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Minutes 2017-09-12 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, SEPTEMBER 12, 2017 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Hill called the City Council Meeting to order at 6:00 p.m. 2. ROLL CALL City Council: Council Members Caren Ray, Barbara Harmon, Kristen Barneich, Mayor Pro Tem Brown, and Mayor Jim Hill were present. Staff Present: City Manager Jim Bergman, City Attorney Heather Whitham, Director of Legislative and Information Services/City Clerk Kelly Wetmore, Director of Administrative Services Debbie Malicoat, Director of Community Development Teresa McClish, Director of Public Works Bill Robeson, Interim Director of Recreation Services Sheridan Bohlken, and Police Chief Beau Pryor. 3. MOMENT OF REFLECTION 4. FLAG SALUTE Members of Cub Scout Pack 13, Den 3, led the Flag Salute. 5. AGENDA REVIEW 5.a. Closed Session Announcements. Regular City Council Meeting of August 22. 2017: a) Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Agency Designated Representative: Debbie Malicoat, Administrative Services Director Represented Employees: Service Employees International Union, Local 620 City Attorney Whitham announced that the City Council met in closed session at a Regular Meeting on August 22, 2017 to discuss the above item and that there was no reportable action. 5.b. Ordinances Read in Title Only. Mayor Pro Tern 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 6.a. Honorary Proclamation Celebrating the 80th Anniversary of the Woman's Club of Arroyo Grande. Minutes: City Council Regular Meeting Page 2 Tuesday, September 12, 2017 Mayor Hill presented an Honorary Proclamation celebrating the 80th Anniversary of the Woman's Club of Arroyo Grande. Debra Audet, President, accepted the proclamation. 7. COMMUNITY COMMENTS. AND SUGGESTIONS Mayor Hill invited public comment. Speaking from the public were: Resident (did not state name), Faeh Avenue, submitted photos of her neighborhood and expressed concerns about not being notified of the proposed Popeye's drive-thru restaurant directly across the street from her home and requested future notification of any meetings to be held on the project; Brad Snook, spoke about the NCMA and its advisory groups and requested that the Council place on the agenda an item to request that the technical groups keep minutes of their meetings to be distributed amongst all the groups; Val Delaney, thanked the Fire Department for its response to a fire at Sunrise Terrace Mobile Home Park and acknowledged that the use of the ladder truck was very beneficial, commented on the Popeye's drive-thru restaurant as it relates to sales tax, referred to the traffic study for the project and expressed concerns about the existing traffic service levels; Matthew Guerrero, provided information on an upcoming Fair Political Practices Commission training seminar to be held next Thursday at the Madonna Inn, and also acknowledged the 16th anniversary of 9-11; Shirley Gibson, expressed concern with the color scheme of the proposed Popeye's restaurant; Julie Tacker, referred to the South San Luis Obispo County Sanitation District and stated that Arroyo Grande is a 45% shareholder and that it is time that the communities consider either to divest and dissolve and give it over to the County, have a five member board, or take away the community aspect and make it a District with an elected Board, and also expressed concern about water waste and delay in the recycled water project; Coleen Kubel, agreed that a three member board is not working for the Sanitation District and commented that the Architectural Review Committee recommended several changes to the proposed Popeye's restaurant that addressed the concerns expressed by the community; and Otis Page, congratulated Council Members Ray and Barneich on their election and Mayor Hill for his re-election to the Council, congratulated the Council for hiring Mr. Bergman, and commended Mayor Hill for his service as Mayor. No further comments were received. Following community comment, Council Member Ray requested, and the Council concurred, that all public noticing related to the proposed Popeye's restaurant be expanded beyond the legal requirements to include all of the surrounding neighborhood property owners and tenants. 8. CITY MANAGER REPORT: City Manager Bergman introduced Public Works Director Bill Robeson and Interim Recreation Services Director Sheridan Bohlken and provided information on their educational and professional backgrounds. 