Minutes 2014-10-28 ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, OCTOBER 28, 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 6:03 p.m.
2. ROLL CALL
City Council: Council Member Kristen Barneich, Council Member Joe Costello, Mayor
Pro Tern Jim Guthrie, and Mayor Tony Ferrara were present. Council
Member Tim Brown was absent.
City Staff Present: City Manager Steven Adams, City Attorney Tim Carmel, Director of
Legislative and Information Services/City Clerk Kelly Wetmore, Public
Works Director Geoff English, Director of Administrative Services Debbie
Malicoat, Associate Planner Kelly Heffernon, and Director of Community
Development Teresa McClish.
3. FLAG SALUTE
Representatives from Girl Scout Troop 41071 led the Flag Salute.
4. INVOCATION
Pastor David Burgeson, First United Methodist Church, delivered the invocation.
5. AGENDA REVIEW
5.a. Closed Session Announcements.
Mayor Ferrara reported that on Tuesday, October 14, 2014, after meeting in Closed Session
regarding the following items, the Council reconvened into open session and announced that no
reportable action was taken:
- 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
- Public Employment pursuant to Government Code Section 54957:
Title: City Manager
5.b. Ordinances Read in Title Only.
Council Member Barneich moved, Council Member Costello 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. Presentation by Economic Vitality Corporation (EVC).
Minutes: City Council Regular Meeting Page 2
Tuesday, October 28, 2014
Michael Manchak, President and CEO, provided an overview of the Economic Vitality
Corporation including the resources its offers to businesses to diversify the local economy,
tourism, demographics, economic challenges, accomplishments to date, focus on the airport
and potential opportunities, goals to increase broadband connectivity service, and an overview
of EVC business partners and its network.
7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS
Speaking from the public were Anna Unkovich, Arroyo Grande, extending gratitude to the
Council, staff, Police, and Fire Department and stated her desire to move forward with City
business; Dane Sensor, expressed concern about businesses feeling intimidated regarding their
choice of political signs and expressed concern about the presence of the Sheriff's Department;
John Spencer, commented on the EVC presentation and his opportunity to open a store in the
City in an area of the City that had been challenging, and hoped that in moving forward, the City
will work to re-establish trust and confidence in growing small businesses, and encouraged the
Council to reach out to the community and business leaders in a town forum in order to create
trust and confidence for the future; Colleen Martin commented on the July 3rd incident and
questioned why the Council is willing to forfeit its good name and the integrity of the City for one
person's indiscretion, commented on why people are questioning the Council's decision making
process on a number of issues, and requested the Council place the City Manager on
administrative leave; Vanessa Andrews, Arroyo Grande, stated she is not a satisfied citizen of
the City after learning about the July 3rd incident and subsequent questionable actions, stated it
was her right to speak and attend meetings, and stated the public is trying to hold the Council
accountable for its actions; Beatrice Spencer, Arroyo Grande, commented that nothing has
changed in the 16 weeks since the July 3`d incident and questioned why the Council has not
placed the City Manager on administrative leave, expressed concerns about the Council's
inability to solve the matter, supported the actions of the Police Department, and urged the
Council to accept the resignation of the City Manager and to hire an interim manager; Patty
Welsh, Arroyo Grande, commented on the July 3rd incident and the negative impacts it has had
on the City and its staff; Otis Page, Arroyo Grande, commented on the approaching election,
why the investigation is taking so long, noted that the Council has a resignation letter from the
City Manager which should be accepted, and called for a financial audit of the City; Colleen
Drees, Arroyo Grande, thanked the Council for its service to the community and noted the
changes that have taken place since 1999, expressed sorrow for things that have happened in
these Chambers, and asked for civility and respect; Cassandra Appleton expressed concerned
about transparency, referred to the 2010 SSLOCSD sewage spill, and expressed concerned
about potential rate increases after the election; Manetta Bennett, Arroyo Grande, thanked the
City Council and staff for all their work over the past years, commented on her long time
