ACTION MINUTES

REGULAR MEETING OF THE CITY COUNCIL

Tuesday, April 23, 2024 at 6:00 P.m. - 9:00 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, 
• and Council Member Secrest 

Staff Present:

• Assistant City Manager/Public Works Director Bill Robeson, 
• Administrative Services Director Nicole Valentine, 
• City Clerk Jessica Matson, 
• Deputy City Clerk Julie Hawkins, 
• and City Manager Matthew Downing 

This meeting was conducted in a hybrid in-person/virtual format. 

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1.

CALL TO ORDER

Mayor Ray Russom called the Regular City Council Meeting to order at 6:05 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 hear Item 10a after Item 12.b.; and to hear Item 13 before Item 8.

5.a

Closed Session Announcements

None.

5.b

Ordinances read in title only

None.

6.

SPECIAL PRESENTATIONS

6.a

Honorary Proclamation Declaring May 2024 as "Asian American and Native Hawaiian/Pacific Islander Heritage Month"

Mayor Ray Russom read the Honorary Proclamation Declaring May 2024 as "Asian American and Native Hawaiian/Pacific Islander Heritage Month".  Kathy Mink, Diversity Coalition, accepted the proclamation.

No action was taken on this item.

6.b

Honorary Proclamation Declaring May 2024 as "Mental Health Awareness Month"

Mayor Ray Russom read the Honorary Proclamation Declaring May 2024 as "Mental Health Awareness Month". Jeannine Simon, accepted the proclamation.

No action was taken on this item.

6.c

Honorary Proclamation Declaring May 5-11, 2024 as "Public Service Appreciation Week"

Mayor Ray Russom read the Honorary Proclamation Declaring May 5-11, 2024 as "Public Service Appreciation Week". City Manager Matthew Downing, accepted the proclamation.

No action was taken on this item.

6.d

City Manager Communications

City Manager Downing provided department updates including the pavement protective slurry seal project, Traffic Way Bridge Replacement Project community meetings, construction for Swinging Bridge Rehabilitation Project timeline; workshops for ADUs, and stated that the newly appointed FCFA Chief Scott Hallett will begin his employment on April 29th.

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:

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.  Speaking from the public were Gaea Powell, Michael Punzelon, No Name Provided, Ashley, No Name Provided, Alexandria, Glenn Miller, and Brenton Tarrant. City Attorney Rosen made a statement to virtual public commenters that public comment needs to be within the purview of City business and if a speaker engages in irrelevant speech, meaning speech not on the topic of the specific item or speech that doesn't fall within City business, including hate speech, the speaker will be given one warning. If the irrelevant speech continues, the speaker's permission to speak will be removed.

Public comment continued with Brenton Tarrant. 

Mayor Ray Russom suspended public comment to be heard at the end of the 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.  

Mayor Ray Russom pulled Item 9.d. for separate consideration.

Mayor Ray Russom invited public comment. No public comments were received.

• Moved by Council Member Barneich
  Seconded by Council Member Secrest

  Approve Consent Agenda Items 9.a. through 9.f., with the exception of Item 9.d., with the recommended courses of action.

  AYES (5)

  Mayor Ray Russom, Council Member Barneich, Council Member George, Council Member Secrest, and Mayor Pro Tem Guthrie

  Passed (5 to 0)

9.a

Consideration of Cash Disbursement Ratification

• Ratified the listing of cash disbursements for the period of March 16 through March 31, 2024.

9.b

Approval of Minutes

• Approved the minutes of the Regular City Council Meeting of April 9, 2024, as submitted.

9.c

Consideration of Cancellation of July 9, 2024 City Council Meeting

• Cancelled the regularly scheduled City Council meeting of July 9, 2024.

9.e

Monthly Water Supply and Demand Update

• Received and filed the Monthly Water Supply and Demand Update.

9.f

Consideration of Acceptance of the 2022 Concrete Repair Project, PW 2022-07

• 1) Accepted the project improvements as constructed by JJ Fisher Construction, Inc. in accordance with the plans and specifications for the 2022 Concrete Repair Project, PW 2022-07;

  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.d

Review and Adoption of a Resolution Authorizing the Recurring Annual Display of Specified Commemorative Flags at City Hall and Heritage Square Park

Mayor Ray Russom invited public comment. City Attorney Rosen reminded speakers about keeping public comment within the purview of City business. Speaking from the public were Jules, Yvonne Kendall, Milo, No Name Provided, Steve, Gene Quail, Kara Woodruff, Adam Passion, Gina Whitaker, Jeanine Santos, Ashley, Chris Bersbach, No Name Provided, Kimberly, Shannon, Dave Pomeroy, Patty Welsh, Julia Vogue, Patrick, Alexandria, Ren Leonard, Heather Bonner, Bob Miller, Karen Miller, Eli Osborne, Nate McDonald, Vita Miller, Dave, Lilly Norcross, No Name Provided, Jamie, J-Bird, Jason, Anthony Page, Ace Scorcilia, Dusty Collier-Worth, Arlen, Gaea Powell, and Scott Thompson.

Mayor Ray Russom called for a brief break at 8:04 p.m. The Council reconvened at 8:11 p.m.

Public comment continued after the break. Speaking from the public were Greg Dutson, Gabe Stutman, Danika Cornejo, Sadie Envird, Roman Chadwell, Judy Stroyer. City Attorney Rosen made a statement to virtual public commenters that public comment needs to be within the purview of City business and if a speaker engages in irrelevant speech, meaning speech not on the topic of the specific item or speech that doesn't fall within City business, including hate speech, the speaker will be given one warning. If the irrelevant speech continues, the speaker's permission to speak will be removed.

Mayor Ray Russom commented on hate speech and read a statement into the record. 

