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Minutes of NCAC Regular Meeting-Oct. 20, 2010

 

NORTH COAST ADVISORY COUNCIL(NCAC)

MINUTES OF REGULAR MEETING

WEDNESDAY, OCT. 20, 2010

RABOBANK COMMUNITY ROOM, CAMBRIA

 

I Call to Order by Chair Joyce Renshaw at 6:30 PM .

 

II Special Tribute by Supervisor Bruce Gibson for Roger Lyons, Cayucos community member, and other members of SLO County medical community, who were victims of recent plane crash in Mexico.

 

III Roll Call, Establishment of Quorum, Agenda Review

Present: Gail Robinette, Marjorie Sewell, Bob McLaughlin, Bambi Fields, Gary Gall, Teri O’Rourke, Sigrid Castaneda, Joyce Renshaw, Tom Gray, Jeff Miller, Erwin Ohannesian, Clive Finchamp, Dawn Dunlap, Debby Mix, Mike Thompson,

Marty Munoz-Main, Laurel Stewart.

Excused: Ralph Covell, Mary Giacoletti, Stevan Rosenlind

Absent: Mac VanDuzer

 

IV  Public Comment Period-limited to items not on agenda and three minutes per speaker.

  1. Joe Cortez-candidate running for Sheriff. Brief overview of qualifications for office.
  2. Amanda Rice-Flagg Awareness of bullying Day.
  3. Sylvia Hanna-Advocate for quiet.  Noise pollution around town. Wants issue included in Vacation Rental Ordinance.
  4. Brian Morrow-noise issues now in town. Has concern re. vacation rentals in Cambria.

V  Consent Agenda-motion to accept passes unanimously.

VI  Public Agency Reports

 

  1. Public Safety. Todd Steeb, absent, replaced tonight by Jay Donovan for regular report.  In Cambria this past month, 268 calls for service, including 60 medical calls, 8 residential  and car thefts, 3 assaults and 21 alarms going off(weather-related).

Reminder to homeowners with alarms to list a contact person with their respective companies.

In San Simeon this past month, 31 calls for service, including 11 medical calls.

  1. Cambria Community Services District Report:  Al MacKinnon

 

Desal Drilling at Shamel Park-now occurring. Next Thursday, Oct. 28th, alternates to desal will be discussed. Question:  will there be a forum for the candidates?  Last time the NCAC hosted, but nothing is scheduled this year. All candidates have been interviewed by local radio station KTEA.

A.Rice- comment re. NCAC did not host the forum last year.  Was hosted by another group.

     3. Supervisor’s Report-Bruce Gibson

Supervisors Meeting yesterday. San Simeon Bridges bids are out.

Moonstone/Winsor-small project on that corner(trail connection)

Friends of Cambria Library-fundraiser coming up on Friday, Oct 22 at the Vet’s Hall.

Board of Supervisors-meeting re. compensation for all employees.

4.Planning Department Update-Airlin Singewald, absent. No Report.

Karen Null will be at Nov. 1 Land Use Meeting to speak re. EVENTS Ordinance.

VII OLD BUSINESS

  1. Traffic and Transportation Committee Report-Erwin Ohannesian, Chair

Introduces Ryan Chapman of County. Re. review of North Coast Circulation Study.  Document is updated  yearly.  No large projects recently.

Projects in Development-2010 –listed in order of priority

  1. Main St. to Tamson drive intersection-Traffic Signal: cost estimate: $235,000
  2. Main St. to Cambria Drive intersection-Traffic Signal: cost estimate: $235,000
  3. Park and Ride at Main St. and Eton Road-cost estimate: $60.000 Expected construction commencement: 2010
  4. Windsor Blvd/Main St intersection, Route 1 Traffic Signal for Frontage: cost estimate $235,000.  100% funding from impact fees. Expected construction    commencement: 2015
  5. Weymouth Street-intersection Route 1-traffic signal: cost estimate: $235,000 with $125,000 funding from impact fees.  Expected construction commencement: 2025
  6. Main Street intersection at Burton Drive-cost estimate: $235,000 with 100% of cost funded from impact fees. Expected construction commencement: 2015

Plus 4 other projects listed on NCAC Website.

D. Dunlap, question re. Area C fees being higher than Area D fees. Chapman says future goal is to combine Areas B, C and D.

Dawn Dunlap-many drainage problems and ditches in Area D.

Question re. Table 11 projects, (see above) re. traffic signal at Burton/Main Street.  Is that a done deal? No, says Chapman

Motion to support the North Coast Circulation Study.

Vote taken: 9 in favor, 1 opposed, 1 abstention.  MOTION PASSES.

2. Land Use and Project Review Committee:  Tom Gray, Committee Chair, presenting the Land Use Committee language to amend the proposed Vacation rental Ordinance.  John Busselle from the Planning Department  also present.

