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CC 2020-05-26_08e Approval of CC Minutes_April and May 2020 ACTION MINUTES SPECIAL MEETING OF THE CITY COUNCIL/SUCCESSOR AGENCY TO THE DISSOLVED ARROYO GRANDE REDEVELOPMENT AGENCY THURSDAY, APRIL 23, 2020 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA In compliance with the State and County Shelter at Home Orders due to the coronavirus pan- demic, and as allowed by the Governor’s Executive Order N-29-20, which allows for a deviation of teleconference rules required by the Ralph M. Brown Act, this meeting was held by teleconfer- ence. 1. CALL TO ORDER Mayor/Chair Ray Russom called the Special City Council Meeting to order at 3:30 p.m. via teleconference. 2. ROLL CALL Council/Board Members Lan George, Jimmy Paulding, Kristen Barneich, Mayor Pro Tem/Vice Chair Keith Storton, and Mayor/Chair Ray Russom were present via teleconference. Staff members present via teleconference were City Manager James Bergman and City Attorney Timothy Carmel. City Clerk Kelly Wetmore and Information Technology Manager Walt Cuzick were present in the Council Chambers. 3. FLAG SALUTE Mayor/Chair Ray Russom led the flag salute. 4. PUBLIC COMMENT None. 5. CITY COUNCIL CLOSED SESSION a) Threat to Public Services or Facilities pursuant to Government Code Section 54957: Consultation with: Emergency Services Director/City Manager, City Attorney b) Conference with Real Property Negotiators pursuant to Government Code Section 54956.8: Property: 400 Old Ranch Road (corner of W. Branch Street); APN 007- 011-056 Agency Negotiators: James Bergman, City Manager Negotiating Parties: Kamla Hotels Inc. Under Negotiation: Price and terms of payment c) Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Agency Designated Representative: James Bergman, City Manager Employee Organization: Arroyo Grande Police Officers’ Association (AGPOA) Item 8.e. - Page 1 Minutes of City Council/Successor Agency Special Meeting April 23, 2020 Page 2 Successor Agency d) Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: Property: APN: 006-151-027; Located at Faeh Avenue and El Camino Real Agency Negotiators: James Bergman, City Manager Negotiating Parties: ELA Foods, Inc. Under Negotiation: Price and terms of payment The Council reconvened to open session at 9:28 p.m. City Attorney Carmel announced the following: a) The Council discussed the threat that COVID-19 poses to some public services with the Emergency Services Director and City Attorney. b) The Council continued to negotiate the terms of the potential sale of the real property located at 400 Old Ranch Rd. in Arroyo Grande with Kamla Hotels. c) The Council came to a tentative agreement with the Arroyo Grande Police Officers Association regarding a Memorandum of Understanding, but it is not final and will most likely be on the next regular meeting agenda for ratification. d) The Successor Agency to the Dissolved Arroyo Grande Redevelopment Agency extended to December 31, 2020, the time to perform under section 9.1(e) regarding governmental approvals, of the Purchase and Sale Agreement with ELA Foods for the real property located at 727 El Camino Real, Arroyo Grande. He stated that this report would also be made at the beginning of the next City Council meeting as this meeting is not recorded or videotaped. 7. ADJOURNMENT: The meeting was adjourned at 6:54 p.m. ________________________________ Caren Ray Russom, Mayor/Chair ATTEST: ________________________________ Kelly Wetmore, City Clerk/Secretary (Approved at CC Mtg _____________) Item 8.e. - Page 2 ACTION MINUTES SPECIAL MEETING OF THE CITY COUNCIL TUESDAY, MAY 5, 2020 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA In compliance with the State and County Shelter at Home Orders due to the coronavirus pandemic, and as allowed by the Governor’s Executive Order N-29-20, which allows for a deviation of teleconference rules required by the Ralph M. Brown Act, this meeting was held by teleconference. 1. CALL TO ORDER Mayor Ray Russom called the Special City Council Meeting to order at 4:30 p.m. via teleconference. 2. ROLL CALL Council Members Lan George, Jimmy Paulding, Kristen Barneich, Mayor Pro Tem Keith Storton, and Mayor Ray Russom were present via teleconference. Staff members present via teleconference were Acting City Manager Bill Robeson, Acting Deputy City Manager Whitney McDonald, Director of Administrative Services Mike Stevens, Chief of Police Beau Pryor, Director of Recreation Services Sheridan Bohlken, Accounting Manager Nicole Valentine, and Five Cities Fire Chief Steve Lieberman. City Clerk Kelly Wetmore and Information Technology Manager Walt Cuzick were present in the Council Chambers. 3. FLAG SALUTE Council Member Paulding led the flag salute. 4. PUBLIC COMMENT Mayor Ray Russom invited public comment. Speaking from the public via teleconference in support of Item 6.b. (Consideration of Letter to Governor Regarding Establishment of a Rent and Mortgage Relief Program) were Jill Zamek, June Cochran, and Carmen Boquin. No further public comments were received. 