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CC 2013-04-23_08.c. Approval of Minutes 03-26-13MINUTES SPECIAL MEETING OF THE CITY COUNCIL TUESDAY, MARCH 26, 2013 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. ROLL CALL: Mayor Tony Ferrara called the special meeting to order at 5:30 p.m. Council Member Caren Ray, Council Member Jim Guthrie, Council Member Tim Brown, Mayor Pro Tern Joe Costello, City Manager Steven Adams and City Attorney Timothy Carmel were present. 2. PUBLIC COMMENT: None. 3. CITY COUNCIL CLOSED SESSION: a. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION pursuant to Government Code Section 54956.9(a): Name of Case: Santa Maria Valley Water Conservation District vs. City of Santa Maria. et al. and related actions. Santa Clara Superior Court Case No. CV 770214 b. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Property: Agency Negotiator: Negotiating Party: Under Negotiation: APN: 077-201-012; Located at 224 S. Halcyon Road Steven Adams, City Manager Tierra Pacific Development, LLC A CA Price, Terms and Conditions of Potential Purchase 4. RECONVENE TO OPEN SESSION: Mayor Ferrara announced that there was no reportable action from the closed session. 5. ADJOURNMENT: The meeting was adjourned at 5:52 p.m. Tony Ferrara, Mayor ATTEST: Kelly Wetmore, City Clerk (Approved at CC Mtg ------ Item 8.c. - Page 1 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, MARCH 26, 2013 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Ferrara called the Regular City Council Meeting to order at 6:00 p.m. 2. ROLL CALL City Council: City Staff Present: 3. FLAG SALUTE Council Member Jim Guthrie, Council Member Caren Ray, Council Member Tim Brown, Mayor Pro Tern Costello, and Mayor Tony Ferrara were present. City Manager Steven Adams, City Attorney Timothy Carmel, Director of Legislative and Information Services/City Clerk Kelly Wetmore, Interim Director of Administrative Services Ryan Cornell, Director of Community Development Teresa McClish, and Assistant Planner Matt Downing. Members of Cub Scout Pack 13 led the Flag Salute. 4. INVOCATION Dr. Mayer-Harnisch, Baha'i Faith, delivered the invocation. 5. AGENDA REVIEW 5.a. Closed Session Announcements: Mayor Ferrara announced that on Tuesday, March 12, 2013, after meeting in Closed Session regarding the following items, the Council reconvened into open session and announced that no reportable action was taken: CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6: Agency Negotiators: Deborah Glasser Kelly, 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 pursuant to Government Code Section 54956.8: Property: Agency Negotiator: Negotiating Party: Under Negotiation: APN: 006-153-009; Located at 270 N. Halcyon Road Steven Adams VCA South County Animal Hospital Inc., A CA Corp. Price, Terms and Conditions of Potential Purchase Item 8.c. - Page 2 Minutes: City Council Tuesday, March 26, 2013 Page2 5.b. Ordinances Read in Title Only. Council Member Brown moved, Council Member Costello seconded, and the motion passed unanimously that all ordinances presented at the meeting shall be read by title only and all further readings be waived. 6. SPECIAL PRESENTATIONS None. 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS Speaking from the public were Steve Ross, Garden Street, regarding the extended closure of Cechetti Road; and Barbara Harmon, S. Mason Street, regarding concerns about the location of the proposed restroom at Heritage Square Park. 8. CONSENT AGENDA Mayor Ferrara invited public comment on the Consent Agenda. There were no comments received and the public comment period was closed. Council Member Ray acknowledged the Supplemental Memo for Item 8.f. regarding a revised recommendation relating to acceptance of the Soto Sports Complex Electrical and Lighting Upgrade Project. Action: Council Member Brown moved, and Council Member Ray seconded the motion to approve Consent Agenda Items 8.a. through 8.h., with the recommended courses of action, including Item 8.f. as revised. The motion passed on the following roll-call vote: AYES: NOES: Brown, Ray, Guthrie, Costello, Ferrara None ABSENT: None 8.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period March 1, 2013 through March 15, 2013. 8.b. Consideration of Statement of Investment Deposits. Action: Received and filed the report listing the current investment deposits of the City, as of February 28, 2013, as required by Government Code Section 53646(b). 8.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council Meeting of March 12, 2013, as submitted. 