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08.e. SA MinutesMEMORANDUM TO: CITY COUNCIL, AS SUCCESSOR AGENCY TO THE DISSOLVED ARROYOGRANDEREDEVELOPMENTAGENCY FROM: KELLY WETMORE, DIRECTOR OF LEGISLATIVE AND INFORMATION SERVlCESlClTY CLERK @) BY: KITTY NORTON, DEPUTY CITY CLERK SUBJECT: CONSIDERATION OF APPROVAL OF MINUTES OF THE JULY 10, 2012 MEETING DATE: AUGUST 14,2012 RECOMMENDATION: Staff recommends that the City Council, acting as Successor Agency to the Dissolved Arroyo Grande Redevelopment Agency ("Successor Agency"), approve the minutes of the July 10, 2012 meetirrg. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is no impact on financial and personnel resources. BACKGROUND: On December 29, 201 1, the California Supreme Court upheld the validity of AB 1x26, the bill that dissolved all redevelopment agencies in the State. On January 10, 2012, the City Council adopted Resolution No. 4420 determining that the City shall serve as the Successor Agency to the dissolved Redevelopment Agency. ANALYSIS OF ISSUES: The City Council, acting as the Successor Agency, must separately approve the minutes of the July 10, 2012 meeting. The July loth minutes reflect the formal action taken by the Successor Agency to approve the June 12" and 26" minutes; to consider 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; and a closed session item to consider initiation of litigation pursuant to Government Code Section 54956.9(c). These minutes were already reviewed and approved by the City Council, but must be approved separately by the Successor Agency. Item 8.e. - Page 1 CITY COUNCIL, AS SUCCESSOR AGENCY TO THE DISSOLVED ARROYO GRANDEREDEVELOPMENTAGENCY CONSIDERATION OF APPROVAL OF MINUTES OF THE JULY 10,2012 MEETING AUGUST 14,2012 PAGE 2 ALTERNATIVES: The following alternatives are provided for consideration: 1. Approve the minutes of the July 10, 2012 meeting, as submitted; 2. Do not approve the minutes of the July 10, 201 2 meeting; or 3. Provide direction to staff. ADVANTAGES: Approval of the minutes will create a permanent record of the Successor Agency's actions. DISADVANTAGES: No disadvantages have been identified ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, August 9, 2012. The Agenda and report were posted on the City's website on Friday, August 10, 201 2. Attachment: 1. Minutes of the July 10, 201 2 meeting Item 8.e. - Page 2 ATTACHMENT 1 ACTION MINU'TES 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 regardirlg : 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. Item 8.e. - Page 3 Minutes: City Council/City As Successor Agency Tuesday, July f0,20f2 Page 2 5.b. Ordinances Read in Title oily. 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. CITY COUNCIL 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 SUCCESSORAGENCY 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 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 Item 8.e. - Page 4 Minutes: City Council/City As Successor Agency Tuesday, July 10, 2012 Page 3 SUCCESSORAGENCY 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 SUCCESSORAGENCY 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. Item 8.e. - Page 5 Minutes: Cify Council/Cify As Successor Agency Tuesday, July 10, 20 12 Page 4 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 26,2012, 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 Item 8.e. - Page 6 Minutes: City Council/City As Successor Agency Tuesday, July 10,2012 Page 5 ASSISTANCE GRANT AND ENTER INTO A GRANT AGREEMENTJJ; 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. Item 8.e. - Page 7 Minutes: City Council/City As Successor Agency Tuesday, July 10,2012 Page 6 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 ClTY COUNCIL OF THE ClTY 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 Parkiqg 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. Item 8.e. - Page 8 Minutes: City Council/City As Successor Agency Tuesday, July 10, 2012 Page 7 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 COUNCIL MEMBER ITEMS None. 13. ClTY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS Council Member Ray reminded everyone of the City's 10lst 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 Item 8.e. - Page 9 Minutes: City Council/City As Successor Agency Tuesday, July 10,201 2 Page 8 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 Low/Mod Housing Fund reserves and from the June IS' 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 Low/Mod Housing Fund reserves and $340,060 from the June lS' 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 SUCCESSOR AGENCY 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 1'' 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.e. - Page 10 Minutes: City Council/City As Successor Agency Tuesday, July 10,201 2 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 ) Item 8.e. - Page 11 THIS PAGE INTENTIO NALLY LEFT BLANK Item 8.e. - Page 12