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Minutes 2024-03-26 �:''` CITY OF Pk •1►. :,'.x! ;4`•,,,''`. ACTION MINUTES cALI1 0RNIA ' f-tze . � REGULAR MEETING OF THE CITY COUNCIL March 26, 2024, 6:00 p.m. Hybrid City Council ChamberNirtual Zoom Meeting 215 East Branch Street,Arroyo Grande Council Members Present: Mayor Ray Russom, Mayor Pro Tem Guthrie, Council Member Barneich, Council Member George, Council Member Secrest Staff Present: Deputy City Clerk Julie Hawkins, City Attorney Isaac Rosen, City Manager Matthew Downing, Assistant City Manager/Public Works Director Bill Robeson, Administrative Services Director Nicole Valentine, Community Development Director Brian Pedrotti This meeting was conducted in a hybrid in-person/virtual format. 1. CALL TO ORDER Mayor Ray Russom called the Regular City Council Meeting to order at 6:00 p.m. 2. ROLL CALL Deputy City Clerk Hawkins took roll call. 3. MOMENT OF REFLECTION 4. FLAG SALUTE Mayor Ray Russom led the flag salute. 5. AGENDA REVIEW City Manager Downing commented on Item 10.a., and pursuant to Administrative Policy A-029, staff recommended continuing the item to a date uncertain. Staff will re-notice and re-hear the item at a public hearing at a later date. Mayor Ray Russom read a statement for the record regarding Item 10.a. and stated that out of an abundance of caution, and at the request of the applicant, she would recuse herself on this item. 1 5.a Closed Session Announcements None. 5.b Ordinances read in title only Moved by Mayor Ray Russom Seconded by Council Member Barneich Move that all ordinances presented at the meeting shall be read by title only and all further readings be waived. Passed (5 to 0) 6. SPECIAL PRESENTATIONS 6.a Honorary Proclamation Declaring the Month of April 2024 as "Month of the Child" and "Child Abuse Prevention Month" Mayor Pro Tem Guthrie read the Honorary Proclamation Declaring the Month of April 2024 as "Month of the Child" and "Child Abuse Prevention Month". Jamie Sanbonmatsu accepted the proclamation. Mayor Ray Russom invited public comment. No public comments were received. No action was taken on this item. 6.b City Manager Communications City Manager Downing provided information regarding the Annual Egg Hunt, and LED lights on the redwood tree at the entrance to the village. Mayor Ray Russom invited public comment. No public comments were received. No action was taken on this item. 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. 7.a MAYOR RAY RUSSOM: 1. California Joint Powers Insurance Authority (CJPIA) 2. Central Coast Blue Regional Recycled Water Authority Board 3. Five Cities Fire Authority 4. San Luis Obispo County Mayor's Meeting 5. South San Luis Obispo County Sanitation District (SSLOCSD) 6. Other 7.b MAYOR PRO TEM GUTHRIE: 2 1. County Water Resources Advisory Committee (WRAC) 2. Council of Governments/Regional Transit Authority/ South County Transit (SLOCOG/SLORTA/SCT) 3. Integrated Waste Management Authority Board (IWMA) 4. REACH Economic Development Roundtable 5. Other 7.c COUNCIL MEMBER BARNEICH: 1. Audit Committee 2. Homeless Services Oversight Council (HSOC) 3. Zone 3 Water Advisory Board 4. Other 7.d COUNCIL MEMBER GEORGE: 1. Five Cities Fire Authority 2. Visit SLO CAL Advisory Board 3. Other 7.e COUNCIL MEMBER SECREST: 1. Air Pollution Control District (APCD) 2. South County Chambers of Commerce Governmental Affairs Committee 3. Other 8. COMMUNITY COMMENTS AND SUGGESTIONS Mayor Ray Russom invited public comment. No 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 Member George pulled Item 9.f. for separate consideration due to her owning an ADU. Mayor Ray Russom invited public comment. No public comments were received. Moved by Council Member Barneich Seconded by Council Member George Approve Consent Agenda Items 9.a. through 9.e., with the exception of item 9.f., with the recommended courses of action. 3 AYES (5): Council Member Barneich, Council Member George, Council Member Secrest, Mayor Pro Tern Guthrie, and Mayor Ray Russom Passed (5 to 0) 9.a Consideration of Cash Disbursement Ratification Ratified the listing of cash disbursements for the period of February 16 through February 29, 2024. 9.b Consideration of Annual Military Equipment Report Per CA 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.c Monthly Water Supply and Demand Update Received and filed the Monthly Water Supply and Demand Update. 9.d Consideration of an Award of Contract to Sancon Technologies, Inc. (Sancon)for Construction of the Highway 101, Linda Drive, and Arroyo Grande Cemetery Easement Sewer Lining Project 1)Awarded a contract for the Highway 101, Linda Drive, and Arroyo Grande Cemetery Easement Sewer Lining Project in the amount of$158,380 approved by the City Manager in consultation with the City Attorney; 2)Authorized the City Manager to approve change orders of up to 10% of the contract amount, $15,838, for unanticipated costs during the construction phase of the Project; 3) Determined 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). 