Agenda Packet 2002-04-23
CITY COUNCIL City of
AGENDA jIrroyo qrancfe
Michael A. Lady Mayor
Thomas A. Runels Mayor Pro Tem
Jim Dickens Council Member Steven Adams City Manager
Tony Ferrara Council Member Timothy J. Carmel City Attorney
Sandy Lubin Council Member Kelly Wetmore Director, Administrative Services
AGENDA SUMMARY
CITY COUNCIUREDEVELOPMENT AGENCY MEETING
TUESDAY, APRIL 23,2002
7:00 P.M.
Arroyo Grande City Council Chambers
215 East Branch Street, Arroyo Grande
1. CALL TO ORDER: 7:00 P.M.
2. ROLL CALL COUNCIURDA
3. FLAG SALUTE: ARROYO GRANDE MASONIC LODGE #274
4. INVOCATION: PASTOR JARED HOOVER,
FIRST ASSEMBLY OF GOD,
ARROYO GRANDE
5. SPECIAL PRESENTATIONS:
5.a. Proclamation - Arbor Dav. April 26, 2002
5.b. Proclamation - Recoanizina Cuesta Colleae Expanded Campuses
6. AGENDA REVIEW:
6.a. Move that all resolutions and ordinances presented tonight be read in title only
and all further readings be waived.
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AGENDA SUMMARY - APRIL 23, 2002
PAGE 2
7. CITIZENS' INPUT, COMMENTS. AND SUGGESTIONS:
Persons in the audience may discuss business not scheduled on this agenda
regarding any item of interest within the jurisdiction of the Council. The Council
will listen to all communication; however, in compliance with the Brown Act, will
not take any action on items that are not on the agenda.
Upon completing your comments:
. You may be directed to staff for assistance;
. A Council Member may indicate an interest in discussing your issue
with you subsequent to the Council meeting;
. The Council may direct staff to research the issue and subsequently
report back to the Council (generally in the form of a memorandum or
staff report); or
. No action is required or taken.
8. CONSENT AGENDA:
The following routine items listed below are scheduled for consideration as a
group. The recommendations for each item are noted. 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may request that any item be withdrawn from the Consent Agenda to permit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. Cash Disbursement Ratification (SNODGRASS)
Recommended Action: Approve the listings of cash disbursements for the
period April 1 , 2002 through April 15, 2002.
8.b. Consideration of ADDroval of Minutes (WETMORE)
Recommended Action: Approve minutes for the Adjourned Regular City
Council Meeting and Special City Council Meeting of March 20, 2002.
8.c. Consideration of Proaress Payment No. 2 for the Oak Park Boulevard
Wldenlna Proiect. City Proiect No. PW-oO-o1 (SPAGNOLO)
Recommended Action: Authorize Progress Payment No. 2 in the amount of
$36,648.05 to Souza Construction for work completed on the Oak Park
Boulevard Widening project.
8.d. Consideration of Contribution for Pauldina/Judkins Middle Schools and
Arrovo Grande Hiah School Destination Imaaination Teams (ADAMS)
Recommended Action: Appropriate $500 for a contribution to the
Paulding/Judkins Middle Schools and Arroyo Grande High School Destination
Imagination teams.
9. PUBLIC HEARINGS:
None.
AGENDA SUMMARY - APRIL 23, 2002
PAGE 3
10. CONTINUED BUSINESS:
10.a. Transitions Mental Health Association Prolect Update (STRONG)
Recommended Action: Receive information and provide feedback.
11. NEW BUSINESS:
11.a. Consideration of Recommendations from DMG Maximus Report for
Operational Review and Evaluation of Fire and Emeraencv Medical Service
Needs in Arrovo Grande (FIBICH)
Recommended Action: Consider recommendations from DMG Maximus
Report and, if acceptable, direct staff to develop a long-range funding strategy
through the 10-year financial plan process and the annual budget to the extent
possible.
11.b. Consideration of Purchase Aareement with E. F. Moore & Company for
Poplar Street Pondina Basin Property and Improvements
(ADAMS! STRONG)
[COUNCIURDA]
Recommended Action: Adopt Resolution approving purchase agreement.
11.c. Consideration of Pre.applicatlon Review Case No. 02-001: Proposed
Rezone and Residential Subdivision. Located at 1595 East Grand Avenue
(Berrv Gardens Specific Plan Sub-area 3); Yoneii & Masako Matsumoto
Revocable Trust (STRONG)
Recommended Action: Review the project and provide direction and comments
to the applicant.
11.d. Consideration of Proposed Ordinance Amendina Arrovo Grande Municipal
Code Chapter 10.16 Reaardina Truck Parkina (SPAGNOLO)
Recommended Action: Introduce Ordinance amending Chapter 10.16 of the
Arroyo Grande Municipal Code.
11.e. Consideration of Implementina a Process to Monitor Nipomo Incorporation
Activities (ADAMSI STRONG)
Recommended Action: Approve implementing proposed process.
AGENDA SUMMARY - APRIL 23, 2002
PAGE 4
12. CITY COUNCIL REPORTS:
This item gives the Mayor and Council Members the opportunity to present
reports to the other members regarding committees, commissions, boards, or
special projects on which they may be participating.
(a) MAYOR MICHAEL A. LADY:
(1) South San Luis Obispo County Sanitation District (SSLOCSD)
(2) Other
(b) MAYOR PRO TEM THOMAS A. RUNELS:
(1) Zone 3 Water Advisory Board
(2) County Water Resources Advisory Committee (WRAC)
(3) Other
(c) COUNCIL MEMBER JIM DICKENS:
(1) Community Recreation Center Subcommittee
(2) Economic Opportunity Commission (EOC)
(3) South County Youth Coalition
(4) Other
(d) COUNCIL MEMBER TONY M. FERRARA:
(1) Integrated Waste Management Authority (IWMA)
(2) Air Pollution Control District (APCD)
(3) San Luis Obispo Council of Govemments/San Luis Obispo
Regional Transit Authority (SLOCOG/SLORTA)
(4) Other
(e) COUNCIL MEMBER SANDY LUBIN:
(1) South County Area Transit (SCAT)
(2) Economic Vitality Corporation (EVC)
(3) Other
13. CITY COUNCIL MEMBER ITEMS:
The following jtem(s) are placed on the agenda by the Mayor and/or a Council
Member who would like to receive 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.
a) 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.
a) None.
AGENDA SUMMARY - APRIL 23, 2002
PAGE 5
15. COUNCIL COMMUNICATIONS:
CorrespondencelComments as presented by the City Council.
16. STAFF COMMUNICATIONS:
Correspondence/Comments as presented by the City Manager.
17. ADJOURNMENT
* * * * * * *
Copies of the staff reports or other written materials relating to each item of business
referred to on this agenda are on file with the Director of Administrative Services and are
available for public inspection and reproduction at cost. If you have questions regarding
any agenda item, please contact the Director of Administrative Services at (805) 473-
5414.
* * * * * * *
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in a City meeting, please contact the Director of Administrative Services at
the number listed above at least 48 hours prior to the meeting to ensure that reasonable
arrangements can be made to provide accessibility to the meeting.
* * * * * * *
Note: This agenda is subject to amendment up to 72 hours prior to the date and time
set for the meeting. Please refer to the agenda posted at City Hall for any revisions, or
call the Director of Administrative Services at (805) 473-5414 for more information.
www.arrovoQrande.orQ
CITY OF ARROYO GRANDE - ABBREVIATIONS revised 08104/00
A Agricultural Preserve
AB Assembly Bill LAFCO Local Agency Formation Commission
ADA Americans with Disabilities Act LOCC League of California Cities
AG General Agriculture LLA Lot Line Adjustment
AGMC Arroyo Grande Municipal Code LUE Land Use Element
AGPOA Arroyo Grande Police Officers' Association MER Lot Merger
APN Assesso(s Parcel Number MF CondominiumITownhouse
APCB Air Pollution Control Board MFA Apartments
APCD Air Pollution Control District MHP Mobile Home Pari<s
ARC Architectural Review COmmittee 0 Office Professional
ASCE American Society Civil Engineers OCSD Oceano Community Services District
ASD Administrative Services Department OSCE Open Space and Conservation Element
AWWA American Water Works Association PC Planning Commission
BD Building Division PO Police Department
CA City Attomey PF Public/Quasi Public
CC City COuncil PPR Plot Plan Review
CCC Callfomia Conservation Corps PRO Parks & Recreation Department
CCCSIF Central Coast Cities Self-Insurance Fund PRE-APP Pre-application
CD Community Development PSHHC Peoples' SeW-Help Housing COrp.
CDBG Community Development Block Grant PSP Planned Sign Program
CE Circulation Element PUD Planned Unit Development
CEC California Energy Commission PIN Public Works Depariment
CECA Califomla Environmental Quality Act RDA Redevelopment Agency
CIP Capital Improvement Program RE Residential Estate
CIWMP California Integrated Waste Management Plan RFP Request for Proposals
CM City Manage(s Office RFQ Request for Qualifications
CMC California Men's Colony RH Hillside Residential
CMP Congestion Management Plan RHNP Regional Housing Needs Plan
COC Certificate of Compliance RR Rural Residential
CPI Consumer Price Index RS Suburban Residential
CUP COnditional Use Permit RTA Reversion to Acreage
DARE Drug Abuse Resistance Education RWOCB Regional Water Quality COntrol Board
DC Development Code SAC Staff Advisory Committee
DEA Drug Enforcement Administration SB Senate Bm
E.C. Election Code SCAT South County Area Transit
EDD Economic Development Depariment SEIU service Employees International Union
EDU Equivalent Dwelling Unit SF Single Family
EIR Environmental Impact Report SLO San Luis Obispo
EIS Environmental Impact Statement SLOCOG San Luis Obispo Council of Govemments
EOC Economic Opportunity Commission SLOHA San Luis Obispo Housing Authority
EVC Economic Vitality Corporation SLONTF San Luis Obispo Narcotics Task Force
FAU Federal Aid Urban SLORTA San Luis Obispo Regional Transit Authority
FD Fire Division SLOWRAC San Luis Obispo County Water Resources Advisory
FDAA Federal Disaster Assistance Administration COmmittee
FEMA Federal Emergency Management Agency SR Senior Housing
FID Financial Services Depariment SSLOCOWA South San Luis Obispo COunty Water Association
FPPC Fair Political Practices Commission SSLOCSD South San Luis Obispo COunty Sanitation District
FTA Federal Transit Administration SRRE Source Reduction & Recyciing Element
FY Fiscal Year $WRCD State Water Resources COntrol Board
G.C. Government Code TPM Tentative Parcel Map
GC General Commercial TT Tentative Tract Map
GF General Fund TTAC Transpor1atlon Technical AdvisOl)' Committee
GP Generel Plan TUP Temporary Use Permit
GPA General Plan Amendment UBC Uniform Building COde
HCD California Department of Housing and COmmunity UFC Uniform Fire Code
Development USA Underground Service Alert
HOP Home Occupancy Permit VAR Variance
HUD Housing and Urban Development Dep!. VC Village Commercial
I Industrial and Business Pari< VCB SLO County ViSUOlS & Conference Bureau
ISTEA Intermodal Surface Transpor1ation VSR View Shed Review
JPA Joint Powers Authority ZONE 3 San Luis Obispo County Flood Controi and Water
COnservation District - Zone 3 (Lopez Project)
5.a.
Honorary Proclamation
Recognizing
"Arbor Day"
April 28, 2002
WHEREAS, in 1872 J. Sterling Morton proposed to the
Nebraska Board of Agriculture that a special day be set aside
for the planting of trees; and
WHEREAS, this holiday, called Arbor Day, was first observed
with the planting of more than a million trees in Nebraska; and
WHEREAS, Arbor Day is now observed throughout the nation
and the world; and
WHEREAS, trees can reduce the erosion of our precious
topsoil by wind and water, cut heating and cooling costs,
moderate the temperature, clean the air, produce oxygen, and
provide habitat for wildlife; and
WHEREAS, trees are a renewable resource giving us paper,
wood for our homes, fuel for our fires, and countless other
wood products, inci".ease property values, enhance the
economic vitality of business areas, and beautify our
community; and
WHEREAS, the City of Arroyo Grande has been recognized as
a Tree City USA by the National Arbor Day Foundationfor the
20th consecutive year and desires to continue its tree-planting
ways.
NOW THEREFORE, BE IT RESOLVED, that i, Michael A. Lady,
Mayor of the City of Arroyo Grande, on behalf of the City
Council, do hereby recognize and proclaim April 26th as
"ARBOR DAY" in the City of Arroyo Grande, and urge all
citizens to support efforts to care for our trees and woodlands
and to support our City's community forestry program.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Seal of the City of Arroyo Grande to be affixed this
23rd day of April 2002.
MICHAELA. LADY, MAYOR
'~
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7fl.lE(C {OJ((iff!Jfflffff!JrG 7![}{ffE JE}[fpJ#JflIDJlEfDJ (c#JfMlPJUJJ5lE5
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of'\',""
Cuesta'Colleg~
WHEREAS, the San Luis Obispo Community College District has provided
quality and affordable higher education through Cuesta College since its
inception on April 16, 1963; and
WBERF1"~, Cuesta College has since expanded &om one campus in San Luis
Obispo, to a second campus in Paso Robles and a satellite center in Arroyo
Grande; and
WHEREAS, Cuesta College now provides educational programs and services for
nearly 10,000 students at the three sites in San Luis Obispo County; and
WHEREAS, Cuesta College offers 6~ Associate Degrees, 67 Certificates and
more than 1,100 course offerings each semester; and
WHEREAS, Cuesta College employs more than 6S0
faculty, statr and managers and more than 400 hourly
employees, and contributes more than $39 million hi
direct hlcome to the Colmty of San Luis Obispo; and
WHEREAS, Cuesta College's Arroyo Grande Center currently serves more than
4~0 South Comity residents of Avila Beach, Shell Beach, Pismo Beach, Grover
Beach, Arroyo Grande, Oceano and Nipomo; and
WHEREAS, Cuesta College plans to create an additional presence at Nipomo
High School begiIming hi Fall 2002.
NOW, THEREFORE, BE IT RESOLVED, that I, Michael A. Lady, Mayor of
the City of Arroyo Grande, on behalf of the City Council, do hereby recognize and
congratulate Cuesta College for expandbIg access and services to South County
residents through the Expanded Campus of Arroyo Grande. and the soon.to-be
Nipomo Campus.
IN WITNESS WHEREOF, I have heremlto set my hand and caused the Seal of
the City of Arroyo Grande to be affixed this 23'" day of April, 2002.
MICHAELA. LADY, MAYOR
8.a.
MEMORANDUM
TO: CITY COUNCIL
FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES ~
BY: JANET M. HUWALDT, ACCOUNTING SUPERVISOR~
SUBJECT: CASH DISBURSEMENT RA TIFICA TION
DATE: APRIL 23, 2002
RECOMMENDATION:
It is recommended the City Council ratify the attached listing of cash disbursements for
the period April 1 - April 15, 2002.
FUNDING:
There is a $477,164.32 fiscal impact.
DISCUSSION:
The attached listing represents the cash disbursements required of normal and usual
operations. It is requested that the City Council approve these payments.
ATTACHMENTS:
ATTACHMENT 1 - Cash Disbursement Listing
ATTACHMENT 2 - April 5, 2002 Accounts Payable Check Register
ATTACHMENT 3 - April 5, 2002 Payroll Checks and Benefit Checks
ATTACHMENT 4- April 12, 2002 Accounts Payable Check Register
-- ---_.-
AIT ACHMENT 1
CITY OF ARROYO GRANDE
CASH DISBURSEMENTS
For the Period of Apri1 1 Through April 15, 2002
April 23, 2002
Presented are the cash disbursements issued by the Department of Financial Services for
the period April 1 to April 15, 2002. Shown are cash disbursements by week of occurrence
and type of payment.
WEEK TYPE OF PAYMENT SCHEDULE AMOUNT
April 5, 2002
Accounts Payable Cks 105140-105248 2 $128,393.35
Payroll Checks and Benefit Checks 3 292,891.93
421,285.28
April 12, 2002
Accounts Payable Cks 105262-105105355 4 273,390.46
Less Payroll Cks included on April 5th Listing -217,511.42
55,879.04
Two Week Total $ 477.164.32
CITY OF ARROYO GRANDE
INDEX FOR BUDGET DEPARTMENTS
EDEN COMPUTER SYSTEM
GENERAL FUND (fiO) SPEGAL REVENUE FUNDS
City Government (Fund 010) Park Development Fee Fund (Fund 213)
4001 - City Council 4550 - Park Development Fee
4002 - Administrative Services Traffic Signal Fund (Fund 222)
4003 - City Attorney 4501 - Traffic Fund
4101 - City Manager Transportation Fund (Fund 225)
4102 - Printing/Duplicating 4553 - Public Transit System
4120 - Financial Services Construction Tax Fund (Fund 230)
4121 - Taxes/ Insurance/ Bonds 4556 - Construction Tax
4130 - Community Development Police Grant Funds
4131 - Community Building (CDBG) 4201 - Law Enforcement Equip. (Fd 272)
4140 - Management Information System 4202 - State AB3229 Cops Grant (Fd 271)
4145 - Non Departmental 4203 - Federal Universal Hiring (Fd 274)
Public Safety (Fund 010) 4208 - Federal Local Law Enforcmt (FD 279)
4201 - Police Redevelopment Agency ( Fund 284)
4211 - Fire 4103 - Redevelopment Administration
4212 - Building & Safety ENTERPRISE FUNDS
Public Works (Fund 010) Sewer Fund (Fund 612)
4301 - Public Works-Admin & Engineering 4610 - Sewer Maintenance
4303 - Street/Bridge Maintenance Water Fund (Fund 640)
4304 - Street lighting 4710 - Water Administration
4305 - Automotive Shop 4711 - Water Production
Parks & Recreation (Fund 010) 4712 - Water Distribution
4420 - Parks Lopez Administration (Fund 641)
4421 - Recreation 4750 - Lopez Administration
4422 - General Recrea tion CAPITAL IMPROVEMENT PROGRAMS (Fund 350)
4423 - Pre-School Program 5501-5599 - Park Projects
4424 - Recreation-Special Programs 5601-5699 - Streets Projects
4425 - Children in Motion 5701-5799 - Drainage Projects
4426 - Five Cities Youth Basketball 5801-5899 - Water/Sewer/Street Projects
4430 - Soto Sport Complex 5901-5999 - Water Projects
4213 - Government Buildings
4460 - Parkway Maintenance
Dept. Index for Council.xls
ATTACill1E~~T 2
VOUCHRE2 CITY OF ARROYO GRANDE PAGE 1
04/03/02 07:46 VOUCHER/CHECK REGISTER
FOR PERIOD 10
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT
105140 04/05/02 000780 ACCURATE FLO & MOTION HYD-HOSES/ENDS 010.4420.5603 34.70 34.70
105141 04/05/02 004914 APEX SHARPENING WORKS SPARK PLUGS-CHAIN SAW 010.4211.5603 26.54 26.54
105142 04/05/02 101617 AUTO GLASS CENTRAL WINDSHIELD 010.4211.5603 233.41 233.41
105143 04/05/02 100902 AVCO FIRE EXTINGUISHER AGFD FIRE EXTINGISHER SVC 010.4213.5604 286.20
105143 04/05/02 100902 AVCO FIRE EXTINGUISHER FIRE EXTINGUISHER SVC-AGFD 010.4213.5604 28.56 314.76
105144 04/05/02 101810 BASIC CHEMICAL SOLUTION SODIUM HYPOCHLORITE 640.4712.5274 429.39 429.39
105145 04/05/02 102278 MICAH BENEVEDO B/BALL LGE.SCORER-BENEVEDO 010.4424.5352 90.00 90.00
105146 04/05/02 012168 BOXX EXPRESS UPS SHIPPING CHARGES 010.4211.5201 7.89 7.89
105147 04/05/02 102259 CHESSIE BREHM B/BALL LGE.SCORER-BREHM 010.4424.5352 67.50 67.50
105148 04/05/02 013026 BRISCO MILL & LUMBER BULBS 010.4213.5604 28.89
105148 04/05/02 013026 BRISCO MILL & LUMBER CEILING TILES 010.4213.5604 25.65 54.54
105149 04/05/02 101431 BURDINE PRINTING TYPESET BUSINESS CARDS 010.4102.5306 17.50 17.50
105150 04/05/02 101619 ROB BURT B/BALL LGE.OFFICIAL-ROB BURT 010.4424.5352 224.00 224.00
105151 04/05/02 013834 BURTON'S FIRE APPARATUS SLIDES GRANT 010.4211.5601 128.46
105151 04/05/02 013834 BURTON'S FIRE APPARATUS SEAT WECO/RING 010.4211.5601 231.82 360.28
105152 04/05/02 100731 C.L.E.A.R.S. REGIS-SHAWN PRYOR C.L.E.A.R.S 010.4201.5501 85.00 85.00
105153 04/05/02 018330 CA.ST.DEPT.OF JUSTICE FINGERPRINT CHECK 010.4120.5315 32.00
105153 04/05/02 018330 CA. ST. DEPT. OF JUSTICE FINGERPRINT CHECK 010.4425.5315 243.00
105153 04/05/02 018330 CA.ST.DEPT.OF JUSTICE FINGERPRINT CHECK 010.4421.5315 32.00
105153 04/05/02 018330 CA. ST. DEPT. OF JUSTICE FINGERPRINT CHECK 010.4201.5329 492.00 799.00
105154 04/05/02 019110 CA. TRUCKING ASSOCIATION CTA DUES- lNESS 010.4305.5503 78.00
105154 04/05/02 019110 CA. TRUCKING ASSOCIATION erA DUES - INESS 010.4305.5501 82.00 160.00
105155 04/05/02 015990 CALIFORNIA FIRE CHIEFS CFCA REGIS FEE-FIBICH 010.4211.5501 30.00 30.00
105156 04/05/02 021138 CENTRAL COAST FENCE TRASH BAGS 220.4303.5255 157.66 157.66
105157 04/05/02 102652 CENTRAL COAST GASES OXYGEN/ACETYLENE 010.4305.5303 25.07
105157 04/05/02 102652 CENTRAL COAST GASES OXYGEN/ACETYLENE 010.4305.5303 26.77
105157 04/05/02 102652 CENTRAL COAST GASES OXYGEN/ACETYLENE 640.4712.5303 26.77 78.61
105158 04/05/02 021918 CENTRAL COAST SUPPLY BLDG MAINT.SUPPLIES 010.4420.5605 861.22 861.22
105159 04/05/02 100521 CHANNEL COUNTIES DIVIS I LOCC DUES-ARROYO GRANDE-CITY 010.4145.5503 100.00 100.00
105160 04/05/02 022632 CHAPARRAL COPIER MAINT/USEAGE/OVERAGE 010.4421. 5602 125.76 125.76
VOUCHRE2 CITY OF ARROYO GRANDE PAGE 2
04/03/02 07:46 VOUCHER/CHECK REGISTER
FOR PERIOD 10
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER N!\ME DESCRIPTION NUMBER !\MOUNT !\MOUNT
105161 04/05/02 102386 CHIEF SUPPLY GOGGLES 010.4211.5272 194.12 194.12
105162 04/05/02 023322 CHRISTIANSON CHEVROLET GLASS CLEANER 010.4211.5601 57.44
105162 04/05/02 023322 CHRISTIANSON CHEVROLET REPR.WIRING P57 010.4420.5601 79.92
105162 04/05/02 023322 CHRISTIANSON CHEVROLET ENGINE REPAIR-BLAZER 010.4212.5601 506.40 643.76
105163 04/05/02 102896 LAURA CISNEROS REF.PARK DEP-CISNEROS 010.0000.4354 26.00 26.00
105164 04/05/02 102890 CNOA REGION VI REGIS-STREET DEV-4 OFFICERS 010.4201.5501 200.00 200.00
105165 04/05/02 024832 COMMUNICATION SOLUTIONS MODIFICATION PROGRAM 640.4712.5303 217.50
105165 04/05/02 024832 COMMUNICATION SOLUTIONS REPL.ALARM LAMP 640.4712.5303 138.93 356.43
105166 04/05/02 025428 CONSOLIDATED ELECTRICAL BROAN FAN METER 010.4213.5604 4.91 4.91
105167 04/05/02 026754 CRYSTAL SPRINGS WATER C BOTTLED WATER 010.4101.5201 5.00 5.00
105168 04/05/02 028548 DAYSTAR INDUSTRIES STREET SWEEPING 612.46~.0.5303 5,844.20 5,844.20
105169 04/05/02 016302 DEPARTMENT OF CORRECTIO CMC CREW-FEB 220.4303.5303 3,854.18 3,854.18
105170 04/05/02 029484 DIESELRO INC. B.I.T.INSPECT-PW41 220.4303.5601 52.00
105170 04/05/02 029484 DIESELRO INC. B.I.T.INSPECT-PW15 220.4303.5601 52.00
105170 04/05/02 029484 DIESELRO INC. B.I.T.INSPECT-PW50 220.4303.5501 52.00
105170 04/05/02 029484 DIESELRO INC. B.I.T.INSPECT-PW27 220.4303.5601 52.00 208.00
105171 04/05/02 101255 DORFMAN HOMES, INC. REF. FIRE PLN.CK-1169 PRADERA 010.0000.4124 150.00
105171 04/05/02 101255 DORFMAN HOMES,INC. REF. WATER METER-1169 PRADERA 640.0000.4758 84.00 234.00
105172 04/05/02 102574 EARTHLINK, INC DIAL-UP ACCT-CITY WEBSITE FTP 010.4140.5303 21.95 21. 95
105173 04/05/02 100544 ECONOMIC VITALITY CORP PLATINUM LEVEL INVESTOR 284.4103.5303 2,500.00 2,500.00
105174 04/05/02 101379 FERGUSON ENTERPRISES,IN METER BOXES 640.4712.5610 437.58
105174 04/05/02 101379 FERGUSON ENTERPRISES,IN BRZ RED PRES BACKFLOWS 010.4420.5605 239.59
105174 04/05/02 101379 FERGUSON ENTERPRISES,IN BALL VALVES 640.4712.5610 445.09
105174 04/05/02 101379 FERGUSON ENTERPRISES,IN TRAINING MANAGEMENT-FERDOLAGE 010.4201.5501 244.52 1,366.78
105175 04/05/02 101662 FORD QUALITY FLEET CARE REPL.SPEED SENSOR ASSEMBLY 612.4610.5601 464.02 464.02
105176 04/05/02 035802 FRANK'S LOCK & KEY INC PADLOCKS 640.4712.5255 124.20
105176 04/05/02 035802 FRANK'S LOCK & KEY INC DUP. AXLE PIN 010.4420.5605 9.22
105176 04/05/02 035802 FRANK'S LOCK & KEY INC DUP.KEYS 010.4420.5605 4.83
105176 04/05/02 035802 FRANK'S LOCK & KEY INC KEY BACK-PW36 010.4305.5601 10.19 148.44
105177 04/05/02 102898 MIKE GOBBELL REF. PARK DEP-GOBBELL 010.0000.4354 55.00 55.00
105178 04/05/02 102892 JEANNETTE GOUIN REF. PARK DEPOSIT-GOUIN 010.0000.4354 26.00 26.00
105179 04/05/02 040092 ALLAN HANCOCK COLLEGE CERTIFICATION FEE 010.4211.5501 119.00 119.00
VOUCHRE2 CITY OF ARROYO GRANDE PAGE 3
04/03/02 07:46 VOUCHER/CHECK REGISTER
FOR PERIOD 10
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT
105180 04/05/02 101088 HANSON AGGREGATES ASPHALT 220.4303.5613 457.56
105180 04/05/02 101088 HANSON AGGREGATES ASPHALT 220.4303.5613 460.18 917.74
105181 04/05/02 102280 CHUCK HARE B/BALL LGE.OFFICIAL-HARE 010.4424.5352 96.00 96.00
105182 04/05/02 100348 JAMIE HEINZE B/BALL LGE.SCORER-HEINZE 010.4424.5352 60.00 60.00
105183 04/05/02 101327 ROBERT HOPKINS HOMICIDE TRAINING-HOPKINS 010.4201. 5501 364.36 364.36
105184 04/05/02 100595 IDEA BANK ER GUIDE VIDEO 010.4211.5504 219.14 219.14
105185 04/05/02 102260 BRYCEN IKEDA B/BALL LGE.SCORER-IKEDA 010.4424.5352 90.00 90.00
105186 04/05/02 102849 SHELBY IKEDA B/BALL LGE.SCORER-IKEDA 010.4424.5352 45.00 45.00
105187 04/05/02 102701 INDOFF, INC. OFFICE SUPPLIES 010.4101.5201 34.28
105187 04/05/02 102701 INDOFF, INC. OFFICE SUPPLIES 010.4101.5201 47.46
105187 04/05/02 102701 INDOFF, INC. OFFICE SUPPLIES 010.4101.5201 29.45
105187 04/05/02 102701 INDOFF, INC. OFFICE SUPPLIES 010.4301.5201 15.08
105187 04/05/02 102701 INDOFF,INC. OFFICE SUPPLIES 010.4211.5201 117.15
105187 04/05/02 102701 INDOFF, INC. OFFICE SUPPLIES 010.4101.5201 75.10
105187 04/05/02 102701 INDOFF, INC. OFFICE SUPPLIES 010.4211.5201 16.97-
105187 04/05/02 102701 INDOFF, INC. OFFICE SUPPLIES 010.4211. 5201 63.16 384.71
105188 04/05/02 044496 INFORMATION SERVICES DAS SVCS 2/16-2/28 010.4140.5303 2,778.48
105188 04/05/02 044496 INFORMATION SERVICES DAS SVC 3/1-3/15 010.4140.5303 2,469.76 5,248.24
105189 04/05/02 046176 J J'S FOOD COMPANY STATION SUPPLIES 010.4211.5255 15.16
105189 04/05/02 046176 J JIS FOOD COMPANY LOPEZ MEETING SUPPLIES 010.4001. 5201 27.58 42.74
105190 04/05/02 100869 KIS COMMUNICATIONS,INC WEBSITE HOSTING SVCS~APRIL/JUN 010.4140.5303 89.85 89.85
105191 04/05/02 102666 VALERIE KLINE PILATES CLASS-KLINE 010.4424.5351 25.20 25.20
105192 04/05/02 050504 LAurZENHISER'S STATION CUSTOM AGENDA BOOK 010.4001.5201 227.61 227.61
105193 04/05/02 102889 LIBERTY INDUSTRIES GRAFEITI REMOVER 010.4213.5604 391. 90 391.90
105194 04/05/02 100985 DOUG LINTNER B/BALL LGE.OFFICIAL-LINTNER 010.4424.5352 176.00 176.00
105195 04/05/02 102667 ROSEMARY LOPEZ CHEER & POM CLASS-LOPEZ 010.4424.5351 70.00 70.00
105196 04/05/02 102261 KIMBERLY MARSALEK B/BALL LGE.SCORER-MARSALEK 010.4424.5352 45.00 45.00
105197 04/05/02 102894 STEPHANIE MCCORMACK REF.PARK DEP-MCCORMACK 010.0000.4354 26.00 26.00
105198 04/05/02 102881 MCMASTER-CARR SUPPLY CO WOVEN WIRE CLOTH 010.4211.5601 381.08 381.08
105199 04/05/02 102850 JOHNNY MEJIA B/BALL LGE.OFFIC!AL-MEJIA 010.4424.5352 96.00 96.00
105201 04/05/02 057096 MINER'S ACE HARDWARE HASP/FASTENERS 010.4420.5605 27.86
VOUCHRE2 CITY OF ARROYO GRANDE PAGE 4
04/03/02 07:46 VOUCHER/CHECK REGISTER
FOR PERIOD 10
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT
105201 04/05/02 057096 MINER'S ACE HARDWARE MEASURE TAPE 010.4430.5605 58.91
105201 04/05/02 057096 MINER'S ACE HARDWARE TRASH CANS/FASTENERS/BRUSHES 010.4430.5605 43.93
105201 04/05/02 057096 MINER'S ACE HARDWARE 9V BATTERIES 010.4420.5605 24.10
105201 04/05/02 057096 MINER'S ACE HARDWARE 3 WAY BLUBS 010.4213.5604 27.86
105201 04/05/02 057096 MINER'S ACE HARDWARE PVC PIPE/QUICK FIX 010.4420.5605 9.73
105201 04/05/02 057096 MINER'S ACE HARDWARE PLUMBING SUPPLIES 010.4420.5605 4.82
105201 04/05/02 057096 MINER'S ACE HARDWARE REC.SHED SUPPLIES 010.4420.5605 16.71
105201 04/05/02 057096 MINER'S ACE HARDWARE PIPE/ELBOWS/JOINTS 010.4420.5605 35.24
105201 04/05/02 057096 MINER'S ACE HARDWARE QUICK CRETE/TEFLON TAPE 010.4420.5605 11. 09
105201 04/05/02 057096 MINER'S ACE HARDWARE KEYS 010.4213.5604 1.71
105201 04/05/02 057096 MINER'S ACE HARDWARE DEGREASER/SPRAYER 010.4211.5603 23.56
105201 04/05/02 057096 MINER'S ACE HARDWARE MAKITA DRILL 010.4211.5273 203.76
105201 04/05/02 057096 MINER'S ACE HARDWARE BULB 010.4213.5604 29.48
105201 04/05/02 057096 MINER'S ACE HARDWARE JOINT PASTE/CEMENT 010.4420.5605 21. 51
105201 04/05/02 057096 MINER'S ACE HARDWARE PRESSURE GAUGE 010.4211.5601 10.32
105201 04/05/02 057096 MINER'S ACE HARDWARE MISC . METAL 010.4213.5604 19.69
105201 04/05/02 057096 MINER'S ACE HARDWARE PLASTIC SOCKET 010.4211. 5273 5.56
105201 04/05/02 057096 MINER'S ACE HARDWARE DUSK MASK 010.4420.5605 6.21
105201 04/05/02 057096 MINER'S ACE HARDWARE PLANTS 010.4420.5605 38.59
105201 04/05/02 057096 MINER'S ACE HARDWARE FLUOR BULBS 010.4213.5604 19.28
105201 04/05/02 057096 MINER'S ACE HARDWARE JOIST HANGERS/MENDING PLATE 010.4420.5605 4.23
105201 04/05/02 057096 MINER'S ACE HARDWARE POLY FILM 220.4303.5613 107.23
105201 04/05/02 057096 MINER'S ACE HARDWARE FIXTURE 010.4213.5604 5.89
105201 04/05/02 057096 MINER'S ACE HARDWARE CABLE TIES/RESP.MASKS/PLIERS 010.4420.5605 60.00
105201 04/05/02 057096 MINER'S ACE HARDWARE PLUMBING SUPPLIES/PIPE WRAPS 640.4712.5610 55.98
105201 04/05/02 057096 MINER'S ACE HARDWARE POLY FILM 220.4303.5613 53.61
105201 04/05/02 057096 MINER'S ACE HARDWARE LATCH/HINGES/HANDLES 640.4712.5604 19.96 946.82
105202 04/05/02 057174 MISSION OFFICE PLUS OFFICE SUPPLIES 612.4610.5201 10.20
105202 04/05/02 057174 MISSION OFFICE PLUS OFFICE SUPPLIES 010.4430.5201 6.68
105202 04/05/02 057174 MISSION OFFICE PLUS OFFICE SUPPLIES 010.4420.5201 160.33
105202 04/05/02 057174 MISSION OFFICE PLUS OFFICE SUPPLIES 010.4430.5201 24.58
105202 04/05/02 057174 MISSION OFFICE PLUS OFFICE SUPPLIES 010.4420.5201 6.48
105202 04/05/02 057174 MISSION OFFICE PLUS OFFICE SUPPLIES 010.4430.5201 6.57
105202 04/05/02 057174 MISSION OFFICE PLUS OFFICE SUPPLIES 010.4421.5201 38.51
105202 04/05/02 057174 MISSION OFFICE PLUS OFFICE SUPPLIES 010.4420.5201 38.16 291.51
105203 04/05/02 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4102.5255 5.20 5.20
105204 04/05/02 100829 NIKOL NEFF REF. PARK DEPOSIT-NEFF 010.0000.4354 26.00 26.00
105205 04/05/02 102730 NEXTEL COMMUNICATIONS CELL PHONE-FD 010.4211.5403 110.49
105205 04/05/02 102730 NEXTEL COMMUNICATIONS CELL PHONE-BLDG/LIFE/SAFETY 010.4212.5403 33.98 144.47
105206 04/05/02 061814 NOBLE SAW, INC. SPARK PLUGS/LABOR 220.4303.5603 77.16
105206 04/05/02 061814 NOBLE SAW, INC. SHARPEN CHAIN 010.4420.5603 6.00
105206 04/05/02 061814 NOBLE SAW, INC. MUFFLER/THROTTLE 220.4303.5603 144.96 228.12
105207 04/05/02 102891 NORMAL LIFE OF CA REF. PARK DEPOSIT-NORMAL LIFE 010.0000.4354 83.00 B3.00
105208 04/05/02 102044 NOSSAMAN,GUTHNER,KNOX & PROF.SVCS~SM VLY WATER CONSER. 640.4710.5575 4,951. 91 4,951.91
VOUCHRE2 CITY OF ARROYO GRANDE PAGE 5
04/03/02 07;46 VOUCHER/CHECK REGISTER
FOR PERIOD 10
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER NJ\ME DESCRIPTION NUMBER AMOUNT AMOUNT
105209 04/05/02 062712 ORCHARD SUPPLY HARDWARE WALL LIGHT 010.4213.5604 42.89 42.89
105210 04/05/02 102071 PACE BROS. CONSTRUCTION REF;L/SCAPE BOND-540 ARROYO 010.0000.2210 1,200.00
105210 04/05/02 102071 PACE BROS. CONSTRUCTION REF L/SCAPE BOND-603 FAEH 010.0000.2210 1,200.00
105210 04/05/02 102071 PACE BROS.CONSTRUCTION REF L/SCAPE BOND-60S FAEH 010.0000.2210 1,200.00 3,600.00
105211 04/05/02 063960 PACIFIC BELL MIS PHONE 473-0379 010.4140.5303 87.57
105211 04/05/02 063960 PACIFIC BELL L/DIST FAX 473-0386 010.4145.5403 75.63
105211 04/05/02 063960 PACIFIC BELL 371-6547 MIS CIRCUITS 1 & 2 010.4140.5303 264.10 427.30
105212 04/05/02 064194 PACIFIC GAS & ELECTRIC ELECTRIC 640.4711.5402 88.69
105212 04/05/02 064194 PACIFIC GAS & ELECTRIC ELECTRIC 010.4304.5402 2,345.60
105212 04/05/02 064194 PACIFIC GAS & ELECTRIC ELECTRIC 640.4712.5402 252.98
105212 04/05/02 064194 PACIFIC GAS & ELECTRIC ELECTRIC 640.4711.5402 12,504.92
105212 04/05/02 064194 PACIFIC GAS & ELECTRIC ELECTRIC 612.4610.5402 1,131.12
105212 04/05/02 064194 PACIFIC GAS & ELECTRIC ELECTRIC 010.4145.5401 5,557.13
