decision of the community development director shall also be mailed to all property owners of parcels within three hundred ( 300) feet of the property for which the plot plan review has been requested, in addition to the requirements of Section
16. 16. 080.C. 5. The notice shall indicate the appeal provisions of Section 16. 12. 150.
SECTION 6: Arroyo Grande Municipal Code Table 16. 32.040-A, entitled "Uses Permitted Within Residential Districts", Section A. Residential Uses is hereby amended to add Subsection A.17. as follows:
USE RE RH RR RS SF VR D-2.4 MF MFA MFVH MHP
A. Residential Uses
17. Vacation Rentals MUP MUP MUP MUP MUP MUP MUP MUP NP NP and Homestays
SECTION 7: Arroyo Grande Municipal Code Table 16. 36. 030(A), entitled " Uses Permitted Within Mixed Use and Commercial Districts", Section B. Services - General is hereby amended to add the following use:
USE VCD VMU
HCO D- 2. 11
OMU1
TMU D- HCO D= Specific
IMU D- 2. 11 2.4 D- 2.4 GMU FOMU HMU 2. 20
RC2 Use Stds
B. Services - General
Vacation Rentals and NP MUP MUP MUP MUP MUP MUP MUP NP 16. 52.230 Homestays 16. 52.240
SECTION 8: If any section, subsection, subdivision, paragraph, sentence, or clause of this Ordinance or any part thereof is for any reason' held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof.
The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional.
ORDINANCE NO. 663
PAGE 6
SECTION 9: Upon adoption of this Ordinance, the City Clerk shall file a Notice of Exemption pursuant to 14 CCR § 15062.
SECTION 10: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five ( 5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen ( 15) days after adoption of the Ordinance, the summary with the names of those City Council Members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance.
SECTION 11: This Ordinance shall take effect thirty ( 30) days from the date of adoption.
On motion of Council Member Barneich, seconded by Council Member Brown, and on the following roll call vote to wit:
AYES: Council Members Barneich, Brown, Costello, Guthrie, and Mayor Ferrara NOES: None
ABSENT: None
the foregoing Ordinance was adopted this 10th day of June, 2014.
ORDINANCE NO. (0493
PAGE 7
TONY F MAYOR
ATTEST:
Wgkitet'L--
KELLY ET j RE, CITY CLERK
APPROVED AS TO CONTENT:
S E ADAMS, CITY MANAGER
APPROVED AS TO FORM:
7n/VTIMVIO111Y J. CARME"C, CITY ATTORNEY
1
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached is a true, full, and correct copy of Ordinance No. 663 which was introduced at a regular meeting of the City Council on May 27, 2014; was passed and adopted at a regular meeting of the City Council on the 10th day of June 2014; and was duly published in accordance with State law (G. C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 12th day of June 2014.
i
1 I
KELL WE/ ORE, CITY CLERK
CITY OF
ARROYO GRANDE
CALIFORNIA
COMMUNITY DEVELOPMENT DEPARTMENT 300 E. Branch Street Arroyo Grande, California 93420 Phone: (805) 473-5420 Fax: (805) 473-0386 E-mail: [email protected] Website: www.arroyogrande.org September 28, 2021
Brenda Goroski
1562 Strawberry Avenue
Arroyo Grande, CA 93420
SUBJECT: PLOT PLAN REVIEW 21-029; ESTABLISHMENT OF A VACATION RENTAL IN THE SINGLE FAMILY ZONE; LOCATION – 1562 STRAWBERRY AVE; APPLICANT – BRENDA GOROSKI Dear Ms. Goroski:
On September 28, 2021, the Community Development Director approved the above-referenced project for the establishment of a Vacation Rental in an existing residence in the Single Family (SF) zoning district. This approval is based upon the following findings for approval:
FINDINGS FOR APPROVAL – PLOT PLAN REVIEW
1. The proposed project is consistent with the goals, objectives, policies and programs of the Arroyo Grande General Plan;
a. Vacation Rentals are allowed in the City’s Single Family (SF) zoning district with approval of a Minor Use Permit - Plot Plan Review.
b. Approval of a Minor Use Permit - Plot Plan Review certifies that the land use or development will satisfy all applicable provisions of the Municipal Code and allows the Community Development Director to develop reasonable conditions to ensure compliance. c. Approval of a Minor Use Permit - Plot Plan Review enables issuance of a business license for use of the property as a commercial business.
2. The proposed project conforms to applicable performance standards and will not be detrimental to the public health, safety or general welfare;
a. The Municipal Code mandates performance standards to ensure the public health, safety or general welfare.
b. The existing dwelling unit on site meets the requirements of Section 16.52.230 of the Municipal Code. c. Conditions of approval developed for this project ensure compliance with Section 16.52.230 of the Municipal Code and the protection of public health, safety or general welfare.
3. The physical location or placement of the use on the site is compatible with the surrounding neighborhood. a. The subject property is located within an established residential neighborhood in the Single Family zoning district, which is available for use as a Vacation Rental. b. The existing residence is available for Vacation Rentals, and is of sufficient size to accommodate the intended use.
c. The subject property where the Vacation Rental is located is greater than three hundred feet (300’) of an existing Vacation Rental on the same street.
In approving a Minor Use Permit-Plot Plan Review, the Community Development Director may impose reasonable conditions to ensure compliance with the Municipal Code. This approval is subject to the following conditions of ATTACHMENT 3
PLOT PLAN REVIEW 21-029
SEPTEMBER 28, 2021
PAGE 2
approval. Please review the conditions carefully. As the applicant, you are responsible to see that the conditions are implemented. This will involve working with the various departments that conditioned the project.
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
1. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project.
2. The applicant shall apply and be approved for a business license before conducting any business transactions on the premises.
3. The applicant shall agree to indemnify and defend at his/her sole expense any action brought against the City, its agents, officers, or employees because of the issuance of said approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney’s fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve the applicant of his/her obligations under this condition.
COMMUNITY DEVELOPMENT DEPARTMENT
4. The project shall substantially conform to the plans and descriptions on file in the Community Development Department dated August 5, 2021.
5. This permit shall expire on September 28, 2023, unless a business license is issued for the project.
6. The operator shall maintain a contact person/entity within a fifteen (15) minute drive of the property to be responsible for responding to complaints regarding the use of the vacation rental in accordance with Municipal Code Subsection 16.52.230.C.5. The identified primary contact person is Nancy Tucker and she can be reached at 805-748-6880.
7. The operator shall annually notify the Community Development Department of the name, address, and phone number of the contact person, at time of business license renewal.
8. The operator shall conspicuously post a written notice inside the vacation rental with the name, address, and telephone number of the required contact person. The notice shall also include the address of the vacation rental, the maximum number of occupants permitted to stay overnight in the unit, the maximum number of vehicles allowed to park on-site, the day(s) established for garbage collection, and the non-emergency number of the Arroyo Grande Police Department.
9. Based upon the size and location of the three (3) bedrooms in the single family residence and the character of the neighborhood, a maximum of eight (8) guests may stay in the single family residence as a vacation rental at any one time in accordance with Municipal Subsection 16.52.230.C.9 (2 occupants per bedroom and 2 additional occupants).
10. No on-site advertising is permitted in conjunction with the vacation rental.
11. Payment of Transient Occupancy Tax is required per Municipal Code Section 3.24.030. Payment of Tourism Business Improvement District assessments is required per Municipal Code Chapter 3.46.
PLOT PLAN REVIEW 21-029
SEPTEMBER 28, 2021
PAGE 3
BUILDING AND LIFE SAFETY DIVISION
12. The applicant shall comply with the current California Codes including the specifically adopted City of Arroyo Grande provisions.
13. A safety inspection will be required prior to business license approval. Contact (805) 473-5454 for inspections.
The decision will be reported to the Planning Commission on October 11, 2021. Per Municipal Code Subsection 16.16.080.C.6, a notice of the decision will also be mailed to all property owners of parcels within three hundred feet (300’) of the vacation rental. If you disagree with the Community Development Director’s decision, you may file an appeal to the Planning Commission no later than October 11, 2021 at 5:00 pm. If you have any questions, please contact the Community Development Department at (805) 473-5420.
