City Council Meeting - March 28, 2023
1. CALL TO ORDER
Public Comments:
2. ROLL CALL
Public Comments:
3. MOMENT OF REFLECTION
Public Comments:
4. FLAG SALUTE
Public Comments:
ARROYO GRANDE VALLEY KIWANIS CLUB
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 March 14, 2023
City Council will announce any action on the following:
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
Special Meeting of March 20, 2023
Public Employee Appointment pursuant to Government Code Section 54957:
Title: City Attorney
5.b
Ordinances read in title only
Public Comments:
None.
6. SPECIAL PRESENTATIONS
Public Comments:
6.a
Honorary Proclamation Declaring the Month of April 2023 as Month of the Child and Child Abuse Prevention Month Attachments
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Public Comments
1. CC 2023-03-28 Honorary Proclamation_Child Abuse Prevention Month.pdf
6.b
Introductions of New Firefighters - Cade Posner and Braden Jones Public Comments:
(LIEBERMAN)
6.c
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
Attachments
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Public Comments
1. CC 2023-03-28_08 Supplemental 1_Redacted.pdf
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 2023-03-28 Cash Disbursement Ratification.pdf
2. CC 2023-03-28 Attachment 1 - Cash Disbursement Ratification.pdf
3. CC 2023-03-28 Attachment 2 - Cash Disbursement Ratification.pdf (VALENTINE)
Recommended Action:
1) Ratify the attached listing of cash disbursements for the period of February 16 through February 28, 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
Approval of Minutes
Attachments
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Public Comments
1. CC 2023-03-28 Approval of Minutes_Mar14_2023.pdf
2. CC 2023-03-28 Approval of Minutes_Mar20_2023 SP.pdf
(MATSON)
Recommended Action:
Approve the minutes of the Regular City Council Meeting of March 14, 2023 and Special City Council Meeting of March 20, 2023, as submitted.
9.c
Appointment of an Alternate Board Member to Serve on the Central Coast Blue Regional Recycled Water Authority Board for Calendar Years 2023 and 2024 Attachments
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Public Comments
1. CC 2023-03-28 Appointment of Alternate to CCB JPA Board.pdf
2. CC 2023-03-28 Attachment 1 - CCB JPA Bylaws 12.01.2022.pdf (MATSON)
Recommended Action:
1) Appoint the Mayor Pro Tem to serve as an alternate on the Central Coast Blue Regional Recycled Water Authority Board for a term of two years beginning March 29, 2023 and ending December 31, 2024. 2) Determine that appointing an alternate 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 Ongoing Storm Events Attachments
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Public Comments
1. CC 2023-03-28 Continued Local Emergency Ongoing Storm Events.pdf
2. CC 2023-03-28 Attachment 1 - Proposed Resolution.pdf (McDONALD)
Recommended Action:
1)
Adopt a Resolution declaring a continued local emergency related to the ongoing storm events, beginning in December 2022 and continuing through the present. 2) Make findings that adopting the Resolution continuing a local emergency is not a project subject to the California Environmental Quality Act (“CEQA”) because the continued declaration in itself 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 to Approve Construction Plans & Specifications and Environmental Exemption for the Fair Oaks Water Main Replacement, Elm to Alder, Project Attachments
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Public Comments
1. CC 2023-03-28 Fair Oaks Waterline Call for Bids.pdf
2. CC 2023-03-28 Attachment 1 - Fair Oaks Waterline NOE.pdf
3. CC 2023-3-28 Attachment 2 - Fair Oaks Waterline Plans_PDF.pdf (ROBESON)
Recommended Action:
1) Approve the construction plans and specifications for the Fair Oaks Water Main Replacement, Elm to Alder, Project; 2) Authorize the City Clerk to advertise for sealed construction bids; 3) Find that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Section 15301(b); and 4) Direct the City Clerk to file a Notice of Exemption.
9.f
Consideration of Approval of an Agreement for Consultant Services with Mintier Harnish for the Comprehensive General Plan Update Attachments
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Public Comments
1. CC 2023-03-28 General Plan Update Consultant Services Agreement .pdf
2. CC 2023-03-28 Attachment 1 - Consultant Services Agreement_R.pdf
3. CC 2023-03-28 Attachment 2 -February 14, 2023 Staff Report.pdf (PEDROTTI)
Recommended Action:
1) Approve and authorize the Mayor to execute an Agreement for Consultant Services with Mintier Harnish to assist the City with the Comprehensive General Plan Update in substantially final form (subject to minor revisions to effectuate City Council’s intent). 2) Determine that approving the Agreement 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), and environmental review is contemplated as part of the Comprehensive General Plan Update for which the Consultant will be employed.