105212 04/05/02 064194 PACIFIC GAS & ELECTRIC ELECTRIC 217.4460.5355 7.78
105212 04/05/02 064194 PACIFIC GAS & ELECTRIC ELECTRIC 010.4145.5401 83.22-
105212 04/05/02 064194 PACIFIC GAS & ELECTRIC ELECTRIC 010.4304.5402 15,097 .37 36,902.37
105213 04/05/02 066690 PITNEY BOWES POSTAGE METER RENTAL 010.4101. 5602 238.58 238.58
105214 04/05/02 068200 PMX SHEARS/COLD COMPRESS/TAPE 010.4211.5206 177 .83 177.83
105215 04/05/02 090284 SHAWN PRYOR RECORDS SUPER-SHAWN PRYOR 010.4201.5501 697 .10 697.10
105216 04/05/02 068640 PUBLIC SAFETY CENTER FIRE GLOVES 010.4211.5272 131.90 131. 90
105217 04/05/02 102673 PULITZER LEGAL 113444 ORD.SUMMARY 010.4002.5301 37.50 37.50
105218 04/05/02 102893 JOHN QUINN REF.PARK DEP-QUINN 010.0000.4354 26.00 26.00
105219 04/05/02 100066 RICKER MACHINERY CO ASPHALT BLADES 220.4303.5603 477 . 51 477.51
105220 04/05/02 102547 RICOH LEASING COPIER PROPERTY TAX 01{1.4421.5602 148.31 148.31
105221 04/05/02 071682 GREG ROSE B/BALL LGE.OFFICIAL-ROSE 010.4424.5352 32.00 32.00
105222 04/05/02 102900 SAN DIEGO REGIONAL REG-SHAWN PRYOR RECORDS SUPER 010.4201.5501 448.00 448.00
105223 04/05/02 078156 SEBASTIAN OIL DISTRIB. OIL 010.4211.5608 24.82
105223 04/05/02 078156 SEBASTIAN OIL DISTRIB. GASOLINE/DIESEL 010.4211.5608 298.59 323.41
105224 04/05/02 101621 TOM SHIFFRAR B/BALL LGE.OFFICIAL-SHIFFRAR 010.4424.5352 192.00 192.00
105225 04/05/02 101039 SLO CNTY FIRE DEPARTMEN REGIS-RHYNE/PALM S290 CLASS 010.4211.5501 100.00 100.00
105226 04/05/02 100304 SMITH PIPE & SUPPLY RELIEF VALVE/CHECK REPR.KIT 010.4420.5605 36.82 36.82
105227 04/05/02 102888 LOCH SODERQUIST REF.WATER NEUTRAL-568 MAY 226.0000.4027 2,200.00 2,200.00
VOUCHRE2 CITY OF ARROYO GRANDE PAGE 6
04/03/02 07:46 VOUCHER/CHECK REGISTER
FOR PERIOD 10
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT
105228 04/05/02 102895 FRANK SOSA REF. PARK DEP-SOSA 010.0000.4354 26.00 26.00
105229 04/05/02 080886 SOUTHERN AUTO SUPPLY MICRO V~BELTS 010.4211.5601 101.77
105229 04/05/02 080886 SOlITHERN AUTO SUPPLY CONCENTRATE CAR SOAP 010.4211. 5603 9.22
105229 04/05/02 080886 SOUTHERN AUTO SUPPLY OIL 220.4303.5603 23.94
105229 04/05/02 080886 SOUTHERN AUTO SUPPLY HEAD LIGHT LAMPS 010.4211.5603 82.96
105229 04/05/02 080886 SOUTHERN AUTO SUPPLY BEARINGS 010.4211.5603 36.67
105229 04/05/02 080886 SOUTHERN AUTO SUPPLY FUEL PUMP BM402 010.4213.5601 15.25
105229 04/05/02 080886 SOUTHERN AUTO SUPPLY FILTER 010.4211.5601 35.32
105229 04/05/02 080886 SOUTHERN AUTO SUPPLY GAGE/DEGREASER 010.4211.5601 56.66 361.79
105230 04/05/02 101554 SOUZA CONSTRUCTION,INC OAK PK BLVD WIDENING IMPROVE 350.5609.7001 40,950.04 40,950.04
105231 04/05/02 101976 SPARKLE JANITORIAL & MA CH CARPET CLEANED 010.4213.5604 275.00 275.00
105232 04/05/02 081432 BOB SPEAR B/BALL LGE.REFEREE~SPEAR 010.4424.5352 32.00 32.00
105233 04/05/02 082836 STREATOR PIPE & SUPPLY BRASS NIPPLES 640.4712.5610 3.74 3.74
105234 04/05/02 102483 TRAINING INNOVATIONS,IN REGIS-JOHN FERDOLAGE 010.4201.5501 225.00 225.00
105235 04/05/02 102872 STEPHEN TREAT B/BALL LGE.OFFICIAL-TREAT 010.4424.5352 48.00 48.00
105236 04/05/02 102899 U.S.D.A.FOREST SERVICE IGNITION OPER.REG-WHITNEY 010.4211.5501 75.00 75.00
105237 04/05/02 088084 UNITED GREEN MARK,INC. VALVE BOX/SPRINKLER 010.4420.5605 37.85
105237 04/05/02 088084 UNITED GREEN MARK, INC. SPRINKLER PARTS 01.0.4420.5605 46.21
105237 04/05/02 088084 UNITED GREEN MARK,INC. SPRINKLER PARTS 010.4420.5605 28.66 112.72
105238 04/05/02 087672 UNITED RENTALS EDGER 1/2 IN RADIUS/HAND 010.4420.5605 10.42
105238 04/05/02 087672 UNITED RENTALS CR:EDGER 1/2 RADIUS/HAND 010.4420.5605 10.42-
105238 04/05/02 087672 UNITED RENTALS RENTED TRACTOR/FLAIL 010.4430.5605 260.00
105238 04/05/02 087672 UNITED RENTALS RENTED TRACTOR/FLAIL 010.4420.5552 375.00
105238 04/05/02 087672 UNITED RENTALS RENTED TRACTOR/FLAIL 010.4420.5603 510.26 1,145.26
105239 04/05/02 102901 USDA FOREST SVC S430 CLASS-FIBICH 010.4211.5501 275.00 275.00
105240 04/05/02 088842 VALLEY AUTO SERVICE WASTE OIL DISP 010.4211. 5303 10.00 10.00
105241 04/05/02 102007 VERIZON WIRELESS CELL PHONE-CM 010.4101. 5403 107.92 107.92
105242 04/05/02 102897 STEPHANIE WALLER REF. PARK DEP-WALLER 010.0000.4354 26.00 26.00
105243 04/05/02 102486 WATERBOYS PLUMBING CHECK GAS LEAK-ELM STREET HEAT 010.4213.5604 120.00 120.00
105244 04/05/02 090480 WAYNE'S TIRE OIL CHANGE/TIRES 640.4712.5601 170.58 170.58
105245 04/05/02 100347 RON WHARTON B/BALL LGE.SCORER-WHARTON 010.4424.5352 22.50 22.50
105246 04/05/02 092274 STEVE WHITNEY REIMB~PROTECTIVE GEAR 010.4211.5272 51.85 51.85
VOUCHRE2 CITY OF ARROYO GRANDE PAGE 7
04/03/02 07:46 VOUCHER/CHECK REGISTER
FOR PERIOD 10
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT
105247 04/05/02 100431 WILLARD PAPER CO ENVELOPES/PAPER 010.4102.5255 573.53 573.53
105248 04/05/02 092586 LEE WILSON ELECTRIC COM SIGNALMAINT 010.4304.5303 1,338.75 1,338.75
TOTAL CHECKS 128,393.35
VOUCHRE2 CITY OF ARROYO GRANDE PAGE 8
04/03/02 07;46 VOUCHER/CHECK REGISTER
FOR PERIOD 10
FUND TITLE AMOUNT
010 GENERAL FUND 49,311.78
217 LANDSCAPE MAINTENANCE DISTRICT 7.78
220 STREETS FUND 6,021.99
226 WATER NEUTRALIZATION IMPACT 2,200.00
284 REDEVELOPMENT AGENCY FUND 2,500.00
350 CAPITAL IMPROVEMENT FUND 40,950.04
612 SEWER FUND 7,449.54
640 WATER FUND 19,952.22
TOTAL 128,393.35
ATTACH!-1KJT 3
CITY OF ARROYO GRANDE
DEPARTMENTAL LABOR DISTRIBUTION
PAY PERIOD 3/15/02 TO 3/28/02
4/5102
FUND 010 259,379.55 Salaries Full time 162,393.92
FUND 220 13,263.02 Salaries Part.Time 33,079.36
FUND 284 5,143.33 Salaries Over-Time 8,381.23
FUND 612 4,373.71 Holiday Pay 5,461.85
FUND 640 10,732.32 Sick Pay 4,779.53
292,891.93 Annual Leave Pay -
Vacation Buyback 5,248.11
Sick Leave Buyback -
Vacation Pay 2,118.73
Comp Pay 4,777.49
Annual Leave Pay 1,519.52
PERS Retirement 16,581.08
Social Security 16,240.02
PARS Retirement 274.47
State Disability Ins. 767.73
Health Insurance 25,131.81
Dental Insurance 3,838.26
Vision Insurance 855.42
Life Insurance 568.40
Long Term Disability
Uniform Allowance -
Car Allowance 400.00
Council Expense 375.00
Employee Assistance
Uniform Allowance -
Motor Pay 100.00
Total: 292,891.93
ATTACH/lENT 4
VOUCHRE2 CITY OF ARROYO GRANDE PAGE 1
04/10;02 07:49 VOUCHER/CHECK REGISTER
FOR PERIOD 10
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT
487 04/03/02 033462 JOHN FERDOLAGE TRAINING MANAGEMENT-FERDOLAGE 010.4201.5501 244.52 244.52
488 04/03/02 102902 RYAN FOSTER CONF.RYAN FOSTER 010.4130.5501 60.00 60.00
489 04/04/02 005616 CITY OF ARROYO GRANDE G/A REIMB 011.0000.1015 217,511.42 217,511.42
105262 04/12/02 101736 A.L.D.COMPANY,INC. TTASER BATTERY CHARGERS 010.4201.5603 537.33 537.33
105263 04/12/02 004914 APEX SHARPENING WORKS LINE 220.4303.5603 27.78 27.78
105264 04/12/02 102509 API WASTE SERVICES RID BIN-DUMP/RETURN sves. 010.4213.5604 500.00 500.00
105265 04/12/02 004952 APPLIED CONCEPTS,INC. SEALED REMOTE-J.JOHNSON 010.4201.5603 177.00 177.00
105266 04/12/02 006552 ARROYO MEDICAL GROUP IN PRE-EMPLOY. PHYSICAL 010.4201.5315 145.00 145.00
105267 04/12/02 100902 AVCO FIRE EXTINGUISHER FIRE EXTING.SVCS-REC DEPT 010.4213.5604 36.08
105267 04/12/02 100902 AVCO FIRE EXTINGUISHER FIRE EXTING.SVCS-WOMEN'S CLUB 010.4213.5604 69.43
105267 04/12/02 100902 AVCO FIRE EXTINGUISHER FIRE EXTING.SVCS-CHAM 010.4213.5604 18.04
105267 04/12/02 100902 AVCO FIRE EXTINGUISHER FIRE EXTING.SVCS-PW/ENG 010.4213.5604 9.02
105267 04/12/02 100902 AVCO FIRE EXTINGUISHER FIRE EXTING.SVCS-CITY HALL 010.4213.5604 61.68
105267 04/12/02 100902 AVCO FIRE EXTINGUISHER FIRE EXTING.SVCS-BLDG.FIRE 010.4213.5604 9.02
105267 04/12/02 100902 AVCO FIRE EXTINGUISHER FIRE EXTING.SVCS-CORP.YARD 010.4213.5604 398.71
105267 04/12/02 100902 AVCO FIRE EXTINGUISHER FIRE EXTING.SVCS-PD 010.4213.5604 150.41 752.39
105268 04/12/02 009750 BRENDA BARROW REIMB.EGG HUNT SUPPLIES-BARROW 010.4424.5252 25.48
105268 04/12/02 009750 BRENDA BARROW REIMB.PLAYGROUND SUPPLIES 010.4422.5256 10.12
105268 04/12/02 009750 BRENDA BARROW REIMB.CIM SNACK SUPPLIES 010.4425.5259 10.30 45.90
105269 04/12/02 012012 BOLLINGER FIELD OWNERS LIABILITY INS 010.4424.5257 200.00 200.00
105270 04/12/02 013026 BRISCO MILL & LUMBER TROWEL 640.4712.5273 4.06
105270 04/12/02 013026 BRISCO MILL & LUMBER BRASS HOSE CONNECTORS 640.4712.5610 4.28
105270 04/12/02 013026 BRISCO MILL & LUMBER TUBING CUTTER 640.4712.5273 6.01
105270 04/12/02 013026 BRISCO MILL & LUMBER TUBING 640.4712.5610 .62 14.97
105271 04/12/02 101431 BURDINE PRINTING COMM.PROFILE 2002 284.4103.5505 320.56 320.56
105272 04/12/02 102373 C.CALIF.METRO SOFTBALL TEAM REGIS SPRING 34X$13=442.0 010.4424.5257 442.00 442.00
105273 04/12/02 021294 C.COAST FIRE PREVENTION REG-STEFFAN 1 DAY 010.4211.5501 75.00
105273 04/12/02 021294 C.COAST FIRE PREVENTION REG-FIBICH 1 DAY 010.4211. 5501 75.00
105273 04/12/02 021294 C.COAST FIRE PREVENTION REG-SCHMIDT 2 DAYS 010.4212.5501 125.00
105273 04/12/02 021294 C. COAST FIRE PREVENTION REG-QUINLAN 1 DAY 010.4211.5501 75.00 350.00
105274 04/12/02 016692 CA.PEACE OFFICER'S ASSN CPOA CONF-TERBORCH 010.4201.5501 289.00 289.00
105275 04/12/02 016695 CA. RESERVE PEACE OFFICE MEMBER-DAY/REED/HENDRIX 010.4201.5503 216.00 216.00
105276 04/12/02 017472 CA.ST DEPT. CONSERVATION S.M.I.P.3Q 01/02 010.0000.2208 1,018.06
105276 04/12/02 017472 CA. ST DEPT. CONSERVATION ADMIN FEE-SMIP 010.0000.4801 50.91- 967.15
VOUCHRE2 CITY OF ARROYO GRANDE PAGE 2
04/10/02 07:49 VOUCHER/CHECK REGISTER
FOR PERIOD 10
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER N!\ME DESCRIPTION NUMBER AMOUNT AMOUNT
105277 04/12/02 101468 CAROL CARLSON REF.L/SCAPE-545 DOS CERROS 010.0000.2210 1,200.00 1,200.00
105278 04/12/02 021918 CENTRAL COAST SUPPLY TRASH BAGS 220.4303.5255 157.66
105278 04/12/02 021918 CENTRAL COAST SUPPLY BLOG MAINT.SUPPLIES 010.4420.5605 181.25
105278 04/12/02 021918 CENTRAL COAST SUPPLY BLOG MAINT.SUPPLIES 010.4420.5605 167.31 506.22
105279 04/12/02 023088 CHERRY LANE NURSERY 1 BAG RONSTAR 010.4420.5274 85.79
105279 04/12/02 023088 CHERRY LANE NURSERY 36 BAGS WEED/FEED 010.4430.5274 963.32
105279 04/12/02 023088 CHERRY LANE NURSERY CORP. YARD PLANTS 220.4303.5613 233 .69
105279 04/12/02 023088 CHERRY LANE NURSERY CORP. YARD PLANTS 220.4303.5613 91.11 1,373.91
105280 04/12/02 100442 CLIFF KEEN ATHLETIC YOUTH WRESTLING UNIFORMS 010.4424.5257 165.40 165.40
105281 04/12/02 026286 CREEK ENVIRONMENTAL LAB WATER SAMPLES 640.4710.5310 70.00 70.00
105282 04/12/02 100188 CSMFO-GASB STATEMENT 34 GASB REGIS-SNODGRASS/HUWALDT 010.4120.5501 900.00 900.00
105283 04/12/02 026832 CUESTA EQUIPMENT CO GAGE-LIQUID 010.4211.5603 29.52
105283 04/12/02 026832 CUESTA EQUIPMENT CO WASHERS/LOCK NUT 010.4211.5603 29.22
105283 04/12/02 026832 CUESTA EQUIPMENT CO CREDIT 010.4211.5603 20.00-
105283 04/12/02 026832 CUESTA EQUIPMENT CO PIPE FITTINGS 010.4211.5601 38.88
105283 04/12/02 026832 CUESTA EQUIPMENT CO CHIESEL/PUNCH 010.4211.5273 42.06
105283 04/12/02 026832 CUESTA EQUI PMENT CO MAG LITES/MANURE FORKS 220.4303.5273 289.66
105283 04/12/02 026832 CUESTA EQUIPMENT CO WRENCH 010.4211.5273 470.72 880.06
105284 04/12/02 076848 LENNY DE LOS SANTOS TENNIS CLASSES-DE LOS SANTOS 010.4424.5351 178.50 178.50
105285 04/12/02 101716 JIM DECECCO S/BALL LEAGUE UMP-DECECCO 010.4424.5352 32.00 32.00
105286 04/12/02 102907 MARY DENNY REF. WTR DEP-269 ASPEN ST 640.0000.2302 180.00
105286 04/12/02 102907 MARY DENNY CLOSING BILL-269 ASPEN ST 640.0000.4751 12.65-
105286 04/12/02 102907 MARY DENNY PREVIOUS BALANCE-269 ASPEN 640.0000.4751 59.98- 107.37
105287 04/12/02 029562 DISCOUNT SCHOOL SUPPLY TOYS/SUPPLIES-CHILD IN MOTION 010.4425.5255 134.50
105287 04/12/02 029562 DISCOUNT SCHOOL SUPPLY TOYS/SUPPLIES-CHILD IN MOTION 010.4425.5255 535.13
1'05287 04/12/02 029562 DISCOUNT SCHOOL SUPPLY TOYS/SUPPLIES-PLAYGROUND 010.4422.5256 211.32
105287 04/12/02 029562 DISCOUNT SCHOOL SUPPLY TOYS/SUPPLIES-PLAYGROUND 010.4422.5256 7.22 888.17
105288 04/12/02 030584 DEBI DYKZEUL S/BALL SCORER-DYKZEUL 010.4424.5352 15.00 15.00
105289 04/12/02 102574 EARTHLINK, INC INTERNET SVS-APRIL 20 010.4201.5607 41.90 41. 90
105290 04/12/02 102911 PAM FARLEY REF. PLAYGROUND-FARLEY 010.0000.4601 42.00 42.00
105291 04/12/02 033072 FARM SUPPLY CO. FEBCO RUBBER KITS/BACK FLOWS 010.4420.5605 155.59 155.59
105292 04/12/02 101379 FERGUSON ENTERPRISES,IN METER BOXES 640.4712.5610 437.58
105292 04/12/02 101379 FERGUSON ENTERPRISES, IN BRZ RED PRES BFD BACK FLOWS 010.4420.5605 239.59
105292 04/12/02 101379 FERGUSON ENTERPRISES,IN BALL VALVES 640.4712.5610 445.09
105292 04/12/02 101379 FERGUSON ENTERPRISES,IN FIREHYDRANT MATERIALS 640.4712.5610 3,005.06
105292 04/12/02 101379 FERGUSON ENTERPRISES,IN PVC FITTING 640.4712.5610 167.58 4,294.90
VOUCHRE2 CITY OF ARROYO GRANDE PAGE 3
04/10/02 07 :49 VOUCHER/CHECK REGISTER
FOR PERIOD 10
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER N_ DESCRIPTION NUMBER AMOUNT AMOUNT
105293 04/12/02 1.01662 FORD QUALITY FLEET CARE REPR.LITES 9E1 010.4201.5601 471.62
105293 04/12/02 101662 FORD QUALITY FLEET CARE R & R HEATER-931 010.4201.5601 389.59
1.05293 04/12/02 101662 FORD QUALITY FLEET CARE HEATER HOSE(HEADLAMPS-962 010.4201.5601 360.62 1,221.83
105294 04/12/02 035218 FORMS 2020 INC. BUS.LIC VEND MACH-DECALS 010.4120.5201 175.32
105294 04(12/02 035218 FORMS 2020 INC. BUS.LIC VEHICLE DECALS 010.4120.5201 144.13 319 .45
105295 04/12/02 102902 RYAN FOSTER REIMB.MILEAGE-FOSTER 010.4130.5501 224.50 224.50
1 05296 04/12/02 036738 GALL'S INC BICYCLE SHORTS/PANTS 010.4201.5255 185.61 185.61
105297 04/12/02 101103 GARVEY EQUIPMENT COMPAN WEED EATER LINE 220.4303.5603 172.98
105297 04/12/02 101103 GARVEY EQUIPMENT COMPAN TRIMER LINE 220.4303.5603 86.49 259.47
105298 04/12/02 101155 GREAT EVENTS VOLUNTEER DINNER SUPPLIES 010.4201.5504 262.63 262.63
105299 04/12/02 039312 CITY OF GROVER BEACH SEWER BILL-FEB/MARCH 612.0000.4751 40.58 40.58
1.05300 04/12/02 102910 GSI SOILS,INC SOIL TESTING-RODEO DR PW 2001- 350.S649.7001 261.00 261.00
105301 04/12/02 102854 STEPHEN D. HAMILTON REF. WITNESS FEE CASE#020009657 010.0000.4808 300.00 300.00
105302 04/12/02 101088 HANSON AGGREGATES ASPHALT 220.4303.5613 344.48 344.48
105303 04/12/02 102904 ALICE HORTON REF WTR DEP-1143 B ASH ST 640.0000.2302 180.00
105303 04/12/02 102904 ALICE HORTON CLOSING BILL-1143 B ASH ST 640.0000.4751 13.78-
105303 04/12/02 102904 ALICE HORTON PREVIOUS BALANCE-1143 B ASH 640.0000.4751 66.76- 99.46
105304 04/12/02 043290 CHERI HULGAN REIMB.DARE CONF.EXPENSE-HULGAN 010.4201.5501 60.27 60.27
105305 04/12/02 102701 INDOFF, INC. OFFICE SUPPLIES 010.4130.5201 75.10
105305 04/12/02 102701 INDOFF, INC. OFFICE SUPPLIES 010.4212.5201 42.86 117.96
105306 04/12/02 046098 J C LANDSCAPING LANDSCAPE MAINT. 010.4420.5303 525.00
105306 04/1.2/02 046098 J C LANDSCAPING LANDSCAPE MAINT. 217.4460.5356 225.00 750.00
105307 04/12/02 10290S ROBERT LAMB REF. WATER NEUTRAL-283 LARCHMON 226.0000.4027 2,200.00 2,200.00
105308 04/12/02 102889 LIBERTY INDUSTRIES GRAFETTI REMOVER 010.4213.5604 391.90 391.90
105309 04/12/02 052280 LIMBERG EYE SURGERY RX SAFETY GLASSES-MARSALEK 640.4712.5255 316.00 316.00
105310 04/12/02 100985 DOUG LINTNER S/BALL LEAGUE OFFICIAL-LINTNER 010.4424.5352 80.00 80.00
105311 04/12/02 053274 LYON & CARMEL PROF.LEGAL SERVICE 010.4003.5304 14,029.23 14,029.23
105312 04/12/02 056628 MID STATE BANK-MA$TERCA GASOLINE 010.4201.5608 H3.55
105312 04/12/02 056628 MID STATE BANK-MA$TERCA TRAVEL/TRAINING EXPENSES 010.4202.S501 763.83
105312 04/12/02 056628 MID STATE BANK-MA,STERCA SCOFE MOUNT 010.4201.5603 53.63
10s312 04/12/02 056628 MID STATE BANK-MA$TERCA TRAINING PUBLICATIONS 010.4201.5601 236.00 1,217.01
VOUCHRE2 CITY OF ARROYO GRANDE PAGE 4
04/10/02 07:49 VOUCHER/CHECK REGISTER
FOR PERIOD 10
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT
105313 04/12/02 056394 MIDAS MUFFLER & BRAKE BRAKE PADS/LUBE/OIL/FILTER 010.4201.5601 221. 68
105313 04/12/02 056394 MIDAS MUFFLER & BRAKE REPL.CATALYTIC CONVERTER 010.4201.5601 425.38
105313 04/12/02 056394 MIDAS MUFFLER & BRAKE BRAKE PADS/ROTORS 010.4201.5601 142.65 789.71
105314 04/12/02 056940 MIER BROS. FOREST BLEND-PLANTERS 010.4420.5605 13.94
105314 04/12/02 056940 MIER BROS. CONCRETE 640.4712.5610 95.56
105314 04/12/02 056940 MIER BROS. CONCRETE 640.4712.5610 68.53
105314 04/12/02 056940 MIER BROS. CONCRETE 640.4712.5610 49.23
105314 04/12/02 056940 MIER BROS. CONCRETE 220.4303.5613 43.44
105314 04/12/02 056940 MIER BROS. CONCRETE 640.4712.5610 45.37
105314 04/12/02 056940 MIER BROS. CONCRETE BLOCKS 010.4420.5605 353.93
105314 04/12/02 056940 MIER BROS. CONCRETE 640.4712.5610 95.56
105314 04/12/02 056940 MIER BROS. CONCRETE 640.4712.5610 95.56
105314 04/12/02 056940 MIER BROS. PINS 220..4303.5613 37.54 898.66
105315 04/12/02 057096 MINER'S ACE HARDWARE AGPD DOOR MOTOR 010.4213.5604 228.44
105315 04/12/02 057096 MINER'S ACE HARDWARE KITCHEN SUPPLIES 010.4211.5255 15.81
105315 04/12/02 057096 MINER'S ACE HARDWARE PLUMBING SUPPLIES 010.4211. 5603 1. 58
105315 04/12/02 057096 MINER'S ACE HARDWARE PICKUP TOOL PIK STIK 220.4303.5255 34.30
105315 04/12/02 057096 MINER'S ACE HARDWARE M. BATTERIES 220.4303.5255 14.56
105315 04/12/02 057096 MINER'S ACE HARDWARE WIRE CONNECTORS 010.4420.5605 12.84
105315 04/12/02 057096 MINER'S ACE HARDWARE BRACES 640.4712.5604 5.34
105315 04/12/02 057096 MINER'S ACE HARDWARE ELECT.SPLYS/EPOXY 640.4712.5610 34.85
105315 04/12/02 057096 MINER'S ACE HARDWARE MISC. TOOLS/UTILITY KNIFE 220.4303.5255 65.84
105315 04/12/02 057096 MINER'S ACE HARDWARE DRILL 010.4213.5604 99.99
105315 04/12/02 057096 MINER'S ACE HARDWARE CR:PLUMBING SUPPLIES 010.4420.5605 4.82- 508.73
105316 04/12/02 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 612.4610.5143 33.80
105316 04/12/02 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4213.5143 100.64
105316 04/12/02 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 220.4303.5143 109.40
105316 04/12/02 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 640.4712.5143 62.40
105316 04/12/02 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4420.5143 100.55
105316 04/12/02 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4213.5604 23.68
105316 04/12/02 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4213.5604 35.00
105316 04/12/02 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4213.5604 45.58
105316 04/12/02 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4301.5143 16.25 527.30
105317 04/12/02 102841 MOGUL COMPANT,L.L.C. METAL ~ MODELS-35 010.4201. 5272 875.00 875.00
105318 04/12/02 100090 NAT'L ARBOR DAY FOUNDAT 20TH ANNIV.FLAG 010.4213.5255 34.90 34.90
105319 04/12/02 061420 NEWMAN TRAFFIC SIGNS SIGNS 220.4303.5613 166.66 166.66
105320 04/12/02 061814 NOBLE SAW, INC. REPR.ROTOTILLER 010.4420.5603 111.45 111.45
105321 04/12/02 062322 ONE HOUR PHOTO PLUS FILM DEV/PICTURES PRINTED 220.4303.5255 53.73 53.73
105322 04/12/02 062712 ORCHARD SUPPLY HARDWARE BROOM/HOSE SHUT OFF 010.4420.5605 20.36 20.36
105323 04/12/02 064194 PACIFIC GAS & ELECTRIC ELECTRIC 010.4304.5402 51.10 51.10
--~---~
VOUCHRE2 CITY OF ARROYO GRANDE PAGE 5
04/10/02 07:49- VOUCHER/CHECK REGISTER
FOR PERIOD 10
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT
1Q5124 04/12/02 :lO2488 STEVE PARKER S/BALL LEAGUE UMPIRE-PARKER 010.4424.5152 15.00
105324 04/12/02 102488 STEVE PARKER S/BALL LEAGUE SCORER-PARKER 010.4424.5352 37.50 53.50
105125 04/12/02 100924 PERS BAL DUE-ED.ALLEN PERS-10/97 010.4201.5121 42.71 42.71
105326 04/12/02 067234 POLICE EXEC.RESEARCH FO POLICE EXEC.DUES-TERBORCH 010.4201.5503 125.00 125.00
105327 04/12/02 069576 RADIOSHACK PHOTO ?K2 DLl23 BATTERIES 010.-4301..5255 13.93 13 .93
10532B 04/12/02 070590 RICHETTI WATER CONDITIO RENTAL-WATER FILTER SVCS 010.4201.5604 15.00 15.00
105329 04/12/02 071682 GREG ROSE S/BALL LGE.OFFICIAL-ROSE 010.4424.5352 32.00 32.00
105330 04/12/02 100200 RRM DESIGN GROUP RG PARK PROF.sves 350.5512.7501 2,488.50 2,488.50
105331 04/12/02 100192 SAN Lurs MAILING SVC MARCH UTILITY BILLING 640.4710.5201 1,019.35 1,019.35
105332 04/12/02 075660 SAN LUIS PAINTS FIELD MARKING PAINT 010.4-430.5255 192.36 192.36
105333 04/12/02 077024 ANN SARMIENTO S/BALL SCORER-SARMIENTO 010.4424.5352 60.00 60.00
105334 04/12/02 102909 MARK SCHAFFER S/BALL LGE.UMP-SCHAFFER 010.4424.5352 112.00 112.00
105335 04/12/02 078156 SEBASTIAN OIL DISTRIB. GASOLINE 010.4201.5608 1,394.05 1,394.05
105336 04/12/02 101556 DIANE SHEELEY TRAVEL EXPENSE/BALANCE DUE 284.4103.5501 10.00 10.00
105337 04/12/02 100246 SHERATON RESV-RICK TERBORCH 010.4201.5501 616.00 616.00
105338 04/12/02 100304 SMITH pIPE & SUPPLY PIPE 010.4420.5605 83.87 81.87
105339 04/12/02 080886 SOUTHERN AUTO SUPPLY LEVER/BLO-GUN 220.4303.5273 33.15
105339 04/12/02 080886 SOTITHERN AUTO SUPPLY QUICK WAX 010.420~.5601 5.35 38.50
105340 04/12/02 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 275.68
105340 04/12/02 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 133.47
105340 04/12/02 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 55.64
105340 04/12/02 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 74.74
105340 04/12/02 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 24.79 564.32
105341 04/12/02 100447 SPECIAL ASPHALT PDTS CRACK SEALANT 220.4303.5613 1,640.93 1,640.93
105342 04/12/02 082328 STERLING COMMUNICATIONS STARTAC PHONES-MOTORS 010.4201.5606 172 .66
105342 04/12/02 082328 STERLING COMMUNICATIONS ADAPTER 010.4201.5603 22.79
105342 04/12/02 082328 STERLING COMMUNICATIONS MAINT.AGREE-MAY 010.4201.5606 974.00 1,169.45
105343 04/12/02 083382 SUPERIOR QUALITY COPIER FAX MACHINE 284.4103.5201 375.18
105343 04/12/02 083382 SUPERIOR QUALITY COPIER REPR.HP4050 010.4201.5602 85.00
105343 04/12/02 083382 SUPERIOR QUALITY COPIER TONER CARTRIDGE 010 .420L 5201 19'8.41 658.79
105344 04/12/02 083420 SYLVESTER'S SECURITY AI... ADD OVERHEAD DOOR CONTACT 010.4420.5303 260.00 260.00
VOUCHRE2 CITY OF ARROYO GRANDE PAGE 6
04/10/02 01 :49 VOUCHER/CHECK REGISTER
FOR PERIOD 10
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER .AMOUNT AMOUNT
105345 04/12/02 08410e RICK TERBORCH CPOA CONF-TERBORCH 010.4201.5501 124.00 124.00
105346 04!12j02 ).02244 TITAN INDUSTRIAL BATTERIES 010 4201.5255 54.05
105346 04/12/02 102244 TITAN INDUSTRIAL RAINCOAT 010 4201.5255 15.42 69.41
105347 04/12/02 086346 TROESH READY MIX SAND SLURRY 640.4712.5610 504.08 504.08
105348 04/12/02 088084 UNITED GREEN MARK, INC. SPRINKLER PARTS-ELM ST 010 4420.5605 85.75
105348 04/12}02 088084 UNITED GREEN MARK,INC. SOLENOID-PARK VIEW 010 4420.5605 20 59 106.34
105349 04/12/02 087672 UNITED RENTALS RENTAL-HYDROSTATIC PUMP 640.4712.5552 38.75 38.75
105350 04/12/02 102007 VERIZON WIRELESS CELL PHONE-STREET SUPER/pW/ENG 220.4303.5403 38.70
105350 04/12/02 102007 VERIZON WIRELESS CELL PHONE-STREET SUPER/PW/ENG 010.4301. 5403 38.69
105350 04/12/02 102001 VERIZON WIRELESS CELL PHONE-STREET SUPER/PW/ENG 010.4301. 5403 3e.70
105350 04/12/02 102007 VERIZON WIRELESS CELL PHONE-DON/SHANE/LARRY 010.4301. 5403 31.74
105350 04/12./02 102001 VERIZON WIRELESS CELL PHONE-DON/SHANE!LARRY 612.4610.5403 53.67
105350 04/12/02 102007 VERIZON WIRELESS CELL PHONE-DON/SHANE/LARRY 010.4305 5403 41. 77 243.27
105351 04/12/02 102906 SPENCER VOORHEIS REF.WTR DEP-1165 MAP~E #1 640.0000.2302 180.00
105351 04/12/02 102906 SPENCER VOORHEIS CLOSING BILL-1165 MAPLE #1 640 0000.4751 13 54-
105351 04/12/02 102906 SPENCER VOORHEIS PREVIOUS BALANCE-1165 MAPLE #1 640 0000.4.75t 55 46- Hl.00
105352 04/12/02 090480 WAYNE'S TIRE REPR. TIRE 010 4420.5601 83.65
105352 04/12/02 090480 WAYNE'S TIRE REPR.TIRE-PW921 010.4301. 5601 12.00
105352 o4/l2/02 09048Q WAYNE'S TIRE REPR.T1RE-PW44 612.4610.5601 16.00
105352 04/12/02 090480 WAYNE'S TIRE VALVE STEM 010.4211.5603 18.77
105352 04/12/02 090480 WAYNE'S TIRE TIRES/WIPERS/LUBE/OIL 010.4420.5601 304.58
105352 04/12/02 090480 WAYNE'S TIRE WIPERS/TIRES 010.4201. 5601 163.44 598.44
105353 04/12/02 102776 WORDS 'N PICTURES SUSPECT FORENSIC SKETCH 010.4201.5303- 269.14 269.14
105354 04/12/02 lO2903 BECKY YOUMAN REF .WTR DEP-lt66 PRADERA CT 640.0000.2302 180.00
105354 04/12/02 102903 BECKY YOUMAN CLOSING BILL-1166 PRADERA CT 640.0000.4751 47.65-
105354 04/12/02 102903 BECKY YOUMAN PREVIOUS BALANCE-1166 PRADERA 640.0000 4751 67.66- 64.69
105355 04/12/02 102880 YUKEVICH & SONNETT REF. WITNESS FEE-CV010293 010.0000 4808 300.00 300.00
TOTAL CHECKS 273,390.46
VOUCHRE2 CITY OF ARROYO GRANDE PAGE 7
04/10/02 07:49 VOUCHER/CHECK REGISTER
FOR PERIOD 10
FUND TITLE AMOUNT
010 GENERAL FUND 39,259.07
011 PAYROLL CLEARING FUND 217,511.42
217 LANDSCAPE MAINTENANCE DISTRICT 225.00
220 STREETS FUND 3,642.10
226 WATER NEUTRALIZATION IMPACT 2,200.00
284 REDEVELOPMENT AGENCY FUND 705.94
350 CAPITAL IMPROVEMENT FUND 2,749.50
612 SEWER FUND 144.05
640 WATER FUND 6,953.38
TOTAL 273,390.46
._-,----_...._-~ ---.
a.b.
MINUTES
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, MARCH 20, 2002
COUNCIL CHAMBERS, 215 E. BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Lady called the Regular City Council meeting to order at 6:48 p.m.
2. ROLL CALL
City Council: Council Members Dickens, Ferrara, Lubin, Mayor Pro Tem Runels
and Mayor Lady were present.
City Staff Present: City Manager Adams; City Attorney Carmel; Director of
Administrative Services Wetmore; Director of Financial Services
Snodgrass; and Associate Planner Heffernon.
3. FLAG SALUTE
Mayor Lady led the Flag Salute.
4. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS
Fred Bauer, 212 Short Street, expressed his concerns regarding the pending litigation
against the City involving the Referendum. He further spoke in support of the
redesignation of the Vanderveen property.
Shartotte Wilson, requested that the ARC Humane Society sign be taken down since
they are no longer operating at the Grand Avenue location. She also spoke in support
of the Referendum.
Dean Coker, Castlerock Development, thanked the Council for allowing him the
opportunity to provide the public with detailed information about the proposal to
exchange Tract 1998 for Lot 136 at the March 12, 2002 City Council Meeting. He
submitted his written comments for the record.
Gordon Bennet, 415 Allen Street, spoke about the annual inspection of Arroyo Grande
Creek and complained about plastic materials found in the creek.
Ed Dorfman, 285 La Cresta, expressed his concerns about the pending litigation against
the City involving the Referendum.
Bernard Landsman spoke about the circulation of the Referendum and stated he felt
strongly about the direction growth in the City is taking. He supported preservation of
the City's open space.
CITY COUNCIL MINUTES
MARCH 20, 2002
PAGE 2
Bruce Vanderveen spoke in support of development and stated his parcel was not
prime agricultural land and he was not taking anything away from the community.
Otis Page, 606 Myrtle, spoke about the General Plan Update process; the resulting
Referendum petition; conflict of interest issues relating to past and present Council
Members and the proposed Rancho Grande Park.
Ella Honeycutt, 560 Oak Hill Road, stated the issue with the Referendum was to get the
item on the ballot. She stated this was not about Mr. Vanderveen personally; she felt
the property should remain as a buffer zone.
Dale Gropp, 246 Walnut, spoke in support of the preservation of flat land for agricultural
uses and that development should be moved to areas that are not flat.
Patty Welch, 1151 Pradera Court, spoke in opposition of development on the hills and
supported landowner rights.
5. MOVE THAT ORDINANCES PRESENTED TONIGHT BE READ IN TITLE
ONLY AND ALL FURTHER READINGS BE WAIVED.
Council Member Runels moved, Council Member Dickens seconded, and the motion
passed unanimously that all ordinances presented at the meeting shall be read in title
only and all further reading be waived.
6. ADOPTION OF ORDINANCE AMENDING THE ZONING MAP OF ARROYO
GRANDE FROM GENERAL COMMERCIAL (GC) TO SENIOR HOUSING (SR)
AND SECTION 16.32.020 OF THE DEVELOPMENT CODE TO ALLOW AN
INCREASE IN DENSITY; DEVELOPMENT CODE AMENDMENT CASE NO.
01-004; COURTLAND STREET AND E. GRAND AVENUE; APPLlCANT-
LARRY PERSONS
Associate Planner Heffernon presented the staff report. Staff recommended the
Council adopt Ordinance No. 531 amending the Zoning Map from GC to SR for a 3.23-
acre portion of a 5.01-acre site and amending Municipal Code Section 16.32.030 to
allow a density of up to 34 dwelling units per acre.
Larry Persons, Pacific Harbor Homes, gave a brief overview of the project and site plan,
submitted a document modifying the project to include elevators for all second story
units, addressed the issue regarding the removal of the existing tree and the significant
discussions held at the staff and Planning Commission levels on alternatives to save the
tree; and responded to questions from Council. Mr. Persons elaborated on his decision
to include elevators to all second story units in the project and unequivocally committed
to same.
Mayor Lady opened up the item for public comments.
CITY COUNCIL MINUTES
MARCH 20, 2002
PAGE 3
John Keen, 298 N. Elm, stated that if the project was to be significantly modified, it
should go back to the Planning Commission.
Jim Guthrie, 514 Starlight, responded to the comments regarding the removal of the
tree and gave an overview of the Planning Commission's discussion on the matter. He
reminded the Council that an alternative proposal for this site in the past had been for a
mini-storage facility. He felt this project was more economically desirable.
Hal Rosen, Affordable Homes, expressed concerns regarding lack of information with
regard to the financing of this project. He stated he had not found any record of the
formation of the applicant's partnership on file with the Secretary of State.
Larry Persons, Pacific Harbor Homes, verified that the documents forming the
partnership had been filed with the Secretary of State and that there is often a delay in
publicly posting that information.
Mark Huebsch, Redevelopment Agency Special Counsel, stated he had not verified the
existence of the partnership; however, the applicant would have to provide proof prior to
execution of the Agreement.
Following further discussion, Council Member Ferrara moved to adopt an Ordinance
amending the Zoning Map of Arroyo Gr,,!nde and Section 16.32.020 of the Development
Code; Development Code Amendment 01-044, applied for by Larry Persons. Council
Member Lubin seconded the motion and on the following roll-call vote, to wit:
AYES: Ferrara, Lubin, Dickens, Lady
NOES: Runels
ABSENT: None
There being 4 A YES and 1 NO, the motion is hereby declared to be passed.
7. ADJOURNMENT
Mayor Lady adjourned the meeting at 8:14 p.m. to the Special City Council Meeting of
Wednesday, March 20, 2002 at 7:00 p.m. in the Council Chambers, 215 East Branch
Street.
Michael A. Lady, Mayor
ATTEST:
Kelly Wetmore, Director of Administrative Servicesl
Deputy City Clerk
MINUTES
SPECIAL MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY
TUESDAY, MARCH 20, 2002
COUNCIL CHAMBERS, 215 E. BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor/Chair Lady called the Regular City Council meeting to order at 8:10 p.m.
2. ROLL CALL
City Council: Council Members Dickens, Ferrara, Lubin, Mayor Pro Tem Runels
and Mayor Lady were present.
