Minutes 2013-03-26r3q]
1. CALL TO ORDER
Mayor Ferrara called the Regular City Council Meeting to order at 6:00 p.m.
2. ROLL CALL
City Council: Council Member Jim Guthrie, Council Member Caren Ray, Council
Member Tim Brown, Mayor Pro Tern Costello, and Mayor Tony Ferrara
were present.
City Staff 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.
3. FLAG SALUTE
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 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 pursuant 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
Minutes: City Council Page 2
Tuesday, March 26, 2093
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.
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: Brown, Ray, Guthrie, Costello, Ferrara
NOES: 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.
Minutes: City Councit Page 3
Tuesday, March 26, 2013
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 Bice 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 MITIGATED
NEGATIVE DECLARATION AND APPROVING CONDITIONAL USE PERMIT CASE NO. 13-
001, ALLOWING FOR THE CONSTRUCTION OF 3,850 SQUARE -FOOT DRIVE- THROUGH
RESTAURANT; LOCATED AT 1400 WEST BRANCH STREET (NORTHWEST CORNER OF
WEST BRANCH STREET /CAMINO MERCADO INTERSECTION; APPLIED FOR BY NKT
DEVELOPMENT ". Council Member Ray seconded, and the motion passed on the following roll -
call vote:
AYES: Guthrie, Ray, Brown, Costello, Ferrara
NOES: None
ABSENT: None
Minutes: City Council
Tuesday, March 26, 2093
11. NEW BUSINESS
None.
12. CITY COUNCIL REPORTS
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 Tem 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 31St through April 12th and noted
that the next City Council meeting on April 9th has been cancelled.
16. STAFF COMMUNICATIONS
None.
Minutes: City Council
Tuesday, March 26, 2013
18. ADJOURN TO CLOSED SESSION
At 7:01 p.m., Mayor Ferrara adjourned the open session, and the Council proceeded to 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 Negotiator: Steven Adams, City Manager
Negotiating Party: Tierra Pacific Development, LLC A CA
Under Negotiation: Price, Terms and Conditions of Potential Purchase
• . 1 4 -ki ;
21. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 7:14 p.m.
Tony Ferra yor
ATTEST:
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Kelly W tm t, City Clerk
(Approved at CC Mtg "a 3 -Zn �- )