Minutes 2008-12-18 SPMINUTES
SPECIAL MEETING OF THE CITY COUNCIL
THURSDAY, DECEMBER 18, 2008
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
CALL TO ORDER
Mayor Ferrara called the Special City Council
Members Jim Guthrie, Ed Arnold, and Mayor Pr
Member Chuck Fellows was absent. Mayor Fer
audience and upon hearing none, closed the c
adjourned to Closed Session.
meeting to order at 4:00 p.m. Council
o Tem Joe Costello were present. Council
rara invited comments from those in the
omment period. The Council immediately
CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION -initiation of
litigation pursuant to Government Code Section 54956.9(c) involving one potential case:
Consideration of entering as an amicus curiae in City of Irvine v. Southern California
Association of Governments.
b. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION -initiation of
litigation pursuant to Government Code Section 54956.9(b) involving one potential case.
c. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government
Code Section 54956.8:
Property: APN: 077-128-004; Located at 1348 Jasmine Place
Agency Negotiator: Steven Adams, City Manager
Negotiating Parties: Andrew & Carol James
Under Negotiation: Price, Terms and Conditions of Payment
OPEN SESSION
The Council reconvened to open session at 4:42 p.m. and Mayor Ferrara announced there was
no reportable action from the closed session.
ROLL CALL
City Council: Council Members Jim Guthrie and Ed Arnold, Mayor Pro Tem
Costello, and Mayor Tony Ferrara were present. Council Member
Chuck Fellows was absent.
City Staff Present: City Manager Steven Adams, City Attorney Tim Carmel, Director of
Administrative Services/City Clerk Kelly Wetmore, Director of Public
Works Don Spagnolo, Director of Community Development Rob
Strong, and Chief of Police Steve Annibali.
Minutes: City Council Meeting
Thursday, December 18, 2008
FLAG SALUTE
Mayor Ferrara led the Flag Salute.
Page 2
PUBLIC COMMENT
Bob Lund, representing the Village Improvement Association and Arroyo Grande In Bloom,
announced the official City flower (Sweet Pea) seed is now on the market and available for
purchase. He displayed a packet of the Sweet Pea flower seeds and thanked all who
worked on this project. He invited members of the community to become involved in and
support Arroyo Grande In Bloom as a volunteer and referred to its website
www.arroyograndevillage.org for further information.
CONSENT AGENDA
Mayor Ferrara invited members of the public who wished to comment on any Consent
Agenda Item to do so at this time.
Mike Burke, R Burke Corporation, referred to the E. Branch Streetscape Project and stated
he believed the City should award the contract based on the aggregate total of the base bid
and all additive or deductive bid items shown on the bid schedule in accordance with the bid
proposal, Addendum No. 1 and Section 11 (additive deductive alternates) to R Burke
Corporation. He stated if the City awards the contract on the basis of the base bid only, then
he requested the Council consider this his formal notice of intent to protest the award of the
contract.
There were no further public comments received.
Mayor Ferrara requested that Item 6.a. be pulled for clarification, discussion, and separate
action.
Action: Council Member Guthrie moved, and Council Member Arnold seconded the motion
to approve Consent Agenda Items 6. b. through 6.e., with the recommended courses of
action. The motion passed on the following roll-call vote:
AYES: Guthrie, Arnold, Costello, Ferrara
NOES: None
ABSENT: Fellows
6.b. Consideration of an Award of Contract to Bakersfield Well 8 Pump Company
for Construction of the Well No. 7 Rehabilitation Project, PW 2008-04.
Action: 1) Awarded a construction contract to Bakersfield Well & Pump Company
for the Well No. 7 Rehabilitation Project, PW 2008-04, in the amount of $49,330; 2)
Authorized a transfer of $15,000 from the Water Fund; and 3) Authorized the City
Manager to approve change orders not to exceed the 10% contingency in the
amount of $4,933 for unanticipated costs during the construction phase of the
project.
