08.d. MinutesACTION MINUTES
REGULAR MEETING OF THE CITY COUNClUClTY AS SUCCESSOR AGENCY
TO THE DISSOLVED ARROYO GRANDE REDEVELOPMENT AGENCY
TUESDAY, JULY 10,2012
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Ferrara called the Regular City CouncilICity as Successor Agency to the Dissolved
Arroyo Grande Redevelopment Agency meeting to order at 6:09 p.m.
2. ROLL CALL
City Council: Council Member Caren Ray, Council Member Jim Guthrie, Council
Member Joe Costello, Mayor Pro Tem Tim Brown, and Mayor Tony
Ferrara were present.
City Staff Present: City Manager Steven Adams, City Attorney Timothy Carmel, Deputy City
Clerk Kitty Norton, Director of Administrative Services Angela Kraetsch,
Director of Recreation and Maintenance Services Doug Perrin, Chief of
Police Steven Annibali, Associate Planner Ryan Foster, and Associate
Planner Kelly Heffernon were present.
3. FLAG SALUTE
Loni Kuentzel from Arroyo Grande Valley Kiwanis Club led the Flag Salute.
4. INVOCATION
Dr. Mayer-Harnisch, Bahai Faith, delivered the invocation.
5. AGENDA REVIEW
5.a. Closed Session Announcements.
Mayor Ferrara announced that on Tuesday, June 26, 2012, after meeting in Closed Session
regarding:
Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
Agency Negotiator: Steven Adams, City Manager
Represented Employees: Arroyo Grande Police Officers' Association
Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
Agency Negotiator: Steven Adams, City Manager
Represented Employees: Service Employees International Union (SEIU) Local 620
Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
Agency Negotiator: Steven Adams, City Manager
Unrepresented Employees: Management Employees
the City Council reconvened into open session and announced there was no reportable action
taken.
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Tuesday, July 10,2012
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5.b. Ordinances Read in Title Only.
Mayor Pro Tem Brown moved, Council Member Ray 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.
City Attorney Carmel requested the Council and Successor Agency Board each consider adding
two emergency items to the agenda. He explained that under the Brown Act, the Council is
allowed to add items to the Agenda if there is a need to take immediate action and if the need to
take action arose after the agenda was posted. He then explained the circumstances and
recommended that the Council: 1) Hold a closed session to consider initiation of litigation
pursuant to Government Code Section 54956.9(c); and 2) Add an agenda item to consider
options to address the Department of Finance's disallowance and how to satisfy the payment
requirement by the July 12, 2012 deadline.
ClTY COLlNClL
Action: Council Member Guthrie moved that there is a need to take immediate action which
came to the City's attention after the agenda was posted. Council Member Costello seconded,
and the motion passed on the following roll-call vote:
AYES: Guthrie, Costello, Ray, Brown, Ferrara
NOES: None
ABSENT: None
SUCCESSOR AGENCY
Action: Mayor Pro Tem Brown moved that there is a need to take immediate action that came
to the Successor Agency to the Dissolved Arroyo Grande Redevelopment Agency's attention
after the agenda was posted. Council Member Guthrie seconded, and the motion passed on
the following roll-call vote:
AYES: Brown, Guthrie, Costello, Ray, Ferrara
NOES: None
ABSENT: None
ClTY COUNCIL
Action: Council Member Costello moved to add closed session Agenda Item 18.e. as follows:
Consideration of Initiation of Litigation pursuant to Government Code Section 54956.9(c).
Council Member Guthrie seconded, and the motion passed on the following roll-call vote:
AYES: Costello, Guthrie, Ray, Brown, Ferrara
NOES: None
ABSENT: None
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SUCCESSOR AGENCY
Action: Council Member Costello moved to add closed session Agenda ltem 18.e. as follows:
Consideration of Initiation of Litigation pursuant to Government Code Section 54956.9(c).
Council Member Guthrie seconded, and the motion passed on the following roll-call vote:
AYES: Costello, Guthrie, Ray, Brown, Ferrara
NOES: None
ABSENT: None
CITY COUNCIL
Action: Council Member Costello moved to add Agenda ltem 19.a. as follows: Consideration of
Compliance with the State Department of Finance's lnterpretation of the Successor Agency
Payment Obligation Under AB 1484 and Appropriate Funding for Potential Legal Action.
