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Minutes

Arroyo Grande City Council
May 24, 2022

Document
Minutes
Meeting
May 24, 2022
Body
Arroyo Grande City Council
Text extracted from the city's file for reading and search. Open the original on pub-arroyogrande.escribemeetings.com. That file is the official record.

City Council Meeting - May 24, 2022

1. CALL TO ORDER
Public Comments:

Mayor Ray Russom called the Regular City Council Meeting to order at 6:00 p.m.

2. ROLL CALL
Public Comments:

City Clerk Matson took roll call.

3. MOMENT OF REFLECTION
Public Comments:

4. FLAG SALUTE
Public Comments:

Arroyo Grande Optimist International led the flag salute.

Mayor Ray Russom invited public comment. Speaking from the public was Phil Dollman. Mayor Ray Russom closed public comment.

5. AGENDA REVIEW
Public Comments:

There was Council consensus to move Item 9.b. to the end of the agenda.

5.a
Closed Session Announcements
Public Comments:

City Attorney Carmel announced that there was no reportable action.

5.b
Ordinances read in title only
Public Comments:

Moved by
Mayor Ray Russom
Seconded by
Council Member 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 Paulding, Council Member Barneich, Council Member Storton, and Mayor Pro Tem George Passed (5 to 0)

6. SPECIAL PRESENTATIONS
Public Comments:

6.a
Update Regarding Countywide COVID-19 Efforts
Public Comments:

City Manager McDonald provided a brief update on COVID-19 and the County "Test to Treat" services.

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

No action was taken on this item.

6.b
City Manager Communications
Public Comments:

City Manager McDonald provided information regarding submittal of the application for Multi-Model Project Discretionary Grant funds for the Brisco-Halcyon Interchange Project; and discussed upcoming items for Council consideration.

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

No action was taken on this item.

6.c
Honorary Proclamation Declaring June 2022 as “Pride Month” Attachments
|
Public Comments

1. Honoroary Proclamation - Pride Month.pdf
Mayor Ray Russom read the Honorary Proclamation Declaring June 2022 as "Pride Month". Denise Andrade, 5 Cities Hope, accepted the proclamation.

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

No action was taken on this item.

6.d
Honorary Proclamation Recognizing June 19, 2022 as "Juneteenth Day" in Arroyo Grande Attachments
|
Public Comments

1. Honoroary Proclamation - Juneteenth Day.pdf
Mayor Ray Russom read the Honorary Proclamation Recognizing June 19, 2022 as "Juneteenth Day" in Arroyo Grande. Cheryl Vines, NAACP, accepted the proclamation.

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

No action was taken on this item.

6.e
Honorary Proclamation Declaring June 3, 2022 as “Hunger Awareness Day” Attachments
|
Public Comments

1. Honorary Proclamation - Hunger Awareness Day.pdf
Mayor Ray Russom read the Honorary Proclamation Declaring June 3, 3033 as "Hunger Awareness Day". Branna Still, SLO Food Bank, 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
Public Comments:

Mayor Ray Russom reopened public comment.

Speaking from the public was Greg Steinberger. No further public comments were received.

8. CONSENT AGENDA
Public Comments:

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. Speaking from the public were Scott Kohlbush, and Garrett Philibin.  No further public comments were received.

Council provided comments on Items 8.e. and 8.i.

Moved by
Council Member Barneich
Seconded by
Mayor Pro Tem George
Approve Consent Agenda Items 8.a. through 8.i., 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
Attachments
|
Public Comments

1. CC 2022-05-24 Cash Disbursement Ratification.pdf

2. CC 2022-05-24 Attachment 1 - Cash Disbursement Ratification.pdf

3. CC 2022-05-24 Attachment 2 - Cash Disbursement Ratification.pdf Ratified the attached listing of cash disbursements for the period of April 16 through April 30, 2022.

8.b
Approval of Minutes
Attachments
|
Public Comments

1. Approval of Minutes - CC_May10_2022.pdf

2. Approval of Minutes - SP CC_May18_2022.pdf
Approved the minutes of the Regular City Council Meeting of May 10, 2022 and Special City Council Meeting of May 18, 2022 as submitted.

8.c
Consideration of Resolutions for the 2022 General Municipal Election for the Election of Certain Officers of the City Attachments
|
Public Comments

1. CC 2022-05-24 Calling and Giving Notice of the 2022 Municipal Election.pdf

2. CC 2022-05-24 Attachment 1 - Election Resolution-Candidates.pdf

3. CC 2022-05-24 Attachment 2 - Election Resolution-Consolidation.pdf

4. CC 2022-05-24 Attachment 3 - Election Resolution-Regulations for Statements.pdf

5. CC 2022-05-24 Attachment 4 - Resolution 4949.pdf

6. CC 2022-05-24 Attachment 5 - Adopted Ordinance_District Elections.pdf

7. CC 2022-05-24 Attachment 6 - Staff Report Link.pdf
1) Adopted a Resolution entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES"; 2) Adopted a Resolution entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE"; and 3) Adopted a Resolution entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022". .