9. CONSENT AGENDA Mayor Hill invited public comment on the consent agenda. No public comments were received. Council Member Harmon requested Item 9.b. be pulled for a separate vote as she was absent for the August 22nd meeting. Action: Council Member Barneich moved, and Mayor Pro Tem Brown seconded the motion to approve Consent Agenda Items 9.a. through 9.j., with the exception of Item 9.b., with the recommended courses of action. The motion passed on the following roll-call vote: Minutes:City Council Regular Meeting Page 3 Tuesday, September 12, 2017 AYES: Barneich, Brown, Ray, Harmon, Hill NOES: None ABSENT: None 9.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period August 16, 2017 through August 31, 2017. 9.c. Consideration of Resolution Declaring Surplus Property. Action: Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING CERTAIN PROPERTY AS SURPLUS AND AUTHORIZING ITS DISPOSAL/SALE". 9.d. Consideration of Approval of an Exclusive Vendor Police Tow Service Agreement. Action: Approved and authorized the City Manager to execute a two-year exclusive vendor police tow service agreement with College Towing South of Grover Beach for light-duty towing. 9.e. Consideration of Acceptance of the Manhole Rehabilitation Project, PW 2017-03. Action: 1) Accepted the project improvements as constructed by SoCal Pacific Construction Corporation in accordance with the plans and specifications for the Manhole Rehabilitation Project, PW 2017-03; 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.f. Consideration of an Award of Contract to Souza Construction Inc. for Construction of the 2017 Street Repairs Project, PW 2017-04. Action: 1) Awarded a contract for the 2017 Street Repairs Project to Souza Construction Inc. in the amount of $531,316; and 2) Authorized the City Manager to approve change orders for 10% of the contract amount, $53,132 for unanticipated costs during the construction phase of the project. 9.g. Consideration of an Award of Contract to American Asphalt South Inc. for Construction of the 2017 Street Resurfacing Project, PW 2017-05. Action: 1) Awarded a contract for the 2017 Street Resurfacing Project to American Asphalt South Inc. in the amount of$171,524.71; and 2) Authorized the City Manager to approve change orders for 10% of the contract amount, $17,152.47 for unanticipated costs during the construction phase of the project. 9.h. Consideration of an Award of Contract to R. Burke Corporation for Construction of the 2017 Concrete Repairs Project, PW 2017-06. Action: 1) Awarded a contract for the 2017 Concrete Repairs Project to R. Burke Corporation in the amount of$165,777; and 2) Authorized the City Manager to approve change orders for 10% of the contract amount, $16,577 for unanticipated costs during the construction phase of the project. 9.i. Consideration of an Appropriation of Funds to Replace a Variable Frequency Drive at Lift Station No. 1. Action: Appropriated $15,000 from the Sewer Fund for purchase and installation of a new variable frequency drive at Lift Station No. 1. 9.j. Consideration of Approval of an Agreement for the Northern Cities Management Area Annual Report and Monitoring Program. Action: Approved and authorized the Mayor to execute an Agreement for Consultant Services with GSI Water Solutions, Inc. Minutes: City Council Regular Meeting Page 4 Tuesday, September 12, 2017 ITEMS PULLED FROM THE CONSENT AGENDA 9.b. Consideration of Approval of Minutes. Recommended Action: Approve the minutes of the Regular City Council Meetings of August 8, 2017 and August 22, 2017, as submitted. Council Member Harmon noted that she would abstain from voting on the August 22, 2017 minutes as she was absent for that meeting. Action: Council Member Barneich moved, and Mayor Pro Tem Brown seconded the motion to approve Consent Agenda Item 9.b., with the recommended course of action. The motion passed on the following roll-call vote: AYES: Barneich, Brown, Ray, Harmon, Hill NOES: None ABSTAIN: Harmon (August 22, 2017 minutes only) ABSENT: None 10. PUBLIC HEARINGS None. 11. OLD BUSINESS 11.a. Consideration of Report of Investigation Resulting from the Independent Investigation Jointly Authorized by the Arroyo Grande City Council and South San Luis Obispo County Sanitation District Board of Directors Pertaining to Conduct of Jim Hill in his Capacity as Mayor of Arroyo Grande and a Member of the Board of Directors of the South San Luis Obispo County Sanitation District. Recommendation: 1) Review the independent Report of Investigation prepared by S.K. Nelson & Company under the direction of the law firm Liebert Cassidy Whitmore (LCW); 2) Consider waiving the