5. CLOSED SESSION ANNOUNCEMENTS: Special Meeting of May 1, 2020 a) Public employee appointment pursuant to Government Code Section 54957(b): Title: Acting City Manager City Attorney Carmel announced that the City Council appointed Bill Robeson as the Acting City Manager and Whitney McDonald as the Acting Deputy City Manager. The motion was made by Mayor Ray Russom, was seconded by Council Member George, and the vote was unanimous. 6. BUSINESS ITEMS: 6.a. Update Regarding Countywide COVID-19 Efforts. Acting City Manager Robeson explained this would be an update on information received from the State and County regarding COVID-19 efforts, including information regarding the County’s START (Steps to Adapt and Reopen Together) Plan. Item 8.e. - Page 3 Minutes of City Council Special Meeting May 5, 2020 Page 2 Acting Deputy City Manager McDonald provided a brief update regarding current City departments and operations, and stated that City staff is currently reviewing the County’s START Plan to determine what the City will need to implement the measures identified in the Plan. Five Cities Fire Authority Fire Chief Lieberman provided an update of Fire Authority operations as it relates to an increase in emergency medical calls and response, and provided a brief overview of fiscal impacts as a result of unanticipated expenses that have been incurred in response to the COVID-19 pandemic. Acting Deputy City Manager McDonald then provided a brief overview of the proposed standards and guidelines in the START Plan, which is available for public review at ReadySLO.org. She provided clarification regarding the State and County orders, that the START Plan is the County’s Plan and that the City’s responsibility is to implement the Plan for its employees and members of the public. She further explained that the City does not control the County’s determinations of when each phase of the Plan is implemented, and does not control the County’s determination of which businesses re-open and under what criteria and restrictions. Mayor Ray Russom acknowledged that there has been some confusion in the public about the Governor’s plan to release the next Phase on Friday and whether the State’s order or the local County order takes precedence. She explained that the County’s Phase 1 is significantly less stringent than the State’s Phase 1 and that the County is working with the State to see which order the County will be following. Staff responded to extensive questions from Council. Mayor Ray Russom invited public comment. Speaking from the public via teleconference was Judith Bernstein, who stated she agreed with most of the proposed START Plan; however, she expressed concerns that gyms reopening in Phase 1 is too soon and should reopen in Phase 2, that some of the City’s restaurants do not have enough inside seating and asked if there was a plan to expand outdoor seating, and expressed concern about discrimination against elderly people who are healthy; and Jocelyn Brennan, President/CEO, South County Chambers of Commerce, who thanked the Mayor for the collaboration with the County and announced that the Chamber would be hosting a free webinar to discuss the guidelines for businesses to reopen and to answer questions, and that registration is available online at www.southcountychambers.com. No further public comments were received. No action was taken on this item. 6.b. Consideration of Letter to Governor Regarding Establishment of a Rent and Mortgage Relief Program. City Attorney Carmel presented the staff report and recommended that the Council approve and authorize the Mayor to send a letter to the Governor regarding the establishment of a rent and mortgage relief program as a result of the COVID-10 pandemic. Staff responded to questions from Council. Mayor Ray Russom invited public comment. Speaking from the public via teleconference was Judith Bernstein, who spoke in support of the proposed letter; however, she expressed concerns that the letter was too broad and that it should include criteria as to who would receive relief funds. No further comments were received. Council questions and discussion ensured regarding modifications to the letter to include property owners as those who should benefit from rent relief, to include creation of an oversight and Item 8.e. - Page 4 Minutes of City Council Special Meeting May 5, 2020 Page 3 accountability committee to monitor program distribution and to ensure its success; to include creation of emergency direct assistance programs that are balanced and equitably distributed; and to include a statement that the letter was unanimously approved by the City Council. Action: Council Member Paulding moved to approve the letter, as modified. Mayor Pro Tem Storton seconded, and the motion passed on following roll call vote: AYES: Paulding, Storton, Barneich, George, Ray