Chair Joyce Renshaw reviews rules of meeting, purpose of  NCAC advisory-only recommendations;   expectations for all participants of tonight’s meeting. Time limits for each speaker.

Public Comments will be taken after the presentation by John Busselle.  Then Council Comments will be taken.

John Busselle speaks re. County’s Amendment Proposal –reviews for 10 minutes.

Comments from audience:

  1. Barbara Roach-re. section J. Who are the field observers? Will they be the sheriff or county representatives? Busselle –an independent third party needs to verify.
  2. Shar Silva-signs in front of property-invites vandalism
  3. Tony Murchell-has vacation rental problems. Wants complaint reports made public.
  4. Shar Silva, Marine Terrace resident: Has 4-5 vacation rentals around her.  Vacationing families are not a problem for her.  Vacation rentals are reasonable alternatives  for families who cannot afford a hotel room. Reads her compilation of County’s financial loss per year if vacation rentals were not allowed.
  5. Brian Morrow-statistics needed instead of a broad brush to include all vacation rentals.  Appreciates County’s investigation of the problem.
  6. Sheril Bullock- 2 year full time Cambrian. Has a vacation rental in town.  Has had only 1 problem in 8 years. A local rental agency takes care of her vacation rental.  Hands out contract provided by the rental agency. Wants County and NCAC to work with rental agency personnel. Vacation rentals are not money makers.
  7. Richard Watkins-involved with VR since 1990s.  The Ordinance will create many problems.  The original Ordinance did not have any density requirements.  The unlicensed VR is the problem.  Increasing the restrictions/requirements increases the number of illegal vacation rentals.
  8. L. W. (did not want her name published). A Park Hill resident has an illegal vacation rental nearby and is concerned with illegal vacation rentals in Cambria.
  9. Bruce Gibson-County of SLO is happy to enforce illegal vacation rentals,  Enforcement is complaint-driven and all complaints remain confidential.
  10. Debra Burke-what is the exact number of complaints re. illegal rentals? Busselle says not many, but some are not reported since they may occur on the weekends when county offices are closed. Are there any written complaints?
  11. Bob Casper-many vacation rentals in Cambria and Cayucos.  Blames problems on illegal vacation rentals. It is difficult to interpret which “locations” are allowed.  States that Art Trinidad of the County had only 7 complaints last year.  All changes make business more restrictive.  Monterey and Carmel do not allow vacation rentals but a look at the internet listings under VRBO(vacation rental by owner) shows more than 200 listings in those towns. He knows of 10 illegal listings in Cambria alone.
  12. Ann Abram- Is pro business.  Problem with lack of code enforcement of noise.  Sympathizes with Cambrians who have to live next door to noisy neighbors . Would appreciate enforcement to be included as the major issue in the Ordinance.
  13. Janet Huff, vacation rental manager. Enforcement is top priority.
  14. Claudia Vanicky-(realtor and restaurant owner)- is in favor of vacation rentals. Restaurants in town need business brought by vacation rental users.
  15. Amanda Rice-some Cambrians live next door to noisy neighbors.
  16. Sherman Starr- if someone does not like something, rules and regulations are written and that is the wrong approach to problem solving. We should make it non-profitable for a problem vacation rental to exist.
  17. Gary Gall-Council  member. Agrees that the existing ordinance needs to be enforced.
  18. Dawn Dunlap-Council member. The County has no money to pay for enforcement.
  19. Bob McLaughlin, Council member from San Simeon.  No problem with vacation rentals, only with the owners.
  20. Richard Breen, realtor. What is the reason for this meeting? Has a vacation rental next door for 13 years and has had no problems.
  21. Mike Thompson, Council member.  Cambria Chamber of Commerce is in favor of vacation rentals.
  22. Dawn Dunlap-The English sentence structure used in the Ordinance is wanting.  Offers to “rewrite” the Ordinance for the County.
  23. Tom Gray-under Section J. (noise). Note that County comments are not included.
  24. Four members of the NCAC worked on the Ordinance, including Jim Bahringer (and others).

 

Tom Gray continues reviewing the Ordinance  Changes proposed by the NCAC.

Intent of Ordinance-Sec. A(purpose)

A certain level of restriction is necessary so residential character of neighborhoods stay as such.

Most licensed VR operate within reasonable rules.  Biggest problems seems to be the noise factor. 

Wording of the 7 day separation of time between allowed rentals is difficult to interpret and needs clarification.

It is not unreasonable to have a breathing period between rentals of 7 days.

Tom Gray reviews each section of the Ordinance one at a time.

 Jim Bahringer, Council member. Operates a Bed and Breakfast in town. Motels and vacation rentals all serve a certain customer.  Licenses should run with the land.  Existing licenses are grandfathered.

New licenses will be under effect of the Ordinance.

