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CC 2024-02-27_09d Approval of Minutes_2-13-24 1 Item 9.d. ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL February 13, 2024, 6:00 p.m. Hybrid City Council Chamber/Virtual Zoom Meeting 215 East Branch Street, Arroyo Grande Council Members Present: Mayor Ray Russom, Council Member Barneich, Council Member George, Mayor Pro Tem Guthrie, 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; Planning Manager Andrew Perez; City Engineer Shannon Sweeney; City Clerk Jessica Matson 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 Members of the Arroyo Grande Valley Kiwanis Club led the flag salute. 5. AGENDA REVIEW Mayor Pro Tem Guthrie requested, and Council concurred, to move Item 12.a. before Item 10.a. on the Agenda. 5.a Closed Session Announcements None. Page 52 of 299 2 Item 9.d. 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. AYES (5): Mayor Ray Russom, Council Member Barneich, Council Member George, Mayor Pro Tem Guthrie, and Council Member Secrest Passed (5 to 0) 6. SPECIAL PRESENTATIONS 6.a Honorary Proclamation Recognizing February 2024 as Teen Dating Violence Action and Prevention Month Mayor Ray Russom read the Honorary Proclamation Recognizing February 2024 as Teen Dating Violence Action and Prevention Month. Callie Tennock and Molly Gurrola, Lumina Alliance, accepted the proclamation. Mayor Ray Russom invited public comment. No public comments were received. No action was taken on this item. 6.b Honorary Proclamation Recognizing Fire Chief Stephen Lieberman Upon His Retirement from Public Service Mayor Ray Russom read the Honorary Proclamation Recognizing Fire Chief Stephen Lieberman Upon His Retirement from Public Service. FCFA Chief Lieberman, accepted the proclamation. Mayor Ray Russom invited public comment. Speaking from the public was Keith Storton. No further public comments were received. Council thanked Chief Lieberman for his service. No action was taken on this item. 6.c City Manager Communications City Manager Downing provided information regarding the public safety camera project, FCFA promotion of Craig Angello to Battalion Chief; volunteer appreciation event which had over 100 attendees; Meet the Machines event scheduled for February 24th at Soto Complex; visioning workshop for General Plan Update which is scheduled for February 28th; release of the winter edition of the City Newsletter; and mailer with survey questions which will be sent to the community. Mayor Ray Russom invited public comment. No public comments were received. Page 53 of 299 3 Item 9.d. No action was taken on this item. 6.c.1 Recent Storm Conditions and Updates Assistant City Manager/Public Works Director Robeson provided a presentation regarding City staff's response to recent storms and shared information regarding upcoming storms. 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 Alexandria, Gary Schmidt, and Keith Storton. No further public comments were received. Assistant City Manager/Public Works Director Robeson responded to questions from the public. 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. Mayor Ray Russom requested Item 9.c. be pulled for separate vote. Mayor Ray Russom invited public comment. Speaking from the public was Alexandria. No further public comments were received. City Manager Downing provided a brief overview of the Downtown Parking Advisory Board function. Moved by Council Member Barneich Seconded by Council Member George Approve Consent Agenda Items 9.a. through 9.g., with the exception of Item 9.c. with the recommended courses of action. AYES (5): Council Member Barneich, Council Member George, Council Member Secrest, Mayor Pro Tem Guthrie, 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 January 1 through January 15, 2024; and 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. (c)(2)-(3), 15378.) Page 54 of 299 4 Item 9.d. 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 December 31, 2023, as required by Government Code Section 53646(b); and 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. (c)(2)-(3), 15378.) 9.d Consideration of Appointment to the Downtown Parking Advisory Board Approved the recommendation of Mayor Pro Tem Guthrie to appoint Kevin Delaney to the Downtown Parking Advisory Board. 