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CC 2015-02-10_08a Approval of 01-22-15sp and 01-27-15 CC Minutes ACTION MINUTES SPECIAL MEETING OF THE CITY COUNCIL MONDAY, JANUARY 22, 2015 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER: Mayor Hill called the Special City Council Meeting to order at 7:00 p.m. 2. ROLL CALL: Council Members Barbara Harmon, Tim Brown, Jim Guthrie, Mayor Pro Tem Kristen Barneich, and Mayor Jim Hill were present. Staff members present were Interim City Manager Bob McFall, City Attorney Timothy Carmel, and Director of Legislative and Information Services/City Clerk Kelly Wetmore. 3. FLAG SALUTE Mayor Hill led the flag salute. 4. PUBLIC COMMENT Mayor Hill invited public comment on the Agenda item. Speaking from the public were John McGrath, Arroyo Grande; Patty Welsh, Arroyo Grande; Vanessa Andrews, Arroyo Grande; Aaron Henkel, Arroyo Grande; Leann Akins, Arroyo Grande; Otis Page, Arroyo Grande; Rudy Xavier, Arroyo Grande; Colleen Martin, Arroyo Grande; April McLaughlin, Arroyo Grande; and Shirley Gibson, Halcyon. 5. CITY COUNCIL CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION, significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): potential litigation arising out of Steve Adams’ Employment Agreement. City Attorney Carmel announced that the Council would adjourn to closed session pursuant to Government Code Section 54956.9(d)(2) to discuss Steve Adams’ request for 6 months of severance pay. 4. RECONVENE TO OPEN SESSION: Mayor Hill reconvened the meeting to open session at 9:20 p.m. Interim City Manager McFall reported that the Council met in closed session and has authorized staff to negotiate terms of a resolution in the matter of Steve Adams’ severance pay request that was recently received. 5. ADJOURNMENT: Mayor Hill adjourned the meeting at 9:23 p.m. Item 8.a. - Page 1 Minutes of City Council Special Meeting January 22, 2015 Page 2 _____________________________ Jim Hill, Mayor ATTEST: _____________________________ Kelly Wetmore, City Clerk (Approved at CC Mtg ____________) Item 8.a. - Page 2 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JANUARY 27, 2015 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Hill called the Regular City Council Meeting to order at 6:01 p.m. 2. ROLL CALL City Council: Council Members Barbara Harmon, Tim Brown, Jim Guthrie, Mayor Pro Tem Kristen Barneich, and Mayor Jim Hill were present. City Staff Present: Interim City Manager Bob McFall, City Attorney Tim Carmel, Director of Legislative and Information Services/City Clerk Kelly Wetmore, Public Works Director Geoff English, Director of Community Development Teresa McClish, City Engineer Matt Horn and Accounting Supervisor Ryan Cornell. 3. FLAG SALUTE Lenny Jones, representing Arroyo Grande Rotary Club, led the Flag Salute. 4. MOMENT OF REFLECTION 5. AGENDA REVIEW 5.a. None. 5.b. Ordinances Read in Title Only. Council Member Guthrie moved, Council Member Brown 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 100th Anniversary of Kiwanis International and Recognizing the Arroyo Grande Valley Kiwanis Club for its Service. Mayor Hill presented an Honorary Proclamation celebrating the 100th Anniversary of Kiwanis International and recognizing the Arroyo Grande Valley Kiwanis Club for its Service. Kiwanis Member Anne McCracken accepted the Proclamation. 6.b. Presentation by Moss, Levy and Hartzheim LLP of the City’s Comprehensive Annual Financial Report (CAFR). Alexander Hom, Moss, Levy and Hartzheim, presented the City’s Comprehensive Annual Financial Report and responded to questions from Council. 7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS Mayor Hill invited public comment. Speaking from the public were Randy Ouimette, Arroyo Grande, regarding elected official responsibilities and offered an invocation; Fred Collins, Northern Chumash Council, regarding a proposed marine sanctuary protecting the County’s ocean resources and requested the City Council consider a letter of support for the project; Brad Item 8.a. - Page 3 Minutes: City Council Regular Meeting Page 2 Tuesday, January 27, 2015 Snook, Surfrider Foundation, regarding a proposed marine sanctuary in the County and also requested the City Council write a letter of support. 8. CONSENT AGENDA Mayor Hill invited public comment on the Consent Agenda. No comments were received. Council Member Brown requested Item 8.f. be pulled. Action: Council Member Guthrie moved, and Mayor Pro Tem Barneich seconded the motion to approve Consent Agenda Items 8.a. through 8.h., with the exception of Item 8.f., with the recommended courses of action. The motion passed on the following roll-call vote: AYES: Guthrie, Barneich, Brown, Harmon, Hill NOES: None ABSENT: None 8.