City Council Meeting - April 11, 2023
1. CALL TO ORDER
Public Comments:
2. ROLL CALL
Public Comments:
3. MOMENT OF REFLECTION
Public Comments:
4. FLAG SALUTE
Public Comments:
KNIGHTS OF COLUMBUS
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 28, 2023
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
5.b
Ordinances read in title only
Public Comments:
None.
6. SPECIAL PRESENTATIONS
Public Comments:
6.a
Honorary Proclamation Declaring April 2023 as National Sexual Assault Awareness Month Attachments
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Public Comments
1. CC 2023-04-11 Honorary Proclamation - Sexual Assault Awareness.pdf
2. CC 2023-04-11_6a Supplemental 1.pdf
6.b
Honorary Proclamation Declaring April 28, 2023 as Arbor Day Attachments
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Public Comments
1. CC 2023-04-11 Honorary Proclamation - Arbor Day.pdf
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:
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 2023-04-11 Cash Disbursement Ratification.pdf
2. CC 2023-04-11 Attachment 1 - Cash Disbursement Ratification.pdf
3. CC 2023-04-11 Attachment 2 - Cash Disbursement Ratification.pdf (VALENTINE)
Recommended Action:
1) Ratify the attached listing of cash disbursements for the period of March 1 through March 15, 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 Statement of Investment Deposits
Attachments
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Public Comments
1. CC 2023-04-11 Statement of Investment Deposits.pdf
2. CC 2023-04-11 Attachment 1 - Statement of Investment Deposits.pdf (VALENTINE)
Recommended Action:
1) Receive and file the attached report listing investment deposits of the City of Arroyo Grande as of February 28, 2023, as required by Government Code Section 53646(b); 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.c
Acceptance of the Annual Comprehensive Financial Report, Single Audit, and Audit Report for the Transportation Development Act Transportation Fund Reports Attachments
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Public Comments
1. CC 2023-04-11 Acceptance of ACFR, Single, TDA Audit Reports.pdf
2. CC 2023-04-11 Attachments 1-3 - Acceptance of ACFR, Single, TDA Audit Reports.pdf (VALENTINE)
Recommended Action:
1) Receive and file the Annual Comprehensive Financial Report (ACFR), Single Audit, and Audit Report for the Transportation Development Act Transportation Fund for the fiscal year ended June 30, 2022. 2) Determine that ratifying the cash disbursements and filing of the reports 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
Consider Awarding a Contract to Tyler Technologies, Tyler Enterprise ERP Software as a Service, for a Replacement Financial System and Authorize the City Manager to Execute Contractual Agreements with Tyler Technologies Attachments
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Public Comments
1. CC 2023-04-11 Award Contract to Tyler Technology for ERP Software.pdf
2. CC 2023-04-11 Attachment 1 - Arroyo Grande CA Agreement Evergreen Migration.pdf (VALENTINE)
Recommended Action:
1) Award a Contract to Tyler Technologies, Tyler Enterprise ERP Software as a Service, for a Replacement Financial System and authorize the City Manager to Execute Contractual Agreements with Tyler Technologies. 2) Determine that awarding a contract to Tyler Technologies 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 Declaring a Continued Local Emergency Related to the Ongoing Storm Events Attachments
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Public Comments
1. CC 2023-04-11 Continued Local Emergency Ongoing Storm Events.pdf
2. CC 2023-04-11 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.f
Consideration of Agreement with Best Best & Krieger for City Attorney Services and Appointment of Isaac Rosen as the Arroyo Grande City Attorney Attachments
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Public Comments
1. CC 2023-04-11 Appoint City Attorney.pdf
2. CC 2023-04-11 Attachment 1 - Proposed Agreement.pdf
3. CC 2023-04-11 Attachment 2 - Request for Proposals for City Attorney Services.pdf (McDONALD)
Recommended Action:
Approve the Agreement with Best Best & Krieger for City Attorney Services and appoint Isaac Rosen as the City Attorney.
9.g
Consider Opting into Settlement Agreements with Distributors of Opioids; Walgreens Co., Walmart Inc., CVS Health Corporation/CVS Pharmacy Inc., and Opioid Manufacturers Teva Pharmaceuticals Industries LTD and Allergan Finance LLC/Allergan Limited Attachments
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Public Comments
1. CC 2023-04-11 Opioid Settlement.pdf
2. CC 2023-04-11 Attachment 1 - 2022 National Opioid Settlements Reso.pdf
3. CC 2023-04-11 Attachments 2-6 - Exhibits A-E - Agreements.pdf
4. CC 2023-04-11 Attachment 7 - Exhibit F - Sample CA Allocation Agreement-c1.pdf
5. CC 2023-04-11 Attachment 8 - Exhibit G - Sample Participation Agreement-c1.pdf (McDONALD)
Recommended Action:
1)
Opt
into settlement agreement with opioid distributor, Walgreens Co., and direct the City Manager to execute any documents necessary to implement the action; 2) Opt
into settlement agreement with opioid distributor, Walmart, Inc. and direct the City Manager to execute any documents necessary to implement the action; 3) Opt
into settlement agreement with opioid distributor, CVS Health Corporation/CVS Pharmacy, Inc. and direct the City Manager to execute any documents necessary to implement the action; 4) Opt
into settlement agreement with opioid manufacturer, Teva Pharmaceutical Industries Ltd., and direct the City Manager to execute any documents necessary to implement the action; 5) Opt
into settlement agreement with opioid manufacturer, Allergan Finance, LLC/Allergan Limited and direct the City Manager to execute any documents necessary to implement the action
; and
6)
Make findings that adopting the Resolution opting-into the settlement agreements is not a project subject to the California Environmental Quality Act (“CEQA”) because the adoption 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.h
Consideration of Cancellation of July 11, 2023 City Council Meeting Attachments
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Public Comments
1. CC 2023-04-11 Cancellation of July 11 Meeting.pdf
(McDONALD)
Recommended Action:
Cancel the regularly scheduled Council meeting of July 11, 2023.
