Minutes 2009-05-12MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, MAY 12, 2009
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Ferrara called the Regular City Council meeting to order at 7:00 p.m.
2. ROLL CALL
City Council: _ Council Members Chuck Fellows, Jim Guthrie, Mayor Pro Tem Costello,
and Mayor Ferrara were present. Council Member Ed Amold Was absent.
City Staff Present: City Manager Steven Adams, City Attorney Tim Carmel, Director of
Administrative Services/City Clerk Kelly Wetmore, Director of Financial
Services Angela Kraetsch, Chief of Police Steve Annibali, Director of
Public Works Don Spagnolo, and Associate Planner Kelly Heffemon.
3. FLAG SALUTE
Les Vrieze, representing Veteran's of Foreign Wars Nipomo Post 10978, led the Flag Salute.
4. INVOCATION
Chaplain Pat Sturm, representing Veteran's of Foreign Wars Nipomo Post 10978, delivered the
invocation.
5. SPECIAL PRESENTATIONS
5.a. Honorary Proclamation Declaring May 2009 as "Community Action Month" and
Recognizing the Community Action Partnership of San Luis Obispo County, Inc.
as the County's Community Action Agency.
Mayor Ferrara presented an Honorary Proclamation declaring May 2009 as "Community Action
Month" and Recognizing the Community Action Partnership of San Luis Obispo County, Inc. as
the County's Community Action Agency. Sheri Wilson accepted the Proclamation on behalf of
the Community Action Partnership of San Luis Obispo County and announced an Open House
Celebration on Friday, May 15, 2009 from 3:00 to 6:00 p.m. at the Community Action
Partnership offices in San Luis Obispo.
6. AGENDA REVIEW
6.a. Ordinances Read in Title Only.
Mayor Pro Tem Costello moved, Council Member Guthrie seconded, and the motion passed
unanimously that all ordinances presented at the meeting shall be read in title only and all
further readings be waived.
7 CITIZENS' INPUT. COMMENTS, AND SUGGESTIONS
None.
8. CONSENT AGENDA
Mayor Ferrara 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.
Minutes: City Council Meeting
Tuesday, May 12, 2009
Page 2
Action: Council Member Guthrie moved, and Council Member Fellows seconded the motion to
approve Consent Agenda Items 8.a. through 8.f., with the recommended courses of action. City
Attorney Carmel read the Ordinance title in Item 8. e. The .motion passed on the following roll-
call vote:..
AYES: Guthrie, Fellows, Costello, Ferrara
NOES: None
ABSENT: Arnold
8.a. Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period April 16, 2009 through
April 30, 2009.
8.b. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular City Council Meeting of April 14, 2009 and
the Special and Regular City Council Meetings of April 28, 2009, as submitted.
8.c. Consideration of Cancellation of July 14, 2009 City Council Meeting.
Action: Cancelled the regularly scheduled ,Council meeting of July 14, 2009 as
established by Council policy oh August 14, 2007.
8.d. Consideration of an Award of Contract to Crandall Construction for the City-Wide
Asphalt Repair Project, PW 2009-03.
Action: 1) Awarded a contract for the City-Wide Asphalt Repair Project to Crandall
Construction in the amount of $115,900; and 2) Authorized the City Manager to approve
change orders for 10% of the contract amount, $11,590, for unanticipated costs during
the construction phase of the project.
8.e. Consideration of Adoption of Ordinance Amending the California Public
Employees' Retirement System Contract for the Local Miscellaneous Group.
Action: Adopted Ordinance No. 609 as follows: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING AN AMENDMENT TO
THE CONTRACT BETWEEN THE CITY AND THE BOARD OF ADMINISTRATION OF
THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM FOR LOCAL
MISCELLANEOUS EMPLOYEES':
8.f. Consideration for Approval of a Resolution Approving the Application for a U.S.
Department of Justice/Bureau of Justice Assistance Edward Byrne Memorial
Justice Assistance Grant -Formula Program.
Action: Adopted Resolution No. 4182 as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING THE APPLICATION FOR A
U.S. DEPARTMENT OF JUSTICE /BUREAU OF JUSTICE ASSISTANCE EDWARD
BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT -FORMULA PROGRAM".
9. PUBLIC HEARINGS:
9.a. Consideration of a Resolution Granting aOne-Year Time Extension and Amending
Several Conditions of Approval for Vesting Tentative Tract Map No. 2653 for
Property Located Between East Cherry Avenue and Myrtle Street, Applied for by
Cliff Branch; and Consideration of a Reimbursement Agreement Between the City
of Arroyo Grande and Cliff Branch for Sewer and Water Improvements on Property
Located East of Noguera Place and North of East Cherry Avenue Extension
(Cherry Creek Project).
Minutes: City Council Meeting
Tuesday, May 12, 2009
Page 3
Associate Planner Kelly Heffernon stated that the applicant had submitted correspondence
requesting a continuance of the public hearing to the next regular meeting of May 26, 2009.
Mayor Ferrara opened the public hearing. No public comments were received.
Action: Mayor Pro Tem Costello moved to continue the public hearing to the Regular City
Council Meeting of May 26, 2009. Council Member Guthrie seconded, and the motion passed
on the following roll call vote:
AYES: Costello, Guthrie, Fellows, Ferrara
NOES: None
ABSENT: Arnold
9.b. Consideration of Amended Conditional Use Permit Case No. 04-009; Hampton Inn
and Suites Project Located at 1400 W. Branch Street.
