Agenda Packet 2009-11-10
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Tony Ferrara, Mayor/Chair Steven Adams, City Manager
Timothy Carmel, City Attorney
Joe Costello, Mayor Pro Tem/Vice Chair
Kelly Wetmore, City Clerk
Jim Guthrie, Council/Board Member
Ed Arnold, Council/Board Member
Chuck Fellows, Council/Board Member
AGENDA SUMMARY
CITY COUNCIL/REDEVELOPMENT AGENCY MEETING
TUESDAY, NOVEMBER 10, 2009
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 COUNCIL/RDA
3. FLAG SALUTE: BROWNIE TROOP 40734
4. INVOCATION
: DR. MAYER-HARNISH
BAHAI FAITH
5. SPECIAL PRESENTATIONS:
None.
6. AGENDA REVIEW
:
6a.Move that all ordinances presented for introduction or adoption be read by title only and
all further readings be waived.
AGENDA SUMMARY – NOVEMBER 10, 2009
PAGE 2
7. COMMUNITY COMMENTS AND SUGGESTIONS:
This public comment period is an invitation to members of the community to present
issues, thoughts, or suggestions on matters not scheduled on this agenda. Comments
should be limited to those matters that are within the jurisdiction of the City Council.
The Brown Act restricts the Council from taking formal action on matters not published
on the agenda. In response to your comments, the Mayor or presiding Council Member
may:
Direct City staff to assist or coordinate with you.
A Council Member may state a desire to meet with you.
It may be the desire of the Council to place your issue or matter on a future
Council agenda.
Please adhere to the following procedures when addressing the Council:
Comments should be limited to 3 minutes or less.
Your comments should be directed to the Council as a whole and not directed to
individual Council members.
Slanderous, profane or personal remarks against any Council Member or
member of the audience shall not be permitted.
8. CONSENT AGENDA
:
The following routine items listed below are scheduled for consideration as a group.
The recommendations for each item are noted. Any member of the public who wishes
to comment on any Consent Agenda item may do so at this time. Any Council Member
may request that any item be withdrawn from the Consent Agenda to permit discussion
or change the recommended course of action. The City Council may approve the
remainder of the Consent Agenda on one motion.
Cash Disbursement Ratification
8.a. (KRAETSCH)
Recommended Action:
Ratify the listing of cash disbursements for the period October
16, 2009 through October 31, 2009.
Consideration of Approval of Minutes
8.b. (WETMORE)
Recommended Action:
Approve the minutes of the Regular City
Council/Redevelopment Agency meeting of October 27, 2009, as submitted.
Consideration of Resolution Authorizing PacificWest Energy Solutions, Inc. to
8.c.
Submit Applications on behalf of the City for Funding from the California Energy
Commission
(ADAMS)
Recommended Action:
1) Adopt a Resolution authorizing PacificWest Energy
Solutions, Inc. to submit applications on behalf of the City for funding from the California
Energy Commission; and 2) Authorize the Mayor to execute a Memorandum of
Understanding with PacificWest to prepare an energy audit on City facilities and to
provide consultant services associated with the Resolution.
AGENDA SUMMARY – NOVEMBER 10, 2009
PAGE 3
8. CONSENT AGENDA (cont’d):
Consideration of a Resolution Approving an Application for Proposition 40 and
8.d.
84 Urban Forestry Grant Program Funds for Tree Planting
(PERRIN)
Recommended Action:
Adopt a Resolution approving the filing of an application for
Proposition 40 and 84 Urban Forestry Grant Program Funds for tree planting.
Consideration of Adoption of a Resolution Approving Application for Proposition
8.e.
40 and 84 Urban Forestry Grant Program Funds for a Tree Inventory
(PERRIN)
Recommended Action:
Adopt a Resolution approving the filing of an application for
Proposition 40 and 84 Urban Forestry Grant Program Funds for a tree inventory.
Consideration to Award Bid and Approve a Contractor Services Agreement for
8.f.
Uniform and Related Services
(PERRIN)
Recommended Action:
1) Award the bid and authorize the Mayor to execute a 3-year
Contractor Services Agreement with AmeriPride Uniform Services; and 2) Appropriate
$300 from the Sewer Fund.
Consideration of a First Amendment to the Agreement for Consultant Services
8.g.
with Garing Taylor & Associates for Well No. 10 Phase II Project, PW 2010-02
(MCCLISH)
Recommended Action:
1) Approve a First Amendment to the Agreement for
Consultant Services with Garing Taylor & Associates for amount not to exceed $54,180
for additional design expenses and support services during construction; and 2)
Authorize the City Manager to execute the First Amendment.
Consideration of Third Amendment to Agreement with North Coast Engineering
8.h.
for the El Camino Real Improvement Project
(MCCLISH)
Recommended Action:
1) Approve a Third Amendment to the Agreement for
Consultant Services with North Coast Engineering to increase the “not to exceed”
amount by $40,508 to include additional design services on the El Camino Real
Retaining Wall, El Camino Real Resurfacing, and El Camino Real/Chilton Street
Waterline Capital Improvement Projects (PW-2008-09); and 2) Authorize the Mayor to
execute the amendment.
Consideration of Temporary Use Permit Case No. 09-024 Authorizing the Closure
8.i.
th
of City Streets for the 7 Annual Arroyo Grande Village Improvement Association
Christmas Parade, November 29, 2009
(MCCLISH)
Recommended Action:
Adopt a Resolution approving Temporary Use Permit Case
th
No. 09-024 for the 7
Annual Arroyo Grande Village Improvement Association
Christmas Parade.
AGENDA SUMMARY – NOVEMBER 10, 2009
PAGE 4
9. PUBLIC HEARINGS:
Continued Public Hearing - Consideration of Centennial Plaza Project and a
9.a.
Purchase and Sale and Improvement Agreement for Acquisition of Property at
300 East Branch Street and Sale and Development of City Property at 200 and 208
East Branch Street and the Adjacent Parking Area
(ADAMS)
Recommended Action:
1) Approve a Resolution adopting a Negative Declaration with
Mitigation Measures; 2) Approve the Centennial Plaza preliminary design concept; 3)
Approve a contract with RRM Architects for final design of the Centennial Plaza project
for a not to exceed amount of $44,000; 4) Approve a Purchase and Sale and
Improvement Agreement with NKT Commercial for acquisition of property at 300 East
Branch Street, sale of City property at 200 East Branch Street, 208 East Branch Street
and the parking area in between, development of a 5,700 square foot commercial
building at Short Street and East Branch Street, and adaptive reuse of the 208 East
Branch Street building; 5) Select Alternative #3 as the preferred alternative for the NKT
Commercial proposed project; and 6) Authorize the City Manager to execute
documents to obtain debt financing of up to $1.2 million for costs associated with
acquisition of the 300 East Branch Street property through the United States
Department of Agriculture (USDA) Rural Development Community Facilities low-
interest loan program.
Consideration of a Resolution Amending a Condition of Approval for Tentative
9.b.
Tract Map No. 2792 (VTTM 05-003 and PUD 05-007) for Property Located near Fair
Oaks Avenue (East of Arroyo Grande Community Hospital), Applied for by
Innovative Housing Solutions, Inc.
(MCCLISH)
Recommended Action:
Adopt a Resolution amending a condition of approval for
Vesting Tract Map 2792 to accept housing in-lieu fees instead of the provision of deed
restricted units to meet affordable housing requirements.
Consideration of Purchase and Sale Agreement and Joint Escrow Instructions for
9.c.
Sale of Property on Courtland Street South of East Grand Avenue to Peoples’
Self Help Housing [RDA/CC]
(ADAMS)
Recommended Action:
Approve a Purchase and Sale Agreement and Joint Escrow
Instructions to sell the vacant property owned by the Agency on Courtland Street south
of East Grand Avenue to Peoples’ Self Help Housing and a Regulatory Agreement
transferring a deed restriction to the property from property owned by Peoples’ Self
Help Housing on El Camino Real that will require the property be used for affordable
housing.
10. CONTINUED BUSINESS:
None.
AGENDA SUMMARY – NOVEMBER 10, 2009
PAGE 5
11. NEW BUSINESS:
Consideration of
11.a.
Groundwater Monitoring and Test Findings and Adoption of
Interim Urgency Ordinance Establishing a 45 Day Moratorium on the Approval of
Development Projects
(ADAMS)
Recommended Action:
1) Review groundwater monitoring and testing results; 2)
Adopt an Interim Urgency Ordinance establishing a 45-day moratorium on the approval
of development projects; 3) Authorize the Mayor to sign a letter in conjunction with
Grover Beach, Ocean and Pismo Beach requesting the County make available excess
State water at the Lopez turnout on a temporary and emergency basis; and 4) Direct
staff to seek public input and prepare recommendations to address water supply and
potential seawater intrusion issues.
12. CITY COUNCIL MEMBER ITEMS:
The following item(s) are placed on the agenda by 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.
None.
13. CITY MANAGER ITEMS:
The following item(s) are placed on the agenda by the City Manager in order to receive
feedback and/or request direction from the Council. No formal action can be taken.
None.
14. COUNCIL COMMUNICATIONS:
Correspondence/Comments as presented by the City Council.
