Minutes 2023-04-11 t' .c- CITY OF
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ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
April 11, 2023, 6:00 p.m.
Hybrid City Council Chamber/Virtual Zoom Meeting
215 East Branch Street, Arroyo Grande
Council Members Present: Mayor Pro Tern Barneich, Council Member
Guthrie, Council Member Secrest
Council Members Absent: Mayor Ray Russom, Council Member George
Staff Present: Deputy City Clerk Sarah Lansburgh, Interim
City Attorney Isaac Rosen, City Manager
Whitney McDonald, Assistant City
Manager/Public Works Director Bill Robeson,
Administrative Services Director Nicole
Valentine, Community Development Director
Brian Pedrotti, Assistant Planner Patrick
Holub
This meeting was conducted in a hybrid in-person/virtual format.
1. CALL TO ORDER
Mayor Pro Tern Barneich called the Regular City Council Meeting to order at 6:02 p.m.
2. ROLL CALL
Deputy City Clerk Lansburgh took roll call.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Jim Souza, Knights of Columbus led the flag salute.
5. AGENDA REVIEW
5.a Closed Session Announcements
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION pursuant to Government
Code Section 54956.9(d)(1):
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Name of Case: Oak Park Estates, HOA v. City of Arroyo Grande, et al. and related actions
Interim City Attorney Rosen announced that there was no reportable action.
5.b Ordinances read in title only
None.
6. SPECIAL PRESENTATIONS
6.a Honorary Proclamation Declaring April 2023 as National Sexual Assault Awareness
Month
Mayor Pro Tem Barneich read the Honorary Proclamation Declaring April 2023 as National
Sexual Assault Awareness Month. Stacy Solome, Lumina Alliance, accepted the proclamation.
Mayor Pro Tem Barneich invited public comment. No public comments were received.
No action was taken on this item.
6.b Honorary Proclamation Declaring April 28, 2023 as Arbor Day
Mayor Pro Tem Barneich read the Honorary Proclamation Declaring April 28, 2023 as Arbor
Day. Bill Robeson, Assistant City Manager/Public Works Director, accepted the proclamation.
Mayor Pro Tem Barneich 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 the We Heart AG event on April 23rd,
the Halcyon Complete Streets Workshops on April 26th and 27th, the new City newsletter
entitled "Arroyo Grande Gazette"; and discussed upcoming items for Council consideration.
Mayor Pro Tern Barneich invited public comment. No public comments were received.
No action was taken on this item.
7. CITY COUNCIL REPORTS
None.
Reports are made during the Second Council Meeting each month.
8. COMMUNITY COMMENTS AND SUGGESTIONS
Mayor Pro Tem Barneich invited public comment. Speaking from the public was Manley McNinch. No
further public comments were received.
9. CONSENT AGENDA
Mayor Pro Tern Barneich asked the Council if there were any questions or any items to be pulled from
the consent agenda for further discussion.
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Council welcomed new City Attorney Rosen and wished prior City Attorney Carmel well in his future
endeavors.
Mayor Pro Tern Barneich invited public comment. No public comments were received.
Moved by Council Member Guthrie
Seconded by Council Member Secrest
Approve Consent Agenda Items 9.a. through 9.k., with the recommended courses of action.
AYES (3): Council Member Guthrie, Council Member Secrest, and Mayor Pro Tern Barneich
ABSENT(2): Mayor Ray Russom, and Council Member George
Passed (3 to 0)
9.a Consideration of Cash Disbursement Ratification
1) Ratified the listing of cash disbursements for the period of March 1 through March 15, 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 Statement of Investment Deposits
1) Received and filed the report listing investment deposits of the City of Arroyo Grande as of
February 28, 2023, as required by Government Code Section 53646(b); 2) Determined that the
statement of Investment report 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
1) Received and filed 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) Determined that the financial 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
1)Awarded 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) Determined that awarding a contract to Tyler
Technologies is not a project subject to the California Environmental Quality Act("CEQA")
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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
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.f Consideration of Agreement with Best Best& Krieger for City Attorney Services and
Appointment of Isaac Rosen as the Arroyo Grande City Attorney
Approved 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
1) Opted into settlement agreement with opioid distributor, Walgreens Co., and direct the City
Manager to execute any documents necessary to implement the action; 2) Opted into
settlement agreement with opioid distributor, Walmart, Inc. and direct the City Manager to
execute any documents necessary to implement the action; 3) Opted 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) Opted 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) Opted 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)
Made findings that adopting the Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ARROYO GRANDE CALIFORNIA AUTHORIZING THE CITY MANAGER
TO ENTER INTO THE SETTLEMENT AGREEMENTS WITH WALGREENS CO., WALMART,
INC., CVS HEALTH CORPORATION/CVS PHARMACY INC., TEVA PHARMACEUTICAL
INDUSTRIALS LTD., AND ALLERGAN FINANCE LLC/ALLERGAN LIMITED, AGREE TO
THE TERMS OF THE STATE-SUBDIVISION AGREEMENTS, AND AUTHORIZE ENTRY
INTO THE STATE-SUBDIVISION AGREEMENTS WITH THE ATTORNEY GENERAL"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
Cancelled the regularly scheduled Council meeting of July 11, 2023.
