CC 2014-10-14_08.b. Approval of CC Minutes 08-26-14ACTION MINUTES
MEETING OF THE CITY COUNCIL
TUESDAY, AUGUST 26, 2014
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Ferrara called the Regular City Council Meeting to order at 6:01 p.m.
2. ROLL CALL
City Council: Council Member Kristen Barneich, Council Member Tim Brown, Council
Member Joe Costello, Mayor Pro Tem Jim Guthrie, and Mayor Ferrara
were present.
City Staff Present: City Manager Steven Adams, Assistant City Attorney David Hirsch,
Director of Legislative and Information Services/City Clerk Kelly Wetmore,
Public Works Director Geoff English, Director of Administrative Services
Debbie Malicoat, Director of Community Development Teresa McClish
and Chief of Police Steve Annibali.
3. FLAG SALUTE
Mike Furman, representing the Arroyo Grande Lions Club, led the Flag Salute.
4. INVOCATION
Pastor Randy Ouimette, Saint John’s Lutheran Church and Five Cities Fire Authority Chaplain,
delivered the invocation.
5. AGENDA REVIEW
5.a. Closed Session Announcements.
Mayor Ferrara reported that on Tuesday, August 12, 2014, after meeting in Closed Session
regarding the following item, the Council reconvened into open session and announced that no
reportable action was taken:
- Conference With Labor Negotiator pursuant to Government Code Section 54957.6:
Agency Designated Representative: Steven Adams, City Manager
Represented Employees: Arroyo Grande Police Officers' Association
5.b. Ordinances Read in Title Only.
Council Member Brown moved, Council Member Barneich seconded, and the motion passed
unanimously that all ordinances presented at the meeting shall be read by title only and all
further readings be waived.
6. SPECIAL PRESENTATIONS
None.
7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS
Speaking from the public were Bob Quarry, Arroyo Grande Public Art Committee, regarding the
public mural in the Village; Heather Jensen, Arroyo Grande, expressing concerns regarding the
July 3rd incident and requesting an independent investigation; Dane Sensa, regarding
transparency and trust in government; Patty Welsh, Arroyo Grande, regarding the use of City
buildings for City business only, the Charter City ballot measure, and requesting an independent
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Tuesday, August 26, 2014
investigation regarding the July 3rd incident; Ron McAvoy, Arroyo Grande, requesting an
independent investigation regarding the July 3rd incident; Aaron Henkel, Arroyo Grande,
regarding trust and transparency, the appropriate use of City buildings, and suggesting an
investigation by the Grand Jury of the July 3rd incident; Charlotte Wilson, regarding transparency
and public policy; John Mack, Arroyo Grande, regarding the effect the July 3rd incident has on
the way his project is being processed; Manetta Bennett, regarding the proposed East Cherry
project and the need to widen the street; Kevin Rice, expressing concerns regarding the July 3rd
incident, and referred to his public records requests and a letter he submitted regarding a Brown
Act violation; Beatrice Spencer, Arroyo Grande, expressing concerns regarding the July 3rd
incident as it relates to improper conduct; Shirley Gibson, commented that the Police logs
should be public record and also commented on the proposed East Cherry project; Laura
Mordant, San Luis Obispo, referred to a similar incident in San Luis Obispo and requesting the
July 3rd incident be placed on a future agenda for discussion; Sue Schimandle, Arroyo Grande,
expressing concern regarding the July 3rd incident and how it has affected employees; Manetta
Bennett, requesting more public notification be provided concerning the proposed East Cherry
project; Cynthia Alarcio, Arroyo Grande, expressing concerns regarding the July 3rd incident
and concerns relating to a hostile work environment; Gail Lightfoot, regarding public comment
on closed session items; and William Wagner, Santa Maria, expressing concerns regarding the
July 3rd incident.
Mayor Ferrara introduced Deputy City Attorney Michael McMahon, Carmel & Naccasha, who
made a statement regarding the July 3rd incident.
8. CONSENT AGENDA
Mayor Ferrara invited public comment on the Consent Agenda. Speaking from the public was
Gail Lightfoot regarding Item 8.d. (Approval of Minutes), clarifying that she had stated that an
Emergency Medical Technician could safely administer CPR. The correction to the minutes
was noted. No further public comments were received.
