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Minutes 2023-09-12 CITY OF fOYO GRAN, �•`►irs�ir.LarE4iria ACTION MINUTES 3ZrC A L I F O R N 1 A%c,r REGULAR MEETING OF THE CITY COUNCIL September 12, 2023, 5:00 p.m. Hybrid City Council ChamberNirtual Zoom Meeting 215 East Branch Street, Arroyo Grande Council Members Present: Mayor Ray Russom, Mayor Pro Tern Barneich, Council Member George, Council Member Guthrie, Council Member Secrest Staff Present: City Clerk Jessica Matson, City Attorney Isaac Rosen, Interim City Manager Bill Robeson, Administrative Services Director Nicole Valentine, Interim Public Works Director Steve Kahn, Community Development Director Brian Pedrotti, City Engineer Shannon Sweeney This meeting was conducted in a hybrid in-person/virtual format. CLOSED SESSION MEETING 5:00 P.M. 1. CALL TO ORDER Mayor Ray Russom called the meeting to order at 5:00 p.m. 2. ROLL CALL City Clerk Matson took roll call. At the time of roll call, Council Member George was absent. Council Member George joined the meeting at 5:01 p.m. 3. FLAG SALUTE Mayor Ray Russom led the flag salute. 4. PUBLIC COMMENT ON CLOSED SESSION ITEMS Mayor Ray Russom invited public comment. No public comments were received. 1 5. CLOSED SESSION City Attorney Rosen announced that City Council will recess to a closed session for the following and will report any reportable action at the City Council Regular meeting at 6:00 p.m.: a) LABOR NEGOTIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6: 1. 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 2. 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 3. Unrepresented Management Employees City-designated negotiators: Che Johnson, Special Labor Counsel 4. City Manager City-designated negotiators: Che Johnson, Special Labor Counsel City Council adjourned to Closed Session at 5:02 p.m. 6. ADJOURNMENT City Council adjourned Closed Session at 5:43 p.m. REGULAR MEETING 6:00 P.M. 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 Ray Russom led the flag salute. 2 5. AGENDA REVIEW 5.a Closed Session Announcements City Attorney Rosen announced that there was no reportable action from the following: City Council Closed Session Meeting of September 12, 2023 a) LABOR NEGOTIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6: 1. Employee Organization: Arroyo Grande Police Officers'Association a. City-designated negotiators: Che Johnson, Special Labor Counsel; Tashina Ureno, Human Resources Officer; Nicole Valentine, Director of Administrative Services 2. Employee Organization: Service Employees International Union, Local 620 a. City-designated negotiators: Che Johnson, Special Labor Counsel; Tashina Ureno, Human Resources Officer; Nicole Valentine, Director of Administrative Services 3. Unrepresented Management Employees a. City-designated negotiators: Che Johnson, Special Labor Counsel 4. City Manager a. 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" Mayor Ray Russom read the Honorary Proclamation Recognizing September 15-October 15, 2023 as National Hispanic Heritage Month. Erica Ruvalcaba, Latino Outreach Council, accepted the proclamation. Mayor Ray Russom 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 provided information regarding Board of Supervisors action regarding the support of a contract with FCFA to provide Fire and Emergency Medical Services to Oceano; and regarding the Tally Ho Creek Relief Workshop. City Engineer Sweeney provided a presentation regarding Village Construction Projects. 3 Mayor Ray Russom 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 Ray Russom invited public comment. Speaking from the public was Stephen Hanamaikai. City Clerk Matson read into the record written comments from Gaea Powell. No further 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 made comments regarding Items 9.h., 9.i., and 9.1. Mayor Ray Russom invited public comment. No public comments were received. Moved by Mayor Pro Tem Barneich Seconded by Council Member Guthrie Approve Consent Agenda Items 9.a. through 9.n., with the recommended courses of action. AYES (5): Mayor Pro Tem Barneich, Council Member Guthrie, Council Member Secrest, Council Member George, and Mayor Ray Russom Passed (5 to 0) 9.a Consideration of Cash Disbursement Ratification 1) Ratified the listing of cash disbursements for the period of August 1 through August 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 July 31, 2023, as required by Government Code Section 53646(b); 2) Determined 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.) 