City Council Meeting - November 28, 2023
1. CALL TO ORDER
Mayor Pro Tem Barneich called the Regular City Council Meeting to order at 6:02 p.m.
2. ROLL CALL
City Clerk Matson took roll call. At the time of roll call, Mayor Ray Russom was absent.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Mayor Pro Tem Barneich led the flag salute.
5. AGENDA REVIEW
City Attorney Rosen announced that Item 12.a. regarding City Manager appointment would not be heard and would come to Council on a future agenda.
5.a
Closed Session Announcements
City Attorney Rosen announced that there was no reportable action, but that the Council did not complete the closed session items and will be reconvening at the end of the open session meeting to complete closed session items.
City Council Closed Session Meeting of November 17, 2023 a) PUBLIC EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b):
PUBLIC EMPLOYEE APPOINTMENT
Position: City Manager
City Council Closed Session Meeting of November 18, 2023 a) PUBLIC EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b):
PUBLIC EMPLOYEE APPOINTMENT
Position: City Manager
City Council Closed Session Meeting of November 28, 2023 a) PUBLIC EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b):
PUBLIC EMPLOYEE APPOINTMENT
Position: City Manager
b) LABOR NEGOTIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: City Attorney
Unrepresented employee: City Manager
c) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: 1 potential case.
5.b
Ordinances read in title only
Moved by
Mayor Pro Tem Barneich
Seconded by
Council Member George
Move that all ordinances presented at the meeting shall be read by title only and all further readings be waived.
AYES (4)
Mayor Pro Tem Barneich, Council Member George, Council Member Secrest, and Council Member Guthrie ABSENT (1)
Mayor Ray Russom
Passed (4 to 0)
6. SPECIAL PRESENTATIONS
6.a
Honorary Proclamation Designating December 2023 as Peace and Nonviolence Month
1. CC 2023-11-28 Honorary Proclamation_Pace and Nonviolence Month.pdf Mayor Pro Tem Barneich read the Honorary Proclamation
Designating December 2023 as Peace and Nonviolence Month. Kathy Mink , Diversity Coalition, accepted the proclamation.
Mayor Pro Tem Barneich invited public comment. No public comments were received.
No action was taken on this item.
6.b
Interim City Manager Communications
Interim City Manager Robeson thanked the Diversity Coalition for coming and accepting the Proclamation and for the work being done by their organization; made comments regarding the 46th Annual Turkey Trot; provided information regarding the Jingle Bell Dash and Holiday Parade; Holiday Boutique and Art in the Park; Tree Lighting and Snow events.
Interim Public Works Director/City Engineer Sweeney provided an update regarding the Village construction projects.
Mayor Pro Tem Barneich invited public comment. No public comments were received.
No action was taken on this item.
Receive correspondence/comments as presented by the Interim City Manager and Provide direction, as necessary.
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.
Mayor Pro Tem Barneich
invited public comment. Speaking from the public was Alexandria Davis. No further public comments were received.
7.a
MAYOR RAY RUSSOM:
California Joint Powers Insurance Authority (CJPIA)
Central Coast Blue Regional Recycled Water Authority Board Five Cities Fire Authority
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 Governmental Affairs Committee Other
8. COMMUNITY COMMENTS AND SUGGESTIONS
Mayor Pro Tem Barneich invited public comment. No public comments were received.
9. CONSENT AGENDA
Mayor Pro Tem Barneich asked the Council if there were any questions or any items to be pulled from the consent agenda for further discussion. Council Member George asked questions of staff on Item 9.g.
In response to Council questions, Community Development Director Pedrotti provided an update regarding minor modifications made to the Ordinance in Item 9.g. City Attorney Rosen clarified that there were minor changes to the Ordinance beyond what was published.
Mayor Pro Tem Barneich invited public comment. No public comments were received.
Moved by
Council Member George
Seconded by
Council Member Guthrie
Approve Consent Agenda Items 9.a. through 9.g., with the recommended courses of action as amended with minor changes read into the record regarding Item 9.g.
AYES (4)
Mayor Pro Tem Barneich, Council Member George, Council Member Secrest, and Council Member Guthrie ABSENT (1)
Mayor Ray Russom
Passed (4 to 0)
9.a
Consideration of Cash Disbursement Ratification
1. CC 2023-11-28 Cash Disbursement Ratification.pdf
2. CC 2023-11-28 Attachment 1 - Cash Disbursement Ratification.pdf
3. CC 2023-11-28 Attachment 2 - Cash Disbursement Ratification.pdf 1) Ratified the listing of cash disbursements for the period of October 16 through October 31, 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
Approval of Minutes
1. CC 2023-11-28 Approval of Minutes - Nov14_2023.pdf
2. CC 2023-11-28 Approval of Minutes_Nov17_2023SP.pdf
3. CC 2023-11-28 Approval of Minutes_Nov18_2023SP.pdf
Approved the minutes of the Regular City Council Meeting of November 14, 2023, and the Special City Council Meetings of November 17, 2023 and November 18, 2023, as submitted.
