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CC 2014-12-09_08b Approval of 10-08-14 and 10-14-14 Minutes ACTION MINUTES SPECIAL MEETING OF THE CITY COUNCIL WEDNESDAY, OCTOBER 8, 2014 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Tony Ferrara called the special meeting to order at 9:00 a.m. 2. ROLL CALL: Council Member Tim Brown, Council Member Kristen Barneich, Mayor Pro Tem Jim Guthrie, Mayor Ferrara, City Attorney Timothy Carmel, and City Clerk Kelly Wetmore were present. Council Member Joe Costello was absent. Mayor Ferrara led the Flag Salute. 3. PUBLIC COMMENT: Mayor Ferrara invited public comment on any item on the Agenda. Speaking from the public were: Patty Welsh, Arroyo Grande, commented that the meeting should have been held in the evening when people could attend and stating concerns that should be addressed in the investigation; LeAnn Akins, Arroyo Grande, expressed concerns regarding the early meeting time and the current leadership of the City; Otis Page, Arroyo Grande, expressed concerns regarding the process for selection by the Council of an independent investigator and requested the Council ask the office of the District Attorney to select the investigator; Beatrice Spencer, Arroyo Grande, expressed concern about the results of the initial investigation and that the focus and scope of a second investigation needs to address the actions of the Council; Chuck Fellows, Arroyo Grande, commented that the Police Officers Association (POA) declined to be included in the selection of the investigator; Vanessa Andrews, Arroyo Grande, supported the second investigation, commented that the POA has a conflict of interest in choosing an investigator, expressed concerns about what connections the investigator might have to the City, and stated the City Manager should be put on leave; Aleji Davar, referred to public comments and wondered if it was representative of the City’s population, and urged the Council to be objective and not be intimidated by special interests; Doug Perrin, San Luis Obispo, thanked Council for its dedication to the City, acknowledged that Council decisions are made in the best interest of the City, and spoke in support of City staff; Shirley Gibson; Halcyon, commented that she has disagreed with Council decisions on projects in the past, however, she attends meetings to shape policy and wondered where the public is when policy decisions are being made, and spoke in support of the Council and staff; John Mack, Arroyo Grande, expressed concerns about the early meeting time, that it should be continued to the evening in order to allow people to attend, and requested the Council include the people in the decision making process; April McLaughlin, Arroyo Grande, expressed concerns about the early meeting time; and Colleen Martin, Arroyo Grande, expressed concerns about Brown Act violations, meeting times, lack of transparency, hiding items under personnel matters in closed session, meeting minutes that don’t make sense, personnel regulations that pertain to few, unprofessional actions, the public process and scope of the investigation, impacts to the City and staff, and a request to put the City Manager on leave pending the results of the investigation. Item 8.b. - Page 1 Minutes of City Council Special Meeting October 8, 2014 Page 2 4. CONSIDERATION OF APPROVAL OF CONTRACT FOR SERVICES WITH SINTRA GROUP INVESTIGATIONS (GUTHRIE/BROWN) Mayor Pro Tem Guthrie provided an overview and timeline of how the Council Subcommittee reviewed and selected Chuck Hookstra, from Sintra Group Investigations, as the investigator; explained why the meeting was scheduled this morning so that the contract could be executed and the investigation could begin as soon as possible; and reviewed the scope of work. He stated that there would be a public report and that there would be a public meeting for the review of the report. Council Member Brown commented on the selection of Sintra Group and noted that they have no prior connection to the City. He asked the public to let the investigation take place and that there would be an opportunity to review and comment on the report at a public meeting. Mayor Ferrara called for a recess at 9:45 a.m. The Council reconvened at 9:48 a.m. Council questions and comments ensued regarding selection of the investigator, the length and cost of the investigation, thanking the Sheriff’s Department for their role in the process; conduct of public meetings as it relates to public comment; clarification that the District Attorney does not get involved in these matters unless it is criminal in nature; and that the process would be as transparent as possible to the extent allowed by law. Action: Mayor Pro Tem Guthrie moved to approve the Contract for Services with Sintra Group Investigations. Council Member Brown seconded, and the motion passed on the following roll- call vote: AYES: Guthrie, Brown, Barneich, Ferrara NOES: None ABSENT: Costello 5. ADJOURNMENT: Mayor Ferrara adjourned the meeting at 10:00 a.m. ___________________________________ Jim Hill, Mayor ATTEST: ___________________________________ Kelly Wetmore, City Clerk (Approved at CC Mtg ______________) Item 8.b. - Page 2 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, OCTOBER 14, 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 Guthrie and Mayor Ferrara were present. City Staff Present: City Manager Steven Adams, City Attorney Timothy Carmel, Director of Legislative and Information Services/City Clerk Kelly Wetmore, Chief of Police Steve Annibali, Director of Administrative Services Debbie Malicoat, Director of Community Development Teresa McClish, and Public Works Director Geoff English. 