City Council Meeting - May 23, 2023
1. CALL TO ORDER
Mayor Ray Russom called the Regular City Council Meeting to order at 6:00 p.m.
2. ROLL CALL
City Clerk Matson took roll call.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Mayor Pro Tem Barneich led the flag salute.
5. AGENDA REVIEW
Council concurred to hear Item 10.a. after Item 12.a. and to hear Council Communications after Item 7.
5.a
Closed Session Announcements
None.
5.b
Ordinances read in title only
None.
6. SPECIAL PRESENTATIONS
6.a
Honorary Proclamation Declaring June 2023 as “Pride Month”
1. CC 2023-05-23 Honorary Proclamation_Pride Month 2023.pdf Mayor Ray Russom read the Honorary Proclamation Declaring June 2023 as “Pride Month.”
Dusty Colyer-Worth, Gala Pride and Diversity Center, accepted the proclamation.
Mayor Ray Russom invited public comment. Speaking from the public was Rev. Rob Keim. No further public comments were received.
No action was taken on this item.
6.b
Honorary Proclamation Declaring June 2, 2023 as “World Hunger Day”
1. CC 2023-05-23 Honorary Proclamation_Hunger Awareness Day.pdf Mayor Ray Russom read the Honorary Proclamation
Declaring June 2, 2023 as “World Hunger Day.”
Molly Kern, SLO Food Bank, accepted the proclamation.
Mayor Ray Russom invited public comment. No public comments were received.
No action was taken on this item.
6.c
City Manager Communications
City Manager McDonald provided information regarding future meetings and upcoming items for Council consideration.
Mayor Ray Russom invited public comment. No public comments were received.
No action was taken on this item.
7. CITY COUNCIL REPORTS
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.
7.a
MAYOR RAY RUSSOM:
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:
Audit Committee
Homeless Services Oversight Council (HSOC)
Zone 3 Water Advisory Board
Other
7.c
COUNCIL MEMBER GEORGE:
Five Cities Fire Authority
Tourism Business Improvement District Advisory Board
Visit SLO CAL Advisory Board
Other
7.d
COUNCIL MEMBER GUTHRIE:
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:
Air Pollution Control District (APCD)
South County Chambers of Commerce Arroyo Grande Business Meeting South County Chambers of Commerce Governmental Affairs Committee Other
8. COMMUNITY COMMENTS AND SUGGESTIONS
Mayor Ray Russom invited public comment. No public comments were received.
9. CONSENT AGENDA
Mayor Ray Russom asked the Council if there were any questions or any items to be pulled from the consent agenda for further discussion.
Council requested Item 9.f. be pulled from the Consent Agenda for separate vote.
Mayor Ray Russom invited public comment. Speaking from the public were Steve Henry, Virginia Roof, Julia Vogue, Carrie McMillen, Becky Musgovian, Patty O'Keefe, No name provided, Gaea Powell, Kay Mallory, Jamie Maraviglia, Denise Dotenola, Jean St. James, No Name Provided, No Name Provided, Andy Spect, Adrian Garcia Spect, Dusty Colyer-Worth, No Name Provided, Sean, Adam Verdin, Alana Logan, Omega Cox, Sandy Fredas, Darcy Cole, and Noah Clark. City Clerk Matson read into the record written comments from Bruce Summers, Elizabeth Fordyce, Jennifer Haydon, Catherine Keith, Carsen Lacey, Brett Harrison, Summer Camacho, and Todd and Heather Placino. No further comments were received.
Staff responded to questions from Council regarding Item 9.g., and made comments on Item 9.f.
No public comments were received.
Moved by
Council Member Guthrie
Seconded by
Mayor Pro Tem Barneich
Approve Consent Agenda Items 9.a. through 9.j., with the exception of Item 9.f., with the recommended courses of action.
AYES (5)
Mayor Ray Russom, Mayor Pro Tem Barneich, Council Member George, Council Member Secrest, and Council Member Guthrie Passed (5 to 0)
9.a
Consideration of Cash Disbursement Ratification
1. CC 2023-05-23 Cash Disbursement Ratification.pdf
2. CC 2023-05-23 Attachment 1 - Cash Disbursement Ratification.pdf
3. CC 2023-05-23 Attachment 2 - Cash Disbursement Ratification.pdf 1) Ratified the attached listing of cash disbursements for the period of April 15 through April 30, 2023; 2) Determined 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 Third Quarter Status Report and Request to Approve Four Budget Adjustment Requests
1. CC 2023-05-23 Third Quarter Financial Status Report.pdf
2. CC 2023-05-23 Attachment 1 - Fiscal Year 2022-23 Third Quarter Financial Status Report.pdf Received, considered, and file the FY 2022-23 Third Quarter Financial Status Report; and approve four Budget Adjustment Requests.