Council Member Guthrie seconded, and the motion passed on the following roll-call vote:
AYES: Costello, Guthrie, Ray, Brown, Ferrara
NOES: None
ABSENT: None
SUCCESSOR AGENCY
Action: Council Member Costello moved to add Agenda ltem 19.a. as follows: Consideration of
Compliance with the State Department of Finance's lnterpretation of the Successor Agency
Payment Obligation Under AB 1484 and Appropriate Funding for Potential Legal Action.
Council Member Guthrie seconded, and the motion passed on the following roll-call vote:
AYES: Costello, Guthrie, Ray, Brown, Ferrara
NOES: None
ABSENT: None
6. SPECIAL PRESENTATIONS
6.a. Presentation by South San Luis Obispo County Sanitation District
Mayor Ferrara announced that item 6.a. has been postponed until the next City Council meeting
on August 14, 201 2.
Mayor Ferrara reported that the America In Bloom judges have been touring the City and
introduced Bob Lund and the judges.
7. CITIZENS' INPUT, COMMENTS. AND SUGGESTIONS
Speaking from the public were Patty Welsh, Pradera Court, provided Council with pictures of
merchants with signs on sidewalks; Geoff Straw, Executive Director RTA, introduced himself to
the Council; Brad Snook, Surfrider Foundation, spoke regarding the Sanitation District; Otis
Page, Myrtle Street, questioned emergency items; and Jeff Pinak, Oceano, Surfrider
Foundation, spoke regarding the Sanitation District.
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8. CONSENT AGENDA
Mayor Ferrara invited public comment on the Consent Agenda. There were no comments
received and the public comment period was closed.
Action: Council Member Guthrie moved, and Council Member Costello seconded the motion to
approve Consent Agenda Items 8.a. through 8.j., with the recommended courses of action. The
motion passed on the following roll-call vote:
AYES: Guthrie, Costello, Ray, Brown, Ferrara
NOES: None
ABSENT: None
Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period June 16, 2012 through
June 30, 2012.
Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular City Council/Successor Agency to the
Dissolved Arroyo Grande Redevelopment Agency meetings of June 12, 2012 and June
26, 201 2, as submitted.
Consideration of Approval of Minutes. [SUCCESSOR AGENCY]
Action: Approved the minutes of the Regular City Council/Successor Agency to the
Dissolved Arroyo Grande Redevelopment Agency meetings of June 12, 2012 and June
26, 201 2, as submitted.
Consideration of Authorizing Participation in the Healthy Eating Active Living
Cities Campaign.
Action: Adopted Resolution No. 4469 entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING PARTICIPATION IN
THE HEALTHY EATING ACTIVE LIVING (HEAL) CITIES CAMPAIGN".
Consideration of Appointment of Voting Delegate and Alternate for the League of
California Cities Annual Conference.
Action: Appointed Council Member Ray as the voting delegate and Mayor Ferrara as
the alternate voting delegate for the League of California Cities Annual Conference.
Consideration of a Resolution Consenting to a Transfer of a Pipeline Franchise
Agreement from ConocoPhillips Pipe Line Company to Phillips 66 Pipeline LLC.
Action: Adopted Resolution No. 4470 entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE CONSENTING TO THE TRANSFER
OF A FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN PIPELINES FROM
CONOCO PHILLIPS PIPE LINE COMPANY TO PHILLIPS 66 PIPELINE LLC".
Consideration of Adoption of Form 806 Listing All Compensated Council
Appointments.
Action: 1) Adopted Form 806 listing all Council appointments for which compensation is
received; and 2) Directed the City Clerk to post Form 806 on the City's website.
Consideration of a Resolution for Submission of an Application to the California
Department of Water Resources to Obtain a Local Groundwater Assistance Grant
and Authorization to Enter into a Grant Agreement.
Action: 1) Adopted Resolution No. 4471 entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE CITY
MANAGER TO SUBMIT AN APPLICATION WITH THE CALIFORNIA DEPARTMENT
OF WATER RESOURCES (DWR) TO OBTAIN A LOCAL GROUNDWATER
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ASSISTANCE GRANT AND ENTER INTO A GRANT AGREEMENT"; and 2) Directed
the City Clerk to submit the authorizing resolution to the California Department of Water
Resources.
