ACTION MINUTES

REGULAR MEETING OF THE CITY COUNCIL

Tuesday, November 09, 2021 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,
• Mayor Pro Tem Paulding,
• Council Member Barneich,
• Council Member Storton,
• and Council Member George

Staff Present:

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

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 Regular City Council Meeting to order at 6:00 p.m. 

2.

ROLL CALL

City Clerk Matson performed 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 at 5:00 p.m.:

Special Meeting of November 9, 2021

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

Property: Harden Street at North Mason Street

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

Negotiating parties: Ty Green, on behalf of Alex Carapeti and Kristiane Schmidt

Under negotiation: Price and terms of payment

b) PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957:

Title: City Attorney

City Attorney Carmel announced that the City Council discussed negotiations with real property negotiators and the public employee performance evaluation of the City Attorney, and that there was no reportable action.  Mayor Ray Russom indicated that the Council did not finish its discussion and would resume special meeting closed session following the regular meeting.

5.b

Ordinances read in title only

• Moved by Mayor Ray Russom
  Seconded by Council Member Storton

  Moved that all ordinances presented for introduction or adoption be read in title only and all further readings be waived.

  AYES (5)

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

  Passed (5 to 0)

6.

SPECIAL PRESENTATIONS

6.a

Update Regarding Countywide COVID-19 Efforts

City Manager McDonald provided a brief update on COVID-19 statistics.

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 stated that the Water and Wastewater Rate Study report will be coming to Council at the December 14th City Council meeting; the Annual Turkey Trot Fun Run will be held on November 14th; Elegant Christmas in the Village is scheduled for December 4th; and that funds have been raised to light the Village for the holidays.

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

No action was taken on this item.

6.c

Honorary Proclamation Declaring November 2021 as Family Court Awareness Month

Mayor Ray Russom read the Honorary Proclamation Recognizing November as Family court Awareness Month. Tina Swithin, 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.  Speaking from the public were Francine Errico, and Shirley Gibson.  No further 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.

Mayor Ray Russom commented on Item 8.e. and explained the impact of the proposed boundary change to the City. 

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

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

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

  AYES (5)

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

  Passed (5 to 0)

8.a

Cash Disbursement Ratification

Ratified the listing of cash disbursements for the period of October 16, 2021 through October 3, 2021.

8.b

Fiscal Year 2020-21 Year-End Financial Status Report

Considered, received, and filed the FY 2020-21 Year-End Financial Status Report.

8.c

Approval of Minutes

Approved the minutes of the Regular City Council Meeting of October 26, 2021, as submitted.

8.d

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

Approval of a Letter to the 2020 California Citizens Redistricting Commission Regarding the Visualization of Assembly Districts Impacting the City of Arroyo Grande

Authorized the Mayor to execute the proposed letter to the 2020 California Citizens Redistricting Commission regarding the visualization presented for the week of October 27, 2021, impacting the Assembly district boundary applicable to the City.

8.f

Appointment of an Alternate Board Member to Serve in the Central Coast Community Energy Policy Board for Calendar Years 2022-2024

Appointed of the Mayor to serve as an alternate on the Central Coast Community Energy (CCCE) Policy Board for a term of two years beginning January 1, 2022. 

8.g

Approve Purchase of Playground Equipment Using the Cooperative Purchasing Agreement with OMNIA Partners for the Inclusive Playground Replacement Project at Elm Street Park

Approved the purchase of equipment using the cooperative purchasing agreement with OMNIA Partners for playground equipment with Play & Park Structures for the Inclusive Elm Street Park Playground Replacement Project.

8.h

Adoption of an Ordinance Adding Chapter 8.33, Mandatory Organic Waste Disposal Reduction, and Chapter 15.06, SB 1383 CalGreen Recycling and Model Water Efficient Landscaping Ordinance Requirements, to the Municipal Code to Comply with SB 1383

Adopted an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADDING CHAPTER 8.33, MANDATORY ORGANIC WASTE DISPOSAL REDUCTION, AND CHAPTER 15.06, SB 1383 CALGREEN RECYCLING AND MODEL WATER EFFICIENT LANDSCAPING ORDINANCE REQUIREMENTS, TO THE ARROYO GRANDE MUNICIPAL CODE TO COMPLY WITH THE REQUIREMENTS OF SB 1383".

8.i

Adoption of a Resolution Finding an Emergency Exists Within the City and Authorizing Contracting Without A Competitive Solicitation for Bids for the Storm Drain System at 251 East Grand Avenue Project, PW 2021-12

1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING AN EMERGENCY AND AUTHORIZING THE IMMEDIATE EXPENDITURE OF FUNDS TO REPAIR THE STORM DRAIN SYSTEM AT 251 EAST GRAND AVENUE"; and 2) Authorized the City Manager, or designee, to execute contracts with specialized contractors for repair of the Storm Drain System at 251 East Grand Avenue Project, PW 2021-12.