3. FLAG SALUTE Maureen Sharon, representing Kiwanis Club of Arroyo Grande Valley, led the Flag Salute. 4. INVOCATION Chaplain Jared Sharon, Congregation Beth David, delivered the invocation. 5. AGENDA REVIEW 5.a. Closed Session Announcements. None. 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 Mayor Ferrara referred to Item 6.b. and announced that the Economic Vitality Corporation would make their presentation at a Council meeting in November. 6.a. Presentation by SLO Regional Rideshare – Rideshare Month Sara Sanders, Rideshare Coordinator, presented information on Rideshare Month to be held in October and reviewed activities and incentives that would be available to reduce congestion on the roadways. 6.b. Presentation by the Economic Vitality Corporation This item was postponed to November. Item 8.b. - Page 3 Minutes: City Council Meeting Page 2 Tuesday, October 14, 2014 7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS Mayor Ferrara made brief comments regarding protocol for public comment and thanked the Sheriff’s Department for their assistance at tonight’s meeting. Speaking from the public were: Bob Lund, Arroyo Grande in Bloom, regarding the 8th America in Bloom Symposium and awards that Arroyo Grande received including the highest award for community involvement and the Best Water Management award; Trudy Jarrett, AGIB, spoke regarding the Public Art Program, the mural on the Robert’s Restaurant building, the proposed Peoples’ Self Help Housing Japanese Garden Sculpture, and the proposed Chumash public art project; Judith Bean, AGGB Chamber of Commerce, spoke in support of the proposed Charter City measure and thanked the City Manager for his service to the City; Aaron Henkel, expressed concern regarding negative comments made in emails by elected officials; Vanessa Andrews, expressed concern regarding emails written by elected officials, the police statements regarding the July 3rd incident, and the City Manager’s resignation letter that was printed in the newspaper; Patty Welsh, expressed concern about recent vandalism to her vehicles and thanked the AG police officers for their assistance; LeAnn Akins, spoke regarding government ethics and referred to the Institute of Local Government website for policies that should be followed by public officials; Susan Flores, sympathized with the Council and expressed her appreciation for Arroyo Grande and the work of the Council; Camay Arad, spoke in support of the City Council, City administrative staff and City Manager, noted that she has worked with the City on many issues and was treated with respect; Michael Passarelli, Grover Beach, spoke about impacts to the City, City staff, and the community relating to the July 3rd incident and expressed support for City staff and City Council; Chuck Fellows, read a statement from Ross Kongable which expressed his support of City Council, City Manager, and City staff, including the police department and encouraged the Council to not accept the City Manager’s resignation; Mr. Fellows also announced a new citizen group called FreeAGCouncil.org and asked the City Manager to rescind his resignation; Lyn Reardon-Smith, recently retired from the City, spoke in support of the City Council, City Manager, and staff; Bill McCann, referred to the July 3rd incident and spoke in support of the City Council, City Manager, and staff and hoped the impartial investigation would exonerate everyone and that City Manager Adams would continue as City Manager; Rudy Xavier, expressed concern about lack of civility during public comment and spoke in support of the City Council, City Manager, and staff; Manetta Bennett, spoke in support of the City Council, City Manager, and staff; Shirley Gibson, Halcyon, expressed concern that the public has not attended or participated in meetings when there are important issues facing the City including the drought, traffic problems, housing development, and preserving agricultural land, and supported the City Council, City Manager, and staff; Mike Drees, spoke in support of the City Council and City staff; Jan Scott, expressed concern that the issue of the July 3rd incident was still ongoing and spoke in support of the City Council, City Manager and City staff; Doug Perrin, San Luis Obispo, worked for the City for 33 years and