attorney-client privilege and work product privilege related to the confidential memorandum prepared by LCW providing their legal conclusions and recommendations regarding the Report of Investigation; 3) Discuss options presented by Shelline Bennett of LCW for possible action in response to the findings contained in the Report of Investigation; and 4) Authorize additional funding to LCW to cover the cost of the investigation and legal services. City Manager Bergman provided introductory comments and introduced Shelline Bennett from Liebert, Cassidy, Whitmore. Ms. Bennett noted that a motion to waive the Attorney/Client privilege would need to be made if the Council would like the presentation to include a discussion of Liebert, Cassidy, Whitmore's legal conclusions and recommendations. Action: Mayor Hill moved, and Mayor Pro Tem Brown seconded the motion to waive the Attorney/Client privilege. The motion passed on the following roll-call vote: Minutes:City Council Regular Meeting Page 5 Tuesday, September 12, 2017 AYES: Hill, Brown, Ray, Harmon, Barneich NOES: None ABSENT: None The report was made available publicly. Ms. Bennett reviewed the report's legal conclusions and recommendations and responded to questions from Council. Mayor Hill noted for the record that he did not refuse to participate in the investigation and that he had turned the matter over to his attorney as he was leaving on vacation. Mayor Hill called for a break at 8:10 p.m. The Council reconvened at 8:20 p.m. Mayor Hill invited public comment. Speaking from the public were: Stewart Jenkins, attorney representing Mayor Hill, expressed concern that an elected official does not have due process rights, referred to the letter that he submitted to the Council and addressed issues including the alleged conflict of interest associated with the FTC letter, his inability to obtain the specific charges and allegations against Mayor Hill, commented that Mayor Hill has been dedicated to public transparency, asked the Council to use common sense in reviewing his letter against Mr. Nelson's report to conclude that there was no wrongdoing, stated that everything Mayor Hill has done has been within the legislative process, and responded to further questions from Council; Julie Tacker, took issue with questions by Council regarding additional costs to review public records, commented on her interview with the investigator and documents she provided, which were not included in the documents she obtained, commented on the irrelevance of documents that were reviewed, and stated the FTC letter issues was previously resolved; Colleen Kubel, stated there were no definitive answers in the report and that the investigator did not do his due diligence in the investigation; Matthew Gurerro, expressed concern about liability at the Sanitation District and that Council action should be taken to make appropriate recommendations to the Sanitation District to protect the City's ratepayers; Deborah Peterson, Grover Beach, spoke as a Sanitation District ratepayer, commented that the Board Members represent all District ratepayers, spoke in support and appreciation of Mayor Hill's service on the Sanitation District Board, and asked why legal counsel did not ask for more money for the investigation; Shirley Gibson, asked why over 3,000 records were requested, commented on the hiring of the District's General Manager, and believed there was a conspiracy against Mr. Hubner; Mary Lucey, Oceano, expressed concerns about Mayor Hill's actions and stated it must come to a stop; Ron Holt, Arroyo Grande, spoke in support of Mayor Hill; Patricia Price, stated she has followed Sanitation District business for the last five years, spoke of Mr. Clemons' temporary management of the District, stated it was clear the new General Manager was not a good fit, and spoke in support of Mayor Hill; Terry Claire, Oceano, acknowledged that people care about the community and spoke in support of Mayor Hill; Brad Snook, commented he was resentful of the investigation as he has asked for years for an independent investigation of District operations, commented on the expanded scope of the investigation, and urged the Council to move forward; Richard Kubel, spoke of gatherings at Francisco's Country Kitchen and questioned Ms. Gibson's comments about overhearing the Mayor's conversations; Mike Noble, Oceano, commented he has had breakfast at Francisco's when the Mayor is there and has never heard him talk about City business; and Adam Verdin, commented on the significant financial liability. Minutes: City Council Regular