9.e Consideration of a Resolution to Adopt Projects to be Funded by the Road Repair and Accountability Act of 2017 (SBI) For Fiscal Year 2024-25 1)Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 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.) 4 9.f Consideration of Adoption of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code Regarding Accessory Dwelling Units Moved by Council Member Barneich Seconded by Mayor Pro Tern Guthrie 1)Adopted an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL ADOPTING AMENDMENTS TO TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS; LOCATION- CITYWIDE";and 2) Found that the Ordinance is statutorily exempt per Section 15282(h) of the CEQA Guidelines regarding projects involving the adoption of an ordinance regarding second units in a single- family or multi-family residential zone by a city to implement Government Code Section 65852.2. AYES (4): Council Member Barneich, Mayor Pro Tern Guthrie, Council Member Secrest, and Mayor Ray Russom ABSTAINED (1): Council Member George Passed (4 to 0) 10. PUBLIC HEARINGS 10.a Continued Public Hearing to Consider a Resolution Denying the Installation of One (1) Domestic Well on Property Zoned Planned Development(PD); Applicant—Michael Harris; Representative—Richard Burde, SLO Civil Design and Marsha Burch,Attorney at Law Mayor Russom recused herself and left the meeting. Council Member George stated that she lives in close proximity to the proposed project, and recused herself and left the meeting. Mayor Pro Tem Guthrie presided over the meeting. City Manager Downing recommended continuation of the public hearing to a date uncertain. Mayor Pro Tem Guthrie opened the public hearing. Upon hearing no public comments, Mayor Pro Tern Guthrie closed the public hearing. Moved by Council Member Barneich Seconded by Council Member Secrest Closed public hearing and continued matter to a date uncertain. AYES (3): Council Member Barneich, Council Member Secrest, and Mayor Pro Tern Guthrie ABSENT(2): Mayor Ray Russom, and Council Member George Passed (3 to 0) 11. OLD BUSINESS 5 None. 12. NEW BUSINESS Mayor Ray Russom and Council Member George rejoined the meeting. 12.a Consideration of Annual Report and Adoption of Resolution of Intention for Levy of Annual Assessment for the Arroyo Grande Tourism Business Improvement District Mayor Ray Russom and Council Member Barneich declared a conflict of interest due to ownership of a vacation rental, and left the meeting Mayor Pro Tem Guthrie presided over the meeting. Mayor Pro Tern Guthrie called for a brief break at 6:40 p.m. The Council reconvened at 6:46 p.m. City Manager Downing presented the report and responded to questions from Council. Natalie Bovee, Verdin Marketing, provided a presentation of the Annual Report. Mayor Pro Tern Guthrie invited public comment. No public comments were received. Moved by Council Member George Seconded by Council Member Secrest 1) Receive and approve the Annual Report; 2)Adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING ITS INTENTION TO CONTINUE THE ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT, TO CONTINUE THE BASIS FOR AND TO LEVY THE ASSESSMENTS FOR THE DISTRICT, AND TO SETA DATE FOR THE PUBLIC HEARING ON THE DISTRICT AND THE ASSESSMENT FOR THE 2024-25 FISCAL YEAR"; 3) Set the date for a public hearing for April 23, 2024, in accordance with Streets and Highways Code Section 36534; and 4) Determine that approving the annual report and adopting a Resolution of Intention to levy and collect assessments is not 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. AYES (3): Council Member George, Council Member Secrest, and Mayor Pro Tern Guthrie ABSENT(2): Mayor Ray Russom, and Council Member Barneich Passed (3 to 0) 13. COUNCIL COMMUNICATIONS Council Member George provided compliments on the community survey ads and requested analytics if they could be obtained. 6 CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Government Code Section 54956.8: Property: 40Q West Branch Street. Arroyo Grande Agency negotiators: Matthew Downing, City Manager; Bill Robeson, Assistant City Manager/Public Works Director; Isaac Rosen, City Attorney Negotiating parties: - Dev Patel, on behalf of Kamla Hotels -The Housing Authority of San Luis Obispo/People's Self-Help Housing Under negotiation: Price and terms of payment Mayor Ray Russom invited public comment. No public comments were received. The City Council adjourned to Closed Session at 7:36 p.m. The City Council returned to Open Session at 8:23 p.m. City Attorney Rosen announced there was no reportable action. 15. ADJOURNMENT There being no further business to come before the City Council, Mayor Ray Russom adjourned the meeting at 8:24 p.m. 1 Caren Ray kuss9 n, Mayor Jessica Matson, City Clerk 7