Sincerely,
Brian Pedrotti
Community Development Director
Patrick Holub
Assistant Planner
cc: Building Official
Accounting Manager
ATTACHMENT 4
Section 5: Appeal Cover letter statement:
We, the appellants and neighbors, strongly appeal and call for an application denial to 1562 Strawberry Avenue’s application to become a Vacation Rental (VR) property.
The application submitted does not meet the performance standards for vacation rentals in multiple areas as this appeal will demonstrate. It is our intent to cause this application to be met with the result of a denial. We do not wish for our appeal efforts to serve as an opportunity to collaborate with the applicant or City’s efforts to help point out shortcomings to the applicant that lead to cooperative corrections based upon our appeal content, as appears to have occurred in a number of previous VR appeal actions in Arroyo Grande. It is our position that this VR is not an appropriate or legitimate development to our neighborhood, and that the application does not meet the standards required to be approved.
Beyond significant concerns relating to inappropriateness and unsuitabilies between VR’s with Neighborhood communities in general, there are additional substantial issues between this VR and our specific neighborhood. There exist a number of relevant restrictions and limitations that should have been addressed relating to this application, but do not appear to have even been considered through the process so far.
There is also the major fact that the PPR VR application filed for 1562 Strawberry Ave contains multiple seriously disqualifying attributes as outlined in this appeal package including violations of: due process, notifications, performance standards and requirements and of the VR application itself.
We, and our neighbors, did not move into this very special custom designed, and approved as such, family suitable neighborhood with a desire or expectation to live in close proximity to hotels, motels or short-term vacation rentals and thank you for your attention to this extremely important matter. This VR application also violates the intent and purpose of code for VR properties in close proximity to residential single family zoned neighborhoods.
The fact that the city are currently reassessing code and processes relating to VR’s only further highlights that the present processing for possible approvals of VR applications is out of synchronization with what VR’s are inappropriately trying to become.
Appendix A1 contains a copy of the Berry Gardens Specific Design Plan.
Appendix A2 is a small sampling of well documented typical VR complaints.
A general outline is listed on next page for your reference and convenience:
5. Appeal re: 1562 Strawberry Ave (PPR 21-029)
a. Invalid/Inappropriate/Flawed application
i. PPR checklist: issues, violations, & failures
1. Issues
a. Table I (form and comments)
ii. PPR application: issues, violations, & failures
1. Issues
a. Table II (form and comments)
b. Also violates terms of associated business license
2. Mailing list utilized is disqualifying
a. Tables III and IV
3. Local contact(s) is not valid
iii. Unique considerations/objections
1. Appropriate conditions and restrictions
2. VR usage conflicts with approved neighborhood design iv. Global considerations/objections
v. VR already exists within 300’ of the property application b. VR approval process presently in place is not appropriate i. Process and implementation is not appropriate
1. Motel style usage of VRs is a very negative development
2. Due process has not been followed
3. Time given to file an appeal is insufficient
4. Complaints and problems not properly processed or known about
5. VR’s are not adhering to city code
6. Specific VR suitability and conditions not being considered
7. Updated appropriate ordinances are needed
8. Offsite parking should not be allowed similar to county code
9. VR’s result in further losses to available and affordable housing which is already a serious problem in AG.
c. Appendix
a. Appendix A1: Berry Gardens design plan
b. Appendix A2: small sampling of well documented
typical VR complaints.
Appeal General Outline:
Plot Plan Review 1562 Strawberry Ave, Arroyo Grande, 93420 Application is incomplete resulting from the following items missing from PPR checklist completion:
2A. No location and dimensions mentioned on supplied drawings 2B. No scale or north arrow on drawings
2C No area location map with the distance to nearby cross streets and showing natural made landmarks on drawings
2D. No location, name, width and pavement type of adjacent street or alleys, and no location of existing curbs, gutter or sidewalks on drawings 2E No location, dimensions and use of existing and proposed structures on the property, including accessory structures, trash enclosures, deck, balconies, exterior lighting, structures, and other structural elements that protrude into the yard area (no inclusion of the hot tub and fire pit) noted on the drawings
2F. No location, dimensions, and types of existing and proposed utilities, including water supply, sewage disposal facilities, electricity, gas, or other utilities, Existing and proposed public and private easements missing from the drawings. 2 G. No location and dimensions of existing or proposed driveways and parking areas on the drawings
2 G1. No type of surfacing materials, parking spaces, aisles and flow of traffic noted on the drawings
2 G2. No parking spaces noted on drawings
2 G 5 No flow of traffic noted by arrows on the drawings 2 H No general location of any topographic or man made features o the site noted on the drawings.
2I No approximate location and general description, including species and trunk and canopy diameter of all trees upon the property noted on the drawings
3. No grading plans
5. No preliminary title report included
-Additional items that may have been missed by this assessment are likely. 5 a i 1
CITY OF ARROYO GRANDE
COMMUNITY DEVELOPMENT DEPARTMENT
PLOT PLAN REVIEW
300 E. BRANCH STREET | ARROYO GRANDE, CALIFORNIA 93420 | (805) 473-5420 www.arroyogrande.org | [email protected]
PAGE 1 OF 2
0The following list includes all of the items you must submit for a complete application. Some specific types of information may not apply to your particular project and, as noted, some items may only be required in certain circumstances. If you are not sure if a specific requirement applies to your project, please ask the Community Development Staff. A copy of this list will be used to check your application for completeness after it is submitted. If your application is not complete, a copy of the list will be returned to you with additional requirements noted.
FOR STAFF USE ONLY
DATE SUBMITTED DATE DEEMED COMPLETE CHECKED BY CASE NUMBER Applicant City REQUIRED ITEMS
☐ ☐
1. Completed application form and payment in full of applicable fees for processing the application.
☐ ☐
2. Seven (7) copies of a plot plan drawn using a standard engineer’s scale. (Approval necessary for use of scale smaller than 1:30, i.e., 1:40 or 1:50.) Plot plans shall be neatly and accurately prepared, enabling ready identification and recognition of submitted information, and folded to 9” x 12” size, showing:
☐ ☐
A. Location, exterior boundaries, and dimensions of the entire property that is the subject of the application.
☐ ☐ B. The scale of the drawing and a north arrow shall be indicated. ☐ ☐
C. An area location map showing the proposed project site and its distance from nearby cross streets and natural or man-made landmarks, as necessary to readily locate the site.
☐ ☐
D. The location, name, width, and pavement type of adjacent street(s) or alley(s), as well as the location of existing or proposed curbs, gutter, or sidewalk improvements.
☐ ☐
E. The location, dimensions, and use of all existing and proposed structures on the property, including accessory structures, trash enclosures, decks, balconies, fences, walls, exterior lighting structures, signs, and other structural elements that protrude into yard areas.
☐ ☐
1. When the use of a proposed structure is not certain at the time of application, the occupancy-type, as defined by the Uniform Building Code, may be submitted for use.
☐ ☐
F. The locations, dimensions, and types of existing and proposed utilities, including water supply, sewage disposal facilities, electricity, gas, or other utilities. Existing and proposed public and private easements shall be shown. ☐ ☐
G. The location and dimensions of existing or proposed driveways and parking areas (enclosed or open), including:
☐ ☐
1. Type of surfacing materials, parking spaces, aisles, and identification of any driveway grades over ten (10) percent. The flow of traffic should be noted by arrows.
5 a i 1 a
CITY OF ARROYO GRANDE
COMMUNITY DEVELOPMENT DEPARTMENT
PLOT PLAN REVIEW
300 E. BRANCH STREET | ARROYO GRANDE, CALIFORNIA 93420 | (805) 473-5420 www.arroyogrande.org | [email protected]
PAGE 2 OF 2
Applicant City REQUIRED ITEMS
☐ ☐ 2. Parking spaces.
☐ ☐ 3. Aisles.
☐ ☐ 4. Identification of any driveway grades over ten (10) percent. ☐ ☐ 5. The flow of traffic noted by arrows.
