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Minutes 2022-03-22 4,,',..' CITY OF IL ,R,�oy° GRAN _moismiL „. 'i ACTION MINUTES OALIFORNI " ,,---%.• " REGULAR MEETING OF THE CITY COUNCIL March 22, 2022, 6:00 p.m. Hybrid City Council Chamber/Virtual Zoom Meeting 215 E Branch Street, Arroyo Grande, CA 93420 Webinar ID: 832 5584 8846 By Telephone: 1-669-900-6833; 1-346-248-7799 Council Members Present: Mayor Ray Russom, Council Member Paulding, Council Member Barneich, Council Member Storton, Mayor Pro Tern 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, Community Development Director Brian Pedrotti, Acting Planning Manager Andrew Perez, Assistant Planner Patrick Holub 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 Jim Gregory, I.O.O.F. Lodge 258, led the flag salute. 5. AGENDA REVIEW Mayor Ray Russom suggested that the Council hear the following items out of order after Item 8: Item 12 Council Reports, Item 13 Council Communications, followed by Items 9.a., 11.b. and then 11.a. The Council concurred. 1 5.a. Closed Session Announcements a) PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957: Title: City Manager City Attorney Carmel announced that there was no reportable action. 5.b. Ordinances read in title only Moved by Mayor Ray Russom Seconded by Mayor Pro Tern George Move that all ordinances presented at the meeting shall be read by title only and all further readings be waived. AYES (5): Mayor Ray Russom, Council Member Paulding, Council Member Barneich, 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. 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 announced that the City has hired Christina Alvarez as the Community Services Specialist; provided information regarding the Strother Park Public Art Project Ribbon Cutting Ceremony, sports leagues returning to Soto Sports Complex, Recreation Services' Bunny Gram Program; and discussed upcoming items for Council consideration. Mayor Ray Russom invited public comment. No public comments were received. No action was taken on this item. 6.c. Honorary Proclamation Declaring the Month of April 2022 as "Month of the Child" and "Child Abuse Prevention Month" Mayor Ray Russom read the Honorary Proclamation Declaring the Month of April 2022 as "Month of the Child" and "Child Abuse Prevention Month". Jaime Sanbonmatsu, accepted the proclamation. Mayor Ray Russom invited public comment. Speaking from the public was Lisa Fraser. No further public comments were received. No action was taken on this item. 2 7. COMMUNITY COMMENTS AND SUGGESTIONS Mayor Ray Russom invited public comment. Speaking from the public were Dale Anthem, Krista Jeffries, and Simone. No further 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. There were none. Mayor Ray Russom invited public comment. No public comments were received. Moved by Council Member Barneich Seconded by Council Member Storton Approve Consent Agenda Items 8.a. through 8.f., with the recommended courses of action. City Attorney Carmel read the full title of the Ordinance in item 8.d. AYES (5): Mayor Ray Russom, Council Member Paulding, Council Member Barneich, Council Member Storton, and Mayor Pro Tern George Passed (5 to 0) 8.a. Consideration of Cash Disbursement Ratification Ratified the listing of cash disbursements for the period of February 16 through February 28, 2022. 8.b. Approval of Minutes Approved the minutes of the Regular City Council Meeting of March 8, 2022 and Special City Council Meeting of March 11, 2022, as submitted. 8.c. 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 CORONAVIRUS(COVID-19) PANDEMIC AND AUTHORIZING THE CONTINUANCE OF REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF ARROYO GRANDE PURSUANT GOVERNMENT CODE SECTION 54953(e)" 8.d. Consideration of Adoption of an Ordinance Amending Chapter 8.08 of Title 8 of the Arroyo Grande Municipal Code Regarding the Sale and Discharge of Class C ("Safe and Sane") Fireworks Adopted an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 8.08 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO THE DISCHARGE OF"SAFE AND SANE"FIREWORKS". 3 8.e. Consideration of Adoption of a Resolution Pursuant to Public Contract Code Section 22050 Terminating the Emergency Declaration for the Storm Drain System at 251 East Grand Avenue Project, PW 2021-12 1) Received and filed the final report of the emergency storm drain system repairs project at 251 East Grand Avenue; and 2)Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE TERMINATING THE EMERGENCY DECLARATION FOR REPAIRS TO THE STORM DRAIN SYSTEM AT 251 EAST GRAND AVENUE". 8.f. Monthly Water Supply and Demand Update Received and filed the monthly Water Supply and Demand Report. 9. PUBLIC HEARINGS The Council heard Item 12 next followed by Item 13. 