Minutes 2023-05-09 __ CITY OF
446;RM:it;
'J ACTION MINUTES
it'CALIFORNIA. t
:=`ter r ,4. :' _ _ REGULAR MEETING OF THE CITY COUNCIL
May 9, 2023, 6:00 p.m.
Hybrid City Council Chamber/Virtual Zoom Meeting
215 East Branch Street,Arroyo Grande
Council Members Present: Mayor Ray Russom, Mayor Pro Tern
Barneich, Council Member George, Council
Member Guthrie, Council Member Secrest
Staff Present: City Clerk Jessica Matson, City Attorney Isaac
Rosen, 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, IT Manager Kevin Waddy
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 6:01 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
Council concurred to hear City Council Communications after Special Presentations.
5.a Closed Session Announcements
None.
5.b Ordinances read in title only
Y ,
None.
1
6. SPECIAL PRESENTATIONS
6.a Honorary Proclamation Declaring May 2023 as Asian American & Native Hawaiian/Pacific
Islander Heritage Month
Mayor Ray Russom read the Honorary Proclamation Declaring May 2023 as Asian American &
Native Hawaiian/Pacific Islander Heritage Month. Mia Shin,AAPI SLO, accepted the
proclamation.
Mayor Ray Russom invited public comment. No public comments were received.
No action was taken on this item.
6.b Honorary Proclamation Declaring May 2023 as Mental Health Awareness Month
Mayor Ray Russom read the Honorary Proclamation Declaring May 2023 as Mental Health
Awareness Month. Emmy Landers and Cole Kynsie Coleburn, Members of the Arroyo Grande
High School AIM Club, accepted the proclamation.
Mayor Ray Russom invited public comment. No public comments were received.
No action was taken on this item.
6.c Introduction of New Employee Kevin Waddy, IT Manager
Administrative Services Director Valentine introduced Kevin Waddy, the City's new IT Manager,
and highlighted his educational and professional background.
6.d City Manager Communications
City Manager McDonald welcomed Kevin Waddy, discussed upcoming items for Council
consideration, and highlighted upcoming workshops regarding ADUs.
Mayor Ray Russom invited public comment. No public comments were received.
No action was taken on this item.
7. CITY COUNCIL REPORTS
None.
Reports are made during the Second Council Meeting each month.
8. COMMUNITY COMMENTS AND SUGGESTIONS
Mayor Ray Russom invited public comment. No public comments were received.
2
9. 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 Mayor Pro Tem Barneich
Seconded by Council Member George
Approve Consent Agenda Items 9.a. through 9.e., with the recommended courses of action.
AYES (5): Mayor Ray Russom, Council Member George, Council Member Guthrie, Council Member
Secrest, and Mayor Pro Tern Barneich
Passed (5 to 0)
9.a Consideration of Cash Disbursement Ratification
1) Ratified the listing of cash disbursements for the period of April 1 through April 15, 2023; 2)
Determined that ratifying the cash disbursements is not a project subject to the California
Environmental Quality Act ("CEQA") because it has no potential to result in either a direct, or
reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines,
§§ 15060, subd. (b)(2)-(3), 15378.)
9.b Consideration of Statement of Investment Deposits
1) Received and filed the report listing investment deposits of the City of Arroyo Grande as of
March 31, 2023, as required by Government Code Section 53646(b); 2) Determined that
receiving the report of investment deposits is not a project subject to the California
Environmental Quality Act ("CEQA") because it has no potential to result in either a direct, or
reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines,
§§ 15060, subd. (b)(2)-(3), 15378.)
9.c Consideration of Adoption of a Resolution Declaring a Continued Local Emergency
Related to the Ongoing Storm Events
1)Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DECLARING A CONTINUED LOCAL EMERGENCY WITHIN THE CITY
OF ARROYO GRANDE(MARCH 2023 AND ONGOING STORM EVENTS BEGINNING
DECEMBER 27, 2022)'; and 2) Made findings that adopting the Resolution continuing a local
emergency is not a project subject to the California Environmental Quality Act("CEQA")
because the continued declaration in itself has no potential to result in either a direct, or
reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines,
§§ 15060, subd. (b)(2)-(3), 15378.)
9.d Consideration of Change to Appointment of an Alternate Board Member to Serve on the
Central Coast Community Energy Policy Board Through November 30, 2023
Appointed Mayor Pro Tern Barneich to serve as an alternate on the Central Coast Community
Energy (CCCE) Policy Board for the term ending November 30, 2023.