residency and business ownership in Arroyo Grande, and commented on the right of those who
live outside the City who may speak on behalf of family who do live in the City; Rudy Xavier,
Arroyo Grande, commented on things that are right in Arroyo Grande, expressed respect for the
Police Department, expressed concern about the constant referral to the July 3rd incident,
commended the financial management of the City over the hard economic times which has
resulted in a stable government, and supported City staff; Rich Hagler, Arroyo Grande, spoke in
support of public safety officials and their vote of no confidence in the Mayor and City Manager
and expressed concerns regarding the July 3rd incident; Janet Talbert, Arroyo Grande, stated
she owes gratitude to the Council for keeping the City out of debt and for its steady leadership,
and thanked City Manager Adams for his years of service; Tom Talbert, Arroyo Grande, spoke
of his long time residency in the City, the changes into a thriving and vibrant City that is known
for its special events, landscaping, volunteerism, and street repair, that this is a result of the
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Tuesday, October 28, 2014
Council and staff's dedication and leadership, and the need for citizens to support the Council
and staff; Ross Kongable, Arroyo Grande, expressed gratitude to the Council and staff for its
outstanding performance and expressed fear for the City's future; Bill McCann, Arroyo Grande,
spoke of his long time residency in the City, supported the Council and staff, and expressed
concerns regarding campaign sign violations and vandalism and stated that placement is the
responsibility of the candidate; Devin Ward, Arroyo Grande, stated that the crosswalk at E.
Grand Avenue and South Alpine was removed and now there is no place to cross the street
from one side to the other on Grand Avenue from Halcyon Road to Traffic Way; Doug Perrin,
San Luis Obispo, stated he had worked for the City for 33 years, acknowledged the speakers for
their willingness to speak, admired the Council and staff for serving the City, and hoped that
when the election is over, the City will move on and heal; Brad Snook, Surfrider Foundation,
spoke of issues relating to the Sanitation District, issues of City policy needing to be addressed,
and acknowledged that Jim Hill is not new to the area and has supported an investigation of the
Sanitation District; Heather Jensen, Arroyo Grande, endorsed comments that have been made
concerning the City, and expressed concern regarding the drought and recent approval of an
agreement for a water conservation program, and noted that there are two major housing
development projects that are coming up on the agenda; LeAnn Akins, Arroyo Grande,
expressed concern about the direction the City is going, stated she wants to be a part of the
community in a bigger way, expressed concern about transparency on major issues facing the
City, expressed concern about policies not being followed, and supported the AGPOA.
8. CONSENT AGENDA
Mayor Ferrara invited public comment on the Consent Agenda. No public comments were
received.
Council Member Barneich requested clarification on Item 8.1. regarding the direction of the
parade route. City Manager Adams explained the change in staging and direction of the parade
route due to traffic issues.
Action: Council Member Costello moved, and Council Member Barneich seconded the motion
to approve Consent Agenda Items 8.a. through 8.m., with the recommended courses of action.
The motion passed on the following roll-call vote:
AYES: Costello, Barneich, Guthrie, Ferrara
NOES: None
ABSENT: Brown
8.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period October 1, 2014 through
October 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 September 30, 2014, as required by Government Code Section 53646(b).
8.c. Consideration of Software Agreement with OpenGov, Inc.
Action: Authorized the City Manager to enter into a Software Agreement with OpenGov,
Inc. and appropriate $4,9000 from the General Fund unreserved balance.
8.d. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular City Council meeting of September 9,
2014 and the Special City Council meeting of September 20, 2014, as submitted.
Minutes: City Council Regular Meeting Page 4
Tuesday, October 28, 2014
8.e. Consideration of Approval of a Master Fiber Agreement with CCO SoCAL, LLC.
Action: 1) Approved a one year Master Fiber Agreement with CCO SoCAL in the
amount of $41,000, as amended; 2) Approved use of $24,000 from budgeted
contingency funds; and 3) and authorized the Mayor to execute the Agreement in a form
approved by the City Attorney.