Russom NOES: None ABSENT: None 6.c. Consideration of Letter to the Governor Regarding COVID-19 Fiscal Impacts to California Cities and a Request for State and Federal Assistance. Acting Deputy City Manager presented the staff report and recommended that the Council approve and authorize the Mayor to send a letter to the Governor on behalf of the City regarding COVID-19 fiscal impacts to California cities. Staff responded to questions from Council. Mayor Ray Russom invited public comment. No public comments were received. Action: Mayor Ray Russom moved to authorize a letter the Mayor to send a letter to the Governor on behalf of the City regarding COVID-19 fiscal impacts to California cities. Council Member Barneich seconded, and the motion passed on following roll call vote: AYES: Ray Russom, Barneich, Paulding, George, Storton NOES: None ABSENT: None 7. ADJOURNMENT: The meeting was adjourned at 6:22 p.m. ________________________________ Caren Ray Russom, Mayor ATTEST: ________________________________ Kelly Wetmore, City Clerk (Approved at CC Mtg _____________) Item 8.e. - Page 5 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, MAY 12, 2020 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA In compliance with the State and County Shelter at Home Orders due to the coronavirus pandemic, and as allowed by the Governor’s Executive Order N-29-20, which allows for a deviation of teleconference rules required by the Ralph M. Brown Act, this meeting was held by teleconference. 1. CALL TO ORDER Mayor Ray Russom called the Regular City Council Meeting to order at 6:00 p.m. via teleconference. 2. ROLL CALL City Council: Council Members Lan George, Jimmy Paulding, Kristen Barneich, Mayor Pro Tem Keith Storton, and Mayor Caren Ray Russom were all present via teleconference. Staff Present: Acting City Manager Bill Robeson, Acting Deputy City Manager Whitney McDonald, City Attorney Timothy Carmel, Administrative Services Director Mike Stevens, Accounting Manager Nicole Valentine, Recreation Services Director Sheridan Bohlken, Chief of Police Beau Pryor, and Five Cities Fire Authority Fire Chief Steve Lieberman were present via teleconference. Director of Legislative and Information Services/City Clerk Kelly Wetmore and Information Technology Manager Walt Cuzick were present in the Council Chambers. 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. Mayor Ray Russom moved, Council Member Barneich seconded, and the motion passed unanimously by roll-call vote that all ordinances presented at the meeting shall be read by title only and all further readings be waived. 6. SPECIAL PRESENTATIONS 6.a. Update Regarding Countywide COVID-19 Efforts. Recommended Action: Receive update, accept public comments, discuss, and provide direction, as necessary. Acting Deputy City Manager McDonald, provided an update on the County’s current COVID-19 efforts. She reminded residents to visit www.readyslo.org for current information on the shelter at home order, and provided the general information and enforcement phone numbers. She reported Item 8.e. - Page 6 Minutes: City Council Meeting Page 2 Tuesday, May 12, 2020 that the County is pivoting away from the START Plan and would be implementing the State’s Plan (Resilience Roadmap) as the State would not allow the County to move forward with the START Plan. She reported that the County is working with the State to move into the next phase for reopening and provided a brief overview of business sectors that will be allowed to start reopening. She announced that State sponsored testing clinics are open in Grover Beach and Paso Robles. Acting City Manager Robeson reported that the Recreation Services Department is anticipating reopening the City tennis and pickleball courts on Monday, and reviewed social distancing guidelines that would be put in place. Staff responded to questions from Council. Mayor Ray Russom reported that the League of California Cities is putting together a Statewide coalition to work with the League to ask the State and Federal government for fiscal relief for cities; in particular, for cities with populations under 50,000. She noted that cities under 50,000, which includes all cities in San Luis Obispo County, are not currently included in the allocation of the State’s CARES Act funding for cities to help offset the unanticipated expenses related to COVID-19. Mayor Ray Russom invited public comment. Speaking from the public via teleconference was Lori Ralls, who expressed concerns about the County’s request to the Governor to reopen ahead of the State, the increasing number of COVID-19 cases, the number of visitors coming from areas where COVID-19 cases are more prevalent, businesses who are not following any protective procedures or social distancing requirements, spoke in support of the City of Pismo Beach’s requiring face coverings in public buildings, and stated she hoped all South County cities would consider implementing the same measures. No further comments were received. No action was taken on this item. 7. COMMUNITY COMMENTS AND SUGGESTIONS Mayor Ray Russom invited public comment. No public comments were received. 