City Council Meeting - September 12, 2023
1. CALL TO ORDER
2. ROLL CALL
3. MOMENT OF REFLECTION
4. FLAG SALUTE
5. AGENDA REVIEW
5.a
Closed Session Announcements
City Attorney
Rosen will announce any reportable action from the following :
City Council Closed Session Meeting of September 12, 2023 a) LABOR NEGOTIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
Employee Organization: Arroyo Grande Police Officers’ Association City-designated negotiators: Che Johnson, Special Labor Counsel; Tashina Ureno, Human Resources Officer; Nicole Valentine, Director of Administrative Services Employee Organization: Service Employees International Union, Local 620 City-designated negotiators: Che Johnson, Special Labor Counsel; Tashina Ureno, Human Resources Officer; Nicole Valentine, Director of Administrative Services Unrepresented Management Employees
City-designated negotiators: Che Johnson, Special Labor Counsel City Manager
City-designated negotiators: Che Johnson, Special Labor Counsel
5.b
Ordinances read in title only
None.
6. SPECIAL PRESENTATIONS
6.a
Honorary Proclamation Recognizing September 15 – October15, 2023 as "National Hispanic Heritage Month”
1. CC 2023-08-22 Proclamation_Hispanic Heritage Month.pdf
6.b
Interim City Manager Communications
(ROBESON)
Recommended Action:
Receive correspondence/comments as presented by the Interim City Manager and Provide direction, as necessary.
7. CITY COUNCIL REPORTS
None.
Reports are made during the Second Council Meeting each month.
8. COMMUNITY COMMENTS AND SUGGESTIONS
1. CC 2023-09-12_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
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
1. CC 2023-09-12 Cash Disbursement Ratification.pdf
2. CC 2023-09-12 Attachment 1 - Cash Disbursement Ratification.pdf
3. CC 2023-09-12 Attachment 2 - Cash Disbursement Ratification.pdf (VALENTINE)
Recommended Action:
1) Ratify the attached listing of cash disbursements for the period of August 1 through August 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
1. CC 2023-09-12 Statement of Investment Deposits.pdf
2. CC 2023-09-12 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 July 31, 2023, as required by Government Code Section 53646(b); 2) Determine that receiving the report 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.)
9.c
Consideration of Memorandum of Understanding with the Arroyo Grande Police Officers’ Association
1. CC 2023-09-12 Memorandum of Understanding with the Arroyo Grande Police Officers' Association(1).pdf
2. CC 2023-09-12 Attachment 1 - AGPOA MOU Resolution.pdf
3. CC 2023-09-12 Attachment 1 - AGPOA MOU.pdf
(VALENTINE)
Recommended Action:
1) Adopt a Resolution approving the proposed MOU with the AGPOA for Fiscal Years 2023-24 through 2026-27; 2) Determine that ratifying the AGPOA MOU 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 Memorandum of Understanding with the Service Employees International Union Local 620
1. CC 2023-09-12 Memorandum of Understanding with the Service Employees International Union Local 620(1).pdf
2. CC 2023-09-12 Attachment 1 - SEIU MOU Resolution.pdf
3. CC 2023-09-12 Attachment 1 Exhibit A - SEIU MOU1.pdf
4. CC 2023-09-12 Attachment 1 Exhibit A - EX A-C SEIU Salary Ranges 2024-2026.pdf
5. CC 2023-09-12_09d Supplemental 1.pdf
(VALENTINE)
Recommended Action:
1) Adopt a Resolution approving the proposed MOU with the SEIU for Fiscal Years 2023-24 through 2025-26; 2) Determine that ratifying the SEIU MOU 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
Consider Adoption of Resolutions Establishing Salary & Benefits for Management Employees for FY 2023-24 & FY 2024-25 & Part-Time Employees for FY 2023-24, Approval of the Updated Citywide Combined Salary Schedule, & Approval of one Budget Adjustment
1. CC 2023-09-12 Management Resolution for FY 2023-24 and FY 2024-25; one budget adjustment, and Citywide Salary Schedule.pdf
2. CC 2023-09-12 Attachment 1 - Management Resolution.pdf
3. CC 2023-09-12 Attachment 1 Exhibits A-B - Mgmt Salary Ranges - FY2023-24 and FY 2024-25.pdf
4. CC 2023-09-12 Attachment 2 - PT Salary Resolution and Citywide Salary Schedule.pdf
5. CC 2023-09-12 Attachment 2 Exhibit A - Combined Salary Schedules Updated 09.15.2023.pdf
6. CC 2023-09-12 Attachment 2 Exhibit B - Combined Salary Schedules Updated 09.15.2023.pdf (VALENTINE)
Recommended Action:
1) Adopt a Resolution approving the proposed MOU with the modifying pay rates and benefits for unrepresented Management employees; 2) Adopt a Resolution modifying pay rates and benefits for unrepresented part-time employees; 3) Approve the updated City combined salary schedule; 4) Approve one budget adjustment request in the amount of $787,725; and 5) Determine that adopting the unrepresented Management employees resolution, unrepresented part-time employees resolution, and updated Citywide combined salary schedules 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
Consideration of Adoption of a Resolution Ending the Local Emergency Related to the Ongoing Storm Events
1. CC 2023-09-12 Terminate Local Emergency Related to the Ongoing Storm Events.pdf
2. CC 2023-09-12 Attachment 1 - Proposed Resolution(1).pdf (ROBESON)
Recommended Action:
Adopt a Resolution declaring the end of the local emergency related to the ongoing 2023 storm events
9.g
Approval of Minutes
1. CC 2023-09-12 Approval of Minutes - CC_Aug22_2023.pdf (MATSON)
Recommended Action:
Approve the minutes of the Regular City Council Meeting of August 22, 2023, as submitted.