expressed concern over the lack of civility, noted that the City Council and staff deserve respect, spoke of the Mayor’s dedication to the City and State, and referred to the City’s successes over the years; Cynthia Alarcio, commented that respect goes both ways; Otis Page, commented on issues surrounding the July 3rd incident, and apologized for his misconduct at a previous meeting; Winton Tullis, worked for Arroyo Grande Fire Department for 34 years and spoke in support of the City Council, City Manager, and staff; Colleen Martin, expressed confusion regarding events and meetings that have occurred since the July 3rd incident, that she has lost faith in the process, expressed concern about the lack of transparency, and stated that the City Manager should be placed on leave; Aleji Davar, spoke in support of the City Council, City Manager, staff, and the Police Department and stated this one issue has dominated the City over the past three months and urged the Council not to yield to special interest groups and to Item 8.b. - Page 4 Minutes: City Council Meeting Page 3 Tuesday, October 14, 2014 stay objective and fair in the decision making process; Kevin McCarthy, spoke in support of the Police Department, City Council, and staff, stated he expressed concern over what is happening to the community; Beatrice Spencer, spoke regarding the Mayor’s role to set the tone of the Council, acknowledged that the Council finally agreed to an outside investigation, and expressed concern about policy violations as it relates to use of public buildings after hours; Rod Hatch, spoke in support of the City Council and staff, and that he believed the Council had handled the issue appropriately. 8. CONSENT AGENDA Mayor Ferrara invited public comment on the Consent Agenda. Speaking from the public was Colleen Martin regarding Items 8.d. and 8.f. No comments were received. Council Member Barneich requested Items 8.d., 8.e., 8.g., and 8.f. be pulled. Action: Council Member Brown moved, and Council Member Barneich seconded the motion to approve Consent Agenda Items 8.a. through 8.m., with the exception of Items 8.d., 8.e., 8.g., and 8.f., with the recommended courses of action. The motion passed on the following roll-call vote: AYES: Brown, Barneich, Costello, Guthrie, Ferrara NOES: None ABSENT: None 8.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period September 16, 2014 through September 30, 2014. 8.b. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council Meeting of August 26, 2014, as submitted. 8.c. Consideration of Council Appointment to the Parks and Recreation Commission. Action: Approved the recommendation of Council Member Barneich to appoint Linda Sandy to the Parks and Recreation Commission. 8.h. Consideration of Resolution Adopting Public Works Fees and Service Charges. Action: Adopted a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING SPECIFIED FEES FOR PUBLIC WORKS SERVICES”. 8.i. Consideration of Acceptance of the 2014 Citywide Street Surface Repairs and East Grand Avenue Asphalt Overlay; El Camino Real to US 101, PW 2014-10. Action: 1) Accepted the project improvements as constructed by Apodaca Paving, Inc. in accordance with the plans and specifications for the subject project; 2) Directed staff to file a Notice of Completion; and 3) Authorized release of the retention, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. 8.j. Consideration to Approve the Sewer System Management Plan – Rev.01. Action: Approved and implemented the completed Sewer System Management Plan prepared in accordance with the State Water Resources Control Board General Waste Discharge Requirements Order No. 2006-0003-DWQ. 8.k. Consideration to Authorize an Award of Bid for Purchase of Furniture, Fixtures and Equipment for the Remodeled Police Facility. Action: 1) Awarded a bid for the purchase of furniture, fixtures and equipment from Item 8.b. - Page 5 Minutes: City Council Meeting Page 4 Tuesday, October 14, 2014 McMurray-Stern of Santa Fe Springs, CA in the amount of $194,527.66; and 2) Awarded a bid for the purchase of office chairs and file cabinets from California Prison Industry Authority of Folsom, CA in the amount of $18,588.00. 8.l. Consideration to Authorize an Award of Bid for the Purchase of a Truck and Declaring Existing Vehicles as Surplus Property. Action: 1) Awarded a bid for the purchase of a 2015 Dodge Ram 2500 Crew Cab to McPeek Dodge of Anaheim, CA; and 2) Adopted Resolution No. 4628 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING VEHICLES AS SURPLUS AND AUTHORIZING THEIR DISPOSAL”. 