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Minutes 2021-05-25 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, MAY 25, 2021 ARROYO GRANDE, CALIFORNIA In compliance with the State Shelter at Home Order due to the coronavirus pandemic, and as allowed by the Governor's Executive Order N-29-20, 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 Council: Council Members Lan George, Kristen Barneich, Keith Storton, Mayor Pro Tern Jimmy Paulding, and Mayor Caren Ray Russom were all present via teleconference. Staff Present: City Manager Whitney McDonald, Assistant City Manager/Public Works Director Bill Robeson, City Attorney Timothy Carmel, City Clerk Jessica Matson, Utilities Manager Shane Taylor, and Accounting Manager Nicole Valentine. 3. MOMENT OF REFLECTION 4. FLAG SALUTE Mayor Ray Russom led the flag salute. 5. AGENDA REVIEW 5.a. Closed Session Announcements. Special Meeting of May 25, 2021 Successor Agency a) CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Property: APN: 006-151-027; Located at Faeh Avenue and El Camino Real Agency Negotiators: Whitney McDonald, City Manager Negotiating Parties: ELA Foods, Inc. Under Negotiation: Price and terms of payment City Council b) CONFERENCE INVOLVING A JOINT POWERS AGENCY- FIVE CITIES FIRE AUTHORITY pursuant to Government Code Section 54956.96(c): Discussion will concern: CONFERENCE WITH LABOR NEGOTIATORS pursuant to Government Code Section 54957.6: Minutes: City Council Page 2 Tuesday, May 25, 2021 Agency Negotiators: Che Johnson, Law Firm of Liebert Cassidy Whitmore; Nicole Valentine, Accounting Manager; Tashina Ureno, Human Resources Manager Represented Employees: International Association of Fire Fighters (IAFF) Local 4403 Local agency representative on Five Cities Fire Authority Board: Keith Storton Additional Attendees: Whitney McDonald, City Manager; Timothy Carmel, City Attorney c) PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957: Title: City Manager City Attorney Carmel announced there was no reportable action for any of the closed session items. 5.b. Ordinances read in title only. None. 6. SPECIAL PRESENTATIONS 6.a. Update Regarding Countywide COVID-19 Efforts. Recommended Action: Receive update, accept public comments, discuss, and provide direction, as necessary. City Manager McDonald provided a brief update on COVID-19 efforts 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. Recommended Action: Receive correspondence/comments as presented by the City Manager and provide direction, as necessary. City Manager McDonald announced that the Recreation Department will be scheduling the Summer Concert series; the Planning Commission approved an Affordable Housing Project on Oak Park; Circulation Element Update will be moving on to the next steps; and Budget discussion will be going to Council on June 8th Mayor Ray Russom invited public comment. No public comments were received. No action was taken on this item. 6.c. Honorary Proclamation Declaring June 2021 as "LGBTQ+ Pride Month" Mayor Ray Russom read the Honorary Proclamation recognizing June 2021 as "LGBTQ+ Pride Month". Heather Bahner, accepted the Proclamation. Mayor Ray Russom invited public comment. No public comments were received. Minutes: City Council Page 3 Tuesday, May 25, 2021 No action was taken on this item. 6.d. Honorary Proclamation Recognizing June 4, 2021 as "Hunger Awareness Day" Mayor Ray Russom read the Honorary Proclamation recognizing June 4, 2021 as "Hunger Awareness Day". Garret Olsen, CEO, SLO Food Bank, accepted the Proclamation. 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. Council commented on item 8.g., as it relates to water supply and gallons used per day per person. Utilities Manager Shane Taylor responded to questions from the Council. Mayor Ray Russom invited public comment. No public comments were received. Action: Council Member Barneich moved to approve Consent Agenda Items 8.a. through 8.g., with the recommended courses of action. Council Member Storton seconded, and the motion passed on the following roll-call vote: AYES: Barneich, Storton, George, Paulding, Ray Russom NOES: None ABSENT: None 8.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period May 1, 2021 through May 15, 2021. 8.b. Consideration of Statement of Investment Deposits. Action: Received and filed the attached report listing of investment deposits of the City of Arroyo Grande, as of April 30, 2021, as required by Government Code Section 53646(b). 8.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Special and Regular City Council Meeting of May 11, 2021, as submitted. 8.d. Adoption of a Resolution Declaring a Continued Local Emergency Related to the Coronavirus (COVID-19) Pandemic. Action: 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 Fiscal Year 2020-21 Third Quarter Financial Status Report. Action: Considered, received, and filed the Fiscal Year (FY) 2020-21 Third Quarter Financial Status Report. 8.f. Consideration of Acceptance of the Bridge Street Bridge Rehabilitation Project, PW 2020-01. Minutes: City Council Page 4 Tuesday, May 25, 2021 Action: 1) Accepted the project improvements as constructed by Granite Construction Company in accordance with the plans and specifications for the Bridge Street Bridge Rehabilitation Project, PW 2020-01; 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.g. Monthly Water Supply and Demand Update. Action: Received and filed the Monthly Water Supply and Demand Report. 