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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 Item 8.b. - Page 1 Minutes: City Council Page 2 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. Item 8.b. - Page 2 Minutes: City Council Page 3 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. Item 8.b. - Page 3 Minutes: City Council Page 4 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. Item 8.b. - Page 4 Minutes: City Council Page 5 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. Item 8.b. - Page 5 Minutes: City Council Page 6 Tuesday, August 26, 2014 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 ___________) Item 8.b. - Page 6