15. STAFF COMMUNICATIONS:
Correspondence/Comments as presented by the City Manager.
16. COMMUNITY COMMENTS AND SUGGESTIONS:
This public comment period is an invitation to members of the community to present
issues, thoughts, or suggestions. Comments should be limited to those matters that
are within the jurisdiction of the City Council. The Brown Act restricts the Council from
taking formal action on matters not published on the agenda.
17. ADJOURNMENT
AGENDA SUMMARY – NOVEMBER 10, 2009
PAGE 6
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All staff reports or other written documentation, including any supplemental material distributed to a majority
of the City Council within 72 hours of a regular meeting, relating to each item of business on the agenda are
available for public inspection during regular business hours at City Hall, 214 E. Branch Street, Arroyo
Grande. If requested, the agenda shall be made available in appropriate alternative formats to persons with a
disability, as required by the Americans with Disabilities Act. To make a request for disability-related
modification or accommodation, contact the Legislative and Information Services Department at 805-473-
5414 as soon as possible and at least 48 hours prior to the meeting date.
**************************
This agenda was prepared and posted pursuant to Government Code Section 54954.2. Agenda reports can
be accessed and downloaded from the City’s website at www.arroyogrande.org
*********************
City Council/Redevelopment Agency Meetings are cablecast live and videotaped for replay on Arroyo
Grande’s Government Access Channel 20. The rebroadcast schedule is published at www.slo-span.org.
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY
TUESDAY, OCTOBER 27, 2009
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor/Chair Ferrara called the Regular City Council/Redevelopment Agency meeting to order at
7:05 p.m.
2. ROLL CALL
City Council/RDA: Council/Board Member Chuck Fellows, Council/Board Member Jim
Guthrie, Mayor Pro Tem/Vice Chair Joe Costello and Mayor/Chair Tony
Ferrara were present. Council/Board Member Ed Arnold was absent.
City Staff Present: City Manager Steven Adams, City Attorney Tim Carmel, Director of
Legislative and Information Services/City Clerk Kelly Wetmore, Director of
Administrative Services Angela Kraetsch, Chief of Police Steve Annibali,
Fire Chief Michael Hubert, and Community Development Director Teresa
McClish.
3. FLAG SALUTE
Members of Cub Scout Pack 13, Den 8 led the Flag Salute.
4. INVOCATION
Pastor Robert Banker, Open Door Church, delivered the invocation.
5. SPECIAL PRESENTATIONS
None.
6. AGENDA REVIEW
6.a. Ordinances Read in Title Only.
Council Member Fellows moved, Mayor Pro Tem Costello seconded, and the motion passed
unanimously that all ordinances presented at the meeting shall be read by title only and all
further readings be waived.
7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS
None.
8. CONSENT AGENDA
Mayor Ferrara invited members of the public who wished to comment on any Consent Agenda
Item to do so at this time.
John Keen
, N. Elm Street, referred to Item 8.j. and expressed concern about the seriousness of
the status of the City’s groundwater supply and testing results. He suggested the Council pull
the item from the consent agenda to discuss the issue and emphasized the importance of
educating the public about what is occurring, especially concerning potential seawater intrusion.
Ed Ebee, Nipomo, agreed with Mr. Keen’s comments regarding the importance of the matter
and requested an oral presentation of the report.
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Minutes: City Council/Redevelopment Agency Meeting Page 2
Tuesday, October 27, 2009
No further public comments were received.
Mayor Ferrara requested that Item 8.j. be pulled and requested the City Manager to provide a
brief report. Mayor Pro Tem Costello requested that Item 8.g. be pulled for comments.
Action:
Council Member Guthrie moved, and Mayor Pro Tem Costello seconded the motion to
approve Consent Agenda Items 8.a. through 8.n., with the exception of Items 8.g. and 8.j., with
the recommended courses of action. City Attorney Carmel read the full title of the Ordinance
presented for adoption in Item 8.n. The motion passed on the following roll-call vote:
AYES:
Guthrie, Costello, Fellows, Ferrara
NOES:
None
ABSENT:
Arnold
8.a.Cash Disbursement Ratification.
Action:
Ratified the listing of cash disbursements for the period October 1, 2009 through
October 15, 2009.
8.b.Statement of Investment Deposits.
Action:
Received and filed the report listing the current investment deposits for the
period of September 30, 2009.
8.c.Consideration of Approval of Minutes.
Action:
Approved the minutes of the Regular City Council/Redevelopment Agency
Meeting of October 13, 2009.
8.d. Consideration of H1N1 Pandemic and Influenza Disease Plan.
Action
:
Approved the H1N1 Pandemic and Influenza Disease Plan.
8.e. Consideration of Acceptance of the Montego Street / Hillcrest Drive Sidewalk
Improvements Project, PW 2008-07B.
Action
:
1) Accepted the project improvements as constructed by California Coastal
Development Inc. in accordance with the plans and specifications for the Montego Street
/ Hillcrest Drive Sidewalk Improvements Project; 2) Directed staff to file a Notice of
Completion; and 3) Authorized release of the retention, thirty-five (35) days after the
Notice of Completion has been recorded, if no liens have been filed.
8.f. Consideration of Acceptance of the 2009 Slurry Seal Project, PW 2009-04.
Action:
1) Accepted the project improvements as constructed by Graham Contractors
Inc. in accordance with the plans and specifications for the 2009 Slurry Seal Project; 2)
Directed staff to file a Notice of Completion; 3) Authorized release of the retention, thirty-
five (35) days after the Notice of Completion has been recorded, if no liens have been
filed; and 4) Authorized an increase in the project expenditures of $2,294.94.
8.h.Consideration of Acceptance of the Corporation Yard Steel Repair Project, PW
2009-05.
Action:
1) Accepted the project improvements as constructed by Frank Calistro Inc. in
accordance with the plans and specifications for the Corporation Yard Steel Repair
Project; 2) Directed staff to file a Notice of Completion; and 3) Authorized release of the
retention, thirty-five (35) days after the Notice of Completion has been recorded, if no
liens have been filed.
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Minutes: City Council/Redevelopment Agency Meeting Page 3
Tuesday, October 27, 2009
8.i.Consideration of Authorization to Use City Property and Close City Streets for the
Annual Arroyo Grande Strawberry Festival on May 29 and 30, 2010 and the Annual
Strawberry Stampede; Temporary Use Permit No. 09-018.
Action
:“A RESOLUTION OF THE CITY
Adopted Resolution No. 4226 as follows:
COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE USE OF CITY
PROPERTY AND CLOSURE OF CITY STREETS FOR THE ANNUAL ARROYO
GRANDE STRAWBERRY FESTIVAL ON MAY 29 AND 30, 2010 AND THE ANNUAL
STRAWBERRY STAMPEDE; TEMPORARY USE PERMIT NO. 09-018”.
8.k. Consideration to Declare Surplus Property and Approve a Private Treaty Sale
Agreement.
Action:“A RESOLUTION OF THE CITY
1) Adopted Resolution No. 4227 as follows:
COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING AN ITEM AS
SURPLUS AND AUTHORIZING ITS SALE”;
and 2) Authorized the City Manager to
sign the Private Treaty Sale Agreement with Bill Phelps Auction Services.
8.l.Consideration of Amendments to the City of Arroyo Grande Storm Water
Management Plan.
Action:
1) Approved the City’s participation in the Central Coast Regional Water Quality
Control Board (RWQCB) and the Low Impact Development Center’s Joint Effort Project
for the development of Hydromodification Control Criteria methodology for the Central
Coast Region pursuant to the RWQCB’s October 20, 2009 letter; 2) Approved the City’s
participation in the collaborative program for local municipalities for the development of
Best Management Practices (BMPs) for Public Education, Public Participation and
Pollution Prevention; 3) Approved the incorporation of additional requirements set forth
by the RWQCB in their letter of September 15, 2009 into the Storm Water Management
Plan (SWMP); and 4) Authorized the City Manager to approve minor modifications to the
SWMP as required by the RWQCB in response to annual reporting and Plan
implementation.
8.m. Consideration to Approve Reimbursement of the Cost of the Storm Drain Erosion
Mitigation to Arroyo View LLC.
Action:
Appropriated the expenditure of $20,175.83 from the City Drainage Facility Fund
for the mitigation of erosion at the outlet of the existing 48” Storm Drain payable to
Arroyo View LLC in accordance with the Reimbursement Agreement.
8.n.Consideration to Adopt an OrdinancePrezoning a 7.2 Acre Property Adjoining the
City in the Vicinity of Pearwood Avenue for the Purposes of Annexation (DCA
Case No. 09-001B).
Action: “AN ORDINANCE OF THE CITY
Adopted Ordinance No. 614 as follows:
COUNCIL OF THE CITY OF ARROYO GRANDE PREZONING A 7.2 ACRE PROPERTY
ADJOINING THE CITY IN THE VICINITY OF PEARWOOD AVENUE FOR THE
PURPOSES OF ANNEXATION (DEVELOPMENT CODE AMENDMENT CASE NO. 09-
001B)”.