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period January 1, 2015 through January 15, 2015. 8.b. Consideration of Statement of Investment Deposits. Action: Received and filed the report listing the current investment deposits of the City, as of December 31, 2014, as required by Government Code Section 53646(b). 8.c. Consideration of Annual Financial Report - Fiscal Year 2013-14 Receipt and Use of Water and Sewer Capacity and Connection Fees/Charges. Action: Received and filed the annual report of the receipt and use of water and sewer capacity and connection fees and charges, in compliance with Government Code Section 66013. 8.d. Consideration of Resolution Accepting the Status Report on Development Impact Fees (AB 1600). Action: Adopted a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING THE STATUS REPORT ON DEVELOPMENT IMPACT FEES (AB-1600)”. 8.e. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council meeting of January 13, 2015, as submitted. 8.g. Consideration of an Additional Appropriation for the Design Engineer of the Old Ranch Road Improvements (Tract 3018), Project PW 2013-10. Action: Appropriated an additional $2,500 from the General Fund to the Old Ranch Road Property Improvements Project budget for additional closeout expenses to the design engineer. 8.h. Consideration of Approval of Final Tract Map 2346 Phase 1; Applied for by Adai r and Ann Brown; Creekside Center Phase I. Action: Approved Final Tract Map 2346, Phase I; applied for by Adair and Ann Brown; Creekside Center Phase 1. ITEMS PULLED FROM THE CONSENT AGENDA 8.f. Consideration of Council Appointments to Various City Commissions, Committees and Boards. Item 8.a. - Page 4 Minutes: City Council Regular Meeting Page 3 Tuesday, January 27, 2015 City Clerk Wetmore presented the staff report and recommended the City Council approve appointments to various City Commissions, Boards, and Committees. Council Member Harmon introduced each of her recommended appointments/reappointments, as follows: Terry Fowler-Payne (Planning Commission), Jen Jensen (Parks and Recreation Commission), Janette Pell (Traffic Commission), Noreen Vance (Downtown Parking Advisory Board), Warren Hoag (Architectural Review Committee), and Vincent Allan (Historical Resources Committee). Council Member Brown introduced each of his recommended appointments/reappointments, as follows: Glenn Martin (Planning Commission), Jim Carson (Traffic Commission), Kari Ziegler (Downtown Parking Advisory Board), Bruce Berlin (Architectural Review Committee), and Bill Hart (Historical Resources Committee). Council Member Guthrie introduced his recommended appointments to fill two unscheduled vacancies, as follows: Kenneth Price (Traffic Commission), and Chuck Fellows (Historical Resources Committee). Mayor Pro Tem Barneich introduced her recommended appointment to fill an unscheduled vacancy, as follows: Shirley Gibson (Historical Resources Committee). Mayor Hill introduced each of his recommended appointments/reappointments, as follows: John Mack (Planning Commission), Patty Welsh (Parks and Recreation Commission), Aaron Henkel (Traffic Commission), Mike Zimmerman (Downtown Parking Advisory Board), John Rubatzky (Architectural Review Committee), and Norma Harloe (Historical Resources Committee). Mayor Hill thanked the outgoing Commissioners, Board and Committee Members for their service to the City and announced that a presentation would be made to recognize their years of service at the next City Council meeting. Action: Council Member Brown moved to approve the appointments to various City Commissions, Boards and Committees. Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Brown, Guthrie, Harmon, Barneich, Hill NOES: None ABSENT: None 9. PUBLIC HEARINGS None. 10. CONTINUED BUSINESS None. 11. NEW BUSINESS 11.a. Selection of Alternatives for Environmental Study for the Bridge Street Bridge Improvement Project; and Consideration of Amendment No. 2 to Consultant Services Agreement with Quincy Engineering, Inc. and Budget Amendment. Item 8.a. - Page 5 Minutes: City Council Regular Meeting Page 4 Tuesday, January 27, 2015 Community Development Director McClish presented the staff report, summarizing work that has been accomplished to date for the project, and recommended that the Council: 1) Select two alternatives with which to proceed for environmental study for the Bridge Street Bridge Improvement Project: a) replace the existing supplemental truss with a new supplemental truss as the rehabilitation alternative; and b) construct a new conventional bridge with historic features as the replacement alternative for environmental study; 2) Authorize the Mayor to execute Amendment No. 2 to the Consultant Services Agreement with Quincy Engineering, Inc.; and 3) Appropriate an