Meeting Page 6 Tuesday, September 12, 2017 Action: Council Member Ray moved to recommend that the City adopt a new password policy addressing password security; that the Mayor participate in specific one-on-one training with the CJPIA; that the Mayor voluntarily step down from the Sanitation District Board and have the Alternate member attend meetings; that the Sanitation District Board support and implement the recommendations of Liebert Cassidy Whitmore; that the one-on-one training extend to the entire Council; that a comparison of ethics and conduct policies between the City and District be made; that a voluntary code of conduct for the City be adopted and signed by Council and Commissioners; that an official policy of personal email use be approved; that a protocol for Council communication with staff be adopted; and that an exploration of a job description or expectations for Council and Commissions be considered. Council Member Harmon seconded, and the motion. passed on the following roll-call vote: AYES: Ray, Harmon, Barneich NOES: Brown, Hill ABSENT: None Further discussion ensued regarding remaining costs for the investigation. Action: Mayor Pro Tern Brown moved to authorize additional funding up to $25,000 to Liebert Cassidy Whitmore to cover the cost of the investigation and legal services. Council Member Ray seconded. Prior to the vote, Mayor Hill invited public comment. Speaking from the public were: Julie Tacker, stating that the additional expenses were unclear and requested that the Council ask the Sanitation District to pay for at least half of the additional cost; and Patricia Price, expressed confusion with the total cost of the investigation, and thought that the cost was going to be shared with the Sanitation District. The motion passed on the following roll-call vote: AYES: Brown, Ray, Harmon, Barneich, Hill NOES: None ABSENT: None 12. NEW BUSINESS None. 13. COUNCIL COMMUNICATIONS Council Member Ray commented that she agreed with previous public comment regarding minutes for all NCMA stakeholder groups. City Manager Bergman stated that this would not work because of the ongoing water litigation. Council Member Ray announced the Harvest Festival would be held on September 23`d and 24th and that the Bakeoff will be held and urged all to get involved. Mayor Pro Tern Brown announced that the Empty Bowls event will take place on September 13, 2017 at St. Patrick's Church. Council Member Barneich provided additional details regarding the Empty Bowls event. Minutes: City Council Regular Meeting Page 7 Tuesday, September 12, 2017 Mayor Hill noted the upcoming temporary overnight closure of Hwy 101 northbound at Traffic Way and the associated detour route. He also reported that he attended the Eagle Scout ceremony for Riley Betita that happened over the weekend. • 14. COMMUNITY COMMENTS AND SUGGESTIONS At this time, Mayor Hill invited community comments and suggestions and public comment on the closed session item. Speaking from the public was John Clemens, stating that comments made about Mayor Hill taking sides were inappropriate and that when the Mayor was Chair, the Sanitation District ran smoothly; Coleen Kubel, expressed concerns regarding the Mayor having to step down from the Sanitation District Board; Julie Tacker, stated that Mayor Hill has been the only one to review and make recommendations regarding the Sanitation District budget and that she hopes Mayor Hill will choose not to step down; Patricia Price, agreed with the previous speaker and commented on the efforts made by Mayor Hill to help the District; Debbie Peterson, commented on the Knudsen investigation, passwords being compromised, and the cost of the investigation; Shirley Gibson, responded to comments made by a previous speaker regarding Francisco's; and Ron Holt, agreed with Mayor Pro Tern Brown's comments regarding the • composition of the Sanitation District Board and the number of members on the Board and commented that Liebert Cassidy Whitmore was already involved with the Sanitation District previously regarding a personnel matter. Council Member Ray stated that earlier comments made regarding email passwords were erroneous and that the issue with passwords has already been dealt with. Council Member Barneich stated that although she has not attended Sanitation District meetings, she is watching them on the government access channel and Is very engaged. 15. CLOSED SESSION None. 16. ADJOURNMENT Mayor Hill adjourned the meeting at 10:54 p.m. Ji Hill, Mayor TEST: W214Aieek— • Kelly et p •re, City Clerk (Approved at CC Mtg /0-/0-201 1 )