9.c
Approval of Minutes
1. CC 2023-05-23 Approval of Minutes - CC_Apr25_2023.pdf
2. CC 2023-05-23 Approval of Minutes - CC_May09_2023.pdf Approved the minutes of the Regular City Council Meetings of April 25, 2023, and May 9, 2023, as submitted.
9.d
Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the Ongoing Storm Events
1. CC 2023-05-23 Continued Local Emergency Ongoing Storm Events.pdf
2. CC 2023-05-23 Attachment 1 - Proposed Resolution.pdf 1)
Adopted a Resolution entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING A CONTINUED LOCAL EMERGENCY WITHIN THE CITY OF ARROYO GRANDE (MARCH 2023 AND ONGOING STORM EVENTS BEGINNING DECEMBER 27, 2022)"; and 2) Made 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 of a Professional Services Agreement with Kosmont Real Estate Services dba Kosmont Realty
1. CC 2023-05-23 Agreement with Kosmont.pdf
2. CC 2023-05-23 Attachment 1 - Kosmont Professional Services Agreement (2023).pdf
3. CC 2023-05-23 Attachment 2 - KR Proposal Arroyo Grande.pdf 1) Authorized the City Manager to enter into the attached agreement with Kosmont Real Estate Services dba Kosmont Realty (“Kosmont”) for the continued provision of real estate advisory services associated with 400 W. Branch in the City of Arroyo Grande (“Property”), in substantially final form, subject to minor modifications approved by the City Manager in consultation with the City Attorney. 2) Made findings that approving an 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.)
9.g
Consideration of the Sidewalk Tile Bands, Tree Well Borders and Crosswalk Improvements in the Village as Components of the 2022 Concrete Repairs Project
1. CC 2023-05-09 Village Sidewalk Tiles, Tree Wells and Crosswalk Repairs.pdf
2. CC 2023-05-23 Attachment 1 - Location Details 2.pdf
3. CC 2023-05-23 Attachment 2 - Appendices.pdf
4. CC 2023-05-23 Attachment 3 - Project Location.pdf
5. CC 2023-05-23 Attachment 4 - Existing Conditions.pdf
6. CC 2023-05-23 Attachment 5 - Village Design Guidelines.pdf
7. CC 2023-05-23 Attachment 6 - ARC Minutes.pdf
8. CC 2023-05-23 Attachment 7 - 2022 Concrete Repair Det.pdf 1) Approved the selection of Bear Path clay brick pavers in a red flash color, or equal, with a basketweave pattern in the sidewalk bands and tree well surrounds, and a 90-degree herringbone pattern in selected crosswalks in the Village of Arroyo Grande; 2) Found the action exempt from CEQA under a Class 1 Exemption, which applies to which applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing structures, facilities, mechanical equipment, or topographical features where the project involves negligible or no expansion of existing or former use (State CEQA Guidelines, § 15301), and where none of the exceptions to the Class 1 exemption set forth in State CEQA Guidelines Section 15300.2 apply.
9.h
Consideration of an Award of Contract to Main Line Engineering Construction for Construction of the Fair Oaks Avenue Water Line Replacement Project, PW 2023-05
1. CC 2023-05-23 Fair Oaks Waterline Replacement Agreement(1).pdf
2. CC 2023-05-23 Attachment 1 - Bid Opening Log Sheet(1).pdf 1) Allocated $71,998.05 from the Water Facility fund to the Fair Oaks Avenue Water Line Replacement Project; 2) Awarded a contract for the Fair Oaks Avenue Water Line Replacement Project to Main Line Engineering Construction in the amount of $669,435.50; 3) Authorized the City Manager to approve change orders of 10% of the contract amount, $66,943.55, for unanticipated costs during the construction phase of the Project; and 4) Determined that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Class 1 Section 15301 Existing Facilities, Class 2 Section 15302 Replacement or Reconstruction, and Class 4 Section 15304 Minor Alterations of Land.
9.i
Consideration to Approve the Sewer System Management Plan Revision 2
1. CC 2023-05-23 Consideration of Sewer System Management Plan.pdf
2. CC 2023-05-23 Attachment 1 - 2023_Arroyo Grande SSMP Final.pdf
3. CC 2023-05-23 Attachment 2 - Sanitary Sewer Emergency Response Plan.pdf 1)
Approved the Sewer System Management Plan - Revision 2; 2) Made findings that approving the Sewer System Management Plan revision is not a project subject to the California Environmental Quality Act (“CEQA”) in accordance with Sections 15301, 15302, 15308 of the (CEQA) Guidelines.