9.g
Consider Adoption of a Resolution Terminating the Emergency Related to the FCFA Station 1 Emergency Generator Replacement Project, PW 2021-09 Pursuant to Public Contract Code Section 22050(c)(3) Attachments
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Public Comments
1. CC 2023-03-28 FCFA Generator Terminate Emergency.pdf
2. CC 2023-03-28 Attachment 1 - Proposed Resolution_FCFA Generator Emergency.pdf
3. CC 2023-03-28 Attachment 2 - FCFA Generator Contract Electricraft_reduced.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 award/execution of a contract for the FCFA Station 1 emergency generator replacement project, PW 2021-09, has terminated the emergency action; and 3) Find that the termination 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.) Additionally, the action is exempt under pursuant to State CEQA Guidelines sections 15060(c)(2), 15061(b)(3), and 15378(b)(5).
9.h
Monthly Water Supply and Demand Update
Attachments
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Public Comments
1. CC 2023-03-28 Monthly Water Supply and Demand Update.pdf
2. CC 2023-03-28 Attachment 1 - Lopez Monthly Operations Report.pdf
3. CC 2023-03-28 Attachment 2 - Lopez Reservoir Storage Projection.pdf
4. CC 2023-03-28 Attachment 3 - Monthly Water Supply and Demand.pdf
5. CC 2023-03-28 Attachment 4 - Monthly Monitoring Report for Febrary 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:
11.a
Discussion and Consideration of a Project Status Update and Direction Regarding the Brisco-Halcyon Interchange Modification Project Attachments
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Public Comments
1. CC 2023-03-28 Brisco Interchange Project Status Update.pdf
2. CC 2023-03-28 Attachment 1 - City Council Minutes and Staff Report - April 26, 2022.pdf
3. CC 2023-03-28 Attachment 2 - Brisco Subcommittee Minutes of 2022-03-30.pdf
4. CC 2023-03-28 Attachments 3-7 - Brisco.pdf
5. CC 2023-03-28_11a Supplemental 1.pdf
6. CC 2023-03-28_11a Supplemental 2.pdf
7. CC 2023-03-28_11a Supplemental 3_Redacted.pdf
(PEDROTTI)
Recommended Action:
Receive the Project status report, consider options, and direct staff to pursue the No Project Option.
12. NEW BUSINESS
Public Comments:
12.a
Consideration of a Resolution Approving Arroyo Grande Community Service Grant Program Allocations for Fiscal Year 2022-23 Attachments
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Public Comments
1. CC 2023-03-28 Community Service Grant Program Allocations.pdf
2. CC 2023-03-28 Attachment 1 - CSGP Funding Recommendations.pdf
3. CC 2023-03-28 Attachment 2 - CSGP Applications.pdf
(PEDROTTI)
Recommended Action:
1) Adopt a Resolution approving the Arroyo Grande Community Service Grant Program funding allocations identified in Attachment 1. 2) Determine that adopting the Resolution 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.)
12.b
Consideration of a Resolution Rescinding the Declaration of a Stage 1 Water Shortage Emergency; and Make Findings that Rescinding the Declaration is Not Subject to CEQA Attachments
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Public Comments
1. CC 2023-03-28 Consider Rescinding the Stage 1 Water Shortage Emergency.pdf
2. CC 2023-03-28 - Attachment 1 - Proposed Resolution (Stage 1).pdf
3. CC 2023-03-28 - Attachment 2 - Resolution 5119.pdf
4. CC 2023-03-28 - Attachment 3 - Lopez Monthly Operations Report.pdf
5. CC 2023-03-28 - Attachment 4 - Lopez Reservoir Storage Projection.pdf
6. CC 2023-03-28_12b Supplemental 1.pdf
(McDONALD)
Recommended Action:
1) Adopt a Resolution rescinding the declaration of the Stage 1 Water Shortage Emergency and related emergency water shortage restrictions and penalties; and 2) Make findings that adopting the Resolution rescinding the declaration of the Stage 1 Water Shortage 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). Alternatively, this is not a “project” as defined by CEQA because rescinding the Stage 1 Water Shortage Emergency is merely administrative activity. (See State CEQA Guidelines, § 15378(b)(2),(4)). For those reasons, the action is exempt from CEQA.
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: Oak Park Estates, HOA v. City of Arroyo Grande, et al. and related actions
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
.