Loading...
Minutes 2019-11-12 SPACTION MINUTES SPECIAL AND REGULAR MEETINGS OF THE CITY COUNCIL TUESDAY, NOVEMBER 12, 2019 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA SPECIAL MEETING CALL TO ORDER Mayor Ray Russom called the Special City Council Meeting to order at 5:00 p.m. and led the Flag Salute. ROLL CALL Council Members Keith Storton, Jimmy Paulding, Lan George, Mayor Pro Tem Kristen Barneich, and Mayor Caren Ray Russom were present. City Manager Jim Bergman, City Attorney Heather Whitham, and Director of Legislative and Information Services/City Clerk Kelly Wetmore were also present. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. CLOSED SESSION City Attorney Whitham announced the City Council would recess to a closed session for the following items: Public Employee Performance Evaluation pursuant to Government Code Section 54957: Title: City Attorney Conference with Real Property Negotiators pursuant to Government Code Section 54956.8: Property:                   400 Old Ranch Rd (corner of W. Branch Street); APN007-011-056 Agency negotiators: James Bergman, City Manager Negotiating parties:  Kamla Hotels Inc. Under negotiation:   Price and terms of payment RECONVENE The City Council reconvened to open session at 6:00 p.m. in conjunction with the City Council Regular Meeting. Announcements of any reportable action were made under Item 5. REGULAR MEETING 1. CALL TO ORDER Mayor Ray Russom called the Regular City Council Meeting to order at 6:00 p.m. 2. ROLL CALL City Council: Council Members Keith Storton, Jimmy Paulding, Lan George, Mayor Pro Tem Kristen Barneich, and Mayor Caren Ray Russom were present. Staff Present: City Manager Jim Bergman, City Attorney Heather Whitham, Director of Legislative and Information Services/City Clerk Kelly Wetmore, Director of Public Works Bill Robeson, Police Chief Beau Pryor, and Recreation Services Director Sheridan Bohlken. 3. MOMENT OF REFLECTION 4. FLAG SALUTE Mayor Ray Russom led the Flag Salute. 5. AGENDA REVIEW Mayor Ray Russom requested the Council consider reordering the Agenda to hear Item 11.b. prior to Item 11.a. to accommodate the number of people present for Item 11.b. The Council concurred. 5.a. Closed Session Announcements. Special City Council Meeting of November 12, 2019: Public Employee Performance Evaluation pursuant to Government Code Section 54957: Title: City Attorney Conference with Real Property Negotiators pursuant to Government Code Section 54956.8: Property:    400 Old Ranch Rd (corner of W. Branch Street); APN007-011-056 Agency negotiators: James Bergman, City Manager Negotiating parties: Kamla Hotels Inc. Under negotiation:   Price and terms of payment City Attorney Whitham announced that the City Council met in closed session at 5:00 p.m. to discuss the above items, and stated that no reportable action was taken on either item. 5.b. Ordinances Read in Title Only. Mayor Pro Tem Barneich moved, Council Member Storton 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 Declaring November 2019 as National Hospice Palliative Care Month. Mayor Ray Russom presented an Honorary Proclamation declaring November 2019 as National Hospice Palliative Care Month. Diana Federico, representing Hospice of San Luis Obispo County, accepted the Proclamation. 7. COMMUNITY COMMENTS AND SUGGESTIONS Mayor Ray Russom invited public comment. Speaking from the public were Linda Osty, who offered an invocation; and Jamie Sanbonmatsu, regarding the “We Are The Care” of San Luis Obispo County initiative to address the need for local childcare providers, especially during non-traditional work hours. 8. CONSENT AGENDA Mayor Ray Russom asked the Council if they had any questions or would like to pull any items for further discussion. Council Members George and Storton stated they had questions regarding Item 8.c., and Mayor Ray Russom stated she had a question regarding Item 8.e. In response to questions regarding Item 8.c. (Approval of Amendment to Extend the Agreement for Consultant Services with Wood Rodgers, Inc. for the Brisco Interchange Project) as it relates to the sound walls, City Engineer Dickerson explained that pursuant to a Caltrans requirement, ballots were sent to benefited receptors to determine if sound walls could be removed from the project, and that due to the critical timeframe, it was determined to leave the sound walls in the project documents since a majority of the ballots had not been received either for or against the sound walls. She explained that during the design phase, with input from the benefited receptor group, it could be determined whether or not it was practical to keep the sound walls in the project. In response to questions regarding Item 8.e. (Approval of an Agreement for Consultant Services with PlaceWorks Inc. to Assist the City with the 2020 Housing Element Update), City Manager Bergman explained that every five years a City must update its Housing Element. He referred to the Council’s recent approval for submittal of an application for SB2 grant funds to implement new housing goals and that this funding is connected with how the City is going to implement new policies and programs to ensure that more housing is built. He stated that while the State allows use of SB2 grant funds for Housing Element updates, the SB2 grant funds would be utilized to implement new housing policies and projects. Brief comments ensued regarding the Housing Element update process, public input, accessory dwelling units, and tiny homes. Mayor Ray Russom invited public comment on the consent agenda items. No public comments were received. Action: Mayor Pro Tem Barneich moved, and Council Member Paulding seconded the motion to approve Consent Agenda Items 8.a. through 8.e., with the recommended courses of action. The motion passed on the following roll-call vote: AYES: Barneich, Paulding, Storton, George, Ray Russom NOES: None ABSENT: None 8.