9.j
April 2023 Monthly Water Supply and Demand Update
1. CC 2023-05-23 Monthly Water Supply and Demand Update.pdf
2. CC 2023-5-23 - Attachment 1 - Lopez Monthly Operations Report for March 2023.pdf
3. CC 2023-5-23 - Attachment 2 - Lopez Reservoir Storage Projection.pdf
4. CC 2023-5-23 - Attachment 3 - Monthly Water Supply and Demand.pdf
5. CC 2023-5-23 - Attachment 4 - Monthly Monitoring Report for April 2023.pdf
6. CC 2023-5-23 - Attachment 5 - Deep Well Index Levels.pdf Received and filed the Monthly Water Supply and Demand Update.
9.f
Consideration of Authorizing the Display of the LGTBQ+ Pride Flag During the Month of June 2023 at Heritage Square Park and at City Hall
1. CC 2023-05-23 Authorization of Display of Pride Flag.pdf
2. CC 2023-05-23 Attachment 1 - Staff Report.pdf
3. CC 2023-05-23 Attachment 2 - Reso 5083_Flag Display Policy.pdf
4. CC 2023-05-23 Attachment 3 - Reso 5142_DEIJ Policy.pdf
5. CC 2023-05-23_09f Supplemental 1_R.pdf
6. CC 2023-05-23_09f Supplemental 2_Redacted.pdf
Moved by
Mayor Pro Tem Barneich
Seconded by
Council Member George
Authorized the display of the Pride Flag during the month of June 2023 at Heritage Square Park and at City Hall.
Passed
10. PUBLIC HEARINGS
10.a
Public Hearing to Consider Adoption of Resolutions Levying an Annual Assessment for the Arroyo Grande Tourism Business Improvement District (AGTBID); Approving the AGTBID FY 2023-24 Budget; and Direction Regarding Amendments to the Board By-Laws
1. CC 2023-05-23 Public Hearing Levy Annual Assessment TBID, FY 23-24 Budget, Board Changes.pdf
2. CC 2023-05-23 Attachment 1 - Proposed Resolution_Levying Annual Assessment AGTBID.pdf
3. CC 2023-05-23 Attachment 2 - Proposed Resolution_AGTBID FY 23-24 Budget.pdf
4. CC 2023-05-23 Attachment 3 - AGTBID Bylaws Redline1.pdf
5. CC 2023-05-23 Attachment 4 - AGTBID Bylaws.pdf
6. CC 2023-05-23 Attachment 5 - April 25, 2023 City Council Staff Report.pdf
7. CC 2023-05-23 Attachment 6 - Draft 04-25-23 Minutes.pdf This item was heard after Item 12.a.
Mayor Ray Russom and Mayor Pro Tem Barneich declared a conflict of interest due to ownership of a vacation rental, and left the meeting.
Council Member George presided over the meeting.
City Manager McDonald presented the report and recommended that Council: 1) C onduct a public hearing to receive public comment and protests regarding the City Council’s intention to continue the AGTBID and levy an annual assessment for FY 2023-24; 2) Determine whether a legally sufficient number of protests have been made; 3) If a legally sufficient protest is not made, adopt a Resolution levying an annual assessment for the AGTBID for FY 2023-24; 4) Adopt a Resolution approving the FY 2023-24 operating budget for the AGTBID; 5) Approve changes to the administration of the AGTBID; 6) Provide direction regarding proposed revisions to the AGTBID Advisory Board By-Laws; and 7) Determine that
conducting a public hearing to
adopt a resolution
to
levy and collect assessments,
adopting a resolution to approve the AGTBID operating budget, and approving changes to the administration of the AGTBID Advisory Board is not 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, §§ 1506 1 , subd. (b)(2)-(3), 15378.). Staff responded to questions from Council.
Council Member George opened the public hearing. Speaking from the public were John Chagler, and Alexandria Davis. Upon hearing no further public comments, Council Member George closed the public hearing.
City Clerk Matson declared that there were no protests received.
Council discussion ensued regarding changes to the AGTBID Advisory Board and support for staff's recommendations.
Moved by
Council Member Guthrie
Seconded by
Council Member Secrest
Adopt Resolutions 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 2023-24 FISCAL YEAR; and
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING THE FISCAL YEAR 2023-24 BUDGET FOR THE ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT".
AYES (3)
Council Member George, Council Member Secrest, and Council Member Guthrie ABSENT (2)
Mayor Ray Russom, and Mayor Pro Tem Barneich
Passed (3 to 0)
Moved by
Council Member George
Seconded by
Council Member Guthrie
Directed staff to make changes to the administration of the AGTBID bringing it in-house to be administered by the Recreation Services Department; to revise the Board Bylaws as proposed and adding language that the meeting schedule is set by the Advisory Board at the beginning of the year, meeting six (6) times a year or quarterly; to give preference to lodging business applicants interested in serving on the Advisory Board, but not make it a requirement; and that changes go into effect July 1, 2023.