RDA: Board Members Dickens, Ferrara, Lubin, Vice-Chair Runels, and
Chair Lady were present.
City Staff Present: City Manager/RDA Executive Director Adams; City AttorneylRDA
General Counsel Carmel; Director of Administrative Services/RDA
Secretary Wetmore; Director of Financial Services/RDA Finance
Officer Snodgrass; and Associate Planner Heffernon.
3. PUBLIC COMMENT
None.
4. PUBLIC HEARING
a. CONSIDERATION OF APPROVAL OF DISPOSITION AND DEVELOPMENT
AGREEMENT.
City Manager/RDA Executive Director Adams gave a brief introduction of the item and
stated that staff recommended the Council conduct the required public hearing, and
approve the Disposition and Development/Affordable Housing Agreement by and
between the Arroyo Grande Redevelopment Agency and Courtland-Arroyo Grande,
L.P., for a 108-unit senior affordable housing project located at the northwest corner of
Courtland Street and E.Grand Avenue, and appropriate $10,000 from the Affordable
Housing "In Lieu" Fee for professional services directly related to the proposed project.
City Manager Adams introduced Mark Huebsch, Redevelopment Agency Legal
Counsel, and Consultant Tim Mulrenan from Rosenow Spevacek Group, Inc.
Consultant Mulrenan gave a presentation of the proposed project; reviewed income and
rent targets for potential tenants; explained that the developer projected that all units
would be considered affordable housing; reported that total Agency assistance would be
$800,000; explained that financial assistance from the Agency would be secured by a
Trust Deed recorded against the property; reviewed total project cost of $14.4 million;
reviewed terms of Agency assistance; reviewed financial assistance with Low Income
--~-
CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
MARCH 20, 2002
PAGE 2
Housing Tax Credits; reviewed sources of funds in the first phase; reviewed the
competitive process for tax credit allocations; explained that increased local assistance
would aid in the competition for funds; explained that the tax credit process was
expensive; and reviewed changes from the first draft of the Disposition and
Development Agreement.
Consultant Mulrenan and Special Counsel Huebsch responded to questions from
Council/Board Members relating to the total cost of the project and regarding the tax
credit allocation process and due diligence task required for the project.
Mayor/Chair Lady opened the Public Hearing and stated all members of the public were
invited to come forward to speak on the matter.
Hal. Rosen, Affordable Homes, spoke in support of affordable housing; however, he
expressed concerns with regard to the financing mechanisms related to the project.
Hearing no further public comments, Mayor/Chair Lady closed the Public Hearing.
Council/Board Members Ferrara and Dickens made comments supporting the
Disposition and Development Agreement. Council/Board Member Lubin stated he
favored the project; however, he expressed concerns about the potential tax
implication!? and potential liability to the Agency and the City as a result of the proposed
transaction. He requested a legal opinion from a tax attorney or certified public
accountant addressing this issue as part of the City's due diligence investigation.
Council/Board Member Runels stated he had no problem with the proposed project;
however, he had concerns with the proposed financing. He felt the City would not have
the finances to cover the project over a 20-year period.
Following further discussion, Board Member Ferrara moved to adopt a Resolution
approving the proposed Disposition and Development Agreement with Courtland-Arroyo
Grande, L.P. and appropriate $10,000 from the Affordable Housing "In Lieu" Fee Fund
for professional services directly related to the proposed affordable senior housing
project, subject to, and conditioned upon the inclusion of elevators to service all second
story units within the project. The Resolution reads as follows:
Resolution of the Arroyo Grande Redevelopment Agency approving a
Disposition and Development/Affordable Housing Agreement Between the
Agency and Courtland - Arroyo Grande, L.P.
He further moved that the due diligence effort be expanded to ensure that no tax
implications are involved for the City and that the disposition on this be conditioned as a
requirement for closing.
CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
MARCH 20, 2002
PAGE 3
RDA Special Counsel Mark Huebsch asked for clarification the tax implications referred
to income tax and not property tax. He explained that an affordable housing project is
almost assuredly going to qualify for a property tax exemption.
Council/Board Members Ferrara and Lubin clarified that was correct.
City Attorney asked for further modification of the language in the motion to change the
words "tax implications" to "tax liabilities". The maker of the motion agreed to the
modification.
Board Member Lubin seconded the motion as amended, and on the following roll-call
vote, to wit:
AYES: Ferrara, Lubin, Dickens, Lady
NOES: Runels
ABSENT: None
There being 4 AYES and 1 NO, the motion is hereby declared to be passed.
Council Member Ferrara moved to adopt a Resolution approving the proposed
Disposition and Development Agreement with Courtland-Arroyo Grande, L.P. and
appropriate $10,000 from the Affordable Housing "In Lieu" Fee Fund for professional
services directly related to the proposed affordable senior housing project, subject to,
and conditioned upon the inclusion of elevators to service all second story units within
the project. The Resolution was read as follows:
Resolution of the City Council of the City of Arroyo Grande Consenting
Arroyo Grande Redevelopment Agency approving a Disposition and
DevelopmenUAffordable Housing Agreement Between the Agency and
Courtland - Arroyo Grande, L.P.
He further moved that the area of due diligence be expanded to ensure that tax liability
is adequately addressed prior to the close of escrow under the Agreement.
Council Member Lubin seconded the motion, and on the following roll-call vote, to wit:
AYES: Ferrara, Lubin, Dickens, Lady
NOES: Runels
ABSENT: None
There being 4 A YES and 1 NO, the motion is hereby declared to be passed.
CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
MARCH 20, 2002
PAGE 4
5. CITY COUNCIL CLOSED SESSION
The City Council convened in Closed Session at 9:15 p.m. to consider the following
matter:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to
Government Code Section 54956.9 (a):
Name of Case: Citizen's Committee for the Conservation of Local Aoriculture v.
Citv of Arrovo Grande, et aI., San Luis Obispo County Superior Court Case No.
CV 020085.
6. RECONVENE TO OPEN SESSION
Council Member Ferrara announced that there was no reportable action from the closed
session.
7. ADJOURNMENT
Council Member Ferrara adjourned the meeting at 10:33 p.m. to the Regular City
Council Meeting of Tuesday, March 26, 2002 at 7:00 p.m., in the City Council Chambers
located at 215 E. Branch Street, Arroyo Grande, California.
Michael A. Lady, Mayor/Chair
ATTEST:
Kelly Wetmore, Director of Administrative Services/
Deputy City Clerk/Agency Secretary
B.c.
MEMORANDUM
TO: CITY COUNCIL
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER~
SUBJECT: CONSIDERATION OF PROGRESS PAYMENT NO.2 FOR THE OAK
PARK BOULEVARD WIDENING PROJECT, CITY PROJECT NO. PW.
00-01
DATE: APRIL 23, 2002
RECOMMENDATION:
It is recommended the City Council authorize Progress Payment NO.2 in the amount of
$36,648.05 to Souza Construction, Inc. for work completed on the Oak Park Boulevard
Widening project.
FUNDING:
On January 8, 2002, the City Council awarded the Oak Park Boulevard Widening
project to Souza Construction, Inc. in the amount of $192,904 and authorized a
contingency of $23,000 to be used for unanticipated costs during the construction phase
of the project ($215,904 total available construction funds).
DISCUSSION:
The City received an application for Progress Payment NO.2 from Souza Construction,
Inc. for work completed between March 1-31, 2002. Staff has reviewed the application
and has determined that the amount requested is in conformance with the quantity of
work completed as of March 31, 2002. Progress Payment No. 2 is in the amount of
$36,648.05 and $4,527.00 will be held in retention until the project is completed in
accordance with the project specifications.
AL TERNA TIVES:
The following alternatives are presented for the Council's consideration:
- Approve staff's recommendation;
- Do not approve staff's recommendation;
- Modify as appropriate and approve staff's recommendation; or
- Provide direction to staff.
Attachment:
1. Application for Progress Payment No.2
U:\2002\City Council\April\staffreport for PPNo2.doc
U"____..__.'.____.__.._
c U;y of
A VVoyo- C:l VliWtCte/ Public Works Department
Application for Progress Payment
Contract Name: Oak Park Bou.levard Street WideninR Improvements
Contract No: PW-00-01
Pror;ress Payment No: 2
Amount Due: 350-5609-7001= $ 36,648.05
For Work Completed: 03/31/02
Payment Due Date: 04j30;1J2
City Council Date: 04;23;1J2
Bid Estimate Amended Estimate Pay to Date
Bid Unit Unit %
Item Descrintion Qtv I Unit Price Amount QIv Price Amount 0Iv Amount Camp
GENERAL REQUIREMENTS
1 MobUIzati!m --.-- 1 LS ~8~,OO $ L.~2,90. _ 1 I. 7 582.00 $ IJi!l2.Q:O_ 1 r-l-- I,~ 109_%
.. - ~_._~"810.00 11.
.2. _ TraffIC Control 1 LS rf. . ~~Q,~ 9810.00 $ 9810.00 0." I So 6.474.~~ _~'to_
3 Co~siru~tk;~ S~~~~_.. .-.-- -.. 1 LS 920.00 920.00 1 I. 920.00 I. 920.00 0.5 Is 460.00 50%
WATER SYSTEM IMPROVEMENTS
I--A _Replace Existing Water Services _____._____~~... EA 1$ 992.00 $ 4960.00 5 $ 992.00 I s. 4 960.001 5 .... L ._ 4.960.Q9_ __ .:I.QQy?___
5 -- R;~la; 'Fire H,trlrant & Assembl ~~Hot T;~' 1 CY ~r. 3185.00 I It 3 185.00 1 I. 3185.00 I It 3185.00 0.751 S 2388.75 75%
SURFACE IMPROVEMENTS WITHIN PUBLIC RIW
~-- _J:!a~.I~A",,~_Base _~_______ 200 CY . 167.11 $ 33 422.00 200 $ 187.11 $ _ ~.Ml?.J!9_ J.OO ~___~7_~J.9.0 5.0.%_
7 __C;:I~s~~~phaILc;C)~re~_ 175 LF . 67.00 $ 11725.00 175 $ 67.09 ~~25.00 -()--- L~____. -... 9.f!.____
--~- _g2~r~!e 9~rp_a!'~tq'!~r_____._______ _. __ .__ 802 --'=~ L-~..1"J!O $ 15,652:PO 602 $._~l!cOO $ 15M?OO J)_ j ---.. --- 9~_
.. c.o~~~e Gr9.!s_Gutter and Spandrel ___..._______ ---L. EA $ ~668.QQ . $ 4 668.00 1 ~_ 4.668.00 S .4,!i68.oo 0_ L-__ - _ 0~1o_.__
10 __ ~fJ~~t!l_~r1Q.!f_~p_RamP:.g!!.rb R~-,,!!:!"!,.._.~_ __1. ~- f=----~~1.00 $ 891.00 1 $ 891J1Q. -1-~1..Q(;L ._9.-- L__umc. 9%. _
1t 1-. C;:oncre!eS!d~~I!<-_____. - --.-..---~-_. 2675 LS .._____ 4.56 $ 12 198.00 2675 $ 4.56 ~-.1b1!!~JI.Q. --"-- -$--- ..._-~"- -~"&_-
12_ _G9n<;r~teSicI~alk Under~~i~. __n _.____ _.L EA $ _2.&Q9-,-QQ... .~___.~OO.OO 1 I It 2 600.00- $ . .~ooo Q-- .~--- --. --,. ___0%
1:)_ __!?'_Col}CreJ~ QrJv~~y_R!'I~p.___ n__...__ ____~_ 1 EA ~ lL15~J!Q .l._----1.15~,Q!L -'-- ~-...h~?"'--09- ..$---_-.!.~,-QQ- ...0_ _L____ ~. ..0.0/0
1_4.._ 1~._c:o~~e!~_Qrivewa.'{_R~!!!P_ _ _ ____ . .__ ..L EA. J___ !d.~ .l._ 6,75QQ9 .2- L-__1....3.~g,09._ l.___62_~.00 ___L _L_ - 0%
15 ?O~ c;:o.nc~ete__Driy~yJ~~unP._ __ __ ____.._. .___.__ _.L ~~ ~-.--1~-,-QQ.. L.. .~,~_2J'!O --'-- .L-1E.?.?,QQ... j__ _~l,~~%I_ -.Q-- $- - ..90/0
1. _ 22' _CO!)~~!I~!I_q.rt{~wa.'l_I!.~.!!I.L__ __._. __ _. _________ 1 EA $ 1 M!:..QQ... ..L._ 1.644.00 1 $ 1.644.QQ j_____-1..~,OO 0 $- -- .-. q%
17 ._PiI>"I~l11en!.Dl:llil1.!'!~~_ _ __n ___ ..______~_~___ _1- _LS~ ~-~.QgQ:O_O_ $ _ 2000.00 '. $ 2,000.00 $ b9_Q9~Q_ _,,0. t __._. __-__ .O~o
_18 _Cu!b.~~inling. (2~Ji;jL____.____ _____._.~..n ..._~ _H..... ....!:.E.... J""_~_n_~oQQ }~ 286.00 13 $ 22.00 _$___ _~~_f!.9Q.. ..9-- .1._____-.... ()~~
t~ _.Re~c:I!E:!-"':__~!f~ Signs _.._______________~ _.1... ---'"- -~ 617.00 }-n1~~:- _1. $ 61I:QQ... $ ._617.00 _Q,5 _~_~_.".___308.5..9_ ~Q~---
20 Relocate Existinn Mailboxes 4 EA 263.00 4 ~-~63.oo ,- 1052.00 3 $ 789.00 75%
PRIVATE PROPERTY IMPROVEMENTS
. _~t_ _~~~te E~!s.t~~_.I~ig!!ion Valve and/or SDfinkle~ _.L. _EA .1. 373.00 $ 1119'000 3 __L_373,99_ .l..__ .J...11.9',.Q9_ _L j__~_~3000_ -~~--
_??- - . ...?:I?'Y9J,!igCl!iC!~_~uit __~.___~ 54 I"L _L 7.00 $ 378.gQ .2.1 .L.____I09.9 $ 378.00 ---..9___ -$- ---- - _ qo[o__
_?3... ~_~Q.~~~!~_Drive~_.______________ _ _ J~~ ..J>E ~$ __ _.___~~5 ~___~~2._OQ.. ~~ -$--~~ ~= 9A92cQQ: ~2_ L. __1,!=!OQ:?Q_ ___20"(0
2' __~epla.s:!'!:.!r!::.!Q~_ ~~halt Concrete Parking Area (2") 2562 SF $ ..__.__ 2.20 l_ _~.~~~49_ ~-$- 2.20 $ _____?L636.4,0 __..9,... _L. .- _ 9~/o...
25_ _ _C.o_~re:te~~~irli!19.-W~.___. ._____________.__ ----.:1I.. _SE_ ..~.______.4~"Q0 s 552.00 12 $ 46PO. .L_ 552.00 t?_ j___ _ _ __5~,2Q 10% -
26_ 6- Concrete Curb Planter _lQQ_ _ ~E,,_ +____~O'8 $ 290800 _1QCL $ __._m1~ $ 2.908.00 __9 $ - ___9_0to__
27 - Re~~~~ E-~i~ti~ -Tr~~~. -...-.----~~~- 3 EA 1 053.00 :~S- ---"-3'15;;i.~- 3 $ 1 053.00 "i --- 3159.00- 2 . -~-----2106"OO 67%
UNDERGROUND UTILITY IMPROVEMENTS
28 I Install Underaround Utili Facilities 1 LS I. 46 360.00 I S 46 360.00 I 1 I It 46 350.00 I . 46 360.00 0.9 I !t 41 724.00 I 90%
PRE-BID CONTRACT AMENDMENT
29 1 Cut Back Exlstina Wall I 1 LS I. 430.60 430.60 1 I. 430.60 I $ 430.60 0.9 Is 387.54 I 90%
SUBTOTAL (BASE BID) I 1$ 192,904.00 I 1$ 192,904.00 1$ 88,220.09 I 45%
CONTRACT CHANGE ORDERS
None to date
TOTAL CONSTRUCTION $ 192,904.00 $ 192,904.00
232\5609\Const Admin\Prog Pal"5609 Progress Payments.xls 10f2
Oak Park Boulevard Stm:t Widening lmprovements
Contract No. P -00-01 Progress Payment No.2
/ City Coundl Date: 04;23/02
~
4~ \ 2. ..- 02- Pay to Date $ 86,220.09
Date Retention $ 8,622.01
~..~ Previous Payments $ 40,950.04
- ,IV=: -=\'\2--0'2- Progress Payment No.2 $
36,648.05
Date
"""r
Contract Start Date: 8-Feb-02
Don Spagnolo, P.E. - Original Contract Calendar Days: 90
Date Adjusted Contract Days: 2
City Engineer, City ot Arroyo Grande Adjusted Contract End Date: 10.Mav-02
C~~ DPS/oz.-
c: ../'/, ,
Steve Adams
City Manager, City of Arroyo Grande
Send Pavmenr to:
Souza Construction, Jnc.
P.O. Box 3903
San Luis Obispo, CA 93403-3903
~(805) 546-8288 t')<C6J>~1)f\S (~~\vcl ').
Aec.sc:. VYV+e. ~ \~eD?.rG \ ~...~
232\56091C00$1 Admin\Prog Pay.5609 Progress Paymenls.:ds 20f2
April 12, 2002
John Wallace and Associates
4115 Broad Street, Suite B-5
San Luis Obispo, CA 93401
Attn: Roberto Sanchez, Resident Engineer
Re: Oak Park Boulevard, Ramona Ave. to Brighton Ave. Street Widening Improvements
Dear Mr. Sanchez:
We are submitting Progress Estimate no. 2 signed, but under protest. It is inappropriate not to
include the directed repair extra work for repairing damage to the contract incurred as a result of
the failure of the owner to show the existing 8" transite waterline on the plans It was
subsequently not marked on the street even though a proper USA notification by Souza Const.,
Inc. existed. Please find a copy of both the valid USA ticket, no. 39319, and the billing submitted
to Wallace and Associates office on April 9, 2002.
I was disturbed to hear that Mr. Sanchez instructed our project manager, Mr. Henard, to contact
the City of Grover Beach direct, and bill them direct. We have no contract with the city of
Grover Beach and are uninterested in entering into a contract with a separate agency for work
contained within the project limits, and whose responsibility lies within our contract with the City
of Arroyo Grande.
Mr. Sanchez has suggested that since Tidwell Excavating Corp. was a subcontractor, and their
USA Ticket was not valid until Monday that they were not covered under our valid USA ticket
no. 39319. The fact is that the City of Grover Beach would not and did not mark the line in any
case. In addition, Tidwell Excavating Corp. is not a subcontractor to Souza. They were not listed
and we did not issue a subcontract agreement due to the minor nature of work. We simply rented
their crew and they performed work at the sole direction of Souza Construction. The
Subcontracting and Fair Practices Act does not require the listing of subcontracts less than
$10,000 dollars or one half of one percent, which ever is greater.
Sincerely,
~ ~rr J.b~ $€. ~ A.. ~
President
Souza Construction, Inc.
Souza Construction, Inc.
General Enflneerlnl Contracting
P. o. Box 3903
San Luis Obispo, CA 93403
805/546-8288
Fax 805/546-8287
8.d.
MEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER!!'
SUBJECT: CONTRIBUTION FOR PAULDING/JUDKINS MIDDLE SCHOOLS AND
ARROYO GRANDE HIGH SCHOOL DESTINATION IMAGINATION
TEAMS
DATE: APRIL 23, 2002
RECOMMENDATION:
Appropriate $500 for a contribution to the Paulding/Judkins Middle Schools and Arroyo
Grande High School Destination Imagination teams.
FUNDING:
The cost impact of the recommendation would be $500 from the General Fund.
DISCUSSION:
At the April 9, 2002 City Council meeting, one of the Destination Imagination teams
made a presentation to the City Council and requested funding assistance for the team
to compete in the Global finals. Two teams are participating. One is a joint Judkins and
Paulding Middle School team and the other is from Arroyo Grande High School. Both
teams won the State competition, qualifying them for the Global finals at Tennessee
University in Knoxville, Tennessee May 21 - 26, 2002. Destination Imagination is a
world problem solving competition. Last year, the City Council approved $500 for the
program in response to a similar request. Therefore, staff is recommending the City
Council authorize the same funding amount this year. The City of Pismo Beach and
County of San Luis Obispo have also made contributions.
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
- Appropriate and approve a contribution of $500 to the Destination Imagination
Program;
- Approve a contribution of a different amount;
- Do not approve a contribution;
- Provide staff direction.
--..---.----
10.a.
MEMORANDUM
TO: CITY COUNCIL
FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR
BY: TERESA MCCLISH, ASSOCIATE PLANNE~
SUBJECT: TRANSITIONS MENTAL HEALTH ASSOCIATION PROJECT
UPDATE
DATE: APRIL 23, 2002
RECOMMENDATION:
Receive information and provide feedback.
FUNDING:
There is no funding impact to the City.
BACKGROUND:
At the April 9, 2002 meeting, the City Council considered an appeal of the
Conditional Use Permit (CUP) for the Transitions Mental Health Association at
202 Vernon Street. The City Council continued the appeal to May 28, 2002 and
directed staff to work with the applicant to identify an alternate location.
Significant progress has been made. Therefore, staff would like to provide the
Council with an update at this time.
The Community Development Department received many tips for alternate
locations from community members who wished to offer some support to
Transitions. Richard DeSlauw identified a location at 121 Poole Street, owned by
Earl Patton whom offered a two-year lease with a possible three-year extension
to Transitions. The site is zoned Multi-Family and has a land use designation of
Village Core. The General Plan states that where the General Plan and
Development Code differ regarding appropriate use or intensity of development,
the more restrictive interpretation shall apply. The Community Development
Department has addressed projects with such a discrepancy between the
General Plan and the Zoning Ordinance through the CUP process to determine
what standards and conditions may apply.
A CUP was required for the Vernon Street proposal to develop conditions
specific to an adult daycare in a residential zone as opposed to a family (child)
daycare. The issues of having this particular facility in a residential area have
CITY COUNCIL
TRANSITIONS MENTAL HEALTH ASSOCIATION PROJECT
APRIL 23, 2002
PAGE 2
been adequately addressed at public hearings through both the CUP process
and the appeal process, thus the purpose of requiring a CUP has been met.
Although a Large Family Day Care facility is not listed as an allowable use for the
Multi-Family zoning district, the objective of the Village Core land use designation
is to provide for diverse mixed uses. General Plan Land Use Objective LU6-1
states: "the primary purpose of the area designated as VC is to provide for the
continuation and development of commercial, office, residential, recreational and
community facility land use types that reflect and are compatible with the historic,
small town nature of the original Arroyo Grande Village Area".
The new location can be administered with a Large Family Day Care Permit
because such a facility is appropriate for the VC district under the General Plan,
and a CUP has been processed addressing issues regarding location in or
adjacent to residential zones. The day care permit requires noticing properties
within 300 feet of the proposed facility. The decision of the Community
Development Director can be appealed to the Planning Commission and
appealed to the City Council if required (see attached notice).
The Planning Commission did not object to the process described above after
given a project update at their meeting on April 16, 2002, and the project has
been noticed to the neighbors of the proposed site. Approval and conditions will
be final on April 30, 2002 unless written appeal is received.
Attachment 1 Notice of Proposal of a Large Day Care
NOTICE OF PROPOSAL ATTACHMENT 1
OF A LARGE DAY CARE
DATE: April 1 7, 2002
APPLICANT: Transitions Mental Health Association
PROJECT: Large Day Care Permit 02-001 to allow for the operation of
an adult day care facility for disabled adults. The facility
would serve 9 clients during daytime hours on Mondays,
Tuesdays, Thursdays and Fridays and a maximum of 14
clients on Wednesday evenings from 4:00 - 8:00 pm.
LOCATION: 1 21 Poole Street
REPRESENT A TIVE: Barry Johnson
Dear Property Owner,
The above applicant has requested a Large Day Care Supervised Meeting Facility
Permit for the above referenced operation. As part of the Large Day Care Permit
process, property owners within 300 feet must be notified of said application. The
application is available for review at the Community Development Department office
in City Hall, at 214 E. Branch Street. Office hours are Monday through Friday, 8:00
a.m. - 5:00 p.m.
Please submit any comments and/or concerns you may have in writinq regarding this
project no later than 5:00p.m. Monday, April 29, 2002 to:
CITY OF ARROYO GRANDE
COMMUNITY DEVELOPMENT DEPARTMENT
P.O. BOX 550
ARROYO GRANDE, CA 93421
Please refer to Large Day Care 02-001 Permit in your correspondence. Please include
your telephone number so we may contact you if it is necessary to discuss your
comments and/or concerns in more detail. If no adverse comments are received
during the ten day review period, the Community Development Director may approve
the Large Day Care Permit. If acceptable conditions cannot be resolved, the matter
may be referred to the Planning Commission for Public Hearing.
Conditions are made as part of the approval to protect the surrounding neighborhood
from impacts relating to noise, traffic, parking, spacing and concentration.
------------
Transitions Mental Health Association
Large Day Care Permit 02-001
April 17, 2002
Page 2 of 2
The Community Development Director must make the following findings in order to
approve the application:
1. The proposed large family day care home complies with the standards,
restrictions, and requirements contained in Section 16.52.120 of the
Development Code.
2. The proposed large family care home complies with all applicable provisions of
state law.
If you have any questions, please call Teresa McClish, Project Planner, at (805) 473-
5420.
The proposed facility will be approved subject to specific conditions determined by
the Director unless a written appeal pursuant to provisions of Section 16.12.150 of
the Development C de is re eived prior to April 30, 2002.
11.a.
MEMORANDUM
TO: CITY COUNCIL
TERRY FIBICH, DIRECTOR OF BUILDING AND FIRE ~
FROM:
SUBJECT: CONSIDERATION OF RECOMMENDATIONS FROM DMG
MAXIMUS REPORT FOR OPERATIONAL REVIEW AND
EVALUATION OF FIRE AND EMERGENCY MEDICAL SERVICE
NEEDS IN ARROYO GRANDE
DATE: APRIL 23, 2002
RECOMMENDATION:
Consider recommendations from DMG Maximus report and, if acceptable, direct
staff to develop a long-range funding strategy through the 10-year financial plan
process and the annual budget to the extent possible.
FUNDING:
Since this report is being received as an information item, there is no immediate
funding impact. If the staffing recommendations are accepted, the ultimate
funding impact will be approximately $129,000. The cost of the facility
recommendations is being determined by the RRM study underway.
DISCUSSION:
The objectives of the DMG Maximus report were:
./ To provide an overview of the City's current and future capability to provide
fire and emergency medical services (EMS) to its service area.
./ To identify unmet needs and to evaluate and recommend best service
delivery alternatives.
./ To evaluate management and supervisory organizational structure.
./ To determine if existing staffing levels are appropriate.
The methods used to collect the various data for this report included interviews
with Departmental management staff and the City Manager and documentation
of operational characteristics and workloads within the Department of Building
and Fire, Division of Fire and Emergency Services.
CITY COUNCIL
FIRE & EMERGENCY MEDICAL SERVICES ANALYSIS
APRIL 23, 2002
PAGE 2
An operational profile of the Division of Fire and Emergency Services (herein,
referred to as the Fire Department) has been created, and includes:
0 An overview of the community and the Fire Department; organization,
staffing, and service responsibilities.
0 An inventory of facilities and equipment and basic response policies.
0 Service arrangements with other jurisdictions.
0 The current Fire Department workload and service levels.
0 The scope and content of current Department programs.
Using information based upon the City's General Plan, a projected workload
volume for the Fire Department is discussed as the City continues to grow.
Response times were recognized as within a satisfactory range. The
consultant's findings also indicate that future growth will not warrant the need for
an additional station.
The report recognizes the Fire Department's approach to fire service delivery
using volunteers as being innovative and cost effective. However, service
delivery gaps exist that could result in delays in service. These delays could
increase property damage, reduce recovery in a life threatening medical
situation, or have other negative impacts on the community.
Given the current and projected calls for service by the Fire Department,
combined with identified gaps in service delivery and operations, this report
suggests the need for the City to continue to address staffing requirements in the
Department. The two major staffing and operational issues facing the Fire
Department are:
'" Calls for service workload volumes occurring during the daytime hours
exceed the capacity of staff during some of those hours.
'" The lack of experienced, or long-term, firefighting volunteers has significantly
curtailed the Department's ability to staff and deploy trained and reliable
EngineerlDriver Operator positions.
The report presents two operational and staffing options that could mitigate the
above issues:
Option 1. Hire and staff three full-time Engineers for 24-hour/7 day
coverage.
Option 2. Hire and staff two full-time Engineers to work 12-hour/7 day
coverage during the daytime only.
CITY COUNCIL
FIRE & EMERGENCY MEDICAL SERVICES ANALYSIS
APRIL 23, 2002
PAGE 3
After presenting these two options, the report goes on to recommend Option 1,
and substantiates this recommendation by citing assured staffing, better
management and supervision of the Engineer position, and a more economical
approach to providing 24-hour/7 day coverage of the Engineer position.
As mentioned previously, utilization of volunteer firefighters in Arroyo Grande is
deeply rooted in tradition. The City's approach was so institutionalized within the
mind set of the community that the existing Fire Station built in 1980 has no
accommodations for sleeping. Overall, four areas in which the Station is
undersized are discussed. Those areas include sleeping quarters, training room,
multi-gender lockerlshowerlrestrooms, and exerciselfitness room.
The use of accepted architectural planning standards for development of space
programs for public safety buildings allows a minimum space standard to
demonstrate a need for additional space within the present Fire Station. In
anticipation of this report, and as has been approved previously by Council, a
feasibility study has been started that will determine cost, conceptual design, and
feasibility for this possible expansion.
The report concludes by summarizing discussions that were held between the
neighboring jurisdictions related to possible consolidation, sharing of resources,
and other cooperative opportunities. It illustrates some of the areas that would
make regionalization of fire services desirable, but also recognizes the weight of
political reality, local control issues, community expectations, etc. Since our
neighbor, Pismo Beach, has recently contracted with CDF County Fire, the
report suggests that Arroyo Grande closely observe that relationship over the
next several years to determine if such an opportunity would exist for the City to
enter into a similar agreement.
Staff supports the consultant's recommendations. However, given the financial
impact of the recommendations, staff proposes that they be funded through a
phased approach. Staff recommends City Council direct staff to develop an
implementation strategy through the long-range financial planning process and
annual budget.
CITY COUNCIL
FIRE & EMERGENCY MEDICAL SERVICES ANALYSIS
APRIL 23, 2002
PAGE 4
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
- Accept recommendations and direct staff to develop long-range funding
strategy through the 10-year financial plan process and the annual budget
to the extent possible;
- Accept recommendations and direct staff to incorporate in the annual
budget;
- Modify recommendations;
- Reject recommendations;
- Provide direction to staff.
Attachment: Fire and Emergency Medical Services Analysis
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. Final Report of the
. Fire and Emergency Medical
. Services Analysis
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, CITY OF ARROYO GRANDE
FIRE DEPARTMENT
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~ Helping Government Serve The People
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~ Final Report of the
~ Fire and Emergency Medical
~ Services Analysis
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~ CITY OF ARROYO GRANDE
~ FIRE DEPARTMENT
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~ DMG - Maximus April 10, 2002
~ Irvine, California
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"
" Table of Contents
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"
"
" Section Chapter Page
Number
"
JI\
'" 1. Overview of Study Objectives 1
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'" 2. Project Methodology 2
'"
'" 3. Operational Profile of the Fire Department 2
'"
~ 4. Evaluation of Growth Projections 15
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~ 5. Analysis of Workloads at Buildout 16
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~ 6. Evaluation of Existing Operations 19
lit
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tit 7. Recommended Staffing Approaches 23
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~ 8. Other Recommendations 3)
~ 9. Summary Review of Existing Environment 35
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~ DMG . Maximus
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.. Helping ~~~ Senoe The People
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..
.. FINAL REPORT
..
.. OPERATIONAL REVIEW AND EVALUATION
.. OF FIRE AND EMERGENCY MEDICAL
.. SERVICE NEEDS IN ARROYO GRANDE
..
.. The report which follows presents the results of the evaluation of
.. Emergency Fire and Emergency Medical services in Arroyo Grande. The first
.. sections of the report provide an overview of major project objectives and how
.. the study was conducted, and subsequent sections present our findings,
.. conclusions and recommendations.
..
..
.. 1. OVERVIEW OF STUDY OBJECTIVES.
~ The study's principal objectives were as follows:
--
~ . Evaluate the City's current capability to provide fire and
-- emergency medical services to its service area.
~ . As appropriate, identify unmet needs and determine resources
-- required to close any identified gaps.
~ . Evaluate and recommend the best service delivery alternatives
-- for the City given both current and projected future demand for
~ fire and emergency medical services.
-- . Evaluate the management and supervisory organizational
~ structure for efficiency and effectiveness.
~ . Determine if the existing staffing levels for management, office
~ and line staff are appropriate given workloads, expectations
~ and position responsibilities.
~
~ To fulfill these study objectives, a broad variety of data collection and
~ analytical tasks were completed. They are described in the next section.
~
~
~
~ Fire and Emergency Medical Services Analysis Page 1
~ City of Arroyo Grande
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2. PROJECTMETHODOLOG~
..
..
.. .The project team has been involved in a wide variety of data collection
" and analytical activities to develop this analysis, including:
"
~ . Interviewing management staff to develop a detailed
- understanding of fire service goals and objectives; organization,
.. staffing, and operations; and service level targets.
" . Interviewing the City Manager to obtain the City's views
~ regarding service level and policy issues.
~ . Conducting a variety of data collection activities designed to
~ document operational characteristics and workloads in A:rroyo
~ Grande, including calls for service data as well as various fire
~ prevention, inspection and plan checking activities.
~
~ The next section presents an overview of the operations and functions
~ of the A:rroyo Grande Fire Department.
\
\ 3. OPERATIONAL PROFILE OF THE ARROYO GRANDE FIRE
\ DEPARTMENT.
\
\ .The pages which follow describe our current understanding of the
" Department based on initial interviews and other data collection activities.
"
" (1.) Overview of of Arrovo Grande and the Fire Department.
"
" The table which follows provides some basic descriptive
" information about the Fire Department and its service area.
"
J\ Item Descrintion
~
~ Population 16,100
'I Service Area (Sq. Miles) 5.58
~
~ Fire and Emergency Medical Services Analysis Page 2
" City of Arroyo Grande
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.- Item DescriDtion
- Staffing (actual):
-
Paid Staff 5.0
- Volunteer/PT 44.0
.
- Budget (2001-02): $884,800
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. (2.) Orl!anization. Staffinl! and Basic Prol!ram and Service
4 ResDonsibilities.
4
-- The matrix which follows shows current staffing by function
-- including a summary of the basic responsibilities of the various
~ positions within the current organization.
~
~
" Division/Personnel
" Administration
--
" Fire Chief/Director of 1.0 Responsible for overall management and
Building and Life administrative direction of the Department.
~ Safety Recommends fire, emergency medical, and
-- emergency management policies and programs to
the City Manager and the City Council. Reports to
-- the City Manager. Direct internal reporting
-- relationships with the Division Chief (part-time)
and two full-time Captains. Finally, the position is
-- the City's Fire Marshal and functions as the Chief
JIll Building Official over the department of Building
and Life Safet .
JIll
JIll Executive Secretary 1.0 As the primary administrative and clerical position
in the Department, the Executive Secretary fulfills
-, numerous roles, including secretary to the Fire
-, Chief and handling all departmental related tasks
- i.e., payroll, receptionist, purchase orders and
., receivables, etc. Additionally, the positions
~ oversees the department's recruitment, weed
abatement program, fireworks booth program and
~ budget preparation.
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~ City of Arroyo Grande
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.. No. of
.. DivisionIPersonnel Pos. Descri tion
.. Division Chief - PIT 1.0 This position works one day a week and handles
. various administrative tasks in support of the Fire
Chief and the Department - which includes
.. managing the Volunteer Program. In addition, the
III.' Division Chief rotates fire incident command
response with the Fire Chief. Essentially, both
.. positions are on-call for a one-week basis, rotating
.. every other week; however, both are available for
emer enc call if warranted.
~
~ Chaplain - Battalion 2.0 These two positions respond to incidents on an as-
Chief - PIT needed basis. Their primary function is to provide
.. comfort to citizens/victims at incidents - i.e., fires,
.. auto accidents, etc. - and in cases of illness,
injuries or death of family members. Chaplains
.. also provide aid and counseling to fire department
" members.
"
.. o erations
.. Captain 3.0 Three full-time captains are regular platoon-duty
.. positions who work 24-hour shifts. One position is
currently assigned to each of the three shifts. The
.. Captains have two primary functions: 1) incident
.. commander on first alarm and greater fire, and 2)
overseeing the day-to-day operations of the fire
.. services staff. Day-to-day activities include the
.. following:
.. . Overall management of a 24-hour shift, which
.- consists of two separate shifts - the day shift
(9 AM to 5 PM and the sleeper (7PM to 7 AM).
.- . Enforcing station maintenance.
. Handle and lead non-permitted inspections of
.- higher risk occupancies including hospital, care
'" facilities, restaurants, lodging facilities and
'" businesses.
. Manage public education programs.
~ . Train new and probationary firefighters.
. Maintain fire apparatus and equipment.
~ . Order equipment and supplies and maintain
~ areas of responsibilities as assigned.
~
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~ Fire and Emergency Medical Services Analysis Page 4
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.. No. of
. Division/Personnel Pos. Descri>>tion
. Captain 2.0 These volunteers represent the core of the
1i!!II Engineer II 6.0 organization in that they cover most shifts.
Engineer I 6.0 Operationally, the program works as follows:
~ Firefighter II 12.0
.. Firefighter I 12.0 . All positions are assigned to one of the three
p1atoons - "A", "B" or "C". The assignment to a
.. particular shift is significant for two reasons:
., Call backs for non-fire incidents are handled
-
.. on a platoon basis.
. - Personnel evaluations and reporting lines are
handled by shift.
..
. On a month-in-advance basis, all volunteers
.. sign-up for available slots. Typically, there are
.. four slots available during all shifts. Two
. engineer/driver and two firefighter slots need to
be filled daily - one each for the Day (9 AM to 5
.. PM) and Sleeper (7 PM to 7 AM) shifts - or
.. four in all.
· Slots are filled on a seniority basis. Also,
. positions may fill slots below their grade - a
" captain may fill an engineer and firefighter slot
and an engineer may fill a firefighter slot.
. . Some positions are certified to serve in acting
. positions - i.e., engineer act-up to captain and
firefighter act-up to engineer.
. . All volunteers are paid a monthly stipend plus
~ an hourly wage for shifts worked (day and
sleeper).
~ . On structure fire incidents, all volunteers are
~ notified for response. As indicated above,
response is requested on a platoon basis for non-
~ structure fires and emergency medical
~ incidents.
~ In addition to the above, some of the volunteers
" have additional responsibilities, as detailed:
~ . One volunteer/part-paid Engineer II
~ coordinates the EMS program and is assisted
by another Engineer II. All positions are
~ trained at the EMT-D level.
.
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-- Fire and Emergency Medical Services Analysis Page 5
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., No. of
tI Division/Personnel Pos. Description
... (continued) . Training is managed by a volunteer/part-paid
... Captain and Engineer II. Program
characteristics are as follows:
.,
.. - Entry level positions are required to
complete the State Fire Marshal
., Certification as Firefighter I and II.
.. - Engineer and Driver/Operator certification
is also based on the State Fire Marshal and
.. NFPA standards - which require written,
.. oral and practical examination.
- Regular training sessions are held every
.. Tuesday night, from 7 PM to 10 PM.
..
... Fire Mechanic 1.0 A non-platoon employee, this position works
.. (ideally) a fixed number of hours per month
performing routine maintenance on the fleet as well
.. as responding on an as-needed basis.
.. .
..
.. The sections that follow further describe operational characteristics of
.. the Department.
..
..
..
.. (3.) Inventorv of Facilities and EauiDment and Basic
.. ResDonse Policies.
.. The Arroyo Grande Fire Department operates one station from
..
~ which all responses to incidents are initiated. Equipment housed and
~ maintained are listed in the table on page following. Staffing on the
.. Engines is three personnel, while the truck is four positions and the
.. Rescue Unit operates with two firefighting positions.
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.. Apparatus Inventory
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~ Type of Apparatus Number
" Engine - Type I 2
" Engine - Type II 1
Quint Ladder Truck 1
" Engine - Type III 1
.- Engine - Type IV 1
" Rescue Truck - Transport Capable 1
Lighting-Mechanical Truck 1
" Utility Pick-up Truck 1
" Command Vehicle 2
" Staff Vehicle 2
Hazardous Materials Support Trailer 1
iii Mass Casualty Incident Trailer 1
"
" Total VehicleslEquipment I 15
"
iii
" The matrix which follows describes the Department's policy and
iii procedures for responding to the various types of incidents.
iii
iii Incident Type Response
" . Structure Fire - Single Family Dwelling Arroyo Grande Engine, two automatic
" aid Engines, and one Chief Officer.
iii . Commercial Alarm
iii . Grass Fire
iii . Large Residential/Commercial Arroyo Grande Engine, one automatic
iii aid truck, two automatic aid Engines,
iii and one Chief Officer.
