City Council Meeting - February 28, 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:
Announcement of reportable actions taken, if any, from the following meeting:
Regular Meeting of February 14, 2023
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.
5.b
Ordinances read in title only
Public Comments:
None.
6. SPECIAL PRESENTATIONS
Public Comments:
6.a
Honorary Proclamation Recognizing March as Women’s History Month Attachments
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Public Comments
1. CC 2023-02-28 Honorary Proclamation - Womens History.pdf
6.b
Recognition of Outgoing Advisory Body Members
Public Comments:
6.c
Central Coast Community Energy Special Presentation
Attachments
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Public Comments
1. CC 2023-02-28_06c CCCE MA Annual 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:
7.a
MAYOR RAY RUSSOM:
Public Comments:
California Joint Powers Insurance Authority (CJPIA)
Central Cost Blue Regional Recycled Water Authority Board San Luis Obispo County Mayor's Meeting
South San Luis Obispo County Sanitation District (SSLOCSD) Other
7.b
MAYOR PRO TEM BARNEICH:
Public Comments:
Audit Committee
Homeless Services Oversight Council (HSOC)
Zone 3 Water Advisory Board
Other
7.c
COUNCIL MEMBER GEORGE:
Public Comments:
Five Cities Fire Authority
Tourism Business Improvement District Advisory Board
Visit SLO CAL Advisory Board
Other
7.d
COUNCIL MEMBER GUTHRIE:
Public Comments:
Brisco/Halcyon Interchange Subcommittee
County Water Resources Advisory Committee (WRAC)
Council of Governments/Regional Transit Authority/ South County Transit (SLOCOG/SLORTA/SCT) Integrated Waste Management Authority Board (IWMA)
REACH Economic Development Roundtable
Other
7.e
COUNCIL MEMBER SECREST:
Public Comments:
Air Pollution Control District (APCD)
Brisco/Halcyon Interchange Subcommittee
South County Chambers of Commerce Arroyo Grande Business Meeting South County Chambers of Commerce Governmental Affairs Committee Other
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 2023-02-28 Cash Disbursement Ratification.pdf
2. CC 2023-02-28 Attachment 1 - Cash Disbursement Ratification.pdf
3. CC 2023-02-28 Attachment 2 - Cash Disbursement Ratification.pdf (VALENTINE)
Recommended Action:
1) Ratify the attached listing of cash disbursements for the period of January 16 through January 31, 2023. 2) Determine that 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.)
9.b
Consideration of Fiscal Year 2022-23 Second Quarter Status Report and Request to Approve Two Budget Adjustment Requests Attachments
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Public Comments
1. CC 2023-02-28 Consideration of Fiscal Year 2022-23 Second Quarter Status Report.pdf
2. CC 2023-02-28 Attachment 1 - Fiscal Year 2022-23 Second Quarter Financial Status Report.pdf (VALENTINE)
Recommended Action:
Receive, consider, and file the FY 2022-23 Second Quarter Financial Status Report; and approve two Budget Adjustment Requests.
9.c
Consideration of a Resolution Designating Authorized Agents for the City’s Application(s) for State and Federal Disaster Relief Funds Attachments
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Public Comments
1. CC 2023-02-28 Consideration of Designation of Applicant's Agents -State and Federal Disaster Relief Funds.pdf
2. CC 2023-02-28 Attachment 1 - Proposed Resolution_Designation of Applicants Agents.pdf
3. CC 2023-02-28 Exhibit A_Form OES-FPD-130.pdf
(VALENTINE)
Recommended Action:
1) Adopt a Resolution authorizing the City’s City Manager, Administrative Services Director, and Accounting Manager as authorized agents for completion of an application(s) for state and federal disaster cost recovery assistance. 2) Make findings that adopting the Resolution Designating Authorized Agents for the City’s Application(s) for State and Federal Disaster Relief Funds 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.)
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 2023-02-28 Continued Local Emergency January Storm Events 2.pdf
2. CC 2023-02-28 Attachment 1 - Proposed Resolution.pdf (McDONALD)
Recommended Action:
1) Adopt a Resolution declaring a continued local emergency related to the January 2023 storm events. 2) Make findings that 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.)
9.e
Consideration of Adoption of a Resolution Terminating the Local Emergency Related to the COVID-19 Pandemic Attachments
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Public Comments
1. CC 2023-02-28 Terminate Local Emergency COVID19.pdf
2. CC 2023-02-14 Attachment 1 - Proposed Resolution_Continued Local Emergency and Remote Meetings.pdf (McDONALD)
Recommended Action:
1) Adopt a Resolution declaring the termination of a local emergency related to the Coronavirus (COVID-19) pandemic. 2) Make findings that the Resolution terminating 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.)