additional $563,500 of Local Highway Bridge Program (HBP) grant funds in the Capital Improvement Program budget for the preliminary engineering phase of the project. Greg Young, Quincy Engineering, provided the background and history of the Bridge Street Bridge and its existing condition and presented the proposed replacement design options 1, 2, and 3. Mark Reno, Quincy Engineering, reviewed rehabilitation design options 4a and 4b and a do nothing option 5; reviewed advantages and disadvantages of options 1, 2, 3, 4a and 4b; provided a review of construction activities and traffic detour routes while the bridge is closed; reviewed next steps in the process starting with environmental studies of two alternatives; and reviewed the project schedule. Staff and consultants responded to questions regarding guard railing on the bridge; timeline for environmental review; clarification regarding the bridge trusses; width of the bridge; clarification regarding traffic counts; environmental review and maintenance issues. Mayor Hill invited public comment. Speaking from the public were Shirley Gibson, Bennett Loomis Archives, who displayed historical photos of the Swinging Bridge, Mason Street Bridge, PC Railway Bridge, unpaved Branch Street, and Bridge Street Bridge, and supported preservation and rehabilitation of the Bridge Street Bridge; Aaron Henkel, Arroyo Grande, acknowledged the historical nature of the bridge, commented on the life cycle of the bridge, expressed concerns about environmental impacts to the creek, suggested finding alternative uses for the bridge structure someplace else and make the street so it can carry full vehicle loads now and into the future; Marrgo Rosato, Siena Home Boutique, asked the Council to consider businesses on Bridge Street as it relates to closure of the bridge and supported a pedestrian bridge during construction to provide access to the businesses; Cindy Hansen, Arroyo Grande, supported preservation of the bridge; Manetta Bennett, Arroyo Grande, submitted a petition with 1,100 signatures supporting rehabilitation of the existing bridge; John Mack, Arroyo Grande, commented on average daily trip numbers, was interested in the option for a one-way bridge, did not support narrowing of the bridge with the rail, and supported preserving the bridge; Rod Gibson, requested cost breakdowns for all the options to show why options 4a and 4b are so much more than option 1; Steve Ross, Arroyo Grande, expressed concerns regarding safety as it relates to the project, specifically if it is a one-way street; stated the bridge is designated by Lucia Mar School District as an evacuation route for schools, commented on funding for the project, future maintenance costs, supported building a safe bridge which incorporates historical elements and retains grant funding; Chuck Fellows, Arroyo Grande, noted members of Friends of the Bridge Street Bridge who were present in support of saving the bridge, supported rehabilitation of the bridge, supported the recommendation for the two alternatives to proceed with environmental review, supported retention of the bridge on the National Historic Register, and spoke of the advantages of rehabilitation; Mark Pelletier, Nipomo and Arroyo Grande Village business owner, asked why a 30 ft wide bridge was not an option; Item 8.a. - Page 6 Minutes: City Council Regular Meeting Page 5 Tuesday, January 27, 2015 Polly Loomis-Fitzgerald, submitted a petition from Change.org with 1,500 signatures supporting preservation of the bridge; Randy Russom, Arroyo Grande, supported preservation of the bridge, supported consideration of the one-way option, commented on issues regarding the creek and the need for hydrologic studies, and acknowledged impacts to businesses during construction. No further public comments were received. Council comments ensued regarding the alternative design options; clarification that a one-way traffic option will be considered during the design phase; clarification on why two options are being recommended for environmental study; and the need to help businesses during construction. Action: Council Member Harmon moved to select option 2 to salvage and relocate truss on new bridge and option 4b to replace existing supplemental truss with new supplemental truss to proceed for environmental study for the Bridge Street Bridge improvement project; authorize the Mayor to execute Amendment No. 2 to the Consultant Services Agreement with Quincy Engineering, Inc.; and appropriate an additional $563,500 of Local Highway Bridge Program grant funds in the Capital Improvement Program budget for the preliminary engineering phase of the project. Mayor Pro Tem Barneich seconded, and the motion passed on the following roll call vote: AYES: