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Minutes 2020-08-18 SP ACTION MINUTES SPECIAL MEETING OF THE CITY COUNCIL TUESDAY, AUGUST 18, 2020 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA In compliance with the State and County Shelter at Home Orders due to the coronavirus pandemic, and as allowed by the Governor's Executive Order N-29-20, which allows for a deviation of teleconference rules required by the Ralph M. Brown Act, this meeting was held by teleconference. 1. CALL TO ORDER Mayor Ray Russom called the Special City Council Meeting to order at 6:00 p.m. via teleconference. 2. ROLL CALL Council Members Lan George, Jimmy Paulding, Kristen Barneich, Mayor Pro Tem Keith Storton, and Mayor Caren Ray Russom were present via teleconference. Staff members present via teleconference were Acting City Manager Bill Robeson and City Attorney Timothy Carmel. Acting Deputy City Manager Whitney McDonald, City Clerk Kelly Wetmore, and Information Technology Manager Walt Cuzick were present in the Council Chambers. 3. FLAG SALUTE Mayor Ray Russom led the flag salute. 4. PUBLIC COMMENT Mayor Ray Russom stated that public comment is limited to items on this agenda and that to allow time for members of the public to call in, public comment would be heard during item 6.a. 5. CLOSED SESSION ANNOUNCEMENTS: Regular Meeting of August 11. 2020 a) Public Employee Performance Evaluation pursuant to Government Code Section 54957(b)(1): Titles: Acting City Manager and Acting Deputy City Manager b) Public Employment pursuant to Government Code Section 54957(b)(1): Title: City Manager c) Conference with Labor Negotiators pursuant to Government Code Section 54957.6: Agency Designated Representative: City Attorney Unrepresented Employees: Acting City Manager and Acting Deputy City Manager City Attorney Carmel reported that the City Council met to discuss the performance of the Acting City Manager and the Acting Deputy City Manager, how best to fill the City Manager position, the compensation of the next City Manager, and that there was no formal action to report. Minutes of City Council Special Meeting August 18, 2020 Page 2 6. BUSINESS ITEMS: 6.a. Consideration of Appointment of Officers and Cancellation of the November 3, 2020 Consolidated General Municipal Election. Recommended Action: Pursuant to Election Code Section 10229, as there were not more candidates than offices to be elected as of the close of the official nomination period on August 7, 2020, it is recommended that the City Council adopt a Resolution providing for the appointment to the offices of the City that were to be elected on Tuesday, Novem- ber 3, 2020 and cancel the Consolidated General Municipal Election. City Clerk Wetmore presented the staff report. City Attorney Carmel advised the Council regarding changes in Fair Political Practices Commission (FPPC) policy regarding conflict of interest regulations that allow incumbents the ability to vote on their appointment to elected office under the provisions of Election Code Section 10229. Acting Deputy City Manager McDonald summarized the information presented by the City Clerk and City Attorney, reviewed the options before the Council with regard to the election, and recommended that based on the fact that there is only one candidate for each office and in light of the estimated cost savings involved, it is recommended the Council move forward with adopting the Resolution to appoint the candidates and cancel the election. Staff responded to questions from Council. Mayor Ray Russom invited public comment. Speaking from the public was Julie Tacker, who referred to supplemental information published on the City website prior to the meeting from former Council Member Tim Brown regarding an issue that was not on the agenda, stated he had given her authority to speak on his behalf to ask that the Council proceed with the election to give write-in candidates and democracy a chance, and in addition, he asked the Council to agendize the City's responses to the public records act policy as it relates to production of text messages. With regard to her own public comments, Ms. Tacker requested the Council take no action and proceed with the municipal election, and stated she had personally talked to two people who asked about the write-in process. Additional public comment was received from Linda Busek, in support of cancelling the municipal election, appointing the candidates to office, and spending the money by supporting local businesses with enlarged or enhanced parklets or keeping it in reserve to maintain jobs and city services; Virginia Roof, in support of cancelling the municipal election; Dale Hansen, spoke regarding Senate Bill 323 passed in 2019 relating to Homeowner Association elections; Sarah Sharlot, in support of cancelling the election; Frank Schiro, in support of cancelling the election; Manetta Bennett, in support of cancelling the election; and Kelly, who commented she didn't see any announcements regarding the election deadlines, asked for clarification regarding the Mayor's statement regarding contact with a potential candidate, and asked for clarification regarding election costs. City Clerk Wetmore read into the record written correspondence received from Brittny Field, Maggie Linden, and Greg Cottrell in support of cancelling the election. No further public comments were received. In response to questions posed by the public, City Clerk Wetmore explained that the County bills the City for its costs to conduct the consolidated municipal election; and Mayor Ray Russom clarified that she was not contacted by anyone asking about the write-in candidate process and explained that she did reach out to a potential candidate who had pulled papers and had not yet returned them, and provided context for the communication. Action: Mayor Pro Tem Storton moved to adopt a Resolution entitled: "A RESOLUTION OF THE CITY OF ARROYO GRANDE PROVIDING FOR THE APPOINTMENT TO THE OFFICES OF THE CITY OF ARROYO GRANDE THAT WERE TO BE ELECTED ON TUESDAY, NOVEMBER 3, 2020". Council Member Paulding seconded, and the motion passed on the following roll-call vote: Minutes of City Council Special Meeting August 18, 2020 Page 3 AYES: Storton, Paulding, Barneich, George, Ray Russom NOES: None ABSENT: None 7. ADJOURNMENT: There being no further business to come before the City Council, Mayor Ray Russom adjourned the meetin• at 7:01 p.m. CA; Caren Ray us•om, Mayor ATTEST: � I i Dnp Kelly We ore,!t ity Clerk l�� (Approved at CC Mtg �'e'2.0 743 )