☐ ☐
H. The generalized location of any major topographic or man-made features on the site, such as rock outcrops, bluffs, streams and watercourses, or graded areas. A topographic map may be required by the Community Development Director. ☐ ☐
I. The approximate location and general description, including species and trunk and canopy diameter, of all trees upon the property or off-site but affected by the project. Include notations regarding their proposed retention and destruction, and notations regarding general type of vegetation in areas not occupied by trees.
☐ ☐ 3. Seven (7) sets of a grading plan and drainage plan (folded to 9” x 12” size). ☐ ☐
4. Seven (7) sets of preliminary floor plans (folded to 9” x 12” size), drawn using standard engineer’s or architect’s scale, for each story of each building or structure, showing the following:
☐ ☐ A. Location of walls, doors, and windows.
☐ ☐ B. Identification of activity areas.
☐ ☐
C. Placement of window and door locations on floor plans in coordination with the elevations.
☐ ☐
5. Preliminary landscape and irrigation plans prepared by a licensed landscape architect or as approved by the Community Development Director. ☐ ☐
6. An Administrative Sign Permit application may be required to be processed concurrently with the Plot Plan Review for any use proposed to have signs. ☐ ☐
7. An Architectural Review application may be required to be processed concurrently with the Plot Plan Review if modifications to the exterior of a building are proposed. ☐ ☐
8. Two (2) copies of a preliminary title report for the subject property dated within the last six months, as determined by the Community Development Director. ☐ ☐ 9. All plans submitted shall be collated and stapled on the short end of the plans. ☐ ☐
10. Electronic copies of all document submittals in PDF format on USB or CD. Electronic plans shall include one (1) high-quality version for reproduction and one (1) version optimized for web posting.
5.a.ii.1.a: application notes (also see copy of application (table II)) Violations of application of the plot -permit required for approval of Vacation Rentals include:
1) The application for 1562 Strawberry Ave is incomplete. See notes and attachments.
a) Dimensions are missing from the required floorplan. See attachments.
Additionally: This plot plan does not provide sufficient information to assess Item 3. performance criteria specifically All Building Code and Fire Code requirements for the level of occupancy of the vacation rental shall be met: Knowing The International Residential Code (IRC) includes requirements for building a bedroom and covers requirements, such as minimum square footage, ceiling height as well as emergency exits and electrical outlets, Fire life safety devices, carbon monoxide detector have been installed and fire protection equipment is installed (fire extinguisher included).
And: The California Code of Regulations, IRC Section R304.1 establishes that habitable rooms have a minimum area of 70 square feet, but we do not know the room sizes from the diagram.
And: Any proposed vacation rental shall be compatible with the neighborhood in which it is located in terms of landscaping, scale and architectural character. The use shall be harmonious and compatible with the existing uses with the neighborhood. But no house in this area has 8 people living in it.
b) Items missing from the backyard including hot tub and firepit. c) The garage is listed as part of the parking plan, but has been converted into a games room/living space which makes the space unavailable for the use of parking. d) Building size is not indicated. The planner needs this information to understand if it meets All Building Code and Fire Code requirements for the level of occupancy of the vacation rental shall be met.
e) Regarding omission of zoning and parcel size: Any proposed vacation rental shall be compatible with the neighborhood in which it is located in terms of landscaping, scale and architectural character. The use shall be harmonious and compatible with the existing uses with the neighborhood.
f) Anticipated number of clients is not indicated.
g) Night time lighting is not indicated: All Building Code and Fire Code requirements for the level of occupancy of the vacation rental shall be met. Night time lighting specifically speaks to the fire code chapter 10 egress + 18.120.080 Lighting in the residential lighting zone including footcandles of .3 5 a ii 1
h) Entities and/or indivduals with a financial interest in this project are not listed in section V as required, even though the property is owned by a trust. i) It does not appear that Kathy Kelly or Digs Vacation Rentals is an authorized agent for this application:
Cal. Code Regs. Section 999.326 - Authorized Agent (a) When a consumer uses an authorized agent to submit a request to know or a request to delete, a business may require the authorized agent to provide proof that the consumer gave the agent signed permission to submit the request. The business may also require the consumer to do either of the following:
(1) Verify their own identity directly with the business. (2) Directly confirm with the business that they provided the authorized agent permission to submit the request.
Because the application is substantially incorrect and was not complete, the application should be denied.
Further information Re: Parking:
Applicant claims 4 off street parking spots. They have converted the garage into a games room, complete with game tables, with no attempt to use the garage for its intended purpose of parking of cars (see attached photos). The driveway is very short, and any large vehicle will stick out into the pathway obstructing walkers etc. A problem has already recently arisen due to a contractor parking half way into the street obstructing traffic because he could not fit his truck and trailer in the driveway. Being a cul-de-sac, 4 additional parking spots on the road would create parking issues, in addition to creating difficulty for garbage trucks, street sweepers and service vehicles to turn around.
The applicants have in effect converted their garage space into a living space. It is noted that the applicant does not include this on the drawings submitted to the City Council. The Arroyo City Council code clearly states that to acquire a business license (which is required for a Vacation Rental) that “No home occupation shall be conducted in the garage. The garage must be kept clear for the parking of vehicles at all times.” In this instance the applicant is operating its business from a home in Arroyo Grande and using the garage for business purposes. Therefore, the applicant is violation and their application for a Vacation Rental should be denied.
Also: Per 16.16.210 - Business license clearance: 2a. Reuse of Existing Structures.
Approval of a business license application that proposes establishment of a different business in an existing building or structure shall be subject to the provisions of subsection (C)(1) of this section and, in addition, shall be subject to the following:
a. The proposed business site shall provide for the number of off-street parking spaces, driveway, and parking lot improvements as required by Chapter 16.56.
16.56.010 - Purpose and intent. The purpose of this chapter is to ensure the adequate provision of parking facilities proportionate to the needs created by the various land uses within the city. In providing adequate parking facilities, it is the intent of this chapter to: A. Alleviate or prevent on-site and off-site traffic congestion and hazards; B. Ensure the maneuverability of emergency and service vehicles; C. Provide safe, accessible, convenient, attractive, and well-maintained off-street parking areas; D. Protect residential neighborhoods from the effects of vehicular noise and traffic by uses in adjacent nonresidential districts. j) Emergency contacts listed are not valid. One is not associated with the application (Erika McCann), and the other (Kathy Kelly) is further than 15 minutes from the property.
CITY OF ARROYO GRANDE
COMMUNITY DEVELOPMENT DEPARTMENT
MINOR PROJECT APPLICATION
The purpose of this form is to advise the City of the basic components of the proposed project so that the City can accurately evaluate the proposal for compliance with applicable ordinances and policies. Providing accurate and complete information and plans will help ensure prompt processing of this application. Use additional sheets when necessary. Please be aware that applications that are inconsistent with the City's General Plan or Development Code will not be accepted as complete. The City is available to assist in filling out this form; please refer any questions to the Community Development Department and we will be happy to assist you.
FOR STAFF USE ONLY
DATE SUBMITTED DATE DEEMED COMPLETE CHECKED BY CASE NUMBER 08/02/2021 September 28, 2021 Patrick Holub PPR21-000029 COMPLETION OF THIS FORM IS NECESSARY FOR THE FOLLOWING APPLICATIONS. PLEASE INDICATE THE TYPE OF APPLICATION(S) YOU ARE REQUESTING:
Permit Type: Plot Plan Review
Permit Subtype: Plot Plan Review
INFORMATION TO BE SUBMITTED WITH THIS APPLICATION
A. Refer to the checklist (available from the Community Development Department) for those items required to be submitted for each type of project B. Include any other information that will help explain your proposal or better clarify your particular situation.