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9.i Annual Update on Military Equipment Pursuant to California AB 481
Received and filed 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
1) Adopted Resolutions entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ORDERING THE PREPARATION AND FILING OF THE ANNUAL
ENGINEER'S REPORT FOR THE GRACE LANE ASSESSMENT DISTRICT FOR FISCAL
YEAR 2023-2024"; "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE ORDERING THE PREPARATION AND FILING OF THE ANNUAL ENGINEER'S
REPORT FOR THE PARKSIDE VILLAGE ASSESSMENT DISTRICT FOR FISCAL YEAR
2023-2024"; and "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE ORDERING THE PREPARATION AND FILING OF THE ANNUAL ENGINEERS
REPORT FOR THE ARROYO GRANDE LANDSCAPING AND LIGHTING ASSESSMENT
DISTRICT NO. 1, WITHIN TRACT 1769, FOR FISCAL YEAR 2023-2024". 2) Determined 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 (SBI)for Fiscal Year 2023-24
1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADOPTING A PROJECT FOR FISCAL YEAR 2023-24 FUNDED BY
SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017";2)Authorized
the Director of Administrative Services to submit the Resolution to the California Transportation
Commission (CTC); and 3) Made 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
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
Assistant Planner Patrick Holub presented the report and recommended Council receive public
comment and make a recommendation to the Arroyo Grande Public Art Review Panel. Mr.
Holub responded to questions from Council.
Mayor Pro Tem Barneich opened the public hearing. Speaking from the public were Nan
Bowman, Alyssa Manna, Elliott Becker, Kathryn, and Buddy Lowe. Deputy City Clerk
Lansburgh read into the record written comments by Lori Hall. Upon hearing no further public
comments, Mayor Pro Tern Barneich closed the public hearing.
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Council Members Secrest and Guthrie acknowledged the supplemental information received
and commented on the proposed mural design.
Mayor Pro Tern Barneich read comments from the Architectural Review Committee (ARC) in the
staff report and make comments regarding the mural design.
Mayor Pro Tern Barneich re-opened the public hearing. Speaking from the public were applicant
Alyssa Manno, and Cathy Cartier. Upon hearing no further public comments, Mayor Pro Tern
Barneich closed the public hearing.
Council Member Guthrie made a motion to deny Architectural Review Case 23-006 based on
inconsistencies with the historic guidelines for the Village. Mayor Pro Tern Barneich seconded
the motion. Brief discussion ensued. Mayor Pro Tern Barneich withdrew her second.
Moved by Mayor Pro Tern Barneich
Seconded by Council Member Secrest
Provide direction to applicant and artist to make changes aligned with the Village Historic
Guidelines and bring back to Council for recommendation to the Arroyo Grande Public Art
Panel.
AYES (3): Mayor Pro Tern Barneich, Council Member Secrest, and Council Member Guthrie
ABSENT (2): Mayor Ray Russom, and Council Member George
Passed (3 to 0)
11. OLD BUSINESS
11.a Consideration to Approve Construction Plans & Specifications and Environmental
Exemption for the 2022 Street Repairs Project, PW 2022-05
Assistant City Manager/Public Works Director Robeson introduced the report and Joe Ririe
provided a presentation of the 2022 Street Repairs Project. Director Robeson, Director
Valentine and Mr. Ririe responded to questions from Council.
Mayor Pro Tern Barneich invited public comment. No public comments were received.
Moved by Council Member Guthrie
Seconded by Council Member Secrest
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.
AYES (3): Council Member Guthrie, Council Member Secrest, and Mayor Pro Tern Barneich
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ABSENT(2): Mayor Ray Russom, and Council Member George
Passed (3 to 0)
12. NEW BUSINESS
None.
13. COUNCIL COMMUNICATIONS
Council Member Guthrie complemented the Recreation Services staff on a job well done after another
successful Easter Egg Hunt event.
14. ADJOURNMENT
There being no further business to come before the City Council, Mayor Pro Tern Barneich adjourned
the meeting at 7:52 p.m.
a
A
Caren Ray > om, Mayor
ATTEST:
.il= ( ,C, L
Jessica Matson, City Clerk
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