8. 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 Pro Tem Storton referred to Item 8.b. (Consideration of a Side Letter of Agreement to the Arroyo Grande Police Officers’ Association Memorandum of Understanding), and stated that he appreciated the AGPOA coming forward to acknowledge the City’s current physical and financial situation and thanked them for extending their MOU for a one year period. Mayor Ray Russom also expressed appreciation and acknowledged that she had reached out to the POA President who responded that the Association understands that these are challenging times for the City and they wanted to do what they could to help out. In response to questions from Council Member Paulding regarding Item 8.f. (Consideration of an Amendment to the Consultant Services Agreement with Verdin Marketing for Tourism Marketing Services), Acting City Manager clarified that the additional funding of $1,500 is for updates to the Visit Arroyo Grande website. Item 8.e. - Page 7 Minutes: City Council Meeting Page 3 Tuesday, May 12, 2020 Jocelyn Brennan, President/CEO, South County Chambers of Commerce, via teleconference, confirmed that improvements to the Visit Arroyo Grande website are needed to make it more user friendly, that the website is very slow, and the interest to purchase an arroyogrande.com URL. Mayor Ray Russom invited public comments on the Consent Agenda. Speaking from the public via teleconference was Julie Tacker, regarding Item 8.b. stating that the POA was very considerate to continue their current agreement for another year and noted that the Five Cities Fire Authority is not as considerate as the agreement with the Fire union is being considered on Friday which includes a 2% increase with a $1,000 retroactive payment to all represented employees, and stated that the City Council should discuss this. No further public comments were received. Action: Council Member Barneich moved to approve Consent Agenda Items 8.a. through 8.f., with the recommended courses of action. Mayor Pro Tem Storton seconded, and the motion passed on the following roll-call vote: AYES: Barneich, Storton, Paulding, George, Ray Russom NOES: None ABSENT: None 8.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period April 16, 2020 through April 30, 2020. 8.b. Consideration of a Side Letter of Agreement to the Arroyo Grande Police Officers’ Association Memorandum of Understanding. Action: Adopted a Resolution entitled: “A RESOLUTION OF THE CITY OF ARROYO GRANDE APPROVING A SIDE LETTER OF AGREEMENT TO THE ARROYO GRANDE POLICE OFFICERS’ ASSOCIATION MEMORANDUM OF UNDERSTANDING”. 8.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council Meeting of April 28, 2020 and the Special City Council Meeting of May 1, 2020, as submitted. 8.d. Adoption of a Resolution Declaring a Continued Local Emergency Related to the Coronavirus (COVID-19) Pandemic. Action: Adopted a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING A CONTINUED LOCAL EMERGENCY RELATED TO THE CORONAVIRUS (COVID-19) PANDEMIC”. 8.e. Consideration of Cancellation of July 14, 2020 City Council Meeting. Action: Cancelled the regularly scheduled Council meeting of July 14, 2020. 8.f. Consideration of an Amendment to the Consultant Services Agreement with Verdin Marketing for Tourism Marketing Services. Action: Approved and authorized the Mayor to execute the Amendment to the Consultant Services Agreement with Verdin Marketing to extend the term of the agreement to June 30, 2022, and increase the agreement amount to $166,500 per year. 9. PUBLIC HEARINGS None. Item 8.e. - Page 8 Minutes: City Council Meeting Page 4 Tuesday, May 12, 2020 10. OLD BUSINESS: 10.a. Consideration of Further Adjustments to Fiscal Year 2019-20 Budget. Administrative Services Director Stevens presented the staff report and recommended that the Council discuss and consider utilizing additional Contingency Reserves to address the projected FY 2019-20 budget shortfall. Staff responded to questions from Council. Mayor Ray Russom invited public comments. No public comments were received. Action: Mayor Ray Russom moved to approve utilizing additional contingency reserves to address the FY 2019-20 budget shortfall. Council Member Barneich seconded, and the motion passed on the following roll-call vote: AYES: Ray Russom, Barneich, Paulding, George, Storton NOES: None ABSENT: None 11. NEW BUSINESS None. 12. COUNCIL COMMUNICATIONS Council Member George referred to the Five Cities Fire Authority’s consideration of the MOU and requested that the Council representative on the Board keep the Council apprised of any costs over 10,000 that the City would incur due to future possible expenditures, if possible. Mayor Pro Tem Storton stated that there is a meeting on Friday and he does not have any further information at this time. Brief discussion ensued regarding Council policy as it relates to criteria and process for Council representatives seeking Council direction or input on items being considered by regional or local boards and committees. Fire Chief Lieberman briefly explained that the budget for the Five Cities Fire Authority is required to be approved unanimously by all parties, the current JPA Memorandum of Agreement (2nd Amendment) has done that for this year and next year, and that the 2% increase that is going to the Board on Friday was already approved and placed into the budget. 