City Council Meeting - February 14, 2023
1. CALL TO ORDER
Public Comments:
2. ROLL CALL
Public Comments:
3. MOMENT OF REFLECTION
Public Comments:
4. FLAG SALUTE
Public Comments:
5. AGENDA REVIEW
Public Comments:
5.a
Closed Session Announcements
Public Comments:
None.
5.b
Ordinances read in title only
Public Comments:
None.
6. SPECIAL PRESENTATIONS
Public Comments:
6.a
Honorary Proclamation Recognizing February 2023 as Teen Dating Violence Action and Prevention Month Attachments
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Public Comments
1. CC 2023-02-14 Honorary Proclamation Recognizing Teen Dating Violence Action and Prevention Month.pdf
6.b
Introductions and Oath of Office - Police Officers Christopher Bennett and Jesse Pierce Attachments
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Public Comments
1. CC 2023-02-14_06b Introduction of New Employees_C Bennett_J Pierce.pdf (MARTINEZ/MATSON)
6.c
San Luis Obispo Council of Governments Regional Transportation Plan Presentation Attachments
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Public Comments
1. CC 2023-02-14_06c SLOCOG Regional Transportation Plan Presentation.pdf
6.d
Update Regarding Countywide COVID-19 Efforts
Public Comments:
(McDONALD)
Recommended Action:
Receive update, accept public comments, discuss, and provide direction as necessary.
6.e
City Manager Communications
Public Comments:
(McDONALD)
Recommended Action:
Receive correspondence/comments as presented by the City Manager and Provide direction, as necessary.
7. CITY COUNCIL REPORTS
Public Comments:
None.
Reports are made during the Second Council Meeting each month.
8. COMMUNITY COMMENTS AND SUGGESTIONS
Public Comments:
This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions on matters not scheduled on this agenda. Comments should be limited to those matters that are within the jurisdiction of the City Council. Members of the public may provide public comment in-person or remotely by joining the Zoom meeting utilizing one of the methods provided below. Please use the “raise hand” feature to indicate your desire to provide public comment.
Click the link below to join the webinar:
https://us02web.zoom.us/j/86752345420
; Webinar ID: 867 5234 5420
Or by Telephone: 1-669-900-6833; 1-346-248-7799
Press * 9 to “raise hand” for public comment
The Brown Act restricts the Council from taking formal action on matters not published on the agenda. In response to your comments, the Mayor or presiding Council Member may:
• Direct City staff to assist or coordinate with you.
• A Council Member may state a desire to meet with you. • It may be the desire of the Council to place your issue or matter on a future Council agenda.
Please adhere to the following procedures when addressing the Council:
• Comments should be limited to 3 minutes or less.
• Your comments should be directed to the Council as a whole and not directed to individual Council members. • Slanderous, profane or personal remarks against any Council Member or member of the audience shall not be permitted.
9. CONSENT AGENDA
Public Comments:
The following routine items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Any member of the public who wishes to comment on any Consent Agenda item may do so at this time. Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action. The City Council may approve the remainder of the Consent Agenda on one motion.
9.a
Consideration of Cash Disbursement Ratification
Attachments
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Public Comments
1. CC 2023-02-14 Cash Disbursement Ratification.pdf
2. CC 2023-02-14 Attachment 1 - Cash Disbursement Ratification.pdf
3. CC 2023-02-14 Attachment 2 - Cash Disbursement Ratification.pdf (VALENTINE)
Ratifying the cash disbursements is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) Recommended Action:
Ratify the attached listing of cash disbursements for the period of January 1 through January 15, 2023.
9.b
Consideration of Statement of Investment Deposits
Attachments
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Public Comments
1. CC 2023-02-14 Statement of Investment Deposits.pdf
2. CC 2023-02-14 Attachment 1 - Statement of Investment Deposits.pdf (VALENTINE)
Receiving and filing the Statement of Investment Deposits is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) Recommended Action:
Receive and file the attached report listing investment deposits of the City of Arroyo Grande as of December 31, 2022, as required by Government Code Section 53646(b).
9.c
Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the COVID-19 Pandemic and Authorizing the Continuance of Remote Teleconference Meetings of the Legislative and Advisory Bodies Pursuant to Government Code Section 5 Attachments
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Public Comments
1. 2023-02-14 Continued Local Emergency COVID19 and Teleconference Meetings.pdf
2. CC 2023-02-14 Attachment 1 - Proposed Resolution_Continued Local Emergency and Remote Meetings.pdf (McDONALD)
Adopting the Resolution continuing a local emergency is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) Recommended Action:
Adopt a Resolution declaring a continued local emergency related to the Coronavirus (COVID-19) pandemic and authorizing the continuance of remote teleconference meetings pursuant to Government Code Section 54953(e)(3).