8.m. Consideration of a Resolution Approving Modifications to Police Department Staffing. Action: Adopted a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING JOB DESCRIPTIONS AND SALARY RANGES FOR THE POSITIONS OF POLICE RECORDS CLERK AND PROPERTY EVIDENCE TECHNICIAN”. ITEMS PULLED FROM THE CONSENT AGENDA 8.d. Consideration of Cancellation of the November 11, 2014 City Council Meeting. Recommended Action: Cancel the regularly scheduled meeting on November 11, 2014. Council Member Barneich explained that the meeting was cancelled due to the Veterans’ Day holiday and City Hall is closed that day. Action: Council Member Barneich moved to cancel the regularly scheduled meeting on November 11, 2014. Mayor Pro Tem Guthrie seconded, and the motion passed on the following roll call vote: AYES: Barneich, Guthrie, Costello, Brown, Ferrara NOES: None ABSENT: None 8.e. Consideration of Resolutions to Reallocate Funds from the City’s FY 2014/2015 ADA Program and Retrofits Budget to Repay the Federal Department of Housing and Urban Development for Previous Ineligible Community Development Block Grant Activities; and Reallocate CDBG Funds from Program Years 2011 through 2014 to Fund the Removal of Architectural Barriers for the Hoosegow Project and Other City ADA Projects. Recommended Action: 1) Approve the reallocation of funds from the ADA Program and Retrofits budget to repay HUD for previous ineligible CDBG activities; and 2) Approve the reallocation of CDBG funds from Program Years 2011 through 2014 for the purpose of funding the removal of architectural barriers for the Hoosegow Project and other City ADA projects. In response to questions by Council, staff clarified how CDBG funds for ADA projects are administered; that façade improvement projects are no longer eligible under HUD requirements, and clarification regarding HUD regulations relating to documentation. Item 8.b. - Page 6 Minutes: City Council Meeting Page 5 Tuesday, October 14, 2014 Action: Council Member Barneich moved to: 1) Adopt a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING REPAYMENT OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS TO THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR CERTAIN INELIGIBLE ACTIVITIES”; and 2) Adopt Resolution No. 4631 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FROM CERTAIN PROJECTS APPROVED IN YEARS 2011 THROUGH 2014 TO FUND THE REMOVAL OF ARCHITECTURAL BARRIERS AT THE HOOSEGOW PARK AND FOR THE CITY’S CURB RAMP PROGRAM CITYWIDE”. Council Member Brown seconded, and the motion passed on the following roll call vote: AYES: Barneich, Brown, Costello, Guthrie, Ferrara NOES: None ABSENT: None 8.g. Consideration of Temporary Use Permit Case No. 14-019 Authorizing “Halloween in the Village” on Friday, October 31, 2014 and Directing Staff to Implement Related Safety Measures Including No Parking Zones, Street Closures and Warning Devices. Recommended Action: Adopt a Resolution approving Temporary Use Permit 14-019, applied for by the Village Improvement Association, to authorize Halloween in the Village and directing staff to implement safety measures, including closure of East and West Branch Street between Traffic Way and Mason Street, no parking zones, and the detour of automobile traffic on Friday, October 31, 2014. In response to questions by Council, staff explained the use of barricades filled with non-potable water versus vehicle barricades. Action: Council Member Barneich moved to adopt Resolution No. 4632 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT CASE NO. 14-019 AUTHORIZING “HALLOWEEN IN THE VILLAGE” ON FRIDAY, OCTOBER 31, 2014 AND DIRECTING STAFF TO IMPLEMENT RELATED SAFETY MEASURES INCLUDING NO PARKING ZONES AND STREET CLOSURES. Council Member Brown seconded, and the motion passed on the following roll call vote: AYES: Barneich, Brown, Costello, Guthrie, Ferrara NOES: None ABSENT: None 8.f. Consideration of Adoption of an Ordinance Amending Section 9.04.020 of the Municipal Code to Allow the Sale and Consumption of Alcohol in Olohan Alley. Recommended Action: Adopt an Ordinance amending Section 9.04.020 of the Municipal Code regarding the sale and consumption of alcohol in Olohan Alley, which will allow wine tasting at Certified Farmers’ Markets. Item 8.b. - Page 7 Minutes: City Council Meeting Page 6 Tuesday, October 14, 2014 Council Member Barneich explained that a public hearing on this item was conducted at the September 23, 2014 regular City Council meeting where public comment was received, and that the final adoption of an Ordinance is generally placed on the Consent Agenda. Action: Council Member Barneich moved to adopt an Ordinance “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING TITLE 9 SECTION 9.04.020 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING WINE TASTING AT CERTIFIED FARMERS’ MARKETS”. Council Member Brown seconded. City Attorney Carmel read the full title of the Ordinance, and the motion passed on the following roll call vote: AYES: Barneich, Brown, Costello, Guthrie, Ferrara NOES: None ABSENT: None 9. PUBLIC HEARINGS None. 10. CONTINUED BUSINESS None. Mayor Ferrara called for a break at 7:36 p.m. The Council reconvened at 7:43 p.m. 11. NEW BUSINESS 11.a. Consideration of the Lake Lopez Low Reservoir Response Plan. Public Works Director English presented the staff report and recommended that the Council adopt a Resolution endorsing the Lake Lopez Low Reservoir