..
.. . Medical Aid Arroyo Grande Engine or Rescue Unit
and San Luis Ambulance.
111
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.. Incident Tvne ResDonse
.. . Refus~ Fire Arroyo Grande Engine
..
. Vehide Fire
..
.. . Vehide Accident
.. . Hazardous Material
" . Other Service Calls
a
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.. (4.) Service Arrane:ements with Other Jurisdictions.
..
.. This section describes inter-agency service arrangements with
.. other jurisdictions.
"
" (a.) Automatic Aid Arrane:ements with "Five Cities"
'"
.. An agreement exists among the cities of Arroyo Grande,
.. Grover Beach, Pismo Beach,and the Oceano Community
" Services District. Under this agreement, the cities and the
.. District provide fire protection personnel, equipment and
.. materials for all incidents requiring multiple-unit response -
.. e.g., single-dwelling unit structure fire, commercial fire, etc.
..
... (b.) Automatic Aid Ae:reement with CDF/San Luis
.. Obispo Countv Fire
.. The City of Arroyo Grande has entered into an agreement
~ with CDF/County Fire to incidents in which life or property are
.. in danger at agreed upon locations only. This agreement exists
~ primarily due to the fact that under normal conditions, Arroyo
.. Grande Fire can provide quicker response capabilities to areas
~ within the County's jurisdiction.
..
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.. Fire and Emergency Medical Services Analysis Page 8
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.. (C.) Mutual Aid Al!reement within San Luis Obispo
County
..
.. The County oversees and directs a cooperative working
.. agreement among all fire agencies, stipulating essentially that
.. all agencies work cooperatively to provide fire service resources
.. on an as-needed basis. Under this plan, resources are shared
.. with no financial or legal restrictions and are balanced among
.. all agencies. The County plan includes instructions on how to
.. implement the mutual aid agreement as well as sets standards
.. on response time, equipment and training of personnel.
..
.. (d.) Hazardous Materials Response Services
..
. There are no automatic aid agreements in the area for
.. hazardous materials incidents. The County operates a county-
.. wide Hazardous Materials response team, of which several
.. members of the Arroyo Grande Fire Department serve as
.- qualified members, and respond to incidents on an as-requested
.. basis.
"
"
" (5.) Current Workload and Service Levels.
..
.. The paragraphs, tables and exhibits which follow provide
.. several perspectives on current response demand and service levels.
.
. During calendar year 2000, the Fire Department responded to
. 1,248 incidents; 90 fire, 783 medical, and 375 "other" incidents. As
. shown in the table below, among fire incidents - which include false
. alarms - about 45% were structure fires while vehicle and wildland
.. fires accounted for about 55% of the total. Note, again, the actual
.. number of fire incidents is somewhat unknown in that some of the
. reported incidents include false alarms.
.
.. Fire and Emergency Medical Services Analysis Page 9
.. City of Arroyo Grande
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. Total Number of Incidents by Type for
Calendar Year 2000
.
,
, Percent
, Annual of
.. Type Total Total
.. Ell:;
.. Structure 40 3.2%
Vebide 23 1.8%
. Wildland 27 2.2%
. Medical 783 62.7%
.
" Other 375 30.0%
" Total: T 1,248 100.0%
.
.
, In calendar year 2001, the calls for service workload was 1;360,
. or about a 10% increase. Exhibit I, on the page following, shows the
. distribution of calls by time of day and day of week. Exhibit II,
. following Exhibit I, shows the average daily workload, also by time of
. day and day of week. Principle conclusions which can be drawn from
~ the two exhibits are as follows:
.
- . Monday is the busiest day of the week in terms of call for
.. service workload with 234 total calls compared with
Sunday's 168 calls for service.
..
~ . The average weekly call volume is 26.2.
~. . Daily workloads range from a low of 3.23 calls per day
~ (Sunday) to 4.5 (Monday). The daily average is 3.74 calls
lit! for service.
.. . Call for service activity clearly increases at 7 AM during
.. all seven days of the week. Indeed, from 6 AM to 7 AM,
the increase ranges between 200% to 233%.
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. EXHIBIT I
Arroyo Grande Fire Department
.
. Call For Service Workload for For CY 2001
.
. TIME
. PERIOD SUN MON TUE WED THUR FRI SAT
0000-0100 3 4 4 4 3 4 4
.
0100-0200 3 4 4 4 3 4 4
. 0200-0300 3 4 4 4 3 4 4
. 0300-0400 2 2 2 2 2 2 2
. 0400-0500 2 2 2 2 2 2 2
. 0500-0600 3 4 4 4 3 4 4
.. 0600-0700 3 4 4 3 3 3 3
.- 0700-0800 9 13 11 10 10 11 11
.. 0800-0900 10 13 12 11 10 11 11
0900-1000 9 13 11 10 10 11 11
..
1000-1100 10 13 12 11 10 11 11
. 1100-1200 11 15 13 12 11 13 13
~ 1200-1300 9 13 11 10 10 11 11
.. 1300-1400 10 14 12 11 11 12 12
. 1400-1500 10 14 12 11 11 12 12
. 1500-1600 11 15 13 12 11 13 13
. 1600-1700 11 15 13 12 11 13 13
. 1700-1800 10 14 12 11 10 11 12
1800-1900 8 11 10 9 8 9 9
. 1900-2000 8 11 9 8 8 9 9
. 2000-2100 6 9 8 7 7 7 8
*I 2100-2200 6 8 7 7 6 7 7
. 2200-2300 5 7 6 5 5 6 6
. 2300-2400 6 8 7 7 6 7 7
~ Subtotal: 168 234 205 184 177 195 197
.
" 1,360
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,. EXHIBIT II
" Arroyo Grande Fire Department
" Average Daily Call For Service Workload - Fire and Emergency Medical Incidents
--
.- TIME
.- PERIOD SUN MON TUE WED THUR FRI SAT
.- 0000-0100 0.06 0.09 0.08 0.07 0.07 0.07 0.07
.. 0100-0200 0.06 0.09 0.08 0.07 0.07 0.07 0.07
.. 0200-0300 0.06 0.09 0.08 0.07 0.07 0.07 0.07
.. 0300-0400 0.03 0.04 0.04 0.03 0.03 0.04 0.04
~ 0400-0500 0.03 0.05 0.04 0.04 0.04 0.04 0.04
~ 0500-0600 0.06 0.09 0.08 0.07 0.07 0.07 0.07
~ 0600-0700 0.06 0.08 0.07 0.06 0.06 0.07 . 0.07
0700-0800 0.18 0.25 0.22 0.20 0.19 0.21 0.21
... 0.23
0800-0900 0.19 0.26 0.20 0.20 0.22 0.22
... 0900-1000 0.18 0.25 0.22 0.20 0.19 0.21 0.21
~ 1000-1100 0.19 0.26 0.23 0.20 0.20 0.22 0.22
~ 1100-1200 0.21 0.29 0.26 0.23 0.22 0.24 0.25
,. 1200-1300 0.18 0.25 0.22 0.20 0.19 0.21 0.21
- 1300-1400 0.19 0.27 0.24 0.21 0.21 0.23 0.23
- 1400-1500 0.19 0.27 0.23 0.21 0.20 0.22 0.23
~ 1500-1600 0.21 0.29 0.26 0.23 0.22 0.24 0.25
~ 1600-1700 0.21 0.29 0.26 0.23 0.22 0.24 0.25
.~ 1700-1800 0.19 0.26 0.23 0.21 0.20 0.22 0.22
~ 1800-1900 0.15 0.21 0.19 0.17 0.16 0.18 0.18
~ 1900-2000 0.15 0.21 0.18 0.16 0.16 0.17 0.17
~ 2000-2100 0.12 0.17 0.15 0.14 0.13 0.14 0.14
~ 2100-2200 0.12 0.16 0.14 0.13 0.12 0.14 0.14
,.,. 2200-2300 0.10 0.13 0.12 0.10 0.10 0.11 0.11
2300-2400 0.12 0.16 0.14 0.13 0.12 0.14 0.14
~
~ Subtotal: 3.23 4.50 3.94 3.54 3.40 3.75 3.79
~ 26.15
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.. . Additionally, workload levels remain relatively constant
... until about 6 PM, with workloads dropping an average of
... about 20%.
... . As noted above, call for service workloads essentially peak
... between the hours 7 AM to 6 PM. Exhibit III, on the
... page following, shows the average daily and weekly call
volume during the 7 AM to 7 PM period. As shown,
... workloads during this 12-hour period account for 70% of
.- the total call for service workload. Said another way, 70%
... of the total workload occurs during 50% of the available
time.
-
. Finally, workloads that occur during the four hours in
. which staffing is essentially one-paid captain (7 AM to 9
.- AM and 5 PM to 7 PM) account for about 22% of the total
.- workloads. In other words, these four hours represent
,. 16.6% of the 24-hour day, however, workloads account for
about 22% of the day's workloads.
""
"" (6.) Scope and Content of Current Fire Department
.. Prol!rams.
..
~ This matrix below describes current and planned programs.
~
~ Program Approach
... Codes and The City adopted the 1997 Uniform Fire Code/1998 California Fire
... Ordinances Code with no amendments.
.. Fire and Building The Fire Chief serves as the Fire Marshal as well as the Chief
.- and Life Safety Building Official. Planning and development review, as well as
. . Divisions. construction inspections, are handled by Building and Life Safety
- I Dersonnel.
~ Company Inspections Engine company personnel handle routine and recurring occupancy
~ inspections. In 2000, about 200 inspections were conducted;
t!i\ however this nrO!ITam was imnlemented mid-vear.
,
~ Arson Investigation Arson investigations are handled cooperatively by an investigator in
!lie the City's Police Department and Fire Department staff. If the
incident is large or complex or the Police Investigator is
.e unavailable, a Fire Chiefs Association joint task force handles the
.e investi"ation.
+
+ Fire and Emergency Medical Services Analysis Page 13
~ City of Arroyo Grande
, ----..--
~
..
..
..
. EXHIBIT III
Arroyo Grande Fire Department
II
II Call Volume Statistics for Identified Periods
.. Total
.. TIME Average Total 7AM-9AM&
.. PERIOD 7AM-7PM 7AM-7PM 5PM-7PM
~ 0000-0100
~ 0100-0200
~ 0200-0300
II 0300-0400
. 0400-0500
~ 0500-0600
0600-0700
~
0700-0800 0.21 1.44 1.44
~ 0800-0900 0.21 1.50 1.50
~ 0900-1000 0.21 1.46
~ 1000-1100 0.21 1.50
~ 1100-1200 0.24 1.69
-- 1200-1300 0.21 1.44
-- 1300-1400 0.23 1.58
" 1400-1500 0.22 1.56
" 1500-1600 0.24 1.69
" 1600-1700 0.24 1.69
" 1700-1800 0.22 1.54 1.54
" 1800-1900 0.18 1.23 1.23
" 1900-2000
11\ 2000-2100
.. 2100-2200
" 2200-2300
2300-2400
.,
., Subtotal: 2.62 18.33 5.71
till
70.07% 21.84%
~
~
~
-
III
.
~
~
ill
- -------
..
-
.. ~
.. Helping cMJ~en~ $erw The People
..
.-
..
.. Proltram Annroach
.. Haz M!\t Disclosure All waste generator, handler, and tank inspectionslbusiness plans
.. and Inspections are handled by the County.
..
. Public Education There is no formal Public Education program in Arroyo Grande.
However, programs were offered and provided to over 1,600
.. children and adults in CY 2000. These activities, which include
.. training/education, station tours and out-of-station visits, are
typically coordinated by the Executive Secretary and carried out by
.. the fire crews as part of their regular work day.
..
.. Training Program Program is managed by a part-paid Captain and Engineer II.
. Regular training sessions are held every Tuesday night, from 7 PM
to 10 PM. Much of the training for new personnel is done by the on-
. duty crew during the day and evening work shifts.
.
. Apparatus There is no formal policy regarding equipment replacement.
. Renlacement
.. Fire Service Dispatch The Police Department staffs and handles emergency
.. and Communications communications and disnatchinv tasks.
.. Emergency Medical Arroyo Grande fire responds to all medical calls providing Basic Life
~ Support level service, while San Luis Ambulance staffs one
paramedic and one EMT on each unit and handles all transport
~ responsibilities.
.
~
. ANTICIPATED GROWTH FOR THE CITY OF ARROYO
4.
. GRANDE.
.
~ The City of Arroyo Grande will likely experience modest growth
~ over the next 20 years. The 2000 census indicates a population of 15,851 and
~ is estimated at about 16,000 for 2001, based on current population and
~ household configurations, as shown in the table on the following page. The
~ City's General Plan employs a 1% growth average for the next twenty years
~ _ which complies with the identified "Build-out" of 20,000 capita by 2023.
~
~
~ Fire and Emergency Medical Services Analysis Page 15
- City of Arroyo Grande
--
..
. <
..
..
.. ~
.. Help;ng ~~~SeIW The People
.
..
..
.. Population
e Dwellin Units Per DU Po ulation
.-
.- Sin Ie Famil 5060 2.5 12 650
.- Multi Ie Famil 1196 2.0 2392
"
11\ Manufactured Homes
11\ Subtotal
l1li Population per Dwelling
" Unit
"
~ Currently, there are about 1.44 million square feet of office and
~ commercial space in Arroyo Grande, as shown below:
~
~
~ Square . Area
Feet
~
~ 306 500 Villa~e Core (includin~ Traffic Wav)
~ 440 000 Grand Avenue
~ 581 700 W. Branch Re.nonal Commercial
~
~ 117 000 EI Camino Real & Halcvon Road
~ The City's 2020 projections add 550,000 square feet to the above areas,
~
.. plus potentially another 1.35 million square feet in the previously proposed
It Arroyo Linda Crossroads. Therefore, residential housing and populations are
te projected at about a 20% growth rate over the next 20 years, while
~ office/commercial space is projected to grow over 130%.
te
" 5. THE DEPARTMENT'S FIRE AND EMERGENCY MEDICAL
WORKLOAD VOLUME IS PROJECTED AT ABOUT 2.000
.. CALLS FOR SERVICE AT BUILD OUT.
.. As noted in a previous chapter, Arroyo Grande's population growth is
~ projected at about 1% per year. This projection is consistent with the
~
~ Fire and Emergency Medical Services Analysis Page 16
~ City of Arroyo Grande
~
"
..
..
. ~
. Helping Mn~~ Setw The People
..
..
.. population growth from 1990 in which the census population was about
.. 14,603. Over the ten year period, the population increased by 1,248, an
.. avera~e of 125 per year and an annual percentage increase of about 0.85% -
. that is, less than one percent per year.
"
. However, as also noted above, during the same period call for service
" workloads increased well above the population growth - from 1,248 in 2000
" to 1,360 in 2001, a 9% increase. We attribute this disproportionate increase,
" in part, to the following:
--
-- . As mentioned above, Arroyo Grande is an aging community -
-- the proportion of residents requiring a disproportionately higher
-- rate of emergency medical services is likely to increase every
-- year.
~ . The addition of office and commercial space has more than likely
.-- increased traffic accidents, hazardous conditions and other
public service requests.
--
~
"" A13 a result of the above phenomena, it is difficult to project the call for
~ service workload impact when the City reaches its build-out population of
.- 20,000. That is, how will a 25% population increase impact call volumes and
.- workloads? We believe that call for service workloads will likely increase at a
~ somewhat greater rate than population increases, as has occurred over the
~ last two years. The table on the next page shows the experience of identified
"'" years beginning in 1988 and the ratio of workloads to population.
,
~ Characteristics and conclusions which can be drawn from the table include
... the following:
~
~
~ . Over the last fourteen years, the population has increased from
,
~ 14,237 to 15,948, or a 12% increase.
~ . During the same period, call for service workloads have
.. increased almost 350% - from 307 annual calls in 1988 to 1,360
~
-e in 2002.
..
.Ie Fire and Emergency Medical Services Analysis Page 17
. City of Arroyo Grande
~
..
.
III
III ~
III Helping ~~~ Sen,oe The People
iA
-.
-.
III
... %of Annual Ratio of
Calendar Population CFS CFS to
...
Year Population Increase Workloads Capita
...
1988 14,237 307 0.022
...
1989 14,358 0.85% 435 0.030
-.
1990 14,480 0.85% 734 0.051
-.
1991 14,603 0.85% 746 0.051
-.
...
2000 15,851 1,248 0.079
"
2001 15,948 0.61% 1,360 0.085
"
" Average (CY 2000 and 2001):
0.082
"
11\
11\
;1\
. Indeed, the ratio of call for service workload to capita was 0.022
" in 1988, and 0.030 in 1989, compared with a the most recent
JIll ratio of 0.085 - a 280% increase from 1988.
JIll
JIll Given the issues detailed above, we project calls for service workloads
" at build-out (2023) as follows:
"
11\ . A baseline per capita call frequency ratio was developed based
" on the experience of the last two years, which is 0.082 calls for
" service per capita.
~ . At a build-out population of 20,000 in the year 2023, application
JIll of the baseline ratio is 1,640 calls for service (20,000 * 0.082).
~ . It has been the experience of many jurisdictions that fire and
~ emergency medical workload as measured by calls for service
~ often increases at a rate faster than population increase and
that projections which simply extend current ratios can
- understate workload and related staffing requirements. Indeed,
- over the last several years, Arroyo Grande's population has
- remained relatively static while call for service workload volume
III!!
-
III!! Fire and Emergency Medical Services Analysis Page 18
~ City of Arroyo Grande
..
"
I!II - - -~.~
-
,
, ~
.. Helping cM-n~~ Serve The People
..
..
, has increased at a higher rate. Therefore, we will project a
modest 5.0% increase above the straight line allocation.
,
, . In addition to the above, the amount of office space that is
.. projected to be added to Arroyo, including possible annexation of
lands within the City's sphere of influence - over 1.9 million
, square feet of floor space - will certainly have some effect on
.. fire and emergency medical operations as daytime populations,
geographic densities and traffic will all experience increases.
" For example, increases in vehicular traffic will likely increase
.. traffic accidents, hazardous spills, public assists, traffic control,
etc. We will employ a 5.0% increase above the baseline to
, account for this as well.
..
. Finally, as described in an earlier chapter, Arroyo Grande is an
" aging community. As can be expected in any retirement
" community, medical incidents will rise as the population gets
lib older. Incidents include elderly feeling ill, difficulty breathing,
J\ seizures, chest pain, and dying in sleep. As a result, we have
estimated an increase over the baseline of 10.0%.
J\
. A 20% increase oyer the existing two-year average ratio of calls
-- for service to capita - 0.082 - yields a ratio of 0.0.984 calls per
" capita, resulting in an estimate of 1,968 calls for service at
" build-out.
J\
11\ 6. THE ARROYO GRANDE FIRE DEPARTMENT IS INNOVATIVE
AND COST-EFFECTIVE IN ITS EMERGENCY RESPONSE
11\ STAFFING APPROACH: HOWEVER. SOME SERVICE
11\ DELIVERY GAPS EXIST.
11\ The current approach to fire service delivery and operations -utilizing
11\ volunteers as its primary responders - is rooted in deep tradition. The
11\ Department's approach, which predates the City's incorporation, is so
11\ institutionalized within the mindset of the community that the existing 7,500
11\ square foot fire station (built in 1980) has no accommodations for sleeping.
11\ This approach has helped the City operate and maintain a fire department
t\
t\ cost effectively - however, it has also required that the department become
~ more innovative in its approaches. Existing operational characteristics
. include the following:
.
.
~ Fire and Emergency Medical Services Analysis Page 19
~ City of Arroyo Grande
,.
"
~
*"
.
" ts~-~-
..
"
"
. Volunteers are paid a monthly stipend for the service provided,
. ranging from $190 to $265/month for line positions, depending
. on rank, Under the existing staff level - which includes 32 line
" positions, two chaplains and one Division Chief - this equates
to a little over $86,000 a year.
"
,
. . During the periods in which a full-time Captain is not on shift -
, which occurs probably around 10% - 15% of the time when
~ vacation/sick leave is considered - staffing costs are $600/day.
. This includes 20 hours of coverage by six positions at rate of $9,
, $10 and $11 per hour.
..
.,
.. . During those times in which a paid Captain is on 24-hour
,
~ platoon duty, the daily cost for the four additional shifts is $380
t per day.
t . Therefore, the total cost of the Volunteer Program in Arroyo
t Grande - which includes both monthly stipends and hourly
wages - is about $265,000 annually.
t
t The above notwithstanding, there are numerous issues with the
.
. existing approach. These issues involve operations, exposure, and service
. quality, as described in the paragraphs below:
.
. . Although the day shift and sleeper program are extremely
, valuable in providing three-person coverage at the Fire Station,
, the two two-hour gaps in coverage represent significant
operational and liability issues, as follows:
.
. - Between the hours of 7 AM to 9 AM and 5 PM to 7 PM,
, staffing is usually only one position - one paid captain
(and possibly zero positions if the captain is not working
, and could not be back-filled). During these periods,
, response to a call for service is delayed while the captain
waits for personnel. As shown in the first three exhibits,
, calls for service during those four hours are significant -
, in fact, an average of 0.8 calls occur daily during those
four hours. That is, four out of every five days will
. experience a call for service during the periods in which
. station staffing is one position (or zero).
.
,
,
, Fire and Emergency Medical Services Analysis Page 20
, City of Arroyo Grande
,
", ,
."
." ~
II Help;ng ~Il~ SerYe The People
II
." Given the above, response times during those four hours
-
." are likely to be significantly higher than during periods in
." which the station is staffed. This results in the following:
" .. Obviously, any delay in service could increase
" property damage in a fire incident or greatly reduce
" recovery in a life threatening emergency medical
situation.
"
" .. This increases any potential liability to which
" Arroyo Grande may already be exposed.
" .. Any delay in response may result in "rushing" in
" order to compensate for any perceived delay. This,
again, increases not only the overall danger to the
" community, but also the City's exposure and
" liability.
" .. Finally, the Captain, or Officer-in-Charge, may
.- decide that a response cannot be delayed any
" further and respond as a one- or two-person unit.
1!f This potentially increases the possibility of injury,
at the scene - i.e., structure fire, auto accident
1!f requiring medical aid and traffic control, etc.
tI We understand the basis for this approach (the eight-hour day
., shift) which exists essentially to accommodate the volunteer's
., ability or desire to work a day shift for the Fire Department. If
., the Department imposed a twelve-hour shift during the day - 7
AM to 7 PM - many of the existing volunteers would be
.- 'squeezed' out and unable to provide services due to their own
.- personal needs. For example, the 9 AM start time, rather than a
7 AM start time, allows positions to fulfill any home, family, or
11 work obligation that they wouldn't ordinarily have time to take
tI care of if they were at the station at 7 AM. Similarly, clocking
fII out at 5 PM rather than 7 PM accomplishes the same.
f1!I . The current approach limits, and will continue to limit, the
f1!I department's ability to maintain a professional fire-fighting
program, specifically the Engineer/Driver Operator position.
.. Consider:
., Existing mandated requirements for fire-fighting
-
,. personnel often exceed the abilities of many 'career'
filii volunteer positions with outside job responsibilities. That
.- is, these positions cannot continue to keep pace with the
various and numerous training requirements while
.-
.- Fire and Emergency Medical Services Analysis Page 21
., City of Arroyo Grande
.,
-
.
.
. ~
. Help;ng M~~ Senie The People I
.
.
. maintaining full-time employment, family life, and other
commitments.
.
} - As a result of the above, the number of experienced
volunteers in the Arroyo Grande Fire Department is
~ reduced. Currently, among the 37 active positions
~ (excluding the Chief and Division Chief), only 13 positions
} have greater than six years experience.
- - Concurrent with the above, 24 positions have five or fewer
) years firefighting experience with Arroyo Grande, and 14
\ positions have up to three years. That is, about 38% of
active firefighters have three or fewer years practical
~ experience and 65% have five or fewer years.
~ A maior result of the experience issue noted above is that
-
~ the Department has fewer EnlrineerlDriver positions
~ available to schedule to deplov amone: the various shifts.
, Currently, of the 37 active positions in the Department,
, only eight have the rank of engineer - four are Engineer
\ I's and four are Engineer II's. Also, of the four Engineer
I's, three have held this rank since.May, 1997, or fewer
} than five years. Therefore, only five ofthe eight engineers
} have held that rank for five years or more.
} - Engineers drive the apparatus and operate pumps at fire
I incidents - responsibilities that should not be taken
} lightly. Consider:
I .. Captains should not be tasked with this
\ responsibility as they are preparing for incident
\ command duties - initial assessment, tactical
assignments, staff deployment, etc.
)
) .. Firefighters, on the other hand, lay and operate
hose, place ladders and accomplish other tasks
\ during fire incidents. Operationally, these tasks
\ are somewhat different than the traditional role
\ engineers.
\ .. Engineers are trained to drive various emergency
, response rolling equipment - uniquely designed
vehicles with shifting water mass and significant
\ equipment and operational components.
\
\
\ Fire and Emergency Medical Services Analysis Page 22
\ City of Arroyo Grande
,
\
-
..
.. ~~-~-
.-
..
..
- A firefighter position needs at least three years of
.. practical experience before beginning driver operator
.. training, which takes between six to twelve months to
.. achieve proficiency, depending on availability and skill
level.
.
.. - A result of the above is that firefighter-level positions
. often 'act-up' in order to fill the EngineerIDriver slot.
Therefore, there are many occasions in which part-time
.. firefighters with limited experience are driving the
.. $250,000 piece of equipment in a code-three setting.
.. - Several of the current volunteers with limited experience
.. are Fire Academy students at Santa Maria. Many of
.. these positions can be characterized as follows:
till! .. Volunteering represents practical work experience
. with which they actively apply for fire-fighting
opportuni ties up-and-down the state and
till! elsewhere.
..
.. Working for the Arroyo Grande Fire Department
.. provides a second source of income, although,
... typically, not the' primary source.
"
... The above issues will only be further exacerbated as the number of
... calls increases annually. Given that a significant portion of Arroyo Grande's
.. citizens are at or near retirement age, the number of medical calls will
.. continue to increase for this aging community.
...
ill! CURRENT AND PROJECTED CALL FOR SERVICE
7.
. WORKLOAD VOLUMES COMBINED WITH IDENTIFIED GAPS
.. IN SERVICE DELIVERY AND OPERATIONS SUGGEST THE
~ CITY NEEDS TO CONTINUE TO ADDRESS STAFFING
REQUIREMENTS IN THE DEPARTMENT.
~
~ As outlined above, there are two major staffing and operational issues
~ facing the Arroyo Grande Fire Department:
~
~
41\ . Call for service workload volumes occurring during the day-time
~ hours (7 AM to 7 PM) exceed the capacity of staff during four of
~
~ Fire and Emergency Medical Services Analysis Page 23
t City of Arroyo Grande
,
~
.-
.
.
. ~
. Helping ~~~Serve The People
.
. those hours and will begin to strain the current abilities of
. deployed staff. Additionally, as call for service volumes increase
. over time, this issue will be further exacerbated.
. '. The lack of experienced, or long-term, firefighting volunteers in
. A:rroyo Grande has significantly curtailed the department's
. ability to staff and deploy trained and reliable EngineerIDriver
. Operator positions.
"
" Over the course of a month (30 days), the Department requires that
" 600 hours be filled by an Engineer - 240 hours during the day shift (30 days
.- * 8 hours/day) and 360 hours during the sleeper shift (30 days * 12
~ hours/day). With eight available positions, each would have to work 75 hours
" a month in order to provide coverage. Seventy-five hours can be achieved as
. follows:
.
.
. Number of Number of
"" 12-hour 8-hour Hours
till shifts shifts Worked
till 6 0 72
"" 5 2 76
"" 4 3 72
3 5 76
11\ 2 6 72
. 1 8 76
- 0 9 72
-
-
-. Depending on the type of shift worked, all engineers would have to
- work between six and nine days per month. By way of comparison, there are
. 18 available active firefighters to cover the same number of hours and shifts.
-
" The practice of "acting-up" firefighters in order to fill a staffing need is
-
-. economical and cost-efficient and it provides some level of practical
~ experience for firefighters. However, as a long-term practice, it should not be
..
'.
.. Fire and Emergency Medical Services Analysis Page 24
'- City of Arroyo Grande
~
..
,-
.. ___~H
~
, ~!
, Helping ~~~ Serve The People
,
, considered a beneficial approach. The Arroyo Grande Fire Department could
, adopt and implement a more aggressive training program for the engineer
, rank under existing operations. For example, there are currently eight active
,
tfi' Firefighter II's in A:rroyo Grande. Some of these positions could be targeted
, for advancement under a special training program. This, however, may be
~
I
(Ie easier said than done given the following:
"
"
" . A limited number of Firefighter II's may be interested in the
I'
. new rank. Only two of the eight Firefighter II's have more than
, five year's experience, and neither of these may be interested in
A the added pressure associated with additional training andJor
.
f'; responsibilities.
" Among the six Firefighter II's with less than five years'
I .
" experience, some may not be considered 'engineer material' by
I
~ the department.
,
,.,
.. The sections which follow present two operational and staffing options
~ which can mitigate the issues noted above, followed by our recommendation.
~
;II! 1. The City Could Hire and Staff Three Full-time Enlrineers
,;II! at a Net Additional Cost of About $165.000 Annually.
"" Given the above, we need to consider that as the Captain's role
"" in A:rroyo Grande has been professionalized in the form of full-time,
"" platoon positions, the Engineer may require a similar model. The
..
~ personnel costs for full-time engineers are estimated at $3,800 per
;II! month plus about 42.5% for retirement/benefits costs. Therefore, at
~ full implementation - three engineers covering the A, B, and C shifts
"" - personnel costs would be approximately $195,000 annually, or
~ $65,000 for each position. However, these costs would be offset by
~ reduction in outlays for volunteer coverage, as detailed below:
.,
~ . On a daily basis, the City pays for 20 hours of coverage by
~ the Engineer position at an average cost $10 per hour
~
~ Fire and Emergency Medical Services Analysis Page 25
~ City of Arroyo Grande
~
~
#
,
, ~
, Helping L'::l~~ Serve nre People
,
I during the eight daytime hours and a $45 flat rate for the
I sleeper shift - an average cost of $125 per day.
# . At 365 days per year, this is $46,000 annually.
#
# . Finally, all eight positions currently receive a monthly
# stipend, estimated at $250 each, or $2,000 per month and
$24,000 per year.
,
, . Based on the calculation detailed above, the total cost of
, currently staffing and deploying eight volunteer engineers
is about $70,000 per year.
,
f Given the above, the net cost for converting engineering staffing
,. to full-time positions would be approximately $125,000 per year.
,. Finally, additional factors need to be considered:
,.
,. . A 24-hour, platoon-duty firefighting position is scheduled
t+ to work ten-shifts per month. Given various off-shift
,. factors, . such as vacation, sick leave, training, and
It administrative leave, the number of actual shifts worked
in a month by fire fighting personnel is typically eight.
#' Therefore, there are six full shifts per month in which
~ coverage will need to be provided by either full-time or
~ volunteer staff - or 144 hours per month.
~ . Coverage provided by full-time staff under an overtime
~ scenario would cost about $45,000 per year. If coverage
were to be provided exclusively by volunteers (engineers
~ or fire-fighters acting up), it would cost about $36,000 per
~ year - $18,000 in direct hourly costs plus about $18,000
~ per year in stipends for available staff.
~
~ Given the above issues, we estimate additional costs at $40,000
,.
~ for this approach. Therefore, the net cost resulting from converting the
~ engineer position to full-time staffis about $165,000 per year.
~
~ We believe this would be a positive step for Arroyo Grande in
~ that the Department would be better positioned to adequately deploy
~ appropriate levels and ranks of positions on a regular basis. In
~
~ Fire and Emergency Medical Services Analysis Page 26
.. City of Arroyo Grande
,
~
~
~
~
~ ~
~ Helping M~~SeI'W The People
~
~ addition, paid engineer positions would likely be more effectively
, trained for that role and would also be held to a higher standard.
, Finally, by developing paid positions, the department could expand its
, pool of available candidates for both paid and volunteer staff.
,
,
t The next section evaluates an altemate approach to the existing
t platoon staffing model.
t
t 2. Alternativelv. Two Full.time Enl!ineers could be Hired to
t Work 12-hour Shifts durinI!' the Davtime Hours at an
Annual Cost of About $156.000.
fA
t As detailed in the third chapter of this report, about 70% of the
t total call volume in Arroyo Grande occurs between the hours of 7 AM
fA to 7 PM. Over the seven-day week, this twelve-hour period averages
(fA 2.6. calls a day and ranges from a low of 2.3 to a high of 3.2. In
f!A addition, during four of these hours, station staffing is one only one
f!A
fA captain. On a comparative basis, workloads during the period 7 PM to
fA 7 AM range from 1.0 to 1.3 calls a day when staffing is always three
~ positions.
~
,. It is interesting that the Department staffs about 28% higher
,. during the 12-hour sleeper shift than during the 7 AM to 7 PM -
~ especially when considered that workloads during the sleeper shift
-- account for only 30% of the total call volume. We recognize that the
A under-staffing that occurs during the day-shift is a direct result of
A operating a volunteer program with somewhat limited flexibility;
.- however, we also believe that the City could improve coverage so that
.-
.- workloads more closely match resource allocation. Given these staffing
.- and coverage issues, combined with the service delivery gaps detailed
~ in Chapter 5 of this report, an alternate approach calls for Arroyo
~ Grande to staff full-time engineer positions during the daytime
...
,
.. Fire and Emergency Medical Services Analysis Page 27
- City of Arroyo Grande
..
..
~ -,-.----."-
~
,. ~
~ Helping cM-n~~SeM!' The People
f
f hours and working 12-hour shifts. The paragraphs below provide
,. details:
".
",.
;tl4 . Two engineer/operators would be hired to provide seven-
;tt. day week coverage between the hours 7 AM to 7 PM.
;tt. . These two positions would work with the existing full-
;fA time captains on 24-hour platoon-duty.
;fA . In order to provide seven-day a week coverage, positions
11\ would be deployed three twelve-hour shifts one week, and
;A four the following week. For example, an engineer could
work Sunday through Tuesday one week and Sunday
-" through Wednesday the following week. Correspondingly,
..- the other position would work Wednesday through
Saturday one week and Thursday through Saturday the
..- second week.
IiII\
. Under the above approach, employees would work 84
-- hours every two weeks. The City could establish a policy
.- in which four hour's of overtime are paid every two weeks,
;A or one twelve-hour shift is taken as an off-day every three
weeks.
;A
;A . Positions would be scheduled an estimated 15 days per
;A month - seven days every two weeks twice, plus one day
at the end of the month. At twelve hours shifts, this
;A equates to 180 per month, or about 75% of the hours
.. scheduled for platoon positions (240 hours per month).
IiII\ . Given the monthly top step salary costs detailed above
.. combined with the fact that the positions would be
.. scheduled an estimated 25% fewer hours than their
platoon counterparts, we have estimated personnel costs
.- at $55,000 each, or $110,000 per yearfor both positions.
-- The sleeper program would continue to operate as a
.
-- volunteer-based program paying per diem and hourly
-- rates, at a cost of about $31,500 per year for both direct
-- hour costs ($16,500) and monthly stipends ($15,000).
-- . Finally, coverage provided for planned and unplanned
... absences would be about $15,000 per year.
~
--
... Fire and Emergency Medical Services Analysis Page 28
~ City of Arroyo Grande
...
~
'"
.-
.- ~
.- Helping ~~~ Se1w The People
iii'
.. Therefore, the costs of implementing this approach would be
.. about $156,500 per year.
...
...
" 3. We Believe Emulovine: the Platoon Shift Oution is the
Best Alternative for the Citv of Arrovo Grande.
"
" Given the two options detailed above, we believe the first
" alternative - that is, hiring three engineers to work 24-hour shifts -
" is the best in terms of operational effectiveness, costs, and overall
-- quality of service delivery, based on the following:
~
"
. Adopting the 24-hour platoon shift and hiring three full-
" time Engineers will significantly reduce the burden of
" filling the engineer slot on a daily basis. We believe that
" given the current organizational structure, the
~ Department will continue to have trouble filling those
slots for both the day and sleeper shifts. Under the
'" alternate approach, the Department would still be
" dependent on volunteers to fill sleeper shifts for the
Engineer position, which would continue to be strained.
--
-- . Under a platoon approach, the Captains will be better
-- able to manage the Engineer positions effectively. Under
the 12-hour day shift approach, management would be
.. deficient given that both sets would be working different
.. days and shifts and would thus work together
inconsistently.
..
.- . Commensurate with the above, service delivery quality
" would likely suffer due to inconsistent approach and
expectations among and between the platoon captains,
.. the day shift engineers and the volunteers working the
.. sleeper program, but would be improved under the
platoon approach due to improved reliability and
.. consistent coverage.
.. Finally, as noted above, the platoon approach is only
.
.. slightly less effective in terms of costs. The platoon
.. approach would cost the City an additional $165,000 per
. year in on-going operational (personnel) costs, while the
12-hour shift approach would cost about $156,500 per
. year. Essentially, hiring three positions under the
..
. Fire and Emergency Medical Services Analysis Page 29
.. City of Arroyo Grande
..
.. ---.----.
-.
..
.. ~
.. Helping ~~~ Sen.-e 1he People
It
.. platoon approach only slightly more than hiring two
.. positions under the 12-hour approach due to the fact that
.. volunteers will continue to be needed during the night
.. shift under the second alternative.
.. 8. WITH THE EXCEPTION OF THE PROPOSED STAFFING
'It MODEL DETAILED IN THE PREVIOUS CHAPTER.
'It OPERATIONAL APPROACHES WILL LIKELY REMAIN
UNAFFECTED AND UNCHANGED OVER THE NEXT TWENTY
'It YEARS.
.-
.- AB noted above, the call for service workload will likely approach 2,000
~ around the year 2023. Although this represents a significant increase from
. 1969 (50 calls for service), and even 1988 (300 calls for service), it is well
. within the capacity of what single engine/truck companies are capable.
" Existing standards suggest that acceptable workloads for emergency
.- response units range between 2,000 and 3,500. Smaller agencies with fewer
.. response teams typically begin evaluating adding additional units when
"
" workloads reach 2,000 to 2,500. Larger departments, on the other hand,
.- utilize 2,500 to 3,500 as their benchmark or trigger for increase response
.. capabilities. Given this, we conclude the following regarding fire and
.- emergency medical operations in Arroyo Grande:
.-
" . The number of required stations in A:rroyo Grande will remain
.- one (located at 140 Traffic Way) through build-out and the
foreseeable future. Most of the City properties, including
.- possible sphere of influence annexations, are within a 1.5 mile
.- radius, with some areas slightly beyond. This represents an
.. acceptable response or coverage capability.
.. . Commensurate with the above, overall average response times
.. will likely increase somewhat over time, however, the following
issues exist.
"
" - No real quantifiable data exists which reliably reports
4 existing response time experience.
4 - An extremely common expectation is a five to six minute
.. total response time, which includes the time elapsed
..
.. Fire and Emergency Medical Services Analysis Page 30
-- City of Arroyo Grande
..
.
~
.-
It ~!:1!!~_&_
.
.
..
.. between report of an incident and arrival on scene. This
is based on the following:
..
. .. About one minute of elapsed time for call-taking
~ and dispatch activities.
~ .. About one minute for firefighters to receive notice,
1\ dress (turnouts) and begin en route.
1\ .. Between three and four minutes of actual travel
1\ time prior to arrival.
" - The above expectations, or more accurately, assumptions,
" are so commonly accepted, that they are often presented
1\ as actual experience.
1\ - Our experience, however, is that most fire agencies
1\ experience actual response times in the seven to eight
\ minute range, including:
\ .. Between one and one-half and two minutes of
\ elapsed time for call-taking and dispatch activities.
, .. Between one and one-half and two minutes for
, firefighters to receive notice, dress (turnouts) and
\ begin en route.
\ .. Between four and five minutes of actual travel time
\ prior to arrival.
\ Given the issues noted above, we believe that Arroyo Grande is
\ likely already experiencing response time beyond its own
\ expectations - that is, probably in the seven to eight minute
range. For example, information that is available suggests that
\ about 75% of all calls are handled within a six minute travel
I time - not counting call-taking dispatching and station turnout
activities, while 25% exceed the six minute travel time plateau.
I And again, this will likely increase somewhat as workloads and
\ daytime populations increase.
I Although one could argue that Arroyo Grande is no worse than
I other agencies - and be correct - it should be aware of it
\ current response time experience and capabilities.
\ . Some discussion in the past has centered on the prospect of a
I second station west of the 101 Freeway. The thinking is that in
I the event of a major incident (earthquake, primarily), properties
I Fire and Emergency Medical Services Analysis Page 31
. City of Arroyo Grande
I
-
~
..