I. GENERAL INFORMATION
Applicant: Digs Vacation Rentals Phone: (M): (W): 805-975- 8338
Applicant's Address: PO Box 1771Templeton, CA 93465 Email: [email protected] Representative: Digs Vacation Rentals Phone: 805-975-8338 Representative's Address: PO Box 1771Templeton, CA 93465 Email: [email protected] Property Owner: GOROSKI FAMILY TRUST Phone:
Owner's Address: 1562 STRAWBERRY AVE
ARROYO GRANDE, CA 93420
Architect (if any): Phone:
Architect's Address: Email:
Engineer (if any): Phone:
Engineer's Address: Email:
Please indicate if correspondence should be sent to: all ✔
Applicant Representative Property Owner Architect Engineer 5 a ii 1 a: Table II
CITY OF ARROYO GRANDE
COMMUNITY DEVELOPMENT DEPARTMENT
MINOR PROJECT APPLICATION
II. PROJECT DESCRIPTION
Street Address: 1562 STRAWBERRY AV Zoning:
Assessor Parcel No.: 077131042 Parcel Size:
General Plan Land use Designation:
Legal Description of Existing Lot: CY AG TR 2471 LT 9
Building Sizes in Square Feet:
Existing Proposed
Describe the Proposed Project in Detail:
Vacation Rental EMERGENCY CONTACTS: Erika McCann Kathy Kelly
CITY OF ARROYO GRANDE
COMMUNITY DEVELOPMENT DEPARTMENT
MINOR PROJECT APPLICATION Page 115 of 350
III. COMPLETE THIS SECTION FOR LARGE FAMILY DAY ACRE PERMITS, PLOT PLAN REVIEWS, AND TEMPORARY
USE PERMITS ONLY
1. Indicate the proposed hours of operation (DAYS AND TIMES):
2. Estimate the number of employees
Total: Maximum Shift: Time of Maximum Shift:
3. Indicate the number of patrons, clients, customers, etc. anticipated:
Average per day: Peak Hours:
4. Number of off street parking spaces to be provided: (if applicable show breakdown as to use) Total: 4 Garage (enclosed): Yes Covered: Open:
5. Describe any night-time lighting that will be provided, including the type of lighting to be installed:
IV. COMPLETE THIS SECTION FOR CERTIFICATES OF COMPLIANCE, LOT LINE ADJUSTMENTS, AND LOT
MERGERS ONLY
Number of existing lots:
Size of existing lots (in square feet):
Number of proposed lots:
Size of proposed lots (in square feet):
CITY OF ARROYO GRANDE
COMMUNITY DEVELOPMENT DEPARTMENT
MINOR PROJECT APPLICATION
V. COMPLETE THIS SECTION FOR PROJECTS ALL
Due to recent interpretation and legal amendments to the Political Reform act of 1974, the City needs to be aware of all entities (i.e. corporations, lending institutions, etc. or individuals that may have a financial interest in the proposed project. All LLCs shall provide relevant Articles of Incorporation in order to disclose all financially interested entities. Please complete the following certification and provide your signature:
The following entities and/or indivduals have financial interest in this project: Page 116 of 350
5 a ii 1 a: Table IIb
5 a ii 1 a: Table IIc 1
5 a ii 1 a: Table IIc 2
Section 5a ii 2: Mailing list used is disqualifying
It is an essential part of due (and appropriate) process for the appropriate impacted citizens to be notified of a VR’s application. As per city code, all homes within 300 feet of the subject application property are to be included in notification.
That did not occur in this case, and as such is sufficient grounds for denial of the application.
Out of the only 45 addresses on the mailing list used by the applicant, including themselves, properties beyond the 300 feet which are not addresses for property owners within 300 feet are included in this total, and incorrect names are listed against addresses.
A cursory analysis indicates that a minimum of 69 properties fall within the 300 foot area. This number does not include the large number of individual units at the complexes at Oak Park Village apartments and Courtland Street Apartments.
The application approval process requires the applicant to provide a mailing list of ALL property owners with an 300ft radius of the proposed Vacation Rental. A map analysis indicates at least 69 properties fall within this area (including multiple residences). The applicants mailing list of only 45 owners/addresses, leaves a significant number of property owners who did not receive notification and therefore were forfeited the right to appeal. This is in violation of the application process and therefore the application should be denied.
Curiously, in the applicant’s 45 addresses provided, a number of them are residential addresses that are outside of the 300 foot buffer, but are not addresses of owners of properties inside the buffer further reducing the amount of correct and effective notification. There are also incorrect names of owners contained in the applicants list.
It would also seem at a minimum, reasonable, that tenants that are not home owners have a vested interest in the application for a VR within 300 feet of where they live. In this particular case, that covers in excess of 150 individuals in very close proximity that may not have received any notification at all of this VR application which will seriously impact them.
See table III (Properties within 300’ of 1562 Strawberry Ave) See table IV (The actual mailing list used for the VR application for 1562 Strawberry Ave)
5 a ii 2 Table III
----------Applicants mailing list----------
----------Applicant utilized mailing list----------
5 a ii 2 Table IV
----------Applicant utilized mailing list----------
----------Applicants mailing list----------
5 a ii 2 Table IV
Section 5a ii 3: Local single contact is invalid
On the mail circular advising the application of the VR and detailing the emergency contact, the applicant has listed two points of contacts which is not a single point of contact as it should be. Additionally one is not in accordance with the performance requirements of the City Council code anyway, and therefore another failure of the application.
These contacts listed are (1). The applicant’s mother who lives in Grover Beach and within a 15-minute drive of the VR property. (2). The applicant’s property manager, which is based in Atascadero (a disqualifying 40+ minute drive from the VR property) This is confusing for local residents, and the intent would seem to divert complaints to the property manager that is not within the required distance per required performance standards and not the required emergency contact per the City performance standards. It is noted that the mother would have no formal knowledge or direct dealings with the proposed vacation rental tenants and their booking and is only a point of contact of little relevance who might serve to field complaints back to the property manager. This is a disingenuous attempt to circumvent the City ordinances and requirements, which specifically states that it is the “Emergency Contact” who needs to be available 24 hours a day, 7 days a week, to respond to the complaints in person or by return telephone call.
Having a responsible contact that is not within a 15 minute drive from the proposed vacation rental is in violation of the application process and therefore the application should be denied.
The related Municipal code states: the contact person/entity – it is to be one person or one entity not a series of individuals it negates the process which was described in the ordnance being approved by the city council, it degrades the emergency and ability to meaningfully aspects of a contact if an alternate person thinks the other contact are the contact or no one picks up the phone at one or more contact points.
Definitions of 16.04.070 “shall” is mandatory - …”vacation rental shall, at all times while the property is being used as a vacation rental, maintain a contact person/entity”.
Two or more emergency contacts that is not the intent of the code See below performance criteria :
The operator of the vacation rental shall, at all times while the property is being used as a vacation rental, maintain a contact person/entity within a fifteen-minute drive of the property. The contact person or entity must be available via telephone twenty-four (24) hours a day, seven days a week, to respond to complaints regarding the use of the vacation rental. The contact person or entity shall respond, either in person or by return telephone call, with a proposed resolution to the complaint within three hours between seven a.m. and nine p.m., and within thirty (30) minutes between nine p.m. and seven a.m.
5 a iii 1 Considerations and Restrictions
It is highly probably that a VR will likely to create loud or unreasonable noise that disturbs others and is not in keeping with the character of the surrounding neighborhood (see attached list of sample complaints). There are children with medically diagnosed noise and light sensitivities which are exceedingly likely to be exacerbated by the presence and obvious implications of a vacation rental this near their home during the daytime and their bedroom when he is trying to sleep. In our instance, we would have to develop a new solution for our child’s bedroom location, as it currently overlooks the back yard of the vacation rental and is close enough to hear every conversation from the backyard and the adjoining areas. Exterior lights and light from flames also are distracting when left on beyond reasonable hours. Is it reasonable that we may have to move our child’s bedroom location to an alternate undesired location, and maybe even be forced to move house due to such disturbances (which will potentially occur again and again with every new guest).
