ACTION MINUTES

REGULAR MEETING OF THE CITY COUNCIL

Tuesday, October 11, 2022 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, 
• Mayor Pro Tem George, 
• Council Member Barneich, 
• Council Member Paulding, 
• and Council Member Storton

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 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 6:07 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

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

The City Attorney announced that there was no reportable action.

5.b

Ordinances read in title only

• Moved by Mayor Ray Russom
  Seconded by Council Member Storton

  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 Tem George

  Passed (5 to 0)

6.

SPECIAL PRESENTATIONS

6.a

Honorary Proclamation Declaring October 2022 as National Dating and Domestic Violence Action Month

Mayor Ray Russom read the Honorary Proclamation Declaring October 2022 as National Dating and Domestic Violence Action Month. Nancy DePue, Lumina Alliance Board Member, accepted the proclamation.

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

No action was taken on this item.

6.b

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.c

City Manager Communications

City Manager McDonald provided information regarding the Halloween Carnival and Maze on October 29th; Branch Street closure for Halloween in the Village on October 31st; and Assistant City Manager/Public Works Director Robeson commented on the closure of South Mason Street on October 14th for removal of a tree. 

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 pulled Item 8.h. for separate vote.

Mayor Ray Russom commented that the Beer and Wine Festival (Item 8.j.) will take place the first weekend in November.

Mayor Ray Russom invited public comment. City Clerk Matson read into the record written comments received from the Arroyo Grande Village Association.  No further public comments were received.

• Moved by Council Member Paulding
  Seconded by Mayor Pro Tem George

  Approve Consent Agenda Items 8.a. through 8.k., with the exception of Item 8.h., with the recommended courses of action.  City Attorney Carmel read into the record the full title of the Ordinance in Item 8.i. 

  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 September 1 through September 15, 2022.

8.b

Consideration of Statement of Investment Deposits

• Received and filed the report listing investment deposits of the City of Arroyo Grande as of August 31, 2022, as required by Government Code Section 53646(b).

8.c

Approval of Minutes

• Approved the minutes of the Regular City Council Meeting of September 27, 2022.

8.d

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.e

Consideration of Cancellation of the December 27, 2022 City Council Meeting

• Cancelled the regularly scheduled Council meeting of December 27, 2022, due to the holidays.

8.f

Consideration of Adoption of a Resolution Authorizing the Temporary Closure of South Mason Street from East Branch Street to Nelson Street on Friday October 14, 2022

• Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE TEMPORARY CLOSURE OF SOUTH MASON STREET FROM EAST BRANCH STREET TO NESLON STREET REQUESTED BY THE CITY OF ARROYO GRNADE PUBLIC WORKS DEPARTMENT FOR THE REMOVAL OF A STREET TREE".

8.g

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".

8.i

Consideration of Adoption of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code (AGMC) Regarding a Permanent Parklet Program; Development Code Amendment 22-003 Location - Citywide

• Adopted an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING THE ESTABLISHMENT OF A PERMANENT PARKLET PROGRAM".

8.j

Consideration of Temporary Use Permit 22-010 Authorizing the Use of Heritage Square Park for the 2022 Arroyo Grande Beer and Wine Festival; Location – Heritage Square Park; Applicant – Arroyo Grande Village Association

• Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT NO. 22-010 AND WAIVER OF APPLICATION FEES; AUTHORIZATION TO USE CITY PROPERTY FOR A BEER AND WINE FESTIVAL ON NOVEMBER 5, 2022; LOCATED AT HERITAGE SQUARE PARK; APPLIED FOR BY THE ARROYO GRANDE VILLAGE ASSOCIATION".

8.k

Consideration of Approval of an Amendment to the Contract for Consultant Services with Quincy Engineering for the Traffic Way Bridge Project

• Approved and authorized the Mayor to execute Amendment 2 to the Contract for Consultant Services with Quincy Engineering Inc.

8.h

Consideration of Adoption of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code Regarding Short Term Rentals (Vacation Rentals and Homestays); Development Code Amendment 22-002

Mayor Pro Tem George and Council Member Barneich declared conflicts of interest and left the meeting.

Staff responded to questions from Council regarding the cap on the number of vacation rentals.

City Manager McDonald provided clarification on the Ordinance process.

Mayor Ray Russom invited public comment. Speaking from the public were Brendon and Josh Reynolds. No further public comments were received.

Staff responded to questions from the public.

Council Member Paulding made a motion to adopt the Ordinance. Council discussion ensued regarding revisiting minimum thresholds established for Transient Occupancy Tax (TOT) payments during a six-month lookback of the Ordinance. Council Member Paulding amended his motion.

• Moved by Council Member Paulding
  Seconded by Council Member Storton

  Adopted an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING VACATION RENTALS AND HOMESTAYS" and directed staff to revisit the TOT minimum threshold upon the six month look back. City Attorney Carmel read the full title of the Ordinance into the record.

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

  Passed (3 to 0)

9.

PUBLIC HEARINGS

9.a

Consider a Resolution Accepting a Donation of Time and Materials for the Painting of Utility Boxes Citywide and Waiving Encroachment Permit Fees; Staff Project 22-002; Location – Citywide; Applicant – Shirley Horacek, Arroyo Grande Public Art

Community Development Director introduced the item, and Associate Planner Holub presented the report and responded to questions from Council.

Mayor Ray Russom opened the public hearing and invited public comment. Upon receiving no public comments, Mayor Ray Russom closed the public hearing.

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

  Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING A DONATION OF TIME AND MATERIALS FOR THE PAINTING OF UTILITY BOXES CITYWIDE AND WAIVING OF ENCROACHMENT PERMIT FEES; STAFF PROJECT 22-002; LOCATION – CITYWIDE; APPLICANT – SHIRLEY HORACEK, ARROYO GRANDE PUBLIC ART".

  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

None.

11.

NEW BUSINESS

None.

12.

COUNCIL COMMUNICATIONS

None.

13.

CLOSED SESSION

None.

14.

ADJOURNMENT

There being no further business to come before the City Council, Mayor Ray Russom adjourned the meeting at 7:04 p.m.