ITEMS PULLED FROM THE CONSENT AGENDA
8.g.Consideration of a Resolution Approving Funding for Open Space Protection and
Management to Match Grant Funds from the San Luis Obispo County Community
Fire Safe Council Grant for Fuel Modification in the James Way Habitat Area and
Approving the James Way Habitat Area Fuel Modification Project.
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Minutes: City Council/Redevelopment Agency Meeting Page 4
Tuesday, October 27, 2009
Recommended Action:
1) Approve the use of open space protection funds to match
grant funds from the San Luis Obispo County Community Fire Safe Council; and 2)
Approve the James Way Habitat Area Fuel Modification Project.
Mayor Pro Tem Costello stated he wanted to bring this item to the attention of the public and
commented that this is something the City has been working on with the Fire Safe Council for
some time. He noted that the fuel modification project would commence in late November or
December and will take two months to complete; that this was an opportunity for the City to
clear a lot of the fire fuel that is in the James Way Habitat Area and will help prevent any kind of
wildland fire from encroaching into the area; and that crews will be out there to reduce the fire
load and clear the Habitat Area.
:
Action
Mayor Pro Tem Costello moved, and Council Member Guthrie seconded the motion to
approve Item 8.g. with the recommended courses of action. The motion passed on the following
roll-call vote:
AYES:
Costello, Guthrie, Fellows, Ferrara
NOES:
None
ABSENT:
Arnold
8.j.Consideration of Groundwater Monitoring and Test Findings.
RecommendedAction:
1) Review groundwater monitoring and testing results; and 2)
Direct staff to prepare recommendations to address water supply and potential seawater
intrusion issues.
City Manager Adams provided a brief summary of the staff report. He stated the City of Arroyo
Grande participates with Oceano, Grover Beach, and Pismo Beach in a groundwater monitoring
program and that recent testing on a series of sentry wells along the coast, primarily in the
Oceano area, show chemicals that indicate potential seawater intrusion. He noted that a second
round of testing verified those results and that seawater intrusion can be a serious issue and
threat to the groundwater supply if left unchecked. He explained the City is taking this issue
seriously and is meeting with the other agencies on a bi-weekly basis to identify immediate short
and long range alternatives and measures to address this. He noted that City staff had already
been working on a number of measures and that a more comprehensive, detailed report and
recommendations would be forthcoming at the next regular Council meeting for discussion and
consideration. Council Member Guthrie requested that staff send a letter to the County
requesting them to take action to identify and reactivate the lost test well near Osos Flaco Lake
or drill a new one in order to include data from that location.
Mayor Ferrara commented that this issue has been on the table for quite some time and a
series of meetings have been held with the other agencies on a regular basis. He stated that at
a meeting a few days ago, there was discussion about the sentry wells and the one in particular
that had not been tested. He said there was no way of telling when those chemicals entered into
that well because there hadn’t been regular testing. As a result, there was some concern about
the validity of the data. He stated the groundwater issue is being taken very seriously and a
number of different strategies are being reviewed to alleviate the current water issues.
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Minutes: City Council/Redevelopment Agency Meeting Page 5
Tuesday, October 27, 2009
Action:
Council Member Guthrie moved, and Mayor Pro Tem Costello seconded the motion to
approve Item 8.j. with the recommended courses of action. The motion passed on the following
roll-call vote:
AYES:
Guthrie, Costello, Fellows, Ferrara
NOES:
None
ABSENT:
Arnold
9. PUBLIC HEARINGS:
9.a.Consideration of Use of State 2009-10 Citizens Option for Public Safety Funds.
Chief of PoliceAnnibalipresented the staff report and recommend the Council: 1) Approve the
Chief of Police’s recommendation to utilize the FY 2009-10 Citizens Option for Public Safety
(COPS) Funds to continue the multi-year program for the replacement and enhancement of the
Police Department’s radio communications equipment; and 2) Authorize the expenditure of
$71,272 carried over from the City’s FY 2008-09 COPS Program.
In response to a question by Council Member Guthrie, Chief Annibali stated that the multi-year
program for the replacement and enhancement of the radio communications equipment started
in 2005-06 and that this would be the second and final phase of the program. In response to a
question by Mayor Ferrara, Chief Annibali stated that the equipment is state-of-the-art and was
designed to enable relocation to a new facility.
Mayor Ferrara opened the public hearing, and upon hearing no public comments, he closed the
public hearing.
Council comments included support for the use of the COPS funds for the replacement and
enhancement of the Police Department’s radio communications equipment.
Action:
Mayor Pro Tem Costello moved to approve the Chief of Police’s recommendation to
utilize the FY 2009-10 Citizens Option for Public Safety (COPS) Funds to continue the multi-
year program for the replacement and enhancement of the Police Department’s radio
communications equipment; and to authorize the expenditure of $71,272 carried over from the
City’s FY 2008-09 COPS Program. Council Member Fellows seconded, and the motion passed
on the following roll call vote:
AYES:
Costello, Fellows, Guthrie, Ferrara
NOES:
None
ABSENT:
Arnold
9.b.Consideration of Centennial Plaza Project and a Purchase and Sale and
Improvement Agreement for Acquisition of Property at 300 East Branch Street and
Sale and Development of City Property at 200 and 208 East Branch Street and the
Adjacent Parking Area.
Recommended Action:
1) Approve the Centennial Plaza preliminary design concept; 2)
Approve a contract with RRM Architects for final design of the Centennial Plaza project
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Minutes: City Council/Redevelopment Agency Meeting Page 6
Tuesday, October 27, 2009
for a not to exceed amount of $44,000; 3) Approve a Purchase and Sale and
Improvement Agreement with NKT Commercial for acquisition of property at 300 East
Branch Street, sale of City property at 200 East Branch Street, 208 East Branch Street
and the parking area in between, development of a 5,700 square foot commercial
building at Short Street and East Branch Street, and adaptive reuse of the 208 East
Branch Street building; 4) Select Alternative #3 as the preferred alternative for the NKT
Commercial proposed project; 5) Approve a Resolution adopting a Negative Declaration
with Mitigation Measures; 6) Reject all bids for construction of a fire sprinkler system in
the 300 East Branch Street building and direct staff to solicit new bids; and 7) Authorize
the City Manager to execute documents to obtain debt financing of up to $1.2 million for
costs associated with acquisition of the 300 East Branch Street property through the
United States Department of Agriculture (USDA) Rural Development Community
Facilities low-interest loan program.
City Manager Adams recommended that this item be continued to a date certain, which would
be the next regular City Council meeting of November 10, 2009, when all Council Members are
expected to be present.
Action:
Council Member Guthrie moved to continue the item to the November 10, 2009 regular
City Council meeting.Council Member Fellows seconded, and the motion passed on the
following roll call vote:
AYES:
Guthrie, Fellows, Costello, Ferrara
NOES:
None
ABSENT:
Arnold
10. CONTINUED BUSINESS:
10.a.Consideration of New Police Station Project. [CC\RDA]
Chief of PoliceAnnibali presented the staff report and recommended the Council: 1) Approve
the Police Station Schematic Design; 2) Authorize the City Manager to execute an Agreement
for Architectural Services with BFGC Architects to prepare final design drawings and bid
documents not to exceed $370,000; 3) Authorize the City Manager to execute an agreement for
consultant services with A.M. Miller & Company, Inc. not to exceed $25,000 to serve as the
City’s financial advisor with regard to a potential bond measure; 4) Direct staff to develop a
public education program to solicit feedback regarding the project and potential June 2010
general obligation bond measure; and 5) Authorize the City Manager to submit final applications
for California Investment Bank and USDA Rural Development Community Facilities low-interest
loans.
Craig Atkinson, bfgc Architects, presented an overview of the proposed Police Station
schematic design, site plan, exterior view, exterior elevations, first floor plan, and second floor
plan.
Council/Board and staff comments and questions ensued concerning design, functional
elements, features, cost estimates, economic trends and the current construction bid climate.
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Minutes: City Council/Redevelopment Agency Meeting Page 7
Tuesday, October 27, 2009
Mayor/Chair Ferrara invited comments from those in the audience who wished to be heard on
the matter.
John Keen
, N. Elm Street, stated he was not in favor of the proposed location; however, he
acknowledged that this location is a done deal. He referred to the property as being landlocked
and suggested other alternatives, such as the potential for realigning Rodeo Drive in order to
adjust the Police Station site to provide more usable space. He displayed an aerial view of the
site with an example of how Rodeo Drive could be straightened. He further expressed concern
with the conceptual exterior architectural design stating it was not an attractive building. He said
that although the proposal may meet Development Code standards, it does not meet the intent
of General Plan Land Use Policy Objective LU-12 concerning preservation of the City’s rural,
small town character. He also expressed concern that the Architectural Review Committee
discussed trees and landscape buffers to soften the look of the building, but did not discuss any
change to the building’s design.
Upon hearing no further public comments, Mayor/Chair Ferrara closed the public comment
period.