Trash: Many complaints regarding vacation rentals detail the unpleasant pile up and smells from trash left from vacation rental guests, It is a fact that vacation rentals generate more trash than a normal residence. Our trash pick-up in Berry Gardens is Friday morning, and if someone is not responsible for putting out the trash on that day it would be left to pile up. Also, if the vacation rental guests put the trash on the curbside on Monday after they leave from their weekend stay, then the trash will stay on the street all week, reducing parking and leaving unsanitary conditions. Once the trash is collected, who is responsible for bringing the trash cans in off the road, especially as the property manager is located in Atascadero? Will the City provide additional collections when required, and how will they know when to do this? There is no current plan outlined in the VR application for trash management and this is clearly not in keeping with the existing character of the neighborhood and will create an adverse impact on adjacent properties.
Trash collection and the cul-de-sac of Strawberry Ave, where the vacation rental is to be located, is also made difficult because of existing parking on the street and the tight turn around at the end of the cul-de-sac, especially when trash cans are needed to be offset from the curb in order for the truck to pick them up (and consider each house has three trash cans each). The trash collection trucks need to do careful three point turns in order to avoid cars parked on the street. If there is additional parking created by the vacation rental this could mean that trash collection will be severely hampered.
Street Sweeper: The street sweeper could also be prevented from adequately cleaning the cul-de-sac, again due to being blocked by increased parking on the road and inability to get around the end of the cul-de-sac.
5 a iii 2:
Conflicts with approved design and objectives of Berry Garden Specific Plan (See Appendix A1).
Berry Gardens was proposed as a neighborhood housing development in September 1998, as detailed in the Berry Gardens Specific Plan, and provided the City with an additional 170 affordable homes to the Arroyo City area.
Specifically, the General Plan Policies section states the neighborhood should be built to be compatible with “Arroyo Grande’s rural, small town atmosphere”, and that the subdivision “encourage provision of homes that simulate a rural small town, custom home atmosphere”. The intent was to create a community neighborhood that was rural in feel and character.
Importantly it was designed to encourage “low and moderate income housing’’. It was not designed for investors to buy up housing stock for use as vacation rentals and lodging commercial businesses, and does not speak to being developed as a beach town tourism precinct with amenities, such as additional parking for more guests than the bedrooms allow, and trailers with beach vehicles and boats.
In fact it was designed so that garages and driveways would take parking off the roads and the community would enjoy walking safely around the neighborhood: “detached sidewalks with large landscaped “parkways” to provide for enhance pedestrian activity with residential areas.”
The plan’s purpose was to “create a diverse range of ownership housing types and enable a more compact single family detached and patio home residential pattern allowing for a higher density…. proposing smaller individual lots than conventional developments.” This meant that the “small town atmosphere” would be kept by neighbors being mindful of the sound transference between the very closely positioned houses due to the small lots. Lodging businesses and vacation rentals are often used for family gatherings and parties, which bring greater than usual sound disturbances, traffic and a clientele who often don’t care about those who are occupying residences around them.
The existence of vacation rentals as businesses lodges in this neighborhood clearly goes against the purpose and intent of the vacation rental code, which specifically says that they should “conform to the existing character of the neighborhood in which they are located and do not create adverse impacts on adjacent properties.” Vacation Rentals located in Berry Garden clearly do not conform to the character of Berry Gardens outlined in the Specific Plan and will create adverse impacts on adjacent properties, especially in relation to sound transference and parking.
There are many examples where the influx of out-of-town visitors upsets the peaceful enjoyment of long-standing residential neighborhoods (see attachment of sample
complaints). Short-term renters have no stake in the community, and therefore no reason to care how the neighborhood around them suffers from their vacation activities.
Vacation rentals decrease the ability for families to own and live in the neighborhood like Berry Gardens. They will take away from the purpose and intent of this neighborhood which was agreed on by the City Council and developed.
Section 5a iv Global considerations:
The Berry Gardens, Arroyo Grande area attracts people to live there for a number of reasons, but some of the most important and common ones include to live in an area conducive to raise a family and experience peaceful enjoyment. As much as it is a nice area, it is not compatible with a transient beach tourism. The housing lots in this community are by design quite small (refer to Berry Gardens Specific Plan) with very close neighboring properties where you can hear nearby home activity than most people would usually hear from a single-family residence. Residents did not move into this neighborhood with a desire or expectation to live next door or on the same street as proximity to hotels, motels, short-term vacation rentals or any type of lodging business. If the City has a need to support more tourism accommodation, they truly should consider supporting more motels and hotels in appropriate commercially zoned areas.
It is easy to understand circumstances often exist where a house that was previously a family home might be moved out of, and not sold. Life provides all of us with many changes. Many homes in those circumstances are turned into long term rental units.
Nothing about long-term rental units is a blatant compromise to the characterization of this neighborhood. But turning single family residences into short term Vacation Rentals and lodging businesses in this particular area turns the area into a strongly conflicting environment which it is not meant to be.
A persistent high tenant turnover from short-term vacation type renters brings many less desirable traits to an area. Unstable environment, higher traffic with a reduction in safety to the cul-de-sac that many of us moved here for our children to play in with expected light traffic, increased emissions of noise, local street parking issues, trash issues, a multitude of never-ending transient strangers around our susceptible children and senior citizens for short periods of time where the transients often have little incentive to behave in a neighborly way since they will only be there, on vacation, for a very short time, likely diminishment of property values, particularly to homes in close proximity to a vacation rental.
The proposed application for 1562 Strawberry Avenue as a Vacation Rental does not comply with the purpose and intent of the code and regulations, as this property, as a vacation rental, does not conform to the existing character of the neighborhood in which it is located and will create adverse impacts on adjacent properties and could impact over 500 residents who live within the 300ft buffer zone. Such impacts are not addressed by the current performance standards and ordinances and therefore the application should be denied. Here are a number of issues which do not conform to the existing character of the neighborhood and will cause adverse impacts on adjacent properties:
1) Noise transference and disturbance: The proposed vacation rental has a wall space of 14ft from its neighboring residential properties and shares a common fence-line with the Courtland Street Apartments. As such there is a great degree
of noise transference from both houses. If windows are open, conversations can be heard from the proposed vacation rental kitchen and living room, and from across the fence-line in the back yard. Noise and conversations (including any profanities) can also be heard by the 150 plus residents in the adjacent Courtland Street Apartments as well as neighbors to the left and right of the property in question. The owner of the proposed vacation rental is encouraging parties at the house, converting their garage to a games room (complete with 2 large game tables), and will market the yard with the hot tub and fire pit as places to congregate and potentially party. Similar marketing appears on the property management website for a property only blocks away: “Enjoying a BBQ with the whole gang. It is the perfect location for… 2 or 3 couples or a girl’s getaway.”
While there are restrictions by the performance standards relating to how many people can sleep in the house, there are no performance standards relating to how many people can visit the house (i.e. parties and family gatherings). With the potential of many more people being able to use the amenities this would have an adverse effect on the local community and not be in keeping with the character of the neighborhood. There are many complaints of vacation rentals actively being marketed as party houses with not just “adverse effects on adjacent properties,” but also for the entire neighborhood. (see sample complaint document for examples)
It is noted from the Berry Garden design plan “to enable a more compact single family detached and patio home residential patters, allowing a higher density… The project proposes slightly small individual lots than conventional developments.”
2) Visual disturbances: Many occupants of the multistory Courtland Street apartments can see directly in the rear yard of the proposed vacation rental.