9.f
Consider Adoption of 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 2023-02-28 FCFA Generator Continued Emergency.pdf
2. CC 2023-02-28 Attachment 1 - Proposed Resolution_FCFA Generator Emergency.pdf (ROBESON)
Recommended Action:
1) Receive and file an update of the emergency generator replacement project at the FCFA Station 1; 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; and 3) Make findings that 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.)
9.g
Consideration of Acceptance of the 2022 Pedestrian Crossing Improvements Project, PW 2021-08 Attachments
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Public Comments
1. CC 2023-02-28 Acceptance of 2022 Pedestrian Crossing Improvements_PW 2021-08.pdf
2. CC 2023-02-2023 Attachment 1 - Notice of Completion_PW 2022 Pedestrian Crossing Imp.pdf (ROBESON)
Recommended Action:
1) Accept the project improvements as constructed by G. Sosa Construction, Inc. in accordance with the plans and specifications for the 2022 Pedestrian Crossing improvement Project, PW 2021-08; 2) Direct staff to file a Notice of Completion; and 3) Authorize release of retention, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. 2) Find the Project improvements and completion of the Project exempt from the California Environmental Quality Act, under the CEQA Class 3 exemption, for the new construction of small strcutures. (State CEQA Guidelines, § 15303.)
9.h
Consideration of a Resolution Accepting Public Improvements for Parcel Map PM AG17-0073; Location – 189 Brisco Road Attachments
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Public Comments
1. CC 2023-02-28 Acceptance of Improvements 189 Brisco.pdf
2. CC 2023-02-28 Attachment 1 - Resolution.pdf
(PEDROTTI)
Recommended Action:
1) Adopt a Resolution accepting public improvements for PM AG17-0073 located at 189 Brisco Road. 2) Make a finding that the acceptance of public improvements for PM AG17-0073 is not a project under CEQA pursuant to State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378, because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment; or in the alternate, is exempt from CEQA on the basis that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061, subd. (b)(3).)
9.i
Monthly Water Supply and Demand Update
Attachments
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Public Comments
1. CC 2023-02-28 Monthly Water Supply.pdf
2. CC 2023-02-28 - Attachment 1 - Lopez Monthly Operations Report.pdf
3. CC 2023-02-28 Attachment 2 - Lopez Reservoir Storage Projection.pdf
4. CC 2023-02-28 Attachment 3 - Yearly Water Supply and Demand.pdf
5. CC 2023-02-28 Attachment 4 - Monthly Monitoring Report for January 2023.pdf (ROBESON)
Recommended Action:
Receive and file the monthly Water Supply and Demand Update.
10. PUBLIC HEARINGS
Public Comments:
None.
11. OLD BUSINESS
Public Comments:
None.
12. NEW BUSINESS
Public Comments:
12.a
Receive an Update Regarding the Five Cities Fire Authority (FCFA) Wind-Down Process and Organizational Assessment Attachments
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Public Comments
1. CC 2023-02-28 Receive an Update Regarding the FCFA Wind Down Period and Organizational Assessment.pdf
2. CC 2023-02-28 Attachment 1 - July 15, 2022 FCFA Staff Report with Third Amendment.pdf
3. CC 2023-02-28 Attachment 2 - August 9, 2022 Staff Report and Presentation.pdf
4. CC 2023-02-28 Attachment 3 - OCSD Divestiture Application to LAFCo.pdf
5. CC 2023-02-28_12a Supplemental 1.pdf
6. CC 2023-02-28_12a Supplemental 2.pdf
7. CC 2023-02-28_12a Supplemental 3_R.pdf
(McDONALD)
Recommended Action:
Receive an Update Regarding the Five Cities Fire Authority (FCFA) Wind-Down Process and Organizational Assessment.
12.b
Discussion of a Draft Safe Parking Ordinance
Attachments
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Public Comments
1. 2023-02-28 Safe Parking Ordinance Discussion.pdf
2. CC 2023-02-28 Attachment 1 - Safe Parking Ordinance - Safe Parking Permit.pdf
3. CC 2023-02-28_12b Supplemental 1_R.pdf
(PEDROTTI)
Recommended Action:
Review staff’s proposed ordinance, receive public comment, and provide direction to staff.
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 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
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
.