City Manager .Adams presented the staff. report and recommended the Council adopt a
Resolution approving amended Conditional Use Permit Case No. 04-009 eliminating conditions
of approval requiring repaving of West Branch Street and Camino Mercado.
Mayor Ferrara opened the public hearing, and upon hearing no public comments, he closed the
public hearing.
Council comments ensued in support of the proposal; some initial concern about the affect to
Camino Mercado; clarification on funding sources for the West Branch Street repaving project;
confirmation that the City had received approval for Federal stimulus funds for the W. Branch
Street project, which would address the additional costs for paving Camino Mercado and W.
Branch Street; and that cancelling the Transient Occupancy Tax Revenue Sharing Agreement
will offset the additional costs.
Action: Council Member Guthrie moved to adopt a Resolution as follows: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AN AMENDMENT
TO CONDITIONAL USE PERMIT CASE' NO. 04-009 TO ELIMINATE CONDITIONS OF
APPROVAL NOS. 79, 80 AND 83 REGARDING RESURFACING OF WEST BRANCH
STREET AND CAMINO MERCADO ADJOINING A HOTEL AND RESTAURANT AT 1400
WEST BRANCH STREET". Council Member Fellows seconded, and the motion passed on the
following roll call vote:
AYES: Guthrie, Fellows, Costello, Ferrara
NOES: None ~
ABSENT: Arnold
10. CONTINUED BUSINESS:
None.
Minutes: City Council Meeting
Tuesday, May 12, 2009
Page 4
11. NEW BUSINESS:
11.a. Consideration of Introduction of an Ordinance of the City Council of the City of
Arroyo Grande Adding Chapter 13.27 to Titie 13 (Public Works) Regarding City
__ _ - - Easements - -- _-
City Manager Adams presented the staff report and recommended the Council introduce an
Ordinance adding Chapter 13.27 to Title 13 of the Arroyo Grande Municipal Code establishing
provisions and restrictions on structures interfering with the use, maintenance or repair of
utilities in City easements.
Mayor Ferrara invited comments from those in the audience who wished to be heard on the
matter, and upon hearing no public comments, he closed the public comment period.
Council comments ensued in support of the proposed Ordinance; and clarification was provided
that the City's easements would be mapped out and entered into the City's Geographical
Information System (GIS).
Action: Council Member Fellows moved to introduce an Ordinance as follows: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADDIING
CHAPTER 13.27 TO TITLE 13 (PUBLIC WORKS) REGARDING CITY EASEMENTS': Council
Member Guthrie seconded, and the motion passed on the following roll call vote:
AYES: Fellows, Guthrie, Costello, Ferrara
NOES: None
ABSENT: Arnold
11.b. Consideration of a Resolution Opposing Proposals by the State to Borrow and/or
Take Additional Local Funding Potentially Resulting in the Need to Declare a Local
Fiscal Emergency.
City Manager Adams presented the staff report and recommended Council adopt a Resolution
opposing proposals by the State to borrow and/or take local funding, which could potentially
result in a local fiscal emergency.
Mayor Ferrara invited comments from those in the audience who wished to be heard on the
matter, and upon hearing no public comments, he closed the public comment period.
Mayor Ferrara commented that it was important for local communities to understand the
ramifications and impacts if the State propositions on the special election ballot fail. He then
read the full text of the proposed Resolution for the benefit of the public.
Council Member Fellows commented on how hard the City Manager and staff have worked to
balance the budget. He noted that if the State were to take away more funds from local
governments, it would make things more difficult for the City.
Minutes: City Council Meeting Page 5
Tuesday, May 12, 2009
Action: Mayor Pro Tem Costello moved to adopt a Resolution as follows: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE OPPOSING PROPOSALS BY
THE STATE TO BORROW AND/OR TAKE ADDITIONAL LOCAL FUNDING POTENTIALLY
RESULTING IN THE NEED TO DECLARE A LOCAL FISCAL HARDSHIP FOR THE CITY".
Council Member Guthrie seconded, and the motion passed on the following roll call vote:
AYES: Costello, Guthrie, Fellows, Ferrara
NOES: None
ABSENT: Arnold
12. CITY COUNCIL MEMBER ITEMS
None.
13. CITY MANAGER ITEMS
None.
14. COUNCIL COMMUNICATIONS
Council Member Fellows thanked staff for fixing his microphone.
Mayor Ferrara thanked the Arroyo Grande Police Department for facilitating the street closure to
allow volunteers to clear dirt, debris and greenwaste from the historical wall near Paulding
Middle School on E. Branch Street. He also thanked Bob Lund and members of Arroyo Grande
In Bloom for their efforts and involvement in the clean-up project.
15. STAFF COMMUNICATIONS
None.
16. COMMUNITY COMMENTS AND SUGGESTIONS
In response to a question by Stephanie Dunn relating to the Council's action taken in Item 11.b.,
Mayor Ferrara explained the impacts to the City should the propositions on the State's Special
Election ballot fail. He also noted that the State could invoke the provisions of Proposition 1A
passed by the voters in 2004, which would result in the State borrowing money from cities and
counties.
17. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 7:40 p.m.
Tony er ,Mayor
ATTEST:
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Kelly et or ity Clerk
(Approved at CC Mtg 5'o1(,e-oloog I