8.i. Consideration of Request from South County Area Transit to Relocate the City
Council Chambers Bus Stop.
Action: Approved the relocation of the bus stop on East Branch Street in front of the
Council Chambers, pursuant to the request by South County Area Transit.
8.j. Consideration of a Member Agency Agreement with the South San Luis Obispo
County Sanitation District to Manage the FOG Control and SSMP Audit Programs.
Action: Approved a two year Member Agency Agreement for the South San Luis
Obispo County Sanitation District to continue to manage the FOG control program and
SSMP audits.
9. PUBLIC HEARINGS
9.a. Consideration of General Plan Amendment 12-002 - Bicycle and Trails Master
Plan.
Associate Planner Foster presented the staff report and recommended that the Council: 1)
Review the Draft Bicycle and Trails Master Plan; 2) Adopt a Resolution approving General Plan
Amendment 12-002, adopting the 2012 Bicycle and Trails Master Plan and amending the
Circulation and Parks and Recreation Elements of the General Plan; and 3) Instruct the City
Clerk to file a Notice of Determination.
Consultant Marty Inouye, Omni-Means, presented the Draft Plan.
Staff and consultant responded to questions from Council.
Mayor Ferrara opened the public hearing. Speaking from the public in support were Patty
Welsh, Pradera Court; Michael Boswell, SLO Bicycle Coalition; and Jessica Barry, SLOCOG.
Also speaking from the public was Otis Page, Myrtle Street, expressing concerns about the
potential lack of space for use of motorized chairs and adult tricycles in the bike lanes, as well
as accident liability.
Hearing no further comments, Mayor Ferrara closed the public hearing.
Council comments and discussion ensued regarding liability issues, dropping the Highway 101
pedestrian overpass, the potential widening of Oak Park Boulevard, pedestrian safety, funding,
and whether certain projects should be reprioritized.
Council Member Ray read from correspondence received from Bruce Hilton who could not
attend and wanted mentioned he felt the proposed multi-use trail should extend further east
along Meadow Creek to connect with the Equestrian Way trail and also extend through future
development on the large parcels east of Equestrian Way.
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Action: Council Member Ray moved to accept the Bicycle and Trails Master Plan with the
following recommended changes for implementation: 1) the addition of colored Class II bike
lanes as outlined in Section 3.2.2; 2) the addition of Valley Road as a priority project; 3) replace
101 bicycle and pedestrian overpass with Oak Park Boulevard bicycle and pedestrian
improvements; and 4) to flip the order of priority projects No. 1 and No. 2; adopt a Resolution,
as amended, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE APPROVING GENERAL PLAN AMENDMENT 12-002, ADOPTING THE 2012
BICYCLE AND TRAILS MASTER PLAN AND AMENDING THE CIRCULATION AND PARKS
AND RECREATION ELEMENTS OF THE GENERAL PLANJJ; and instruct the City Clerk to file
a Notice of Determination. Council Member Guthrie seconded, and the motion passed on the
following roll-call vote:
AYES: Ray, Guthrie, Costello, Brown, Ferrara
NOES: None
ABSENT: None
10. CONTINUED BUSINESS
10.a. Consideration of Status of Temporary Use Permit No. 12-002 - Pilot Safe Overnight
Parking Program at St. Barnabas Episcopal Church Located at 301 Trinity Avenue.
Associate Planner Heffernon presented the staff report and recommended that the Council
receive and file a report on the status of Temporary Use Permit No. 12-002 - Pilot Safe
Overnight Parking Program at St. Barnabas Episcopal Church Located at 301 Trinity Avenue.
Chief Annibali spoke and answered questions from Council.
Rev. Valle, St. Barnabas Episcopal Church, also spoke and answered questions from Council.
Mayor Ferrara opened the public comment period. No public comments were received.
There was no formal action taken.
10.b. Consideration of City Charter Public Participation Process.
City Manager Adams presented the staff report and recommended that the Council approve the
proposed City Charter public participation process, Charter Committee membership, and
schedule.
Mayor Ferrara opened the public comment period. Speaking from the public was Otis Page,
Myrtle Street, commending staff for protecting the City against financial problems and in support
of the proposed Charter.
Council comments ensued in support of the City Charter. City Manager Adams stated he will
provide information to the Council regarding election costs so the timeline can be re-evaluated
at a future date for potential acceleration.
