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Minutes 2023-04-25 >'`-'::' CITY OF �. 6 , ,0©7 o G1 e .1,),iiiGiiRlitt. , If ACTION MINUTES 1 FGALIFORNIA,.•', 05 K - REGULAR MEETING OF THE CITY COUNCIL April 25, 2023, 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 George, Council Member Guthrie, Council Member Secrest Council Members Absent: Mayor Pro Tern Barneich Staff Present: City Clerk Jessica Matson, City Attorney Isaac Rosen, City Manager Whitney McDonald, Assistant City Manager/Public Works Director Bill Robeson, Recreation Services Director Sheridan Bohlken,Administrative Services Director Nicole Valentine, Five Cities Fire Chief Steve Lieberman 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 5.a Closed Session Announcements None. 5.b Ordinances read in title only ° None. c 1 6. SPECIAL PRESENTATIONS 6.a Honorary Proclamation Declaring May as National Foster Care Month Mayor Ray Russom read the Honorary Proclamation Declaring May as National Foster Care Month. Felipe Gonzalez, Program Review Specialist for Foster Care Support, 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 May 7-13, 2023 as National Travel and Tourism Week Mayor Ray Russom read the Honorary Proclamation Recognizing May 7-13 as National Travel and Tourism Week. Melissa Murray, Project Manager, Destination Management, Visit SLO CAL, and Kathy McCorry, South County Chambers of Commerce, accepted the proclamation. Mayor Ray Russom invited public comment. Speaking from the public was Sean Dasmann, Agrarian Hotel. No further public comments were received. No action was taken on this item. 6.c Honorary Proclamation Declaring May 7-13, 2023 as Public Service Recognition Week Mayor Ray Russom read the Honorary Proclamation Declaring May 7-13, 2023 as Public Service Recognition Week. Tashina Ureno, Human Resources Officer, accepted the proclamation. Mayor Ray Russom invited public comment. No public comments were received. No action was taken on this item. 6.d City Manager Communications City Manager McDonald thanked the community for supporting the We Heart AG event; provided information regarding a public workshop regarding the Halcyon Complete Streets Plan; Recreation Department Mother's Day Tea Party; the new City newsletter; and discussed upcoming items for Council consideration. Mayor Ray Russom invited public comment. Speaking from the public was Alexandria Davis. No further 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 Cost Blue Regional Recycled Water Authority Board 2 3. San Luis Obispo County Mayor's Meeting 4. South San Luis Obispo County Sanitation District(SSLOCSD) 5. Other 7.b MAYOR PRO TEM BARNEICH: 1. Audit Committee 2. Homeless Services Oversight Council (HSOC) 3. Zone 3 Water Advisory Board 4. Other 7.c COUNCIL MEMBER GEORGE: 1. Five Cities Fire Authority 2. Tourism Business Improvement District Advisory Board 3. Visit SLO CAL Advisory Board 4. Other 7.d COUNCIL MEMBER 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 SLO Advisory Commission 5. Other 7.e COUNCIL MEMBER SECREST: 1. Air Pollution Control District (APCD) 2. South County Chambers of Commerce Arroyo Grande Business Meeting 3. South County Chambers of Commerce Governmental Affairs Committee 4. Other 8. COMMUNITY COMMENTS AND SUGGESTIONS Mayor Ray Russom invited public comment. Speaking from the public were Robin Barnes, Dan Pittaway, Central Coast Veterans Museum. No further public comments were received. 9. CONSENT AGENDA 3 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 invited public comment. No public comments were received. Mayor Ray Russom called for a brief break at 6:40 p.m. The Council reconvened at 6:45 p.m. Moved by Council Member Guthrie Seconded by Council Member George Approve Consent Agenda Items 9.a. through 9.g., with the recommended courses of action. AYES (4): Council Member Guthrie, Council Member George, Council Member Secrest, and Mayor Ray Russom ABSENT(1): Mayor Pro Tem Barneich Passed (4 to 0) 9.a Consideration of Cash Disbursement Ratification 1) Ratified the attached listing of cash disbursements for the period of March 16 through March 31, 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 Approval of Minutes Approved the minutes of the Regular City Council Meetings of March 28, 2023 and April 11, 2023, as submitted. 9.c Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the Ongoing Storm Events 1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING A CONTINUED LOCAL EMERGENCY WITHIN THE CITY OF ARROYO GRANDE (MARCH 2023 AND ONGOING STORM EVENTS BEGINNING DECEMBER 27, 2022)". 