.. ~~-~-
It
It
It on the southwest portion of town would be inaccessible from
it
emergency response crews due to freeway collapse or major
it structural damage. This concern is common among cities
It bifurcated by a major roadway with an unequal distribution of
equipment and personnel. We, however, conclude and
It recommend the following:
,.
- Neither the workloads nor the geographic area justify
,. equipping a second station, to say nothing of the capital
,. costs associated with such a venture.
It Although separation from resources resulting from a
-
It major calamity is a reasonable concern, there are fire
~ stations in Grover City and Oceano that can provide some
It level of support.
:4 . Beyond the staffing recommendations presented in Chapter 7,
. the Arroyo Grande Fire Department will not require any
additional personnel. Specifically, the existing organization of
:4 one Chief, an Administrative Secretary and one part-time
. Division Chief will be sufficient in the coming years. Therefore,
:4 office space in the department will also remain somewhat
unchanged.
.
. The above issues notwithstanding, there are two major issues facing
. the Department regarding the existing fire station on Traffic Way: 1) The
. station sits within the flood plain and would likely be submerged in six to
. eight feet of water in the event of a major failure at Lopez Lake; and 2) The
. facility is currently under-sized in three areas.
.
. Although the City has explored both moving fire operations to a new
.
. facility as well as considered retro-fitting the building to better withstand
. catastrophic flooding, it has since decided .that neither option is financially
. feasible. Instead, the City has focused its attention and resources on
. strengthening the identified weak areas of Lopez Lake.
,
. The above notwithstanding, we have found that the existing facility is
, under-sized in three major areas: the training room, men's and women's
. locker rooms, and sleeping quarters. The table below shows the existing
.
I Fire and Emergency Medical Services Analysis Page 32
I City of Arroyo Grande
.
I
- -_.~
.
..
.. ~
.. Helping ~~~ Setw The People
..
.. spaces afforded these areas and projected requirements based on our
.. previous experience developing space programs for public safety buildings in
.. conjunction with professional architects experienced in facility planning.
..
~
.
. Existing Space
. Space Area Standard Comments
. Training Room 407 1,500 Standards for police and fire agencies are
. 30 square feet per position for some
~ number of planned positions. Plan 45
position requirement. Also, plan 150
~ square feet for storage of training
~ equipment.
~
~ Laundry/ Locker 237 nla Includes four large lockers, four small
Room lockers, one office supply cabinet,
~ washer/dryer, one sink and four roll-away
. beds.
..
.. Women's 133 nla Includes one toilet, one shower and one
Restroom sink
..
, Men's Restroom 169 nla Includes one toilet, one urinal, one shower
and two sinks.
..
.. Men's Locker 350 Standard is 10 square feet per locker and
Room the following for utility areas:
.
. . Shower - 35 square feet
. Toilet - 20 square feet
. . Sink (washing area)-
. 10 square feet
. Plan 12 lockers, plus two showers, two
. toilets, two urinals and two sinks. Finally,
estimated 60 square feet drying area.
4)
.. Ladies' Locker 230 Plan four lockers, plus two showers, two
.. Room toilets, two sinks an 60 square feet drying
.. area.
.
..
.
.. Fire and Emergency Medical Services Analysis Page 33
.. City of Arroyo Grande
..
..
,
~
\ ~!
\ Helping ~n~~ Serve The People
.
)
)
) Existing Space
S ace Area Standard Comments
.
) Sleeping -- 300 Standard is private sleeping quarters for
, Quarters Captain at 80 square feet plus 10 square
feet for personal storage. Plan 60 square
) feet for each additional bed plus 10 square
) feet for personal storage (locker). Should
likely plan additional private sleeping
, quarters for female positions. Total four
beds in three rooms.
,
\ Subtotal 946 2380
, Allowance for 237 595 Estimated at 25% of net square feet.
\ Circulation
, Gross Factor for 148 373 Estimated at 12.5% of net square feet plus
, Building and circulation allowance.
Mechanical
~
, Contingency -- 335 Estimated at 10% of net square feet plus
} Allowance circulation, structural and mechanical
allowance.
,
, TOTAL 1334 3683
)
~ As shown, we believe the current facility is under-sized by about 2,349
, square feet, of which more than half is due to lack of training space. We
) recommend that the City begin the process of expanding the size of the
) current facility in order to accommodate current needs.
)
, In addition to the space needs detailed above, the Fire Department will
, be losing its current exercise/fitness capabilities as the commercial Fitness
, Center it has been utilizing will be re-Iocating. This business is located
, across the street from the fire station and, given the proximity, has allowed
, department staff to utilize facility while maintaining acceptable response
, capabilities.
,
,
,
, Fire and Emergency Medical Services Analysis Page 34
. City of Arroyo Grande
,
,
-
"
" ~
-. Help;nl ~~~ SeIw The People
"
" No real standard exists among public safety agencies, including police
.-
. and fire departments. Our experience is that most in-house exercise rooms
" are somewhat inadequate in that they were not planned during construction
A as exercise rooms and therefore are not large enough to house modern fitness
" equipment. As a result, we submit the following:
,.
ft . The Department should plan a facility that can accommodate six
,. exercise/fitness stations including possibly, two cardiovascular-
oriented fitness equipment (step climber/treadmill, stationary
" bike), two free weight positions (bench press, leg squat area),
.,
f!!' and two 'open exercise' areas (bench, open mat area).
ft- . Each area is estimated at 60 square feet each, or a total of 300
~ square feet.
~ . Given the contingencies and allowances noted above, we
f estimate a total requirement of 464 square feet.
.
t The additional facilities needs facing the department total 2,813
. square feet.
.
.
. 9. THE EXISTING STAND-ALONE WITH LIMITED SHARING OF
RESOURCES APPROACH CURRENTLY EMPLOYED IN
. ARROYO GRANDE AND SURROUNDING CITIES MAY
. REPRESENT THE BEST APPROACH GIVEN OTHER
. OPERATIONAL FACTORS.
.
. Over the last several years, the City of Anoyo Grande, together with
. the surrounding communities, has engaged and has been engaged in
. numerous discussions regarding consolidating operations, sharing resources,
. and other cooperative opportunities. Most of the 'feasibility' discussions have
. resulted in little change to existing operations. However, a belief continues to
. exist that at some time in the future the cities (Arroyo Grande, Pismo Beach,
. Grover Beach, Shell Beach) and the Oceano Fire District will need to rely on
~ existing economies in order to continue providing adequate and appropriate
., response capabilities. Indeed, Pismo Beach and Shell Beach, having already
,
, Fire and Emergency Medical Services Analysis Page 35
, City of Arroyo Grande
,
.
..
.
, ~
e Helping M~~SeM! The People
~
~ detected a need to fill, have contracted with CDF for fire services. Similarly,
-- Arroyo Grande recently hired its third full-time Captain in a direct response
~ to increasing workloads and corresponding responsibilities. The project team
~
~ has mixed feelings regarding this issue, as described below:
~
. . On the one hand, it seems excessive to have five stations
v covering 12.73 square miles - an average of 2.5 miles per
~
station. Additionally, each operation staffs its own Fire Chief,
~ office support and other staff.
~ Additionally, Arroyo Grande alone maintains sixteen pieces of
.
~ equipment, including five engines, one truck and one rescue
~ truck. It is likely that on a regional basis, there is far too much
~ rolling stock owned, maintained, and operated.
lit . On the other hand, however, any transition to a larger, regional
~ approach will likely result in shifting to a full-time, paid
~ firefighter program. That is, the smaller, volunteer-oriented
approach currently employed might in fact be more cost-effective
~ than a combined regional approach given the likely impacts of
,e that type of approach. For example:
t - As demonstrated, Arroyo Grande already finds itself in
, the position of increasing its operating costs in order to
accommodate the increase in workloads, responsibilities,
~ and corresponding training requirements.
~ The City of San Luis Obispo's Fire Department could be
~ -
considered somewhat commensurate with the combined
;, services in Arroyo Grande, Pismo Beach, Oceano, Shell
~ Beach and Grover Beach in terms of number of stations
(five) and annual call for service workloads, San Luis
~ Obispo, however, operates with an estimated $5.0 million
~ annual budget, whereas the combined operations in
~ Arroyo Grande and surrounding communities amount to
about $2.4 million. This is due primarily to the fact that
~ it operates a paid-staff department with daily staffing of
~ about fifteen positions.
~ We believe that although some opportunities may exist to achieve
~ economies, it is probably more likely that economies cannot be achieved due
~
~
~
~ Fire and Emergency Medical Services Analysis Page 36
~ City of Arroyo Grande
.
~
.
. ~
~ Helping ~n~~Set\"t' The People
,
~
~ to political realities, local control issues, community expectations and the
like.
110
110
110 Finally, however, given the fact that Pismo Beach has contracted for
110 services with CDF, we believe that Arroyo Grande should be interested in the
110 effects and results of this new approach. The CDF model utilized to provide
110 service to Pismo Beach is built upon a staffing program that provides 24
110 hour, seven-day a week coverage by two paid and one reserve/volunteer
110 personnel. CDF Personnel and Procedural RelZUlations require a paid
110 Captain and paid Engineer, but allow the Firefighter position on each crew to
110 be paid as a reserve or volunteer member (part-time/no benefits). The City of
110 Pismo Beach was required to bring the staffing of each crew up to fully paid
110
" status for both the Captain and Engineer positions as a stipulation of CDF
" assuming response capacity and services. We suggest that Arroyo Grande
" c~osely observe operations over the next year or two in order to determine if
.. opportunities exist for the City to enter into a similar agreement with CDF or.
.. other service provider.
"
"
"
"
"
.
.
.
,
Fire and Emergency Medical Services Analysis Page 37
City of Arroyo Grande
11.b.
MEMORANDUM
TO: CITY COUNCIUREDEVELOPMENT AGENCY BOARD OF
DIRECTORS
FROM: STEVEN ADAMS, CITY MANAGE~r ~
ROB STRONG, COMMUNITY CEV LOPMENT DIRECTOR _
SUBJECT: CONSIDERATION OF PURCHASE AGREEMENT WITH E.F.
MOORE & COMPANY FOR POPLAR STREET PONDING BASIN
PROPERTY AND IMPROVEMENTS
DATE: APRIL 23, 2002
RECOMMENDATION:
It is recommended the Redevelopment Agency Board of Directors adopt the
attached resolution approving the proposed purchase agreement with E.F. Moore
& Company for the Poplar Street Ponding Basin property, expansion and
improvements.
FUNDING:
The initial cost of the Agreement to the Redevelopment Agency is approximately
$500,000. It is proposed to fund $200,000 of these costs through a loan to the
Agency from development impact fees paid by the applicant and $300,000 from
the Water Facility Fund. These expenditures will be reimbursed by adjacent
property owners when development occurs. In addition, the estimated annual tax
increment revenue to the Agency from the Gateway Center project is
approximately $40,000. Annual maintenance costs are not projected to exceed
$1,000.
DISCUSSION:
Backaround
The applicant, E.F. Moore & Company, received Planning Commission approval
on March 5, 2002 for a Conditional Use Permit to construct the "Gateway"
commercial shopping center on a 2.8-acre portion of a 6.2-acre site on the
southeast corner of East Grand Avenue and Courtland Street and to subdivide
the property to correspond with the proposed development. The project involves
constructing three buildings totaling 24,932 square feet (18,432 of which is the
Long's Drug Store building) with 103 parking spaces, a plaza area fronting East
CITY COUNCIL
POPLAR STREET PONDING BASIN PURCHASE AGREEMENT
APRIL 23, 2002
PAGE 2
Grand Avenue with a free-standing ATM kiosk, and selling the retention basin
site (3.2 acres) located at the back of the property in fee title to the City.
A condition of the CUP is for the applicant to enter into an agreement with the
City for the Poplar Street ponding basin expansion and related drainage
improvements. The ponding basin expansion is proposed in order to serve a
broader drainage area and avoid construction of numerous individual private on-
site retention facilities.
Terms of Proposed Aqreement
Under the agreement, the developer will:
. Develop the ponding basin expansion, construct perimeter slump stone
pillar and ornamental iron fence panels on north and west, with a 6 foot
chain link existing to south and east sides;
. Hydroseed slope banks and bottom of existing and expanded basin and
plant perimeter trees and shrubs (approximately 100 of each) with
irrigation of slope bank.
. Pay $140,000 towards the cost of the ponding basin project as the
developer's share for drainage capacity for the "Gateway Center" project;
. Pay $60,000 for the purchase of fill material from the ponding basin
expansion site to be used for site preparation on the adjoining Gateway
Center project site; and
. Install inlet/pipeline improvements to accommodate potential drainage
connection to East Grand Avenue and the Town & Country (Albertson's)
Center that would enable removal of the existing private ponding basin on
the north side of East Grand Avenue.
The Agency/City will:
. Purchase the ponding basin property with improvements for $600,000
(which is below an appraised market value estimate obtained by the City
of $642,000 to $705,000);
. Pay to the developer $50,000 for the costs to install the inlet/pipeline
improvements and up to $50,000 for landscape, irrigation and perimeter
fencing improvements to the basin expansion site; and
. Assume maintenance of the ponding basin.
CITY COUNCIL
POPLAR STREET PONDING BASIN PURCHASE AGREEMENT
APRIL 23, 2002
PAGE 3
This project provides a benefit to both the Agency/City and private property
owners. The benefits to the Agency include providing a more beneficial use of
the land and more efficient storm drainage ponding capacity by consolidating
drainage into one basin rather than several. Additionally, the project will help
facilitate economic development in the area and provide an opportunity to
eliminate the street front basin at the Town & Country Center, which would serve
to beautify the area. The advantages to property owners are that it will enable
them to better utilize their property, will address drainage requirements for future
proposed projects, and will remove the need for ongoing private drainage facility
maintenance.
The AgencylCity will be reimbursed for its share of the costs of the project by
charging development projects on neighboring properties their fair share of the
drainage improvements. This will enable these property owners to meet their
drainage requirements when projects are proposed without creating private
ponding facilities.
The Agency/City costs are proposed to be financed initially through a loan from
1) miscellaneous impact fees paid by the developer (approximately $200,000);
and 2) the City's Water Facility Fund (up to $300,000).
Fundina Plan
The table below presents a summary of the funding plan.
Costs
A summary of the project costs is as follows:
Land acquisition $600,000
Earthwork $165,000
Landscaping $50,000
Inlet/pipeline improvements to eliminate Town & Country basin $50,000
Total $865,500
Funding
The following is a breakdown of the developer contribution:
Responsible for earthwork, eliminating the associated
construction costs $165,000
Contribution for Longs' project drainage $140,000
Purchase of fill material from the detention basin excavation $60.000
Subtotal $365,000
CITY COUNCIL
POPLAR STREET PONDING BASIN PURCHASE AGREEMENT
APRIL 23, 2002
PAGE 4
The AgencylCity will pay the up front remaining costs for the project as follows:
Utilize impact fee revenue from the Long's project and $200,000
reimburse the appropriate accounts when other properties
are developed
The Agency would borrow funding from the Water Facility Fund
and reimburse the Fund when other properties are developed $300,000
Subtotal $500,000
Total $865,000
Reimbursed costs will be allocated to future developments calculated primarily
upon percentage of drainage area requirements. Based on discussions with
property owners, staff is confident that the majority of costs will be reimbursed
within three years. The one portion of the planned reimbursement that provides
a level of risk is the amount allocated to the Town & Country (Albertson's) Center
since they have no current plans for additional development. Their portion of the
total cost has been determined to be approximately $250,000. However, given
the fact that the Gateway Center project is expected to increase tax increment
revenue by $40,000, the Agency will recoup these costs within five to six years
even if the Town & Country Center does not participate.
One additional concept under consideration is use of a portion of the ponding
basin for a BMX bicycle track. A number of characteristics make the property
well suited for such a facility. If interest is expressed by the City Council, staff will
develop a proposal for consideration. If approved, the City may want to consider
utilizing park development funding and/or seek outside funding participation from
grants, the City of Grover Beach and the YMCA for a portion of the overall project
cost.
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
- Adopt resolution approving the purchase Agreement;
- Amend Agreement and adopt the resolution;
- Do not adopt the resolution approving the Agreement;
- Provide staff direction.
Attachments:
1. Purchase agreement
RESOLUTION NO. RDA 02 .
A RESOLUTION OF THE ARROYO GRANDE
REDEVELOPMENT AGENCY APPROVING PURCHASE AND
SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS
WITH E.F. MOORE AND COMPANY
WHEREAS, E. F. Moore and Company, a California corporation ("Seller") has proposed
to sell certain real property (the "Real Property") to the Agency under terms and
conditions as set forth in the Purchase and Sale Agreement and Joint Escrow
Instructions in the form submitted herewith (the "Agreement"); and
WHEREAS, the Real Property is located in the project area (the "Project Area") of the
Arroyo Grande Redevelopment Project (the "Project"), and the ownership and control by
Agency of the Real Property, upon the completion of those undertakings to be
accomplished by Seller under the Agreement, will be of benefit to the Agency, the
Project Area and the City of Arroyo Grande (the "City") and will promote the
implementation of the Redevelopment Plan for the Project (the "Redevelopment Plan")
and the implementation plan promulgated pursuant thereto (the "Implementation Plan");
and
WHEREAS, the Agency has duly considered the provisions of the Agreement; and
WHEREAS, on April 23, 2002, the Agency duly considered the staff report and all other
information, testimony, and evidence presented with respect to the proposed
Agreement; and
WHEREAS, all actions required of the Agency to be taken precedent to review and
consideration of the Agreement by the Agency have been taken in accordance with
applicable law;
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Arroyo
Grande Redevelopment Agency as follows:
Section 1. The Agency finds and determines that:
A. The Agreement will effectuate the purposes of the Community
Redevelopment Law (Health & Safety Code 933000 et seq.) and the Redevelopment
Plan for the Project Area, as well as the Implementation Plan, by facilitating the
development of infrastructure improvements which will promote beneficial economic
development activities within the Project Area and increase property values;
B. The Agreement is consistent with the Implementation Plan adopted
by the Agency in accordance with Health and Safety Code Section 33490, in that the
goals and objectives set forth in the Implementation Plan include remedying obstacles
to development, including infrastructure deficiencies.
RDA Resolution No. 02-
Page 2
C. The Agency has obtained an appraisal for the Real Property, and
the price to be paid by the Agency under the Agreement does not exceed the appraised
fair market value of the Property at its highest and best use.
Section 2. The Agreement, a copy of which is on file with the Agency
Secretary/Director of Administrative Services, is hereby approved.
Section 3. The Executive Director of the Agency is authorized and directed to make
final, technical modifications to the Agreement consistent with the material provisions of
the Agreement approved hereby, and to finalize the document for signature by the
Agency Chairman, and the Chairman is thereafter authorized and directed to sign the
Agreement on behalf of the Agency.
Section 4. The Executive Director of the Agency is authorized and directed to take
such other and further actions and execute such other and further documents as may
be necessary to implement and effect the Agreement and this Resolution on behalf of
the Agency.
On motion of Board Member , seconded by Board Member , and
on the following roll-call vote, to-wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted on this day of ,
2002.
-2-
-.--
RDA Resolution No. 02.
Page 3
MICHAEL A. LADY, CHAIR
ARROYO GRANDE REDEVELOPMENT AGENCY
ATTEST:
KELLY WETMORE, SECRETARY
ARROYO GRANDE REDEVELOPMENT AGENCY
APPROVED AS TO CONTENT:
STEVEN ADAMS, EXECUTIVE DIRECTOR
ARROYO GRANDE REDEVELOPMENT AGENCY
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, AGENCY GENERAL COUNSEL
ARROYO GRANDE REDELOPMENT AGENCY
-3-
PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
SELLER: E.F. Moore and Company
BUYER: Arroyo Grande Redevelopment Agency
DATED: APRIL 23, 2002
DOCSOC\890J86v7122707.oo08
BASIC TERMS
Effective Date: The date this Agreement is approved by the Arroyo Grande
Redevelopment Agency
Seller: E. F. Moore Company, a California corporation
Seller's Address: 428 Bryant Circle, Suite 225
Ojai, California 93023
Telephone No.(805) 6403438
Buyer: Arroyo Grande Redevelopment Agency,
a public body corporate and politic
Buyer's Address: Arroyo Grande Redevelopment Agency
Attention: Steven D. Adams, Executive Director
214 E. Branch Street
Arroyo Grande, California 93421
(805) 473-5400
Fax No.: (805) 473-0386
Collateral: That property to be encumbered with the Agency Deed of Trust
hereunder
Contingency Date: Sixty (60) days after the Effective Date
Purchase Price: Six Hundred Thousand and No/IOO Dollars ($600,000.00)
Closing Date
or
Close of Escrow: October 30, 2002.
Designated Improvements Those improvements described in Exhibit H hereto.
Title Company: Chicago Title Company
1212 Marsh Street
San Luis Obispo, CA 93401
Telephone No.: (805) 543-2900
Fax No.: (805) 543-8956
Escrow Holder: Chicago Title Company
1212 Marsh Street
San Luis Obispo, CA 9340 I
Telephone No.: (805) 543-2900
Fax No.: (805) 543-
DOCSOC\890386v7122707.ooo8
PURCHASE AND SALE AGREEMENT
AND
JOINT ESCROW INSTRUCTIONS
This PURCHASE AND SALE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS ("Agreement") is made and entered into as of the Effective Date by and between
Seller and Buyer.
RECITALS
A. Seller is the fee owner of that real property located in the City of Arroyo Grande,
California, legally described on Exhibit "A" attached hereto and made a part hereof (the "Real
Property").
B. Seller has offered to sell to Buyer the Real Property described herein for the price
and subject to the terms set forth below. Buyer desires to buy nom Seller the Real Property, nee
and clear of encumbrances, as more specifically described below.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained
herein, and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Seller and Buyer agree as follows:
1. Purchase and Sale. Seller hereby agrees to sell the Real Property to Buyer, and
Buyer hereby agrees to purchase the Real Property nom Seller, on the terms and conditions set forth
in this Agreement. Seller may cause the Real Property to be sold through a limited liability
company for which the managing member is Edwin F. Moore so long as: (i) the Collateral is held in
like name, (ii) the approval of the Executive Director is first obtained, and (iii) costs, ifany,
associated with accommodating the use by Seller of a limited liability company are borne solely by
Seller. The term Real Property is defined collectively as the following:
(a) The fee interest in the Real Property;
(b) All rights, privileges, easements, licenses and interests appurtenant to the
Real Property. Such rights shall be deemed to include, without limitation, all royalties, minerals, oil
and gas rights and profits, water and water rights (whether or not appurtenant) owned by Seller; and
(c) All personal property, equipment, supplies, and fixtures owned by Seller and
located at the Real Property;
(d) All of Seller's interest under contracts, leases, and other agreements
associated with the Real Property;
(e) The "Designated Improvements" as described in Section 14 hereof, and
(1) All of Seller's interest as lessor in any lease or agreement to rent all or any
portion of the Real Property.
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DOCSOC\890386v7\22707.0008
2. Pavment of Consideration. As consideration for the sale of the Property from
Seller to Buyer, Buyer shall, at the Closing (as defined below), pay to Seller the Purchase Price for
the Property as follows:
Prior to Closing, Buyer shall deposit with Escrow Holder immediately available funds in the
amount of Six Hundred Thousand and No/lOO Dollars ($600,000.00) (the "Purchase Price") less any
amounts theretofore paid by Buyer to Seller pursuant to Section 14 hereof, together with funds
necessary to cover Buyer's closing costs described in Section 10(b), below. Buyer shall inform
Escrow Holder as to any amounts paid by Buyer to Seller outside of escrow.
3. Escrow and DeDosit.
(a) ODenine of Escrow. For the purposes of this Agreement, the escrows, for
the purchase of the Real Property (the "Purchase Escrow") and in connection with the recordation of
the Agency Deed of Trust as to the Collateral (the "Collateral Escrow") shall be deemed opened
("Opening of Escrows") on the date that Escrow Holder receives a copy of this Agreement fully
executed by Buyer and Seller. Buyer and Seller shall use their best efforts to cause the Opening of
Escrows to occur concurrently on the Effective Date. Escrow Holder shall promptly notify Buyer
and Seller in writing of the date of the Opening of Escrows. Buyer and Seller agree to execute,
deliver and be bound by any reasonable or customary supplemental escrow instructions or other
instruments reasonably required by Escrow Holder to consummate the transaction contemplated by
this Agreement; provided, however, that no such instruments shall be inconsistent or in conflict
with, amend or supersede any portion of this Agreement. If there is any conflict or inconsistency
between the terms of such instruments and the terms of this Agreement, then the terms of this
Agreement shall control. Without limiting the generality of the foregoing, no such instruments shall
extinguish any obligations imposed by this Agreement or any other agreement between Seller and
Buyer.
(b) Closine. For purposes of this Agreement, the "Closing" or "Closing Date"
shall be the date that "Close of Escrow" shall mean the recordation of the Deed (as defined below)
is recorded pursuant to applicable law in the county in which the Real Property is located. Unless
changed in writing by Buyer and Seller, the Closing shall occur on the Closing Date, October 30,
2002 (the "Closing Date") or as soon thereafter as the conditions precedent to closing are satisfied
pursuant to Section 6 of this Agreement. If the Closing has not, for any reason, occurred by the
Closing Date, then either Buyer or Seller may terminate this Agreement by delivering written notice
to the other at any time after the outside Closing Date; provided, however, that if either party is in
default under this Agreement at the time of such termination, then such termination shall not affect
the rights and remedies of the non-defaulting party against the defaulting party.
4. Seller's Deliverv ofProDertv and Formation Documents. Within ten (10) days
after the Effective Date, Seller shall deliver to Buyer the following items (collectively, the Property
Documents"):
(a) Copies of tax bills.
(b) Copies of all leases and rental agreements, if any, for residential units (the
"Leases") within the Real Property and the Collateral. If there are no leases or rental agreements for
residential units on the Real Property and the Collateral, the Seller shall confirm by initialing below,
confirming that there are no such leases or rental agreements.
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DOCSOC\890386v7\22707.0008
PURCHASE AND SALE AGREEMENT
AND
JOINT ESCROW INSTRUCTIONS
This PURCHASE AND SALE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS ("Agreement") is made and entered into as of the Effective Date by and between
Seller and Buyer.
RECITALS
A. Seller is the fee owner of that real property located in the City of Arroyo Grande,
California, legally described on Exhibit "A" attached hereto and made a part hereof (the "Real
Property").
B. Seller has offered to sell to Buyer the Real Property described herein for the price
and subject to the terms set forth below. Buyer desires to buy from Seller the Real Property, free
and clear of encumbrances, as more specifically described below.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained
herein, and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Seller and Buyer agree as follows:
1. Purchase and Sale. Seller hereby agrees to sell the Real Property to Buyer, and
Buyer hereby agrees to purchase the Real Property from Seller, on the terms and conditions set forth
in this Agreement. Seller may cause the Real Property to be sold through a limited liability
company for which the managing member is Edwin F. Moore so long as: (i) the Collateral is held in
like name, (ii) the approval of the Executive Director is first obtained, and (iii) costs, if any,
associated with accommodating the use by Seller of a limited liability company are borne solely by
Seller. The term Real Property is defined collectively as the following:
(a) The fee interest in the Real Property;
(b) All rights, privileges, easements, licenses and interests appurtenant to the
Real Property. Such rights shall be deemed to include, without limitation, all royalties, minerals, oil
and gas rights and profits, water and water rights (whether or not appurtenant) owned by Seller; and
(c) All personal property, equipment, supplies, and fixtures owned by Seller and
located at the Real Property;
(d) All of Seller's interest under contracts, leases, and other agreements
associated with the Real Property;
(e) The "Designated Improvements" as described in Section 14 hereof, and
(1) All of Seller's interest as lessor in any lease or agreement to rent all or any
portion of the Real Property.
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DOCSOC\890386v1l22707.oo08
2. Pavment of Consideration. As consideration for the sale of the Property from
Seller to Buyer, Buyer shall, at the Closing (as defined below), pay to Seller the Purchase Price for
the Property as follows:
Prior to Closing, Buyer shall deposit with Escrow Holder immediately available funds in the
amount of Six Hundred Thousand and No/100 Dollars ($600,000.00) (the "Purchase Price") less any
amounts theretofore paid by Buyer to Seller pursuant to Section 14 hereof, together with funds
necessary to cover Buyer's closing costs described in Section 10(b), below. Buyer shall inform
Escrow Holder as to any amounts paid by Buyer to Seller outside of escrow.
3. Escrow and Deposit.
(a) Openinl! of Escrow. For the purposes of this Agreement, the escrows, for
the purchase of the Real Property (the "Purchase Escrow") and in connection with the recordation of
the Agency Deed of Trust as to the Collateral (the "Collateral Escrow") shall be deemed opened
("Opening of Escrows") on the date that Escrow Holder receives a copy of this Agreement fully
executed by Buyer and Seller. Buyer and Seller shall use their best efforts to cause the Opening of
Escrows to occur on or before three (3) business days after the Effective Date. Escrow Holder shall
promptly notify Buyer and Seller in writing of the date of the Opening of Escrows. Buyer and
Seller agree to execute, deliver and be bound by any reasonable or customary supplemental escrow
instructions or other instruments reasonably required by Escrow Holder to consummate the
transaction contemplated by this Agreement; provided, however, that no such instruments shall be
inconsistent or in conflict with, amend or supersede any portion of this Agreement. If there is any
conflict or inconsistency between the terms of such instruments and the terms of this Agreement,
theri the terms of this Agreement shall control. Without limiting the generality of the foregoing, no
such instruments shall extinguish any obligations imposed by this Agreement or any other
agreement between Seller and Buyer.
(b) Closinl!. For purposes of this Agreement, the "Closing" or "Closing Date"
shall be the date that "Close of Escrow" shall mean the recordation of the Deed (as defined below)
is recorded pursuant to applicable law in the county in which the Real Property is located. Unless
changed in writing by Buyer and Seller, the Closing shall occur on the Closing Date, October 30,
2002 (the "Closing Date") or as soon thereafter as the conditions precedent to closing are satisfied
pursuant to Section 6 of this Agreement. If the Closing has not, for any reason, occurred by the
Closing Date, then either Buyer or Seller may terminate this Agreement by delivering written notice
to the other at any time after the outside Closing Date; provided, however, that if either party is in
default under this Agreement at the time of such termination, then such termination shall not affect
the rights and remedies of the non-defaulting party against the defaulting party.
4. Seller's Deliverv of Proper tv and Formation Documents. Within ten (10) days
after the Effective Date, Seller shall deliver to Buyer the following items (collectively, the Property
Documents"):
(a) Copies of tax bills.
(b) Copies of all leases and rental agreements, if any, for residential units (the
"Leases") within the Real Property and the Collateral. If there are no leases or rental agreements for
residential units on the Real Property and the Collateral, the Seller shall confirm by initialing below,
confirming that there are no such leases or rental agreements.
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DOCSOCI890386v7\22707.0008
I
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Seller initials (confirming absence ofleases or rental agreements)
(c) Such proof of Seller's authority and authorization to enter into this
Agreement and to consummate this transaction as may be reasonably requested by Buyer and the
Title Company.
5. Buver's Rieht of Entrv. From and after the Opening of Escrow through the earlier
to occur of the termination of this Agreement or the Closing, Buyer and Buyer's employees, agents,
consultants and contractors shall have the right to enter upon the Property during normal business
hours, provided reasonable prior notice has been given to Seller; Seller will coordinate access with
any occupants of the Property.
6. Buver's Conditions Precedent to Purchase and Termination Rieht.
(a) Conditions Precedent to Purchase. The Closing and Buyer's obligation to
consummate the transaction contemplated by this Agreement are subject to the timely satisfaction or
written waiver of the following conditions precedent (collectively, "Buyer's Contingencies"), which
are for Buyer's benefit only.
(i) Designated Improvements. The Seller shall have completed the
Designated Improvements, as determined in good faith by the Executive Director of the Arroyo
Grande Redevelopment Agency (the "Executive Director").
(ii) Title Review. Within seven (7) calendar days after the Opening9f
Escrows, Seller shall: A) cause the Title Company to deliver to Buyer as to the Real Property a
preliminary title report (the "Owner's Report") describing the title to the Real Property, together
with copies of the plotted easements and the exceptions (the "Exceptions") set forth in the Owner's
Report, and B) a preliminary title report (the "Lender's Report") as to the Collateral, together with
copies of the Exceptions set forth in the Lender's Report. Seller acknowledges that the Owner's
Report and the Lender's Report shall include an endorsement against the effect of any mechanics' or
materialmen's liens; Seller will provide such indemnity or other assurances as necessary to induce
the Title Company to provide such endorsement. On or before the Contingency Date, Buyer shall
have approved in writing, in Buyer's sole discretion, any matters of title disclosed by the following
(collectively, the "Title Documents"): (i) the Report; (ii) the Exceptions affecting the Real Property;
(iii) the legal description of the Real Property and (iv) any survey Buyer desires to obtain at Buyer's
sole cost and expense. Buyer shall have the same rights to approve or disapprove any exceptions to
title that are not created by Buyer and that come into existence after issuance of the Owner's Report
but prior to Closing. Seller shall, on or before the Closing, remove all deeds of trust, mortgages and
delinquent taxes (but not the lien for any real property taxes or assessments not yet delinquent).
(iii) Buver's Ownership Title Policy. On or before the Closing, the Title
Company shall, upon payment (by Buyer) of the Title Company's premium, have agreed to issue to
Buyer, a CLTA owner's policy of title insurance ("Buyer's Ownership Policy") in the amount of the
Purchase Price showing fee title to the Real Property vested solely in Buyer and subject only to the
(i) the standard, preprinted exceptions to Buyer's Ownership Policy; (ii) liens to secure payment of
real estate taxes or assessments not yet delinquent; (iii) matters affecting the Property created by or
with the written consent of Buyer; and (iv) those matters specifically approved in writing by Buyer.
Buyer shall have the right, at its sole cost and expense, to obtain coverage beyond that offered by a
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DOCSOCI890386v1\i.2707.0008
CL T A policy; provided, however, that Buyer's ability to obtain such extended coverage shall not be
a Buyer's Contingency and Buyer's obligations hereunder shall in no way be conditioned or
contingent upon obtaining such extended coverage. Buyer shall have sole responsibility for
obtaining, and bearing the cost of, any endorsements and for any surveyor other matters required by
the Title Company for such extended coverage.
(iv) Phvsical and Legal Inspections and Studies. On or before the
Contingency Date, Buyer shall have approved in writing, in Buyer's reasonable discretion, the
results of any physical and legal (but not feasibility or economic) inspections, investigations, tests
and studies Buyer elects to make or obtain, including, but not limited to, investigations with regard
to zoning, building codes and other governmental regulations; engineering tests; soils, seismic and
geologic reports; environmental audits, inspections and studies; environmental investigation or other
invasive or subsurface testing; and any other physical or legal inspections and/or investigations as
Buyer may elect to make or obtain.
(v) Agencv Note and Agencv Deed of Trust. Seller shall have delivered
to loan escrow (as described in Exhibit F hereto) and shall have caused to be delivered to Agency
the Agency Note and the Agency Deed of Trust, with the latter duly recorded and conforming to the
"Loan to Value Test" as defined herein.
(vi) Natural Hazard Disclosure Statement. Seller shall deliver to Buyer a
Natural Hazard Disclosure Statement pursuant to AB 1195 for the Real Property on or before the
Contingency Date.
(vii) Property and Formation Documents. On or before the Contingency
Date, Buyer shall have approved in writing, in Buyer's reasonable discretion, the terms, conditions
and status of all of the Property Documents.
(viii) Special Disbursements bv Seller. Seller shall have disbursed to
Buyer: (A) the sum of One Hundred Forty Thousand Dollars ($140,000.00), representing Seller's
share of participation in the cost of certain drainage facilities, and (B) the sum of Sixty Thousand
Dollars ($60,000.00), representing the right of Seller to remove dirt from the Real Property, in an
amount to be confirmed by the Executive Director, prior to conveyance of the Real Property to the
Buyer.
(ix) Deliverv of Documents. Seller's delivery of all documents described
in Section 8, below.
(x) Representations and Warranties. All representations and warranties
of Seller contained in this Agreement shall be materially true and correct as of the date made and as
of the Closing.
(xi) No Default. As of the Closing, Seller shall not be in default in the
performance of any material covenant or agreement to be performed by Seller under this
Agreement.
(b) Termination Rieht. Should any of Buyer's Contingencies not be met,
Buyer may, by written notice to Seller, terminate this Agreement or, at Buyer's election, Buyer may
terminate the escrow and pursue its remedies under the Agency Note and the Agency Deed of Trust.
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If this Agreement is so tenninated, then (except to the extent expressly allocated to one party hereto
by this Agreement) any escrow, title or other cancellation fees shall be paid by Buyer, unless Seller
is in default hereunder, in which case Seller shall pay all such fees. If Buyer has neither tenninated
this Agreement in writing ("Tennination Notice") on or before 5:00 p.m. on the Contingency Date
as to the items set forth in Sections 6(a)(i)-(vi) inclusive, nor provided a written satisfaction or
waiver notice to Seller of each Buyer's Contingency to be satisfied as of the Contingency Date, then
all such Buyer's Contingencies shall be deemed to have been satisfied and this Agreement shall
continue pursuant to its tenns.
(c) Seller's Cure Riehl. Buyer shall notify Seller, in Buyer's Tennination
Notice, of Buyer's disapproval or conditional approval of any Title Documents. Seller shall then
have the right, but not the obligation, to (i) remove trom title any disapproved or conditionally
approved Exception(s) (or cure such other title matters that are the basis of Buyer's disapproval or
conditional approval ofthe Title Documents) within five (5) business days after Seller's receipt of
Buyer's Tennination Notice, or (ii) provide assurances reasonably satisfactory to Buyer that such
Exception(s) will be removed (or other matters cured) on or before the Closing. With respect to any
such Exception, it shall be sufficient for purposes hereof for Seller to commit in writing, within the
applicable period, to remove such Exception at or before the Closing. Seller's failure to remove
such Exception after committing to do so shall be a default hereunder. An Exception shall be
deemed removed or cured if Seller furnishes Buyer with evidence that the Title Company will issue
the Buyer's Title Policy, as defined herein, at the Closing deleting such Exception or providing an
endorsement (at Seller's expense) reasonably satisfactory to Buyer concerning such Exception. If
Seller cannot or does not remove or agree to remove any of the disapproved Exception(s) (or cure
other matters) within such five (5) business day period, Buyer shall have three (3) business days
after the expiration of such five (5) business day period to give Seller written notice that Buyer
elects to proceed with the purchase of the Property subject to the disapproved Title Document(s), it
being understood that Buyer shall have no further recourse against Seller for such disapproved Title
Exception (s). If Buyer does not give such notice within such three (3) business day period, then
Buyer shall be deemed to have elected not to proceed with the purchase of the Property, and this
Agreement shall be deemed tenninated.
7. Process for Collateral. The process for recordation of the Agency Deed of Trust is
set forth in Exhibit F hereto, the "Loan Escrow Provisions".
8. Seller's Deliveries to Escrow Holder.
(a) Seller's Delivered Documents. At least three (3) business days prior to the
Closing Date, Seller shall deposit or cause to be deposited with Escrow Holder the following items,
duly executed and, where appropriate, acknowledged ("Seller's Delivered Items"):
(i) Deed. The Grant Deed in the fonn attached hereto as Exhibit B (the
"Deed").
(ii) FIRPTAffax Exemption Fonns. The Transferor's Certification of
Non-Foreign Status in the fonn attached hereto as Exhibit C (the "FIRPTA Certificate"), together
with any necessary tax withholding fonns.
(iii) Possession ofPropertv. Possession of the Real Property, subject
only to the Pennitted Exceptions.
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OOCSOCI890386v7\22707.0008
(iv) Authority. Such proof of Sellers' authority and authorization to
enter into this Agreement and to consummate this transaction as may be reasonably requested by
Buyer and the Title Company.
(v) Further Documents or Items. Any other documents or items
reasonably required to close the transaction contemplated by this Agreement as determined by the
Title Company.
(b) Failure to Deliver. Should any of Seller's Delivered Items not be timely
delivered to Escrow, Buyer may, by written notice to Seller, terminate this Agreement; provided,
however, that Buyer may (but shall not be obligated to) in such notice provide Seller with five (5)
business days to deliver all of Seller's Delivered Items. If Buyer's notice provides Seller such five
(5) business days to deliver Seller's Delivered Items, and if Seller's Delivered Items are not
delivered within such period, then escrow shall automatically terminate without further action or
notice and Agency may pursue its remedies under the Agency Note and the Agency Deed of Trust.