Council questions ensued regarding the existing Community Resource Center which could be
incorporated into the new Police Station; the financial terms of the existing Fire Station bond
and the proposed project costs and terms for issuance of a new bond; cost impacts to the City if
the proposed bond measure did not receive voter approval; that funding from the
Redevelopment Agency budget would be spent on design now to determine cost estimates and
prepare bid documents; that if voter approval on the bond measure was not obtained, it would
result in a delay of the project; that the proposed design schematic is a preliminary design
concept which could be modified and come back for final design approval; concerns about traffic
impacts if Rodeo were to be straightened and whether or not this option was feasible;
acknowledgement that a new police facility is critically needed and that the interior design would
accommodate the City for decades; that this is a standalone facility on W. Branch Street with no
surrounding comparable buildings to design or build around; that this is a modern building that
would be similar in architecture to other commercial buildings located farther north on W.
Branch Street; some concern regarding the proposed bond measure and a suggestion that staff
and the Council revisit the established project priorities for the local sales tax revenue as this
public safety project is a much higher priority than other capital projects; that the proposal being
recommended is the least expensive option; and an emphasis that there is a desire to see
variations in the design of the exterior elevations.
Action:
Mayor Pro Tem Costello moved to: 1) Approve the Police Station Schematic Design; 2)
Authorize the City Manager to execute an Agreement for Architectural Services with BFGC
Architects to prepare final design drawings and bid documents not to exceed $370,000; 3)
Authorize the City Manager to execute an agreement for consultant services with A.M. Miller &
Company, Inc. not to exceed $25,000 to serve as the City’s financial advisor with regard to a
potential bond measure; 4) Direct staff to develop a public education program to solicit feedback
regarding the project and potential June 2010 general obligation bond measure; 5) Authorize
the City Manager to submit final applications for California Investment Bank and USDA Rural
Development Community Facilities low-interest loans; 6) Direct staff to investigate the potential
to adjust the Police Station site by realigning Rodeo Drive; and 7) Direct staff to work with the
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Minutes: City Council/Redevelopment Agency Meeting Page 8
Tuesday, October 27, 2009
architect to provide exterior design alternatives for the Police Station building. Council Member
Fellows seconded, and the motion passed on the following roll call vote:
AYES:
Costello, Fellows, Guthrie, Ferrara
NOES:
None
ABSENT:
Arnold
Mayor Ferrara called a break at 8:55 p.m. The Council reconvened at 9:05 p.m.
11. NEW BUSINESS:
None.
12. CITY COUNCIL REPORTS
a. MAYOR TONY FERRARA:
(1) San Luis Obispo Council of Governments/San Luis Obispo Regional
Transit Authority (SLOCOG/SLORTA).
SLOCOG/SLORTA had a brief hiatus.
th
SLOCOG met on October 7 and discussed the Federal Economic Stimulus
(competitive funding) grant applications that were submitted for the Santa Maria
Bridge, Willow Road, and for Los Osos Valley Road Interchange which are
unlikely to receive funding. Reported that the STIP funding would be non-existent
for the next few cycles, so funding availability for all the projects currently in the
pipeline is unknown. Reported that an emergency allocation to Pismo Beach was
approved for the Price Street bluff erosion/stabilization project around the area of
the Shore Cliff Lodge tennis courts. Reported that SHA funds ($225,000) were
approved for the expansion of the Halcyon Park and Ride lot to add 17 new
spaces. Announced the State attempt to take an additional $1.19 billion in transit
funding, the California Transit Authority (CTA) sued the State to recover the
money, it was appealed to the State Supreme Court, a decision was made in
favor of the CTA, and it is now going to the US Supreme Court. The West Branch
Street Rehabilitation project was approved to receive American Recovery and
Reinvestment Act (ARRA) funding.
(2) South San Luis Obispo County Sanitation District (SSLOCSD).
Discussed
issues related to the expansion of the facility; looking at a secondary clarifier;
meeting with County staff regarding their proposal to charge the District for a
permit, which it has never been done before.
(3) Brisco/Halcyon/Hwy 101 Interchange Project Subcommittee.
Have not heard
back from the consultant; will be scheduling a meeting in the next few weeks.
(4) Recreation Center Subcommittee.
This subcommittee is currently on hiatus
and has discontinued regular meetings.
(5) Other.
Announced that the Centennial Steering Committee meets the last
Wednesday of each month.
b. MAYOR PRO TEM JOE COSTELLO:
th
(1) Zone 3 Water Advisory Board.
Met September 17; At that time, Lopez was at
50.8% capacity; have not seen figures since the recent rain. Announced that an
th
update on the Habitat Conservation Plan will be provided at the November 19
Zone 3 Technical Advisory Committee meeting. Received a report on the
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Minutes: City Council/Redevelopment Agency Meeting Page 9
Tuesday, October 27, 2009
Treatment Plant upgrade project. Reported that raising the spillway project is still
being considered.
(2) Air Pollution Control District (APCD).
Announced the deadline of December
st
31
for obtaining permits and registration for portable and auxiliary engines of
50hp or greater.
(3) Fire Oversight Committee.
Met at the beginning of October; reported that the
OES engine went out as part of a strike team and is being staffed with personnel
from various stations. Still working on the joint dispatch study.
(4) Other.
None.
c. COUNCIL MEMBER JIM GUTHRIE:
(1) South County Area Transit (SCAT).
Implemented a .25 cent fare increase to
$1.25; have experienced a drop in ridership of 7% over prior year, however, over
the past quarter, there has been a significant increase. Reported that SCAT is
facing funding cuts, however, SCAT came in $25,000 under budget for the year.
Reported on marketing plan which currently does not have any funding to
implement yet.
(2) Community Action Partnership.
Will be the lead agency for a proposed
homeless campus in San Luis Obispo; will need approval by the Airport Board.
(3) California Joint Powers Insurance Authority (CJPIA).
No report.
(4) SLO County 10-Year Plan to End Homelessness Leadership Council.
The
County has put together a plan to hire a part-time contract agent to coordinate
homeless services and to focus on coordinated funding opportunities and
bringing the different agencies together to ensure that there are no duplicative
efforts and to provide complete homeless services.
(5) Tourism Committee.
Unable to attend the last meeting; however, the
Committee decided on a new logo design which should be unveiled soon.
(6) Other.
None.
d. COUNCIL MEMBER ED ARNOLD: (ABSENT)
(1) Integrated Waste Management Authority Board (IWMA).
(2) Economic Vitality Corporation (EVC).
(3) Other.
e. MAYOR PRO TEM CHUCK FELLOWS:
(1) County Water Resources Advisory Committee (WRAC).
Unable to attend the
last meeting; however, after reviewing the staff report, it appeared there was
nothing relevant discussed relating to the City of Arroyo Grande.
(2) Other.
None.
13. CITY COUNCIL MEMBER ITEMS:
None.
14. CITY MANAGER ITEMS:
None.
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Minutes: City Council/Redevelopment Agency Meeting Page 10
Tuesday, October 27, 2009
15. COUNCIL COMMUNICATIONS:
Council Member Fellows referred to the Air Pollution Control District’s (APCD) program to
replace wood burning fireplaces with a more efficient fireplace insert and reminded everyone
that the process requires applying for a voucher to be eligible for the $250 incentive. He stated
there is a limited amount of money available and to contact the APCD office directly for more
information.
Council Member Fellows also noted that the City is conserving water by rebating 50 cents per
square foot for lawn removal and briefly explained the process for the program.
Mayor Ferrara announced that the Christmas Parade in the Village would be held on November
th
29 and encouraged all members of the City Council to participate with their families by riding in
the same float and celebrating with the community.
16. STAFF COMMUNICATIONS:
City Manager Adams announced that the next few Council meeting agendas will be heavy;
however, staff has made efforts to distribute the items evenly.
City Manager Adams reported on the progress to identify a homeless campus in South County
and the formation of a non-profit organization, 5-Cities Coalition, for this purpose. He reported
that recently the San Luis Obispo Community Foundation came upon a fairly sizable
endowment specifically for homeless services, and meetings will be held to coordinate efforts
related to this matter.
17. COMMUNITY COMMENTS AND SUGGESTIONS:
None.
18. ADJOURNMENT
Mayor/Chair Ferrara adjourned the meeting at 9:25 p.m.
______________________________________
Tony Ferrara, Mayor/Chair
ATTEST:
_______________________________________
Kelly Wetmore, City Clerk/Agency Secretary
(Approved at CC Mtg _________________)
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pRRO
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INCORPORATED Z
V m
Nv 10 1011
C44 t FOR
MEMORANDUM
TO: CITY COUNCIL c,
FROM: TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: SUPPLEMENTAL INFORMATION
AGENDA ITEM 8.i. NOVEMBER 10, 2009 CITY COUNCIL MEETING
Consideration of Temporary Use Permit Case No. 09 -024 Authorizing
the Closure of City Streets for the 7 Annual Arroyo Grande Village
Improvement Association Christmas Parade, November 29, 2009.
DATE: NOVEMBER 10, 2009
It is recommended the Council continue this item to November 24, 2009 to allow Staff
time to address additional traffic control and detour issues related to continuing the
parade onto Mason Street.