9.c
Consider a Resolution Approving TUP 23-012; Authorize the Village Holiday Parade & Jingle Bell Dash on December 3, 2023; Approve Street Closures in the Village; and Find the Action Categorically Exempt from CEQA Pursuant to Section 15304(e)
1. CC 2023-11-28 Holiday Parade and Jingle Dash.pdf
2. CC 2023-11-28 Attachment 1 - Resolution.pdf
3. CC 2023-11-28 Attachment 1 Exhibit B - Road Closures and Detour Map_small.pdf Adopted a Resolution entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT CASE NO. 23-012 AUTHORIZING THE VILLAGE HOLIDAY PARADE AND JINGLE BELL DASH ON SUNDAY, DECEMER 3, 2023 AND DIRECTING STAFF TO IMPLEMENT RELATED SAFETY MEASURES INCLUDING NO PARKING ZONES AND STREET CLOSURES AND FINDING THE ACTION EXEMPT FROM CEQA".
9.d
Consideration of a Two-Year Extension of the Five-Year Radar Speed Surveys for Selected City Streets
1. CC 2023-11-28 2018 Radar Speed Survey Extention.pdf
2. CC 2023-11-28 Attachment 1 - Resolution for extending speed survey.pdf
3. CC 2023-11-28 Attachment 2 - ETS.pdf
1) Adopted a Resolution entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE EXTENDING THE CERTIFICATION OF THE 2018 FIVE-YEAR RADAR SPEED SURVEY FOR SELECTED CITY STREETS"; and 2) Determined that this extension 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
Monthly Water Supply and Demand Update
1. CC 2023-11-28 Monthly Water Supply and Demand Update.pdf
2. CC 2023-11-28 Attachment 1 - Lopez Monthly Operations Report for October.pdf
3. CC 2023-11-28 Attachment 2 - Lopez Reservoir Storage Projection.pdf
4. CC 2023-11-28 Attachment 3 - Monthly Water Supply and Demand for October.pdf
5. CC 2023-11-28 Attachment 4 - Deep Well Index Levels.pdf Received and filed the Monthly Water Supply and Demand Update.
9.f
Consideration of the Summary Vacation of a Public Utility Easement and Acceptance of a Grant of a Sanitary Sewer Easement and Located at 605 Eman Court
1. CC 2023-11-28 605 Eman Court Public Utility Easement Vacation.pdf
2. CC 2023-11-28 Attachment 1 - Proposed Resolution_605 Eman Court Easements .pdf
3. CC 2023-11-28 Attachment 2 - Exhibit A-1_Legal Description for Sanitary Sewer Easement.pdf
4. CC 2023-11-28 Attachment 3 - Exhibit A-2_605 Legal description for 605 Eman Court.pdf
5. CC 2023-11-28 Attachment 4 - Exhibit B_Depiction of PUE and Proposed Sewer Easement.pdf
6. CC 2023-11-28 Attachment 5 - Exhibit C_Legal Description for Public Utility Easement.pdf
7. CC 2023-11-28 Attachment 6 - Exhibit D_Grant of Sanitary Sewer Easement.pdf
8. CC 2023-11-28 Attachment 7 - Exhibit E_Certificate of Acceptance for Sanitary Sewer Easement.pdf
9. CC 2023-11-28 Attachment 8 - Non-Objection Letters_605 Eman Court Easements_Redacted.pdf Adopted a Resolution entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ORDERING THE SUMMARY VACATION OF A PUBLIC UTILITY EASEMENT, ACCEPTING A GRANT OF A SANITARY SEWER EASEMENT AT 605 EMAN COURT, AND MAKING A CEQA DETERMINATION REGARDING THE SAME".
9.g
Consideration of Adoption of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code Regarding Restrictions on Irrigated Turf and Finding This Action Exempt from the California Environmental Quality Act
1. CC 2023-11-28 Turf Ordinance Adoption.pdf
2. CC 2023-11-28 Attachment 1 - Ordinance.pdf
1) Adopted an Ordinance entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 16.84 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING RESTRICTIONS ON IRRIGATED TURF AND FINDING THE ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT" ;
and 2) Found that the Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15060(c)(2), (3), 15378, and in the alternative, State CEQA Guidelines Section 15061(b)(3).