2) Made findings that adopting the Resolution continuing a local emergency is not a project subject to the California Environmental Quality Act ("CEQA") because the continued declaration 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.d Acceptance of Oak Park Boulevard Drainage Repairs Project PW 2020-04 1)Accepted the project improvements as constructed by Raminha Construction, Inc. in accordance with the plans and specifications for the Oak Park Boulevard Drainage Repairs Project, PW 2020-04; 2) Directed staff to file a Notice of Completion; and 3)Authorize release of 4 retention, thirty-five (35) days after the Notice of Completion has been recorded if no liens have been filed. 9.e Consideration of Approval of an Agreement for Traffic Signal Maintenance with Lee Wilson Electric Company 1)Approved a 2-year agreement with Lee Wilson Electric Company for traffic signal maintenance with the option of two (2) 2-year extensions; and 2) Determined that approving an agreement for traffic signal maintenance is categorically exempt from the California Environmental Quality Act ("CEQA") under the Class 1 exemption, which applies to the repair, maintenance, or minor alteration of existing structures, facilities, mechanical equipment, or topographical features, among others, where the project involves negligible or no expansion of existing or former use(State CEQA Guidelines, § 15301), and further finds that none of the exceptions set forth in State CEQA Guidelines section 15300.2 apply. 9.f Consideration of a Purchase Order for(1) New Air Compressor; and Declaration of PW- 243 - 1989 Air Compressor as Surplus 1)Approved a purchase order for the purchase of a new air compressor and find that the Purchase Order for the specific equipment is unique because of its quality, durability, availability and fitness for the contemplated use; 2) Declared PW-243 - 1989 Air Compressor as surplus; 3) Determine that approving a purchase order for a new air compressor 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.g Monthly Water Supply and Demand Update Received and filed the Monthly Water Supply and Demand Update. 10. PUBLIC HEARINGS None. 11. OLD BUSINESS 11.a Consider a Draft Amended and Restated JPA of the FCFA, Discuss Terms for a Potential Contract for Fire and Emergency Response Services with the OCSD, and Receive and File the FCFA Final Organizational Assessment Report completed by Baker Tilly City Manager McDonald provided a brief background of the report, recommendations for Council consideration, and responded to questions from Council. City Attorney Rosen provided clarification regarding negotiations of the JPA. Mayor Ray Russom invited public comment. No public comments were received. Council comments included support for staffs recommendations regarding the draft Amended and Restated Joint Powers Agreement for the Five Cities Fire Authority as well as contract °I terms for negotiation with Oceano Community Service District for future fire and emergency Y � response service past June 30, 2023. th 5 Moved by Council Member George Seconded by Council Member Guthrie 1)Approve staffs recommendation regarding the draft Amended and Restated Joint Powers Agreement for the Five Cities Fire Authority; 2) Direct staff to look at a 9-month agreement with a month-to-month extension for service between the FCFA and the OCSD for future fire and emergency response service past June 30, 2023; and 3) Receive and file the final report from Baker Tilly providing an organizational assessment of the FCFA. AYES (4): Council Member George, Council Member Guthrie, Council Member Secrest, and Mayor Ray Russom ABSENT(1): Mayor Pro Tem Barneich Passed (4 to 0) 12. NEW BUSINESS 12.a Discussion of Preschool and Child Care Programs Offered through the Recreation Services Department and the Mark M. Millis Community Center Recreation Services Director Bohlken and City Manager McDonald presented the report and staff responded to questions from Council. Mayor Ray Russom invited public comment. Speaking from the public were Stacy Hall, Bernadette Somo, Niccola Nelson, Michael Newsom, Karla Brown, Natalie Lackey, Nick, Chris Clark, Carrie Van Beveren, No Name Provided, Wendy Wendt, Shana Paulson, Jill Fitzgerald, Ashley Gray, Evelyn Brown, Claire Clark,Ashlee Akers, and No Name Provided. City Clerk Matson read into the record written comments received by