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CC 2023-12-23 Agenda SummaryCITY COUNCIL MEETING AGENDA SUMMARY Tuesday, December 12, 2023, 6:00 p.m. In person at: Arroyo Grande City Council Chambers 215 E. Branch Street, Arroyo Grande, CA 93420 AND via Zoom at: https://us02web.zoom.us/j/86752345420 Please click the link above to join the Zoom Meeting: Webinar ID: 867 5234 5420 Or by Telephone: 1-669-900-6833; 1-346-248-7799 This City Council meeting is being conducted in a hybrid in-person/virtual format. Members of the public may participate and provide public comment on agenda items during the meeting in person at the location identified above, by joining the Zoom meeting, or by submitting written public comments to the Clerk of the Council at publiccomment@arroyogrande.org. Meetings will be broadcast live on Channel 20 and streamed on the City’s website and www.slo-span.org. CLOSED SESSION: None. 1.CALL TO ORDER 2.ROLL CALL 3.MOMENT OF REFLECTION 4.FLAG SALUTE ARROYO GRANDE LIONS CLUB 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 November 28, 2023 a) PUBLIC EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b): PUBLIC EMPLOYEE APPOINTMENT Position: City Manager 5.b Ordinances read in title only Move that all ordinances presented at the meeting shall be read by title only and all further readings be waived. 6.SPECIAL PRESENTATIONS 6.a Introduction of New Employee, Julie Hawkins, Deputy City Clerk/Communications Coordinator (MATSON) 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 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. Page 2 of 301 9.a Consideration of Cash Disbursement Ratification (VALENTINE) Recommended Action: 1) Ratify the attached listing of cash disbursements for the period of November 1 through November 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 (VALENTINE) Recommended Action: 1) Receive and file the attached report listing investment deposits of the City of Arroyo Grande as of October 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 Fiscal Year 2023-24 First Quarter Status Report and Request to Approve Fifteen Budget Adjustment Requests (VALENTINE) Recommended Action: Consider, receive, and file the FY 2023-24 First Quarter Financial Status Report; and approve fifteen Budget Adjustment Requests. 9.d Annual Financial Report for Fiscal Year 2022-23 – Receipt and Use of Water and Sewer Capacity and Connection Fees/Charges (VALENTINE) Recommended Action: 1) Receive and file the annual report of the receipt and use of water and sewer capacity and connection fees and charges, in compliance with Government Code Section 66013; 2) Determine that ratifying the annual 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.e Consideration of Adoption of a Resolution Amending the Citywide Combined Salary Schedule and Approving One Budget Adjustment Request (ROBESON/VALENTINE) Recommended Action: Adopt a Resolution amending the Citywide Combined Salary Schedule and appropriate $4,000 from the General Fund for the balance of FY 2023-24, and direct Staff to take any steps necessary to otherwise ratify the salary change for the impacted employees 9.f Consideration of a Resolution Accepting the Status Report on Development Impact Fees (AB 1600) Page 3 of 301 (VALENTINE) Recommended Action: 1) Adopt a Resolution accepting the status report on the receipt and use of Development Impact Fees (AB 1600) during the fiscal year ending June 30, 2023 and 2) Determine that adopting a resolution accepting the status report on the receipt and use of Development Impact Fees (AB 1600) 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, Cal. Code Regs., tit. 14, §§ 15060, subd. (c)(2)-(3), 15378.) 9.g Approval of Minutes (MATSON) Recommended Action: Approve the minutes of the Regular City Council Meeting of November 28, 2023, as submitted. 9.h Consideration of Selection of Council Member Guthrie as Mayor Pro Tem for Calendar Year 2024 (MATSON) Recommended Action: Appoint Council Member Guthrie as the Mayor Pro Tem for the next one-year period, pursuant to Council policy. 9.i Consideration of an Award of Contract to SP Maintenance Services, Inc. for Street Sweeping Services (SWEENEY) Recommended Action: 1) Award a contract for street sweeping services to SP Maintenance, Inc. for the next 2 years in the amount of $442,440 ($221,220/year); 2) Authorize the City Manager to approve extensions for year 3, at $227,776, and year 4, at $234,332, upon favorable performance in the City Manager’s discretion; 3) Approve a budget amendment of $51,010 to address the anticipated budget deficit from the increase in contrast costs through the end of FY 2023- 24; and 4) Find that these services are exempt from the California Environmental Quality Act (CEQA) under the Class 4 exemption, which applies to minor public or private alterations in the condition of land, water, and/or vegetation where the project does not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. (State CEQA Guidelines, § 15304.) 