9.a. Public Hearing on the Establishment of a District-Based Election System and Introduction of an Ordinance Establishing By-District Elections for Four Council Members, Defining District Boundaries, and Scheduling the Order of Elections for Each District City Clerk Matson introduced the item and Daniel Phillips, Consultant with National Demographics Corporation, provided a presentation regarding the process for transitioning to District Elections. Mayor Ray Russom opened the public hearing. Speaking from the public was Jim Guthrie. Upon hearing no further public comments, Mayor Ray Russom closed the public hearing. Moved by Council Member Storton Seconded by Mayor Pro Tern George Introduce an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, ADDING CHAPTER 2.21 TO TITLE 2 OF THE CITY OF ARROYO GRANDE MUNICIPAL CODE ESTABLISHING BY-DISTRICT ELECTIONS FOR FOUR COUNCIL MEMBERS, DEFINING DISTRICT BOUNDARIES, AND SCHEDULING THE ORDER OF ELECTION FOR EACH DISTRICT", and clarified the selection of Plan 202 Mod, with an election sequence of Districts 1 and 4 in November 2022 and Districts 2 and 3 in 2024. AYES (4): Council Member Paulding, Council Member Barneich, Council Member Storton, and Mayor Pro Tern George NOES (1): Mayor Ray Russom Passed (4 to 1) 10. OLD BUSINESS None. 4 11. NEW BUSINESS The Council heard Item 11.b. next. Mayor Ray Russom called for a brief break at 8:55 p.m. The Council reconvened at 9:03 p.m. and returned to Item 11.a. 11.a. Study Session Regarding Short Term Rentals (Vacation Rentals and Homestays) and Potential Revisions to the City's Short Term Rental Ordinance City Attorney Carmel commented on the Fair Political Practices Commission's (FPPC) advice regarding the conflicts of interest for Mayor Ray Russom, Mayor Pro Tern George, Council Member Storton, and Council Member Barneich. City Clerk Matson explained the process for randomly drawing straws to determine which two of the conflicted Council members may hear the item. Mayor Ray Russom, Mayor Pro Tern George, and Council Members Barneich and Storton drew straws. Mayor Ray Russom and Council Member Storton drew the short straws and remained in the meeting to hear the item. Mayor Pro Tern George and Council Member Barneich left the meeting. Community Development Director Pedrotti introduced the item and Assistant Planner Holub provided a presentation and responded to questions from Council. Mayor Ray Russom invited public comment. Speaking from the public were John Keen, and Jim Guthrie. City Clerk Matson read into the record written comments received from Krista Jeffries. No further public comments were received. Council discussion ensued regarding staff recommendations. 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. Mayor Ray Russom moved to continue the meeting to 11:10 p.m. Council Member Paulding seconded the motion, and the motion passed unanimously by voice vote. Council directed staff to include a Short Term Rental buffer for homestays and vacation rentals; apply a cap of 120 vacation rentals; send the performance standards and parking standards sections of the Ordinance to Planning Commission for review; do not place approvals on a cancelled Planning Commission agenda; charge for mailing labels to notice neighbors; revoke permits if no Transient Occupancy Tax (TOT) is generated within a 12 month period; research a full service company to administer host compliance; add a section to the permit application where applicants can state they will provide contact information to neighbors each year; and create a process to notify the public regarding the number of current permits. Council also requested that staff bring back a discussion regarding administrative fines for violation of the Ordinance. No action was taken on this item. 5 11.b. Study Session for City Council to Provide Direction on a New Ordinance to Implement Senate Bill 9 Acting Planning Manager Perez presented the staff report. Acting Planning Manager Perez, Community Development Director Pedrotti and City Manager McDonald responded to questions from Council. Mayor Ray Russom invited public comment. Speaking from the public was Rachel Mann, John Keen, and Jim Guthrie. City Clerk Matson read into the record written comments from Krista Jeffries. No further public comments were received. City Attorney Carmel and City Manager McDonald responded to questions from the public. Council expressed support for the proposed draft Ordinance and staff recommendations including the prohibition of short term rentals and requiring undergrounding of utilities. Council directed staff to provide clarification in Section D of the draft Ordinance regarding parking, to leave the height restriction for further discussion, and requested the addition of a disclaimer regarding abiding by individual CCRs. No action was taken on this item. 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. 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 6 12.d. 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 12.e. 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 13. COUNCIL COMMUNICATIONS Council Member Storton discussed having a rotational schedule for the Arroyo Grande Business Meetings hosted by the South County Chambers of Commerce. Mayor Pro Tern George and Council Member Paulding concurred and stated that they would like to be included in the rotation. 14. CLOSED SESSION None. 15. ADJOURNMENT There being no further business to come before the City Council, Mayor Ray Russom adjourned the meeting at 11:08 p.m. 100 0..„‘..." Caren Ray Russom, Mayor ATTEST: Jessica Matson, City Clerk 7