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Minutes 2009-08-25 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, AUGUST 25, 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 7:05 p.m. 2. ROLL CALL City Council: Council Members Chuck Fellows, Council Member Ed Arnold, Council Member Jim Guthrie, Mayor Pro Tem Costello, and Mayor Ferrara were present. City Staff Present: City Manager Steven Adams, City Attorney Tim Carmel, Director of Legislative and Information Services /City Clerk Kelly Wetmore, Director of Administrative Services Angela Kraetsch, Chief of Police Steve Annibali, Commander Chuck Gerhart, and Associate Planner Kelly Heffernon. 3. FLAG SALUTE Members of Cub Scout Pack 13, Den 2 led the Flag Salute. 4. INVOCATION Dr. Mayer Harnish, Bahai Faith, delivered the invocation. 5. SPECIAL PRESENTATIONS None. 6. AGENDA REVIEW 6.a. Ordinances Read in Title Only. Mayor Pro Tem Costello moved, Council Member Arnold 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. Mayor Ferrara pulled Item 8.g. for questions and clarification. Mayor Ferrara observed that the City was renewing its existing agreement with ConocoPhillips Pipeline Company; however, he referred to the City's Emergency Plan (Plan) and whether or not a detailed inventory of the product going through the pipeline and the pipelines routes are identified in the Plan. City Attorney Carmel responded that staff would be returning to the Council with a proposed Ordinance to formally approve the franchise agreement on September 22 and he would ensure that the requested information was provided at that time. Minutes: City Council Meeting Page 2 Tuesday, August 25, 2009 Action: Mayor Pro Tem Costello moved, and Council Member Fellows seconded the motion to approve Consent Agenda Items 8.a. through 8.g., with the recommended courses of action. The motion passed on the following roll -call vote: AYES: Costello, Fellows, Guthrie, Arnold, Ferrara NOES: None ABSENT: None 8.a. Cash Disbursement Ratification. Recommended Action: Ratified the listing of cash disbursements for the period August 1, 2009 through August 15, 2009. 8.b. Consideration of Approval of Minutes. Recommended Action: Approved the minutes of the Special Meeting of July 28, 2009 and the Regular City Council /Redevelopment Agency Meeting of July 28, 2009. 8.c. Consideration of Approval of a Memorandum of Understanding with the Lucia Mar Unified School District for the Bright Futures Program. Recommended Action: 1) Approved a Memorandum of Understanding (MOU) with the Lucia Mar Unified School District for the Bright Futures After School Program; 2) Authorized the City Manager to sign the MOU; and 3) Authorized the City Manager to approve minor changes to the MOU determined to be consistent with the purpose of and beneficial to the program. 8.d. Consideration of a Third Amendment to an Agreement with Wallace Group for Consultant Engineering Services for the Reservoir No. 6 and Oro Booster Station Upgrade Projects. Recommended Action: 1) Approved a Third Amendment to the Agreement for Consultant Services with Wallace Group to increase the "not to exceed" amount by $39,500 to include landscape architectural, planning and construction support services as part of the Reservoir No. 6 and Oro Booster Station Upgrade projects; and 2) Authorized the Mayor to execute the amendment. 8.e. Consideration of Second Amendment to Agreement with Penfield Smith for Consultant Engineering Services. Recommended Action: 1) Approved a Second Amendment to the Agreement for Consultant Services with Penfield Smith to increase the "not to exceed" amount by $7,000 to include a detailed plan and profile for the storm drain and sewer plans, to modify the pavement rehabilitation strategy and storm drain configuration, and to include a pavement rehabilitation bid alternative as part of the West Branch Street Resurfacing capital improvement project; and 2) Authorized the City Manager to execute the amendment. 8.f. Consideration of a Resolution Establishing Increased Parking Citation Fines to Cover State and County Parking Violation Assessments. Recommended Action: Adopted Resolution No. 4214 as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING INCREASED PARKING CITATION FINES TO OFFSET INCREASED STATE AND COUNTY PARKING VIOLATION ASSESSMENTS Minutes: City Council Meeting Page 3 Tuesday, August 25, 2009 8.g. Consideration to Adopt a Resolution Declaring the Intention of the City Council of Arroyo Grande to Grant to ConocoPhillips Pipeline Company, a Franchise to Construct, Operate, and Maintain Pipelines for the Transportation of Oil, and other Specified Materials, in the City of Arroyo Grande. Recommended