Response Plan for the San Luis Obispo County Flood Control and Water Conservation District. Dan Heimel, Water Systems Consulting, provided an overview of how the proposal was developed and its core elements; stated that this was a stakeholder driven process with Zone 3 member agencies, SLO County Flood Control and Water Conservation District, and agricultural representatives. Mayor Ferrara invited public comment. Speaking from the public were Mike McConville, who asked for clarification on water level and water service impacts, who the largest water user is, and at what level would the lake not be available for recreation; and LeAnn Akins, who expressed concern about water conservation and felt that residential restrictions should begin sooner than what is proposed. No further public comments were received. Staff responded to questions regarding the Plan, and Council discussion ensued in support of the Plan and the need to continue to educate the community to conserve water. Action: Council Member Costello moved to adopt a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ENDORSING THE LOW Item 8.b. - Page 8 Minutes: City Council Meeting Page 7 Tuesday, October 14, 2014 RESERVOIR RESPONSE PLAN FOR THE SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ZONE 3”. Council Member Barneich seconded, and the motion passed on the following roll call vote: AYES: Costello, Barneich, Brown, Guthrie, Ferrara NOES: None. ABSENT: None 11.b. Review of the Community Tree Program Chapter 12.16 of Title 12 of the Arroyo Grande Municipal Code. Public Works Director English presented the staff report and recommended that the Council: 1) Provide direction to staff about specific areas of change to Chapter 12.16 of Title 12 of the Arroyo Grande Municipal Code (Community Tree Program) or the City’s tree regulation practices; and 2) Approve the proposed Tree Ordinance review schedule. Staff responded to questions from Council. Mayor Ferrara invited public comment. Speaking from the public was Chris Neal, who expressed concerns regarding damage to vehicles from tree sap. No further public comments were received. Council discussion ensued regarding the Community Tree Program which included suggestions to review regulations relating to removal of trees on undeveloped property; to provide a process for notifying tree trimmers about tree removal regulations; to review Development Code requirements for placement of trees in parking lots; to establish a timeframe for when trees should be removed if causing property or sidewalk damage, such as within five years of a specified incident; identifying criteria for determining economic impacts due to trees causing property damage; and clarifying responsibility for maintenance of street trees. Action: Council Member Costello moved to approve the proposed Tree Ordinance review schedule. Council Member Barneich seconded, and the motion passed on the following roll call vote: AYES: Costello, Barneich, Brown, Guthrie, Ferrara NOES: None. ABSENT: None 12. COUNCIL COMMUNICATIONS Council Member Brown stated that he would not be at the next City Council meeting. Council Member Costello apologized for not being able to attend the last City Council meeting due to work obligations. 13. STAFF COMMUNICATIONS None. 14. COMMUNITY COMMENTS AND SUGGESTIONS Speaking from the public was John Keen, who spoke about the tree program, commented on Item 8.b. - Page 9 Minutes: City Council Meeting Page 8 Tuesday, October 14, 2014 the Berry Gardens development which includes parkways and street trees and garage doors that do not face the street, and opposed changes to the Development Code where parkways are not allowed as they enhance neighborhoods. 15. ADJOURN TO CLOSED SESSION: Mayor Ferrara invited public comment on the closed session items. Speaking from the public was Colleen Martin who commented on Item 16.b., suggesting that counseling be offered to employees, inquired whether the Council stands by its decision to not put the City Manager on leave, commented on the Council's failure to act by treating employees equally, and urged the Council to put an end to this issue. At 9:35 p.m., Mayor Ferrara adjourned the open session and the Council proceeded to closed session. 16. CLOSED SESSION: a. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Government Code Section 54956.9(a): Name of Case: Santa Maria Valley Water Conservation District v. City of Santa Maria, et al. and related actions, Santa Clara Superior Court, Case No. CV 770214 b. PUBLIC EMPLOYMENT pursuant to Government Code Section 54957: Title: City Manager 17. RECONVENE TO OPEN SESSION Mayor Ferrara announced that no reportable action was taken. Announcements, if any, will also be made at the next regular meeting on October 28, 2014. 18. ADJOURNMENT Mayor Ferrara adjourned the meeting at 10:58 p.m. _________________________________ Jim Hill, Mayor ATTEST: _________________________________ Kelly Wetmore, City Clerk (Approved at CC Mtg _____________) Item 8.b. - Page 10