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE ADOPTING A MITIGATED NEGATIVE DECLARATION,
INSTRUCTING THE CITY CLERK TO FILE A NOTICE OF
DETERMINATION, AND APPROVING CONCEPT DESIGNS FOR THE
CENTENNIAL PLAZA AND DEVELOPMENT AND REDEVELOPMENT
OF 200 AND 208 E. BRANCH STREET PROJECT APPLIED FOR NKT
COMMERCIAL
WHEREAS
, the City Council of the City of Arroyo Grande has considered preliminary
design for the Centennial Plaza project and the concept designs for development of the
200 East Branch Street property; and
WHEREAS
, the City has been in negotiations with NKT Commercial and have prepared a
Purchase of Sale and Improvement Agreement with NKT Commercial for acquisition o
property at 300 East Branch Street, sale of City property at 200 East Branch Street, 208
East Branch Street and the parking area in between, development of a 5,700 square foot
commercial building at Short Street and east Branch Street, and adaptive reuse of the 208
East Branch Street building; and
WHEREAS,
NKT Commercial as prepared alternatives design concepts and are
proposing Alternative No. 3; and
WHEREAS,
the City Council has held a public hearing on this application in accordance
with the Municipal Code; and
WHEREAS
, the City Council finds that this project is consistent with the City’s General
Plan, Development Code and the environmental documents associated therewith, and has
reviewed the draft Negative Declaration with mitigation measures under the provisions of
the California Environmental Quality Act (CEQA); and
WHEREAS
, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
Required CEQA Findings:
1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063
of the Guidelines of the California Environmental Quality Act (CEQA), for the design
concept for Centennial Plaza and for design concepts for the development and re-
development of 200 and 208 Short Street.
2. Based on the initial study, a Mitigated Negative Declaration was prepared for public
review. A copy of the Mitigated Negative Declaration and related materials is
located at City Hall in the Community Development Department.
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RESOLUTION NO.
PAGE 2
3. After holding a public hearing pursuant to State and City Codes, and considering
the record as a whole, the City Council adopts a Mitigated Negative Declaration
and finds that there is no substantial evidence of any significant adverse effect,
either individually or cumulatively on wildlife resources as defined by Section 711.2
of the Fish and Game Code or on the habitat upon which the wildlife depends as a
result of development of this project. Further, the City Council finds that said
Mitigated Negative Declaration reflects the City’s independent judgment and
analysis.
NOW, THEREFORE, BE IT RESOLVED
that the City Council of the City of Arroyo Grande
hereby adopts a Mitigated Negative Declaration, instructs the City Clerk to file a notice of
determination, and approves concept design for the Centennial Plaza project,
development and redevelopment of 200 and 208 E. Branch Street.
On a motion by Council Member _________, seconded by Council Member __________,
and by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this ____ day of October 2009.
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RESOLUTION NO.
PAGE 3
_______________________________________
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
______________________________________
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
______________________________________
TIMOTHY J. CARMEL, CITY ATTORNEY
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ATTACHMENT 1
PURCHASE AND SALE AND IMPROVEMENT AGREEMENT
THIS AGREEMENT OF PURCHASE AND SALE AND IMPROVEMENT
(“Agreement”) is entered into as of ________________________ (the “Effective Date”) between
The City of Arroyo Grande, a municipal corporation formed under the laws of the state of
California (the “City”) and NKT Commercial, LLC, a California limited liability company
(“NKT”). The City and NKT are collectively referred to herein as the “Parties”.
RECITALS
WHEREAS,
The City is the owner of that certain real property located in Arroyo Grande,
California (APN: 007-492-004)more particularly described in Exhibit A attached to and
incorporated into this Agreement (collectively, “Parcel 1”).
WHEREAS,
NKT is the owner of that certain real property located in Arroyo Grande
California (APN: 007-493-019) more particularly described in Exhibit B attached to and
incorporated into this Agreement (collectively, “Parcel 2”) (Parcel 1 and Parcel 2 are
sometimes collectively referred to herein as the “Property”);
WHEREAS,
NKT desires to purchase Parcel 1 from City and City desires to sell Parcel 1
to NKT subject to the purchase and sale and development terms and conditions contained
herein;
WHEREAS,
the City desires to Purchase Parcel 2 from NKT and NKT desires to sell
Parcel 2 subject to the purchase and sale terms and conditions contained herein;
NOW, THEREFORE
, in consideration of the mutual covenants of the Parties and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto
agree as follows:
SECTION 1.
Purchase and Sale.
Subject to the terms and conditions in this Agreement, The City agrees to sell and NKT agrees
to purchase Parcel 1; and NKT agrees to sell and the City agrees to purchase Parcel 2.
SECTION 2.
Purchase Price.
Except as otherwise provided in Section 2(c) below, the purchase price to be paid by the City to
NKT for Parcel 2 shall be TWO MILLION FOUR HUNDRED THOUSAND DOLLARS AND
NO/CENTS ($2,400,000.00) (the “Parcel 2 Purchase Price”) and the purchase price to be paid by NKT to
the City for Parcel 1 shall be ONE MILLION TWO HUNDRED EIGHTY FIVE THOUSAND
DOLLARS AND NO/CENTS (the “Parcel 1 Purchase Price”).
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(a) Parcel 1:
(i) Within five (5) days following the execution of this Agreement by all parties, NKT
shall deposit with First American Title Company (“Escrow Holder”) the sum of
________________________ (“Deposit”); and
(ii) On or before the Close of Escrow, NKT shall deposit the balance of the Parcel 1
Purchase Price, if any, with Escrow Holder.
(b) Parcel 2:
(i) Within five (5) days following the execution of this Agreement by all parties, the City
shall deposit with First American Title Company (“Escrow Holder”) the sum of
________________________ (“Deposit”); and
(ii) On or before the Close of Escrow, the City shall deposit the balance of the Parcel 2
Purchase Price of ______________________ with Escrow Holder.
(c) If the City requires the final design of the Improvements (as defined in Section 11 below) to
maintain all or a substantial portion of the front façade of the existing structure at 200 East Branch Street,
given increased construction costs, the loss of developable space and corresponding estimated loss in
future revenue directly attributable to the retention of a portion of or all of said front façade, the Parcel 1
Purchase Price shall be decreased by an amount not less than SIXTY SEVEN THOUSAND FOUR
HUNDRED NINETY EIGHT DOLLARS AND NO/CENTS ($67,498.00) nor more than SEVENTY
TWO THOUSAND EIGHT HUNDRED AND ONE DOLLARS AND NO/CENTS ($72,801.00), with
the exact amount to be determined by the Parties.
SECTION 3
Conditions Precedent.
(a) Conditions Precedent to Closing. Each Party’s obligation to purchase the Property from the other
Party is subject to the following conditions precedent ("Conditions Precedent”):
(i) Title Policy. Title to the Property shall be conveyed by a good and sufficient Grant
Deed subject to no exceptions other than (1) the lien of local real property taxes and
assessments not yet due or payable, and (2) all exceptions to title set forth in a
preliminary title report (the "Preliminary Title Report"), as issued by the First
American Title Company (the "Title Company"), hereinafter, (1) and (2)_shall be
collectively referred to as the "Conditions of Title". Title Company shall provide the
Parties with the Preliminary Title Report within three (3) days of the Effective Date. If
either buyer Party objects to any exceptions to title stated in the Preliminary Title
Report by written notice specifically listing the exception(s) (the “Objection Notice”) ,
and delivered to the other seller Party within fifteen (15) days after receipt of the
Preliminary Title Report, the seller Party shall use reasonable efforts to clear title to
the property of such exceptions. If the exceptions objected to cannot be removed
and/or otherwise eliminated as title exceptions within ten (10) days after the seller
Party’s receipt of the Objection Notice, this Agreement shall be terminated and any
money deposited by any party hereunder shall be returned. Delivery of title in
accordance with the foregoing shall be evidenced by the issuance by the Title
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2
Company, of its standard ALTA owner’s policy of title insurance, together with such
endorsements reasonably required, in the amount of the Purchase Price, showing title
to the Real Property vested in the buyer party and subject only to the Conditions of
Title; and,
(ii) Obligations. The performance by each Partyof every covenant, condition, agreement,
and promise to be performed by that Party pursuant to this Agreement and the related
documents executed or to be executed by the Parties.
(iii) Representations. That all l representations and warranties in this Agreement and the
related documents executed or to be executed are truthful and accurate.
(iv) Parcel 1 Division: Prior to the conveyance of Parcel 1 to NKT, the City shall legally
divide the same so that there are two legal and marketable parcels, consisting of: (1)
a parcel of land improved solely by the existing Public Works building and related
improvements, said lot being configured in a fashion acceptable to NKT, such
acceptance not to be unreasonably withheld; and, (2) a parcel of land improved by
the exisiting Building Department, parking lot and related improvements said lot
also be configured in a fashion acceptable to NKT, such acceptance not to be
unreasonably withheld, and further being first approved by the City, and all other
necessary governmental agencies having jurisdiction over the same, for use and
development as contemplated herein and .as further described in Section 11 below.
(v) Entitlement Process: NKT shall provide full architectural, site, floor, and
landscaping plans for the improvement of Parcel 1 by January 1, 2010. Once a
Conditional Use Permit (“CUP”) is issued by City, NKT shall submit
comprehensive plans and specifications for the Improvements to the City within two
(2) months. NKT shall pay to the City SEVENTY THOUSAND DOLLARS
($70,000.00) in parking in-lieu fees with respect to the division and development of
Parcel 1 as herein contemplated. NKT shall be responsible for all building and
development fees in the normal course of business. However all such building and
development fees, exclusive of parking in-lieu, school district, and South County
Sanitary District fees, shall not exceed a total of ONE HUNDRED AND SIXTY-
EIGHT THOUSAND DOLLARS ($168,000). Payment of said fees shall be made
prior to issuance of building permits. City shall issue approval of building permits
prior to closing.