9.d
Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the January 2023 Storm Events Attachments
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Public Comments
1. CC 2023-02-14 Continued Local Emergency January 2023 Storm Events.pdf
2. CC 2023-02-14 Attachment 1 - Proposed Resolution.pdf (McDONALD)
Adopting the Resolution continuing a local emergency is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) Recommended Action:
Adopt a Resolution declaring a continued local emergency related to the January 2023 storm events.
9.e
Consideration of an Extension of the Consultant Services Agreement with Verdin Marketing for Tourism Marketing Services for One Year Attachments
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Public Comments
1. CC 2023-02-14 Amendment to CSA with Verdin for Tourism Marketing Services.pdf
2. CC 2023-02-14 Attachment 1 - CSA Verdin Marketing1.pdf (McDONALD)
Approval of the Verdin Marketing Agreement extension is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) Recommended Action:
Approve and authorize the City Manager to extend the Consultant Services Agreement with Verdin Marketing for a period of one year, expiring on June 30, 2024.
9.f
Approval of Minutes
Attachments
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Public Comments
1. CC 2023-02-14 Approval of Minutes_Jan24_2023.pdf
(MATSON)
Approval of the Minutes of the Regular City Council Meeting of January 24, 2023, is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) Recommended Action:
Approve the minutes of the Regular City Council Meeting of January 24, 2023, as submitted.
9.g
Consideration of Appointments to the Architectural Review Committee; Community Service Grant Program Committee; and Arroyo Grande Tourism Business Improvement District Advisory Board Attachments
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Public Comments
1. CC 2023-02-14 Consideration of Appointments to the AGTBID Advisory Board and ARC.pdf
2. CC 2023-02-14 Attachment 1- Application to PC-ARC_G Martin_Redacted.pdf
3. CC 2023-02-14 Attachment 2 - Application to CSGP_A Loe_Redacted.pdf
4. CC 2023-02-14 Attachment 3 - Application to TBID_D Glass_Redacted.pdf
5. CC 2023-02-14 Attachment 4 - Chamber Letter of Recommendation_David Glass.pdf (MATSON)
Appointments to Advisory Bodies are not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) Recommended Action:
1) Appoint Glenn Martin to the ARC; 2) Appoint Aileen Loe to the CSGPC; and 3) Appoint David Glass to the AGTBID Advisory Board.
9.h
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 Attachments
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Public Comments
1. CC 2023-02-14 FCFA Generator Continued Emergency.pdf
2. CC 2023-02-14 Attachment 1 - Proposed Resolution_FCFA Generator Emergency.pdf (ROBESON)
The continuation of the emergency action and the update of the Emergency generator replacement project at FCFA Station 1 is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 2 exemption, which applies to the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, and where none of the exceptions to the exemption apply. (State CEQA Guidelines, § 15302.) Recommended Action:
1) Receive and file an update of the emergency generator replacement project at the FCFA Station 1; and 2) Adopt a Resolution determining that there is a need to continue the emergency action for the replacement of the emergency generator in accordance with Public Contract Code Section 22050.
9.i
Consideration of Rejection of All Bids for the Retrofit of Swinging Bridge over Arroyo Grande Creek Project, PW 2021-06 Attachments
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Public Comments
1. CC 2023-2-14 Swinging Bridge Retrofit Project - Reject all bids.pdf
2. CC 2023-02-14 Attachment 1 - Swinging Bridge Bid Results Jan 2023.pdf (ROBESON)
The rejection of all bids for the Retrofit of Swinging Bridge over Arroyo Grande Project, PW 2021-06 is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 1 exemption, which includes the restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, and where no exceptions apply (State CEQA Guidelines, § 15301.) Recommended Action:
Reject all Bids on the Retrofit of Swinging Bridge over Arroyo Grande Creek Project (Project) and direct staff to begin the processes of compliance with Federal procedures and requirements set forth in the Local Assistance Procedures Manual on the Project.