Jack, Charlie, Maggie,Ashley Beene, Traci Walker,Amy Southcott,Ashley Gray, Rachel Naccarati, Mykel Rangel, and Julie Casey. No further public comments were received. Council discussion ensued regarding childcare capacity, cost for preschool, and before and after school childcare. Council Member George provided a recommendation to continue the preschool program through June 2024. Council discussion ensued regarding facility conditions. Moved by Mayor Ray Russom Seconded by Council Member Guthrie Provided direction to staff to phase out its existing child care programs by the fall of 2023 and to provide a list of childcare providers to current participants. AYES (4): Mayor Ray Russom, Council Member Guthrie, Council Member Secrest, and Council Member George ABSENT(1): Mayor Pro Tem Barneich Passed (4 to 0) 12.b Consideration of Annual Report, Adoption of Resolution of Intention to Levy Annual Assessments for the AGTBID; Consideration of Alternatives for Future of AGTBID 6 Mayor Ray Russom declared of conflict of interest due to being a vacation rental and homestay provider, called for a brief break at 10:10 p.m., and left the meeting. The Council reconvened at 10:15 p.m. Council Member George presided over the meeting. City Manager McDonald presented the report;Ashlee Akers and Natalie Bovee, Verdin Marketing, presented the Annual Report and responded to questions from Council. At 10:50 p.m., Council Member George stated that pursuant to Council policy, the Council must vote unanimously to continue the meeting past 11:00 p.m. Council Member Guthrie moved to continue the meeting to 11:30 p.m. Council Member Secrest seconded the motion, and the motion passed unanimously by voice vote. Council Member George invited public comment. No public comments were received. Council Member George left public comment open. Discussion continued regarding the Resolution of Intention to levy and collect assessments within the Arroyo Grande Tourism Business Improvement District area for Fiscal Year 2023-24, including the possibility of the disestablishment of the AGTBID and winding up of its affairs in accordance with applicable State law. City Attorney Rosen and City Clerk Matson provided clarification regarding the the public hearing process and public noticing. Council discussion ensued around using assessment funds towards host compliance, Destination Management Organizations (DMO)versus TBIDs, and the make-up of the TBID Advisory Board. City Attorney Rosen provided clarification regarding DMOs and TBIDs. Council Member George invited public comment. Speaking from the public was Kathy Cartier, Kathy McCorry, Gaea Powell and Sean Dasmann. No further public comments were received and Council Member George closed public comment. At 11:30 p.m., Council Member Guthrie moved to continue the meeting to 11:45 p.m. Council Member Secrest seconded the motion, and the motion passed unanimously by voice vote. Council discussion included support for changing the make-up of the Advisory Board to a 5- member Board, appointed individually by City Council members, consistent with other City advisory bodies. City Manager McDonald commented that updated Board Bylaws and a discussion of administration of the AGTBID Board will be brought to Council for consideration on May 23, 2023. Moved by Council Member George Seconded by Council Member Secrest Receive and Approve the Annual Report AYES (3): Council Member George, Council Member Secrest, and Council Member Guthrie ABSENT(2): Mayor Ray Russom, and Mayor Pro Tem Barneich Passed (3 to 0) 7 Moved by Council Member Guthrie Seconded by Council Member Secrest 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 2023-24 FISCAL YEAR"; set a public hearing date of May 23, 2023; and direct staff to place proposed updated TBID Board Bylaws and consideration of transitioning the administration of the AGTBID to City staff on the May 23, 2023 City Council Agenda. AYES (3): Council Member Guthrie, Council Member Secrest, and Council Member George ABSENT(2): Mayor Ray Russom, and Mayor Pro Tern Barneich Passed (3 to 0) 13. COUNCIL COMMUNICATIONS Council Member Guthrie requested that the Council consider directing staff to agendize a discussion regarding IWMA direction. Council Member George concurred. 14. ADJOURNMENT There being no further business to come before the City Council, Council Member George adjourned the meeting at 11:41 p.m. AtiC Caren Rg1'ussom, Mayor ATTEST: 4111 . Jessica Matson, City Clerk 8