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CC 2013-03-26 Agenda Summary City Council St even Adams, City Manager Timoth y J. Carmel , City Attorney Kelly Wetmore, City Clerk Tony Ferrara , Mayor Joe Costello , Mayor Pro Tem Jim Guthrie , Council Member Caren Ray , Counci l Member Tim Brown , Council Member AGENDA SUMMARY CITY COUNCIL MEETING TUESDAY, MARCH 2 6 , 2013 6:00 P.M. Arroyo Grande City Council Chambers 2 15 East Branch Street, Arroyo Grande 1. CALL TO ORDER : 6 :00 P.M. 2. ROLL CALL 3. FLAG SALUTE : CUB SCOUT PACK 13 4. INVOCATION : MAYER -HARNISCH BAHAI FAITH 5 . AGENDA REVIEW : 5.a. Closed Session An nouncements : On Tuesday, March 12 , 201 3 , met in Closed Session regarding: - CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6: Agency Negotiators : Deborah Glasser Kolly, Steven Adams Represented Employees: Arroyo Grande Police Officers' Association - CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6: Agency Negotiator: Steven Adams Represented Employees: Service Employees International Union, Local 620 - CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursu ant to Government Code Section 54956.8: Property: APN: 006 -153 -009; Located at 270 N. Halcyon Road Agency Negotiator: Steven Adams Negotiating Party: VCA South County Animal Hospital Inc., A CA Corp. Under Negotiation: Price, Terms and Conditions of Potential Purchase T he Mayor or City Attorney will announce any reportable actions taken , if any . Agenda AGENDA SUMMARY – MARCH 26, 2013 PAGE 2 5. AGENDA REVIEW (cont’d): 5.b. Move that all ordinances presented for introduction or adoption be read in title only and all further readings be waived 6 . SPECIAL PRESENTATIONS : None. 7. COMMUNITY COMMENTS AND SUGGESTIONS : This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions on matters not scheduled on this agenda. Comments should be lim ited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. In response to your comments, the Mayor or presiding Council Member may:  D irect City staff to assist or coordinate with you.  A Council Member may state a desire to meet with you.  It may be the desire of the Council to place your issue or matter on a future Council agenda. Please adhere to the following procedures when addressin g the Council:  Comments should be limited to 3 minutes or less.  Your comments should be directed to the Council as a whole and not directed to individual Council members.  Slanderous, profane or personal remarks against any Council Member or member of the audience shall not be permitted. 8. CONSENT AGENDA : The following routine items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Any member of the public who wishes to comment on any Consent Agenda it em may do so at this time. Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action. The City Council may approve the remainder of the Consent Agenda on one motion . 8 .a. Consideration of C ash Disbursement Ratification (CORNELL ) Recommended Action: Ratify the listing of cash disbursements for the period March 1 , 20 1 3 through March 15 , 20 1 3 . 8.b. Consideration of Statement of Investment Deposits (CORNELL ) Recommended Ac tion: Receive and file the report listing the current investment deposits of the City, as of Februa ry 28 , 201 3 , as required by Government Code Section 53646(b). AGENDA SUMMARY – MARCH 26, 2013 PAGE 3 8. CONSENT AGENDA (cont’d): 8.c . Consideration of Approval of Minutes (WETMORE) Recommended Action: Approve the minutes of the Regular City Council Meeting of March 12 , 201 3 , as submitted. 8.d . Consideration of Cancellation of April 9, 2013 City Council Meeting (ADAMS ) Recommended Action: Cancel the regularly s cheduled Council meeting of April 9, 2013 . 8.e. Consideration of Realtor Listing Agreement, Listing Prices and Utilities Installation for Sale of Old Ranch Road Properties (ADAMS) Recommended Action: 1) Approve an exclusive listing agreement with Lenny Jones of Jones Goodell & Associat es to sell three City -owned lots on Old Ranch Road; 2) Approve listing prices of $275,000 , $269,000 , and $259,000 for the three lots; 3) Authorize the City Manager to approve counter offers contingent upon City Council approval; and 4) Appropriate $30,000 from the Sewer Fund and $70,000 from the Water Fund and authorize the City Manager to approve a contract to the lowest responsible bidder to install sewer and water line connections to the lots. 8 .f . Consideration of Acceptance of the Soto Sports Complex Electrical and Lighting Upgrade Project, PW 2012 -01 (ENGLISH ) Recommended Action: 1) Accept the project improvements as constructed by R&M Electric, Inc. in accordance with the plans and specifications for the Soto Sports Complex Electrical and Lighting U pgrade Project; 2) Appropriate an additional $1,276 from the Park Improvement Fund to the Soto Sports Complex Electrical and Lighting Upgrade Project; 3) Direct staff to file a Notice of Completion; and 4 ) Authorize release of the retention, thirty -five (3 5) days after the Notice of Completion has been recorded, if no liens have been filed . 