10.PUBLIC HEARINGS 10.a Consideration of CUP23-002; AG Creek Stream Gauge Fish Passage Improvement, Requested Fee Waiver and Finding Action Exempt from Review Under CEQA Pursuant to State Guidelines § 15301, 15302, & 15304; Applicant–Steph Wald, Creek Lands Conservation (PEDROTTI) Recommended Action: 1) Adopt a Resolution approving the proposed Conditional Use Permit and corresponding fee waiver; and 2) Determine that this project is categorically exempt per Section 15301, Page 4 of 301 15302 and 15304 of the CEQA Guidelines. 10.b Public Hearing to Consider Introduction of an Ordinance Amending Title 13 of the Arroyo Grande Municipal Code Regarding the Water Shortage Contingency Plan and Finding this Action Exempt from CEQA (SWEENEY) Recommended Action: 1) Introduce the Ordinance amending Section 13.07.030 (C)(2) of the Arroyo Grande Municipal Code regarding the WSCP; and 2) Find that the Ordinance is exempt from the California Environmental Quality Act (CEQA) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment. (State CEQA Guidelines sections 15060, subd. (c)(2), (3); 15061(b)(3)). 11.OLD BUSINESS None. 12.NEW BUSINESS 12.a Consideration of Appointment of City Manager and Approval of Employment Agreement (ROSEN) Recommended Action: 1) Approve the negotiated Employment Agreement with Matthew J. Downing , to serve as Arroyo Grande’s City Manager, following the required oral report under the Brown Act and subject to any minor, non-substantive changes necessary for finalization; and 2) Find the action 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. (c)(2)-(3), 15378) 12.b Consideration of Preliminary Approval of Community Development Block Grant Projects for Year 2024 And Finding That This Action Is Exempt Under The California Environmental Quality Act, State Guidelines Section 15061 (PEDROTTI) Recommended Action: Conduct a public hearing and provide preliminary approval of proposed projects to be funded with the City’s allocation of Community Development Block Grant (CDBG) funds for the Year 2024, as shown in Table 1 below, and find that the preliminary approval of projects is exempt from CEQA, pursuant to CEQA Guidelines Section 15061 subd. (b)(3). Final City approval of the CDBG allocation and projects will tentatively occur in March 2024. 12.c Discussion to Consider Waiving or Reimbursing Certain Building Permit Fees Related to Repair or Reconstruction of Homes Damaged by Flooding in 2023 Declared Local Emergencies (PEDROTTI) Recommended Action: 1) Authorize the City Manager to take all actions necessary to approve waivers for 50% of the total amount of demolition, building permit, and inspection fees, for homes that were red or yellow tagged and thus damaged due to flooding occurring in 2023 during the City’s Page 5 of 301 locally declared emergencies; 2) Find the public purpose contained within this Staff Report supports the contemplated waivers; and 3) Determine that the discussion item is not a project subject to the California Environmental Quality Act (“CEQA”) because it has not 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.) 12.d Review and Approve Council Appointments to Regional and Local Boards and Committees (MATSON) Recommended Action: Review the current list of appointments to those regional and local boards, commissions, and committees with Council representation, and: 1) Update the list of appointments and meeting information, maintain current Council assignments for the remaining boards, commissions, and committees, and reappoint Council members for the next one-year period, or 2) Update the list of appointments and meeting information for the remaining boards, commissions, and committees, reassign and approve new Council appointments to any of the regional and local boards and committees as desired; 3) Direct the City Clerk to update Fair Political Practices Commission (FPPC) Form 806 (Agency Report of Public Official Appointments) for posting on the City website; and 4) Direct staff to work with CCCE on a revised MOU, if necessary. 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 If you would like to subscribe to receive email or text message notifications when agendas are posted, you can sign up online through the “Notify Me” feature. 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. Page 6 of 301