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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: ~!~'~ ~,(r~ns~o~ Kelly We~Fnorg~'City Clerk (Approved at CC Mtg ~-/~ aooR ~