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period October 16, 2019 through October 31, 2019. 8.b. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council Meetings of October 8, 2019 and October 22, 2019, and the Special City Council Study Session of October 29, 2019, as submitted. 8.c. Consideration of Approval of Amendment to Extend the Agreement for Consultant Services with Wood Rodgers, Inc. for the Brisco Interchange Project. Action: Approved and authorized the Mayor to execute Amendment No. 16 to the Consultant Services Agreement with Wood Rodgers, Inc. to extend the contract expiration date to June 30, 2020, to allow the consultant additional time to complete the contracted scope of services. 8.d. Consideration of Amendment No. 2 to Agreement for Countywide Animal Services Shelter. Action: Approved and authorized the City Manager to execute Amendment No. 2 to the Agreement for Allocation of Construction and Financing Costs for a Countywide Animal Services Shelter. 8.e. Consideration of Approval of an Agreement for Consultant Services with PlaceWorks Inc. to Assist the City with the 2020 Housing Element Update. Action: Approved and authorized the Mayor to execute an Agreement for Consultant Services with PlaceWorks Inc. to assist the City with the Housing Element Update. 9. PUBLIC HEARINGS None. 10. OLD BUSINESS None. 11. NEW BUSINESS By consensus, the following item was reordered and heard prior to Item 11.a. 11.b. City Council Compensation Review and Direction. City Manager Bergman presented the staff report and recommended that the Council receive information on current Council salaries and benefits and provide direction as to any modification to the amount of monthly Council member salary (“stipend”); provide direction regarding additional monthly compensation for the Mayor pursuant to State law; and if adjustments are desired, direct staff to return to the Council with an ordinance. Staff responded to questions from Council. Mayor Ray Russom invited public comment. Speaking from the public were Sandra Bocchiccio, in opposition to an increase in council salary and providing health insurance; Heather Jensen, opposed providing the Council with health insurance, stated that compensation should be equal among all members of the Council, and commented on additional compensation council members receive for serving on regional boards; Coleen Kubel, expressed concern about the City’s budget, proposed increases in taxes, and the Council’s obligation to take care of the residents and the budget first, and opposed the timing for an increase; Patty Welsh, opposed the full 60% increase and stated that the amount should be cut back; Patricia Price, acknowledged the hard work of the Council but opposed spending any more money, referred to recent staffing and budget cuts, and agreed that now is not the time for an increase in salary; Mike Drees, acknowledged the Council is underpaid and a raise is deserved, expressed concern about the budget, and stated now is not the time for a salary increase; and Linda Osty, stated it would cost the City about $1,500 per month for all five council members, the salary has not been raised for many years, healthcare costs have gone up over 60%, that she would not want the Council’s job for the current amount of money, and thanked the Council for their work. No further public comments were received. Extensive Council comments and discussion ensued regarding current council member salaries; the extended length of time since the last increase; increases in the cost of living; whether or not this is the right time to be considering an increase; if an increase should be revisited in the future or if the effective date of the increase should occur in 2022 instead of 2020; that an increase might encourage those in the community who could not otherwise afford to serve on the City Council, which could result in a broader representation of residents on the Council in the future. Action: Mayor Pro Tem Barneich moved to direct staff to proceed with preparing and bringing forth an Ordinance modifying the monthly salary for Council Members in the amount of $648 per month with the change in salary to become effective in December 2020 after the next General Municipal Election, and further, to add the additional mayor salary of $150 per month to be effective in December 2020; and to note for the record that the pay has not been