ACTION MINUTES

REGULAR MEETING OF THE CITY COUNCIL

Tuesday, January 24, 2023 at 6:00 P.m. - 11:00 P.m.

Hybrid City Council Chamber/Virtual Zoom Meeting

215 East Branch Street, Arroyo Grande

Council Members Present:

• Mayor Ray Russom, 
• Council Member George, 
• Mayor Pro Tem Barneich, 
• Council Member Guthrie, 
• and Council Member Secrest 

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 

Due to ongoing COVID-19 concerns 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 conducted in a hybrid in-person/virtual format. 

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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

Krista Bandy, Arroyo Grande Village Association, led the flag salute. 

5.

AGENDA REVIEW

5.a

Closed Session Announcements

Regular Meeting of January 10, 2023

a) PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957(b)(1):

Title: Interim City Attorney

Assistant City Attorney Hirsch gave a report on closed session. There was no reportable action.

5.b

Ordinances read in title only

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

  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 Guthrie, Mayor Pro Tem Barneich, Council Member Secrest, and Council Member George

  Passed (5 to 0)

6.

SPECIAL PRESENTATIONS

6.a

Honorary Proclamation Declaring February 2023 as Black History Month

Mayor Ray Russom read the Honorary Proclamation Declaring February 2023 as Black History Month. Rev. Stephen Vines, President of NAACP San Luis Obispo Chapter, accepted the proclamation.

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

No action was taken on this item.

6.b

Child Care Grant Awards Presentation

City Manager McDonald presented and announced the Child Care Grant award recipients.

Mayor Ray Russom invited public comment. Speaking from the public was Rev. Stephen Vines. No further public comments were received.

6.c

Update Regarding Countywide COVID-19 Efforts

City Manager McDonald provided a brief update on COVID-19 including the closing of the County's free COVID-19 testing sites due to loss of State funding and provided information on other free testing options.

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

No action was taken on this item.

6.d

City Manager Communications

City Manager McDonald provided information regarding upcoming items for Council consideration and the upcoming City Council goal-setting meeting in March.

Assistant City Manager/Public Works Director Robeson provided information regarding storm debris centers in San Luis Obispo County and within the city.

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

No action was taken on this item.

7.

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.

7.a

MAYOR RAY RUSSOM:

1. California Joint Powers Insurance Authority (CJPIA)
2. Central Cost Blue Regional Recycled Water Authority Board
3. South San Luis Obispo County Sanitation District (SSLOCSD)
4. Other

7.b

MAYOR PRO TEM BARNEICH:

1. Audit Committee
2. Homeless Services Oversight Council (HSOC)
3. Zone 3 Water Advisory Board
4. Other

7.c

COUNCIL MEMBER GEORGE:

1. Five Cities Fire Authority
2. Tourism Business Improvement District Advisory Board
3. Visit SLO CAL Advisory Board
4. Other

7.d

COUNCIL MEMBER GUTHRIE:

1. County Water Resources Advisory Committee (WRAC)
2. Council of Governments/Regional Transit Authority/ South County Transit (SLOCOG/SLORTA/SCT)
3. Integrated Waste Management Authority Board (IWMA)
4. REACH SLO Advisory Commission
5. Other

7.e

COUNCIL MEMBER SECREST:

1. Air Pollution Control District (APCD)
2. Brisco/Halcyon Interchange Subcommittee
3. South County Chambers of Commerce Governmental Affairs Committee
4. Other 

8.

COMMUNITY COMMENTS AND SUGGESTIONS

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

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.  

Council commented on Items 9.e., 9.j., 9.m., and 9.n. Staff responded to questions from Council.

Mayor Ray Russom requested to agendize an item regarding suspending water penalties. Council Member Guthrie concurred and asked to include a discussion on goals for target water use, on a future agenda.  Mayor Ray Russom concurred.

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.n., with the recommended courses of action.

  AYES (5)

  Mayor Ray Russom, Council Member Guthrie, Mayor Pro Tem Barneich, Council Member Secrest, and Council Member George

  Passed (5 to 0)

9.a

Consideration of Cash Disbursement Ratification

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

9.b

Annual Financial Report for Fiscal Year 2021-2022 – Receipt and Use of Water and Sewer Capacity and Connection Fees/Charges

• Received and filed the annual report of the receipt and use of water and sewer capacity and connection fees and charges, in compliance with Government Code Section 66013.

9.c

Consideration of a Resolution Approving the Annual Adjustment of Sewer Connection Fees

• Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADJUSTING SEWER CONNECTION FEES BY THE CHANGE IN THE ENGINEERING NEWS RECORD CONSTRUCTION COST INDEX".

9.d

Consideration of a Resolution Approving the Annual Adjustment of Development Impact Fees

• Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADJUSTING DEVELOPMENT IMPACT FEES BY THE CHANGE IN THE ENGINEERING NEWS RECORD CONSTRUCTION COST INDEX".

