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Minutes 2021-10-26 61 CITY OF \ ,gpYO 'GRpNQf - CALIFORji.NIA ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL October 26, 2021, 6:00 p.m. City Council Chamber 215 E Branch Street, Arroyo Grande Council Members Present: Mayor Ray Russom, Mayor Pro Tern Paulding, Council Member Barneich, Council Member Storton, Council Member George 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, Assistant City Attorney David Hirsch 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 performed roll call. 3. MOMENT OF REFLECTION 4. FLAG SALUTE Linda Vleit, Rotary Club of Arroyo Grande, led the flag salute and provided a brief report regarding Club activities. 5. AGENDA REVIEW 5.a Closed Session Announcements None. 5.b Ordinances read in title only 1 Moved by Mayor Ray Russom Seconded by Council Member Bameich Moved that all ordinances presented for introduction or adoption be read in title only and all further readings be waived. AYES (5): Mayor Ray Russom, Mayor Pro Tern Paulding, Council Member Barneich, Council Member Storton, and Council Member 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 efforts as it relates to the current mask order; highlighted recommendations and guidelines from the County regarding holiday safety; announced that vaccine boosters are available; and responded to questions from Council. 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 provided an update on Halloween events and stated that the Recreation Services Department will be hosting a Halloween Carnival and Haunted Maze; announced that the second Districting Workshop is Thursday at 6 pm and will be virtual; and a Community Meeting regarding the Traffic Way Bridge Replacement Project will take place November 18th via Zoom. Assistant City Manager/Public Works Director provided an update on holiday lighting in the Village. Staff responded to questions from Council. Mayor Ray Russom invited public comment. No public comments were received. No action was taken on this item. 6.c. Honorary Proclamation Declaring November 2021 as National Native American and Indigenous Peoples Heritage Month Mayor Ray Russom read the Honorary Proclamation Declaring November 2021 as National Native American and Indigenous Peoples Heritage Month. Mona Olivas Tucker, Chairwoman and Lode Lathrop Laguna, Tribal Council member of yak titYu titYu yak tithini— Northern Chumash Tribe San Luis Obispo County and Region, received the Proclamation. Mayor Ray Russom invited public comment. Speaking from the public were Anne McCracken. No further public comments were received. No action was taken on this item. 2 6.d. Honorary Proclamation Declaring November 2021 as "National Adoption Month" Mayor Ray Russom read the Honorary Proclamation Declaring November 2021 as "National Adoption Month". Owen Martin, Social Worker, County of San Luis Obispo, received the Proclamation. Mayor Ray Russom invited public comment. No public comments were received. No action was taken on this item. 6.e. Mayor's Commendation Recognizing Naomi Luby Mayor Pro Tem Paulding read the Mayor's Commendation Recognizing Naomi Luby for her service to the community by sewing more than 4,000 masks for churches, first responders, and other community members on the Central Coast during the COVID-19 pandemic. Naomi Luby accepted the Commendation. Mayor Ray Russom invited public comment. Speaking from the public was Mona Tucker, and Anne McCracken. No further public comments were received. No action was taken on this item. 6.f. Introduction of New Employee -Lynda Horejsi, Accounting Manager Administrative Services Director Valentine introduced Lynda Horejsi as the new Accounting Manager and highlighted her educational and professional background. Mayor Ray Russom invited public comment. No 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. Staff responded to questions from Council on Item 8.c., and commented on Item 8.g. Mayor Ray Russom invited public comment. No public comments were received. Moved by Council Member Storton Seconded by Council Member Barneich Approve Consent Agenda Items 8.a. through 8.i., with the recommended courses of action. AYES (5): Mayor Ray Russom, Mayor Pro Tem Paulding, Council Member Barneich, Council Member Storton, and Council Member George Passed (5 to 0) 3 8.a. Consideration of Cash Disbursement Ratification Ratified the listing of cash disbursements for the period October 1, 2021 through October 15, 2021. 