9.i
Annual Update on Military Equipment Pursuant to California AB 481 Attachments
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Public Comments
1. CC 2023-03-28 PD Military Equipment Inventory Report.pdf
2. CC 2023-04-11 Attachment 1 - 2022 Military inventory.pdf
3. CC 2023-04-11 Attachment 2 - Annual Military Equipment Report.pdf
4. CC 2023-04-11 Attachment 3 - Ord 714.pdf
(MARTINEZ)
Recommended Action:
Receive and file the “Military Equipment Use Inventory Report” in accordance with California Assembly Bill 481 and make a motion to approve the renewal of Ordinance No. 714.
9.j
Consider Adoption of Resolutions Ordering the Preparation and Filing of Annual Engineer’s Reports for the Parkside Village Assessment District, Grace Lane Assessment District, and Landscaping and Lighting District No. 1, Within Tract 1769, for Fiscal Year Attachments
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Public Comments
1. CC 2023-04-11 LLD Annual Order Engineer Reports .pdf
2. CC 2023-04-11 Attachment 1 - Proposed Resolution_Grace Lane.pdf
3. CC 2023-04-11 Attachment 2 - Proposed Resolution_Parkside Village.pdf
4. CC 2023-04-11 Attachment 3 - Proposed Resolution_Parkview Tr 1769.pdf (ROBESON)
Recommended Action:
1) Adopt Resolutions ordering the preparation and filing of Annual Engineer’s Reports for the Parkside Village Assessment District, Grace Lane Assessment District, and Landscaping and Lighting Assessment District No. 1, within Tract 1769, for FY 2023-24. 2) Determine that adopting the resolutions ordering the Engineer’s reports 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.k
Consideration of a Resolution for Funding Road Repair Consistent with the Road Repair and Accountability Act of 2017 (SB1) for Fiscal Year 2023-24 Attachments
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Public Comments
1. CC 2023-04-11 SB1 Project Selection.pdf
2. CC 2023-04-11 Attachment 1 - SB 1 Project Selection Resolution.pdf (ROBESON)
Recommended Action:
1) Adopt a Resolution approving use of funding from SB1 for the 2023 Pavement Management Program in Fiscal Year 2023-24; 2) Authorize the Director of Administrative Services to submit the Resolution to the California Transportation Commission (CTC); and 3) Make findings that adopting the Resolution is not a project subject to the California Environmental Quality Act (“CEQA”) because the adoption 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.)
10. PUBLIC HEARINGS
Public Comments:
10.a
Consideration of Architectural Review 23-006; Painting of a New Wall Mural; Location – 101 West Branch Street; Applicant – Alyssa Manno, Visit SLO CAL Attachments
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Public Comments
1. CC 2023-04-11 Visit SLO CAL Mural.pdf
2. CC 2023-04-11 Attachment 1 - Public Art Guidelines.pdf
3. CC 2023-04-11 Attachment 2 - Proposal_S.pdf
4. CC 2023-04-11 Attachment 3 - PT Letter.pdf
5. CC 2023-04-11 Attachment 4 - Draft ARC MInutes of the April 3, 2023 Meeting.pdf
6. CC 2023-04-11_10a Supplemental 1_Redacted.pdf
(PEDROTTI)
Recommended Action:
Receive public comment and make a recommendation to the Arroyo Grande Public Art Review Panel.
11. OLD BUSINESS
Public Comments:
11.a
Consideration to Approve Construction Plans & Specifications and Environmental Exemption for the 2022 Street Repairs Project, PW 2022-05 Attachments
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Public Comments
1. CC 2023-04-11 2022 Street Repairs Project Call for Bids.pdf
2. CC 2023-04-11 Attachment 1 - Streets_R.pdf
3. CC 2023-04-11 Attachment 2 - AG Slurry Seal Strategy 1.pdf
4. CC 2023-04-11 Attachment 3 - Streets Strategy 2-4_S.pdf
5. CC 2023-04-11 Attachment 4 - Construction Documents Strategy 1.pdf
6. CC 2023-04-11 Attachment 5 - Streets Engineers Estimate.pdf
7. CC 2023-04-11 Attachment 6 - 2022 Street Repairs NOE.pdf (ROBESON)
Recommended Action:
1) Approve the construction plans & specifications for Strategies 2 through 4 of the 2022 Street Repairs Project, with Strategy 2 identified as an additive alternative in the request for bids; 2) Approve the construction plans & specifications for Strategy 1 of the 2022 Street Repairs Project as a separate request for bids; 3) Authorize the City Clerk to advertise for construction bids; and 4) Find that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Section 15301(c) and direct the City Clerk to file a Notice of Exemption.
12. NEW BUSINESS
Public Comments:
None.
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. 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
.