Action: Council Member Barneich moved, and Council Member Brown seconded the motion to
approve Consent Agenda Items 8.a. through 8.g., with the recommended courses of action,
including the amendment to Item 8.d. Assistant City Attorney Hirsch read the full title of the
Ordinance in Item 8.g. The motion passed on the following roll-call vote:
AYES: Barneich, Brown, Costello, Guthrie, Ferrara
NOES: None
ABSENT: None
8.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period August 1, 2014 through
August 15, 2014.
8.b. Consideration of Statement of Investment Deposits.
Action: Received and filed the report listing the current investment deposits of the City,
as of July 31, 2014, as required by Government Code Section 53646(b).
8.c. Consideration of a Resolution to Implement Paying and Reporting of Employer
Paid Member Contributions (EPMC) to the California Public Employees’
Retirement System (PERS) for the Management Employees of the Safety Fire
Group.
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Tuesday, August 26, 2014
Action: Adopted Resolution No. 4619 entitled: “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE TO IMPLEMENT THE PAYING AND
REPORTING THE VALUE OF THE EMPLOYER PAID MEMBER CONTRIBUTIONS
TO THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (PERS)”.
8.d. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular City Council meeting of August 12, 2014,
as amended.
8.e. Consideration of Acceptance of the 2014 Concrete Repair and Via La Barranca
Drainage Improvements Project, PW 2014-11.
Action: 1) Accepted the improvements as constructed by V. Lopez Jr. & Sons, Inc. for
the subject project; 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.
8.f. Consideration of a Resolution Adopting the 2014 San Luis Obispo County
Integrated Regional Water Management (IRWM) Plan.
Action: Adopted Resolution No. 4620 entitled: “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING THE 2014 SAN LUIS
OBISPO COUNTY INTEGRATED REGIONAL WATER MANAGEMENT PLAN”.
8.g. Consideration of Adoption of an Ordinance Amending Section 3.08.020.E of the
Arroyo Grande Municipal Code Regarding Bidding Thresholds Under the Uniform
Public Construction Cost Accounting Act.
Action: Adopted Ordinance No. 665 entitled: “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING SECTION 3.08.020.E OF
THE ARROYO GRANDE MUNICIPAL CODE REGARDING BIDDING THRESHOLDS
UNDER THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT”.
9. PUBLIC HEARINGS
None.
10. CONTINUED BUSINESS
10.a. Consideration of Water Conservation Public Education Program and Water
Shortage Contingency Plan Ordinance Alternatives.
City Manager Adams presented the staff report and recommended that the City Council: 1)
Approve the proposed water conservation public education program; 2) Authorize the City
Manager to execute a consultant services agreement with Verdin Marketing, Inc. to develop and
implement the water conservation public education program; 3) Appropriate $70,000 from the
Water Neutralization Fund for the water conservation public education program; and 4) Direct
staff to develop a Water Shortage Contingency Plan Ordinance based on two emergency
stages, which will require residential customers to reduce water usage by an identified
percentage during a Stage 1 emergency and allocate a minimum amount of water per
household during a Stage 2 emergency.
Mary Verdin and Ashlee Akers of Verdin Marketing gave a presentation on the proposed water
conservation public education program. Staff then responded to questions from Council.
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Tuesday, August 26, 2014
Mayor Ferrara invited public comment. Speaking from the public regarding the proposal were
Barbara Harmon, Arroyo Grande; Mary Lucey, Oceano Community Services District Board
Member; Jeanette Wilson, Arroyo Grande; Gail Lightfoot, Arroyo Grande; Sue Schimandle,
Arroyo Grande; Laura Mordant, San Luis Obispo; Ron McAvoy, Arroyo Grande; and Patty
Welsh, Arroyo Grande. Mayor Ferrara closed the public comment period.
Council comments ensued regarding the proposed water conservation public education
program and water shortage contingency plan ordinance alternatives. Council expressed
concerns about the costs and it was suggested that the program be re-evaluated after one year
to determine if water savings have been realized and whether the program is effective.