Many of these occupants are families with young children. As such they may see visitors to the vacation rental have parties, get drunk, vomit, be naked in the hot tub, have sex, or other lude acts, in addition to be subject to smoke from marijuana. These apartment residents, because they are renters, would not have the ability to use the complaint system outlined in the ordinances. This creates an adverse effect on the local community
3) Megan’s Law, should apply to Vacation Rentals bookings. Those visiting could be on parole, have prior convictions for rape and pedophilia. With many families residing in the 300ft buffer, particularly in the Courtland Street apartments, this places a huge risk within the community and could create an adverse effect on the local community
a. Allowing Single Family residences either purchased or long term rentals can circumvent laws like SB-1143 which are housing restrictions intended
to prevent sex offenders from residing or renting near schools, parks and child care centers and to maintain public health, safety and general welfare. When a vacation rental is approved, we have created a short term transient nature accommodation allowing for a loop hole in the housing market which gets violent offenders closer to our parks and schools by providing accommodations hence the need for transient occupancy tax.
b. This VR is within 2000 feet of a park where children regularly gather, and Living Within 2000 Feet of a School or Park Where Children Regularly Gather is also addressed in a protected Penal Code section 3003.5(b), the law enacted by ballot initiative in 2006 prohibiting registered sex offenders from living within 2,000 feet of a school or park. 4) Security: Like the above-mentioned point, there are not backgrounds checks on potential renters of a VR. The fact that strangers come and go on a daily and weekly basis in a neighborhood is a security issue for a neighborhood. There have even been examples where guests of VR’s will lie on their application as to who is staying in the property, and as there is no on-site supervision or checks, rent the property for parties.
5) As water usage is an important issue for the City Council, the inability to regulate water usage at the proposed vacation rental could mean that excess water use would occur, adding to our drought-stricken city issues. Tourists often do not care about their water use, because they are not personally responsible for the water bill.
This can have an adverse impact on the local community, 6) Trash: There is only one trash collection for the street weekly, on a Friday. Which is very convenient for weekend renters that leave full trash cans behind for the majority of the week before it is picked up again on Friday. There are no provisions for who takes the trash out to the street and brings the trash cans in within the performance standards. Trash may be left out on the street for days before pick up, and the cans not brough back in for days after collection. This would add to the parking issue on the street, as well as create unsanitary situations, especially if the racoons and other animals raid the trash cans left on the street. This would also be amplified if there are multiple residents in a given week, where trash is left to build up. Inadequate trash management is not addressed by the performance standards and therefore the application should be denied on the adverse impact on the local community. An additional trash pickup could help to address this problem and should be a requirement.
7) Increase in traffic: As the house allows for an additional 4 cars, plus there will be increased traffic from frequent cleaners, tradespeople, and uber drivers, there will
be a substantial increase in traffic on a very small cul-de-sac. This could also lead to dangerous situations as many children play in the street, ride their bikes, and elderly and local residents often walk along the pathways. This would adversely affect the character of the neighborhood and create an impact on the local community. 8) Parking: Although parking is allocated to garage spaces in the VR application, the intent of the applicants is not to have the vacation rental vistiors park in the garage. (see attached photos of the garage turned into a games area). This leaves limited parking on the very short driveway and parking in the street. Any large vehicle parking in the driveway will stick out into the pathway, restricting residents use of the pathway. Being a cul-de-sac, 4 additional parking spots on the road would create parking issues for local residents, be difficult for garbage trucks, street sweepers and service vehicles to turn around. In addition, the main tourists to the area reside from the Valley who come to the county for the beach. As such they bring trailers of ATV, they come in RVs, and will bring boats and jet skis. Such traffic is seen only blocks away on Grand Avenue heading for the Drive-on beach every weekend. There are no regulations which restrict such items and no ordinance or performance standards to deal with such matters and therefore their existence on this small cal-de-sac would lead to an adverse effect on the local community without mitigations such as conditions in place.
It is also noted in the Berry Gardens Specific Plan that this subdivision was specifically created to reduce the need for parking in the streets: “Garages which are setback a minimum if twenty feet from back of sidewalk and ten feet behind living areas reducing the dominance of automobile parking as a residential design element.” To approve the application where the vacation rental does not have the off-street parking is in violation of the agreed building codes which governed the approval of developing Berry Gardens and in changing the scope of the neighborhood is not in keeping with the neighborhood and will have adverse effects on the community.
9) Security: The transient nature of vacation rentals and the limited means of vetting and controlling who is actually staying there could lead to an increase in crime in the area. The fact that neighbors do not know the occupants and that there are constantly strangers in the local community will have an adverse effect on the local community.
10) Loss of property values. Having a vacation rental and the adverse effects they can cause will lead to loss of property values for nearby residents. This is an adverse effect on the local community that is not dealt with in the performance standards or ordnances.
“In fact, a 2015 article in REALTOR Magazine stated that “A single-family home or condo unit next door to a short-term rental — where the occupants change every
few days — will take longer to sell and bring in lower offers.” https://travelonthehouse.com/hate-short-term-rentals/
11) Inability of renters to complain if needed: It is noted that renters, of which there are many who would be affected by the Vacation Rental, including at least two properties on the small Cal-de-sac and over 200 who are within the buffer zone at the Courtland Street Apartments and the Oak Park apartments. These valued residents in the community may not be provided with the “emergency contact” in order to deal with any disturbances and therefore may feel that have to live with any adverse effects. Being treated like second class citizens with no rights when it comes to Vacation Rentals is not dealt with in the performance standards and could have adverse effects on their way of living and even cause them to move.
12) Complaint Process: For a VR, “The contact person or entity shall respond, either in person or by return telephone call, with a proposed resolution to the complaint within three hours between seven a.m. and nine p.m., and within thirty (30) minutes between nine p.m. and seven a.m.” This is insufficient to deal with any unruly and disruptive behavior which needs immediate attention. The only recourse neighbors have is to call the police or deal with the issues (which are forced upon them) by themselves.
The above mentioned points are not typical issues with long-term renters, homeowners and even private guests of homeowners in relation to nuisance and are increased due to the increased number of guests an unrestricted vacation rental can attract. We are not aware of one single case where long term renters, homeowners, and guests have ever been a nuisance on Strawberry Ave or within Berry Gardens. It is incorrect for the City to make this assumption and reason as to justify that vacation rental tourists and local residents behave the same way. Berry Gardens was designed to create a sense of community and create a neighborhood environment.
The aim of this vacation rental is not to have occupancy during a short absence or personal vacation from the applying residence, but to make as much money for the owners as possible. Therefore, it is in their interest to have as many visitors as possible to fill every night in which they are making profit. Such turnover creates a motel like environment which is not in keeping with the neighborhood and has an adverse effect on the local community. The amount of turnover and disturbance this creates is not addressed by performance standards or current ordinances.
5 a v: Nearby VR already exists
A VR already exists within 300’ of the property application at 1510 Elderberry Ave.
That VR unit is not permitted to accept reservations for less than monthly terms. A commonsense minimum term like a month would help to mitigate a number of the problems that this appeal highlights.
5 b i b: VR approval process presently in place is not appropriate The issue of numerous Vacation Rentals (VR) properties being approved in established neighborhoods in single family residential zones is now a serious crisis in Arroyo Grande and appears to be getting much worse at an accelerating pace with little to no appropriate oversight of the process or what VR’s are inappropriately changing into. There is a huge difference in the impact to a community between a VR where property owners might rent out their home to a single family while they go on vacation for a few weeks per year and a VR that is effectively a motel for multiple simultaneous families year round. These circumstances are different enough where they should not fall into the same category for consideration of approval or permission to operate as a VR.
These developments are particularly unfair for families and properties that live near these VR properties which are often neither harmonious or compatible with the established neighborhood and they will suffer a dramatic and particularly adverse impact to the peaceful enjoyment, safety and community that they moved into and have deliberately become a part of.
From a review of a recent appeal relating to the house at 1170 Linda Drive (Case:
PPR21-018) it is already well documented that due process is not being followed by the local government in a number of critical areas, and that inappropriate actions are even taking place that undermine the process and public trust.
Our family recently received a notification in the US Mail that we live within 300 feet of the unit covered under PPR 21-029 (1562 Strawberry Avenue) indicating that approval has already been given for this action.
We, and our affected neighbors, were not given a fair and appropriate opportunity through due process to have our comments heard in an appropriate forum before a decision is made. This approval action took place during a meeting that was officially cancelled and had no agenda. Undue process coupled with a lack of opportunity for impacted parties to be heard nearly ensures that the application of reasonable conditions will not have the opportunity to be discovered, developed and applied to this case. In addition to being bad form and undue process it is a violation of the Brown act.