8.b. Consideration of Statement of Investment Deposits Received and filed the report listing of investment deposits of the City of Arroyo Grande, as of September 30, 2021, as required by Government Code Section 53646(b). 8.c. Approval of Minutes Approved the minutes of the Regular City Council Meeting of October 12, 2021, as submitted. 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. Adoption 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 53953(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. Adoption of a Resolution Updating the Name of the City's Accounting Manager in the List of Those Who are Authorized to Deposit City Funds in Various Financial Institutions Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE DEPOSIT OF CITY FUNDS IN VARIOUS FINANCIAL INSTITUTIONS". 8.g. Acceptance of the 2021 Concrete Repairs Project, PW 2021-02 1)Accepted the project improvements as constructed by CalPortland Construction in accordance with the plans and specifications for the 2021 Concrete Repairs Project, PW 2021- 02; 2) Directed staff to file a Notice of Completion; and 3)Authorized release of retention, thirty- five (35) days after the Notice of Completion has been recorded, if no liens have been filed. 8.h. Consideration of Acceptance of Roof Repairs to Corporation Yard Buildings A and B, PW 2021-03 1)Accepted the project improvements as constructed by Wick's Roofing, Inc. in accordance with its scope of work and estimate submitted for the Roof Repairs to Corporation Yard Buildings A and B Project, PW 2021-03; 2) Directed staff to file a Notice of Completion; and 3)Authorized 4 release of retention, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. 8.1 Monthly Water Supply and Demand Update Received and filed the Monthly Water Supply and Demand Report. 9. PUBLIC HEARINGS 9.a. Appeal to City Council Case 21-003; Appeal of Conditional Use Permit 21-005 for an Addition to an Existing Commercial Structure and Establishment of an Art Gallery and Wine Tasting Collective; Location -211 E Branch St; Appellant-Shirley Gibson, et al Council Member Barneich declared a conflict stating that she had spoken to both the appellants and the applicants at length, recused herself and left the meeting. Mayor Ray Russom opened the public hearing. Upon hearing no comments, Mayor Ray Russom requested a motion to continue the public hearing to the November 9, 2021 City Council meeting. Moved by Council Member George Seconded by Council Member Storton Continue the public hearing to a date certain of November 9, 2021 to provide staff additional time to review issues associated with the appeal. AYES (4): Mayor Ray Russom, Mayor Pro Tern Paulding, Council Member Storton, and Council Member George ABSTAINED (1): Council Member Barneich Passed (4 to 0) 10. OLD BUSINESS None. Council Member Barneich rejoined the meeting. 11. NEW BUSINESS 11.a. Approval of the Inclusive Elm Street Park Playground Replacement Project and Its Associated Proposition 68 Per Capita Grant Application, And Appropriate Funds for the Project Recreation Services Director Bohlken presented the staff report and recommended that the Council: 1)Approve the Inclusive Elm Street Park Playground Replacement Project proposal, allowing the City Manager to submit an application for the Prop 68 Per Capita Program and process any associated grant documents as necessary; and 2)Appropriate $136,426 from the Sales Tax Fund as part of the total project costs. Staff responded to questions from Council. Mayor Ray Russom invited public comment. Speaking from the public was Anne McCracken. No further comments were received. 