HomeMy WebLinkAboutMinutes 2022-09-27 CITY OF
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ACTION MINUTES
gU�A L10 R ry i A�W REGULAR MEETING OF THE CITY COUNCIL
September 27, 2022, 6:00 p.m.
Hybrid City Council ChamberNirtual Zoom Meeting
215 East Branch Street, Arroyo Grande
Council Members Present: Mayor Ray Russom, Mayor Pro Tem George,
Council Member Barneich, Council Member
Paulding, Council Member Storton
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,
Community Development Director Brian
Pedrotti, Associate Planner Patrick Holub,
Police Chief Michael Martinez
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 conducted in a hybrid in-person/virtual format.
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.
5.b. Ordinances read in title only
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Moved by Mayor Ray Russom
Seconded by Council Member Barneich
AYES (5): Mayor Ray Russom, Council Member Barneich, Council Member Paulding, Council
Member Storton, and Mayor Pro Tern George,
Passed (5 to 0)
6. SPECIAL PRESENTATIONS
6.a. Update Regarding Countywide COVID-19 Efforts
City Manager McDonald provided a brief update on COVID-19 which included information on
the new data dashboard the County is using for reporting COVID-19 statistics.
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 thanked everyone involved in their efforts in making the Harvest
Festival a success; provided an update on the progress of the Elm Street playground project;
announced that the new County animal shelter is now open; and provided information regarding
the 5Cities Homeless Coalition cabin project in Grover Beach.
Assistant City Manager/Public Works Director Robeson informed the public of a planned street
closure on South Mason Street for removal of a tree on October 14, 2022.
Mayor Ray Russom invited public comment. Speaking from the public were Krista Bandy and
Peggy Coon. No further public comments were received. Director Robeson responded to
questions from the public.
No action was taken on this item.
6.c. Honorary Proclamation - Native American & Indigenous Peoples Heritage Month 2022
Mayor Ray Russom read the Honorary Proclamation declaring October 2022 Native American &
Indigenous Peoples Heritage Month. Slo'w Victor Gutierrez accepted the proclamation.
Mayor Ray Russom invited public comment. No public comments were received.
No action was taken on this item.
6.d. Honorary Proclamation - Fire Prevention Week 2022
Mayor Ray Russom read the Honorary Proclamation declaring October 9 - 15, 2022 Fire
Prevention Week. Five Cities Fire Chief Lieberman accepted the proclamation and commented
that Five Cities Fire Authority will be hosting an Open House at Station 1 in Arroyo Grande on
Saturday, October 8th.
Mayor Ray Russom invited public comment. No public comments were received.
No action was taken on this item.
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7. COMMUNITY COMMENTS AND SUGGESTIONS
Mayor Ray Russom invited public comment. Speaking from the public were Mike Drees and Jeff
Edwards. No further public comments were received. Assistant City Manager/Public Works Director
Robeson responded to questions from the public.
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.
Council pulled Item 8.k. for a separate vote.
Council commented on Items 8.i. and 8.1.
Mayor Ray Russom invited public comment. Speaking from the public was Krista Bandy. No further
public comments were received.
Moved by Council Member Storton
Seconded by Mayor Ray Russom
Approve Consent Agenda Items 8.a. through 8.m., with the exception of item 8.k., with the
recommended courses of action.
AYES (5): Council Member Storton, Mayor Ray Russom, Council Member Barneich, Council Member
Paulding, and Mayor Pro Tem George
Passed (5 to 0)
8.a. Consideration of Cash Disbursement Ratification
Ratified the attached listing of cash disbursements for the period of August 16 through August
31, 2022.
8.b. Consideration of Adoption of a Resolution Declaring a Continued Local Emergency
Related to the COVID-19 Pandemic and Authorizing the Continuance of Remote
Teleconference Meetings of the Legislative Bodies Pursuant to Government Code
Section 54953(e)(3)
Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DECLARING A CONTINUED LOCAL EMERGENCY RELATED TO THE
CORONA VIRUS (COVID-19) PANDEMIC AND AUTHORIZING THE CONTINUANCE OF
REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY
OF ARROYO GRANDE PURSUANT TO GOVERNMENT CODE SECTION 54953(e)".
8.c. Consideration of Adoption of a Resolution Approving the Amended and Restated
Contract Between San Luis Obispo County Flood Control and Water Conservation
District and the City of Arroyo Grande for Water Supply from Lopez Reservoir
Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE MAKING RESPONSIBLE AGENCY FINDINGS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEQA) FOR THE AMENDED AND
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RESTATED WATER SUPPLY CONTRACT PROJECT FOR ZONE 3 AND APPROVING
EXECUTION OF AN AMENDED AND RESTATED WATER SUPPLY CONTRACT WITH THE
SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT".