In the event of any such termination, any cash deposited by Buyer shall immediately be returned to
Buyer. If this Agreement is so terminated, then any escrow, title or other cancellation fees shall be
paid by Seller, or if Buyer is also in default, then such fees shall be borne one-half (\I,) by Buyer and
one-half (\I,) by Seller. Under no circumstances shall Buyer have any responsibility to or duty to
pay consultants or real estate brokers retained by Seller, Seller being solely responsible in
connection with any such contractual arrangements of Seller.
9. Buver's Deliveries to Escrow.
(a) Buver's Delivered Items. At least one (1) business day prior to the Closing
Date, Buyer shall deposit or cause to be deposited with Escrow Holder the following, each duly
executed and acknowledged, by Buyer as appropriate ("Buyer's Delivered Items"):
(i) Funds. The Purchase Price, together with additional funds necessary
to pay Buyer's closing costs set forth in Section IO(b) herein.
(ii) Change of Ownership Report. One (I) original Preliminary Change
of Ownership Report.
(iii) Certificate of Acceptance. One (1) original Certificate of
Acceptance executed by Buyer to be attached to the Deed.
(iv) Final Escrow Instructions. Buyer's final written escrow instructions
to close escrow in accordance with the terms of this Agreement.
(v) Authority. Such proof of Buyer's authority and authorization to
enter into this Agreement and to consummate the transaction contemplated hereby as may be
reasonably requested by Seller or the Title Company.
(vi) Further Documents or Items. Any other documents or items
reasonably required to close the transaction contemplated by this Agreement as determined by the
Title Company.
(b) Failure to Deliver. Should any of Buyer's Delivered Items not be timely
delivered to Escrow, Seller may, by written notice to Buyer, terminate this Agreement; provided,
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OOCSOC\890386v7\22707.0008
however, that Seller may (but shall not be obligated to) in such notice provide Buyer with five (5)
business days to deliver all of Buyer's Delivered Items. If Seller's notice provides Buyer such five
(5) business days to deliver Buyer's Delivered Items, and if Buyer's Delivered Items are not
delivered within such period, then the Purchase Escrow shall automatically tenninate without
further action or notice. If the Purchase Escrow is so tenninated, then any escrow, title or other
cancellation fees shall be paid by Buyer or if Seller is also in default, then such fees shall be borne
one-half (V>) by Buyer and one-half (V>) by Seller and any cash deposited by Buyer shall
immediately be returned to Buyer.
10. Costs and Expenses.
(a) Seller's Costs. If the transaction contemplated by this Agreement is
consummated, then Seller shall bear the following costs: (i) Seller's share of prorations, (ii) the
Buyer's Title Policy, and (iii) one-half the cost of each of the following: (1) document recording
fees; if any, (2) documentary transfer tax, if any; and (3) Escrow Holder's fee (which foregoing
items collectively constitute "Seller's Costs"). If the transaction contemplated by this Agreement is
not consummated, Seller shall bear the cost of those items which are allocated to Seller herein
("Seller's Costs").
(b) Buver's Costs. If the transaction contemplated by this Agreement is
consummated, then Buyer shall bear the following costs and expenses: (i) one half of (I) document
recording fees, if any, (2) documentary transfer tax, if any, (3) Escrow Holder's fee; and (ii) Buyer's
share of prorations (collectively, "Buyer's Costs").
(c) Generallv. Buyer and Seller shall evenly share Escrow Holder's customary
charges for document drafting, recording and miscellaneous charges. If, through no fault of either
Buyer or Seller, the Purchase Escrow fails to close, the parties shall evenly share Escrow Holder's
fees and charges; however, if the transaction fails to close as the result of the default of either party,
then such defaulting party shall bear all Escrow Holder's fees and expenses. Each party shall bear
the costs of its own attorneys, consultants and real estate brokers in connection with the negotiation
and preparation ofthis Agreement and the consummation of the transaction contemplated hereby.
The items provided in this Section are hereinafter referred to as "General Expenses".
11. Prorations. All revenues (if any) and expenses relating to the Property (including,
but not limited to, property taxes, utility costs and expenses, water charges and sewer rents and
refuse collection charges) shall be prorated as of the Closing Date. Not less than five (5) business
days prior to the Closing, Seller shall deliver to Buyer a tentative schedule of prorations for Buyer's
approval (the "Proration and Expense Schedule"). If any prorations made under this Section shall
require final adjustment after the Closing, then the parties shall make the appropriate adjustments
promptly when accurate infonnation becomes available and either party hereto shall be entitled to
an adjustment to correct the same. Any corrected or adjustment proration shall be paid promptly in
cash to the party entitled thereto.
12. Closin!! Procedure. When the Title Company is ready to issue the Buyer's Title
Policy and all required documents and funds have been deposited with Escrow Holder, Escrow
Holder shall immediately close the Purchase Escrow in the manner and order provided below.
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DOCSOC\890386v7\22707.oo08
(a) Recordinl!, Escrow Holder shall cause the Deed to be recorded pursuant to
applicable law in the county in which the Property is located and obtain confonned copies thereof
for distribution to Buyer and Seller.
(b) Disburse Funds. Escrow Holder shall debit or credit (as provided herein)
all Buyer's Costs, Seller's Costs and General Expenses and prorate matters as provided herein.
(c) Documents to Seller. Escrow Holder shall deliver to Seller the Agency
Deed of Trust, the Agency Note and a confonned copy of the Deed; and each other document (or
copies thereof) deposited into Escrow by Buyer pursuant hereto.
(d) Documents to Buver. Escrow Holder shall deliver to Buyer the original
FIRPT A Certificate, a confonned copy of the Deed, the Report, and each other document (or copies
thereof) deposited into Escrow by Seller pursuant hereto, including, without limitation, those
documents referenced in Section 8.
(e) Title Companv. Escrow Holder shall cause the Title Company to issue the
Buyer's Title Policy to Buyer.
(f) Closinl! Statement. Escrow Holder shall forward to both Buyer and Seller a
separate accounting of all funds received and disbursed for each party.
(g) Informational Reports. Escrow Holder shall file any infonnation reports
required by Internal Revenue Code Section 6045( e), as amended.
(h) Possession. Possession of the Property shall be delivered to Buyer at the
Close of Escrow.
13. Representations and Warranties.
(a) Seller's Representations and Warranties. In consideration of Buyer
entering into this Agreement and as an inducement to Buyer to purchase the Property, Seller makes
the following representations and warranties as of the Effective Date and as of the Closing, each of
which is material and is being relied upon by Buyer (and the truth and accuracy of which shall
constitute a condition precedent to Buyer's obligations hereunder), and all of which shall survive
Close of Escrow:
(i). Seller has the legal power, right and authority to enter into this
Agreement and the instruments referenced herein, and to consummate the transaction contemplated
hereby, including without limitation the execution of the Agency Deed of Trust and the conveyance
of the Real Property.
(ii) All requisite action (corporate, trust, partnership or otherwise) has
been taken by Seller in connection with entering into this Agreement and the instruments referenced
herein; and, by the Closing, all such necessary action will have been taken to authorize the
consummation of the transaction contemplated hereby. By the Closing no additional consent of any
individual, director, manager, shareholder, partner, member, trustee, trustor, beneficiary, creditor,
investor, judicial or administrative body, governmental authority or other party shall be required for
Buyer to consummate the transaction contemplated by this Agreement.
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(iii) The individuals executing this Agreement and the instruments
referenced herein on behalf of Seller have the legal power, right and actual authority to bind Seller
to the terms and conditions hereof and thereof.
(iv) Neither the execution or delivery of this Agreement or the
documents or instruments referenced herein, nor incurring the obligations set forth herein, nor the
consummation of the transaction contemplated herein, nor compliance with the terms of this
Agreement or the documents or instruments referenced herein or therein conflict with or result in the
material breach of any terms, conditions or provisions of, or constitute a default under, any bond,
note or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan,
lease or other agreement or instrument to which Seller is a party or that affect the Property,
including, but not limited to, any of the Title Documents or the Property Documents.
(v) There is no pending litigation nor, to the best of Seller's knowledge,
threatened litigation, which does or will adversely affect the Real Property.
(vi) There are no actions or proceedings pending or, to the best of
Seller's knowledge, threatened against Seller, before any court or administrative agent in any way
connected with or relating to the Real Property, or affecting Seller's ability to fulfill all of its
obligations under this Agreement.
(vii) Seller has made no written or oral commitments to or agreements
with any governmental authority or agency materially and adversely affecting the Real Property, or
any part hereof, or any interest therein, which will survive the Close of Escrow. Seller has entered
into no understanding or agreement with any taxing or assessing authority respecting the imposition
or deferment of any taxes or assignments respecting the Real Property.
(viii) To the best of Seller's knowledge, Seller is not in default of its
obligations under any contract, agreement or instrument to which Seller is a party pertaining to the
Real Property. To the best of the Seller's knowledge, no document supplied to Buyer by Seller
contains any untrue statement of a material fact, and no document omits any facts that would be
necessary, in the circumstances, to make the document supplied not misleading.
(ix) There are no mechanics', materialmen's or similar claims or liens
presently claimed or which will be claimed against the Real Property for work performed or
commenced for Seller or on Seller's behalf prior to the date of this Agreement. Seller agrees to hold
Buyer harmless from all costs, expenses, liabilities, losses, charges, and fees, including attorney
fees, arising from or relating to any such lien or any similar lien claims against the Real Property
and arising from work performed or commenced for Seller or on Seller's behalf prior to Close of
Escrow.
(x) There are no undisclosed contracts, licenses, commitments,
undertakings or other written or oral agreements for services, supplies or materials concerning the
use, operation, maintenance, or management of the Real Property that will be binding upon Buyer or
the Real Property after the Close of Escrow. There are no oral contracts or other oral agreements for
services, supplies or materials, affecting the use, operation, maintenance or management of the Real
Property.
9
DOCSOC\890386v7\22707.0008
(xi) There are not as ofthe Effective Date of this Agreement, nor will
there be as of the Close of Escrow, any written or oral leases or contractual right or option to lease,
purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Real Property
or any part thereof, and no person other than Buyer shall have any right of possession to the Real
Property or any part thereof as of the Close of Escrow, excepting pursuant to a rental agreement
delivered to the Agency at or prior to the execution of this Agreement.
(xii) No person, excepting Seller, has possession or any rights to
possession of the Real Property or portion thereof.
(b) Subsequent Chanl!es to Seller's Representations and Warranties. If,
prior to the Closing, Buyer or Seller should learn, discover or become aware of any existing or new
item, fact or circumstance which renders a representation or warranty of Seller set forth herein
incorrect or untrue in any respect (collectively, the "Seller Representation Matter"), then the party
who has learned, discovered or become aware of such Representation Matter shall promptly give
written notice thereof to the other party and Seller's representations and warranties shall be
automatically limited to account for the Representation Matter. Buyer shall have the right to
approve or disapprove any such change and to tenninate this Agreement by written notice to Seller
if Buyer reasonably disapproves any such change. If Buyer does not elect to tenninate this
Agreement, Seller's representation shall be qualified by such Seller Representation Matter and
Seller shall have no obligation to Buyer for such Seller Representation Matter.
(c) Buver's Representations and Warranties. In consideration of Seller
entering into this Agreement and as an inducement to Seller to sell the Property, Buyer makes the
. following representations and warranties as of the date hereof and at and as of the Closing, each of
which is material and is being relied upon by Seller (and the truth and accuracy of which shall
constitute a condition precedent to Seller's obligations hereunder), and all of which shall survive
Close of Escrow:
(i) Buyer has the legal power, right and authority to enter into this
Agreement and the instruments referenced herein, and to consummate the transaction contemplated
hereby.
(ii) All requisite governmental action has been taken by Buyer in
connection with entering into this Agreement and the instruments referenced herein; and, by the
Closing, all such necessary action will have been taken to authorize the consummation of the
transaction contemplated hereby. By the Closing no additional consent of any individual, judicial or
administrative body, governmental authority or other party shall be required for Seller to
consummate the transaction contemplated by this Agreement.
(iii) The individuals executing this Agreement and the instruments
referenced herein on behalf of Buyer have the legal power, right and actual authority to bind Buyer
to the tenns and conditions hereof and thereof.
(iv) Neither the execution and delivery of this Agreement and the
documents and instruments referenced herein, nor incurring the obligations set forth herein, nor the
consummation .ofthe transaction contemplated herein, nor compliance with the tenns of this
Agreement and the documents and instruments referenced herein conflict with or result in the
material breach of any tenns, conditions or provisions of, or constitute a default under, any bond,
10
DOCSOC\890386v7\22707.ooo8
note or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan,
partnership agreement, lease or other agreement or instrument to which Buyer is a party or by which
any of Buyer's properties are bound.
(d) Subseauent Chanl!es to Buver's Representations and Warranties. If,
prior to the Closing, Seller or Buyer should learn, discover or become aware of any existing or new
item, fact or circumstance which renders a representation or warranty of Buyer set forth herein
incorrect or untrue in any respect (collectively, the "Buyer's Representation Matter"), then the party
who has learned, discovered or become aware of such Buyer's Representation Matter shall promptly
give written notice thereof to the other party and Buyer's representations and warranties shall be
automatically limited to account for the Buyer's Representation Matter. Seller shall have the right
to approve or disapprove any such change and to terminate this Agreement by written notice to
Buyer if Seller reasonably disapproves any such change. If Seller does not elect to terminate this
Agreement, Buyer's representation shall be qualified by such Buyer's Representation Matter and
Buyer shall have no obligation to Seller for such Buyer's Representation Matter.
14. Desil!nated Improvements. As a material inducement for Buyer to enter this
Agreement and but for which Buyer would not have entered into this Agreement, Buyer has agreed
to and represents and warrants that it shall commence construction ofthe "Designated
Improvements" as described in Exhibit H hereto on or before July 30, 2002 and that it shall
complete construction of the Designated Improvements on or before October 30,2002. Once
construction of the Designated Improvements has commenced, Seller shall diligently prosecute to
completion such construction. All construction shall be accomplished in compliance with all
applicable laws and regulations including payment of prevailing wages. All costs of construction
shall be borne by the Seller. Seller shall at its cost obtain any consent by property owners necessary
for the construction of the Designated Improvements. All improvements under this Agreement,
including the Designated Improvements, shall be of a first class quality and conform to all code
requirements.
15. Disbursements Outside Escrow. Within three (3) business days following the
recordation of the Agency Deed of Trust in conformity with Exhibit F hereto, and subject to the
prior satisfaction of the Advance Conditions the Agency shall disburse to the Seller, as a loan, the
sum of Six Hundred Thousand Dollars ($600,000.00)(the "Loan Amount"). The terms of such loan
are described in the Agency Note. In addition, commencing thirty (30) days after the later to occur
of the Effective Date or the commencement of construction of the Designated Improvements, and
provided that: (i) the Seller has commenced and is diligently prosecuting to completion the
construction of the Designated Improvements, and (ii) the Seller is not in default under this
Purchase Agreement, then Buyer will disburse to Seller the sum of One Hundred Thousand Dollars
($100,000.00)(the "Deferred Purchase Supplement") within five (5) business days following
completion of the Designated Improvements as determined by the Executive Director. Prior to the
disbursement of any moneys by Buyer under this Purchase Agreement, Buyer shall satisfy the
"Advance Conditions" as defined in Exhibit F hereto and Seller shall execute and deliver to Buyer
the Agency Note and shall execute the Agency Deed of Trust and cause it to be recorded as to the
Collateral as provided in Exhibit E hereto.
16. Insurance and Indemnification. Seller shall defend (by counsel satisfactory to
Buyer), indemnify and save and hold harmless Buyer and the City of Arroyo Grande (the "City")
and their officers, contractors, agents and employees (collectively, the "Indemnitees") from and
against all claims, damages, demands, actions, losses, liabilities, costs and expenses (including,
II
DOCSOC\890386v6\22707.oo08
without limitation, attorneys' fees and court costs) arising from or relating to: (i) this Purchase
Agreement (including without limitation Section 14 hereof); (ii) a claim, demand or cause of action
that any person has or asserts against Seller; or (iii) any act or omission of Seller, any contractor,
subcontractor or material supplier, engineer, architect or other person with respect to the Real
Property and/or the Designated Improvements. Seller's obligations under this Section 16 shall
survive the completion of the Designated Improvements and termination of this Agreement.
The Seller shall reimburse the Agency immediately upon written demand for all costs
incurred by the Buyer (including the reasonable fees and expenses of attorneys, accountants,
appraisers and other consultants, whether the same are independent contractors or employees of
Buyer) in connection with the enforcement of this Agreement and all related matters including the
following: (a) the Agency's commencement of, appearance in, or defense of any action or
proceeding purporting to affect the rights or obligations of the parties to this Agreement, and (b) all
claims, demands, causes of action, liabilities, losses, commissions and other costs against which the
Buyer is indemnified under this Agreement (including claims in respect to the Designated
Improvements). Such reimbursement obligations shall bear interest from the date occurring ten (10)
days after the Buyer gives written demand to the Seller at a rate equal to the lesser of: (i) ten percent
(10%) per annum or (ii) the highest interest rate that may lawfully be charged by the Buyer.
The Seller shall indemnify the Buyer from any real estate commissions or brokerage fees
which may arise from this Agreement or the Real Property. The Seller represents that it has
engaged no broker, agent, or finder in connection with this transaction, and the Seller agrees to hold
the Buyer harmless from any claim by any broker, agent or finder in connection with this Purchase
Agreement, the activities by the Seller, the Collateral or the Real Property.
Commencing as of Effective Date and continuing until the second anniversary of the
completion of the Designated Improvements, Seller shall maintain or cause to be maintained at
Seller's sole expense, with insurers reasonably approved by Buyer, the following policies of
insurance in form and substance reasonably satisfactory to Buyer:
(a) workers' compensation insurance and any other insurance required by law in
connection with the Designated Improvements or other work performed on the Real Property or
adjacent property (to be in effect only while such work is being performed);
(b) upon commencement of construction of the Designated Improvements and at
all times prior to completion of the Designated Improvements, builder's risk-all risk insurance
covering 100% of the replacement cost of all of the Designated Improvements (including offsite and
the materials) during the course of construction in the event of fire, lightning, windstorm,
vandalism, earthquake, malicious mischief and all other risks normally covered by "all risk"
coverage policies in the area where the Designated Improvements are located (including loss by
flood if the Designated Improvements are in an area designated as subject to the danger of flood);
(c) public liability insurance in amounts reasonably required by the Executive
Director from time to time, and in no event less than $2,000,000 for "single occurrence;"
(d) property damage insurance in amounts reasonably required by the Executive
Director from time to time, and in no event less than $2,000,000; and
12
DOCSOC\890386v6\22707.0008
(e) all other insurance reasonably required by the Executive Director from time
to time.
All such insurance shall provide that it may not be canceled or materially modified without
30 days prior written notice to Buyer. The policies required under subparagraphs (b) and (c) shall
include a "lender's loss payable endorsement" (Form 438BFU) in form and substance satisfactory to
Buyer, showing Buyer as an additional insured and loss payee. Buyer shall be an additional insured
in the policies required under the preceding subparagraphs (c) and (d). No such insurance shall
include deductible amounts to which Buyer has not previously consented in writing. Certificates of
insurance for the above policies (and/or original policies, if required by Buyer) shall be delivered to
Buyer from time to time within 10 days after demand therefor. All policies insuring against damage
to the Designated Improvements shall contain an agreed value clause sufficient to eliminate any risk
of co-insurance. No less than thirty (30) days prior to the expiration of each policy, Seller shall
deliver to Buyer evidence of renewal or replacement of such policy reasonably satisfactory to the
Executive Director.
Coverage provided hereunder by Seller shall be primary insurance and not be contributing
with any insurance maintained by Buyer or City, and the policy shall contain such an endorsement.
The insurance policy or the endorsement shall contain a waiver of subrogation for the benefit of the
City and Buyer. None of the above-described policies shall require Seller to meet a deductible or
self-insured retention amount of more than Five Thousand Dollars ($5,000.00) unless approved in
writing by the Executive Director. All policies shall be written by good and solvent insurers
qualified to do business in California and shall have a policyholder's rating of A or better in the
most recent edition of "Best's Key Rating Guide -- Property and Casualty." The required certificate
shall be furnished by Seller within seven (7) days after the Effective Date.
Seller hereby waives all rights to recover against Agency (or any officer, employee, agent or
representative of Buyer) for any loss incurred by Seller from any cause insured against or required
by any plans approved by City to be insured against; provided, however, that this waiver of
subrogation shall not be effective with respect to any insurance policy if the coverage thereunder
would be materially reduced or impaired as a result. . Seller shall use its best efforts to obtain only
policies which permit the foregoing waiver of subrogation.
17. Earlv Entrv. In the event it is necessary for Seller to have access to property of the
Buyer or the City in connection with the undertaking by Seller of the Designated Improvements, the
Seller shall execute with City and Buyer an Early Entry Agreement substantially in the form of
Exhibit G hereto.
18. General Provisions.
(a) Condemnation. If any material portion of the Real Property shall be taken
or appropriated by a public or quasi public authority exercising the power of eminent domain, Buyer
shall have the right, at its option, to (i) terminate this Agreement or (ii) proceed with the purchase of
the Real Property and receive all of the award or payment made in connection with such taking.
(b) Notices. All notices, demands, requests or other communications required
or permitted hereunder (collectively, "Notices") shall be in writing, shall be addressed to the
receiving party as provided in the Basic Term section above, and shall be personally delivered, sent
by overnight mail (Federal Express or another carrier that provides receipts for all deliveries), sent
13
OOCSOC\890J86v7\22707.oo08
by certified mail, postage prepaid, return receipt requested, or sent by facsimile transmission
(provided that a successful transmission report is received). All Notices shall be effective upon
receipt at the appropriate address. Notice of change of address shall be given by written notice in
the manner detailed in this Section. Rejection or other refusal to accept or the inability to deliver
because of changed address of which no Notice in accordance with this Section was given shall be
deemed to constitute receipt of such Notice. The providing of copies of Notices to the parties'
respective counsels is for information only, is not required for valid Notice and does not alone
constitute Notice hereunder.
(c) Brokers. Seller assumes sole responsibility for any consultants or brokers
("Seller's Agents") it may have retained in connection with the sale of the Property (and Agency
shall have no responsibility in connection with such matters). Buyer and Seller each represent to the
other that, except for Seller's Agents (as to whom Seller shall solely be responsible), no brokerage
commission, finder's fee or other compensation of any kind is due or owing to any person or entity
in connection with this Agreement. Each party agrees to and does hereby indemnify and hold the
other free and harmless from and against any and all costs, liabilities or causes of action or
proceedings which may be instituted by any broker, agent or finder, licensed or otherwise, claiming
through, under or by reason of the conduct of the indemnifying party in connection with this
Agreement. Seller may direct the Escrow Agent to make payment to Seller's Agents in amounts to
be determined from moneys payable to Seller in escrow.
(d) Cooperation. Buyer and Seller agree to execute such instruments and
documents and to diligently undertake such actions as may be required in order to consummate the
purchase and sale herein contemplated and shall use all reasonable efforts to accomplish the Closing
in accordance with the provisions hereof. . \
(e) Attornev's Fees. In the event any declaratory or other legal or equitable
action is instituted between Seller, Agency and/or Escrow Agent in connection with this Agreement,
then as between Agency and Seller the prevailing party shall be entitled to recover from the losing
party all of its costs and expenses including court costs and reasonable attorney's fees, and all fees,
costs and expenses incurred on any appeal or in collection of any judgment.
(1) Time. Time is of the essence of every provision herein contained. In the
computation of any period of time provided for in this Agreement or by law, the day of the act or
event from which said period of time runs shall be excluded, and the last day of such period shall be
included, unless it is a Saturday, Sunday, or legal holiday, in which case the period shall be deemed
to run until 5:00 p.m. of the next day that is not a Saturday, Sunday, or legal holiday. Except as
otherwise expressly provided herein, all time periods expiring on a specified date or period herein
shall be deemed to expire at 5:00 p.m. on such specified date or period.
(g) Counterparts: Facsimile Silmatures. This Agreement may be executed in
multiple counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute but one and the same instrument. A facsimile signature shall be deemed an original
signature.
(h) Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convetrience of the parties hereto, are not a part ofthis Agreement,
and shall not be used for the interpretation or determination of the validity of this Agreement or any
provision hereof.
14
DOCSOC\890386v7\22707.0008
(i) No Obli!!ations to Third Parties: No Third Party Beneficiaries Exceot
for City. Except as otherwise expressly provided herein, the execution and delivery ofthis
Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties to this
Agreement to, any person or entity other than the parties hereto. Except for the City, which shall be
a third party beneficiary of this Agreement, there shall be no third party beneficiaries of this
Agreement.
(j) Amendment to this A!!reement. The tenns of this Agreement may not be
modified or amended except by an instrument in writing executed by each ofthe parties hereto.
(k) Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
(I) Aoolicable Law. This Agreement shall be governed by and construed in
accordance with the local law of the State of California.
(m) Exhibits and Schedules. The exhibits and schedules attached hereto are
incorporated herein by this reference for all purposes.
(n) Entire A!!reement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between, and
the final expression of, Buyer and Seller with respect to the subject matter hereof. The parties
hereto expressly agree and confinn that this Agreement is executed without reliance on any oral or
written statements, representations or promises of any kind which are not expressly contained in this
Agreement. No subsequent agreement, representation or promise made by either party hereto, or by
or to an employee, officer, agent or representative of either party hereto shall be of any effect unless
it is in writing and executed by the party to be bound thereby.
(0) Successors and Assi!!ns. This Agreement shall be binding upon and shall
inure to the benefit of the pennitted successors and assigns of the parties hereto.
(p) Assi!!nment. This Agreement may not be assigned without the prior written
consent of the other party hereto, which consent shall not unreasonably be withheld.
(q) Nondiscrimination. There shall be no discrimination against, or
segregation of, any person or group of persons on account of race, color, creed, sex, marital status,
national origin, religion or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or
enjoyment of the Property, nor shall the grantee itself or any person claiming under or through it,
establish or pennit any such practice or practices of discrimination or segregation with reference to
the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or
vendees of the Property.
15
DOCSOCI890386v7\22707.0008
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first written above.
"SELLER"
E.F. MOORE COMPANY
a California corporation
By:
Name:
Its:
By:
Name:
Its:
"BUYER"
ARROYO GRANDE REDEVELOPMENT
AGENCY,
a public body co~orate and politic
By:
Its: Executive Director
ATTEST:
Agency Secretary
APPROVED AS TO FORM:
Stradling Y occa Carlson & Rauth,
Agency Special Counsel
16
DOCSOC\890386v7\22707.0008
Acceptance by Escrow Holder:
Chicago Title Company hereby acknowledges that it has received a fully executed copy of
the foregoing Purchase and Sale Agreement and Joint Escrow Instructions by and between E.F.
Moore and Company, a California corporation, as Seller, and the Arroyo Grande Redevelopment
Agency, a public body corporate and politic, as Buyer, and agrees to act as Escrow Holder
thereunder and to be bound by and strictly perform the terms thereof as such terms apply to Escrow
Holder.
Dated: ,2002
CHICAGO TITLE COMPANY
By:
Name:
Its:
17
DOCSOCI890386v7\22707.oo08
EXHIBIT B
DEED
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Stradling Y occa Carlson & Rauth
660 Newport Center Drive
Suite 1600
Newport Beach, California 92660
Attn: Mark J. Huebsch, Esq.
[Space above for recorder.]
Exempt ftom recording fee and documentary
transfer tax pursuant to Government Code
Section 6103.
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, E.F.
Moore, a California corporation ("Grantor"), hereby grants to the Arroyo Grande Redevelopment
Agency, a public body corporate and politic, that certain real property located in the County of San
Luis Obispo, State of California, more particularly described on Attachment No. I attached hereto
and incorporated herein by this reference.
IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of ,200_.
E.F. MOORE COMPANY
a California corporation
By:
Name:
Its:
By:
Name:
Its:
Exhibit B-1
DOCSOC\890386v7\22707.ooo8
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STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN LUIS OBISPO )
On , before me, , Notal)' Public,
(Print Name at Notary Public)
personally appeared
,
D personally known to me
-or-
D proved to me on the basis of satisfactol)' evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their
authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signa~ure Of Notary
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this fonn.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 Individual
0 Corporate Officer
Title(s) Title Or Type Of Document
0 Partner( s) 0 Limited
0 General
0 Attorney-In-Fact Number Of Pages
0 Trustee( s)
0 Guardian/Conservator
0 Other:
Signer is representing: Date Of Document
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
DOCSOC\890J86v7\22707.0008
CERTIFICATE OF ACCEPTANCE
This is to certify that the fee interest in real property conveyed under the foregoing Grant
Deed by E.F. MOORE AND COMPANY, a California Corporation, to the ARROYO GRANDE
REDEVELOPMENT AGENCY, a public body corporate and politic, is hereby accepted by the
Executive Director of the ARROYO GRANDE REDEVELOPMENT AGENCY on behalf of the
Agency Board pursuant to authority conferred by resolution of said Agency Board adopted on
April_, 2002, and the Grantee consents to recordation thereof by its duly authorized officer.
ARROYO GRANDE REDEVELOPMENT
AGENCY,
a public body corporate and politic
Dated: ,200 - By:
Its: Executive Director
ATTEST:
Secretary
DOCSOC\890386v7122707.ooo8
EXHIBIT C
.
FIRPTA Certificate
TRANSFEROR'S CERTIFICATE OF NON-FOREIGN STATUS
To inform the Arroyo Grande Redevelopment Agency ("Transferee"), that withholding of tax
under Section 1445 of the Internal Revenue Code of 1986, as amended ("Code") will not be required
upon the transfer of certain real property to the Transferee by E.F. Moore and Company, a California
corporation ("Transferor"), the undersigned hereby certify the following:
1. The Transferor is not a foreign person or citizen, foreign corporation, foreign
partnership, foreign trust, or foreign estate (as those terms are defined in the Code and the Income
Tax Regulations promulgated thereunder);
2. The Transferor's social security number or U.S. employer identification number is as
follows:
3. The Transferor's home or office address is:
The Tra"usferor understands that this certification may be disclosed to the Internal Revenue
Service by the Transferee and that any false statement contained herein could be punished by fine,
imprisonment or both. Under penalty of perjury, I declare that I have examined this certification and
to the best of my knowledge and belief it is true, correct and complete, and I further declare that I
have authority to sign this document.
Dated: ,200
E.F. MOORE COMPANY
a California corporation
By:
Name:
Its:
By:
Name:
Its:
Exhibit C-l
DOCSOC\890386v7122707.0008
EXHIBIT D
AGENCY NOTE
PROMISSORY NOTE SECURED BY DEED OF TRUST
Dated as of: . 2002 ("Note Date")
NOTICE TO MAKER: THIS NOTE CONTAINS A PROVISION FOR A
BALLOON PAYMENT AT MATURITY OR UPON THE
OCCURRENCE OF CERTAIN EVENTS.
$ Arroyo Grande, California
Arrovo Grande California
Property Address of Collateral City State
FOR VALUE RECEIVED, E.F. MOORE COMPANY, a California corporation (herein,
"Maker") promises to pay to the ARROYO GRANDE REDEVELOPMENT AGENCY, a public
body, corporate and politic ("Holder") at 214 E. Branch Street (the "Payment Address"), Arroyo
Grande, California, or at such other address as Holder may direct from time to time in writing,
Thousand Dollars ($ .00) (the "Note Amount"),
together with interest thereon as hereafter set forth. All sums hereunder shall be payable in lawful
money of the United States of America.
1. Purchase and Sale Agreement.
This Promissory Note is made and delivered pursuant to and in implementation of the
Purchase and Sale Agreement entered into between Maker and Holder for the sale of the Property by
Holder to Maker, which Purchase and Sale Agreement is dated as of (the
"Agreement"), a copy of which is on file with the Holder and is incorporated herein by reference.
Under the Agreement, certain moneys are being advanced in consideration of Maker's promises
under the Agreement, including the obligations to convey certain real property to Holder and
Maker's obligation to construct certain improvements. The earlier to occur of: (i) the completion of
the Designated Improvements, as detennined by the Executive Director, or (ii) October 30, 2002
shall constitute the "Maturity Date" hereunder. . Unless definitions of tenns have been expressly set
out at length herein, each tenn shall have the same definition as set forth in the Agreement.
2. Interest Rate.
Interest shall accrue on the obligation evidenced by this Promissory Note at the rate of:
(i) zero percent (0%) per annum during the first one hundred eighty (180) days after the Note Date,
and (ii) seven percent (7%) per annum thereafter until this Promissory Note is satisfied in full.
Exhibit D-1
DOCSOC\890386v7\22707.oo08
3. Time of Payment.
The amount due under this Promissory Note shall be due within three (3) business days
following the Maturity Date.
The moneys due hereunder shall be subject to acceleration and shall become immediately due
and payable if Maker sells or transfers the Collateral, including, without limitation, lease, exchange
or other disposition ofthe Collateral or any interest therein, whether voluntary or involuntary, except
a sale or transfer which under federal law would not, by itself, permit the Holder to exercise a due on
sale or due on encumbrance clause.
4. Security for Note.
This Promissory Note shall be secured by a deed of trust of even date herewith encumbering
the Collateral (the "Deed of Trust"), executed by Maker as Trustor in favor of Holder as Trustee.
5. Prepayment of Note.
Maker may prepay this Promissory Note to Holder, provided that any prepayment must be in
full and not in part. Prepayment will be treated in the same manner as refinancing of the Collateral.
6. Holder May Assign.
Holder may, at its option, assign its right to receive payment under this Promissory Note
without necessity of obtaining the consent of the Maker, provided that prior written notice is given to
Maker.
7. Attorneys' Fees and Costs.
In the event that any action is instituted to enforce payment under this Promissory Note, the
parties agree the non-prevailing party shall be responsible for and shall pay to the prevailing party all
court costs and all attorneys' fees incurred in enforcing this Promissory Note.
8. Amendments.
This Note may not be modified or amended except by an instrument in writing expressing
such intention executed by the parties sought to be bound thereby, which writing must be so firmly
attached to this Note so as to become a permanent part thereof.
9. Maker's Waivers.
Maker waives any rights to require the Holder to: (a) demand payment of amounts due
(known as "presentment"), (b) give notice that amounts due have not been paid (known as "notice of
dishonor"), and (c) obtain an official certification of nonpayment (known as "protes!").
Exhibit D-2
DOCSOC\890386v7\22707.ooo8
10. Notice.
Any notice that must be given to Maker under this Promissory Note shall be given by
personal delivery or by mailing it by certified mail addressed to Maker at 214 E. Branch Street,
Arroyo Grande, California 93421, Attention: Executive Director, or such other address as Maker
shall direct from time to time in writing. Failure or delay in giving any notice required hereunder
shall not constitute a waiver of any default or late payment, nor shall it change the time for any
default or payment. Any notice to Holder shall be given by certified mail or personal delivery at the
address stated above.
11. Successors Bound.
This Promissory Note shall be binding upon the parties hereto and their respective heirs,
successors and assigns.
IN WITNESS WHEREOF, Maker has executed this Promissory Note.
"MAKER"
ARROYO GRANDE REDEVELOPMENT
AGENCY, a public body, corporate and politic
By:
Steven D. Adams, Executive Director
ATTEST:
Agency Secretary
Exhibit D-3
DOCSOC\890386v7\22707.0008
EXHIBIT E
AGENCY DEED OF TRUST
WHEN RECORDED MAIL TO:
. SPACE ABOVE THIS LINE FOR RECORDER'S USE
DEED OF TRUST WITH ASSIGNMENT OF RENTS
(SHORT FORM) --- ~,
This DEED OF TRUST is made as of , 2002 between E.F. MOORE
COMPANY, a California corporation, herein called TRUSTOR, whose address is 214 E. Branch
Street, Arroyo Grande, California 93421, FIRST AMERICAN TITLE COMPANY, a California
corporation, herein called TRUSTEE, and the ARROYO GRANDE REDEVELOPMENT
AGENCY, a public body, corporate and politic, herein called BENEFICIARY,
WITNESSETH: That Trustor grants to Trustee in trust, with power of sale, that property in the City
of Arroyo Grande, County of San Luis Obispo, State of California, described as:
SEE EXHIBIT "An ATTACHED HERETO AND MADE A PART HEREOF.
together with the rents, issues and profits thereof, subject, however, to the right, power and authority
hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits
for the purpose of securing (I) payment of the sum of $600,000 with interest thereon according to the
terms of a promissory note or notes of even date herewith made by Trustor, payable to order of
Beneficiary, and extensions or renewals thereof, (2) the performance of each agreement of Trustor
incorporated by reference or contained herein and (3) payment of additional sums and interest
thereon which may hereafter be loaned to Trustor, or his successors or assigns, when evidenced by a
promissory note or notes reciting that they are secured by this Deed of Trust.
To protect the security of this Deed of Trust, and with respect to the property above
. described, Trustor expressly makes each and all of the agreements, and adopts and agrees to perform
and be bound by each and all of the terms and provisions set forth in subdivision A, and it is mutually
agreed that each and all of the terms and provisions set forth in subdivision B of the fictitious deed of
trust recorded in San Bernardino County August 17, 1964, and in all other counties August 18, 1964,
in the book and at the page of Official Records in the office of the county recorder of the county
where said property is located, noted below opposite the name of such county, namely:
Exhibit E-1
DOCSOC\890386v7\22707.0008
COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE
- -- -- --
Alameda 1288 556 Kings 858 713 Placer 1028 379 Sierra 38 187
Alpine 3 130-31 Uk. 437 liD Plwnas 166 1307 Siskiyou 506 762
Amador 133 438 Lassen 192 367 Riverside 3778 347 Solano 1287 621
B".. 1330 Sl3 Los Angeles T3878 874 Sacramento 5039 124 Sonoma 2067 427
Calaveras 185 338 M._ 911 136 San Benito 300 405 Stanislaus 1970 56
Colusa 323 391 Marin 1849 122 S. Bernardino 6213 768 Sutter 6SS 585
Contra Costa 4684 1 Mariposa 90 453 S. Francisco A.804 596 Tehama 457 183
DeINorte 101 549 Mendocino 667 99 S.Joaquin 2855 283 Trinity 108 595
EI Dorado 704 635 Merced 1660 753 S. Luis Obispo 1311 137 Tulare 2530 108
Fresno 5052 623 Madoc 191 93 San Mateo 4778 175 Tuolunme 177 160
Glenn 469 76 Mono 69 302 SantaBarbara 2065 881 Ventura 2607 237
Humboldt 801 83 Monterey 3S7 239 Santa Clara 6626 664 Yolo 769 16
Imperial 1189 701 Napa 704 742 SantaCruz 1638 607 Yuba 398 693
Inyo 165 672 Nevada 363 94 Shasta 800 633
Kern 3756 690 Orange 7182 18 San Diego 1964 149774
SerlesS
shall inure to and bind the parties hereto, with respect to the property above described. Said
agreements, terms and provisions contained in said subdivisions A and B, (identical in all counties,
and printed on pages 3 and 4 hereof) are by the within reference thereto, incorporated herein and
made a part of this Deed of Trust for all purposes as fully as set forth at length herein, and
Beneficiary may charge for a statement regarding the obligation secured hereby, provided the charge
therefor does not exceed the maximum allowed by law.
The undersigned Trustor, requests that a copy of any notice of default and any notice of sale
hereunder be mailed to him at his address hereinbefore set forth.
TRUSTOR:
E.F. MOORE COMPANY, a California corporation
By:
Its:
By:
Its:
Exhibit E-2
DOCSOO890386v7\22707.0008
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN LUIS OBISPO )
On , before me, , Notary Public,
(Pnnt Name ot Notary Public)
personally appeared
,
0 personally Imown to me
-or-
0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and aclmowledged to me that helshelthey executed the same in hislherltheir
authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature Of Notary
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this fonn.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 Individual
0 Corporate Officer
Tille(s) Title Or Type Of Document
0 Partner( s) 0 Limited
0 General
0 Attorney-In-Fact Number Of Pages
0 Trustee( s)
0 Guardian/Conservator
0 Other:
Signer is representing: Date Of Document
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
DOCSOC\890386v7\22707.0008
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DO NOT RECORD
The following is a copy of Subdivisions A and B of the fictitious Deed of Trust recorded in
each county in California as stated in the foregoing Deed of Trust and incorporated by reference in
said Deed of Trust as being a part thereof as if set forth at length therein.
A To protect the security of this Deed of Trust, Trustor agrees:
(1) To keep said property in good condition and repair; not to remove or
demolish any building thereon; to complete or restore promptly and in good and workmanlike
manner any building which may be constructed, damaged or destroyed thereon and to pay when due
all claims for labor performed and materials furnished therefor; to comply with all laws affecting said
property or requiring any alterations or improvements to be made thereon; not to commit or permit
waste thereof; not to commit, suffer or permit any act upon said property in violation oflaw; to
cultivate irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of
said property may be reasonably necessary, the specific enumerations herein not excluding the
general.
(2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to
and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy
may be applied by Beneficiary upon any indebtedness secured hereby and in such order as
Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part
thereof may be released to Trustor. Such application or release shall not cure or waive any default or
notice of default hereunder or invalidate any act done pursuant to such notice.
