Minutes 2009-03-24MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, MARCH 24, 2009
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Pro Tem Costello called the Regular City Council meeting to order at 7:02 p.m.
2. ROLL CALL
City Council: Council Members Chuck Fellows, Ed Arnold, Jim Guthrie, and Mayor Pro
Tem Joe Costello, were present. Council Member Ed Amold and Mayor
Tony Ferrara were absent.
City Staff Present: City Manager Steve Adams, City Attorney Tim Carmel, Director of
Administrative Services/City Clerk Kelly Wetmore, Director of Financial
Services Angela Kraetsch, Director of Public Works Don Spagnolo, Director
of Parks, Recreation & Facilities, Director of Community Development Rob
Strong, Chief of Police Steve Annibali, Associate Planner Kelly Heffernon,
and Associate Planner Jim Bergman.
3. FLAG SALUTE
Alvin Evenson, representing the American Legion Post No. 136, led the Flag Salute.
4. INVOCATION
Pastor Robert Banker, Open Door Church, delivered the invocation.
5. SPECIAL PRESENTATIONS
5.a. Honorary Proclamation -Month of the Child.
Council Member Guthrie presented an Honorary Proclamation declaring April 2009 as "Month of
the Child" and "Child Abuse Prevention Month". Representatives from the Economic Opportunity
Commission and San Luis Obispo County Child Care Planning Council accepted the proclamation
and provided Council with a copy of the 2006-2011 Child Care/Learning Program Needs
Assessment, a ribbon and pin honoring "Month of the Child", and spoke about the upcoming
Children's Day in the Plaza in San Luis Obispo.
6. AGENDA REVIEW
5.a. Ordinances Read in Title Only.
Council Member Fellows moved, Council Member Guthrie seconded, and the motion passed
unanimously that all ordinances moved for introduction or adoption at the meeting shall be read in
title only and all further reading be waived.
7. CITIZENS' INPUT, COMMENTS. AND SUGGESTIONS
John Flores, representing the Los Angeles Regional Census Center, spoke about the purpose and
importance of the upcoming Census which starts in 2010. He requested the Council appoint a
liaison and adopt a Proclamation supporting and promoting the Census in the community.
Mayor Pro Tem Costello requested staff follow-up with Mr. Flores to place an item on a future
agenda in support of the 2010 Census.
Minutes: City Council Meeting
Tuesday, March 24, 2009
Page 2
8. CONSENT AGENDA
Mayor Pro Tem Costello invited members of the public who wished to comment on any Consent
Agenda Item to do so at this time. No public comments were received.
City Attorney Carmel referred to the supplemental information distributed to Council and noted the
proposed amendments to Items 8.f. and 8.h.
Action: Council Member Fellows moved, and Council Member Guthrie 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: Fellows, Guthrie, Costello
NOES: None
ABSENT: Arnold, Ferrara
8.a. Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period March 1, 2009 through
March 15, 2009.
8.b. Consideration of Statement of Investment Deposits.
Action: Received and filed the report of current investment deposits as of February 28,
2009.
8.c. Consideration of Council Appointment to Traffic Commission.
Action: Approved the recommendation of Council Member Jim Guthrie to appoint Zachary
Hall to the Traffic Commission.
8.d. Consideration of Appointment to the Citizens' Transportation Advisory Committee.
Action: Approved the recommendation of the Mayor to appoint Jim Carson to the Citizens'
Transportation Advisory Committee.
8.e. Consideration of a Resolution Approving an Application for Proposition 40 and 84
Urban Forestry Grant Program Funds for Tree Planting.
Action: Adopted Resolution No. 4170 as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING THE APPLICATION FOR
FUNDING FROM THE URBAN FORESTRY GRANT PROGRAM; "AN URBAN FOREST
FOR EVERY CITY'; AS PROVIDED BY PROPOSITIONS 40 AND 84".
8.f. Consideration to Declare Surplus Property and Approve a Contract for Auction
Services.
Action: 1) Adopted Resolution No. 4171, as amended, as follows: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING ITEMS TO BE
PLACED ON A SURPLUS LIST AND REQUESTING AUTHORIZATION FOR SALE AT
PUBLIC AUCTION"; and 2) Authorized the City Manager to sign the auction contract with
Bill Phelps Auction Services.
8.g. Consideration of First Amendment to Agreement with Penfield 8: Smith for Consultant
Engineering Services.