Harmon, Barneich, Guthrie, Brown, Hill NOES: None ABSENT: None 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 Hill: (1) South San Luis Obispo County Sanitation District (SSLOCSD) (2) Brisco/Halcyon Interchange Subcommittee (3) Oversight Board to the Successor Agency to the Dissolved Arroyo Grande Redevelopment Agency (4) California Joint Powers Insurance Authority (CJPIA) (5) Other (b) Mayor Pro Tem Barneich: (1) Zone 3 Water Advisory Board (2) Homeless Services Oversight Council (HSOC) (3) Other (c) Council Member Guthrie: (1) San Luis Obispo Council of Governments/Regional Transit Authority (SLOCOG/RTA) (2) South County Transit (SCT) (3) Tourism Committee (4) Brisco/Halcyon Interchange Subcommittee (5) California Joint Powers Insurance Authority (CJPIA) (6) Other Item 8.a. - Page 7 Minutes: City Council Regular Meeting Page 6 Tuesday, January 27, 2015 (d) Council Member Brown: (1) Integrated Waste Management Authority Board (IWMA) (2) Economic Vitality Corporation (EVC) (3) Other (e) Council Member Harmon: (1) County Water Resources Advisory Committee (WRAC) (2) Air Pollution Control District (APCD) (3) Five Cities Fire Authority (FCFA) (4) Other 13. COUNCIL COMMUNICATIONS Mayor Pro Tem Barneich requested the Council agendize the Northern Chumash Tribal Council’s request for a letter of support to submit to the San Luis Obispo Board of Supervisors regarding the proposed marine sanctuary. She also referred to staffing in Public Works, specifically in the area of parks maintenance, and requested that the City review staffing needs during the budget process. Council Member Harmon announced that she received correspondence from Oasis Associates Inc. regarding an East Cherry Avenue Neighborhood meeting involving the East Cherry Avenue Specific Plan to be held on Saturday, January 31, 2015 from 10 a.m. to Noon, at 490 East Cherry Avenue; that specific proposals and the permitting process would be presented by Mangano Homes Inc.; and that Arroyo Grande Valley Japanese Welfare Association would also be available for questions and comments. Mayor Hill stated that Fiona Ma, State Board of Equalization representative, would be visiting the area to interact with business owners and to help with comments and suggestions related to sales taxes and business taxes. 14. STAFF COMMUNICATIONS None. 15. COMMUNITY COMMENTS AND SUGGESTIONS Patty Welsh, Arroyo Grande, spoke regarding the water level at Lopez and requested more information on drought standards. Interim City Manager McFall responded that a report relating to that topic will be presented to the Council next month. 15. ADJOURN TO CLOSED SESSION: Mayor Hill invited public comment. No public comments were received. At 9:07 p.m., Mayor Hill adjourned the open session and the Council proceeded to closed session. 16. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION, significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): potential litigation arising out of Steve Adams’ Employment Agreement. Item 8.a. - Page 8 Minutes: City Council Regular Meeting Page 7 Tuesday, January 27, 2015 17. RECONVENE TO OPEN SESSION: City Attorney Carmel announced that the Council voted 5-0, motioned by Council Member Guthrie and seconded by Council Member Barneich, to settle potential litigation arising out of Steve Adams’ Employment Agreement. The City will make a lump sum payment equal to four months of salary and benefits as defined in the Employment Agreement, in the total amount of $71,073. Mayor Hill stated that the Council heard and considered the comments made throughout the past months from members of the public and appreciated the different opinions of those who came and offered their thoughts and concerns. He stated the Council took that into closed session during the deliberation process, along with the totality of the circumstances which included previous actions, matters of law, contract requirements, and Mr. Adams’ previous service to the community. He concluded that the Council came to a carefully considered solution based on all the facts and what was in the best overall interest of the community, the employees, and the City going forward. He stated there are lessons to be learned from this, City policies will be reviewed and some may be changed or created, but it is time to move forward with the business of the City; and the Council thanked all the members of the public and requested them to join in looking forward to the future of Arroyo Grande and shaping that future. 18. ADJOURNMENT Mayor Hill adjourned the meeting at 9:43 p.m. _____________________________ Jim Hill, Mayor ATTEST: _____________________________ Kelly Wetmore, City Clerk (Approved at CC Mtg __________) Item 8.a. - Page 9 THIS PAGE INTENTIONALLY LEFT BLANK Item 8.a. - Page 10