(3) To appear in and defend any action or proceeding purporting to affect the
security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses,
including cost of evidence of title and attorney's attorneys' fees in a reasonable sum, in any such
action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by
Beneficiary to foreclose this Deed.
(4) to pay: at least ten days before delinquency all taxes and assessments
affecting said property, including assessments on appurtenant water stock; when due, all
encumbrances, charges and liens, with interest, on said property or any part thereof, which appear to
be prior or superior hereto; all costs, fees and expenses of this trust.
Should Trustor fail to make any payment or to do any act as herein provided, then
Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor
and without releasing Trustor from any obligation thereof, may: make or do the same in such
manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or
Trustee being authorized to enter upon said property for such purposes; appear in and defend any
action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or
Trustee; pay, purchase, contest or compromise any encumbrance, charge or lien which in the
judgment of either appears to be prior or superior hereto; and, in exercising any such powers, pay
necessary expenses, employ counsel and pay his reasonable fees.
Exhibit E-5
DOCSOC\890386v7\22707.0008
(5) To Pay immediately and without demand all sums so expended by
Beneficiary or Trustee, with interest ITom date of expenditure at the amount allowed by law in effect
at the date hereof, and to pay for any statement provided for by law in effect at the date hereof
regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed the
maximum allowed by law at the time when said statement is demanded.
B. It is mutually agreed:
(I) That any award of damages in connection with any condemnation for public
use of or injury to said property or any part thereof is hereby assigned and shall be paid to
Beneficiary who may apply or release such monies received by him in the same manner and with the
same effect as above provided for disposition of proceeds of fire or other insurance.
(2) That by accepting payment of any sum secured hereby after its due date,
Beneficiary does not waive his right either to require prompt payment when due of all other sums so
secured or to declare default for failure so to pay.
(3) That at any time or ITom time to time, without liability therefor and without
notice, upon written request of Beneficiary and presentation of this Deed and said note for
endorsement, and without affecting the personal liability of any person for payment of the
indebtedness secured hereby, Trustee may: reconvey any part of said property; consent to the
making of any map or plat thereof; join in granting any easement thereon; or join in any extension
agreement or any agreement subordinating the lien or charge hereof.
(4) That upon written request of Beneficiary stating that all sums secured hereby
have been paid, and upon surrender of this Deed and said note to Trustee for cancellation and
retention or other disposition as Trustee in its sole discretion may choose and upon payment of its
fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such
reconveyance or any matters or facts shall be conclusive proof of the truthfulness thereof. The
Grantee in such reconveyance may be described as "the person or persons legally entitled thereto."
(5) That as additional security, Trustor hereby gives to and confers upon
Beneficiary the right, power and authority, during the continuance of these Trusts, to collect the
rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by
Trustor in payment of any indebtedness secured hereby or in performance of any agreement
hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon
any such default, Beneficiary may at any time without notice, either in person, by agent, or by a
receiver to be appointed by a court, and without regard to the adequacy of any security for the
indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in
his own name sue for or otherwise collect such rents, issues, and profits, including those past due and
unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable
attorney's attorneys' fees, upon any indebtedness secured hereby, and in such order as Beneficiary
may determine. The entering upon and taking possession of said property, the collection of such
rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default
or notice of default hereunder or invalidate any act done pursuant to such notice.
Exhibit E-6
DOCSOC\890386v7l22707.0008
(6) That upon default Trustor in payment of any indebtedness secured hereby or
in performance of any agreement hereunder, Beneficiary may declare all sums secured hereby
immediately due and payable by delivery to Trustee of written declaration of default and demand for
sale and of written notice of default and of election to cause to be sold said property, which notice
Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed, said
note and all documents evidencing expenditures secured hereby.
After the lapse of such time as may then be required by law following the recordation of said
notice of default, and notice of sale having been given as then required by law, Trustee, without
demand on Trustor, shall sell said property at the time and place fixed by it in said notice of sale,
either as a whole or in separate parcels, and in such order as it may determine, at public auction to the
highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may
postpone sale of all or any portion of said property by public announcement at such time and place of
sale, and ITom time to time thereafter may postpone such sale by public announcement at the time
fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the
property so sold, but without any covenant or warranty, express or implied. The recitals in such deed
of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including
Trustor, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale.
After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of
evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of: all
sums expended under the terms hereof, not then repaid, with accrued interest at the amount allowed
by law in effect at the date hereof; all other sums then secured hereby; and the remainder, if any, to
the person or persons legally entitled thereto.
(7) Beneficiary, or any successor in ownership of any indebtedness secured
hereby, may ITom time to time, by instrument in writing, substitute a successor or successors to any
Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary and duly
acknowledged and recorded in the office of the recorder ofthe county or counties where said
property is situated, shall be conclusive proof of proper substitution of such successor Trustee or
Trustees, who shall, without conveyance ITom the Trustee predecessor, succeed to all its title, estate,
rights, powers and duties. Said instrument must contain the name of the original Trustor, Trustee and
Beneficiary hereunder, the book and page where this Deed is recorded and the name and address of
the new Trustee.
(8) That this Deed applies to, inures to the benefit of, and binds all parties hereto,
their heirs, legatees, devisees, administrators, executors, successors and assigns. The term
Beneficiary shall mean the owner and holder, including pledgees, of the note secured hereby,
whether or not named as Beneficiary herein. In this Deed, whenever the context so requires, the
masculine gender includes the feminine and/or neuter, and the singular number includes the plural.
(9) That Trustee accepts this Trust when this Deed, duly executed and
acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any
party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which
Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee.
Exhibit E-7
OOCSOC\890J86v7\22707.oo08
DO NOT RECORD
REQUEST FOR FULL RECONVEYANCE
TO ,TRUSTEE
The undersigned is the legal owner and holder of the note or notes, and of all other
indebtedness secured by the foregoing Deed of Trust. Said note or notes, together with all other
indebtedness secured by said Deed of Trust, have been fully paid and satisfied; and you are hereby
requested and directed on payment to you of any sums owning owing to you under the tenns of said
Deed of Trust, to cancel said note or notes above mentioned, and all other evidences of indebtedness
secured by said Deed of Trust delivered to you herewith, together with the said Deed of Trust, and to
reconvey, without warranty, to the parties designated by the tenns of said Deed of Trust, all the estate
now held by you under the same.
Dated:
Please mail Deed of Trust,
Note and Reconveyance to
Do no/lose or destroy Ihis Deed of Trust OR THE NOTE which it secures. Both must be delivered to the Trustee (or cancellation before
reconveyance will be made.
DEED OF TRUST
with power of sale
TRUSTEE
Exhibit E-8
DOCSOC\890386v7l22707.0008
EXHIBIT F
LOAN ESCROW PROVISIONS
1. Lender's Conditions Precedent to Lender Closin!! and Termination Ri!!ht.
(a) Conditions Precedent. The Lender Closing and Lender's obligation to loan
to Seller the Loan Amount pursuant to Section 15 hereof are subject to the timely satisfaction or
written waiver of the following conditions precedent (collectively, "Advance Conditions"), which are
for Lender's benefit only.
(i) Title Review. Within seven (7) calendar days after the Opening of
Escrow, Seller shall cause the Title Company to deliver to Agency a preliminary title report (the
"Lender's Report") describing the title to the Collateral, together with copies ofthe exceptions (the
"Exceptions") set forth in the Lender's Report; provided that the cost of the Lender's Report shall be
borne by Agency. Seller acknowledges that the Lender's Report shall include an endorsement
against the effect of any mechanics' liens; Seller will provide such indemnity or other assurances as
necessary to induce the Title Company to provide such endorsement. On or before May 1,2002 (the
"Loan Date"), Agency shall have approved in writing, in Lender's sole discretion, any matters of title
disclosed by the following (collectively, the "Collateral Documents"): (i) the Lender's Report; (ii)
the Exceptions; and (iii) the legal description ofthe Collateral. Agency shall have the same rights to
approve or disapprove any exceptions to title that are not created by Agency and that come into
existence after issuance ofthe Lender's Report but prior to recordation of the Agency Deed of Trust
(the "Lender Closing"). Seller shall, on or before the Lender Closing, remove all deeds of trust,
mortgages and delinquent taxes (but not the lien for any real property taxes or assessments not yet
delinquent).
(ii) Lender's Title Policv. On or before the Lender Closing, the Title
Company shall, upon payment (by Agency) of the Title Company's premium, have agreed to issue to
Agency, a CLTA owner's policy of title insurance ("Lender's Title Policy") in the amount of Six
Hundred Thousand ($600,000.00) insuring the Agency's beneficial interest under the Agency Deed
of Trust subject only to the (i) the standard, preprinted exceptions to Lender's Title Policy; (ii) liens
to secure payment of real estate taxes or assessments not yet delinquent; (iii) matters affecting the
Collateral created by or with the written consent of Agency; and (iv) those matters specifically
approved in writing by Agency. Agency shall have the right, at its sole cost and expense, to obtain
coverage beyond that offered by a lender's CLTA policy.
(iii) Phvsical and Legal Inspections and Studies. On or before the Loan
Date, Agency shall have approved in writing, in Lender's reasonable discretion, the results of any
physical and legal (but not feasibility or economic) inspections, investigations, tests and studies
Agency elects to make or obtain, including, but not limited to, investigations with regard to zoning,
building codes and other governmental regulations; engineering tests; soils, seismic and geologic
reports; environmental audits, inspections and studies; environmental investigation or other invasive
or subsurface testing; and any other physical or legal inspections and/or investigations as Agency
may elect to make or obtain.
Exhibit F-l
DOCSOC\890386v7\22707.0008
(iv) Natural Hazard Disclosure Statement. Seller shall deliver to Agency
a Natural Hazard Disclosure Statement pursuant to AB 1195 on or before the Loan Date.
(v) Collateral Tests. A reasonable time before the Loan Date, Seller shall
have provided evidence satisfactory to the Executive Director, including without limitation a letter of
value by an MAl appraiser selected by Buyer which demonstrates compliance with the Loan-to-
Value Test as defined in Section 6(a)(iv) of the Purchase Agreement, that: (I) the present vesting for
the Collateral is the same as the present vesting of the Real Property; (2) the Agency Deed of Trust
(as defined under the Purchase Agreement) shall be a first or second deed of trust; and (3) the loan-
to- value ratio of the amount secured under the Agency Deed of Trust when added to the amount
secured under all existing deeds oftrust as to the Collateral does not exceed eighty percent (80%)(the
"Loan to Value Test"), including a letter of value by an MAl appraiser demonstrating compliance
with the Loan to Value Test.
(vi) Collateral and Fonnation Documents. On or before the Loan Date,
Agency shall have approved in writing, in Lender's reasonable discretion, the tenns, conditions and
status of all of the Collateral Documents.
(vii) Payment of Fees. Seller shall have paid all pennit fees, in an amount
of not less than Two Hundred Thousand Dollars ($200,000.00), required by the City of Arroyo
Grande in connection with the development ofthe Designated Improvements and development of
privately owned properties of Seller.
(viii) Reoresentations and Warranties. All representations and warranties
of Seller contained in this Agreement shall be materially true and correct as of the date made and as
of the Lender Closing.
(ix) No Default. As of the Lender Closing, Seller shall not be in default in
the perfonnance of any material covenant or agreement to be perfonned by Seller under this
Agreement.
2. Buver's Initial Termination Ri!!ht. Should any of Advance Conditions not be met,
Agency may, by written notice to Seller, tenninate this Loan Escrow and, at its election, the Purchase
Agreement. If the Loan Escrow or the Purchase Agreement is so tenninated, then (except to the
extent expressly allocated to one party hereto by the Purchase Agreement) any escrow, title or other
cancellation fees shall be paid by Agency, unless Seller is in default hereunder, in which case Seller
shall pay all such fees. If Agency has neither tenninated this Agreement in writing ("Tennination
Notice") on or before 5:00 p.m. on the Loan Date as to the items set forth in Sections I(a)(i)-(vi)
inclusive, nor provided a written satisfaction or waiver notice to Seller of each Lender's Contingency
to be satisfied as of the Loan Date, then all such Advance. Conditions shall be deemed to have been
satisfied and this Agreement shall continue pursuant to its tenns.
3. Seller's Deliveries to Loan Escrow Holder.
(a) Seller's Delivered Documents. At least one (I) business day prior to the
Lender Closing Date, Seller shall deposit or cause to be deposited with Escrow Holder the following
items, duly executed and, where appropriate, acknowledged ("Seller's Delivered Loan Items"):
Exhibit F-2
DOCSOC\890386v7\22707.0008
(i) Agencv Note and Agencv Deed of Trust. The Agency Note in the
fonn attached to the Purchase Agreement as Exhibit D and the Agency Deed of Trust in the fonn
attached to the Purchase Agreement as Exhibit E.
(ii) Authoritv. Such proof of Sellers , authority and authorization to enter
into this Agreement and to consummate this transaction as may be reasonably requested by Agency
and the Title Company.
(iii) Further Documents or Items. Any other documents or items
reasonably required to close the transaction contemplated by this Agreement as detennined by the
Title Company.
(b) Failure to Deliver. Should any of Seller's Delivered Items not be timely
delivered to Escrow, Agency may, by written notice to Seller, tenninate the Lender Escrow and, at
the election of Agency, the Purchase Agreement; provided, however, that Agency may (but hall not
be obligated to) in such notice provide Seller with five (5) business days to deliver all of Seller's
Delivered Items. If Lender's notice provides Seller such five (5) business days to deliver Seller's
Delivered Items, and if Seller's Delivered Items are not delivered within such period, then the Lender
Escrow shall automatically tenninate without further action or notice. In the event of any such
tennination, any cash deposited by Agency shall immediately be returned to Agency. If the Lender
Escrow is so tenninated, then any escrow, title or other cancellation fees shall be paid by Seller.
Under no circumstances shall Agency have any responsibility to or duty to pay consultants or real
estate brokers retained by Seller, Seller being solely responsible in connection with any such
contractual arrangements of Seller.
4. Costs and EXDenses.
(a) Seller's Costs. Seller shall bear the following costs: (i) the Agency's
lender's policy of title insurance as to the Collateral; and (ii) the following: (I) documentary
recording fees, if any, and (2) Escrow Holder's fee (which foregoing items collectively constitute
"Seller's Costs").
(b) Generallv. Each party shall bear the costs of its own attorneys, consultants,
and real estate brokers in connection with the negotiation and preparation ofthis Agreement and the
consummation ofthe transaction contemplated hereby. The items provided in this Section are
hereinafter referred to as "General Expenses".
5. Lender Closin!! Procedure. When the Title Company is ready to issue the Lender's
Title Policy to Agency and all required documents and funds have been deposited with Escrow
Holder, Escrow Holder shall immediately close Escrow in the manner and order provided below.
(a) Recordin!!. Escrow Holder shall cause the Agency Deed of Trust to be
recorded pursuant to applicable law in the county in which the Collateral is located and obtain
confonned copies thereof for distribution to Agency and Seller.
(b) Disburse Funds. Escrow Holder shall debit or credit (as provided herein) all
Lender's Costs, Seller's Costs and Expenses as provided herein.
Exhibit F-3
DOCSOCI890386v7\22707.0008
(c) Documents to Seller. Escrow Holder shall deliver to Seller a confonned
copy of the Agency Deed of Trust; and each other document (or copies thereof) deposited into
Escrow by Agency pursuant hereto.
(d) Documents to Al!ency. Escrow Holder shall deliver to Agency the original
FIRPTA Certificate, a confonned copy of the Agency Deed of Trust, the Lender's Report, and each
other document (or copies thereof) deposited into Escrow by Seller pursuant hereto.
(e) Title Company. Escrow Holder shall cause the Title Company to issue the
Lender's Title Policy to Agency.
(1) Lender Closinl! Statement. Escrow Holder shall forward to both Agency
and Seller a separate accounting of all funds received and disbursed for each party.
Exhibit F-4
DOCsoa890386v7\12707.0008
EXHIBIT G
EARLY ENTRY AGREEMENT
RIGHT OF ENTRY AGREEMENT
(E. F. Moore Company)
This RIGHT OF ENTRY AGREEMENT (E. F. Moore Company) ("Right of Entry
Agreement") is made and entered into as of , 2002 by and among the CITY OF
ARROYO GRANDE a municipal corporation (the "City") and ARROYO GRANDE
REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Agency"), and E. F.
MOORE, a California corporation ("Seller") with respect to the following:
RECITALS
A. The Agency, the City and the Seller have previously entered into that certain
Purchase and Sale Agreement dated as of May I, 2002 (the "Agreement"). All capitalized tenns not
expressly defined herein shall have the meanings established therefor in the Agreement.
B. Pursuant to the Agreement, and subject to the satisfaction of certain conditions
precedent, the Seller has agreed to sell and the Agency has agreed to purchase the "Real Property"
(as defined in the Agreement, subject to the satisfaction of certain conditions precedent, al1 as more
particularly provided in the Agreement. .
C. Under the conditions precedent as set forth in the Agreement, the Seller is to
undertake certain improvements to the Real Property prior to closing; however, the parties mutually
desire that the closing not be delayed for failure of Seller to satisfy such conditions prior to closing.
D. Seller desires to enter upon certain property described in Attachment No. I hereto as
the "Site" and to allow contractors under its hire to enter upon the Site for the purposes of
constructing, installing or erecting those improvements identified in the Agreement as the
"Designated Improvements". The Agency and the City desire to accommodate the Seller's desire to
enter upon the Site and to conduct the above-enumerated activities (the "Authorized Activities") by
granting a right of entry to Seller subject to and upon certain tenns and conditions as set forth in this
Right of Entry Agreement.
NOW, THEREFORE, based on the foregoing Recitals, which are a substantive part of this
Right of Entry Agreement and for good and valuable consideration, the Agency, the City and the
Seller hereby agree as follows:
1. Entry. Subject to the tenns and conditions hereof, each of the City and the Agency
hereby grants to Seller and its agents and contractors the nonexclusive right to enter upon the Site, to
perfonn the Authorized Activities, and such other activities as may be authorized in writing by the
City Administrator, and expressly for no other purposes without the prior written approval of the City
Administrator or his designee, which approval the City Administrator may grant in his sole
discretion.
Exhibit G-I
DOCSOCI890386v7\22707.0008
a. Term of Right of Entrv. This Right of Entry Agreement shall automatically terminate
and expire as of the first to occur of: (i) 5:00 p.m. on , 2002, (ii) the termination of
the Agreement, or (iii) the commencement of the Term ofthe Agency Sublease (the "Termination
Date"). The term of this Right of Entry Agreement may be extended at the sole and absolute
discretion of the City Administrator or his designee for such additional period as may be designated
by the City Administrator in his sole discretion.
b. No Prooerty Rights Granted. It is expressly understood this Right of Entry
Agreement does not in any way whatsoever grant or convey any rights of possession, easement or
other interest in the Site to the Seller, at this point in time.
c. Termination of Right ofEntrv for Work bevond the Scope of the Authorized
Activities. Under the terms of this Right of Entry Agreement in no event shall Seller commence or
cause to be commenced any work or improvement on the Site outside the scope of the defined
Authorized Activities or after the Termination Date. In the event Seller commences, undertakes or
completes any work at the Site outside the scope ofthe described Authorized Activities
("Unauthorized Work") this Right of Entry Agreement shall automatically terminate; provided that,
in each event, Seller shall remain obligated to restore the Site (to the condition that existed prior to
the undertaking of any Unauthorized Work) and for indemnity under Section 3 hereof. Seller shall
immediately vacate the Site, shall have no further rights to enter the Site for the Authorized
Activities, and shall be liable and responsible to the City, the Agency and the Tenant for any and all
damages, and expenses incurred and for the correction and restoration of the Site due or related to
such unauthorized work.
2. Additional Conditions and ReDresentations. By execution of this Right of Entry
Agreement, Seller agrees for itself and on the behalf of its employees, agents, consultants and
contractors as follows:
a. No Dangerous Conditions. Seller will not suffer or permit any dangerous condition
to be created, exist or continue on the Site.
b. Comoliance with All Aoolicable Governmental Reauirements. All acts and things
done by Seller on the Site will be done in a careful and reasonable manner, in accordance with all
federal, state and local laws, and all Governmental Requirements.
c. Seller at Own Risk. Seller enters the Site, entirely at its own cost, risk and expense,
and Seller acknowledges that the Agency and the City, and their officers, employees, agents or
contractors, have made no warranty or representation to Seller that the Site, or any part thereof is
safe.
d. Insurance. Prior to the Seller's entry upon the Site, and during the period of this
Right of Entry Agreement, there shall be in effect policies of insurance in compliance with the
requirements of the Agreement.
e. No Mechanics Liens. Seller shall not permit or suffer any mechanics', materialmen's
or other liens of any kind or nature to be filed or enforced against the Site.
Exhibit G-2
DOCSOC\890386v7l22707.0008
f. No Reimbursement. Any work performed upon the Site under this Right of Entry
Agreement shall be the property of the Agency, and Seller shall not have any interest in the Site or be
entitled to any reimbursement or repayment for any Authorized Activities performed upon the Site
pursuant to this Right of Entry Agreement. Furthermore, at the request and direction of the City
Administrator, Seller shall restore the Site, to the condition in which it existed as of the date of this
Right of Entry Agreement. Seller shall dispose of any materials removed from the Site in the course
of the Authorized Activities, or restoration of the Site, at its sole cost and expense and in full
compliance with all Governmental Requirements.
g. Hazardous Materials. Seller shall take all necessary precautions to prevent the import
and/or release into the environment of any Hazardous Materials (as such term is defined in the
Agreement), which are imported to, in, on or under the Site, during conduct of its activities grading
and construction. If Hazardous Materials are imported onto the Site, the Seller shall be solely
responsible for removing imported Hazardous Materials in conformance with all Governmental
Requirements (as such term is defined in the Agreement). Such precautions shall include compliance
with all Governmental Requirements with respect to Hazardous Materials. In addition, the Seller
shall install and utilize such equipment and implement and adhere to such procedures as are
consistent with commercially reasonable standards as respects the disclosure, storage, use, removal
and disposal of Hazardous Materials.
(i) Seller shall notify the City Administrator, and provide to the City Administrator a
copy or copies, of all environmental permits, disclosures, applications, entitlements or inquiries
relating to the Site, including notices of violation, notices to comply, citations, inquiries, clean-up or
abatement orders, cease and desist orders, reports filed pursuant to self-reporting requirements and
reports filed or applications made pursuant to any Governmental Requirement relating to Hazardous
Materials and underground tanks. The Seller shall report to the City Administrator, as soon as
possible after each incident, any unusual or potentially important incidents with respect to the
environmental condition of the Site.
(ii) In the event Hazardous Materials are imported in or on the Site, during conduct of the
Authorized Activities grading and construction or a release of any Hazardous Materials into the
environment, the Seller shall, as soon as possible after the release, furnish to the City Administrator a
copy of any and all reports relating thereto and copies of all correspondence with governmental
agencies relating to the import and/or release. Upon request, the Seller shall furnish to the City
Administrator a copy or copies of any and all other environmental entitlements or inquiries relating
to or affecting the Site, including, but not limited to, all permit applications, permits and reports
including, without limitation, those reports and other matters which may be characterized as
confidential.
3. Indemnity. Seller hereby agrees to defend, indemnify and hold the Agency, the City
of Arroyo Grande, and their respective officers, officials, members, employees, agents and
representatives, and the Tenant, harmless from and against any and all loss, damage, injury, liability,
claim, cost or expense (including, without limitation, reasonable attorneys' fees, expert witness fees,
court costs, and expenses) arising from or attributable to the activities of Seller, or any of its
employees, agents, consultants or contractors upon the Site, pursuant to this Right of Entry
Agreement for the Authorized Activities, any action or failure to act under this Right of Entry
Agreement, or which may arise out of Seller, and/or its contractors, completing or causing the
Exhibit G-3
DOCSOC\890386v7\22707.0008
completion of any inspections, investigations, tests, environmental assessments hereunder. All use of
and entry upon the Site shaH be at the sole cost, risk and expense of the Seller.
4. MisceHaneous.
a. Attornevs' Fees. In the event any party hereto brings an action or proceeding for a
declaration of the rights of the parties under this Right of Entry Agreement, for injunctive relief, or
for an alleged breach or default of, or any other action arising out of this Right of Entry Agreement
or the transactions contemplated hereby ("action"), the prevailing party in any such action shall be
entitled to an award ofreasonable attorneys' fees and costs and expert witness fees (if any) incurred
in such action or proceeding, in addition to any other damages or relief awarded, regardless of
whether such action proceeds to final judgment.
b. Choice of Law: Forum. This Right of Entry Agreement is to be governed by, and
construed in accordance with, the laws of the State of California. The Municipal and Superior Courts
of the State of California in the County of Los Angeles, or such other appropriate court in such
county, shall have exclusive jurisdiction of any litigation between the parties arising out of or related
to this Right of Entry Agreement.
c. Remedies. Each party shall, in addition to all other rights provided herein or as may
be provided by law, be entitled to the remedies of specific perfonnance and injunction to enforce its
rights hereunder, except to the extent expressly provided to the contrary in this Right of Entry
Agreement. All rights and remedies under this Right of Entry Agreement are cumulative and no one
. of them shall be exclusive of any other, and each party shall have the right to pursue anyone or all of
such rights and remedies or any other remedy which may be provided by law, whether or not stated
in this Right of Entry Agreement, except to the extent expressly provided to the contrary in this Right
of Entry Agreement.
d. Counteroarts. This Right of Entry Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original but all of which together shaH constitute one
and the same instrument.
e. Non-Liability of Public Officials. No officer, employee, member, agent or
representative of the Agency or of the City shall be personally liable to Seller, or any successor in
interest, in the event of any default or breach by the Agency, or for any amount which may become
due to Seller or its successor, or for any breach of any obligation of the tenns of this Right of Entry
Agreement.
f. No Third Party Beneficiaries. There shall be no third party beneficiaries ofthis
Agreement.
g. No Assignment. The rights granted by this Right of Entry Agreement are personal to
the Seller and Seller shall not assign, transfer, lease, pledge, surrender or otherwise dispose of this
Right of Entry Agreement without the prior express written approval of the City Administrator, in his
sole and absolute discretion.
Exhibit G-4
ooCSOC\890386v7\22707.oo08
IN WITNESS WHEREOF, the parties hereto have entered into this Right of Entry
Agreement as of the date and year first set forth above.
CITY OF ARROYO GRANDE
a municipal corporation
By:
Steven D. Adams
City Manager
ATTEST:
City Clerk
ARROYO GRANDE REDEVELOPMENT
AGENCY,
a public body, corporate and politic
By:
Steven D. Adams
Executive Director
ATTEST:
Agency Secretary
E. F. MOORE, a California corporation,
a California limited liability corporation
By:
Its:
By:
Its:
Exhibit G-5
DOCSOC\890386v7\22707.ooo8
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EXHIBIT H
DESIGNATED IMPROVEMENTS
1. Complete demolition and removal of existing residence and all accessory
structures, including overhead andlor underground utilities, fences, walls,
footings, wells, septic tank and any other foreign materials.
2. Clear and grub all existing trees, shrubs, groundcover and stockpile all topsoil
for replacement on slopebanks and bottom.
3. Excavate entire basin expansion of approximately 330,000 cubic yards to a
depth approximately equal to the adjoining existing Poplar Ponding Basin,
with side slopes on the west, north and east sides at 2:1 to 2.5:1 variable
banks, rounded at top and bottom, setback five feet, more or less from
perimeter boundaries, per plans to be provided by City.
4. Remove portion of excavated material to be deposited and compacted for
commercial site preparation to the north for finish grading as per City
approved plans and specifications for Gateway Center development.
5. Deposit and stockpile any surplus excavated materials as directed by City on
adjoining private properties to west or northeast of site.
6. Relocate approximately 434 linear feet of existing 6 feet tall chain link fence
at north edge of existing ponding basin to the east side of site and construct
approximately 600 linear feet of ornamental iron fence, 6 feet tall by 8 foot
long panels with slump stone concrete block (adobe color) pillars to match
the existing design (as approved by Berry Gardens Specific Plan). It is
estimated that 60 panels and 60 pillars will be constructed along the west
and north boundaries.
7. Construct one access gateway and 1: 12 access driveway ramp 12 feet
minimum width traversing north slopebank from top of bank to foot of slope
to the approval of Director of Public Works,
8. Construct approximately 475 linear feet of 24" HDPE storm drain pipe from
outlet at bottom of expanded Poplar Ponding Basin to the north side of East
Grand Avenue including two Drop Inlets on the north and south curb and
gutters.
9. Install an automatic drip irrigation system at the perimeter of existing and
expanded ponding basin. Hydroseed slopebanks and bottom of basin
expansion and plant approximately 100 15 gallon coast live oak and liquid
amber trees at 30 foot spacing on upper edge of perimeter slope banks, or
optional tree and shrubs interspersed in accordance with a landscape plan
provided by City and to the satisfaction of the City Parks & Recreation
Director.
10. Provide necessary maintenance access easements across parcel 1 to the
drainage pipeline and from the Courtland Street driveway to the ponding
basin gate, to the satisfaction of the Director of Public Works.
11.c.
MEMORANDUM
TO: CITY COUNCIL
FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR ~Q
BY: I<'. ~, KELLY HEFFERN ON, ASSOCIATE PLANNER
SUBJECT: CONSIDERATION OF PRE-APPLICATION REVIEW CASE NO. 02-001;
PROPOSED REZONE AND RESIDENTIAL SUBDIVISION, LOCATED AT
1595 EAST GRAND A VENUE (BERRY GARDENS SPECIFIC PLAN
SUBAREA 3); YONEJI & MASAKO MATSUMOTO REVOCABLE TRUST
DATE: APRIL 23, 2002
RECOMMENDATION:
Staff recommends that Council review the above-referenced project and provide
direction and comments to the applicant.
FUNDING:
No fiscal impact.
LOCATION MAP:
"
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PROJECT SITE
0
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iii
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CITY COUNCIL
PRE-APPUCATION 02-001
APRIL 23, 2002
PAGE 2 OF 2
BACKGROUND:
The project site is located within Subarea 3 of the Berry Gardens Specific Plan
(Attachment 1). Subarea 3 is 4.6 acres in size and zoned both General Commercial
(GC) and Residential Rural (RR). The applicant proposes to rezone a 1.6-acre portion
of the site from RR to Single Family (SF) and subdivide the property into nine (9)
residential lots ranging from 6,000 to 8,352 square feet in size (see Attachments 2 and
3 for project description). The project will be subject to an amendment to the Berry
Gardens Specific Plan.
PlanninQ Commission
The Planning Commission reviewed the project on March 19, 2002 (Attachment 4).
Commission comments focused on cumulative traffic impacts and the need for more
designated open space areas in Berry Gardens. In general, the Commission was in
favor of the project, finding that the overall layout makes sense.
Staff Advisory Committee (SAC)
The SAC reviewed the project on February 26, 2002 (Attachment 5). Issues discussed
included drainage, sewer, traffic, and consistency with the Berry Gardens Specific Plan.
Attachments:
1. Summary of Berry Gardens Specific Plan Subareas
2. Letter from applicant (February 25, 2002)
3. Tentative Tract Map
4. Planning Commission Meeting Minutes of March 19, 2002
5. SAC Meeting Notes of February 26, 2002
~
- ATTACHMENT 1
~
Summary of Berrv Gardens SDedfic Plan Subareas:
, Existing Proposed
Subarea Owner's Name Acreage Zone Zone UselUnits
~ 1 KawaokaIBaker 10.2 RR SFR-SP 51
KawaokaIBaker 21.7 SF SFR-SP 98
I KawaokaIBaker 5.6 RR PHR-SP 31
2 Toma 5.0 RR & SF RR & SF No Change
\
, Matsumoto 4.6 RR & GC RR & GC No Change
.J
I 4 Air Vol, et al 3.0 GC GC No Change
Subtotal Subarea 1 37.5 acres 180 max.
I Subtotal Subareas 2,3&4 12.6 acres To be determined by subsequent GP AfSP A
I TOTAL 50.1 acres
~ Exhibit No.2. SDecific Plan Subareas MaD
..J I II I I I I II I L.Ll.
I Grand Avenue , .
Subarea 3, Matsumoto
I Subarea 4, Air Vol, et al
x ...
Courtland Street Extension '"
j x
<
Poplar Street Ponding Basin '. . . .... .-. ....:..: .:.:...... .....
I ."'!::..' .;'..:~'.~~'!.:- ~..?,~.
Oak Park Boulevard ~ ~:~:'f~ :>~~;.o:::'~::~:'i~: ~.~::.~~;.~:
P.... ...../4.0~....
1 "Not a part"- ,..:.. ;.~~~~~. :.~~t;~~{~H~:~[N{~~i.
(In City of Grover Beach) 0.... .".", "0'".. ~ ?;:.(O.'
I Subarea 1, KawaokaIBaker
I Subarea t.,Toma tg
Ash Avenue
\ ~
t::
I - =
\ Berry Gardens Specific Plan 4
----.-
Mt-ESTLAND ATTACHMENT 2
1foCJsrJ:fI}~{?lt!JiJ;Rtr!!1aNY
75 ZACA LANE, SUITE 100 . SAN LUIS OBISPO, CA 93401
TELEPHONE: (805) 541-2394 . FAX: (805) 541-2439
February 25, 2002
Mr. Rob Strong, Community Development Director RECEIVED
c/o Community Development Department FES 2 5 2002
Arroyo Grande, CA 93421
CITY OF ARROYO GRANDE
RE: Matsumoto Property, APN # 077-131-008 COMMUNITY DEVELOPMENT DEPT.
Dear Mr. Strong,
Weare submitting a proposal for the Matsumoto property located south of Grand Avenue
at the western boundary of the City of Arroyo Grande and west of the Berry Gardens
Development. This property is designated as Subarea 3 in the Berry Gardens Specific
Plan. This 4.6 acre property is currently zoned Rural Residential and General
Commercial; the applicant is proposing a General Plan Amendment to the Land Use
Element to change Rural Residential to Single Family Residential and maintain the
General Commercial zoning.
The proposed Single Family Residential portion of the site is approximately 1.5 acres; the
proposed General Commercial portion of the site (designated on the proposed Tract Map
as the Remainder parcel) is approximately 3.1 acres. The applicant is proposing to
amend the Berry Gardens Specific Plan to include the nine residential lots; six (6) lots
would be located off of Strawberry A venue and three (3) lots would be located off of
Blackberry A venue. The development of these nine lots would be consistent with the
guidelines of the Berry Gardens Specific Plan. The lots range in size from 6,000 square
feet to 8, 352 square feet. Minor street improvements to Blackberry Avenue would be
required to accommodate the development of the three (3) proposed residential lots_
Strawberry Avenue would need to be extended and terminate in a cul-de-sac in order to
accommodate the development of the six (6) residential lots west of Strawberry Avenue.
Most likely this project would tie into the existing storm drainage system located on
Strawberry A venue and Blackberry A venue. This existing system terminates in a
drainage basin located at the southwest comer of Cranberry Street and Raspberry
A venue. However, there are potentially other options available; through this review
process, all options will be explored.
-.-..-
At this time, there is no specific project proposed for the development of the General
Commercial portion of the site. As discussed in our meeting with you on Wednesday,
February 20, 2002, at the time when a specific project is proposed for the General
Commercial portion of the site, another amendment to the Berry Gardens Specific Plan
would be submitted.
If you have any questions or concerns regarding the proposal for this site, please contact
Terry Orton or myself at 541-2394. We would be happy to meet with you and look
forward to working with you on-this project.
#~
Pamela Jardini
Senior Planner
ccl Dennis Allan
Kelly Heffernon
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MINUTES ATTACHMENT 4 PAGE 6
PLANNING COMMISSION
MARCH 19,2002
missioner Guthrie made a motion, seconded by Commissioner Brown to
appro the Amended Conditional Use Permit 02-001, revising Condition of
Approval . 61, to state UExisting overhead utility lines and poles shall be allowed
to remain alo the East Grand Avenue property frontage subject to approval of the
Public Works artment after consultation with PG&E, to maximize the
undergrounding of uti . s without the addition of any polesu and adopting:
LUTION NO. 02-1832
A RESOLUTION OF TH NNING COMMISSION OF THE
CITY OF ARROYO GRA APPROVING AMENDED
CONDITIONAL USE PERMIT CA NO. 02-001, LOCATED
AT 1070 GRAND AVENUE, APPLI
BUILDERS, INC.
AYES; Commissioner's Brown, Fowler, Keen, Guthrie an
NOES: None
ABSENT: None
The foregoing resolution was adopted this 19th day of March 2002
NON-PUBLIC HEARING - PRE-APPLICATION REVIEW 02-001; APPLICANT -
YONEJI & MASAKO MATSUMOTO; LOCATION - 1595 EAST GRAND AVENUE.
Staff Report by Kelly Heffernon.
Ms. Heffernon said Subarea 3 of the Berry Gardens Specific Plan is 4.6 acres in
size and has two underlying zoning designations. The applicant is proposing to
change the zoning of the 1.6-acre portion of the property, located immediately
north of the Berry Gardens development, from Residential Rural to Single-Family,
and to subdivide this property into nine lots. The lot sizes would be consistent
with the approved Berry Gardens subdivision, ranging from 6,000 to roughly 8,300
square feet. Strawberry Ave. would be extended and terminate in a cul-de-sac,
and drainage would likely be accommodated by hooking into the existing storm
drain system which then flows into the Berry Gardens Ponding Basin. She further
stated that the remaining 3-acre area zoned General Commercial fronting on East
Grand Avenue is not included in this proposal and would be subject to a separate
Specific Plan Amendment.
The Planning Commission had the following questions and concerns:
. Would the smaller lots really reflect more affordable housing and if not should
the lot sizes be consistent with the Development Code.
. Will there be enough drainage for this project.
. What was the original plan for this site when Berry Gardens was approved?
MINUTES PAGE 7
PLANNING COMMISSION
MARCH 19, 2002
Ms. Heffernon said the property owner did not wish to be included in The Berry
Gardens plan at the time.
Rob Strong explained the history of the Berry Gardens and the tract approval.
Terry Orton, representative, Westland Engineering, spoke giving the highlights of
the proposed project. In answer to the drainage question he said Berry Gardens
was sized to take care of this site also.
Commissioner Fowler stated the size of the lots could provide very desirable
homes, as many people do not want a large lot to take care of.
Commissioner Guthrie stated the layout for the project makes sense. He also said
he did not think there was any relationship between lot size and affordability
anymore because resources are being extended more and more and this affects
costs.
Commissioner Costello had concerns with traffic. He also had concerns with
available resources stating that it is the accumulation of development that has
effect on resources not the individual developments themselves.
Commissioner Keen expressed concern that many of the houses being built are for
young families with children, but when the density bonus goes up the lot coverage
goes up excessively and the park area is reduced, leaving no room for play area for
children. In this scenario he would like to see the park area increased to
accommodate the reduced play area on small lots.
The Planning Commission thought the project was overall a good fit for this site
and had no further comments.
N-PUBLlC HEARING - PRE-APPLICATION REVIEW 01-003; APPLICANT -
CE COAST PET EMERGENCY CLINIC; LOCATION - HALCYON ROAD &
FAEH AVE. ff report by Ryan Foster.
Ryan Foster prese the staff report giving the highlights of the project. He
stated that this project been before the Staff Advisory Committee and the
Architectural Review Committee he described their comments.
In answer to Commissioner Keen's que Ryan Foster explained that this project
was in a General Commercial zone.
In answer to Commissioner Brown's question, Rob Strong sa . the site plan would
be enhanced if the building was placed on the opposite end and t rking on the
Halcyon end. This would allow the building to screen the residential st (Faeh
Avenue).
SAC Meeting ATTACHMENT 5 DRAFT
February 26, 2002
Page 4
- Health Department approvals will be required for the hospital and a separate
rmit for medical gas.
- All ndard fees will be charged.
- All disa ed access requirements apply.
- If emerge vehicles are brought onto the site, fire lanes would need to be
posted and in . ated.
- One fire hydrant be installed.
Ms. McClish said a Lot Me r or if more than four lot lines are adjusted, a Tentative
Parcel Map would be required cause the building crosses lot lines. Ernie Kim said
the site is described as being one t. Ms. McClish said the City would need to see a
Title Report, but she thought this sit ad 10 underlying separate lots. Conditionally
this would not effect the plan. If a seco site were anticipated in the future then it
would be wise to address this now.
Ernie Kim said most of the time they only have o to three clients on-site at one
time. Ms. McClish told the applicant to submit a tter from a traffic engineer
showing trip generation to indicate the expected trips for
Rob Strong suggested that it might be advantageous to flip th whole plan for this
site, making it more visible to the freeway, improve access and building could
then shield the residential neighborhood from the freeway.
Staff had no other concerns. Ms. McClish recommended the applicant go
ARC.
Pre-Application Review 02-001; Applicant - Matsumoto Trust; Location - 1595 East
Grand Avenue. Staff Report by Kelly Heffernon.