Action: 1) Approved a First Amendment to the Agreement for Consultant Services with
Penfield & Smith to increase the "not to exceed" amount by $7,326 to include design of
sewer and storm drain improvements as part of the West Branch Street Resurfacing capital
improvement project; 2) Authorized a transfer of $90,900 from the Sewer Fund for the
estimated sewer improvements construction costs; 3) Authorized a transfer of $58,100 from
the Pavement Management Program budget for the estimated storm drain improvements
construction costs; and 4) Authorized the Mayor to execute the amendment.
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Tuesday, March 24, 2009
8.h. Consideration to Approve a Water Wheeling Agreement with the Oceano Community
Services District for Halcyon Estates and Grande Mobile Manor.
Action: 1) Approved a Water Wheeling Agreement, as amended, with the Oceano
Community Services District for the Halcyon Estates and Grande Mobile Manor Home
Parks; and 2) Authorized the Mayor to execute the agreement.
8.i. Consideration of Consultant Services Agreement with Lisa Wise Consulting, Inc. to
Assist the City with the Housing Element Update.
Action: 1) Approved an agreement with Lisa Wise Consulting, Inc. in the amount of $14,834
to assist the City with the Housing Element Update; and 2) Authorized the Mayor to execute
the agreement.
8.j. Consideration of Agreement to Assume Maintenance and Ownership of the Berry
Gardens Retention Basin.
Action: 1) Approved an Agreement with the Brambles Homeowners Association and
Jasmine Place Homeowners Association to assume ownership and maintenance of the
Berry Gardens retention basin contingent upon approval by S & S Homes of an amendment
to a utility undergrounding reimbursement agreement; and 2) Approved an amendment to
the utility undergrounding reimbursement agreement with S & S Homes to reduce the
reimbursement amount by $20,000.
9. PUBLIC HEARINGS
9.a. Consideration of a Resolution Approving Community Development Block Grant
Projects for Year 2009 and Reallocating Unused Funds from Years 2006, 2007 and
2008.
Associate Planner Bergman presented the staff report and recommended the Council: 1) Adopt a
Resolution approving the Community Development Block Grant projects for the Year 2009; and 2)
Approve reallocation of unspent funds from Years 2006, 2007 and 2008. He responded to
questions from Council concerning use of public service funds on City projects to remove
architectural barriers to achieve Americans with Disabilities Act (ADA) compliance.
Mayor Pro Tem Costello opened the public hearing.
Rae Fleming, representing EOC Health Services, spoke about the Senior Health Program, Teen
Academic Parenting Program, and 50-Wonderful Program and expressed appreciation for the
Council's continued support and funding.
Dee Torres, representing the EOC Homeless Program, thanked the Council for its consideration of
funding and spoke about the Maxine Lewis Memorial Shelter which provides services to over 4,000
homeless persons in the County, of which 500 are from the South County.
Upon hearing no further public comments, Mayor Pro Tem Costello closed the public hearing.
Council comments ensued in support of staffs recommendations; appreciation for the services that
the various organizations provide to the community; a wish that there was more money to allocate;
and some concern concerning the Fapade Grant Program criteria.
Action: Council Member Guthrie moved to: 1) Adopt a Resolution approving the Community
Development Block Grant projects for the Year 2009; and 2) Approve reallocation of unspent funds
from Years 2006, 2007 and 2008. Council Member Fellows seconded, and the motion passed on
the following roll-call vote:
Minutes: City Council Meeting
Tuesday, March 24, 2009
AYES: Guthrie, Fellows, Costello
NOES: None
ABSENT: Arnold, Ferrara
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9.b. Consideration to Establish Nelson Street Underground Utility District No. 8 for the
Village Green Improvement Project on Nelson Street between Short Street and Mason
Street.
Director of Public Works Don Spagnolo presented the staff report and recommended the Council: 1)
Open the public hearing allowing affected property owners to address the Council concerning the
formation of the Nelson Street Underground Utility District No. 8 for the Village Green Improvement
Project on the north side of Nelson Street between Short Street and Mason Street; and 2) Close the
public hearing and adopt a Resolution establishing Underground Utility District No. 8 and thereby
directing removal of all above ground utilities and requiring underground installation of said facilities
within Underground Utility District No. 8. He responded to questions from Council clarifying the
boundaries of the District and the conduit work.