8.f. Consideration of Resolution to Close Escrow on Sale of Parcel 007-011-052 on Old
Ranch Road.
Action: Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE AUTHORIZING THE SALE OF PARCEL 007-011-
052 ON OLD RANCH ROAD".
8.g. Consideration of Participation as a Special Olympics World Games Host Town.
Action: Approved participating as a Special Olympics World Game Host Town and
direct staff to proceed with plans to organize the necessary activities.
8.h. Consideration of Reciprocal Easement Agreement and Revocable License Related
to Access of Police Station Driveways.
Action: 1) Approved a Reciprocal Easement Agreement for Common Driveway at the
Police Station at 200 North Halcyon Road with T.L. Berryhill and Alva Sue Berryhill,
William J.W. Calder and Candace Calder, as Trustees of the William and Candace
Calder Family Trust, and John Albert Mallory, Trustee of the John Albert Mallory and
Patricia Gail Mallory Trust; and 2) Approved a Revocable License for Ingress and
Egress Purposes with the same parties related to access of the driveway serving the
Police Station at 200 North Halcyon Road.
8.i. Consideration of an Award of Contract to Pickard & Butters Construction, Inc. for
the Corporation Yard Administration Building Project, PW 2013-12.
Action: 1) Awarded a contract for the subject project to Pickard & Butters Construction,
Inc. in the amount of $396,796; 2) Authorized the City Manager to approve change
orders for 10% of the contract amount, $39,680, for unanticipated costs during the
construction phase of the project; and; 3) Directed the City Clerk to file a Notice of
Exemption.
8.j. Consideration of Acceptance of the Reservoir No. 3 Exterior Recoating Project,
PW 2014-13.
Action: 1) Accepted the improvements as constructed by Crosno Construction, 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.k. Consideration of Updated Adopt-A-Park Agreement for the Elm Street Park Off-
Leash Dog Park.
Action: Approved an updated Adopt-A-Park Agreement between the Five Cities Dog
Park Association and the City for operation, maintenance and improvements to the Elm
Street Park Off-Leash Dog Park.
8.1. Consideration of Temporary Use Permit Case No. 14-017 Authorizing the Closure
of City Streets for the Annual Arroyo Grande Village Christmas Parade, November
30, 2014.
Action: Adopted a Resolution, as amended, entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE
PERMIT NO. 14-017 AND AUTHORIZING THE CLOSURE OF CITY STREETS FOR
THE ANNUAL ARROYO GRANDE VILLAGE CHRISTMAS PARADE, NOVEMBER 30,
2014".
Minutes: City Council Regular Meeting Page 5
Tuesday, October 28, 2014
8.m. Consideration of a Resolution Authorizing the Community Development Director
to Execute Agreements with the California Department of Transportation for the
Use of Grant Funds from the Sustainable Transportation Planning Grant Program.
Action: Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE AUTHORIZING THE COMMUNITY
DEVELOPMENT DIRECTOR TO SUBMIT THE GRANT APPLICATION AND TO
EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION FOR THE USE OF GRANT FUNDS FROM THE SUSTAINABLE
TRANSPORTATION PLANNING GRANT PROGRAM".
9. PUBLIC HEARINGS
None.
10. CONTINUED BUSINESS
None.
11. NEW BUSINESS
11.a. Consideration of Consultant Services for City Manager Recruitment.
Administrative Services Director Malicoat presented the staff report and recommended that the
Council: 1) Approve use of $26,000 in contingency funds for consultant services to coordinate
the City Manager recruitment and selection process; and 2) Designate Mayor Ferrara and
Mayor Pro Tern Guthrie to interview and recommend a consultant after proposals are received.
Mayor Ferrara invited public comment. Speaking from the public were Colleen Martin, who
agreed that a consultant is necessary to recruit a new City Manager, acknowledged that the
timeline is aggressive, and recommended the Council hire an Interim City Manager in order to
spend a sufficient amount of time to recruit a City Manager; Vanessa Andrews, who stated that
City Manager Adams should not be part of the selection or training process and agreed that an
Interim City Manager is needed. No further public comments were received.