(vi) Lease of Parcel 2: NKT shall lease Parcel 2 to City at no cost to City commencing
on March 1, 2010 and terminating upon closing as defined in Section 4 below.
(b) Failure of Conditions Precedent. If any of the Conditions Precedent have not been fulfilled within
the applicable time periods the Party for whom said condition protects or provides a benefit may:
(i) Waive and Close. Waive the condition or disapproval and transfer the Property and
close Escrow in accordance with this Agreement, without adjustment or abatement of
the Purchase Price; or
(ii) Cure and Close: Cure the failure of condition or representation and reduce the
Purchase Price by an amount equal to the cost of cure; or
(iii) Terminate. Terminate this Agreement by written notice to Escrow Agent.
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3
SECTION 4
Escrow & Closing.
(a)Escrow: An escrow (“Escrow”) for each transaction contemplated herein, (the sale of
Parcel 1 and the sale of Parcel 2 are separate and distinct transactions for purposes of this section), shall
be opened with First American Title Company (“Escrow Agent”) within five (5) days from the Effective
Date of this Agreement. The Parties shall deliver signed instructions to escrow within ten (10) days of the
Effective Date of this Agreement. Except for a final determination regarding what amount of funds will
ultimately be transferred between the Parties upon Closing, the instructions shall not modify or amend
this Agreement; provided, however, that the Parties shall execute any additional instructions requested by
Escrow in a manner consistent with the Agreement. All amounts deposited by with the Title Company
are to be held in Escrow in an interest-bearing account with interest credited to the depositing Party.
Unless the Parties otherwise mutually agree in writing to an extension, the Escrow shall close and the
Property shall be transferred, and the Purchase Price paid within ____________________ ( ) days of the
date that all conditions precedent are fully satisfied or otherwise waived (“Closing”).
(b)1031 Exchange. NKT shall have the right to structure either and/or both transfers
contemplated under this agreement as part of a forward or reverse exchange (including, if necessary, the
use of an intermediary) with the result that such transfers or exchange shall conform to the requirements
IRC
of Section 1031 of the Internal Revenue Code of 1986, as amended (the “”). City hereby agrees to
reasonably cooperate with the NKT to complete such exchange(s) as requested (including the assignment
of this Agreement to a Qualified Intermediary as that term is defined in the IRC), provided that: (a) any
additional costs incurred by City solely as a result of structuring the transaction as an exchange shall be
borne by the NKT; (b) such exchange shall not result in any substantial delay in closing the transaction;
and (c) City shall be required to take title to any property other than the Parcel 2. This Agreement is not
subject to or conditioned upon either party’s ability to consummate an exchange. The responsibility of
City for reviewing exchange documents proposed by the NKT shall be limited to determining whether the
terms and conditions of such exchange documents are such that they are in compliance with the foregoing
provisions. NKT shall be responsible for making all determinations as to the legal sufficiency or other
consideration, including but not limited to tax considerations, relating to such exchange documents. In
cooperating in any exchange transaction arranged by NKT, City shall not in any event be responsible for,
or in any way warrant, the tax consequences of the exchange transaction.
SECTION 5
Closing Deposits.
(a) Before the Closing, the Parties shall deposit with Escrow Agent the following documents and funds:
(i) Nonforeign Affidavit. The original Nonforeign Affidavits;
(ii) Escrow Instructions. The Escrow Instructions for each escrow required hereunder;
(iii) Additional Documents. Any other documents or funds required to close Escrow in
accordance with this Agreement.
(iv) The balance of the Purchase Price due and owing.
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SECTION 6.
Closing Costs.
Each Party shall pay an equal (50%) share of the Escrow Closing costs. Each Party shall
otherwise be liable for complying with their respective obligations hereunder.
SECTION 7
Pro-rations.
Liability for real property taxes, assessments, insurance premiums shall be prorated between the
parties as of the date of the Closing of each Escrow.
SECTION 8
Warranties.
Notwithstanding anything to the contrary contained herein, for purposes of this Section 8,
“Property” shall be utilized to refer to Parcel 1 when applying this Section to the City and Parcel 2 when
applying this Section to NKT. The Parties warrant and represent that, to the best of their knowledge
without legal inquiry, as of the Effective Date of this Agreement and as of the Closing:
(a) There are no other physical, structural, or mechanical defects or violations of any laws or
regulations applicable to the Property. To the extent that such defects or violations exist, the Property
owner shall repair and/or cure the same prior to the Closing, at that respective owner’s expense.
(b) That the documents delivered pursuant to this Agreement will be all of the relevant documents that
each Party is aware of pertaining to the condition and operation of the Property, will be true copies, and
will be in full force, without default by any party and without any right of offset, except as disclosed in
writing at the time of delivery.
(c) That there are not pending any special assessments or condemnation actions with respect to the
Property or any part of the Property, nor has either Party any knowledge of any special assessments or
condemnation actions being contemplated.
(d) That all water, sewer, gas, electric, telephone, and drainage facilities and all other utilities required
by law and for the normal operation of the Property are installed across public property or valid
easements to the property lines of the Property, are all connected with valid permits, and are adequate to
service the property and to permit full compliance with all requirements of law.
(e) The Parties are not a "foreign person" within the meaning of section 1445(f)(3) of the Internal
Revenue Code of 1954, as amended, and that the Parties furnish, if necessary, prior to Closing, an
affidavit confirming the same.
(f) That there are no Hazardous Substances known to exist on the Property, and that:
(i) No Property owner has knowledge of buried or partially buried underground storage
tanks on the Property.
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(ii) No Property owner is aware of and has not received any notice, warning, notice of
violation, administrative complaint, judicial complaint, or any other formal or
informal notice alleging that conditions on the Property are or have been in violation
of any Environmental Law, or informing the Party that the Property is subject to
investigation or inquiry regarding Hazardous Substances on the Property or the
potential violation of any Environmental Law.
(iii) There is no monitoring program required by the Environmental Protection Agency
("EPA") or any similar State agency concerning the Property.
(iv) To the best of each Property owner’s knowledge, no toxic or hazardous chemicals,
waste, or substances of any kind have ever been spilled, disposed of, or stored on,
under, or at the Property, whether by accident, burying, drainage, or storage in
containers, tanks, holding areas, or by other means.
(v) No Property owner isaware of the Property ever being used as a dump or a landfill.
(vi) The Parties have disclosed all information, records, and studies in connection with
the Property concerning Hazardous Substances. Hazardous Substance as used herein
shall mean any toxic or hazardous materials or any other substance which constitutes,
or is regulated as, a hazardous, extremely hazardous, toxic, extremely toxic or
similarly dangerous material, substance or waste under the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as amended, 42
U.S.C.A. §§9601 et seq., the Resource Conservation and Recovery Act of 1976, 42
U.S.C.A. §§6901 et seq., or the California Health and Safety Code, Division 20.
The continued accuracy in all respects of the Parties’ representations and warranties shall be a
condition precedent to any obligation to close Escrow. All representations and warranties contained in
this Agreement shall be deemed remade as of the date of Closing and shall survive the Closing. If any of
the representations and warranties are not correct at the time made or as of the Closing, this Agreement
may be terminated by the non-breaching Party.
SECTION 9
Indemnification.
(a)NKT agrees to indemnify and hold the City free and harmless from any losses, damages, costs,
or expenses (including attorney fees) resulting from any inaccuracy in or the breach of any representation
or warranty of NKT and any breach or default by NKT under any of NKT's covenants or agreements
under this Agreement.
(b)The City agrees to indemnify and hold NKT free and harmless from any losses, damages, costs,
or expenses (including attorney fees) resulting from any inaccuracy in or the breach of any representation
or warranty of the City and any breach or default by the City under any of the City’s covenants or
agreements under this Agreement.
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SECTION 10
Covenants.
The Parties agree as follows:
(a) Payment of All Obligations. The owner of each Property shall have discharged all liens including,
but not limited to, mechanics' and materialmen's liens arising from labor and materials furnished to their
Property prior to the Close of Escrow.
(b) Litigation. A Party shall immediately notify the other Party of any lawsuits, condemnation
proceedings, rezoning, or other governmental order or action, or any threat thereof, known which might
affect their Property or any interest therein.
SECTION 11
Parcel 1 Maintenance and Development Requirements
As a condition precedent to the purchase of Parcel 2, the City requires that NKT agree to the
following maintenance and development requirements (the “Requirements”) for Parcel 1:
(a)Following the Closing, the structure currently located at 208 East Branch Street (the “Public
Works building”), having been designated as a Local Historic Resource, shall be maintained and
upgraded consistent with City Village Design Guidelines and Municipal Code Provisions regarding
Locally Designated Historic Resources.