Although we filed for a copy for related records the next business day after receiving notification, we were advised that the request may not even be processed until after the closure of the appeal window further degrading our ability to provide an appropriate and meaningful response/appeal. Since then we have learned that there are non-compliances in the application, and that the performance standards and conditions have not been meet for this PPR.
There is clearly a much greater focus on rapid processing than on due process and following appropriate and fair procedure. To a resident like myself it is apparent that there is not appropriate oversight or checks and balances taking place in the process.
The reasonably similar case of 1170 Linda Drive (Case: PPR21-018) well documents in great detail many objections and concerns which also apply to PPR 21-029 (1562 Strawberry Avenue). In the interest of keeping this correspondence more manageable 5 b:
only this reference is made to that additional relevant material at this time, but it remains available upon request.
The failure of municipal codes and state statues (listed below) to be properly implemented has further greatly eroded the right to public process/ due process and freedom of speech:
The only option to have one’s opinion heard on such a critical civic matter should not be via the process of filing an expensive appeal. One would expect that government and community would be even more sensitive to such a consideration during a pandemic which have placed a number of families under a great deal of additional financial and other duress. It is our intent and preference to help facilitate appropriate action to be taken through a collaborative and reasonable request, such as this letter and speaking at public City meetings.
Although we feel it unjust both procedurally and financially, an official appeal has become necessary in this (PPR 21-029) instance, so we have taken that action. More detail on specific objections and concerns relating specifically to PPR 21-029 (1562 Strawberry Avenue) has been included in this appeal and more detail is in development.
We hope to aid in rectifying the overall developing VR crisis and the related lack of due process, to include our specific case.
It is a great further disservice to the city and our communities to eliminate so many opportunities for relatively affordable housing to be available to both future owners or renters to become long term residents and neighbors in Arroyo Grande.
We ask that fairness prevail and that PPR 21-029 as well as all other VR permits be placed on hold until such time as processes are corrected to ensure that municipal codes are being properly and professionally followed with an externally conducted audit verifying that result. Under the circumstances we also believe it appropriate for properties that have already undergone approval without due process be eligible for further
appropriate review, revision and possible revocations of previous determinations in the interest of protecting the public health, safety and welfare as well as the rights to due process.
We sincerely thank you for your time and attention to this most urgent matter and implore your assistance.
Complaints against Vacation Rentals (Small sample of many) https://www.sarasotamagazine.com/news-and-profiles/2019/10/airbnb “Private residential neighborhoods are not intended to be transient areas,” testified Lois Trotochau, who lives next door to 1406 Westway with her husband, David. Lois says the couple has been forced to plant more trees to buffer the noise coming from next door and has called the cops on multiple occasions. “There is no on-site management, no one to keep the rowdy parties under control, no limit on occupancy, no one to stop 4 a.m. spring break-type parties,” Lois Trotochau told city commissioners. https://sonomasun.com/2015/10/15/glen-ellen-group-vacation-rentals-are-ruining-our-town/ “Our specific complaints, for which we have documentation, include a dangerous increase in traffic. In addition to the cars associated with the renters themselves, we see additional traffic from renters’ guests, limos and busses transporting them to events, and people scouting the rentals.
The number of guests frequently exceeds the advertised guest limit Extra cars park in front of or in the driveways of neighboring properties. Renters frequently host parties, with music/outdoor speakers etc. extending past 10 p.m. The noise is extremely disruptive.” https://medium.com/s/story/heres-what-it-s-like-to-have-an-entire-house-airbnb-rental-as-aneighbor-1c2ffa0f5d45 “Despite it being outlawed in the house’s rules, tonight’s Airbnb guests have rented the place for a party. Sitting in our living room, we can hear the thump of the bass from their music. When it started, we stepped outside to assess the scene. Partygoers on the patio, a line of Ubers clogging the street, and two cars flippantly parked in our neighbor’s driveway — leaving nowhere for her own car when she returned home.
This weekend will no doubt end like all others have since our neighbor turned his spare house into a fully functioning hotel: The guests will leave, but the mounds of trash they produce will stay behind.”
https://www.keepneighborhoodsfirst.org/share_your_story “I have lived next to a short term rental for 3 years. My house was nearly broken into by an out of control party guest. The police are here every couple months, The pot, the music, the ubers, the parties are constant.”
https://travelonthehouse.com/hate-short-term-rentals/
“At the least, residents feel uncomfortable with waves of strangers coming and going in their neighborhood or building. A San Diego resident put it this way: “Uneasy questions abound: How will these strangers conduct themselves? Will they maintain and respect the tranquility of our neighborhoods, or are they just here for a good time …?” Appendix A2
“Those neighbors have good reason to be upset. Far too many short-term rentals are run by remote hosts and managers who don’t know or care who they rent to or how the guests use the property.
In the worst cases, “guests” turn their short-term rental into a money-maker by renting to other “guests” or even using the home as a party pad.”
“Many homeowners express concern that too many short-term rentals will reduce the value of their homes.
According to an opinion piece in the Voice of San Diego, “If sellers are now required to disclose to buyers even barking dogs and antagonistic neighbors, surely they will have to disclose the existence of commercial rental activity in the neighborhood.” In fact, a 2015 article in REALTOR Magazine stated that “A single-family home or condo unit next door to a short-term rental — where the occupants change every few days — will take longer to sell and bring in lower offers.”
https://sfist.com/2020/09/22/party-house-rental-in-sonoma-became-scene-of/ “A vacation rental just outside the city limits of Sonoma played host to a Friday night party with dozens of guests from outside the county, and the party ended with at least 30 shots fired.” https://www.oregonlive.com/crime/2020/12/four-shot-at-party-in-happy-valley-authoritiessay.html “Four young people ages 17 to 20 were shot during a party early Thursday at a vacation rental home in Happy Valley, according to the Clackamas County Sheriff’s Office.” https://www.islander.org/5-24-06/hb_porn_debate.php
“Holmes Beach Mayor Carol Whitmore wants to keep Holmes Beach from being known as a "swingers location," following the discovery two weeks ago that a local vacation rental house was being used by an adult entertainment club for sex parties (The islander, May 17).” https://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2019/06/21/wild-airbnbparties-bring-calls-for-crackdown “I’m concerned about the welfare of our families on Grove [Street], especially after what happened over the weekend. What’s the plan?” she asked. “Can we have something stricter? I know it’s an Airbnb and people have their right to make money, but is there something we can do to make the environment a little more regulated? My family’s home is directly across the street from the Airbnb. We’re a little concerned.”
Patterson was referring to the fracas in the wee hours of the morning, in which two people were shot and the alleged perpetrators sped off in a car, only to make an abrupt U-turn and fire more shots at the home on the way back, according to the Sacramento Bee.”
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ATTACHMENT 5
1 Patrick Holub
From:
Sent: Wednesday, January 12, 2022 3:36 PM
To: Brian Pedrotti; Patrick Holub
Cc: Whitney McDonald; Francine Errico
Subject: Appeal relating to 1562 Strawberry Ave
Attachments: Houses within 300 feet.JPG; AppealMailingListFull.pdf Gentlemen,
Here is the information you requested at our meeting yesterday relating to homes within 300 feet of the subject property:
The specific addresses listed below are a preliminary, and likely incomplete, listing of addresses that should have been included in the notification list utilized in the permit application, but weren’t. They are a good starting point, but it is extremely likely that there are additional properties that were also not properly notified. All properties within 300 feet are also visually indicated on the map attachment.
We recommend checking all of the addresses listed in the mailing list we provided with our appeal for falling within 300 feet of the property lines of the subject property. There may also be a few additional addresses that are not listed.
A copy of the full mailing list we filed in our appeal as well as a copy of the map indicating units that our research demonstrates need to be included in notifications is attached for your convenience (individual properties are indicated by red marks at each applicable property on the map).
Properties NOT notified that should have included:
1530, 1524, 1516, 1510, 1506 Elderberry Court 1581, 1565, 1553, 1529 Blackberry Ave. 1490, 1496 Strawberry Ave.
Thank you,
Stew and Fran Errico.