9.h
Consideration of a Resolution Approving a Grant Agreement with the Office of Traffic Safety for Traffic/ DUI Enforcement
1. CC 2023-09-12 PD Grant Acceptance from the Office of Traffic Safety for Traffic DUI Enforcement.pdf
2. CC 2023-09-12 Attachment 1 - Proposed Resolution.pdf
3. CC 2023-09-12 Attachment 1 Exhibit A - Draft Grant Agreement.pdf (MARTINEZ)
Recommended Action:
1) Adopt a Resolution authorizing the Chief of Police to execute a grant agreement with the California Office of Traffic Safety (OTS) to help address ongoing traffic safety concerns and appropriate the funding for the activities and find the action exempt from CEQA; and 2) approve a Budget Amendment Request for FY 2023-24 in the amount of $65,000 to account for the additional revenue that will be issued under the OTS grant, and expenditures related to the grant
9.i
Consideration of a Resolution Approving a Grant Agreement the Department of Alcohol and Beverage Control for Alcoholic Beverage Sales Education and Enforcement
1. CC 2023-09-12 ABC Grant Funding.pdf
2. CC 2023-09-12 Attachment 1 - ABC Proposed Resolution-c1.pdf
3. CC 2023-09-12 Attachment 1 Exhibit A - ABC Grant.pdf (MARTINEZ)
Recommended Action:
1) Adopt a Resolution authorizing the Chief of Police to execute a grant agreement with the California Department of Alcoholic Beverage Control (ABC) to accept grant funding and find the action exempt from CEQA; and 2) approve a Budget Amendment Request for FY 2023-24 in the amount of $41,500 to account for the additional revenue that will be issued under the ABC grant, and expenditures related to the grant
9.j
Consideration of a Resolution Accepting Public Improvements for Phased Commercial Development of Approximately 28,000 Square Feet of Office, Warehouse, And Café; Location (Rugged Radio) – Subarea 1 – E. Cherry Ave. Specific Plan
1. CC 2023-09-12 Rugged Radio Public Improvements Approval(1).pdf
2. CC 2023-09-12 Attachment 1 - Proposed Resolution_Rugged Radio2.pdf
3. CC 2023-09-12 Attachment 2 - Offer to Dedicate PUE(1).pdf
4. CC 2023-09-12 Attachment 3 - Rugged Radio Executed Improvement Agreement1(1).pdf (KAHN)
Recommended Action:
1) Adopt a Resolution accepting public improvements and a public utility easement for Subarea 1 – East Cherry Avenue Specific Plan based upon the recommendation of the City Engineer following the final completion and inspection of those public improvements; and 2) Determine that the approval of the public improvements and a public utility easement will have no direct or indirect physical impacts and does not constitute a substantial change to the 2017 EIR for the underlying project and conditions requiring subsequent environmental review called out in State CEQA Guidelines section 15162 or Public Resources Code section 21166 are not present.