increased in 22 years. Mayor Ray Russom seconded the motion. Following brief discussion regarding the effective date, the motion passed on following roll call vote: AYES: Barneich, Ray Russom, Storton NOES: Paulding, George ABSENT: None Mayor Ray Russom called for a break at 7:56 p.m. The Council reconvened at 8:03 p.m. 11.a. Consideration of Introduction of an Ordinance Prohibiting the Sale and Distribution of Electronic Cigarettes and Vaping Products that Require, but Have Not Received a Food and Drug Administration Order Approving Their Marketing and an Ordinance Prohibiting the Possession of all Tobacco Products and Paraphernalia by Persons Under Twenty-One. City Attorney Whitham presented the staff report and recommended that the Council consider introducing an ordinance prohibiting the sale and distribution of electronic cigarettes and vaping products and an ordinance prohibiting the possession of all tobacco products and paraphernalia by persons under twenty-one. City Attorney Whitham and staff responded to questions from Council. Mayor Ray Russom invited public comment. No public comments were received. Council comments ensued regarding the Ordinances, whether or not online retail sales should be excluded; concerns regarding enforcement and penalties; that local regulations would provide the City’s law enforcement with a legal tool for education and enforcement in the schools; how notification will be provided to retailers; that County Public Health has staff to assist local jurisdictions with retailer compliance; and shortening the six-month compliance period for compliance. Action: Mayor Pro Tem Barneich moved to introduce an Ordinance prohibiting the sale and distribution of electronic cigarettes and vaping products, as modified to become effective in three months and to exclude online sales, and requesting a one year look back with a summary of data from Arroyo Grande High School; and to introduce an Ordinance prohibiting the possession of all tobacco products and paraphernalia by persons under twenty-one. Brief discussion ensued clarifying that the effective date of the Ordinance prohibiting the sale and distribution of electronic cigarettes and vaping products would be three months from its adoption. Mayor Ray Russom seconded the motion. City Attorney Whitham read the full titles of the Ordinances, as follows: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 8.36 OF THE ARROYO GRANDE MUNICIPAL CODE TO PROHIBIT THE SALE AND DISTRIBUTION TO ANY PERSON IN ARROYO GRANDE ELECTRONIC CIGARETTES AND VAPING PRODUCTS THAT REQUIRE, BUT HAVE NOT RECEIVED, A FOOD AND DRUG ADMINISTRATION ORDER APPROVING THEIR MARKETING”, as modified; and “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADDING SECTION 8.36.060 TO CHAPTER 8.36 OF TITLE 8 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO POSSESSION OF TOBACCO PRODUCTS BY PERSONS UNDER TWENTY-ONE”. The motion passed on following roll call vote: AYES: Barneich, Ray Russom, Paulding, Storton, George NOES: None ABSENT: None 12. COUNCIL COMMUNICATIONS Mayor Ray Russom acknowledged and thanked City Attorney Whitham and Administrative Services Director Esenwein for their service to the City, wished them the best in their future positions, and stated they will be missed. Mayor Pro Tem Barneich thanked Administrative Services Director Esenwein for her dedicated service to the City and City Attorney Whitham for her dedication, professionalism and responsiveness and wished them both well. Council Member Paulding agreed and thanked City Attorney Whitham for her responsiveness and wished her the best of luck in her new position, and thanked Director Esenwein for everything she has done for the City. Council Member George echoed the comments, and thanked City Attorney Whitham for her calm, reasonable manner and expressed appreciation for her thorough and meticulous work. Council Member Storton acknowledged that City Attorney Whitham is an Arroyo Grande resident, thanked her for her service to the City and her calm manner in dealing with critical issues, and also thanked Administrative Services Director Esenwein for her expertise and professionalism. City Attorney Whitham thanked the previous Council and this Council for the opportunity to serve as City Attorney and stated she viewed it as a privilege and an honor and thoroughly enjoyed it. She said as a resident of Arroyo Grande, she is invested in the community, her children go to school here, and she really enjoyed getting to know the Council, City staff, and citizens. Council Member George thanked the City for providing the opportunity for her and Council Member Storton to attend the Economic Forecast and provided a brief report. Minutes:City Council Meeting Page 7 Tuesday, November 12, 2019 Mayor Ray Russom commented on the hard work of the Council and expressed appreciation for the professionalism and dedication of the Council. 13. CLOSED SESSION None. 14. ADJOURNMENT There being no further business to come before the City Council, Mayor Ray Russom adjourned the meeting at 9:00 p.m. �■ fA g- . - om, Mayor ATTEST: Ithitatatf�.r. - Kelly e. re, City Clerk (Approved at CC Mtg ll1-219-20t1 )