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Action: Council Member Guthrie moved to approve the proposed City Charter Public
Participation Process with the recommended changes, as follows: 1) the addition of one
member of the Village Improvement Association to the committee membership; 2) the addition
of one member of Rotary or Kiwanis to the committee membership; 3) to re-evaluate the
timeline process at a future date; and 4) that the members of the committee be residents of the
City of Arroyo Grande. Council Member Ray seconded, and the motion passed on the following
roll-call vote:
AYES: Guthrie, Ray, Costello, Brown, Ferrara
NOES: None
ABSENT: None
11. NEW BUSINESS
None.
12. ClTY COLlNClL MEMBER ITEMS
None.
13. ClTY MANAGER ITEMS
None.
14. COUNCIL COMMUNICATIONS
Council Member Ray reminded everyone of the City's 1015' birthday and stated that the
celebration of the City's Centennial occurred one year ago today.
15. STAFF COMMUNICATIONS
None.
16. COMMUNITY COMMENTS AND SUGGESTIONS
None.
17. ADJOURN TO CLOSED SESSION
18. CLOSED SESSION
At 8:45 p.m., the City Council met in Closed Session to discuss the following items:
a. CONFERENCE WlTH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6:
Agency Negotiator: Steven Adams, City Manager
Represented Employees: Arroyo Grande Police Officers' Association
b. CONFERENCE WlTH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6:
Agency Negotiator: Steven Adams, City Manager
Represented Employees: Service Employees International Union (SEIU)
Local 620
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c. CONFERENCE WlTH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6:
Agency Negotiator: Steven Adams, City Manager
Unrepresented Employees: Management Employees
d. CONFERENCE WlTH LEGAL COUNSEL - Existing Litigation pursuant to
Government Code Section 54956.9(a):
Name of case: Beattie vs. City of Arroyo Grande
e. CONSIDERATION OF INITIATION OF LITIGATION pursuant to Government
Code Section 54956.9(c).
19. RECONVENE TO OPEN SESSION
The City Council reconvened to open session and City Attorney Carmel announced that there
was no reportable action.
19.a. Consideration of Compliance with the State Department of Finance's
Interpretation of the Successor Agency Payment Obligation Under AB 1484 and
Appropriate Funding for Potential Legal Action.
Administrative Services Director Kraetsch presented the staff report and recommended that the
Council, acting as the Successor Agency to the dissolved Redevelopment Agency, approve the
payment (under protest) required by the Department of Finance of $472,895, to be paid from the
LowIMod Housing Fund reserves and from the June lSL ROPS distribution that was to be used
for July through December debt payment and approve the appropriation of $30,000 from the
General Fund for initiating legal action.
CITY COUNCIL
Action: Council Member Ray moved to approve the payment under protest required by the
Department of Finance of $472,895 to be paid as follows: $132,835 from the LowIMod Housing
Fund reserves and $340,060 from the June lSt ROPS distribution that was to be used for July
through December debt payment. Mayor Pro Tem Brown seconded, and the motion passed on
the following roll-call vote:
AYES: Ray, Brown, Costello, Guthrie Ferrara
NOES: None
ABSENT: None
Action: Council Member Ray moved to approve the payment under protest required by the
Department of Finance of $472,895 be paid as follows: $132,835 from the LowIMod Housing
Fund reserves and $340,060 from the June lSt ROPS distribution that was to be used for July
through December debt payment. Mayor Pro Tem Brown seconded, and the motion passed on
the following roll-call vote:
Item 8.d. - Page 8
Minutes: City Council/City As Successor Agency
Tuesday, July 10,2012
Page 9
AYES: Ray, Brown, Costello, Guthrie Ferrara
NOES: None
ABSENT: None
CITY COUNCIL
Action: Council Member Ray moved to approve the appropriation of $30,000 from the General
Fund for initiating legal action. Mayor Pro Tem Brown seconded, and the motion passed on the
following roll-call vote:
AYES: Ray, Brown, Costello, Guthrie, Ferrara
NOES: None
ABSENT: None
20. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 9:20 p.m. to the August 14, 2012 City Council meeting.
Tony Ferrara, Mayor
ATTEST:
Kitty Norton, Deputy City Clerk
(Approved at CC Mtg )
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