8.d. Consideration of First Amendment to the Communications Site Lease Agreement
("Lease") with T-Mobile West, LLC ("T-Mobile"), for the Operation of a
Telecommunications Facility Located at Branch Mill Road (Reservoir 4)
Approved the First Amendment to the Communications Site Lease Agreement ("Lease") with T-
Mobile West, LLC ("T-Mobile"), successor in interest to Cingular Wireless, for the operation of a
telecommunications facility located at Branch Mill Road, commonly known as the Reservoir 4
site.
8.e. Approval of Minutes
Approved the minutes of the Regular City Council Meeting of September 13, 2022.
8.f. Consideration of Conflict of Interest Code Biennial Review and Resolution Amending the
City of Arroyo Grande Conflict of Interest Code
Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING AN AMENDED CONFLICT OF INTEREST CODE FOR
DESIGNATED POSITIONS".
8.g. Consideration of an Agreement for Police Fleet Lease and Purchase and Resolution
Declaring Vehicles as Surplus
1) Authorized the purchase of(a) thirteen (13) vehicles from Mullahey Ford, (b) vehicle fleet
upfitting from Dana Safety Supply, (c) MDC Computers from Code3 Technologies, and (d) dash
cameras from Safe Fleet; 2) Authorized a financing agreement for nine (9) Patrol vehicles and
upfitting for a total not to exceed the amount of$749,103, through a 4-year municipal lease from
Holman Capital Corporation at an APR of 4.57% (4 annual payments of approximately
$201,583); 3) Authorized the cash purchase of four (4) vehicles and upfitting not to exceed the
amount of $204,395; 4)Adopted a Resolution entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING FOURTEEN VEHICLES AS
SURPLUS AND AUTHORIZING THEIR SALE OR DISPOSAL'; and 5) Authorized the City
Manager to execute all necessary documents.
8.h. Consideration to Award Construction Contract to G. Sosa Construction, Inc. for 2022
Pedestrian Crossing Improvement Project, PW 2021-08, and Authorization of Budget
Adjustment for $90,618 from Unexpended FY 2021-22 CIP Budget Funds
1) Awarded a construction contract to G. Sosa Construction, Inc. in the amount of$321,202.75
and authorized the City Manager to approve change orders for up to 10% of the contract
amount, $32,120.25, for unanticipated costs during the construction phase of the project
(construction contract costs = $321,202.75 + $32,120.25 = $353,323); and 2) Approved a
budget adjustment to appropriate $90,618 from unexpended FY 2021-22 Capital Improvement
Program budget funds to cover the subject project expenditures.
8.i. Monthly Water Supply and Demand Update
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Received and filed the monthly Water Supply and Demand Report.
8.j. Consideration to Adopt a Resolution Pursuant to Public Contract Code Section 22050
Determining to Continue Work Under Emergency Contracts for the FCFA Station 1
Emergency Generator Replacement Project, PW 2021-09
1) Received and filed an update of the emergency generator replacement project at the FCFA
Station 1; and 2) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE DECLARING FOURTEEN VEHICLES AS SURPLUS AND
AUTHORIZING THEIR SALE OR DISPOSAL".
8.1. Consideration of Temporary Use Permit 22-011 Authorizing the Temporary Closure of
Branch Street for Halloween in the Village on Monday, October 31, 2022; Applicant—
Krista Bandy
Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING TEMPORARY USE PERMIT CASE NO. 22-011
AUTHORIZING "HALLOWEEN/N THE VILLAGE"ON MONDAY, OCTOBER 31, 2022 AND
DIRECTING STAFF TO IMPLEMENT RELATED SAFETY MEASURES INCLUDING NO
PARKING ZONES AND STREET CLOSURES; APPLIED FOR BY KRISTA BANDY"
8.m. Consideration of Adoption of a Resolution Amending the Citywide Combined Salary
Schedule to Establish a Pay Schedule for a Temporary Part-Time Acting Capital
Improvement Project Manager
Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING THE CITYWIDE COMBINED SALARY SCHEDULE AND
ESTABLISHING A PAY SCHEDULE FOR THE POSITION OF TEMPORARY PART-TIME
ACTING CAPITAL IMPROVEMENT PROJECT MANAGER".
