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CC 2024-04-09_09e Approval of Minutes Item 9.e. 1 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL March 12, 2024, 6:00 p.m. Hybrid City Council Chamber/Virtual 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: City Clerk Jessica Matson, 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, City Engineer Shannon Sweeney, Planning Manager Andrew Perez 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 City Clerk Matson took roll call. 3. MOMENT OF REFLECTION 4. FLAG SALUTE Mayor Ray Russom led the flag salute. 5. AGENDA REVIEW Council concurred to move Item 10.a. to be heard after Item 12.b. and to move Item 13 to be heard after Item 9. 5.a Closed Session Announcements Item 9.e. 2 The City Attorney announced that there was no reportable action from the following meeting: February 27, 2024 a) CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8: Real Property under negotiation along Traffic Way, including the following addresses and negotiating parties: 1. APN 006-311-056: Ben Dohi TRE ETAL 2. APN 007-481-009: Romel & Mercedes Fernandez 3. APN 007-481-008: Dan Frietas Rentals 3 LP a CA LP 4. APN 007-482-026: Mes Hansen 5. APN 007-481-011: Raffi M. Kaloosian 6. APN 007-482-018: Coyote Real Estate Corporation 7. APN 007-482-020: Coyote Real Estate Corporation 8. APN 007-482-006: Lan Vest Limited, Pacific Group Fuel LLC 9. APN 007-481-007: Pearl Cole I Family Trust 10. APN 006-311-067: Adam H. Saruwatari TRE ETAL Agency Negotiators: Matthew Downing, City Manager; Bill Robeson, Assistant City Manager/Public Works Director Under Negotiation: Price and Terms of Payment 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 Introduction of Employee – FCFA Battalion Chief Craig Angello Interim FCFA Chief Aggson introduced Battalion Chief Craig Angello and highlighted his educational and professional background. 6.b Introduction and Oath of Office – Police Officer Timothy Wilson Item 9.e. 3 Police Chief Martinez introduced Officer Timothy Wilson, and highlighted his educational and professional background. City Clerk Matson administered the Oath of Office. 6.c SLOCOG Presentation on Countywide Self-Help Measure City Manager Downing introduced James Worthley, SLOCOG Deputy Director, who provided a presentation regarding a Countywide Self -Help Measure and responded to questions from Council. 6.d City Manager Communications City Manager Downing provided information regarding his participation in a ride along with the Police Department; interviews for the FCFA Chief; a new fire tiller truck; Chief Martinez participated in the Mobile Crisis Working Group; and almost 700 responses to the City survey have already been received. 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 were Patty Welsh, Gary Schmidt, Conrad Bedsted, Gaea Powell (for Mike Harris), No Name Provided, and Ethel Landers. No further public comments were received. City Manager Downing responded to questions from the public. City Attorney Rosen stated that the Verizon Wireless Appeal is delayed to at least June 11, 2024. City Attorney Rosen stated that the public hearing item regarding a domestic well on Noyes Road will be reopened and considered at the March 26, 2024 City Council meeting. 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. There were none. Mayor Ray Russom invited public comment. No public comments were received. Moved by Council Member Barneich Seconded by Mayor Pro Tem Guthrie Approve Consent Agenda Items 9.a. through 9.e., with the recommended courses of action. Item 9.e. 4 AYES (5): Council Member Barneich, Mayor Pro Tem Guthrie, Council Member George, Council Member Secrest, 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 1 through February 15, 2024. 9.b Consideration of Statement of Investment Deposits Received and filed the report listing investment deposits of the City of Arroyo Grande as of January 31, 2024, as required by Government Code Section 53646(b). 9.c Approval of Minutes Approved the minutes of the Regular City Council Meeting of February 27, 2024, as submitted. 9.d Consideration of Acceptance of the 191 Tally Ho Road Frontage Improvements Project, PW 2023-09 1) Accepted the project improvements as constructed by JJ Fisher Construction, Inc. in accordance with the plans and specifications for the 191 Tally Ho Road Frontage Improvements Project, PW 2023-09; 2) Directed staff to file a Notice of Completion; and 3) Authorized release of retention, thirty-five (35) days after the Notice of Completion has been recorded if no liens have been filed. 9.e 2023 General Plan Annual Progress Report 1) Reviewed and accept the 2023 General Plan Annual Report (the “Annual Report” or “Report”) and direct staff to forward the Report to the Governor’s Office of Planning and Research and the Department of Housing and Community Development; and 2) Found that the request is not a project as defined by the California Environmental Quality Act pursuant to State CEQA Guidelines section 15378(b)(5). 