5 Moved by Council Member George Seconded by Mayor Pro Tern Paulding 1)Approved the Inclusive Elm Street Park Playground Replacement Project proposal, allowing the City Manager to submit an application for the Prop 68 Per Capita Program and process any associated grant documents as necessary; and 2)Appropriated $136,426 from the Sales Tax Fund as part of the total project costs. AYES (5): Mayor Ray Russom, Mayor Pro Tern Paulding, Council Member Bameich, Council Member Storton, and Council Member George Passed (5 to 0) 11.b. Introduction of an Ordinance Adding Chapter 8.33, Mandatory Organic Waste Disposal Reduction, and Chapter 15.06, SB 1383 CalGreen Recycling and Model Water Efficient Landscaping Ordinance Requirements, to the Municipal Code to Comply with SB 1383 Assistant City Attorney Hirsch presented the report and recommended that the Council introduce an Ordinance adding Chapter 8.33, Mandatory Organic Waste Disposal Reduction, and Chapter 15.06, SB 1383 CalGreen Recycling and Model Water Efficient Landscaping Ordinance Requirements, to the Arroyo Grande Municipal Code in order to comply with the requirements of Senate Bill 1383 (SB 1383). Attorney Hirsch referenced the supplemental memo previously provided to Council and recommended Council consider modifying the proposed ordinance to provide more certainty for each penalty amount and to consider using the low end of the range for each violation. Attorney Hirsch and Staff responded to questions from Council. Mayor Ray Russom invited public comment. No public comments were received. Moved by Council Member Storton Seconded by Council Member Barneich Introduced an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADDING CHAPTER 8.33, MANDATORY ORGANIC WASTE DISPOSAL REDUCTION, AND CHAPTER 15.06, SB 1383 CALGREEN RECYCLING AND MODEL WATER EFFICIENT LANDSCAPING ORDINANCE REQUIREMENTS, TO THE ARROYO GRANDE MUNICIPAL CODE TO COMPLY WITH THE REQUIREMENTS OF SB 1383", to include the revision to Section 8.33.130(e) for fixed fines for penalty violations at $50 for a first violation, $100 for a second violation, and $250 for a third or subsequent violation, and rewording Subsection, 8.33.130(f) as appropriate. AYES (5): Mayor Ray Russom, Mayor Pro Tern Paulding, Council Member Barneich, Council Member Storton, and Council Member George Passed (5 to 0) 6 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: The AGTBID discussed a study received from Visit SLO Cal on Diversity, Equity and Inclusion initiatives. The IWMA was discussed at the Mayor's monthly meeting. Mayor Ray Russom was contacted by the Governor's Office of External Affairs and provided input on SB 9 and Regional Housing Needs Allocation (RHNA) requirements. 12.b. MAYOR PRO TEM PAULDING: None. 12.c. COUNCIL MEMBER BARNEICH: The Homeless Services Oversight Council Executive Committee met and was informed that the pallet housing program is now being called cabin housing and should be open by January/February. Rental relief is still available. 12.d. COUNCIL MEMBER STORTON: Five Cities Fire Authority staff were deployed to help with the Alisal fire in Santa Barbara. The IWMA discussed rate increases in order to meet a State mandate. 12.e. COUNCIL MEMBER GEORGE: The County Water Resources Advisory Committee (WRAC) met and announced a public workshop regarding basin sustainability goals. Council member George attended the CJPIA Annual Board meeting for Mayor Ray Russom where the Agency's strategic plan was discussed, awards were given and a new Board Chair was elected. 13. COUNCIL COMMUNICATIONS Mayor Ray Russom stated that she received a call from Assemblyman Cunningham's Office regarding the districting process that is happening locally as well as statewide, and that the draft statewide map has been released and is proposing that the current Assembly district be redrawn in a manner that would separate the City of Arroyo Grande from the rest of San Luis Obispo County and be combined with Santa Barbara County. Mayor Ray Russom requested staff to bring back information at a future meeting to discuss whether the Council would like to officially respond to the State regarding this matter. Council Member Barneich concurred. Council Member Barneich requested a warming center update; and notified the community that walk- ins are allowed at the COVID-19 testing sites. Council Member Storton mentioned that there is an app called RecycleRight SLO County that has helpful tips and reminders from South County Sanitary, as well as your garbage and recycling schedule. 14. CLOSED SESSION None. 15. ADJOURNMENT There being no further business to come before the City Council, Mayor Ray Russom adjourned the meeting at 8:25 p.m. 7 • sirc1 Caren Ra'ussom, Mayor ATTEST: L� Jessica Matson, City Clerk (Approved at CC Mtg i t) 8