More Public Comments re. Ordinance

  1. Barbara Roach-second home owners may disrupt neighborhood quiet for times when they are present.  Reasonable enforcement, on a complaint basis.
  2. Teresa MacKinnon-objects to signs posted outside of each vacation rental with the name /phone number of the property manager. Signs are dangerous.
  3. Richard Breen-Placing signs in front of houses to be rented is a bad idea. The best vacation rentals are rented 35-40% of the year, especially during June through September.
  4. Amanda Rice-responsibility of being a good neighbor .  Notice sent to adjoining neighbors when license is to renew?
  5. Richard Warren-Is against signage. Perhaps a 3x 5 card outside of front door?
  6. Dan Parkinson-candidate for office. Speaks re. noise complaints and enforcement. Believes a well-managed rental agency is the best source for enforcement.
  7. Kathe Tanner-Question for Parkinson. How do you make property owners responsible. Parkinson responds:  by sending the property owner a ticket in the mail.
  8. Bruce Gibson-observation of the officer at the property site is needed.
  9. Bahringer-against the signs.  At close of escrow, list of vacation rentals should be issued.
  10. Bob Casper-appreciates the changes/work of the Land Use members in revising the Ordinance.
  11. Teresa MacKinnon-homeowner.  Is against signs. Signage in front of a home is equivalent to having accumulation of newspapers in one’s driveway.
  12. Richard Watkins- no new motels are planned for our area.  There is no benefit to limit the number of vacation rentals. It is a people problem, not a home or rental problem.  People’s behavior cannot be managed.
  13. Shar Silva-property managers came to meetings
  14. Verna Longwood-How does acquisition of licenses occur?

 

Council Comments(in addition to those listed above)

  1. Clive Finchamp-wording of Ordinance is not important.
  2. Dawn Dunlap-Are old houses rented as vacation houses?  (ref. to Sec. 1  23.08.165)

 

Mike Thompson-makes a Motion to table Ordinance Amendments and send them to a special ad hoc  Committee.

Vote on Motion:  8 in favor, 2 against, 1 abstain

Motion Passes.

Main-will Mike Thompson be heading the Special Ad Hoc Committee? 

Shall we send all our comments to the County?

Dawn-Should we dump the mess on them?

Gail Robinette-on Land Use Committee, Council member. Only those against the Ordinance seem to have attended this meeting.  We need to police our own. Recommends all council members to review each section and prepare to vote on each of the changes by November meeting.

Steve Cole-in favor of getting opinions from different factions. In agreement with reworking the Ordinance.

Laurel Stewart-prefers a neighbor rather than a transient person next door.

People who have problems with vacation rental problems should also be on the Ad Hoc Committee.

Dawn-does this have to be completed by January?  Busselle says no.

Jeff  Miller, Council member. On Land Use. The issue should continue with this same committee, not start over from the beginning again.

Barbara Crowder-We are derailing the whole issue by having a new committee.

John Lamb-prior Council member for 4 years. Sums up the history of vacation rental issue in Cambria over the years. The Draft is a culmination of all of that work.  Starting over from the beginning again/redoing 2-3 years of work not a good idea.

Motion to rescind the former Motion made by Mike Thompson.

Vote:  10 in favor

            1 opposed(Laurel Stewart)

Dawn makes a Motion to have each blue section reviewed by each council member tonight.

Vote :  4 in favor,  8 against

Motion does not pass.

Supervisor Gibson-praises audience for civil conversations/comments. 

Verbatim inclusions not necessary.  Reworking the Ordinance may be done as a critique, stating the direction in which the Council desires to go.

Jeff Miller, Council member. Summaries should go to Land Use Chair or to Joyce.

Mike Thompson, Council member. Which items are not under dispute?

Bob McLaughlin-Motion made for issue to go back to Land Use Committee after review of each Blue Section.

G. Robinette –not in agreement.

Vote on Motion:  3 in favor, 7 against, 1 abstention. 

Motion does not pass.

Motion  made by Marty Main for each Council member to take the Ordinance home tonight, read each section carefully and vote in favor or not. Return to November meeting with decision made for each section.

Vote on Motion:  11 in favor.

Motion passes unanimously.

(added: To save time, a section-specific Voting Ballot will be sent via email to each Council member, with space for comments- please vote yes or no for each section and  return at November meeting)

VIII NCAC Reports

  1. Environmental Report-Mary Giacoletti, absent. No report.
  2. Chair’s Report(taken from agenda)

Next month (November) the Land Use committee will be looking at the Draft of Proposed amendments to the Event Ordinance at 6:30 PM November 1, 2010 at Rabobank Community Room.

IX  Adjournment by Chair Joyce Renshaw at 9:20 PM.

 Respectfully submitted, Marty Munoz-Main, Recording Secretary