Minutes: City Council Meeting
Thursday, December 18, 2008
Page 3
6.c. Consideration to Adopt a Resolution Approving an Application by the Lucia
Mar Unified School District to Drill and Install Replacement Well on Property
Zoned Public Facility; APN 008-095-001; 495 Valley Road.
Action: Adopted Resolution No. 4149 as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AN APPLICATION
BY THE LUCIA MAR UNIFIED SCHOOL DISTRICT TO DRILL A REPLACEMENT
IRRIGATION WELL ON A PROPERTY ZONED PUBLIC FACILITY; APN 006-095-
001; 495 VALLEY ROAD".
8.d. Consideration of Approval of Final Parcel Map AG 07-0252; Subdividing an
11,338 Square-Foot Mixed-Use Property Into Two (2) Parcels and a Resolution
Accepting Easements and Public Improvements Located at 210 Traffic Way,
Constructed by Sharon F. Billon, M.D. Trust.
Action: 1) Approved Final Parcel Map AG 07-0252, subdividing an 11,338 square-
foot mixed-use property into two (2) parcels; and 2) Adopted Resolution No. 4150 as
follows: `A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE ACCEPTING EASEMENTS AND IMPROVEMENTS FOR PARCEL MAP
AG 07-0252, LOCATED AT 210 TRAFFIC WAY, CONSTRUCTED BY SHARON F.
BILLON, M.D. TRUST".
6.e. Consideration to Declare Surplus Property/Police Vehicles.
Action: Adopted Resolution No. 4151 as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING ITEMS AS
SURPLUS AND AUTHORIZING THEIR SALE".
ITEM PULLED FROM THE CONSENT AGENDA
6.a. Consideration of an Award of Contract to Granite Construction for
Construction of the East Branch Streetscape Project, PW 2009-01.
Recommended Action: 1) Award a construction contract to Granite Construction
Company for the East Branch Streetscape Project, PW 2009-01, in the amount of
$775,459; 2) Authorized the City Manager to approve change orders not to exceed
the 15% contingency in the amount of $116,318 for unanticipated costs during the
construction phase of the project.
City Manager Adams reported the City has received notice on two potential bid protests on
this project, and as a result, staff is recommending the Council reject all the bids and
authorize staff to readvertise bids for the project.
Action: Council Member Arnold moved to reject all bids for the East Branch Streetscape
Project and instruct staff to rebid the project. Council Member Guthrie seconded, and the
motion passed on the following roll-call vote:
AYES: Arnold, Guthrie, Costello, Ferrara
NOES: None
ABSENT: Fellows
Minutes: City Council Meeting
Thursday, December 78, 2008
NEW BUSINESS
Page 4
7.a. Consideration of Letter in Support of City of Irvine Regarding City of Irvine v.
Southern California Association of Governments and Authorize the City
Attorney to Take All Necessary Actioris to File an Amicus Curiae Brief.
City Manager Adams presented the staff report and recommended the Council approve the
amicus letter to the Appellate Court in support of the City of Irvine's lawsuit against the
Southern California Association of Governments (SCAG) and authorize the City Attorney to
take all necessary actions to file an amicus curiae brief.
Discussion ensued in support of the proposed action. City Attorney Carmel clarified the
issue is to determine whether courts have jurisdiction to hear challenges to Regional
Housing Needs Assessment numbers established by councils of governments.
Action: Mayor Pro Tem Costello moved to approve the amicus letter in support of the City
of Irvine's lawsuit against the Southern California Association of Governments (SCAG) and
authorize the City Attorney to take all necessary actions to file an amicus curiae brief.
Council Member Arnold seconded, and the motion passed on the following roll call vote:
AYES: Costello, Arnold, Guthrie, Ferrara
NOES: None
ABSENT: Fellows
ADJOURNMENT
Mayor Ferrara adjourned the meeting at 4:50 p.m. to the next Regular City Council Meeting
at 7:00 p.m. on Tuesday, January 13, 2009, in the City Council Chambers, 215 E. Branch
Street.
Tony Ferr ayor
ATTEST:
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