3
9.e Consideration of a Communications Facility License Agreement with Dish Wireless, LLC,
for the Operations of a Telecommunications Facility Located at Branch Mill Road
(Reservoir 4)
1)Approved the License with Dish Wireless for the operation of a telecommunications facility
located at Branch Mill Road, commonly known as the Reservoir 4 site, and authorize the City
Manager to execute it on behalf of the City, and 2) Determined the application to establish the
telecommunication facility is categorically exempt pursuant to Section 15301 of the CEQA
Guidelines regarding existing facilities.
10. PUBLIC HEARINGS
None.
11. OLD BUSINESS
None.
12. NEW BUSINESS
12.a Consideration of the 5-Year Capital Improvement Program and 5-year Local Sales Tax
Fund Expenditure Program
Assistant City Manager/Public Works Director Robeson provided a presentation on the 5-Year
Capital Improvement Program, and Administrative Services Director Valentine provided
information regarding project funding. Staff responded to questions from Council.
Discussion ensued regarding additional projects and staff capacity.
Mayor Ray Russom invited public comment. Speaking from the public was Alexandria Davis. No
further public comments were received.
Council discussion included support of staffs recommendation. Council Member Guthrie
suggested adding James Way pavement management to the 5-year CIP plan. Mayor Ray
Russom suggested the James Way item come back to Council for consideration at a later time.
Council Member Guthrie moved to allocate $1.5 million from reserves to support the James Way
pavement management project during FY 24-25 in addition to staffs recommendation. The
motion failed due to a lack of a second.
The report was received and filed.
12.b Study Session Regarding Short Term Rentals (Vacation Rentals and Homestays) and
Potential Revisions to the City's Short Term Rental Ordinance
Mayor Ray Russom, Mayor Pro Tern Barneich, declared conflicts of interest due to ownership of
a vacation rental, and Council Member George declared a conflict of interest due to ownership
of a permitted accessory dwelling unit.
4
City Attorney Rosen commented on the Fair Political Practices Commission's (FPPC) advice
regarding the conflicts of interest and explained the process for randomly drawing straws to
determine which of the conflicted Council members may continue to hear the item.
City Clerk Matson administered the drawing of straws with Mayor Ray Russom, Mayor Pro Tem
Barneich, and Council Member George. City Clerk Matson announced that Mayor Ray Russom
drew the short straw and would remain in the meeting to hear the item.
Mayor Pro Tern Barneich and Council Member George left the meeting.
Mayor Ray Russom called for a brief break at 7:45 p.m. The Council reconvened at 7:52 p.m.
Community Development Director Pedrotti introduced the item and Associate Planner Holub
presented the staff report. Staff responded to questions from Council. City Attorney Rosen
clarified language in the Ordinance regarding the collection of Transient Occupancy Taxes
(TOT).
Mayor Ray Russom invited public comment. Speaking from the public was Glen, and Brenda.
No further public comments were received. Mayor Ray Russom directed staff to connect with
the commenters.
Council discussion ensued regarding returning to the 300-foot buffer for both vacation rentals
and homestays, and modifying language in the Ordinance to state the minimum TOT paid
annually should be equal to the cost of the permit. Council also discussed providing amnesty to
the few properties that were notified of non-compliance, giving them 60 days to become
compliant.
City Attorney Rosen provided clarification regarding zone text amendments and commented
Council could agendize a discussion for a future Council meeting.
Moved by Mayor Ray Russom
Seconded by Council Member Guthrie
Change the Ordinance language 1)to allow the homestays that were part of a series of 28
properties identified by the enforcement agency to have the ability within 60 days to become
legally non-conforming if they met the requirements of the existing Ordinance at that time; 2) to
state that the TOT remittance penalty be an annual amount equal to the cost of the permit; and
3) to state revocation would occur when there are municipal code violations, an arrest, or
combination of the two.
AYES (3): Mayor Ray Russom, Council Member Guthrie, and Council Member Secrest
ABSENT(2): Mayor Pro Tern Barneich, and Council Member George
Passed (3 to 0)
13. COUNCIL COMMUNICATIONS
This item was heard before Item 8.
Mayor Pro Tern Barneich requested staff look into the solar company that is going door-to-door without
a permit.
5
14. ADJOURNMENT
There being no further business to come before the City Council, Mayor Ray Russom adjourned the
meeting :t 9:03 ..m.
Caren Ray •m, Mayor
ATTEST:
iiii -
Jessica Matson, City Clerk
6