9.e

Consideration of Adoption of a Resolution Confirming the Emergency Services Director’s Proclamation of Existence of a Local Emergency in the City of Arroyo Grande and Waiving Demolition Permit and Inspection Fees Related to Flood Damage

• Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CONFIRMING THE EMERGENCY SERVICES DIRECTOR’S PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY IN ARROYO GRANDE AND WAIVING DEMOLITION PERMIT AND INSPECTION FEES FOR FLOODED RESIDENTS".

9.f

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".

9.g

Consideration of Agreement with Best Best & Krieger for Interim City Attorney Services

• Approved the Agreement and appointed Isaac Rosen, of Best Best & Krieger, as the Interim City Attorney.

9.h

Approval of Minutes

• Approved the minutes of the Regular City Council Meeting of January 10, 2023, as submitted.

9.i

Consideration of Adoption of a Resolution Establishing an Electronic Signature Use Policy

• Adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING AN ELECTRONIC SIGNATURE USE POLICY FOR SELECT CITY DOCUMENTS", and adopting additional guidelines as necessary to implement the Policy’s stated purpose.

9.j

Consideration of Council Appointments to Various City Commissions, Boards, and Committees

• Approved the appointments to the various City Commissions, Boards, and Committees.

9.k

Consideration to Adopt a Resolution Pursuant to Public Contract Code Section 22050 Determining to Continue Work Under Emergency Contracts for the FCFA Station 1 Emergency Generator Replacement Project, PW 2021-09

• 1) Received and filed an update of the emergency generator replacement project at the FCFA Station 1; and 2) 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 FOR THE FCFA STATION 1 EMERGENCY GENERATOR REPLACEMENT PROJECT".

9.l

Consideration of Acceptance of the Elm Street Park Inclusive Playground Replacement Project, PW 2020-02

• 1) Accepted the project improvements as constructed by Park and Play Structures and Central Coast Playgrounds, Inc. in accordance with the plans and specifications for the Elm Street Park Inclusive Playground Replacement Project, PW 2020-02; 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.

9.m

Calendar Year 2022 Water Supply and Demand Update

• Received and filed the Calendar Year 2022 Water Supply and Demand Update.

9.n

Consideration of a Resolution Accepting Public Improvements Associated with Plot Plan Review 19-011 Located at 329 Traffic Way and Finding the Project Exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15061(b)(3)

• Adopted a Resolution entitled: "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING PUBLIC IMPROVEMENTS ASSOCIATED WITH PLOT PLAN REVIEW 19-011, LOCATED AT 329 TRAFFIC WAY".

10.

PUBLIC HEARINGS

10.a

Consider Adoption of an Ordinance Regarding 2022 Building Codes and Other Codes as Listed Below; and Finding of Exemption from the California Environmental Quality Act (CEQA) per CEQA Guidelines §15061(b)(3)

Community Development Director Pedrotti presented the item and recommended that the Council adopt the Ordinance to adopt by reference the 2022 Building Codes and other codes as listed. 

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

Assistant City Attorney Hirsch provided clarification regarding the reading of the Ordinance Title.

• Moved by Mayor Pro Tem Barneich
  Seconded by Council Member Guthrie

  Adopt an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING PROVISIONS IN TITLES 8 AND 15 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING THE ADOPTION BY REFERENCE OF THE 2022 CALIFORNIA FIRE CODE, 1997 UNIFORM ADMINISTRATIVE CODE, 2022 CALIFORNIA BUILDING CODE, 2022 CALIFORNIA ELECTRICAL CODE, 2022 CALIFORNIA MECHANICAL CODE, 2022 CALIFORNIA PLUMBING CODE, 1997 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 2022 CALIFORNIA RESIDENTIAL CODE, 2022 CALIFORNIA ENERGY CODE, 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, AND THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE; ADDING CHAPTER 15.06 REGARDING SWIMMING POOLS AND ADOPTING THE 2021 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE; ADDING CHAPTER 15.07 REGARDING SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS; ADDING CHAPTER 15.11 REGARDING ELECTRIC VEHICLE CHARGING STATIONS; AMENDING AND RENUMBERING ARROYO GRANDE MUNICIPAL CODE CHAPTER 15.08 AS CHAPTER 15.12, AND AMENDING AND RENUMBERING ARROYO GRANDE MUNICIPAL CODE CHAPTER 15.10 AS CHAPTER 15.13".

11.

OLD BUSINESS

11.a

Receive an Update on Progress Toward Council Goals and Priorities

City Manager McDonald provided a presentation regarding progress toward the City Council's Fiscal Year 2022-23 Goals and Priorities.

Discussion ensued regarding water resources. Staff responded to questions from Council.

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

12.

NEW BUSINESS

None.

13.

COUNCIL COMMUNICATIONS

Mayor Pro Tem Barneich commented on a short film called "Restrictions Apply"; stated that $6,500 was raised by the 5Cities Homeless Coalition for flood relief; and provided a status report on the current 5Cities Homeless Coalition cabin project.

Council Member George commented on warming shelter operations.

14.

CLOSED SESSION

None.

15.

ADJOURNMENT

There being no further business to come before the City Council, Mayor Ray Russom adjourned the meeting at 8:15 p.m.