Ms. Heffernon said this is a proposal to rezone a 1.6-acre portion of subarea 3 of the
Berry Gardens Specific Plan from Rural Residential (RR) to Single Family (SF) and
subdivide that property into nine lots. Ms. Heffernon said she was not sure what
was proposed for drainage.
Rob Strong said the drainage could be confirmed with Craig Campbell. The site is
downstream of the Poplar Ponding basin and would utilize the Berry Gardens ponding
basin.
Rodger Olds, Public Works, explained that S & S Homes is putting in some laterals
for this site, but with a condition that if they are not used they will have to be
removed and the street repaired.
Rob Strong asked whether a drainage easement to the south was needed or would
the cul-de-sac drain to the east.
SAC Meeting DRAFT
February 26, 2002
Page 5
Terry Orton said the cul-de-sac had been designed to drain to the east.
Rodger Olds-
. A traffic study would not be required for nine peak hour trips.
Rob Strong asked if the same sidewalk solution as Berry Gardens would be used.
Terry Orton said it would.
Rodger Olds said they may be able to refer to the existing Berry Gardens soils report
for any soils analysis.
Mr. Orton said they would probably go to the same engineer. They had not done the
topography yet.
Bob Arnet, Building-
. The well on site would have to be abandoned and removed and a demolition
permit and health department review would also be required.
. 1,000 gallons per minute fire flow for two hours would be required.
. Fire hydrants must be installed prior to bringing on site any combustible materials.
. Demolition permits required and all the fees paid.
Rodger Olds-
. There is an accepted Sewer Master Plan and the applicant will need to pay an
appropriate portion (mitigation fee).
Ms. Heffernon said this project should go forward to the March 19th Planning
Commission meeting.
Staff had no other concerns.
Pre-Application Review 02-002; Applicant - Don McHaney; Location - Farroll Ro
Staff Report by Kelly Heffernan.
Ms. Heffernon said this is a 10.03-acre parcel proposed to be . Iced into 25
residential lots ranging in size from 6,750 to 14,270 square . It is adjacent to the
Soto Sports complex and it has been suggeste at access for bicycle and
pedestrian paths be included. Underlyin Ing is Residential Suburban (RS)
(12,000 square foot minimum lots), he range of lot size could be varied by
Planned Development overlay.
Don McHaney s . . Itially the applicant had a proposal for 33 lots leaving a pathway
for bicycl nd a walkway to the Soto field. They now have 25 lots on the same
n r of acres and about 2 y,. -acres of open space.
11.d.
MEMORANDUM
TO: CITY COUNCIL
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER;t'
SUBJECT: CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING
ARROYO GRANDE MUNICIPAL CODE, CHAPTER 10.16 REGARDING
TRUCK PARKING
DATE: APRIL 23, 2002
RECOMMENDATION:
The Traffic Commission recommends the Council introduce for first reading an
Ordinance of the City Council of the City of Arroyo Grande amending, Chapter 10.16 of
the Arroyo Grande Municipal Code.
FUNDING:
Additional signage due to the adoption of the proposed amendment will result in funding
impacts. The Traffic Commission has advised that seven proposed signs associated
with establishing vehicle height restrictions on EI Camino Real be installed for a total
estimated cost of $560. This can be accommodated in the FY 2001/02 Public Works
operating budget.
DISCUSSION:
Under the advisement of the Traffic Commission, the Public Works Department
developed the proposed ordinance to prohibit commercial truck parking along the north
and south sides of EI Camino Real between Bell Street and Cornwall Avenue. The
proposed ordinance is the culmination of discussions and public input received during
the Traffic Commission meetings held between October 2001 and February 2002 (see
attached copies of meeting minutes).
Local business owners along EI Camino Real believe that commercial truck parking
along their property frontages negatively affects their businesses, is visually
unappealing, creates noise disturbances that upsets their customers, and provides a
negative image for visitors as they enter the City. The Traffic Commission evaluated
their concerns and weighed the alternatives against the existing Municipal Code and
the California Vehicle Code and requests that staff provide solutions to address the
business owners' concerns.
M___.'_.__
CITY COUNCIL
CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING
ARROYO GRANDE MUNICIPAL CODE, CHAPTER 10.16 - "PARKING"
APRIL 23, 2002
PAGE 2
The proposed ordinance was established to limit commercial truck parking within the
public rights-of-way. The elements of the ordinance are as follows:
. Prohibit parking of vehicles over six (6) feet in height when applicably signed.
The California Vehicle Code enables cities to limit vehicle height to six (6)
feet in areas specifically addressed by city ordinance or resolution. The other
options, such as time limitations, require additional Police Department
manpower to enforce, as they must first mark the tires then monitor the
position of the vehicle. The under six-foot restriction would provide clear
enforcement for the Police Department.
. Prohibit parking of vehicles transporting hazardous waste and hazardous
materials in accordance with federal regulations.
Although part of the Califomia Vehicle Code, vehicles transporting hazardous
waste are not addressed in the existing Municipal Code. The proposed
ordinance brings the Municipal Code in line with the California Vehicle Code.
Vehicles transporting hazardous waste have routinely parked along the noted
section of EI Camino Real.
. Prohibit parking of unattended commercial trailers that are not connected to
motorized vehicles.
A number of commercial truck drivers leave their unattended trailers along
the noted section of EI Camino Real for several days at a time. The
proposed ordinance eliminates all unattended commercial trailers within the
right-of-way except trailers that are used for construction purposes.
Construction vehicles are addressed in Section 10.16.110 of the Municipal
Code.
The proposed code amendments will prohibit vehicles transporting hazardous materials
and unattended or unattached commercial trailers from parking within the City limits.
Parking will also be restricted for vehicles six feet in height only where signed. The
Traffic Commission reviewed and concurred with the proposed ordinance at their
meeting on April 15, 2002.
The proposed ordinance will be used to address truck parking concerns on EI Camino
Real from Bell Street to Cornwall Avenue. However, Commissioner Pilkington stated a
preference for truck parking on the north side of EI Camino Real believing that trucks
should still be permitted to park on the freeway side.
CITY COUNCIL
CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING
ARROYO GRANDE MUNICIPAL CODE, CHAPTER 10.16 - "PARKING"
APRIL 23, 2002
PAGE 3
The availability of appropriate locations for truck parking remains an issue. The City
received comments from a local resident in the trucking business who expressed
difficulty in finding parking locations for his truck. Staff reviewed potential alternatives.
There are a limited number of truck parking opportunities available within the City on a
commercial basis. There are also facilities available in San Luis Obispo. As a result of
the proposed restriction, truck parking may become an issue at other sites around the
City in the future.
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
. Approve the Traffic Commission's recommendation;
. Restrict parking on one side of EI Camino Real only;
. Do not approve the Traffic Commission's recommendation;
. Modify the proposed amendment as appropriate; or
. Provide direction to staff.
Attachments:
1. Draft Ordinance
2. Traffic Commission Staff Report dated February 25, 2002
3. Traffic Commission Minutes dated:
November 19, 2001
January 14, 2002
February 25, 2002
Attachment 1
ORDINANCE NO.
A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AMENDING ARROYO GRANDE MUNICIPAL CODE
CHAPTER 10.16 REGARDING TRUCK PARKING
WHEREAS, local business owners requested the elimination of truck parking along both
sides of EI Camino Real between Bennett Street and Cornwall Avenue due to excessive
noise from trucking operations, negative visual impacts, and trash accumulation, and
the request was formally agendized and presented to the Traffic Commission for
consideration and a recommendation; and,
WHEREAS, the Traffic Commission concurs with the concerns expressed by local
business owners as above described and recommended that the Municipal Code
provisions regarding parking restrictions within the public rights-of-way be modified to
address vehicles over six (6) feet in height, vehicles transporting hazardous materials
and hazardous waste, and unattended commercial trailers.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
DOES ORDAIN AS FOLLOWS:
SECTION 1: Sections 10.16.065 and 10.16.095 of the Arroyo Grande Municipal Code
are hereby added and Section 10.16.090 is hereby amended in its entirety, all as shown
in Exhibit A attached hereto and incorporated by this reference as though set forth in
full.
SECTION 2: If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Ordinance or any part thereof is for any reason held to be unlawful, such
decision shall not affect the validity of the remaining portion of this Ordinance or any
part thereof. The City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of
the fact that anyone or more section, subsection, subdivision, paragraph, sentence,
clause or phrase be declared unlawful.
SECTION 3: A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed ordinance is to be adopted. A certified copy of the full
text of the proposed Ordinance shall be posted in the office of the Director of
Administrative Services I Deputy City Clerk. Within (15) days after adoption of the
Ordinance, the summary with the names of those City Council Members voting for and
against the Ordinance shall be published again, and the Director of Administrative
Services I Deputy City Clerk shall post a certified copy of the full text of such adopted
Ordinance.
SECTION 4: This Ordinance shall become effective thirty (30) days after its adoption.
ORDINANCE NO.
PAGE TWO
On motion of Council Member , seconded by Council Member ,
and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was passed and adopted this day of ,
2002.
ORDINANCE NO.
PAGE THREE
MICHAEL A. LADY, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
EXHIBIT A
Add the following municipal code sections:
10.16.065 Limited parking - Vehicles over six feet in height in
public right.of-way
Parking of vehicles that are six (6) feet or more in height within the public right-of-
way is prohibited in areas designated by the Council. This prohibition shall apply
where signs or markings giving have been placed in accordance with the
conditions of California Vehicle Code Section 22507.
10.16.095 Prohibited parking within public right-of-way - Vehicles
transporting hazardous waste and hazardous materials
It is unlawful to park, or cause to be parked, within a public right-of-way, vehicles
transporting hazardous waste or hazardous materials for which display placards
or markings required, pursuant to California Vehicle Code Section 31303.
Amend the following code section:
10.16.90 Parking trucks in public rights-of-way iR F8sili8R1ial
ar:saE
9.Llt is unlawful to park, or cause to be parked, within a public right-of-way in any I
residential area of the City, or in an area specifically designated by rosolution of
the Council in accordance with Section 10.16.050, any commercial vehicle with a
gross weight of ten thousand (10,000) p9unds or any commercial trailer or semi
trailer with an overall length of twenty (20) feet or more.
b) Unattended commer::lal trailers will be subject to removal from the public
riqht-of-wav in accordance with section 10.16.130. it is unlawful to park, or cause
to be parked, within the oublic riqht-of-wav unattended commercial trailers that
are not attached to a mOlorized vehicle.
MEMORANDUM Attachment 2
TO: TRAFFIC COMMISSION
FROM: r1~
DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER P
SUBJECT: REQUEST TO RESTRICT TRUCK PARKING ON EL CAMINO REAL AT ECONO
LODGE
DATE: FEBRUARY 25, 2002
RECOMMENDATION:
It is recommended the Traffic Commission advise the Public Works Department to:
1) Implement parking restrictions on the west side of EI Camino Real from Bell Street to Cornwall
Avenue to prohibit the parking of vehicles above 6'-0" in height.
2) Prepare an ordinance to prohibit vehicles carrying hazardous materials, in accordance with
federal regulations, and to prohibit parking of unauthorized trailers. Present the ordinances to
the Traffic Commission for review.
3) Install signage to prohibit parking along the barrier rail on the east side of EI Camino Real
south of the Arroyo Grande Village Inn Bed and Breakfast.
4) Enforce existing citywide restriction on maximum 72 hour parking limitation.
FUNDING:
Installing seven signs at $80 per sign is estimated to cost $560. This can be accommodated in the
Fiscal Year 2001/2002 budget.
DISCUSSION:
At the November, 2001 and January, 2002 Traffic Commission meetings, the Commission heard
comments from business owners of the Econo Lodge and the Arroyo Grande Village Inn Bed and
Breakfast on EI Camino Real. The owners expressed concerns regarding routine truck parking on the
roadway fronting their businesses resulting in obscured sight distance at driveways, blocking of
roadway signs, negative visual impacts to the City and excessive noise at night that disturbs motel
and inn customers.
Based on comments from the Police Chief and a review of the vehicle code, staff developed
recommendations to enable the Police Department to issue citations without having to continually
return to the area to verify whether parking time restrictions are exceeded (See Attachment 1). The
parking modifications would address the needs of the motoring public, and most of the concerns of
the motel and the inn while still allowing a limited amount of truck parking on the west side of EI
Camino Real.
The California Vehicle Code (CVC) sections regarding parking regulations were researched, as well
as Federal Register 49 CFR pertaining to hazardous materials, specifically, parking of vehicles
transporting hazardous materials. Pertinent sections of the CVC are included as Attachment 2.
These sections address parking restrictions by height and weight of vehicle, and the prohibition of
commercial vehicles parking in Park and Ride lot facilities. Please note that "truck" is not defined in
the CVC, therefore restrictions specific to vehicle height and weight are necessary to restrict the
parking of specific vehicle types. Attachment 3 is 49 CFR 397.7, which prohibits truck parking within
5 feet of public traveled way except when "necessities of operation require the vehicle to be parked
and make it impracticable to park the vehicle in any other place." The exception would not apply to
trucks carrying hazardous materials parked in front of the motel, because there are no identifiable
necessities of operation that would require a truck to park overnight at that location, orto drop a trailer
at that location. Therefore, trucks displaying hazardous material placards parked at that location
appear to be in violation offederal regulations for the transportation of hazardous materials by motor
carriers.
Staff will prepare an ordinance, referencing the applicable federal regulations and vehicle code
sections, to enable the Police Department to cite illegal parking of hazardous material vehicles.
Similarly, staff will prepare an ordinance to prevent parking of unattended unhitched trailers and other
non-motorized vehicles within the right-of-way. Staff will present the ordinances to the Traffic
Commission to review prior to presentation to City Council.
Public Works reviewed this information with the Police Department and they concur with the
recommendations.
AL TERNA TIVES:
1. Approve staffs recommendations;
2. Do not approved staffs recommendation;
3. Modify staffs recommendations;
4. Provide dir!,!ction to staff.
Attachments:
1. Recommended Parking Modifications
2. California Vehicle Code Excerpt
3. 49 CFR 397.7 (Federal Register pertaining to Hazardous Material Parking)
4. Letter, Econo Lodge to Traffic Commission
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CALIFORNIA VEHICLE CODE
31301
(a) No person shall transport any explosive substance, flammable liquid, liquefied
petroleum gas or poisonous gas in a tank truck, trailer, or semitrailer through the
Caldecott Tunnel located on State Highway, Route 24, near the Alameda-Contra Costa
County boundary, connecting Oakland with Contra Costa County in the East Bay area
at any time other than between the hours of 3 a.m. to 5 a.m.
(b) The Department of Transportation may, in compliance with the requirements of Article
1 (commencing with Section 22400) of Division 11, determine and declare a reduced
speed limit, lower than the maximum speed of 55 miles per hour, found most
appropriate for traffic safety between the hours of 3 a.m. and 5 a.m.
(c) Nothing in this section shall be construed as a limitation or restriction on the power of
the Department of Transportation, conferred by any other provision of law, to adopt
regulations with regard to the movement of vehicles, including, but not limited to, tank
truck vehicles transporting any cargo specified under subdivision (a) through the
Caldecott Tunnel.
If, pursuant to any such other law, the Department of Transportation adopts or amends
regulations after the effective date of this section, which adopted or amended
regulations govern the movement of vehicles subject to subdivision (a), then on the
operative date of those regulations, this section shall no longer be operative.
31303.
(a) The provisions of this section apply to the highway transportation of hazardous
materials and hazardous waste for which the display of placards or markings is
required pursuant to Section 27903. This section does not apply to hazardous
materials being transported on specified routes pursuant to Section 31616 or 33000.
(b) Unless restricted or prohibited pursuant to Section 31304, the transportation shall be
on state or interstate highways which offer the least overall transit time whenever
practicable.
(c) The transporter shall avoid, whenever practicable, congested thoroughfares,
places where crowds are assembled, and residence districts as defined in
Section 515.
(d) Vehicles used for the transportation shall not be left unattended or parked
overnight in a residence district as defined in Section 515.
(e) When transporting hazardous waste pursuant to Section 25169.3 of the Health and
Safety Code, all provisions of the waste hauler transportation safety plan, as approved
by the State Department of Health Services, shall be complied with.
-- "::::: -20-02 10:09A Caltrans SLO Info Service B05
549 3007 P.02
5397.7 Parking.
(a) A motor vehicle which contains Division 1.1, 1.2, or 1.3 materials must not be par1\ed under any 01 the
following circumstances--
(a)(1) On or within 5 feet of the traveled portion of a public street or highway;
(a)(2) On private property (including premises of a fUeling or eating lacilKy) wMhout the knowledge and
consent of the person who is in charge ofthe property and who Is aware 01 the nalu... of the hazaraous
materials the vehicle contains; or
(a)(3) Within 300 leet 01 a bridge, tunnel, dwelling, or place where people work. congregate, or assemble,
e><<:ept for briel periods when the necessKies of operation require the vehicle to be parked and make it
impraclicable to park the vehicle In any other place.
(b) A motor vehicle which contains hazardous materials other than Division 1.1, 1.2, or 1.3
materials must not be parked on or within five feet of the traveled portion of public street or
highway except for brief periods when the necessities of operation require the vehicle to be
parked and make it impracticable to park the vehicle In any other place.
[59 FR 13925, Dec. 12, 1994],
I j) ~ ,-, Ii
iI; I r
,
I
-.
Econo Lodge
611 EI Camino Real, Arroyo Grande, CA 93420
Tel (805) 489 9300. Fax (805) 473 8318
Januaryl4th, 2001
TRUCK PARK1NG ON EL CAMINO REAL BETWEEN BELL AND BARNETT
The City recommendation, to restrict parking to :1 hour limits on the west side of El Camino
Real, will not remove the problem of truck parking.
Overview
Trucks park on both sides ofEI Camino Real between Bell and Barnett. They utilize both sides
ofthe road 24 hours a day. The average stay for most regulars is 10-14 hours, with others staying
several days at a time.
The parking of trucks adversely affects the image of Arroyo Grande as well as the Econolodge
and the Arroyo Grande Bed & Breakfast, decreasing revenues.
Proposal
Both sides ofEI Camino Real require regulation to stop overnight truck parking.
The minimum requirement for the east side of the street is "no overnight" parking signage,
changing just the west side of the street to "2 hours only" will not alter the situation. The 1 & R
Lawson gasoline tankers, FritoLay and several Westmark vehicles use the street for their daily
off hours and will just line up on the east side of the street if the signage stays the same. The
occasional transient who parks up to live/sleep in his vehicle will also not be stopped.
Signage needs to be extended to the end of the "park and ride" section to stop trucks squeezing
between signed' areas.
The small western portion ofEI Camino Real fi'om Bennett to the Arroyo Grande Bed &
Breakfast needs some form of parking restriction, or trucks will park in this space, as they do at
present, obscuring the road.
0fA ,.
Sincerely, Clive Harrison
1
Econo Lodge, 611 EI Camino Real, Arroyo Grande, CA 93420
Tel (805) 489 9300. Fax (805) 473 8318
February 22,2001
To Members of the Traffic Commission
Copy City Manager
TRUCK PARKING ON EL CAMINO REAL BETWEEN BELL AND BARNEIT
I am very disappointed and upset to be writing once again to the traffic commission. I am writing
without having seen the actual proposal but in response to a phone conversation with Don
Spagnolo who reviewed his recommendation with me. I do not believe that his recommendations
match the work that you asked him to do and therefore I am making a counter proposal.
I believed that the consensus opinion, as expressed at the last traffic commission meeting and
recorded in the minutes, was that Don Spagnolo was charged with finding the correct signage to
remove all truck and trailer parking from both the sides ofEI Camino Real between Bell and
Barnett.
This is not the proposal that has been returned to the commission for consideration.
The City recommendation, to restrict parking to vehicles under 6 feet on the motel side ofEl
Camino Real and continue with the 12 hour limit on the freeway side of the street, will not
remove the problem of truck parking as presented to the commission. The City of Arroyo
Grande, the Econolodge and the Arroyo Village Inn Bed and Breakfast need to upgrade this area
now. Waiting a further undefinable period for ordinance changes is not reasonable.
Counter Proposals
Motel side ofEI Camino
As discussed in the meeting a 6 ft rule is messy, it excludes R V s and SUY s from the street yet
still permits fla,t bed trailers. This option is also complicated for the police to enforce ~ they'll
have to carry 6ft measures to be sure they are being fair!
Signage removing all commercial vehides would be a far deaner solution and much more
readily enforceable.
Freewav side ofEI Camino
The recommendation before the commission represents no change from the present. This means
that trucks will continue to park at will. I believe that this will lead to those trucks unable to find
space spreading up the side roads and becoming a local nuisance. The 12 hour rule is un-
enforced by police and will no doubt continue to be so.
Signage to remove all commercial vehieles from the street will remove this problem. As a
minimum the freeway side of the street needs no overnight parking, preferably between
6pm and 6am.
Conelusion
"No Parking for Commercial Vehieles" signage on both sides ofEI Camino Real fits the
consensus opinion of the Traffic Commission as I undentood it at the last meeting. Also,
the Chief of Police wants something that is all encompassing, legally enforceable that an
officer can handle on a one-stop basis. This proposal meets these criteria.
I hope that this matter can be resolved swiftly to the benefit of Arroyo Grande's image as well as
that of the Econolodge and Arroyo Village Inn. CITY OF
Sincerely, Clive Harrison r ARROYO GRANDE
0n I FEB 22 2002
PUBLIC WORKS DEPT.
TRAFFIC COMMISSION Attachment 3 NOVEMBER 19, 2001
PAGE TWO OF THREE
After discussl , d b Commissioner Tappan, seconded by Commissioner Jensen and
unanimously carried to advised sta d curb on the south side of Newport Avenue
50'.
REQUEST FOR RESTRICTED TRUCK PARKING ON EL CAMINO REAL
Ms. Romano indicated that staff received a letter from Mr. Clive Harrison, owner of the Econo
Lodge Motel noting frequent on-street parking of tractor-trailers for extended periods along the
portion of EI Camino Real fronting the motel. She referred to the staff report dated November 19,
2001, which shows the analysis and recommendations addressing Mr. Harrison's requests.
Ms. Romano indicated that the Commission advises staff to study tractor-trailer parking issues in
the pending study for EI Camino Real (initiated by the Chamber of Commerce); advise staff to
enforce existing truck parking restrictions; and deny the request for red curb at the EI Camino Real
intersections with Barnett and Bell Streets.
The meeting was opened to the public: Clive Harrison, owner of Econo Lodge, 611 EI Camino
Real, said the biggest concern is the truck parking and the image of Arroyo Grande as a whole.
He stated that none of the truck's driver stays at the Lodge. The trucks leave at 2 or 3 am and
trucks are using this area as a freight yard. He said that across the street from the lodge are lots of
bags of trash, and landscaping needs to be improved. He also reported that big trucks park across
the Park and Ride lot and in adjacent residential areas. He said that he would fund the signs.
Gina Glass, 407 EI Camino Real, Arroyo Village Inn Bed & Breakfast, concurred with Mr.
Harrison's comments and said this has been a problem for the past 12 years.
Chris Morgan, Pis/TIo Beach said that it is not very welcoming to have a truck start up in the middle
of the night.
Mr. Spagnolo said that staff needs to take a look at the options and signs and look at the issues.
He said that staff needs to look at closely, as the problem may move to another location.
The Commissioners concurred that something needs to be done, as there is a problem at this
location with the truck parking.
After discussion, it was moved by Commissioner Scott, seconded by Commissioner Tappan and
unanimously carried that this section of EI Camino Real be included in the current study initiated by
the Chamber of Commerce) from Grand Avenue to Oak Park Boulevard and that staff research
and find a solution to overnight truck parking on EI Camino Real and further deny the request for
red curb at EI Camino Real intersections with Barnett and Bell Streets, and deny the request for 6'
height limit signs.
Sf FOR CONVEX MIRROR ON EL CAMINO REAL
Ms. Romano aff received a letter dated September 28, 2001 from Ms. Carol Good,
requesting improvements ce visibility at the transitional curve from EI Camino Real to
Barnett Street. She is suggesting a co . or as an alternative. Ms. Romano indicated that
this request be denied and advice staff to investig ossibility of trimming shrubbery to
improve sight distance for the driveway entering the EI Camino tt Street intersection.
She also suggested moving the mailboxes back.
TRAFFIC COMMISSION JANUARY 14, 2002
PAGE TWO OF FIVE
eeting was opened to the public but there were no comments.
ensen questioned the speed limit on EI Camino Real.
Commissioner Borda a if staff is going to address the concerns addressed in the letter from
the businesses at 1555 EI 'no Real included as an attachment to said staff report. Ms.
Romano responded that to thorou address this item, speed surveys will need to be performed
in addressing the 45 mph speed limit, with the issue of difficulty making left turns out of the
driveway, there is a sight distance issue at t riveway. She indicated that said letter would be
addressed after staff has performed a speed su Chief TerBorch indicated that the Police
Department does not conduct speed surveys. The lic Works Department conducts the
surveys.
After discussion, it was moved by Commissioner Tappan, seconded by missioner Borda and
unanimously carried to modify parking restrictions on the east side of EI C . 0 Real north of
Brisco Road to prohibit parking between the hours of 10:00 pm and 2:00 am, remo he 25 mph
pavement markings, and advise staff to conduct a speed survey to investigate and docum
speeds on EI Camino Real between Brisco Road and Oak Park Boulevard.
REQUEST FOR RESTRICTED TRUCK PARKING ON EL CAMINO REAL
Mr. Linn indicated that this was continued from the November 2001 meeting, The Commission
heard comments from business owners of the Econo Lodge and a bed and breakfast inn south of
Halcyon Road on EI Camino Real. They are concerned with routine truck parking on the roadway
fronting their businesses, resulting in obscured sight distance at driveways. trucks blocking
roadway signs, negative visual impacts to the City and excessive noise at night that disturbs motel
customers.
Ms. Romano highlighted the January 14, 2002 staff report concerning parking on EI Camino Real.
She identified the following alternatives: Install 2-hour parking restrictions along the southbound
lanes between Bell Street and Bennett Avenue, install red curb at the curb return of OaklBenneWEI
Camino Real intersections and at intersection approaches to improve sight distance, and enforce
12-hour parking restriction adjacent to the northbound lanes and any City Codes pertaining to
disabled vehicles parked on City streets for the detached trailers.
The subject item was opened to public discussion and the following people provided comments:
Clive Harrison, owner of the Econo Lodge Lodge at 611 EI Camino Real, said he would like to see
no over night parking allowed on the east and west side of EI Camino Real and would like to see 2-
hour parking. He believes the truckers are operating their business from the street and have a
negative impact to Arroyo Grande. Clive believes the truck parking is causing a loss of revenue for
the Econo Lodge as the drivers are essentially using this section of EI Camino as their personal
freight yard. Many drivers leave their trailers parked on the street for days at a time.
Gina Glass, Arroyo Village Inn Bed and Breakfast, 407 EI Camino Real, concurred with Mr.
Harrison's comments and said this problem affects her business also.
Commissioner Jensen asked how the trucks can use public parking as their yard. Mr. Spagnolo
said that the roadway is pUblic right of way and public property; however, if there is not a truck
attached to the trailer, the trailer should not be parked there.
TRAFFIC COMMISSION JANUARY 14, 2002
PAGE THREE OF FIVE
Chief TerBorch stated that this has been a sensitive issue. He said the former owners of the
Econo Lodge solicited trucks to park there and stay over night. Chief TerBorch suggested staff
draft an ordinance to prohibit certain size vehicles being able to park over night. He suggested
restrictive parking instead of time restrictions, as the Police Department cannot routinely enforce
the time limits.
Commissioner Borda indicated he liked the Chiefs idea; both sides of EI Camino Real needs to be
looked at, and is concemed with the businesses and appearance of EI Camino Real.
Commissioner Pilkington said the more trucks you have, the greater noise factor. He prefers
prohibiting truck parking on the west side of EI Camino Real and allow commercial parking on the
east side of EI Camino Real, but prohibit them from leaving their trailers.
Commissioner Tappan said trucks should park in an industrial area and also likes the Chiefs idea.
He suggested that the trucks park in front of Sebastian Oil Distribution, 1131 EI Camino Real.
After discussion, it was the consensus of the Commission that staff research applicable ordinances
and Vehicle Codes conceming weight, height and other vehicular parking restrictions. Staff will
then meet with representatives of the Police Department to determine suggestions for parking
restrictions on both sides of EI Camino Real between Bennett and Faeh Streets. Staff will report
the results at the February 25th Commission meeting.
QUEST TO MONITOR PARKING PATTERNS
Ms. omano indicated staff received a petition from residents on Oak Street within the area
bound by EI Camino Real East Grand Avenue and North Halcyon Road stating that the
businesse long East Grand Avenue have not provided adequate parking for their employees
thus forcing tlj mployees to find alternate parking within the residential streets. She said staff is
recommending th monitoring and documenting the parking patterns over a sixty day period be
performed to fully res ch the issue and provide recommendations, if applicable.
The subject item was opene the public but there were no comments.
Commissioner Borda asked if the usinesses have been contacted to try and alleviate the
problem. He said the employers might t be aware that the employees are parking in the above
area.
Commissioner Scott asked if it is known whether sinesses are parking in the residential area.
Ms. Romano indicated that most of the vehicles are fro businesses on East Grand Avenue.
After discussion, it was the consensus of the Commission to itor the parking along Oak Street
and contact each business owner along East Grand Avenue alert them of the residents
concerns.
REQUEST TO INSTALL RED CURB ON FAIR OAKS EAST OF
CROSSWALK
Ms. Romano indicated that staff received a letter from Mr. Morris Bailey requestin hat the City
install red curb on the northwest corner of the Fair Oaks/Halcyon Road intersection. he letter
noted that parked vehicles often encroach upon the crosswalk to Harloe Elementary hool,
causing children to walk near Halcyon Road through lanes around the illegally parked vehicles.
TRAFFIC COMMISSION FEBRUARY 25, 2002
ARROYO GRANDE, CALIFORNIA 7:30M
issioners present: Gary Borda, Derril Pilkington, and Heather Jensen.
sent: Kirk Scott and George L Tappan.
Director of Public Works . ngineer Don Spagnolo; Traffic Consultant Kim Romano; Police
Commander Steve Andrews; Assl t City Engineer Michael Linn; and Traffic Commission Clerk
Debbie Weichinger.
PUBLIC COMMENT
None
APPROVAL OF MINUTES FOR JANUARY 14, 2002
It was moved by Commissioner Borda, seconded by Commissioner Pilkington unanimously
carried to approve the minutes for the meeting of January 14, 2002. REQUEST FOR RESTRICTED TRUCK PARKING ON EL CAMINO REAL - CONTINUED FROM
JANUARY 2002
Ms. Romano indicated that at the November 2001 and January 2002 Commission meetings, the
Commission heard comments from business owners of the Econo Lodge and the Arroyo Grande
Village Inn Bed and Breakfast on EI Camino Real. The owners expressed ,concerns regarding
routine truck parking on the roadway fronting their businesses which result in obscured sight
distance at driveways, blocked roadway signs, negative visual impacts to the City and excessive
noise at night that disturbs motel and inn customers.
Based on comments from Chief TerBorch and a review of the vehicle code, staff developed
recommendations ,to enable the Police Department to issue citations without having to continually
return to the ares to verify whether parking time restrictions are exceeded. The parking
modifications would address the needs of the motoring public, and most of the concems of the
motel and the inn, while still allowing a limited amount of truck parking on the west side of EI
Camino Real.
Ms. Romano indicated that staff researched the Vehicle Code sections regarding parking
restrictions. These sections address parking restrictions by height and weight of vehicle, and the
prohibition of commercial vehicles parking in Park and Ride lot facilities. Since trucks are not
defined in the Vehicle Code, restrictions specific to vehicle height and weight are necessary to
restrict their parking.
Ms. Romano further indicated that the Federal Register 49 CFR, pertaining to vehicles transporting
hazardous materials, prohibits truck parking within five feet of public traveled way except when
"necessities of operation require the vehicle to be parked and make it impracticable to park the
vehicle in any other place". Trucks displaying hazardous material placards parked along EI
Camino Real appear to be in violation of the federal regulations. Ms. Romano presented the
following staff recommendations: Implement parking restrictions on the west side of EI Camino
Real from Bell Street to Cornwall Avenue to prohibit the parking of vehicles above 6'.0" in height,
prepare an ordinance to prohibit vehicles carrying hazardous materials in accordance with federal
regulations, prohibit parking of unauthorized trailers, install signage to prohibit parking along the
barrier rail on the east side of EI Camino Real south of the Arroyo Grande Village Inn Bed and
Breakfast, and enforce existing Citywide restriction on maximum 72 hour parking limitation.
TRAFFIC COMMISISION FEBRUARY 25, 2002
PAGE TWO OF FOUR
Staff will present the ordinances to the Traffic Commission for their review prior to presenting them
formally to the City Council.
Ms. Jensen asked if the hazardous material ordinance would be enforced Citywide and asked
whether the signs would make police enforcement easier. Mr. Spagnolo responded that the
ordinance would be enforced Citywide. He said that the signs would read as "No Vehicles Over 6'
in Height". Mr. Spagnolo indicated yes, which is a clear direction to simplify police enforcements.
The subject item was opened to public discussion and the following people provided comments:
Clive Harrison, owner of the Econo Lodge at 611 EI Camino Real, said he was under the
impression that the motion was to ban truck parking from both sides of the street on EI Camino
Real. He indicated that staffs recommendations do not address the concems of noise and the
negative impact (image) for the businesses of Arroyo Grande. Clive said he would like the 6'
height restriction applied to both sides of EI Camino Real. He also said his business contributes
approximately $50,000 to the City in taxes.
Tom Rune's, 586 Valley Road, said that the 6' height restriction would affect patrons with RVs,
dune buggies. etc. staying at the Econo Lodge from parking on EI Camino Real. He believes that
allowing the truck parking would not reduce the noise due to the adjacent freeway and commercial
area. .
<-. ., Gina Glass, Arroyo Village Inn Bed and Breakfast, 407 EI Camino Real, supports Econo Lodge
,,- .. and wants to'see large trucksremoved since it similarly affects her business. She further said this
has a negative impact and if you only eliminate truck parking on one side of EI Camino Real it just
postpones the issue. She stressed that the 6' height restriction should be implemented on both
sides of EI Camino Real,
Commissioner Borda said that Mr. Harrison's main concerns were the hazardous waste trucks,
cattle trucks, and the noise level. Part of his concerns will be resolved with staffs
recommendations but the noise will still be there due to the adjacent freeway. Mr. Harrison
interjected that the trucks will be allowed to park on the west side will still cause a visual impact.
Commissioner Borda asked staff why they were. not recommending restricting truck parking on the
west side of EI Camino Real. Mr. Spagnolo answered that he believed the trucks would find
another place to park, essentially moving the problem to another area in the City.
The Commissioners discussed staffs recommendations. Commissioner Jensen asked if staff
considered RV's when looking at the height restriction. Mr. Spagnolo indicted that the RV's and
service trucks were reviewed.
Mr. Runels inquired about using the weight restriction. Mr. Spagnolo explained that the Police
Department would not have a way to verify the weight of the trucks. The Police Department
preferred the height restriction over the weight restriction.
Commissioner Pilkington asked about the 72-hour parking enforcement. Commander Andrews
said that this is typically by complaint. Commissioner Borda asked staff to brief him on the
restricted parking in front of Sebastians, and the west side of EI Camino Real, as the City needs to
be consistent. Mr. Spagnolo said that those businesses had no on-site parking. Mr. Spagnolo
TRAFFIC COMMISSION FEBRUARY 25, 2002
PAGE THREE OF FOUR
said that trucks were parking there until 8:00 am, taking up the employee and customer parking:
therefore the restricted parking was established. He indicated that recently the businesses have
requested the parking restrictions to be changed to 10:00 pm to 2:00 am.
After discussion, it was moved by Commissioner Borda, seconded by Commissioner Jensen to
1) implement parking restrictions on the west and east side of EI Camino Real from Bell Street to
Cornwall Avenue to prohibit the parking of vehicles above 6'-0" in height, 2) prepare an ordinance
to prohibit vehicles carrying hazardous materials, in accordance with federal regulations, and to
prohibit parking of unauthorized trailers, 3) install signage to prohibit parking along the barrier rail
on the east side of EI Camino Real south of the Arroyo Grande Village Inn Bed and Breakfast, 4)
enforce existing Citywide restriction on maximum 72 hour parking limitation. Staff will present the
ordinances to the Traffic Commission for review prior to formally presenting them to the City
Council. Upon roll call vote: A YES: Commissioners Jensen and Borda, NOES: Commissioner
Pilkington, ABSENT: Commissioners Scott and Tappan.
EQUEST TO PROHIBIT PERMITTED RIGHT TURN FROM SOUTHBOUND EL CAMINO REAL
0 o WESTBOUND OAK PARK
Ms. ano indicated that staff received a letter from Mr. Hutchison, dated November 27, 2001
requestin installation of a "No Right Turn On Red" sign from eastbound ,EI Camino Real to
southbound k Park Boulevard. The letter states that there are instances where the subject right
turning vehicles eate a potential for collisions with the southbound vehicles.
Ms. Romano indicate hat the prohibition of the right turn on red would change the overall Level of
Service (LOS) of the in ection to LOS D and the southbound right to LOS E. The overall
intersection delay would inc se accordingly. Staff recommended denying the request.
It was moved by Commissioner a, seconded by Commissioner Pilkington and unanimously
carried to deny the request to instal "No Right Turn On Red" sign for southbound EI Camino
Real to eastbound Oak Park Boulevard.
REQUEST TO INSTALL RED CURB ON MO NG RISE LANE
Mr. Linn indicated that staff received a letter d d December 30, 2001 from Irene Trimmers
requesting that the City investigate ways to impro sight distance when backing out of the
driveway at 523 Morning Rise Lane. The letter states t a retaining wall partially obscures the
sight distance, the situation is exacerbated when large hicles are parked adjacent to the
driveway, and that the vehicles are typically accelerating as th proceed down the hill toward the
driveway at said address.
Mr. Linn indicated that staff visited the site, checked the sight distance , nd shot photographs of
the existing condition. Based on this research, staff determined that re is adequate site
distance to observe vehicles making the northbound tum on Morning Rise Ian . a car backing out
of the driveway momentarily stops to check the line of site upon reaching the Sf walk. He said
that staff reviewed the original development plans for this tract and the location 0 e wall is in
conformance with the plans. There is adequate roadway width to accommodate on-str t parking
on both sides of the roadway.
It was moved by Commissioner Pilkington, seconded by Commissioner Borda and unanimous
carried that the sight distances for 523 Morning Rise Lane are adequate and that no further action
is required.
- ____m._
11.e.
MEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER~ ~~
ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR, .
SUBJECT: CONSIDERATION OF IMPLEMENTING A PROCESS TO
MONITOR NIPOMO INCORPORATION ACTIVITIES
DATE: APRIL 23, 2002
RECOMMENDATION:
It is recommended the City Council receive information and direct staff to
proceed to implement the proposed process for monitoring planning activities
related to potential incorporation of Nipomo.
FUNDING:
There is no projected cost impact of this process.
DISCUSSION:
At the April 9, 2002 City Council meeting, staff was directed to place on the
City Council agenda for discussion and consideration, a proposed process for
monitoring ongoing planning activities related to Nipomo incorporation
efforts. The discussion resulted from a planning meeting held on April 8,
2002 regarding the potential impact on the North Mesa area, at which City
officials and staff were in attendance.
The recommended process includes three components. The first is ongoing
monitoring of ongoing pre-incorporation activities. Staff has contacted
representatives of the Nipomo Incorporation Committee, Mesa Area Advisory
Group and County Supervisor Katcho Achadjian's Office. The City has been
placed on mailing and e-mail lists to be notified of upcoming meetings and
activities. When notified, staff will attend key meetings and provide periodic
updates to the City Council.
The second component is to coordinate with the County Planning
Department for proposed expansion of the City's planning area to include the
Laetitia Vineyards and the North areas of the Mesa within the San Luis Bay
CITY COUNCIL
PROCESS FOR MONITORING NIPOMO INCORPORATION ACTIVITIES
APRIL 23, 2002
PAGE 2
Planning Area rather than the South County Planning Area. This would add
areas to the southeast of proposed ALC/Fredericks and Williams Sphere of
Influence (SOl) and potential annexations into the same County planning area
as the rest of Arroyo Grande fringe to the south, west and north. The
County refers all unincorporated area planning applications and related
matters within the City's Planning Area to the City for review and comment.
The third component will be to continue coordination with the staff of the
Local Agency Formation Commission to update the City's SOl and those of
adjoining jurisdictions. The SOl Update will be started in June 2002 and
completed during 2002-03.
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
- Direct staff to proceed with implementation of the proposed
process;
- Modify the proposed process and direct staff to proceed;
- Direct staff to not proceed with implementation of the process;
- Provide staff with direction.