ACTION MINUTES

REGULAR MEETING OF THE CITY COUNCIL

Tuesday, February 22, 2022 at 6:00 P.m. - 11:00 P.m.

Zoom Virtual Meeting

Webinar ID: 832 5584 8846

ByTelephone: 1-669-900-6833; 1-346-248-7799

Council Members Present:

• Mayor Ray Russom,
• Council Member Paulding,
• Council Member Barneich,
• Council Member Storton,
• and Mayor Pro Tem George

Staff Present:

• City Clerk Jessica Matson,
• City Attorney Timothy Carmel,
• City Manager Whitney McDonald,
• Assistant City Manager/Public Works Director Bill Robeson,
• and Administrative Services Director Nicole Valentine

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 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

Council Member Storton led the flag salute.

5.

AGENDA REVIEW

5.a

Closed Session Announcements

The City Attorney will announce reportable actions taken, if any, from the Special Meeting of February 22, 2022:

a) CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Government Code Section 54956.8:

Property: 400 West Branch Street

Agency negotiators: Whitney McDonald, City Manager; Bill Robeson, Assistant City Manager/Public Works Director

Negotiating parties: Dev Patel, on behalf of Kamla Hotels

Under negotiation: Price and terms of payment

City Attorney Carmel announced that there was no reportable action.

5.b

Ordinances read in title only

None.

6.

SPECIAL PRESENTATIONS

6.a

Update Regarding Countywide COVID-19 Efforts

City Manager McDonald provided a brief update on COVID-19 and announced that the City Council and advisory bodies will be resuming in-person meetings on March 8, 2022.

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 information regarding upcoming items for Council consideration, and announced that the Recreation Department is hosting a "meet the machines" event which will allow the public to get a closer look at a variety of large machines.

Mayor Ray Russom invited public comment. No public comments were received.

No action was taken on this item.

6.c

Annual Presentation from Central Coast Community Energy (CCCE)

Susan Davison, representing Central Coast Community Energy, provided a presentation on the Annual Member Agency Update.  Ms. Davison responded to questions from Council.

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. There were none.

Staff responded to questions from Council regarding Item 8.j.

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.k., with the recommended courses of action.

  AYES (5)

  Mayor Ray Russom, Council Member Paulding, Council Member Barneich, Council Member Storton, and Mayor Pro Tem George

  Passed (5 to 0)

8.a

Consideration of Cash Disbursement Ratification

• Ratified the listing of cash disbursements for the period of January 16 through January 31, 2022.

8.b

Consideration of Fiscal Year 2021-22 Mid-Year Financial Status Report and Request to Approve One Budget Adjustment Request

• Received, considered, and filed the FY 2021-22 Mid-Year Financial Status Report; and approve one Budget Adjustment Request in the amount of $27,550 for the addition of an Associate Engineer position in the Public Works Department.

8.c

Consideration of 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.d

Consideration 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 54953(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.e

Consideration of Approval of Minutes

• Approved the minutes of the Regular City Council Meeting of February 8, 2022, as submitted.

8.f

Consideration of Adoption of a Resolution Adopting and Authorizing Submittal of a Notification of Intent to Comply in Accordance with SB 619 to CalRecycle

• Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING AND AUTHORIZING SUBMITTAL OF A NOTIFICATION OF INTENT TO COMPLY IN ACCORDANCE WITH SB 619 TO CALRECYLE".

8.g

Consideration of Adoption of a Resolution Pursuant to Public Contract Code Section 22050 Determining to Continue Work Under Emergency Contracts for the Storm Drain System at 251 East Grand Avenue Project, PW 2021-12

• Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DETERMINING A NEED TO CONTINUE WORK UNDER EMERGENCY CONTRACTS TO REPAIR THE STORM DRAIN SYSTEM AT 251 EAST GRAND AVENUE".

8.h

Consideration of Resolution Accepting an Offer of Dedication for Street, Drainage, Slope and Public Utility Easements Per Parcel Map AG PM 06-0004 and Acceptance of Castillo Del Mar Extension Project Improvements, PW 2021-05

• Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, RESCINDING REJECTION AND ACCEPTING AN OFFER OF DEDICATION FOR STREET, DRAINAGE, SLOPE AND PUBLIC UTILITY EASEMENTS AND PUBLIC IMPROVEMENTS FOR CASTILLO DEL MAR AS SHOWN ON PARCEL MAP AG PM 06-0004 AND CONSTRUCTED BY JJ FISHER CONSTRUCTION, INC."; and directed staff to file a Notice of Completion, and authorized release of retention, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed.