8.k. Consideration of Adoption of an Ordinance Amending Title 16 of the Arroyo Grande
Municipal Code Regarding Accessory Dwelling Units and Adoption of a Resolution
Approving an Accessory Dwelling Unit Fee Waiver Program
Council Member Barneich declared a conflict of interest and recused herself.
Mayor Ray Russom declared a conflict of interest due to owning an ADU and recused herself.
Mayor Pro Tern George presided.
Moved by Mayor Pro Tern George
Seconded by Council Member Paulding
Adopted an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL ADOPTING
AMENDMENTS TO TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE(AGMC)
REGARDING ACCESSORY DWELLING UNITS; LOCATION- CITYWIDE", and a Resolution
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
PROVIDING FOR AN ACCESSORY DWELLING UNIT FEE WAIVER PROGRAM". City
Attorney Carmel read the full title of the Ordinance.
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AYES (3): Mayor Pro Tem George, Council Member Paulding, and Council Member Storton
ABSENT (2): Mayor Ray Russom, and Council Member Barneich
Passed (3 to 0)
9. PUBLIC HEARINGS
9.a. Discussion and Consideration of Introduction of Ordinance Amending Title 16 of the
Arroyo Grande Municipal Code Regarding Short Term Rentals (Vacation Rentals and
Homestays); Development Code Amendment 22-002
Mayor Ray Russom returned to the meeting and presided.
Council Member Barneich declared a conflict of interest and left the meeting.
Mayor Pro Tern George declared a conflict of interest and left the meeting.
Mayor Ray Russom noted that due to the multiple conflicts of interest, Council previously drew
straws to see who would hear the item.
Community Development Director Pedrotti introduced the item, and Associate Planner Holub
provided a presentation of the staff report. Staff responded to questions from Council.
City Attorney Carmel clarified what language was legally necessary in the Ordinance.
Mayor Ray Russom opened the public hearing. Speaking from the public were Zazz Daniel,
Josephine Moore, Annie Ashbrook, Jim Guthrie, Peggy Coon, and No Name provided. City
Clerk Matson read into the record written correspondence received from Joanie Fugitt, Zazz and
Dove Daniel, Deborah Cookson and Josephine Moore, Terryl and Jeff Walters. Upon hearing
no further public comments, Mayor Ray Russom closed the public hearing. Director Pedrotti and
Associate Planner Holub responded to questions from the public.
City Attorney Carmel provided clarification regarding the revocations and public hearing
process.
Council discussion ensued regarding metrics for the payment of Transient Occupancy Tax
(TOT) as it relates to a possible revocation hearing; the permitting cap; and requiring an affidavit
regarding responsiveness.
Mayor Ray Russom suggested continuing the Item until after Item 9.b. to allow staff time to
clarify language in the Ordinance. Council concurred.
Mayor Ray Russom called for a brief break at 8:13 p.m. The Council reconvened at 8:24 p.m.
Council returned to the item and staff recommended modifying the Ordinance as follows:
Amending performance standards and conditions for vacation rentals #16 to read: "Vacation
rentals must remit a minimum amount of TOT to the City at least once every six (6) months.
The amount shall be established by a resolution of the City Council and shall be equivalent to
half of the average annual TOT remitted by all vacation rentals that have remitted payment the
previous fiscal year."
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Amending performance standards and conditions for Home Stays #12 to read: "Home Stays
must remit a minimum amount of TOT to the City at least once every six (6) months. The
amount shall be established by a resolution of the City Council and shall be equivalent to half of
the average annual TOT remitted by all vacation rentals that have remitted payment the
previous fiscal year."
Moved by Mayor Ray Russom
Seconded by Council Member Paulding
Introduce an Ordinance entitled: "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", as modified by staff. City Attorney
Carmel read the full title of the Ordinance into the record.
AYES (3): Mayor Ray Russom, Council Member Paulding, and Council Member Storton
ABSENT (2): Mayor Pro Tem George, and Council Member Barneich
Passed (3 to 0)
9.b. Discussion and Consideration of Introduction of Ordinance Amending Title 16 of the
Arroyo Grande Municipal Code (AGMC) Regarding a Permanent Parklet Program;
Development Code Amendment 22-003; Location - Citywide
Associate Planner Holub presented the staff report and recommended that the Council
introduce the Ordinance to establish a permanent parklet program. Staff responded to
questions.
Mayor Ray Russom opened the public hearing. Speaking from the public were Jim Guthrie,
Krista Bandy, and Laura Beth Amy. Upon hearing no further public comments, Mayor Ray
Russom closed the public hearing.