10. PUBLIC HEARINGS
Public Comments:
10.a
Public Hearing to Discuss and Consider a Resolution Approving Community Development Block Grant (CDBG) Projects for Year 2023 Attachments
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Public Comments
1. CC 2023-02-14 Approval of CDBG Projects.pdf
2. 2023-02-14 Attachment 1 - Proposed Resolution.pdf
3. 2023-02-14 Attachment 2 - CDBG Cooperation Agreement.pdf
4. 2023-02-14 Attachment 3 - 5CHC Application.pdf
5. 2023-02-14 Attachment 4 - HASLO Application.pdf
6. 2023-02-14 Attachment 5 - Project Map.pdf
(PEDROTTI)
The Resolution approving final funding recommendations for the CDBG projects for the Year 2023 is exempt from the California Environmental Quality Act (CEQA) pursuant to State Guidelines Section 15060, 15378 as it does not constitute a “project” under CEQA.
Recommended Action:
Adopt a Resolution approving projects to be funded with the City’s allocation of CDBG funds for the Year 2023 as shown in Table 1.
11. OLD BUSINESS
Public Comments:
11.a
Update and Discussion of a Proposal for the Comprehensive General Plan Update Attachments
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Public Comments
1. CC 2023-02-14 General Plan Proposal and Discussion.pdf
2. CC 2023-02-14 Attachment 1 - Proposal for Services_Mintier Harnish.pdf
3. CC 2023-02-14 Attachment 2 - Staff Report and Minutes_July 26, 2022.pdf (PEDROTTI)
Recommended Action:
1) Direct staff to return to the City Council with a consultant services agreement with Mintier Harnish to initiate the comprehensive General Plan Update, and 2) Direct staff to solicit proposals for a Diversity, Equity, Inclusion, and Justice (DEIJ) expert to implement the City’s DEIJ Policy and return to the City Council with a consultant contract for these services.
12. NEW BUSINESS
Public Comments:
12.a
Consideration of a Resolution Suspending Penalties for Failure to Meet Required Water Use Reductions During the Current Stage 1 Water Shortage Emergency Attachments
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Public Comments
1. CC 2023-02-14 Consideration of a Resolution Suspending Penalties for Failure to Meet Required Water use Reductions.pdf
2. CC 2023-02-14 - Attachment 1 Proposed Resolution.pdf
3. CC 2023-02-14 - Attachment 2 Resolution 5119.pdf
(VALENTINE/ROBESON)
Adopting the Resolution suspending water penalties is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) Alternatively, this is not a “project” as defined by CEQA because suspension of the penalties is merely administrative activity related to the implementation of Resolution 5119. (See State CEQA Guidelines, § 15378(b)(2),(4)) Recommended Action:
Adopt a Resolution authorizing the City’s Administrative Services Director to suspend penalties imposed pursuant to the Stage 1 Water Shortage Emergency Declaration adopted on October 12, 2021, Resolution 5119, for failure to meet required water use reductions for February 2023 billing dates and all future billing dates until otherwise directed by the City Council.
13. COUNCIL COMMUNICATIONS
Public Comments:
Any Council Member may ask a question for clarification, make an announcement, or report briefly on his or her activities. In addition, subject to Council policies and procedures, Council Members may request staff to report back to the Council at a subsequent meeting concerning any matter or request that staff place a matter of business on a future agenda. Any request to place a matter of business for original consideration on a future agenda requires the concurrence of at least one other Council Member.
14. CLOSED SESSION
Public Comments:
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION pursuant to Government Code Section 54956.9(d)(1):
Name of Case: Santa Maria Valley Water Conservation District v. City of Santa Maria, et al. and related actions, Santa Clara Superior Court, Case No. CV 770214.
15. ADJOURNMENT
Public Comments:
All staff reports or other written documentation, including any supplemental material distributed to a majority of the City Council within 72 hours of a regular meeting, relating to each item of business on the agenda are available for public inspection during regular business hours in the City Clerk’s office, 300 E. Branch Street, Arroyo Grande. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by the Americans with Disabilities Act. To make a request for disability-related modification or accommodation, contact the Legislative and Information Services Department at 805-473-5400 as soon as possible and at least 48 hours prior to the meeting date.
This agenda was prepared and posted pursuant to Government Code Section 54954.2 Agenda reports can be accessed and downloaded from the City’s website at www.arroyogrande.org
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City Council Meetings are cablecast live and videotaped for replay on Arroyo Grande’s Government Access Channel 20. The rebroadcast schedule is published at www.slo-span.org
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