8.d
Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the Coronavirus (COVID-19) Pandemic Attachments
|
Public Comments

1. CC 2022-05-24 Continued Local Emergency COVID19.pdf

2. CC 2022-05-24 Attachment 1 - Proposed Resolution_Continued Local Emergency COVID19.pdf 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 Authorizing the Display of the LGTBQ+ Pride Flag During the Month of June 2022 at Heritage Square Park and at City Hall Attachments
|
Public Comments

1. CC 2022-05-24 Consider Authorizing Display of LGBTQ+ Pride Flag.pdf

2. CC 2022-05-24 Attachment 1 - Resolution 5083_Flag Display Policy(1).pdf

3. CC 2022-05-24 Attachment 2 - Resolution 5142_DEIJ Policy.pdf

4. CC 2022-05-24_08e Supplemental 1_Redacted.pdf
Authorized the display of the Pride Flag during the month of June 2022 at Heritage Square Park and at City Hall.

8.f
Consideration of Authorizing the Display of the Juneteenth Flag During the week of June 17-24, 2022 at City Hall Attachments
|
Public Comments

1. CC 2022-05-24 Consider Authorizing Display of Juneteenth Flag.pdf

2. CC 2022-05-24 Attachment 1 - Resolution 5083_Flag Display Policy.pdf

3. CC 2022-05-24_08f Supplemental 1_Redacted.pdf
Authorized the display of the Juneteenth Flag for the week beginning on June 17 through June 24, 2022, at City Hall.

8.g
Consideration of Adoption of a Resolution Approving the Second Amended and Restated Joint Powers Agreement to Establish an Integrated Waste Management Authority for the Cities of San Luis Obispo County, California Attachments
|
Public Comments

1. CC 2022-05-24 IWMA JPA Amendment.pdf

2. CC 2022-05-24 Attachment 1 - Reso to Adopt Second Amendment IWMA JPA.pdf Adopted a Resolution entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE OF THE ADOPTING THE SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT TO ESTABLISH AN INTEGRATED WASTE MANAGEMENT AUTHORITY FOR THE CITIES OF SAN LUIS OBISPO COUNTY, CALIFORNIA".

8.h
Consideration of a Resolution Authorizing the Community Development Director to Submit an Application for the ATP Cycle 6 Grant and Execute any Agreements for the Use of Grant Funds for Implementation of the Halcyon Road Complete Streets Plan Attachments
|
Public Comments

1. CC 2022-05-24 ATP Application for Halcyon.pdf

2. CC 2022-05-24 Attachment 1 - Proposed Resolution_ATP Grant.pdf Adopted a Resolution entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO SUBMIT THE GRANT APPLICATION AND TO EXECUTE ANY NECESSARY AGREEMENTS FOR THE USE OF GRANT FUNDS FROM THE ACTIVE TRANSPORTATION PROGRAM CYCLE 6 GRANT" and execute any agreements necessary for the use of grant funds as approved in the future Council-approved CIP budget in effect at the time the agreements are signed.

8.i
Monthly Water Supply and Demand Update
Attachments
|
Public Comments

1. CC 2022-05-24 Monthly Water Supply and Demand Update.pdf

2. CC 2022-05-24 Attachment 1 - Lopez Monthly Operations Report _April.pdf

3. CC 2022-05-24 Attachment 2 - Lopez Reservoir Storage Projection_April.pdf

4. CC 2022-05-24 Attachment 3 - Monthly Water Use Comparison_April.pdf

5. CC 2022-05-24 Attachment 4 - Monthly Monitoring Report _April.pdf Received and filed the monthly Water Supply and Demand Report.

9. PUBLIC HEARINGS
Public Comments:

9.a
Public Hearing to Consider a Resolution Levying an Annual Assessment for the Arroyo Grande Tourism Business Improvement District (AGTBID) Attachments
|
Public Comments

1. CC 2022-05-24 Public Hearing to Discuss Resolution to Levy Annual Assessment for AGTBID.pdf

2. CC 2022-05-24 Attachment 1 - Proposed Resolution_Levy Assessment AGTBID.pdf

3. CC 2022-05-24 Attachment 2 - Annual Report_AGTBID.pdf City Manager McDonald presented the staff report and Administrative Services Director Valentine responded to questions from Council.

Mayor Ray Russom opened the public hearing.  Speaking from the public were Gaea Powell and Annie Ashbrook.  Upon hearing no further public comments, Mayor Ray Russom closed the public hearing.