9.e Consideration of Approval of Amendment 1 to the Regional Surface Transportation (RSTP) Exchange/Surface Transportation Block Grant (STBG) Cooperative Agreement AG – FAST – 01 with the San Luis Obispo Council of Governments 1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT 1 TO SAN LUIS OBISPO COUNCIL OF GOVERNMENTS REGIONAL SURFACE TRANSPORTATION EXCHANGE / SURFACE TRANSPORTATION BLOCK GRANT COOPERATIVE AGREEMENT NO. AG-FAST-01"; 2) Directed the City Clerk to submit the RSTP Exchange/STBG Cooperative Agreement Amendment 1 to No. AG-FAST-01 and the Resolution to the San Luis Obispo Council of Governments; and 3) Found that approving this 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 reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378). 9.f Consideration of Final Approval of Community Development Block Grant Projects for Year 2024 and Finding the Action Exempt Under the California Environmental Quality Act, State Guidelines Section 15061 1) Approved a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE RECOMMENDING TO THE COUNTY BOARD OF SUPERVISORS APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECTS FOR YEAR 2024"; and 2) Found that the preliminary approval of projects is exempt from CEQA, pursuant to CEQA Guidelines Section 15061 subd. (b)(3). 9.g Consideration of Rejection of All Bids for the Five Cities Fire Authority (FCFA) Apparatus Door Replacement Project, PW 2023-11 Rejected all Bids for the FCFA Apparatus Door Replacement Project and direct staff to competitively rebid this project. Page 55 of 299 5 Item 9.d. 9.c Approval of Minutes Moved by Council Member Barneich Seconded by Council Member Secrest Approved the minutes of the Regular City Council Meeting of January 23, 2024, as submitted. AYES (3): Council Member Barneich, Council Member Secrest, and Mayor Pro Tem Guthrie ABSTAINED (2): Mayor Ray Russom, and Council Member George Passed (3 to 0) 10. PUBLIC HEARINGS 10.a Hold Public Hearings, Consider Adopting a Resolution Updating the Development Impact Fee Schedule & Consider the 2024 Development Impact Fee Nexus Study, & Introduction of an Ordinance Amending Chapter 3.36 of the AGMC, Development Impact Fees This item was heard after Item 12.a. Administrative Services Director Valentine introduced the item and Carlos Villarreal, Wildan Financial Services, provided a presentation of the 2024 Development Impact Fee Nexus Study Update and responded to questions from Council. Mayor Ray Russom opened the public hearing. Upon hearing no public comments, Mayor Ray Russom closed the public hearing. Moved by Mayor Pro Tem Guthrie Seconded by Council Member George 1) Hold a Public Hearing and Adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING DEVELOPMENT IMPACT FEES FOR ALL NEW DEVELOPMENT WITHIN THE CITY AND TAKING OTHER ACTIONS THERETO"; 2) Receive and file the 2024 Development Impact Fee Nexus Study Update; 3) Hold a Public Hearing and Introduce an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING SECTION 3.36.030 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING DEVELOPMENT IMPACT FEES AND FINDING THE ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT"; 4) Make findings that adopting the Resolution updating Development Impact fees and introducing the proposed Ordinance are not projects subject to the California Environmental Quality Act (“CEQA”) because they have 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.). Page 56 of 299 6 Item 9.d. AYES (5): Mayor Pro Tem Guthrie, Council Member George, Council Member Barneich, Council Member Secrest, and Mayor Ray Russom Passed (5 to 0) 10.b Introduction of an Ordinance Amending Section 16.04.070 of Chapter 4 of Title 16 of the Arroyo Grande Municipal Code Regarding the Definition of Formula Business and Finding That This Action is Exempt from Review Under the CEQA Community Development Director Pedrotti presented the item and recommended that the Council introduce, read by title only, and waive further reading of an Ordinance amending Section 16.04.070 of the Arroyo Grande Municipal Code regarding the definition of a Formula Business and finding the Ordinance exempt from the California Environmental Quality Act (CEQA) because the Ordinance 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). Community Development Director Pedrotti and City Manager Downing responded to questions from Council. Mayor Ray Russom opened the public hearing. Speaking from the public were Alexandria, and Jared Worthen. Upon hearing no further public comments, Mayor Ray Russom closed the public hearing. Community Development Director Pedrotti responded to questions from public comment. Moved by Mayor Ray Russom