(b)Following the Closing, on that portion of Parcel 1 currently consisting of a parking lot, between
200 East Branch Street and 208 East Branch Street and the structure at 200 East Branch Street, NKT shall
construct a one-story retail commercial structure up to a maximum of 5,800square feet with store fronts
on both East Branch and Short Street (the “Improvements”). Additionally, at the corner of East Branch
and Short Street, NKT shall include the necessary specifications for restaurant use and shall provide for
outdoor seating on the portion of City property to be provided under Section 11(c). The Requirements
shall include the following:
i.NKT shall provide full architectural, site, floor, and landscaping plans and apply
for a CUP for the improvement of Parcel 1 by January 1, 2010.
ii.City agrees that NKT’s CUP has been accepted as complete for processing and
will be expeditiously processed by City.
iii.Once a CUP is issued by City, NKT shall submit comprehensive plans and
specifications for the Improvements to the City within two (2) months.
iv.Upon approval and issuance of necessary permits by the City and all other
governmental authorities having jurisdiction over the same and within 60 days
following the Closing, NKT shall begin construction of the Improvements.
v.Upon commencement of construction, NKT shall submit any additional plans,
specifications and other necessary documents, if any, allowing the City to process
the Condominium Permit application. City agrees to use due diligence and to
reasonably cooperate in expeditiously processing and assisting NKT with its
Condominium Permit application. Final processing and approval of the
Condominium Permit application is not a prerequisite to commencement of
construction of the Improvements.
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7
vi.Upon commencement of the construction, NKT shall use reasonable diligence so
as to complete all Improvements no later than nine (9) months following the
commencement of construction under Section 11 (a)(iv).
vii.NKT shall pay to the City SEVENTY THOUSAND DOLLARS ($70,000.00) in
parking in-lieu fees with respect to the division and development of Parcel 1 as
herein contemplated. Said payment shall be due within sixty (60) days following
the Closing.
viii.Any and all parking spaces constructed as part of the Improvements shall be
designated as “Public Parking”.
ix.NKT shall be responsible for all building and development fees in the normal
course of business following the Closing. However all such building and
development fees, exclusive of parking in-lieu, school district, and South County
Sanitary District fees, shall not exceed a total of ONE HUNDRED AND SIXTY-
EIGHT THOUSAND DOLLARS ($168,000).
(c)City shall close Short Street between East Branch Street and Olohan Alley and construct a
pedestrian plaza. As part of the valuable consideration herein exchanged between the parites, City shall
also, upon Closing, grant to NKT an encroachment permit, license or lease agreement (collectively the
“License”), as determined by City, appurtenant to the Parcel 1 Property in order to allow NKT, their
successors and/or assigns to place the restaurant outdoor seating and related improvements within the
public right-of-way adjacent to the restaurant contemplated under Section 11 (b) and pedestrian plaza as
more particularly shown on Exhibit “as the “Outdoor Seating License Area” and by this reference hereby
incorporated. Subject to reasonable conditions, the License shall be irrevocable so long as the restaurant
use on the Parcel 1 Property continues. City shall complete construction of the plaza improvements within
one (1) month of NKT’s completion of construction of the commercial condominium building by NKT.
(d)Hold Harmless. To the fullest extent provided by law, NKT will indemnify, defend and hold
harmless (without limit as to amount) City and its elected officials, officers, employees and agents in their
official capacity (hereinafter collectively referred to as "Indemnities"), and any of them, from and against
all loss, all risk of loss and all damage (including expense) sustained or incurred because of or by reason
of any and all claims, demands, suits, actions, judgments and executions for damages of any and every
kind and by whomever and whenever made or obtained, allegedly caused by, arising out of or relating in
any manner to NKT’s construction of Improvements to Parcel 1 following the Closing.
(e)Insurance. NKT shall obtain, at its expense, comprehensive general liability insurance for the
Improvements of Parcel 1 naming Indemnities as additional named insureds with aggregate limits of not
less than Two Million Dollars ($2,000,000) for bodily injury and death and property damage, including
coverage for contractual liability and products and completed operations purchased by NKT from an
insurance company duly licensed to engage in the business of issuing such insurance in the State, with a
current Best's Key Rating of not less than A-VII, such insurance to be evidenced by an endorsement
which so provides and delivered to the City Clerk prior to the issuance of any building permit for the
development of the Parcel 1.
SECTION 12
Due Process.
Nothing in this Agreement shall be in conflict with the responsibilities of the City to adhere to
general due process requirements and other responsibilities as defined in Federal, State, or local law,
statute, regulation, or participating parties’ policies and procedures.
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SECTION 13
Assignment.
Prior to the Closing, neither Party may assign its rights hereunder without the express written
consent of the other Party.
SECTION 14
Successors and Assigns.
Without waiver of the provisions of Section 13, all of the rights, benefits, duties, liabilities, and
obligations of the Parties shall inure to the benefit of, and be binding upon, their respective successors and
assigns.
SECTION 15
Notices.
All notices to be given under this Agreement shall be in writing and mailed postage prepaid by
certified or registered mail, return receipt requested, or by personal delivery to the address indicated
below or at other places designated by NKT and the City in a written notice given to the other. Notices
shall be deemed served four (4) days after the date of mailing or upon personal delivery.
If to NKT: NKT Commercial, LLC
Attn:
684 Higuera Street, Suite B
San Luis Obispo, CA 93401
If to the City: City of Arroyo Grande
Attn: Kelly Wetmore, City Clerk
P. O. Box 550 Arroyo Grande, CA 93421
Timothy J. Carmel
With copy to:
CARMEL & NACCASHA LLP
PO Box 15729
San Luis Obispo, CA 93406
SECTION 16
Construction.
The title and headings of the Sections in this Agreement are intended solely for reference and do
not modify, explain, or construe any provision of this Agreement. All references to sections, recitals, and
the preamble shall, unless otherwise stated, refer to the Sections, Recitals, and Preamble of this
Agreement. In construing this Agreement, the singular form shall include the plural and vice versa. This
Agreement shall not be construed as if it had been prepared by one of the Parties, but rather as if both
Parties have prepared the agreement.
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SECTION 17
Integration.
This Agreement, all attached exhibits, and all related documents referred to in this Agreement,
constitute the entire agreement between the Parties. There are no oral or parol agreements which are not
expressly set forth in this Agreement and the related documents being executed in connection with this
Agreement. This Agreement may not be modified, amended, or otherwise changed except by a writing
executed by the party to be charged.
SECTION 18
Third-Party Rights.
Nothing in this Agreement, express or implied, is intended to confer upon any person, other than
the Parties and their respective successors and assigns, any rights or remedies.
SECTION 19
Severability.
If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this
Agreement shall not be affected.
SECTION 20
Waivers.
No waiver or breach of any provision shall be deemed a waiver of any other provision, and no
waiver shall be valid unless it is in writing and executed by the waiving party. No extension of time for
performance of any obligation or act shall be deemed an extension of time for any other obligation or act.
SECTION 21
Counterparts.
This Agreement may be executed in one or more counterparts, each of which shall be deemed an
original and all of which taken together shall constitute one and the same instrument. The execution of
this Agreement shall be deemed to have occurred, and this Agreement shall be enforceable and effective,
only upon the complete execution of this Agreement by both Parties.
SECTION 22
Survival.
All representations and warranties contained herein, and all indemnities, shall survive the
Closing.
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SECTION 23
Incorporation of Exhibits.
All attached exhibits are incorporated in this Agreement by reference.
SECTION 24
Authority of Parties.
All persons executing this Agreement on behalf of a party warrant that they have the authority to
execute this Agreement on behalf of that party.
SECTION 25.
Governing Law.
This Agreement shall be governed by and construed in accordance with California law.
SECTION 26.
Recitals.
The recitals set forth above are true and correct and are incorporated herein by this reference.
SECTION 27.
.
Further Assurances
Each party agrees to do any other acts and to execute, acknowledge, and deliver any documents
requested to carry out the intent and purpose of this Agreement.
Whereas the Parties have executed this Agreement effective as of the date first written above.
CITY: NKT Commercial:
_________________________________________________________
STEVEN ADAMS, City Manager NICK TOMPKINS
ATTEST: Its:
_____________________________
Kelly Wetmore, City Clerk
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APPROVED AS TO FORM AND LEGAL
EFFECT:
______________________________
TIMOTHY J. CARMEL, City Attorney
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C RROy
RPORATED 2
m
F OR
N
MEMORANDUM
TO: CITY COUNCIL
1
FROM: TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: AGENDA ITEM 9.a. NOVEMBER 10, 2009 CITY COUNCIL MEETING
Consideration of Centennial Plaza Project and a Purchase and Sale
and Improvement Agreement for Acquisition of Property at 300 E.