City Clerk Matson announced there were no written protests received.

Moved by
Council Member Storton
Seconded by
Council Member Paulding
Adopt a Resolution entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE LEVYING AN ANNUAL ASSESSMENT FOR THE ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT FOR THE 2022-23 FISCAL YEAR".

AYES (5)
Mayor Ray Russom, Council Member Paulding, Council Member Barneich, Council Member Storton, and Mayor Pro Tem George Passed (5 to 0)

9.b
Discuss and Consider Introduction of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code to Implement Senate Bill 9; Development Code Amendment 21-002; Location – Citywide Attachments
|
Public Comments

1. CC 2022-05-24 Introduction of an Ordinance to Implement Senate Bill 9 (SB 9).pdf

2. CC 2022-05-24 Attachment 1 - Proposed Ordinance.pdf

3. CC 2022-05-24 Attachment 2 - SB 9 Bill Text.pdf

4. CC 2022-05-24 Attachment 3 - Staff Report and Minutes from Mar. 22, 2022 Study Session.pdf

5. CC 2022-05-24 Attachment 4 - Staff Report and Minutes from May 3, 2022 PC Meeting.pdf

6. CC 2022-05-24 Attachment 5 - PC Resolution 22-2361.pdf

7. CC 2022-05-24 Attachment 6 - SB 9 Fact Sheet.pdf

8. CC 2022-05-24 Attachment 7 - Farmland Map.pdf

9. CC 2022-05-24 Attachment 8 - Draft ARC Minutes from April 18, 2022.pdf

10. CC 2022-05-24_09b Supplemental 1.pdf

11. CC 2022-05-24_09b Supplemental 2_Redacted.pdf
This item was heard after Item 11.b.

Mayor Ray Russom called for a brief break at 8:09 p.m. The Council reconvened at 8:15 p.m.

Community Development Director Pedrotti introduced the item and Planning Manager Perez presented the staff report. Mr. Pedrotti, Mr. Perez, Assistant City Manager/Public Works Director Robeson, and City Manager McDonald responded to questions from Council.

Mayor Ray Russom opened the public hearing.  Speaking from the public were Rachel Mann, Garrett Philbin, Krista Jeffries, and Kevin Buchanan.  Upon hearing no further public comments, Mayor Ray Russom closed the public hearing.

Council discussion ensued regarding revisions to the Ordinance based on City advisory body recommendations. There was Council consensus regarding the following revisions: having 4 units for smaller lots and 6 units for larger lots for urban lot splits; using Floor-Area Ratio (FAR) as the limit for maximum unit size; 2 ADUs with two-unit developments and 1 on each lot with urban lot splits; a maximum height of 16 feet within setback of underlying zone and 30 feet outside the zone; 1 uncovered parking space required per unit; not allowing fee waivers; and not allowing rooftop decks.

Moved by
Mayor Ray Russom
Seconded by
Council Member Barneich
Continue the public hearing and introduction of the Ordinance to a date certain of June 14, 2022 AYES (5)
Mayor Ray Russom, Council Member Paulding, Council Member Barneich, Council Member Storton, and Mayor Pro Tem George Passed (5 to 0)

9.c
Consideration of 5-Year Review of Local Sales Tax
Attachments
|
Public Comments

1. CC 2022-05-24 Consideration of 5-Year Review of Local Sales Tax(1).pdf

2. CC 2022-05-24 Attachment 1 - Measure O-6 Res 3979(1).pdf

3. CC 2022-05-24 Attachment 2 - Local Sales Tax HistoryFY 2016-2021(1).pdf

4. CC 2022-05-24 Attachment 3 - Local Sales Tax 5-Year Revenue and Expenditure PlanV3(1).pdf Administrative Services Director Valentine presented the staff report and responded to questions from Council.

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

Moved by
Council Member Paulding
Seconded by
Mayor Pro Tem George
Receive and file the 5-year report covering the period of July 2016 through June 2021, and approve continuation of the local sales tax.

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
Public Comments:

None.

11. NEW BUSINESS
Public Comments:

11.a
Discussion and Consideration of the 5-Year Capital Improvement Program and 5-Year Local Sales Tax Fund Expenditure Program Attachments
|
Public Comments

1. CC 2022-05-24 5-Year Capital Improvement Program - Local Sales Tax Expenditures Program.pdf

2. CC 2022-05-24 Attachment 1 - 5-Year CIP for FY 2022-23 through 2026-27.pdf

3. CC 2022-05-24 Attachment 2 - Local Sales Tax 5-Year Revenue and Expenditure Plan.pdf Administrative Services Director Valentine presented the staff report and responded to questions from Council.

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

Council provided direction to staff.