9.k
Consideration of US 101/ Oak Park Blvd. Interchange Right of Way Relinquishment and Acceptance
1. CC 2023-09-12 Caltrans Oak Park Interchange Right of Way Relinquishment and Quitclaim.pdf
2. CC 2023-09-12 Attachment 1 - Proposed Resolution Oak Park Interchange ROW.pdf
3. CC 2023-09-12 Attachment 1 - Exhibit A - Quitclaim_Deed.pdf
4. CC 2023-09-12 Attachment 2 - Proposed Resolution Accept Caltrans ROW.pdf
5. CC 2023-09-12 Attachment 2 - Exhibit A - Accept ROW.pdf
6. CC 2023-09-12 Attachment 3 - Freeway Agreement 1989.pdf
7. CC 2023-09-12 Attachment 4 - Caltrans Quitclaim Request.pdf
8. CC 2023-09-12 Attachment 5 - Notice of Intention - Caltrans Relinquishment 11788.pdf (KAHN)
Recommended Action:
1) Adopt a Resolution that authorizes the execution of a quitclaim deed to Caltrans for Parcels 12432-1 and 12433-1 on a map filed for recording on October 14, 2021, in State Highway Map Book 6 at pages 99-102 and determine that real property exempt surplus land; 2) Adopt a Resolution that (a) accepts two portions of right of way shown as REL 11788 Segments 1 and 2 on a map filed for recording on October 14, 2021, in State Highway Map Book 6 at pages 99-102, (b) accepts a drainage easement described on REL 11788, Segment 3, (c) agree to waive the ninety days’ “notice of intent to relinquish” requirement contained in Section 73 of the Streets and Highway Code; and 3) Find that the adoption of the two proposed Resolutions is not subject to the requirements of CEQA pursuant to California Code of Regulations, Title 14, section 15060, subdivision (c)(3), because the subject activity is not a project as defined by Public Resources Code section 21065 and California Code of Regulations, Title 14, section 15378.
9.l
Consider Approval of Contract Amendment 3 for Consulting Services with Consor, formerly Quincy Engineers, Inc., to Increase Costs and the Services Associated with the Design and Environmental Services for the Traffic Way Bridge Replacement Project
1. CC 2023-09-12 Amend Consor Contract for Consultant Services Traffic Way Bridge Replacement Project.pdf
2. CC 2023-09-12 Attachment 1 - Amendment 3 to Contact with Consor-c1.pdf
3. CC 2023-09-12 Attachment 1 Exhibit 1 - Add Services by Consor.pdf
4. CC 2023-09-12 Attachment 2 - Quincy Traffic Way Bridge Contract.pdf (KAHN)
Recommended Action:
1) Approve Amendment No. 3 to the Contract for Consultant Services with Consor (formerly known as Quincy Engineers, Inc.) to continue to provide design and environmental services for the Project at an increased scope and budget; and 2) Determine that approving the Amendment No. 3 to the existing Contract for Consultant Services is not a project subject to the California Environmental Quality Act (“CEQA”) because increasing the Consultant’s scope and budget for the Project 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.m
Consideration of an Award of Contract for Construction of the 191 Tally Ho Frontage Improvements Project, PW 2023-09 and Acceptance of Dedication
1. CC 2023-09-12 Tally Ho Frontage Improvements Agreement and Dedication.pdf
2. CC 2023-09-12 Attachment 1 - Contract Agreement -DRAFT _NEW.pdf
3. CC 2023-09-12 Attachment 2 - Bid Opening Log.pdf
4. CC 2023-09-12 Attachment 3 - Offer to Dedicate_191 Tally Ho.pdf
5. CC 2023-09-12 Attachment 4 - 195 Tally Ho Dedication Offer (1).pdf (KAHN)
Recommended Action:
1) Accept the Offer of Dedication for an easement for a public right of way of the frontage of 191 Tally Ho Road, 2) Accept the Offer of Dedication for an easement for a public right of way of the frontage of 195 Tally Ho Road; 3) Award a construction contract for Construction of the Tally Ho Frontage Improvements Project to JJ Fisher Construction, Inc.; and 4) Determine the Project to be categorically exempt per Section 15302 Class 2 exemption, which applies to the replacement or reconstruction of existing structures and facilities where the new structure is located on the same site as the structure replaced and has substantially the same purpose and capacity as the structure replaced as this wall was previously removed.
9.n
Five Cities Fire Authority Fire Prevention Agreement and Delegation of Authority to the City of Arroyo Grande
1. CC 2023-09-12 Five Cities Fire Authority Fire Prevention Agreement.pdf
2. CC 2023-09-12 Attachment 1 - City of Arroyo Grande and FCFA Prevention Agreement.pdf
3. CC 2023-09-12 Attachment 1 Exhibit A - Scope of Services.pdf (PEDROTTI)
Recommended Action:
Approve the Fire Prevention Agreement to delegate fire inspection service authority to the City of Arroyo Grande and find that 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.).
10. PUBLIC HEARINGS
None.
11. OLD BUSINESS
None.
12. NEW BUSINESS
None.
13. COUNCIL COMMUNICATIONS
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
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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