8.g . Consideration of Temporary Use Permit No. 13 -001; Regarding Street Closures for the Amgen Tour of California Bike Race on Thursday, May 16, 2013 (McCLISH ) Recomm ended Action: Adopt a Resolution approving Temporary Use Permit No. 13 -001 for the Amgen Tour of California Bike Race on Thursday, May 16, 2013 . 8.h. Consideration of Letter of Support for the Nipomo Phased Supplemental Wate r Supply Project (McCLISH ) Re commended Action: Submit a letter of support for the Nipomo Community Services District Phased Supplemental Water Supply Project to the Board of Directors of the Nipomo Community Services District . AGENDA SUMMARY – MARCH 26, 2013 PAGE 4 9. PUBLIC HEARINGS : 9.a. Consideration of Co nd itional Use Permit No. 13 -001; L ocat ion - 1400 West Branch Street (Panera Bread); Applicant – NKT Development (McCLISH) Recommended Action: Review the proposed project and adopt a Resolution a dopting a Mitigated Negative Declaration and a pproving Conditi on al Use Permit No. 13 -001 for the construction of a 3,850 square -foot drive -through restaurant at 1400 West Branch Street. 10. CONTINUED BUSINESS : None . 11. NEW BUSINESS : None . 12. CITY COUNCIL REPORTS : This item gives the Mayor and Council Member s the opportunity to present reports to the other members regarding committees, commissions, boards, or special projects on which they may be participating. (a) MAYOR FERRARA: (1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authori ty (SLOCOG/SLORTA) (2) South San Luis Obispo County Sanitation District (SSLOCSD) (3) Other (b) MAYOR PRO TEM COSTELLO: (1) Air Pollution Control District (APCD) (2) Five Cities Fire Authority (FCFA) (3) Other (c ) COUNCIL MEMBER GUTHRIE: (1) South County Area Transit (SCAT) (2) Homeless Services Coordinating Council (HSOC) (3) Other (d ) COUNCIL MEMBER RAY: (1) Economic Vitality Corporation (EVC) (2 ) Zone 3 Water Advisory Board (3 ) California Joint Powers Insurance Authority (CJPIA) (4 ) Tourism Committee (5 ) Other (e) COU NCIL MEMBER BROWN: (1) Integrated Waste Management Authority Board (IWMA) (2) County Water Resources Advisory Committee (WRAC) (3) Other AGENDA SUMMARY – MARCH 26, 2013 PAGE 5 13. CITY COUNCIL MEMBER ITEMS : The following item(s) are placed on the agenda by a Council Member who would like to r eceive feedback, direct staff to prepare information, and/or request a formal agenda report be prepared and the item placed on a future agenda. No formal action can be taken. None. 14. CITY MANAGER ITEMS : The following item(s) are placed on the agenda by the City Manager in order to receive feedback and/or request direction from the Council. No formal action can be taken. None. 15. COUNCIL COMMUNICATIONS : Correspondence/Comments as presented by the City Council. 16. STAFF COMMUNICATIONS : Correspon dence/Comments as presented by the City Manager. 17. COMMUNITY COMMENTS AND SUGGESTIONS : This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions. Comments should be limited to those matters tha t are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. 18. A DJOURN TO CLOSED SESSION : Prior to adjournment to Closed Session, a ny member of the public who wishes to comment on any Closed Session item may do so at this time. 1 9 . CLOSED SESSION : a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 : Property : APN: 077 -201 -012; Located at 224 S. Halcyon Road Agency Negotia tor: Steven Adams, City Manager Negotiating Party: Tierra Pacific Development, LLC A CA Under Negotiation: Price, Terms and Conditions of Potential Purchase 20 . RECONVENE TO OPEN SESSION : 2 1 . ADJOURNMENT AGENDA SUMMARY – MARCH 26, 2013 PAGE 6 ************************* All staff report s or other written documentation, including any supplemental material distributed to a majority of the City Council within 72 hours of a regular meeting, relating to each item of business on the agenda are available for public inspection during regular bus iness hours in the City Clerk’s office, 300 E. Branch Street, Arroyo Grande. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by the Americans with Disabilities Act. To make a req uest for disability -related modification or accommodation, contact the Legislative and Information Services Department at 805 -473 -5414 as soon as possible and at least 48 hours prior to the meeting date. ************************ This agenda was prepared and posted pursuant to Government Code Section 54954.2. Agenda reports can be accessed and downloaded from the City’s website at www.arroyogrande.org ************************** C ity Council Meetings are cab lecast live and videotaped for replay on Arroyo Grande’s Government Access Channel 20. The rebroadcast schedule is published at www.slo -span.org .