11.b
Consideration of Placing a Local Transactions and Use Tax (“Sales Tax”) Measure on the November 8, 2022 Ballot Attachments
|
Public Comments

1. CC 2022-05-24 Consideration of a Local Sales and Use Tax Measure.pdf

2. CC 2022-05-24 Attachment 1 - Sales Tax Measure on November Ballot Reso.pdf

3. CC 2022-05-24 Attachment 2 - Transaction and Use Tax Ordinance.pdf

4. CC 2022-05-24 Attachment 3 - Setting Priorities for Arguments and Impartial Analysis Reso.pdf

5. CC 2022-05-24 Attachment 4 - Measure Rebuttal Resolution.pdf

6. CC 2022-05-24 Attachment 5 - Measure Argument in Favor.pdf

7. CC 2022-05-24 Attachment 6-9 - Sales Tax Measure.pdf

8. CC 2022-05-24_11b Supplemental 1.pdf
City Manager McDonald presented the staff report and responded to questions from Council.

Mayor Ray Russom invited public comment. Speaking from the public were Garrett Philbin and Jim Guthrie. No further public comments were received. City Manager McDonald responded to questions from the public. City Attorney Carmel commented on suggested wording changes to the ballot question.

Moved by
Council Member Storton
Seconded by
Mayor Pro Tem George
Adopt a Resolution entitled:
"

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A MEASURE RELATING TO THE ESTABLISHMENT OF A LOCAL TRANSACTION AND USE TAX (SALES TAX) AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, AS CALLED BY RESOLUTION NO. 5187".

AYES (5)
Mayor Ray Russom, Council Member Paulding, Council Member Barneich, Council Member Storton, and Mayor Pro Tem George Passed (5 to 0)
Moved by
Council Member Storton
Seconded by
Council Member Barneich
Introduce an Ordinance entitled:
"
AN ORDINANCE OF THE CITY OF ARROYO GRANDE ADDING CHAPTER 3.23 TO TITLE 3 OF THE ARROYO GRANDE MUNICIPAL CODE RELATED TO A TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION".

City Attorney Carmel read the full title of the Ordinance .

AYES (5)
Mayor Ray Russom, Council Member Paulding, Council Member Barneich, Council Member Storton, and Mayor Pro Tem George Passed (5 to 0)
Moved by
Council Member Storton
Seconded by
Mayor Ray Russom
Adopt a Resolution entitled:
"
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS".

AYES (5)
Mayor Ray Russom, Council Member Paulding, Council Member Barneich, Council Member Storton, and Mayor Pro Tem George Passed (5 to 0)
Moved by
Council Member Storton
Seconded by
Mayor Pro Tem George
Adopt a Resolution entitled:
"
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS".

AYES (5)
Mayor Ray Russom, Council Member Paulding, Council Member Barneich, Council Member Storton, and Mayor Pro Tem George Passed (5 to 0)
Moved by
Council Member Storton
Seconded by
Council Member Barneich
Approve the argument to be submitted in favor of the measure as revised.

AYES (5)
Mayor Ray Russom, Council Member Paulding, Council Member Barneich, Council Member Storton, and Mayor Pro Tem George Passed (5 to 0)

12. CITY COUNCIL REPORTS
Public Comments:

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.

12.a
MAYOR RAY RUSSOM:

Public Comments:

California Joint Powers Insurance Authority (CJPIA)
South San Luis Obispo County Sanitation District (SSLOCSD) Tourism Business Improvement District Advisory Board
Other

12.b
MAYOR PRO TEM GEORGE:

Public Comments:

County Water Resources Advisory Committee (WRAC)
Visit SLO CAL Advisory Board
Other

12.c
COUNCIL MEMBER BARNEICH:

Public Comments:

Audit Committee
Homeless Services Oversight Council (HSOC)
Zone 3 Water Advisory Board
Other

12.d
COUNCIL MEMBER PAULDING:

Public Comments:

Air Pollution Control District (APCD)
Brisco/Halcyon Interchange Subcommittee
Council of Governments/Regional Transit Authority/ South County Transit (SLOCOG/SLORTA/SCT) REACH SLO Advisory Commission
Other

12.e
COUNCIL MEMBER STORTON:

Public Comments:

Brisco/Halcyon Interchange Subcommittee
Five Cities Fire Authority (FCFA)
Integrated Waste Management Authority Board (IWMA)
South County Chambers of Commerce Governmental Affairs Committee Other

13. COUNCIL COMMUNICATIONS
Public Comments:

Mayor Pro Tem George commented on her appreciation for the SB 9 study session and thanked staff for their work on the item.

14. CLOSED SESSION
Public Comments:

None.

15. ADJOURNMENT
Public Comments:

There being no further business to come before the City Council, Mayor Ray Russom adjourned the meeting at 10:54 p.m.

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