8.d. Consideration of Cancellation of April 9, 2013 City Council Meeting. Action: Cancelled the regularly scheduled 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. Action: 1) Approved an exclusive listing agreement with Lenny Jones of Jones Goodell & Associates to sell three City-owned lots on Old Ranch Road; 2) Approved listing prices of $275,000, $269,000, and $259,000 for the three lots; 3) Authorized the City Manager to approve counter offers contingent upon City Council approval; and 4) Appropriated $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. Item 8.c. - Page 3 Minutes: City Council Tuesday, March 26, 2013 Page3 8.f. Consideration of Acceptance of the Soto Sports Complex Electrical and Lighting Upgrade Project, PW 2012-01. Action: 1) Accepted 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 Upgrade Project; 2) Appropriated an additional $1,276 from the Park Improvement Fund to the Soto Sports Complex Electrical and Lighting Upgrade Project; 3) Directed staff to file a Notice of Completion; and 4) Authorized release of the retention, thirty-five (35) 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. Action: Adopted Resolution No. 4517 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT CASE NO. 13-001; RELATED TO STREET CLOSURES FOR THE AMGEN TOUR OF CALIFORNIA BIKE RACE; APPLIED FOR BY AEG CYCLING LLC". 8.h. Consideration of Letter of Support for the Nipomo Phased Supplemental Water Supply Project. Action: Submitted 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. 9. PUBLIC HEARINGS 9.a. Consideration of Conditional Use Permit No. 13-001; Location -1400 West Branch Street (Panera Bread); Applicant -NKT Development. Associate Planner Downing presented the staff report and recommended the Council review the proposed project and adopt a Resolution adopting a Mitigated Negative Declaration and approving Conditional Use Permit No. 13-001 for the construction of a 3,850 square-foot drive- through restaurant at 1400 West Branch Street. Michael Peachey, project representative responded to comments and spoke in support of the project. Mayor Ferrara opened the public hearing. Speaking from the public in support of the project was Steve Ross, Garden Street. Hearing no further comments, Mayor Ferrara closed the Public Hearing. Action: Council Member Guthrie moved to adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MIT/GA TED NEGATIVE DECLARATION AND APPROVING CONDITIONAL USE PERMIT CASE NO. 13- 001, ALLOWING FOR THE CONSTRUCTION OF A 3,850 SQUARE-FOOT DR/VE-THROUGH RESTAURANT; LOCATED AT 1400 WEST BRANCH STREET (NORTHWEST CORNER OF WEST BRANCH STREET/CAMINO MERCADO INTERSECT/ON; APPLIED FOR BY NKT DEVELOPMENT". Council Member Ray seconded, and the motion passed on the following roll- call vote: AYES: NOES: ABSENT: Guthrie, Ray, Brown, Costello, Ferrara None None Item 8.c. - Page 4 Minutes: City Council Tuesday, March 26, 2013 10. CONTINUED BUSINESS None. 11. NEW BUSINESS None. 12. CITY COUNCIL REPORTS Page4 The Mayor and Council Members provided brief reports from the following committee, commission, board, or other subcommittee meetings that they have attended as the City's appointed representative. (a) Mayor Ferrara: (1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORTA) (2) South San Luis Obispo County Sanitation District (SSLOCSD) (b) Mayor Pro Tern Costello: (1) Air Pollution Control District (APCD) (2) Five Cities Fire Authority (FCFA) (c) Council Member Guthrie: (1) South County Area Transit (SCAT) (2) Homeless Services Coordinating Council (HSOC) (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 (e) Council Member Brown: (1) Integrated Waste Management Authority Board (IWMA) (2) County Water Resources Advisory Committee (WRAC) 13. CITY COUNCIL MEMBER ITEMS None. 14. CITY MANAGER ITEMS None. 15. COUNCIL COMMUNICATIONS Council Member Ray recommended implementation of a historic preservation award program in the City. Mayor Ferrara announced he will be out of town from March 31 51 through April 12 1 h and noted that the next City Council meeting on April gth has been cancelled. 16. STAFF COMMUNICATIONS None. Item 8.c. - Page 5 Minutes: City Council Tuesday, March 26, 2013 17. COMMUNITY COMMENTS AND SUGGESTIONS None. 18. ADJOURN TO CLOSED SESSION Pages At 7:01 p.m., Mayor Ferrara adjourned the open session, and the Council proceeded to closed session. 19. CLOSED SESSION a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Property: Agency Negotiator: Negotiating Party: Under Negotiation: APN: 077-201-012; Located at 224 S. Halcyon Road Steven Adams, City Manager Tierra Pacific Development, LLC A CA Price, Terms and Conditions of Potential Purchase 20. RECONVENE TO OPEN SESSION 21. ADJOURNMENT Mayor Ferrara adjourned the meeting at 7:14 p.m. Tony Ferrara, Mayor ATTEST: Kelly Wetmore, City Clerk (Approved at CC Mtg------ Item 8.c. - Page 6