Action: Council Member Costello moved to: 1) Approve the proposed water conservation public
education program; 2) Authorize the City Manager to execute a consultant services agreement
with Verdin Marketing, Inc. to develop and implement the water conservation public education
program; 3) Appropriate $70,000 from the Water Neutralization Fund for the water conservation
public education program; and 4) Direct staff to develop a Water Shortage Contingency Plan
Ordinance based on two emergency stages, which will require residential customers to reduce
water usage by an identified percentage during a Stage 1 emergency and allocate a minimum
amount of water per household during a Stage 2 emergency using the hybrid methodology; and
5) to further direct staff to work with the consultant to provide the educational program in stages.
Council Member Barneich seconded the motion. Council Member Brown asked for clarification
on whether this was a one year plan. City Manager Adams confirmed that the proposal and
funding was for the first year only and would come back to the Council for review. The motion
passed on the following roll-call vote:
AYES: Costello, Barneich, Brown, Guthrie, Ferrara
NOES: None
ABSENT: None
Mayor Ferrara called for a break at 8:40 p.m. The Council reconvened at 8:45 p.m.
11. NEW BUSINESS
None.
Mayor Ferrara requested, and the Council concurred, to move Item 13 up on the Agenda.
13. COUNCIL COMMUNICATIONS
Council Member Brown recommended an independent investigation of the July 3rd incident be
placed on a future agenda, specifically starting with a public process including discussion of the
scope of the investigation and who is to be used to conduct the investigation, while
acknowledging that any personnel action or discussion would be made in closed session and
that the process would likely end in closed session.
Council comments ensued in support of conducting an outside, independent investigation, that
the issue of public trust and transparency is significant, that the process should be expedited
and the issue placed on a future agenda for consideration; that costs for an outside investigation
are of concern; and acknowledgement that discussions regarding personnel issues are required
by law to be conducted in closed session. There was unanimous consensus of the Council to
add this item to a future agenda.
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Tuesday, August 26, 2014
12. CITY COUNCIL REPORTS:
The Mayor and Council Members provided brief reports from the following committee,
commission, board, or other subcommittee meetings that they have attended as the City’s
appointed representative.
(a) Mayor Ferrara:
(1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit
Authority (SLOCOG/SLORTA)
(2) South San Luis Obispo County Sanitation District (SSLOCSD)
(3) Other
(b) Mayor Pro Tem Guthrie:
(1) South County Area Transit (SCAT)
(2) Economic Vitality Corporation (EVC)
(3) California Joint Powers Insurance Authority (CJPIA)
(4) South San Luis Obispo County Sanitation District (Alternate)
(c) Council Member Costello:
(1) Air Pollution Control District (APCD)
(2) Five Cities Fire Authority (FCFA)
(3) SLOCOG (Alternate)
(d) Council Member Brown:
(1) Integrated Waste Management Authority Board (IWMA)
(2) County Water Resources Advisory Committee (WRAC)
(e) Council Member Barneich:
(1) Zone 3 Water Advisory Board
(2) Homeless Services Coordinating Council (HSOC)
(3) Tourism Committee
13. COUNCIL COMMUNICATIONS
Mayor Ferrara referred to concerns expressed by the car dealerships as it relates to impacts
and disruptions to their business during the Strawberry Festival weekend, which falls on
Memorial Day weekend, and whether the event could be moved to another weekend. He noted
that the Village Improvement Association Board had discussed the issue and was not in favor of
moving the dates of the event. Council agreed that the issue should be discussed by the
Tourism Committee prior to putting it on a future Council agenda for discussion.
14. STAFF COMMUNICATIONS
City Manager Adams reported that staff is working with other agencies included in the Northern
Cities Management Area (NCMA) to schedule a joint meeting with the Mayors, City Managers,
Public Works Directors and Zone 3 representatives.
15. COMMUNITY COMMENTS AND SUGGESTIONS
Speaking from the public were Barbara Harmon, regarding parking alternatives during the
Strawberry Festival; and Gail Lightfoot, regarding the water conservation item.
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17. CLOSED SESSION
None.
18. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 9:23 p.m.
_______________________________
Tony Ferrara, Mayor
ATTEST:
_______________________________
Kelly Wetmore, City Clerk
(Approved at CC Mtg ___________)
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