10. PUBLIC HEARINGS 10.a Public Hearing to Consider Introduction of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code Regarding Accessory Dwelling Units This item was heard out of order. Mayor Ray Russom and Council Member George declared a conflict of interest due to ownership of an ADU and left the meeting. Mayor Pro Tem Guthrie presided over the meeting. Planning Manager Perez presented the staff report and responded to questions from Council. Item 9.e. 5 Mayor Pro Tem Guthrie opened the public hearing. Upon hearing no public comments, Mayor Pro Tem Guthrie closed the public hearing. Moved by Council Member Barneich Seconded by Mayor Pro Tem Guthrie 1) Introduce an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL ADOPTING AMENDMENTS TO TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE (AGMC) REGARDING ACCESSORY DWELLING UNITS"; and 2) Determine that the Ordinance amendment 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 (3): Council Member Barneich, Mayor Pro Tem Guthrie, and Council Member Secrest ABSENT (2): Mayor Ray Russom, and Council Member George Passed (3 to 0) 11. OLD BUSINESS None. 12. NEW BUSINESS 12.a Conceptual Village Wayfinding and Parking Signage Program This item was heard after Item 13. Assistant City Manager/Public Works Director introduced the Item. City Engineer Sweeney presented the staff report and responded to questions from Council. Mayor Ray Russom called for a brief break at 7:30 p.m. The Council reconvened at 7:35 p.m. Mayor Ray Russom invited public comment. Speaking from the public was Alexandria, and Rhonda O'Dell. No further public comments were received. Mayor Ray Russom stated that written comments from Ms. O'Dell were distributed shortly before the Council meeting. Council discussion ensued regarding design and placement of parking signs as well as color and design consistency throughout the city. City Manager Downing providing a summary of Council comments which included modifying the sign in front of the large redwood tree at the entrance to the Village; redesigning the parking signs to include a rectangular sign with an arrow and the words "parking;" reducing sign clutter; adding a sign in Olohan Alley to alert pedestrians of location of restrooms; orienting parking signs to direct drivers to the North side of the Village; and evaluating the monument sign at the Car Corral. No action was taken on this item. Item 9.e. 6 12.b Study Session on Revisions to Public Art Guidelines, Public Art Donation Program, and Arroyo Grande Municipal Code Relating to Murals Community Development Director Pedrotti presented the item and responded to questions from Council. City Attorney Rosen clarified objectivity in the guidelines. Mayor Ray Russom invited public comment. Speaking from the public was Nan Bowman, Jill Von Berg, Shirley Horacek. No further public comments were received. Staff responded to questions from the public. Council discussion ensued regarding public noticing of public art projects, the application process, an appeal process, and the review of public art applications by the Architectural Review Committee. City Attorney Rosen clarified regarding the appeal process and public noticing on the City Council Consent Agenda. City Manager Downing commented on public noticing requirements and identifying a process for notifying the City Council of potential projects and stated that the guidelines will come back to Council to consider an Ordinance amendment. No action was taken on this item. 13. COUNCIL COMMUNICATIONS This item was considered after Item 9. There were no Council communications. 14. ADJOURNMENT There being no further business to come before the City Council, Mayor Pro Tem Guthrie adjourned the meeting at 10:06 p.m. _________________________ Caren Ray Russom, Mayor _________________________ Jessica Matson, City Clerk Item 9.e. 1 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL March 26, 2024, 6:00 p.m. Hybrid City Council Chamber/Virtual 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. Item 9.e. 2 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. 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 Item 9.e. 3 5. South San Luis Obispo County Sanitation District (SSLOCSD) 6. Other 7.b MAYOR PRO TEM GUTHRIE: 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. Item 9.e. 4 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. AYES (5): Council Member Barneich, Council Member George, Council Member Secrest, Mayor Pro Tem 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 (SB1) 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"; Item 9.e. 5 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.) 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 Tem 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 Tem 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 Tem Guthrie closed the public hearing. Moved by Council Member Barneich Seconded by Council Member Secrest Item 9.e. 6 Closed public hearing and continued matter to a date uncertain. AYES (3): Council Member Barneich, Council Member Secrest, and Mayor Pro Tem Guthrie ABSENT (2): Mayor Ray Russom, and Council Member George Passed (3 to 0) 11. OLD BUSINESS 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 Tem 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 Tem 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 SET A 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. Item 9.e. 7 AYES (3): Council Member George, Council Member Secrest, and Mayor Pro Tem 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. Council Member Secrest requested that the Council consider directing staff to agendize a discussion of authorizing a community flag to be flown during National Military Appreciation Month. Council Member George concurred. 14. CLOSED SESSION City Attorney Rosen announced that the City Council will recess to a closed session for the following: CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Government Code Section 54956.8: Property: 400 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. Item 9.e. 8 _________________________ Caren Ray Russom, Mayor _________________________ Jessica Matson, City Clerk