Public comment continued. Speaking from the public was Levi, Fred Leuchter, Lisa Jouette, Liz Worthen, No Name Provided, No Name Provided, and Brenton Tarrant.  City Attorney Rosen gave warnings regarding public comment speech. No further public comments were received.

Council discussion ensued.

• Moved by Council Member Barneich
  Seconded by Council Member Secrest

  Adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA AUTHORIZING THE RECURRING ANNUAL DISPLAY OF SPECIFIED COMMEMORATIVE FLAGS AT CITY HALL AND HERITAGE SQUARE PARK"

  AYES (5)

  Mayor Ray Russom, Council Member Barneich, Council Member George, Council Member Secrest, and Mayor Pro Tem Guthrie

  Passed (5 to 0)

10.

PUBLIC HEARINGS

10.a

Public Hearing to Consider Adoption of Resolutions Levying an Annual Assessment for the Arroyo Grande Tourism Business Improvement District (AGTBID) and Approving the AGTBID Budget for FY 2024-25

This item was heard after Item 12.b.

Council Member Barneich recused herself due to ownership of a short term rental and left the meeting.

Mayor Ray Russom recused herself due to ownership of a short term rental and left the meeting.

Mayor Pro Tem Guthrie presided over the meeting.

Recreation Services Director Bohlken presented the report and responded to questions from Council.

Mayor Pro Tem Guthrie opened the public hearing.  Speaking from the public were Jared Worthen, and Sean Dasmann.  Upon hearing no further public comments, Mayor Pro Tem Guthrie closed the public hearing. City Clerk Matson announced that one protest was received, but that it did not constitute 50% of the assessment and therefore a valid protest did not exist.

Council discussion ensued regarding the budget amount proposed for event sponsorships.

• Moved by Council Member George
  Seconded by Mayor Pro Tem Guthrie

  Adopt a Resolution: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE LEVYING AN ANNUAL ASSESSMENT FOR THE ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT FOR THE 2024-25 FISCAL YEAR;" adopt a Resolution: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING THE FISCAL YEAR 2024-25 BUDGET FOR THE ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT" with the modification to reduce the event sponsorships to $50,000; and Determine that conducting a public hearing to adopt a Resolution to levy and collect assessments and adopting a Resolution to approve the AGTBID operating budget 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, §§ 15061, subd. (b)(2)-(3), 15378.). 

  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)

10.b

Public Hearing to Consider a Resolution of Necessity for Acquisition by Eminent Domain of Temporary Construction Easement Interests in Certain Real Property for the Traffic Way Bridge Replacement Project

This item was heard after the Consent Agenda.

City Engineer Sweeney presented the staff report.

City Clerk Matson announced that notices were sent to all five property owners and an affidavit of mailing was completed; and announced that no protests were received.

Lillian Jewell, Right-of-Way Consultant, responded to questions from Council.

Mayor Ray Russom opened the public hearing. Speaking from the public was Alexandria and Mary Phagan. City Attorney Rosen made a statement to the virtual public commenter that public comment needs to be within the purview of City business and if a speaker engages in irrelevant speech, meaning speech not on the topic of the specific item or speech that doesn't fall within City business, including hate speech, the speaker will be given one warning. If the irrelevant speech continues, the speaker's permission to speak will be removed. Public comment continued with Mary Phagan. Upon hearing no further public comments, Mayor Ray Russom closed the public hearing. 

• Moved by Council Member Barneich
  Seconded by Council Member George

  Adopt a Resolution entitled: "RESOLUTION OF NECESSITY OF THE CITY OF ARROYO GRANDE FOR THE ACQUISITION BY EMINENT DOMAIN, IF NECESSARY, OF TEMPORARY CONSTRUCTION EASEMENT INTERESTS IN PORTIONS OF CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO’S. 007-482-006, 007-481-011, 007-482-026, 006-311-056 AND 006-311-067, FOR THE TRAFFIC WAY BRIDGE PROJECT, IN ARROYO GRANDE, CALIFORNIA; AND FINDING THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166 AND STATE CEQA GUIDELINES SECTION 15162".

  AYES (5)

  Mayor Ray Russom, Council Member Barneich, Council Member George, Council Member Secrest, and Mayor Pro Tem Guthrie

  Passed (5 to 0)

11.

OLD BUSINESS

None.

12.

NEW BUSINESS

12.a

Consideration of the 5-Year Capital Improvement Program Budget and 5-Year Measure O 2006 Sales Tax Fund Expenditure Program

Administrative Services Director Valentine and Assistant City Manager/Public Works Director Robeson presented the report and responded to questions from Council.

Mayor Ray Russom invited public comment. No public comments were received.

• Moved by Mayor Pro Tem Guthrie
  Seconded by Council Member Barneich

  Direct staff to proceed with the 5-Year CIP Budget and the expenditures funded by the 5-Year Measure O 2006 Sales Tax Fund Expenditure Program.

  AYES (5)

  Mayor Ray Russom, Council Member Barneich, Council Member George, Council Member Secrest, and Mayor Pro Tem Guthrie

  Passed (5 to 0)

12.b

Consider Results of Community Survey for a Potential Future Revenue Measure

City Manager Downing presented the report and responded to questions from Council.

Mayor Ray Russom invited public comment. Speaking from the public was Alexandria. No further public comments were received.

No action was taken. This item was received and filed.

13.

COUNCIL COMMUNICATIONS

This item was heard after Item 7.

None.

14.

ADJOURNMENT

Mayor Pro Tem Guthrie returned to Item 8 Community Comments and Suggestions and asked if there were any further public comments. Upon hearing none, Mayor Pro Tem Guthrie closed public comment.

There being no further business to come before the City Council, Mayor Pro Tem Guthrie adjourned the meeting at 10:27 p.m.