Action: Council Member Costello moved to: 1) Approve use of $26,000 in contingency funds
for consultant services to coordinate the City Manager recruitment and selection process; and 2)
Designate Mayor Ferrara and Mayor Pro Tem Guthrie to interview and recommend a consultant
after proposals are received. Council Member Barneich seconded, and the motion passed on
the following roll call vote:
AYES: Costello, Barneich, Guthrie, Ferrara
NOES: None
ABSENT: Brown
11.b. Consideration of an Ordinance Adding Section 9.16.072 to Chapter 9.16 of the
Arroyo Grande Municipal Code Relating to Music or Noise after 10:00 P.M. in
Commercial Districts.
City Manager Adams provided a brief background on this item and Council's previous direction
to place this matter on the Agenda.
Minutes: City Council Regular Meeting Page 6
Tuesday, October 28, 2014
Assistant City Attorney Hirsch presented the staff report and recommended the Council
introduce an Ordinance adding Section 9.16.072 to Chapter 9.16 of the Arroyo Grande
Municipal Code adding new regulations relating to music or noise after 10:00- p.m. in
Commercial Districts. Staff responded to questions from Council.
Mayor Ferrara invited public comment. Speaking from the public expressing concerns regarding
the proposed Ordinance were Pete Ruiz, Jr.; Arly Maretti, Ralph & Duane's; Casey O'Connor,
Bill's Place; Marcia Maretti, Ralph & Duane's; and Terry Fowler, Miller Way. No further public
comments were received.
Council discussion ensued regarding the proposed Ordinance as it relates to enforcement on a
complaint basis; revisiting the Ordinance in three months as it relates to the effectiveness of
enforcement; and a suggestion to delay the Ordinance in order to allow the business owners
time to address issues related to late night music.
Action: Council Member Costello moved to introduce an Ordinance entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADDING
SECTION 9.16.072 TO CHAPTER 9.16 OF THE ARROYO GRANDE MUNICIPAL CODE
RELATING TO MUSIC OR NOISE AFTER 10:00 P.M. IN COMMERCIAL DISTRICTS", with
the understanding that the Council will revisit this in three months. Council Member Barneich
seconded, and the motion passed on the following roll call vote:
AYES: Costello, Barneich, Ferrara
NOES: Guthrie
ABSENT: Brown
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)
Minutes: City Council Regular Meeting Page 7
Tuesday, October 28, 2014
(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 noted he would reserve his comments until the end of the meeting.
14. STAFF COMMUNICATIONS
None.
15. COMMUNITY COMMENTS AND SUGGESTIONS
Colleen Martin, Arroyo Grande, encouraged citizens to be involved with every aspect of the City,
to read the local news, expressed concern about the City's failure to act on the inappropriate
behavior of employees, and recommended the Council agendize an action item to create a plan
for how to deal with the damage and fallout as a result of the July 3rd incident and provided
suggestions on how the City can begin to move forward.
In response to earlier public comments, Mayor Ferrara displayed a photo of the tree that fell
across the sidewalk in front of his home while he was out of town and which had been blocking
the sidewalk. Mayor Ferrara stated he was not able to move the tree on his own and was
concerned about a safety hazard in the public right of way. He clarified that he paid for the
removal of the tree by the City's Public Works Department. He expressed concerns about
comments being made in the media regarding this and other matters concerning the City
Council. He stated the Council continues to do the business of the City, that he is very proud to
be a resident of the City, and that efforts to provide stability in the City will continue.
Mayor Ferrara announced that the November 11, 2014 City Council meeting was canceled due
to the holiday, and the next regular meeting would be held on November 25, 2014.
16. CLOSED SESSION:
None.
18. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 8:35 p.m.
Minutes: City Council Regular Meeting Page 8
Tuesday, October 28, 2014
Jim ill, Mayor
EST:
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Kelly -tmo/-, City Clerk
(Approved at CC Mtg /-/3-02x15