AYES (3)
Council Member George, Council Member Secrest, and Council Member Guthrie ABSENT (2)
Mayor Ray Russom, and Mayor Pro Tem Barneich
Passed (3 to 0)
11. OLD BUSINESS
11.a
Discuss Terms for a Potential Contract for Fire and Emergency Response Services Between the Five Cities Fire Authority and the Oceano Community Services District
1. CC 2023-05-23 Contract for FCFA and OCSD.pdf
2. CC 2023-05-23 Attachment 1 - Fire Services Agreement.pdf
3. CC 2023-05-23_11a Supplemental 1.pdf
Mayor Ray Russom called for a brief break at 7:59 p.m. The Council reconvened at 8:05 p.m.
This item was heard after the Consent Agenda Items.
City Manager McDonald presented the report and acknowledged supplemental information. City Manager McDonald and FCFA Chief Steve Lieberman responded to questions from the Council.
Mayor Ray Russom invited public comment. No public comments were received.
Council discussion ensued regarding contract terms with Oceano Community Services District and support for Option A-4.
Moved by
Mayor Ray Russom
Seconded by
Mayor Pro Tem Barneich
Direct staff to accept the terms proposed by OCSD with the exception of the flexible option for a one year term at a cost of $1.15 million for twelve months; and at the meet and confer period, starting 90 days before the expiration of the term, that the City's best and final offer be presented for the County to consider.
AYES (5)
Mayor Ray Russom, Mayor Pro Tem Barneich, Council Member George, Council Member Secrest, and Council Member Guthrie Passed (5 to 0)
12. NEW BUSINESS
12.a
Review Preliminary FY 2023-25 Biennial Operating Budget
1. CC 2023-05-23 Review Preliminary Biennial Operating Budget FY 2023-25.pdf
2. CC 2023-05-23 Attachment 1 - Fund Summaries FY 2023-25 Biennial Budget.pdf
3. CC 2023-05-23 Attachment 2 - Community Priority Survey Results.pdf
4. CC 2023-05-23 Attachment 3 - FY 2023-25 Council Goals Work Plans1.pdf
5. CC 2023-05-23_12a Supplemental 1.pdf
Administrative Services Director Valentine presented the report, acknowledged supplemental information, and recommended that the Council r eview the preliminary budget and provide feedback to staff in preparation for the public hearing scheduled for June 13, 2023, to consider the Fiscal Years (FY) 2023-25 Biennial Budget. Staff responded to questions from Council.
Mayor Ray Russom invited public comment. Speaking from the public was John Chagler, Dusty Colyer-Worth, and Alexandria Davis. No further public comments were received. City Manager McDonald responded to questions from the public.
Council discussion ensued regarding the appropriation of excess reserve funds. Council Member Secrest expressed support for putting excess reserve funds into the pavement management program; Council Member Guthrie expressed he was not in favor of the two new proposed staff positions and support for putting $3 million of excess reserves into the pavement management program; Mayor Ray Russom expressed support for putting $3.7 million from excess reserves into the pavement management program and $117,000 into the Community Service Grant Program; Council Member George expressed support for putting $3 million of the excess reserves into the pavement management program and $117,000 into the Community Service Grant Program; Mayor Pro Tem Barneich expressed support for putting $117,000 of excess reserves into the Community Service Grant Program; Council Member Secrest concurred; Council Member Guthrie expressed support for putting $100,000 into the Community Service Grant Program and $3 million into the pavement management program. Council concurred.
Moved by
Council Member George
Seconded by
Mayor Ray Russom
Direct staff to move forward with the proposed Fiscal Years (FY) 2023-25 Biennial Budget as presented and to add $3 million from excess reserves to the pavement management program and $100,000 split up between FY 23-24 and FY 24-25 to the Community Service Grant Program.
AYES (5)
Mayor Ray Russom, Mayor Pro Tem Barneich, Council Member George, Council Member Secrest, and Council Member Guthrie Passed (5 to 0)
13. COUNCIL COMMUNICATIONS
This item was heard after Item 7.
Mayor Pro Tem Barneich requested staff agendize an item to discuss the City's Formula Business Ordinance. Council Member Secrest and Mayor Ray Russom concurred.
Mayor Pro Tem Barneich reported that Grover Beach's Cabins for Change program found homes for four people.
Council Member George thanked staff and Council for attendance at the AIM Youth Mental Health event.
Council Member Secrest shared regarding the AIM event.
14. ADJOURNMENT
There being no further business to come before the City Council, Council Member George adjourned the meeting at 10:49 p.m.