8.i

Consideration of a Resolution Approving an Updated Freeway Maintenance Agreement with the State of California for the Portion of State Highway Route (SR) 101 within the City of Arroyo Grande

• Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING A FREEWAY MAINTENANCE AGREEMENT FOR THE PORTION OF STATE HIGHWAY ROUTE 101 WITHIN THE CITY OF ARROYO GRANDE AND APPOINTING THE MAYOR AS THE OFFICIAL REPRESENTATIVE AUTHORIZED TO SIGN THE FREEWAY MAINTENANCE AGREEMENT"; and directed the City Clerk to forward the Resolution, Freeway Maintenance Agreement, and Letter of Self Insurance to the California Department of Transportation (Caltrans).

8.j

Consideration of Rejection of All Bids or Awarding a Contract for the Base Bid and Additive Alternative for Construction of the Swinging Bridge Retrofit Project, PW 2021-06, and Appropriation of Funds from the Sales Tax Fund Balance

• Rejected all bids and directed staff to solicit new bids after modifications are made to the construction documents for the Swinging Bridge Retrofit Project (PW2021-06).

8.k

Monthly Water Supply and Demand Update

• Received and filed the monthly Water Supply and Demand Report.

9.

PUBLIC HEARINGS

9.a

Public Hearing on the Creation of a District-Based Election System and Consideration of Draft District Maps

City Clerk Matson introduced the item and Daniel Phillips, National Demographics Corporation, provided an overview of the districting process, and discussed the legal requirements for drawing districts and how the maps were analyzed. Staff responded to questions from Council.

Council discussion ensued regarding district boundaries and election sequencing.

Mayor Ray Russom opened the public hearing. Upon hearing no public comments, Mayor Ray Russom closed the public hearing. 

Council Member Paulding provided comments and stated his preferred maps are 903 Mod, 202 Mod, and 902.

Council Member Barneich provided comments and stated her preferred maps are 202 Mod, 903 Mod, and 902.

Council Member Storton provided comments and stated his preferred maps are 903 Mod and 202 Mod.

Mayor Pro Tem George provided comments and stated her preferred maps are 903 Mod, 202 Mod, and 902 Mod.

Mayor Ray Russom provided comments and stated her preferred maps are 202 Mod and 903 Mod.

Council concurred to bring back maps 202 Mod, 902, 902 Mod, and 903 Mod for further consideration and to discuss election sequencing after choosing a map at the next public hearing on March 8, 2022.

• Moved by Mayor Ray Russom
  Seconded by Mayor Pro Tem George

  1) Receive a report from the consultant and staff on the districting process and outreach efforts; 2) Conduct a public hearing to consider draft maps; 3) Provide direction on which maps should be considered for final selection at the next Public Hearing; and 4) Provide direction on a proposed election sequence.

  AYES (5)

  Mayor Ray Russom, Council Member Paulding, Council Member Barneich, Council Member Storton, and Mayor Pro Tem George

  Passed (5 to 0)

10.

OLD BUSINESS

Mayor Ray Russom requested to hear item 11.a. before item 10.a.  Council Member Barneich concurred.

Mayor Ray Russom called for a brief break at 8:52 p.m. The Council reconvened at 8:57 p.m.

10.a

Receive an Update on Progress Toward Council Goals and Priorities for Fiscal Year 2021-22

City Manager McDonald provided an overview of Council goals and priorities and responded to questions from Council.

Mayor Ray Russom invited public comment. No public comments were received.

No action was taken on this item.  The report was received and filed.

11.

NEW BUSINESS

11.a

Discussion Regarding Municipal Code Requirements Related to the Sale and Discharge of Class C (“Safe and Sane”) Fireworks

City Manager McDonald presented the staff report, and Five Cities Fire Chief Lieberman and Police Chief Michael Martinez presented statistics on calls for service related to fireworks. Staff responded to questions from Council.

Mayor Ray Russom invited public comment. Speaking from the public was Dennis Revell. No further public comments were received.

Council discussion ensued regarding modifications to the Fireworks Ordinance related to prohibiting fireworks or making adjustments to the time the discharge of fireworks is allowed and the current administrative fee for violations of the Ordinance. 

• Moved by Mayor Pro Tem George
  Seconded by Mayor Ray Russom

  Direct staff to make changes to the Arroyo Grande Municipal Code Section 8.08 related to the sale and discharge of Class C ("Safe and Sane") fireworks with modifications to include standardized fire works booth management and sales, and time of sales and use, and a $1,000 administrative fine for illegal use of fireworks.

  AYES (3)	Mayor Ray Russom, Council Member Paulding, and Mayor Pro Tem George
  NOES (2)	Council Member Barneich, and Council Member Storton

  Passed (3 to 2)

12.

CITY COUNCIL REPORTS

12.a

MAYOR RAY RUSSOM:

1. California Joint Powers Insurance Authority (CJPIA)
2. City Selection Committee
3. South San Luis Obispo County Sanitation District (SSLOCSD)
4. Tourism Business Improvement District Advisory Board
5. 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 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

None.

14.

CLOSED SESSION

None.

15.

ADJOURNMENT

There being no further business to come before the City Council, Mayor Ray Russom adjourned the meeting at 10:55 p.m.