4 9.c Consideration of Memorandum of Understanding with the Arroyo Grande Police Officers' Association 1)Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MEMORANDUM OF UNDERSTANDING FOR EMPLOYEES REPRESENTED BY THE ARROYO GRANDE POLICE OFFICERS' ASSOCIATION AND REPEALING RESOLUTION NO. 5094";and 2) Determined 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)Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MEMORANDUM OF UNDERSTANDING FOR EMPLOYEES REPRESENTED BY THE SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 620 AND REPEALING RESOLUTION NO. 5093"; and 2) Determined 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)Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING WAGES AND BENEFITS FOR MANAGEMENT EMPLOYEES FOR FISCAL YEARS 2023-24";2)Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING COMPENSATION ADJUSTMENTS FOR PART-TIME EMPLOYEES"; 3)Approved the updated City combined salary schedule; 4)Approved one budget adjustment request in the amount of $787,725; and 5) Determined 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 Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE TERMINATING THE LOCAL EMERGENCIES WITHIN THE CITY OF 5 ARROYO GRANDE(MARCH 2023 AND STORM EVENTS THAT BEGAN DECEMBER 27, 2022)" 9.g Approval of Minutes Approved 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)Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE AN AGREEMENT WITH THE CALIFORNIA OFFICE OF TRAFFIC SAFETY TO ACCEPT GRANT FUNDING FOR TRAFFIC SAFETY PROGRAMS AND TO APPROPRIATE THE FUNDING FOR THE PROGRAM ACTIVITIES AND FIND THE ACTION EXEMPT UNDER CEQA";and 2)Approved 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)Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE AN AGREEMENT WITH THE DEPARTMENT OF ALCOHOL AND BEVERAGE CONTROL FOR ALCOHOLIC BEVERAGE SALES EDUCATION AND ENFORCEMENT AND TO APPROPRIATE THE FUNDING FOR THE PROGRAM ACTIVITIES AND FIND THE ACTION EXEMPT UNDER CEQA";and 2)Approved 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)Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING EASEMENTS AND PUBLIC IMPROVEMENTS FOR CUP 18- 003, PHASED COMMERCIAL DEVELOPMENT OF APPROXIMATELY 28,000 SQUARE FEET OF OFFICE, WAREHOUSE,AND CAFE;LOCATION—SUBAREA 1—EAST CHERRY AVENUE SPECIFIC PLAN"; and 2) Determined 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 6 1)Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE EXECUTION OFA QUITCLAIM DEED TO CALTRANS FOR PARCELS 12432-1 AND 12433-1 AS SHOWN ON STATE HIGHWAY MAP BOOK 6 AT PAGES 99-102 AND DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT THE REAL PROPERTY OWNED BY THE CITY IS EXEMPT SURPLUS LAND"; and; 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. 9.1 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)Approved 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) Determined 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 die 191 Tally Ho Frontage Improvements Project, PW 2023-09 and Acceptance of Dedication 1)Accepted the Offer of Dedication for an easement for a public right of way of the frontage of 191 Tally Ho Road, 2)Accepted the Offer of Dedication for an easement for a public right of way of the frontage of 195 Tally Ho Road; 3)Awarded a construction contract for Construction of the Tally Ho Frontage Improvements Project to JJ Fisher Construction, Inc.; and 4) Determined 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 Approved 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 7 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 Council Member Secrest mentioned that the Tally Ho residents are appreciative for the frontage project. Council Member George acknowledged the time and effort it takes staff to prepare the information and reports for the Council meeting Agenda Packet. Council Member Guthrie requested that the Council consider directing staff to agendize a discussion item to provide feedback regarding SLOCOG's potential funding measure before the Board's October meeting. Mayor Ray Russom concurred. 14. ADJOURNMENT There being no further business to come before the City Council, Mayor Ray Russom adjourned the meeting a 6:43 p.m. I/ P41 Caren Ray RIrs om, Mayor ATTEST: Jessica Matson, City Clerk 8