Mayor Pro Tem Costello opened the public hearing.
Nancv Underwood, Short Street, requested clarification on the information provided in the public
hearing notice and asked is the west side of Short Street and the east side of Mason Street would
be affected; if not, were there any future plans that might affect those areas; and whether or not her
property is included in Underground Utility District No. 8.
At Mayor Pro Tem Costello's request, staff responded to Ms. Underwood that there were no future
plans that would affect the areas she mentioned and that her property is not included in
Underground Utility District No. 8.
Upon hearing no further public comments, Mayor Pro Tem Costello closed the public hearing.
Action: Council Member Fellows moved to adopt a Resolution as follows: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING NELSON STREET
UNDERGROUND UTILITY DISTRICT NO. 8". Council Member Guthrie seconded, and the motion
passed on the following roll-call vote:
AYES: Fellows, Guthrie, Costello
NOES: None
ABSENT: Arnold, Ferrara
10. CONTINUED BUSINESS ITEMS
None.
11. NEW BUSINESS ITEMS
11.a. Consideration of a Resolution to Join the International Council for Local
Environmental Initiatives -Local Governments for Sustainability (ICLEI) in Order to
Conduct a Greenhouse Gas Emissions Inventory for the City of Arroyo Grande.
Associate Planner Kelly Heffernon presented the staff report and recommended the Council: 1)
Adopt a Resolution approving expenditure of funds to join ICLEI; 2) Authorize staff to use the ICLEI
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Tuesday, March 24, 2009
program to conduct a greenhouse gas emissions inventory for the City of Arroyo Grande; 3)
Appropriate $600 from the General Fund Unappropriated Fund Balance; and 4) Designate a
Council Member to act as the "elected official liaison" to ICLEI. Staff responded to questions from
Council regarding the annual cost, required staff time, and the benefit of using the provided
software to assist the City in achieving compliance with AB32 by 2010.
Council comments ensued in support of the proposal; some concern with required staff time; that
this is a good investment to assist staff in conducting the inventory; that interns could be utilized to
assist in the inventory; and that the software provided should minimize staff time. Council Member
Fellows offered to serve as the elected official liaison to ICLEI.
Action: Council Member Guthrie moved to: 1) adopt a Resolution as follows: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE TO JOIN THE INTERNATIONAL
COUNCIL FOR LOCAL ENVIRONMENTAL INITIATIVES -LOCAL GOVERNMENTS FOR
SUSTA/NABILITY (ICLEI) IN ORDER TO CONDUCT A GREENHOUS GAS EMISSIONS
INVENTORY FOR THE CITY OF ARROYO GRANDE"; 2) Authorize staff to use the ICLEI program
to conduct a greenhouse gas emissions inventory for the City of Arroyo Grande; 3) Appropriate
$600 from the General Fund Unappropriated Fund Balance; and 4) Designate Council Member
Fellows to act as the "elected official liaison" to ICLEI. Council Member Fellows seconded, and the
motion passed on the following roll-call vote:
AYES: Guthrie, Fellows, Costello
NOES: None
ABSENT: Arnold, Ferrara
12. CITY COUNCIL REPORTS
Due to the absence of Mayor Ferrara and Council Member Arnold, Mayor Pro Tem Costello moved
to continue City Council Reports to the next Regular City Council Meeting on April 14, 2009.
Council Member Guthrie seconded, and the motion carried unanimously by voice vote.
13. CITY COUNCIL MEMBER ITEMS:
None.
14. CITY MANAGER ITEMS:
None.
15. COUNCIL COMMUNICATIONS:
Council Member Fellows referred to correspondence from the Huasna Valley Association with a
news release regarding the Board of Supervisors meeting on Thursday to consider Excelaron's
Huasna Valley Oil project. He suggested that someone from the Council attend the meeting.
16. STAFF COMMUNICATIONS:
None
17. COMMUNITY COMMENTS AND SUGGESTIONS:
None.
18. ADJOURNMENT
Mayor Pro Tem Costello adjourned the meeting at 7:56 p.m. to the Special City Council Meeting on
March 31, 2009 at 6:00 p.m. in the Council Chambers, 215 E. Branch Street.
Minutes: City Council Meefing
Tuesday, March 24, 2009
Tony Ferr yor
ATTEST: /~ • -
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Kelly W o ,City Clerk
(Approved at CC Mtg -l~ ODD{
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