Seconded by Council Member Secrest Introduce an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING SECTION 16.04.070 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING THE DEFINITION OF FORMULA BUSINESS AND FINDING THE ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT"; and directed staff to use Council comments from this meeting in later discussions of the General Plan Update, as it relates to the coloring of the legend of the Village core downtown and Village mixed use. AYES (5): Mayor Ray Russom, Council Member Secrest, Council Member Barneich, Council Member George, and Mayor Pro Tem Guthrie Passed (5 to 0) 11. OLD BUSINESS None. 12. NEW BUSINESS 12.a Consideration of a Resolution Approving Arroyo Grande Community Service Grant Program Allocations for Fiscal Year 2023-24 and Finding This Action Is Not a Project Under the CEQA, State Guidelines Section 15378 Page 57 of 299 7 Item 9.d. This item was heard out of order. Council Member George recused herself due to owning a nonprofit that applied for funding. Planning Manager Perez presented the item and recommended that Council: 1) Adopt a Resolution approving the Arroyo Grande Community Service Grant Program funding allocations identified in Attachment 1; and 2) Determine that adopting the Resolution 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.). Mr. Perez and Assistant City Manager/Public Works Director Robeson responded to questions from Council. Mayor Ray Russom invited public comment. Speaking from the public were Athena Meisheid, Mary Bassett Fernamberg, Ramona Friedman, Nan Bowman, and Cody George. No further public comments were received. Mary Bassett Fernamberg and Cody responded to questions from Council. Council discussion ensued regarding reallocation of funding among the applicants. Council Member Barneich moved to fully fund the athletic scholarships, but move funds from the two athletic programs including $4,000 to the Senior Nutrition Program; move $1,000 to Hospice; and move $1,000 to Shower the People. The motion died due to lack of a second. Mayor Ray Russom called for a brief break at 7:40 p.m. The Council reconvened at 7:47 p.m. Moved by Mayor Pro Tem Guthrie Seconded by Council Member Secrest 1) Adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING ARROYO GRANDE COMMUNITY SERVICE GRANT PROGRAM PROJECTS FOR FISCAL YEAR 2023-24"; as amended to remove $1,000 from the suggested funded amount for the AG Valley Little League and $1,000 from the Central Coast Athletics Foundation and add $2,000 to the funding for Senior Nutrition Program/Meals that Connect increasing their recommended funding to $8,000; and 2) Determine that adopting the Resolution 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.) AYES (4): Mayor Pro Tem Guthrie, Council Member Secrest, Council Member Barneich, and Mayor Ray Russom ABSENT (1): Council Member George Passed (4 to 0) Page 58 of 299 8 Item 9.d. 13. COUNCIL COMMUNICATIONS Council Member Secrest attended and commented on the Lions Club Speech Contest, Volunteer Appreciation Banquet, and expressed appreciation to staff for their response during the recent storms. Mayor Pro Tem Guthrie commented on a regional update from the CPUC regarding a public forum related to AT&T wanting to withdraw land line service from 93420 area code. Council Member George commented on a recent vehicle accident and commended emergency response personnel for their help aiding in the rescue. Council Member Barneich announced that the 5Cities Homeless Coalition will be hosting an open house at their permanent location; and expressed appreciation to emergency response personnel on their help during the recent storm. Mayor Ray Russom expressed appreciation to staff for their response during the recent storm. 14. CLOSED SESSION City Attorney Rosen announced the City Council will recess to a closed session for the following: a) CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8: Property: 214 East Branch Street Agency Negotiators: Matthew Downing, City Manager; Bill Robeson, Assistant City Manager/Public Works Director Mayor Ray Russom invited public comment. No public comments were received. City Council adjourned to Closed Session at 9:09 p.m. City Council returned to open session at 9:53 p.m. and City Attorney Rosen announced that 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 9:54 p.m. _________________________ Caren Ray Russom, Mayor _________________________ Jessica Matson, City Clerk Page 59 of 299