9. PUBLIC HEARINGS 9.a. Public Hearing to Discuss and Consider a Resolution Levying an Annual Assessment for the Arroyo Grande Tourism Business Improvement District (AGTBID) and Adoption of a Resolution Adopting the Fiscal Year 2021-22 Budget. City Manager McDonald introduced the item and recommended that the Council: 1) Conduct a public hearing to receive testimony regarding the City Council's intention to continue the AGTBID and levy an annual assessment for Fiscal Year 2021-22; 2) Determine whether a legally sufficient number of protests have been made; 3) If a legally sufficient protest is not made, adopt a Resolution confirming the Advisory Board's report and levying an annual assessment for the AGTBID for the FY 2021-22; and 4)Adopt a Resolution approving the FY 2021-22 budget for the AGTBID. Staff and Jocelyn Brennan, South County Chambers of Commerce, responded to questions from Council. City Clerk Matson confirmed that no protests had been received as of the start of the hearing. Mayor Ray Russom opened the public hearing. Upon hearing no comments, Mayor Ray Russom closed the public hearing. Action: Mayor Pro Tem Paulding moved to adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE LEVYING AN ANNUAL ASSESSMENT FOR THE ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT FOR THE 2021- 22 FISCAL YEAR". Council Member Storton seconded, and the motion passed on the following roll-call vote: AYES: Paulding, Storton, Barneich, George, Ray Russom NOES: None ABSENT: None Action: Mayor Pro Tern Paulding moved to adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING THE FISCAL YEAR 2021-22 BUDGET FOR THE ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT". Council Member Storton seconded, and the motion passed on the following roll-call vote: AYES: Paulding, Storton, Barneich, George, Ray Russom NOES: None ABSENT: None Minutes: City Council Page 5 Tuesday, May 25, 2021 10. OLD BUSINESS: None. 11. NEW BUSINESS 11.a. Discussion and Consideration of Adoption of Resolution Establishing a City Flag Display Policy and Authorizing the Display of the LGBTQ+ Pride Flag at City Hall During the Month of June, 2021. City Manager McDonald presented the staff report, acknowledged the Supplemental Information, and recommended that the Council Adopt a Resolution adopting a Flag Display Policy and also authorize the display of the Pride Flag at City Hall during the month of June, 2021 in accordance with the proposed Policy; and also that the Council discuss and consider authorizing the display of the LGBTQ+ Pride Flag during the month of June, 2021, at Heritage Square Park, where the first Five Cities LGBTQ+ Pride Celebration occurred in 2019 and responded to questions from Council. Mayor Ray Russom invited public comments. Speaking from the public were Bruce Berlin, Mariam Shah, Marilyn Rossa, Jamie Fordyce, Virginia Roof, Erica Andrade, and Kailyn Pope. No further comments were received. Action: Council Member Barneich moved to adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A FLAG DISPLAY POLICY" amending Section II.C.3.c to read: At a noticed and agenized City Council meeting, four(4) Council Members must agree to display the Commemorative Flag; authorize the display of the Pride Flag at City Hall during the month of June, 2021 in accordance with the proposed Policy and authorize the display of the LGBTQ+ Pride Flag during the month of June,2021, at Heritage Square Park. Council Member George seconded, and the motion passed on the following roll-call vote: AYES: Barneich, George, Storton, Paulding, Ray Russom NOES: None ABSENT: None 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. (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 (b) MAYOR PRO TEM PAULDING: (1) Air Pollution Control District(APCD) (2) Brisco/Halcyon Interchange Subcommittee (3) Council of Governments/Regional Transit Authority(SLOCOG/SLORTA) (4) South County Transit(SCT) Minutes: City Council Page 6 Tuesday, May 25, 2021 (c) COUNCIL MEMBER BARNEICH: (1) Homeless Services Oversight Council (HSOC) (2) South County Homeless Taskforce (3) Zone 3 Water Advisory Board (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 (e) COUNCIL MEMBER GEORGE: (1) Community Action Partnership San Luis Obispo (CAPSLO) (2) County Water Resources Advisory Committee (WRAC) (3) Regional Water Initiatives (4) Visit SLO CAL Advisory Board 13. COUNCIL COMMUNICATIONS Council Member George requested that the Council consider directing staff to agendize a discussion of funding Visit SLOCAL's Oceano Dunes Economic Impact Assessment. Mayor Pro Tern Jimmy Paulding concurred. Mayor Ray Russom gave an update on where SB 555, regarding vacation rentals, stands in the legislature; and commented on SB 9 regarding lot splits. Council Member George read a quote from the 2021 National Youth Poet Laureate Alexandra Nguyen. 14. CLOSED SESSION None. 15. ADJOURNMENT There being no further business to come before the City Council, Mayor Ray Russom adjourned the meeting at 8:01 p.m. Caren Ray R , Mayor ATTEST: essica Matson, City Clerk (Approved at CC Mtg 621ESI2-/ )