Council discussion ensued regarding a steam cleaning requirement every 6 months; the
definition of a parklet; and massing.
Mayor Ray Russom suggested continuing the item until after Item 11.a. to allow staff time to
clarify language in the Ordinance. Council concurred.
After hearing Item 12, Council returned to the item and staff recommended modifying the
Ordinance as follows:
Performance Standards and Conditions #8 to include: "any parklet features, furnishings, or
vegetation shall maintain an open see through aesthetic in and out of the parklet."
Performance Standards and Conditions #17 to include: "parklets shall be kept clean and neat."
Performance Standards and Conditions #18 to include: "Steam cleaning shall be completed at
least once every six months by the parklet operator. Steam cleaning shall be consistent with
Regional Water Quality Control Board regulations regarding illicit discharge."
SECTION 3 Definitions: changed public amenity to private amenity.
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Moved by Mayor Ray Russom
Seconded by Mayor Pro Tern George
Introduce an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE
REGARDING THE ESTABLISHMENT OFA PERMANENT PARKLET PROGRAM", including
the modifications made by staff. City Attorney Carmel read the full title of the Ordinance into the
record.
AYES (5): Mayor Ray Russom, Mayor Pro Tern George, Council Member Barneich, Council
Member Paulding, and Council Member Storton
Passed (5 to 0)
10. OLD BUSINESS
None.
11. NEW BUSINESS
11.a. Discussion and Consideration of Approval of a Joint Exercise of Powers Agreement
Creating the Central Coast Blue Regional Recycled Water Authority and Appointment of
a Representative to the Authority Board of Directors
City Manager McDonald presented the item and recommended that the Council authorize the
Mayor to execute a Joint Exercise of Powers Agreement Creating the Central Coast Blue
Regional Recycled Water Authority (Authority); and appoint a member of the City Council to the
Authority Board of Directors. City Manager McDonald responded to questions from Council.
Mayor Ray Russom invited public comment. No public comments were received.
Moved by Council Member Barneich
Seconded by Mayor Pro Tem George
Authorize the Mayor to execute a Joint Exercise of Powers Agreement Creating the Central
Coast Blue Regional Recycled Water Authority; and appoint Mayor Ray Russom to the Authority
Board of Directors.
AYES (5): Council Member Barneich, Mayor Pro Tern George, Council Member Paulding,
Council Member Storton, and Mayor Ray Russom
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)
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2. South San Luis Obispo County Sanitation District (SSLOCSD)
3. Tourism Business Improvement District Advisory Board
4. Other
12.b. MAYOR PRO TEM GEORGE:
1. County Water Resources Advisory Committee (WRAC)
2. Visit SLO CAL Advisory Board
3. Other
12.c. COUNCIL MEMBER BARNEICH:
1. Audit Committee
2. Homeless Services Oversight Council (HSOC)
3. Zone 3 Water Advisory Board
4. Other
12.d. COUNCIL MEMBER PAULDING:
1. Air Pollution Control District (APCD)
2. Brisco/Halcyon Interchange Subcommittee
3. Council of Governments/Regional Transit Authority/ South County Transit
(SLOCOG/SLORTA/SCT)
4. REACH SLO Advisory Commission
5. Other
12.e. COUNCIL MEMBER STORTON:
1. Brisco/Halcyon Interchange Subcommittee
2. Five Cities Fire Authority (FCFA)
3. Integrated Waste Management Authority Board (IWMA)
4. South County Chambers of Commerce Governmental Affairs Committee
5. Other
13. COUNCIL COMMUNICATIONS
Council Member Barneich thanked staff for the work done for the Harvest Festival.
Mayor Pro Tern George requested a discussion item at a future Council meeting regarding annual
steam cleaning of the sidewalks in the Village. Mayor Ray Russom concurred. Assistant City
Manager/Public Works Director Robeson clarified that staff did not commit to annual sidewalk steam
cleaning during a recent Village Businesses Roundtable. Mayor Ray Russom suggested the
discussion be brought up during the next budget discussion. Mayor Pro Tern George concurred.
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Mayor Pro Tern George announced that the next Empty Bowls event for 5 Cities Homeless Coalition
will take place on October 1, 2022.
14. CLOSED SESSION
None.
15. ADJOURNMENT
There being no further business to come before the City Council, Mayor Ray Russom adjourned the
meeting at 10:02 p.m.
Caren Ra som, Mayor
ATTEST:
Jessica Matson, City Clerk
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