Action: Adopted Resolution No. 4215 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING ITS INTENTION TO GRANT A PIPELINE FRANCHISE TO CONOCOPHILLIPS PIPELINE COMPANY AND SETTING FORTH NOTICE OF THE TIME AND DATE OF THE PUBLIC HEARING TO OBJECT THERETO 9. PUBLIC HEARINGS: 9.a. Consideration of Appeal of Planning Commission's Approval of Vesting Tentative Parcel Map Case No. 05 -001 and Minor Exception Case No. 05 -006 to Subdivide a 1.28 Acre Parcel into Three (3) Residential Lots and Construct Two (2) Residences; Applicant Deblauw Builders, Inc.; Location 605 Eman Court. Recommended Action: Adopt a Resolution denying the appeal and upholding the Planning Commission's decision to approve Tentative Parcel Map No. 05 -001 and Minor Exception No. 05 -006. Associate Planner Kelly Heffernon reported that the City had received last minute correspondence from an attorney representing Environmental Center of San Luis Obispo (ECOSLO) and the San Luis Obispo Coastkeeper with regard to the mitigated negative declaration that was prepared for the project. Staff recommended that this item be continued to a date uncertain to allow adequate time to review and respond to the letter. Action: Mayor Pro Tem Costello moved to continue the public hearing regarding the appeal of the Planning Commission's approval of Vesting Tentative Parcel Map Case No. 05 -001 and Minor Exception Case No. 05 -006 to a date uncertain. Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Costello, Guthrie, Arnold, Fellows, Ferrara NOES: None ABSENT: None 10. CONTINUED BUSINESS: None. 11. NEW BUSINESS: None. 12. CITY COUNCIL REPORTS a. MAYOR TONY FERRARA: (1) San Luis Obispo Council of Governments /San Luis Obispo Regional Transit Authority (SLOCOG /SLORTA). SLOCOG and SLORTA have not met since the last report; however, they have been moving their offices. SLORTA is in Minutes: City Council Meeting Page 4 Tuesday, August 25, 2009 a new facility on S. Higuera where the busses are located and SLOCOG offices are on Marsh Street in San Luis Obispo. (2) South San Luis Obispo County Sanitation District (SSLOCSD). Reported that the District is experiencing diminishing revenues and they have had no new sewer hook -ups over the past two months. Will be reviewing the capital improvement plan for the major components and elements of the Sanitation plant and looking at a new approach to address the declining revenues. (3) Brisco /Halcyon /Hwy 101 Interchange Project Subcommittee. The next meeting is upcoming. (4) Recreation Center Subcommittee. The next meeting is upcoming. (5) Other. None. b. MAYOR PRO TEM JOE COSTELLO: (1) Zone 3 Water Advisory Board. Has not met since the last report. (2) Air Pollution Control District (APCD). Has not met since the last report. (3) Fire Oversight Committee. Has not met since the last report. (4) Other. None. c. COUNCIL MEMBER JIM GUTHRIE: (1) South County Area Transit (SCAT). Has not met since the last report. (2) Community Action Partnership. The County has identified a site for a homeless center "campus at the corner of Prado and Higuera in San Luis Obispo; the Community Action Partnership will be the lead agency on the project which will need some sort of a waiver from the Airport Advisory Board, as well as some resolution with the City of San Luis Obispo regarding parking requirements. (3) California Joint Powers Insurance Authority (CJPIA). No report at this time. (4) SLO County 10 -Year Plan to End Homelessness Leadership Council. See Community Action Partnership report above. (5) Tourism Committee. No report at this time. (6) Other. None. d. COUNCIL MEMBER ED ARNOLD: (1) Integrated Waste Management Authority Board (IWMA). Has not met during the summer. (2) Economic Vitality Corporation (EVC). Has not met during the summer. (3) Other. None. e. MAYOR PRO TEM CHUCK FELLOWS: (1) County Water Resources Advisory Committee (WRAC). Reported on distribution to Council of the invasive Quagga mussel report. (2) Other. None. 13. CITY COUNCIL MEMBER ITEMS: None. 14. CITY MANAGER ITEMS: None. Minutes: City Council Meeting Page 5 Tuesday, August 25, 2009 15. COUNCIL COMMUNICATIONS: Mayor Pro Tem Costello reported that some of the people associated with St. Patrick's School and that live in the area have some misconceptions concerning the proposed Police Station project and proposed workforce housing. He suggested a workshop or town hall meeting to provide information and clarification regarding the projects. 16. STAFF COMMUNICATIONS: None. 17. COMMUNITY COMMENTS AND SUGGESTIONS: None. 18. ADJOURNMENT Mayor Ferrara adjourned the meeting at 7:20 p.m. To Ferr M or ATTEST: a ,1,, Kelly We ore ity Clerk (Approved at C Mtg q -8- 01