8.j

Temporary Use Permit Case No. 21-012; Authorizing the Village Christmas Parade on Saturday, December 4, 2021, and the Closure of City Streets; Applicant - Doc Burnstein's Ice Cream Lab; Representative - Czarina Taylor

1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT NO. 21-012 AND AUTHORIZING THE CLOSURE OF CITY STREETS FOR THE ANNUAL ARROYO GRANDE VILLAGE CHRISTMAS PARADE, DECEMBER 4, 2021"; and 2) Appropriated $6,650 from the General Fund Reserve to facilitate implementation of safety measures for the event.

9.

PUBLIC HEARINGS

9.a

Continued Appeal to City Council Case 21-003; Appeal of Condition Use Permit 21-005 for an Addition to an Existing Commercial Structure and Establishment of an Art Gallery and Wine Tasting Collective; Location-211 E Branch St; Appellant-Shirley Gibson

Council Member Barneich declared a conflict stating that she had spoken to both the appellants and the applicants at length, recused herself and left the meeting.

Community Development Director Brian Pedrotti introduced the item.  Associate Planner Perez presented the report and recommended that the Council adopt the proposed Resolution denying Appeal Case 21-003 and approving Conditional Use Permit 21-005 as revised.  Staff responded to question from Council.

Mayor Ray Russom opened the public hearing.  Speaking from the public were Shirley Gibson, Jennifer Martin, Eric Vonberg, Jill Vonberg, Jim Guthrie, Camilla Karamanlis, and Kevin Buchanan.  The Council requested to hear a presentation from the architect on the revised project design.  Jennifer Martin, project architect, presented and responded to questions from Council.

Appellant, Shirley Gibson, responded to questions from Council.

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

Council discussion ensued regarding sending the project back through advisory bodies for review.

City Attorney Carmel clarified the recommended action.

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

  Adopt the proposed Resolution denying Appeal Case 21-003 and approving Conditional Use Permit 21-005 and modifying Condition No. 7 to include the sentence, "Prior to permit issuance, architectural details consistent with the revised plan shall be reviewed and approved by the Architectural Review Committee".

  AYES (3)	Mayor Pro Tem Paulding, Council Member Storton, and Council Member George
  NOES (1)	Mayor Ray Russom
  ABSENT (1)	Council Member Barneich

  Passed (3 to 1)

10.

OLD BUSINESS

None.

Mayor Ray Russom called for a brief break at 8:57 p.m.  The Council reconvened at 9:02 p.m.

Council Member Barneich rejoined the meeting.

11.

NEW BUSINESS

11.a

Approval of Second Amendment to the Integrated Waste Management Authority (IWMA) JPA, First Amendment to the IWMA Memorandum of Agreement, and Resolution Declaring Intent to Remain a Member of the IWMA Subject to Conditions

City Manager McDonald presented the staff report and recommended that the Council: 1) Approve the Second Amendment to the San Luis Obispo County Integrated Waste Management Authority (“IWMA”) Joint Powers Agreement; 2) Approve the First Amendment to the Memorandum of Agreement (MOA) between the member jurisdictions of the IWMA and the authorized districts; and 3) Adopt a Resolution declaring the City’s intent to remain a member of the IWMA so long as certain conditions are met.

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

• Moved by Mayor Ray Russom
  Seconded by Council Member George

  Adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE TO REMAIN A MEMBER AGENCY OF THE SAN LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT AUTHORITY PROVIDED CERTAIN CONDITIONS ARE SATISFIED" and amend Section 2.b. to read as follows, "The revised JPA Agreement must be fully executed as soon as possible but not before completion of item (c) below, with particular emphasis on items (ii) and (iii)."

  AYES (5)

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

  Passed (5 to 0)
• Moved by Mayor Ray Russom
  Seconded by Council Member George

  Approve the Second Amendment to the San Luis Obispo County Integrated Waste Management Authority (“IWMA”) Joint Powers Agreement; and Approve the First Amendment to the Memorandum of Agreement (MOA) between the member jurisdictions of the IWMA and the authorized districts.

  AYES (5)

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

  Passed (5 to 0)

12.

COUNCIL COMMUNICATIONS

None.

13.

CLOSED SESSION

At 9:46 p.m., Mayor Ray Russom announced that Council will be going into Closed Session to resume discussions.

At 10:08 p.m., the closed session concluded and City Attorney Carmel announced that there was no reportable action.  He stated that this report would also be made at the beginning of the next City Council meeting as this portion of the meeting is not recorded or videotaped.

14.

ADJOURNMENT

There being no further business to come before the City Council, Mayor Ray Russom adjourned the meeting at 10:09 p.m.