Property Owner Property Owner
Oak Park Village Apartments
ALEXANIAN CHARLES H &
CHRISTINA M
FERMIN RODERICK J ETA JOHNSON-FARIAS RACHEL L
ETCON
JORGENSEN JUSTIN & LISA
ALEXANIAN CHARLES H &
CHRISTINA M JOHNSON-FARIAS RACHEL L
ETCON
Courtland Street Apartments Lp A Ca
Ltd Pty
DEGOEDE ARTHUR S & KAREN A Property Owner Property Owner
IBUNA RICHARD L & JEVIR R
1 Patrick Holub
From: Whitney McDonald
Sent: Friday, January 28, 2022 4:35 PM
To: francine errico
Cc: S. Errico; Brian Pedrotti; Patrick Holub
Subject: RE: Appeal of Vacation Rental application for 1562 Strawberry Ave Good afternoon, Francine and Stewart.
It was my pleasure to coordinate a meeting with staff and to hear directly from you regarding your concerns. I am forwarding this email to Brian and Patrick for their review and further response on the contact person and notice questions.
While staff will provide their interpretation and responses on these issues, the City Council will ultimately make the decision on your appeal, which is scheduled for hearing on February 8th. In light of the upcoming appeal hearing, would you like this correspondence, including the follow‐up response from Patrick and Brian, to be included as part of the package that the City Council considers? I just want to make sure that the Council receives all of the information you would like them to consider.
Best regards,
Whitney
Whitney McDonald
City Manager
Administration
Tel: 805‐473‐5408 | www.arroyogrande.org
300 E Branch St | Arroyo Grande | CA | 93420
City Hall Business Hours: M‐Th 8:00 am ‐ 5:00 pm; Closed Fridays The information contained in this email pertains to City business and is intended solely for the use of the individual or entity to whom it is addressed. If the reader of this message is not an intended recipient, or the employee or agent responsible for delivering the message to the intended recipient and you have received this message in error, please advise the sender by reply email or phone and delete the message. Please note that email correspondence with the City of Arroyo Grande, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt by law.
From: francine errico < >
Sent: Friday, January 28, 2022 2:51 PM
To: Whitney McDonald <[email protected]>
Cc: S. Errico < >
Subject: Appeal of Vacation Rental application for 1562 Strawberry Ave Hello Whitney,
We would like to thank you again for making time to hear some of our concerns relating to our appeal of 1562 Strawberry Ave at our meeting on January 11.
We had hoped to hear back from the city staff regarding the issues we raised at this meeting and to give us a direction on our appeal to the city, which is schedule in 11 days time. Sadly we have had not correspondence since this meeting.
2 Since you needed to depart the meeting before we had concluded, we wanted to inform you of the discussion which continued after you left and our concerns going forward on the issue of the "local contact" which formed another part of our appeal.
We discussed with Brian and Patrick our concerns that the placing a "secondary" contact on the notification form (which was unusual and unprecedented) did not conform to the few required performance criteria of a "local contact" as specified in the Arroyo City Council Code of Ordinances pertaining to Vacation Rentals:
" The operator of the vacation rental shall, at all times while the property is being used as a vacation rental, maintain a contact person/entity within a fifteen-minute drive of the property. The contact person or entity must be available via telephone twenty-four (24) hours a day, seven days a week, to respond to complaints regarding the use of the vacation rental. The contact person or entity shall respond, either in person or by return telephone call, with a proposed resolution to the complaint within three hours between seven a.m. and nine p.m., and within thirty (30) minutes between nine p.m. and seven a.m. "
The inclusion of the invalid secondary contact, which was added after the city spoke directly with the applicant and the applicant specifically requested because their property manager (the secondary contact) was based in Atascadero, both the city and the applicant circumvented the ordinances. The second point of contact clearly does not fit the specified performance criteria and was intended to be an option as the only "point of contact" the applicant could come up with that is within a 15 minute drive of the Vacation Rental is a family member who would not be familiar with the vacation rental bookings and clients. Patrick and Brian spoke to this point by saying that they included it because they felt that the property manager would be in a better position to attend to any issues and would therefore be of benefit to the local community. While this may be true, when we are being told by yourself and others at the City that the Planning Commission and the Staff are only able to comply with the ordinances they have in place when considering VR applications, even if they are fundamentally flawed, the inclusion of a secondary contact outside that specified and permitted by the ordinances speaks to staff making their own determination and enabling the applicant to "get around" the ordinances in order to obtain a permit.
If the performance criteria no longer make sense then clearly then need to be changed or a second category added, but it is unreasonable and irresponsible to selectively disregard some of the small number of requirements that exist as official doctrine and are intended to protect the public.
This is likely another reason why the City of Arroyo Grande VR processes and procedures are in serious need of revision and will benefit from the pending revisit, however in other areas where one could argue that common sense should apply to inappropriate code, the City tends to take a position of needing to follow the existing approved doctrine, even when it clearly does not make sense as is the case for a large number of other VR permitting considerations.
So much damage is being done to the communities in our city while we wait for procedures to be corrected and revised. It should be obvious that all VR applications should be put on hold and not be eligible for approval until after the City’s delayed procedures revisit is completed with appropriate updates in place. In any instance we ask that the City look more closely at this section of our appeal, because we firmly believe that this is another grounds for the application to fail.
You may also remember at our meeting January 11 that the City staff were going to look into the implications of providing wrong information regarding the 300ft notification zone in the appeal recommendations to the Planning Commission and what implications this had moving forward. We are also still waiting to hear back on this issue.
As we are fast approaching the appeal date for the City Council meeting, we urgently request that you respond to these issues raised at our meeting last month and trust you are able to investigate these matters and are happy to discuss this in person with you either via phone or a zoom call should you require any further clarification or information.
We thank you for your time on this matter.
Yours sincerely
Francine and Stewart Errico
February 3, 2022
To the City Council members,
We the appellants, feel the appeal against PPR 21-029 1562 Strawberry Avenue was not given fair or due consideration by the Arroyo Grande Planning Commission on December 7 and in doing so the residents of approximately 11 properties were denied their right to be informed about the application for a vacation rental within the prescribed radius of the subject property and denied their right to appeal. Our appeal proved that a number of areas in the application were either invalid or not complete and on this basis the application should have been denied.
We were told by the staff at the city council that an appeal would only be successful if the application was in error or did not follow code. Our appeal demonstrated, not only was their application in error, but it also did not follow code.
City staff were negligent in their response to our 37-page document, leaving out relevant points and using arguments with conflicting and confusing information which led to the Planning Commission not having the correct and appropriate information needed to fairly address the appeal.
Our major issues of concern center around:
1. The 300ft notification zone. The area designated and detailed in the staff memo to the Planning Commission was concluded to be incorrect at our meeting with City staff on January 11. This means that a number of owners who should have been notified were not only denied their right to appeal in this process, but were also not provided with “local contact” and other relevant information. On this basis the application for the vacation rental should be denied.
2. The inclusion of a second contact person on the notification postcard was outside the scope and performance requirements of the current standards, which was also concluded at our meeting with City staff on January 11. Staff acted on their own determination and did not follow the standards, at the request of the applicant, and as such the application for the vacation rental should be denied.
3. The location of the proposed vacation rental at 1562 Strawberry Avenue, presents a unique situation in that it lies within a particularly high-density area. The 300ft notification zone from all property boundary takes in over 116 structures which house over 500 people. Most of the residents of these structures are not represented by the current performance standards and therefore have no way of reporting issues to the “local contact” because they are not directly provided with this information. Their safety and security in the neighborhood is not being considered and they are being treated like “second class” citizens. The application for the vacation rental in this high-density area should not be approved due to these unique and special circumstances.
4. As the appellants were advised by city staff and the Planning Commission that they approve vacation rentals based on the current standards and can only adhere to the ordinances as written, even if they are not in keeping with the changing landscape of vacation rentals within the City. We have cited three instances where staff have taken it upon themselves to determine what is rigid verses flexible code and what is not and then make their own judgement calls which lie outside the performance standards of code. This is inconsistent, confusing and wrong.
Their incorrect assessments and judgements are cause for the application for this vacation rental to be denied.