13. CLOSED SESSION a) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION. Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: One potential case. City Attorney Carmel announced the Council would adjourn to closed session to consider agenda item 13(a), Conference with Legal Counsel - Anticipated Litigation. Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): One potential case involving former City Manager Jim Bergman’s employment with the City. The Council reconvened to open session at 8:57 p.m. City Attorney Carmel reported that there was no reportable action taken. Item 8.e. - Page 9 Minutes: City Council Meeting Page 5 Tuesday, May 12, 2020 14. ADJOURNMENT There being no further business to come before the City Council, Mayor Ray Russom adjourned the meeting at 7:10 p.m. ________________________________ Caren Ray Russom, Mayor ATTEST: ________________________________ Kelly Wetmore, City Clerk (Approved at CC Mtg __________) Item 8.e. - Page 10 ACTION MINUTES SPECIAL MEETING OF THE CITY COUNCIL TUESDAY, MAY 19, 2020 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA In compliance with the State and County Shelter at Home Orders due to the coronavirus pandemic, and as allowed by the Governor’s Executive Order N-29-20, which allows for a deviation of teleconference rules required by the Ralph M. Brown Act, this meeting was held by teleconference. 1. CALL TO ORDER Mayor Ray Russom called the Special City Council Meeting to order at 4:00 p.m. via teleconference. 2. ROLL CALL Council Members Lan George, Jimmy Paulding, Kristen Barneich, Mayor Pro Tem Keith Storton, and Mayor Caren Ray Russom were present via teleconference. Staff members present via teleconference were Acting City Manager Bill Robeson, Acting Deputy City Manager Whitney McDonald, Administrative Services Director Mike Stevens, Chief of Police Beau Pryor, Accounting Manager Nicole Valentine, Five Cities Fire Chief Steve Lieberman, and City Attorney Timothy Carmel. Deputy City Clerk Jessica Matson, Information Technology Specialist Jason Hodges, and Sr. Office Assistant Kendra Reynolds were present in the Council Chambers. 3. FLAG SALUTE Mayor Ray Russom led the flag salute. 4. PUBLIC COMMENT Mayor Ray Russom invited public comment. No public comments were received. 5. CLOSED SESSION ANNOUNCEMENTS: Regular Meeting of May 12, 2020 a)Conference with Legal Counsel – Anticipated Litigation. Significant exposure to litiga- tion pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: One potential case. City Attorney Carmel announced that there was no reportable action. 6. BUSINESS ITEMS: 6.a. Update Regarding Countywide COVID-19 Efforts. Acting Deputy City Manager McDonald provided a brief update regarding the COVID—19 pandemic and stated that the County Shelter-at-Home Order was not extended and the County is now operating under the State Order and Resiliency Roadmap guidelines. The Item 8.e. - Page 11 Minutes of City Council Special Meeting May 19, 2020 Page 2 County has an information line that can be reached at (805) 543-2444. The City also has an information line at (805) 473-5404. Acting Deputy City Manager McDonald then commented that the County issued an Order requiring hotels to reduce occupancy by 50% to stem tourism during the pandemic; the Order will be reviewed in 14 days. Acting Deputy City Manager McDonald also commented that the County Board of Supervisors will be considering the submission of an attestation to the State that the County is ready to move into Stage 2 of the State’s Resiliency Roadmap. If approved by the State, retail would be allowed to re-open indoor shopping and in-restaurant dining would also be allowed under certain criteria. Information regarding re-opening is available on the County’s website at ReadySLO.org. Currently, 23 counties in California have been allowed to move forward with re-opening their communities. Staff are looking into criteria for gatherings under the State Order and will report back to Council at a later time. Staff responded to questions from Council. No action was taken on this item. 7. ADJOURNMENT: The meeting was adjourned at 4:32 p.m. ________________________________ Caren Ray Russom, Mayor ATTEST: ________________________________ Jessica Matson, Deputy City Clerk (Approved at CC Mtg _____________) Item 8.e. - Page 12