10. PUBLIC HEARINGS
10.a
Consider a Resolution for the Installation of One (1) Domestic Well on Property Zoned Planned Development (PD); Applicant – Michael Harris; Representative – Richard Burde, SLO Civil Design
1. CC 2023-11-28 Noyes Well Continuance.pdf
Mayor Pro Tem Barneich read staff's recommendation to continue the Item to January 9, 2024.
Moved by
Council Member Guthrie
Seconded by
Council Member George
On October 24, 2023, this public hearing item was opened and continued to a date certain of November 28, 2023. Staff requests that this item be considered on January 9, 2024, and will re-notice a public hearing for that date. City staff has worked with applicant to find a mutually satisfactorily date for the hearing and determined January 9, 2024 works with applicant’s availability.
AYES (4)
Mayor Pro Tem Barneich, Council Member George, Council Member Secrest, and Council Member Guthrie ABSENT (1)
Mayor Ray Russom
Passed (4 to 0)
11. OLD BUSINESS
11.a
Consideration of an Award of Contract to ADT Commercial, LLC for Construction of the Public Safety Camera System Project, PW 2023-10 and Find the Action Exempt From CEQA
1. CC 2023-11-28 PW2023-10 Public Safety Camera System Award.pdf
2. CC 2023-11-28 Attachment 1 - Agreement.pdf
3. CC 2023-11-28 Attachment 2 - Bid opening log sheet.pdf
4. CC 2023-11-28 Attachment 3 - Camera locations.pdf
Interim Public Works Director/City Engineer Sweeney presented the report and responded to questions from Council.
Mayor Pro Tem Barneich invited public comment. Speaking from the public was Judy Cecchetti, and Alexandria Davis. No further public comments were received.
Moved by
Council Member George
Seconded by
Council Member Secrest
1) Award a contract for the Public Safety Camera System Project to ADT Commercial, LLC in the amount of $430,411, in substantially final form subject to any minor, technical or non-substantive changes approved by the City Manager in consultation with the City Attorney; 2) Authorize the City Manager to approve change orders of 20% of the contract amount, $86,082.21, for unanticipated costs during the construction phase of the Project; 3) Determine that the Project is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 1 exemption, 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).
AYES (4)
Mayor Pro Tem Barneich, Council Member George, Council Member Secrest, and Council Member Guthrie ABSENT (1)
Mayor Ray Russom
Passed (4 to 0)
12. NEW BUSINESS
12.a
Appointment of City Manager and Approval of Employment Agreement (contingent on status of recruitment and pending negotiation)
1. CC 2023-11-28 Appointment of City Manager_Placeholder Item- No report.pdf City Attorney Rosen announced during Agenda Review that this item would be heard at a future Council meeting.
12.b
Consideration of an Agreement with A-Town AV for the Council Chamber Audio/Video System Project Upgrade and Request to Approve a Budget Adjustment Request and Find the Action Exempt from CEQA
1. CC 2023-11-28 Chamber AudioVideo Upgrade Project.pdf
2. CC 2023-11-28 Attachment 1 - ATown AV Agreement.pdf
3. CC 2023-11-28 Attachment 1 - Exhibit C.pdf
4. CC 2023-11-28 Attachment 2 - Audio.Visual CC Upgrade RFP - Final.pdf
5. CC 2023-11-28 Attachment 3 - AtownAV Product Pictures.pdf IT Manager Waddy presented the item. IT Manager Waddy and Jason Allen, President of A-Town AV, responded to questions from Council.
Mayor Pro Tem Barneich invited public comment. Speaking from the public was Alexandria Davis. No further public comments were received.
Moved by
Council Member Guthrie
Seconded by
Council Member George
Approve an Agreement with A-Town AV for design and installation services for the Audio/Video system project upgrade and approve a budget adjustment request.
AYES (4)
Mayor Pro Tem Barneich, Council Member George, Council Member Secrest, and Council Member Guthrie ABSENT (1)
Mayor Ray Russom
Passed (4 to 0)
13. COUNCIL COMMUNICATIONS
Council Member George announced Giving Tuesday and encouraged everyone to give to organizations who do good in our community.
Mayor Pro Tem Barneich encouraged Central Coast Community Energy (CCCE) solar customers to request a rate comparison CCCE and PG&E.
14. ADJOURNMENT
There being no further business to come before the City Council, Mayor Pro Tem Barneich adjourned the meeting at 7:29 p.m. to the continued closed session meeting. Any reportable action will be announced at the next regular City Council meeting.
City Council adjourned at 8:44 p.m.