Branch Street and Sale and Development of City Property at 200 and
208 E. Branch Street and the Adjacent Parking Area.
DATE: NOVEMBER 9, 2009
Attached for your information is a copy of the City of Arroyo Grande Initial Study and
Draft Mitigated Negative Declaration associated with the above proposal.
pRROyO
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INOORPORATED 9 ,Z CITY OF ARROYO GRANDE
JU 4 INITIAL STUDY
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DRAFT MITIGATED NEGATIVE DECLARATION
Project Title: Development Agreement 09 -001
Lead Agency Name and Address: City of Arroyo Grande
214 East Branch Street
Arroyo Grande, CA 93420
Contact Person and Phone Number: Teresa McClish, Director of Community
Development
(805) 473 -5420
Project Location: The Corner of East Branch Street and Short
Street (Portions of APN 007-492-004;
1 Including 200 and 208. East Branch Street)
Project Sponsor's Name and Address: NTK Commercial CIO Nick Tompkins
City of Arroyo Grande
General Plan Designation: Village Core (VC)
Description of Project: Commercial development and public plaza
on 0.38 acres
Surrounding Land Uses and Settings: Commercial to the north and west, City Hall
to the east, public parking, public gazebo,
public space and pedestrian bridge, Arroyo
Grande Creek to the south
Other Public Agency Required Approval: None
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
Aesthetics Agricultural Resources Air Quality
Biological Resources Z Cultural Resources Geology and Soils
Hazards and Hazardous Hydrology and Water Land Use and Planning
Materials Quality
Mineral Resources Noise Population and Housing
Public Services Recreation Transportation/Traffic
Utilities and Service Mandatory Findings of
Systems Significance
DETERMINATION:
I find that the proposed project COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because revisions in the
project have been made or agreed to by the project proponent. A MITIGATED
NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and
an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a "potentially significant impact" or "potentially
significant unless mitigated" impact on the environment, but at least one effect 1) has
been adequately analyzed in an earlier document pursuant to applicable legal
standards, and 2) has been addressed by mitigation measures based on the earlier
analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is c
required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the
environment, because all potentially significant effects (a) have been analyzed
adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable
standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or
NEGATIVE DECLARATION, including revisions or mitigation measures that are i
imposed upon the proposed project, nothing further is required.
=i
;,t r 6 October 2009
Signature! Date
Teresa McClish, AICP
Printed Name
EVALUATION OF ENVIRONMENTAL IMPACTS:
1. A brief explanation is required for all answers except "No Impact" answers that are
adequately supported by the information sources a lead agency cites in the
parentheses following each question. A "No Impact" answer is adequately
supported if the referenced information sources show that the impact simply does
not apply to projects like the one involved (e.g., the project falls outside a fault
rupture zone). A "No Impact" answer should be explained where it is based on
project specific factors as well as general standards (e.g., the project will not
expose sensitive receptors to pollutants, based on a project- specific screening
analysis).
2. All answers must take account of the whole action involved, including off -site as
well as on -site, cumulative as well as project level, indirect as well as direct, and
construction as well as operational impacts.
3. Once the lead agency has determined that a particular physical impact may occur,
then the checklist answers must indicate whether the impact is potentially
significant, less than significant with mitigation, or less than significant. "Potentially
Significant Impact" is appropriate if there is substantial evidence that an effect may
be significant. If there are one or more "Potentially Significant Impact" entries when
the determination is made, an EIR is required.
4. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies
where the incorporation of''mtigation measures has reduced an effect from
"Potentially Significant Impact" to a "Less Than Significant Impact." The lead
agency must describe the mitigation measures, and briefly explain how they
reduce the effect to a less than significant level (mitigation measures from Section
XVII, "Earlier Analyses may be cross- referenced).
5. Earlier analyses may used where, pursuant to the tiering, program EIR, or other
CEQA process, an effect has been adequately analyzed in an earlier EIR or
negative declaration: Section 15063(c)(3)(D). In this case, a brief discussion
should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review.
b) Impacts Adequately Addressed. Identify which effects from the above checklist
were within the scope of and adequately analyzed in an earlier document
pursuant to applicable legal standards, and state whether such effects were
addressed by mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are "Less than Significant with Mitigation
Measures Incorporated," describe the mitigation measures which were
incorporated or refined from the earlier document and the extent to which they
address site specific conditions for the project.
7. Lead agencies are encouraged to incorporate into the checklist references to
information sources for potential impacts (e.g., general plans, zoning ordinances).
Reference to a previously prepared or outside document should, where
appropriate, include a reference to the page or pages where the statement is
substantiated.
8. Supporting Information Sources: A source list should be attached, and other
sources used or individuals contacted should be cited in the discussion.
9. This is only a suggested form, and lead agencies are free to use different formats;
however, lead agencies should normally address the questions from this checklist
that are relevant to a project's environmental effects in whatever format is selected.
10. The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question;
and
b) the mitigation measure identified, if any, to reduce the impact to less than
significance
Potentially Potentially Less Than No
Significant Significant Impact Significant Impact
Impact Unless Mitigation Impact
Incorporation
I. AESTHETICS Would the project:
Have a substantial adverse effect on a scenic
vista? [1, 13, 14]
Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway? [13, 16]
Substantially degrade the existing visual
character or quality of the site and its
surroundings? [13, 14]
Create a new source of substantial light or
glare which would adversely affect day or
nighttime views in the area? [13, 14]
II. AGRICULTURAL RESOURCES Would
the project:
Convert Prime Farmland, Unique Farmland,
or Farmland of Statewide Importance
(Farmland), as shown on the maps prepared
pursuant to the Farmland Mapping and
Monitoring Program of the California
Resources Agency, to non agricultural use?
Conflict with existing zoning for agricultural
use, or a Williamson Act contract? [4]'''
Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of
Farmland, to non agricultural use? [1, 2]
III. AIR QUALITY Would the project:
Conflict with or obstruct implementation of the
applicable air quality plan? [10]
Violate any air quality standard or contribute
substantially to an existing or projected air
quality violation? [10, 13]
Result in a cumulatively considerable net U
increase of any criteria pollutant for which the
project region is non attainment under an
applicable federal or state ambient air quality
standard (including releasing emissions which
exceed quantitative thresholds for ozone
precursors)? [10, 13]
Expose sensitive receptors to substantial Z 11
pollutant concentrations? [13]
Potentially Potentially Less Than No
Significant Significant Impact Significant Impact
Impact Unless Mitigation Impact
Incorporation
Create objectionable odors affecting a
substantial number of people? [13]
IV. BIOLOGICAL RESOURCES Would the
project:
Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate,
sensitive, or special status species in local or
regional plans, policies, or regulations, or by
the California Department of Fish and Game
or U.S. Fish and Wildlife Service? [17]
Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional plans,
policies, regulations or by the California
Department of Fish and Game or US Fish and
Wildlife Service? [13, 14]
Have a substantial adverse effect on federally
protected wetlands as defined by Section 404
of the Clean Water Act (including, but not
limited to, marsh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological
interruption, or other means? [13, 14]
Interfere substantially with the movement of
any native resident or migratory fish or wildlife
species or with established native resident or
migratory wildlife corridors, or impede the use
of native wildlife nursery sites? [13, 14]
Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance? [3, 13]
Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan? [6]
V. CULTURAL RESOURCES Would the
project:
Cause a substantial adverse change in the
significance of a historical resource as defined
in 15064.5? [6, 191
Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to 15064.5? [6, 19]
Potentially Potentially Less Than No
Significant Significant Impact Significant Impact
Impact Unless Mitigation Impact
Incorporation
Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature? [6, 19]
Disturb any human remains, including those
interred outside of formal cemeteries? [6, 19]
VI. GEOLOGY AND SOILS Would the
project:
Expose people or structures to potential
substantial adverse effects, including the risk
of loss, injury, or death involving:
Rupture of a known earthquake fault, as
delineated on the most recent Alquist Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer
to Division of Mines and Geology Special
Publication 42. [5, 6, 15]
Strong seismic ground shaking? [5, 6, 15]
Seismic related ground failure, including
liquefaction? [5, 6, 15]
Landslides? [5, 6, 15]
Result in substantial soil erosion or the loss of El
topsoil? [5, 6, 15]
Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in
on- or off -site landslide, lateral spreading,
subsidence, liquefaction or collapse? [5, 6,
15]
Be located on expansive soil, as defined in
Table 18 -1 -B of the Uniform Building Code
(1994), creating substantial risks to life or
property? [5, 6, 15]
Have soils incapable of adequately supporting
the use of septic tanks or alternative
wastewater disposal systems where sewers
are not available for the disposal of
wastewater? [5, 6, 15]
VII. HAZARDS AND HAZARDOUS
MATERIALS Would the project:
Create a significant hazard to the public or the
environment through the routine transport,
use, or disposal of hazardous materials? [13]
Potentially Potentially Less Than No
Significant Significant Impact Significant Impact
Impact Unless Mitigation Impact
Incorporation
Create a significant hazard to the public or the
environment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials into the
environment? [13]
Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
substances, or waste within one quarter mile
of an existing or proposed school? [13]
Be located on a site which is included on a list
of hazardous materials sites compiled
pursuant to Government Code Section
65962.5 and, as a result, would it create a
significant hazard to the public or the
environment? [6, 13]
For a project located within an airport land
use plan or, where such a plan has not been
adopted, within two miles of a public airport or
public use airport, would the project result in a
safety hazard for people residing or working in
the project area? [13]
For a project within the vicinity of a private
airstrip, would the project result in a safety
hazard for people residing or working in the
project area? [13]
Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation
plan? [1, 13]
Expose people or structures to a significant
risk of loss, injury or death involving wildland
fires, including where wildlands are adjacent
to urbanized areas or where residences are
intermixed with wildlands? [6, 13]
VIII. HYDROLOGY AND WATER QUALITY
Would the project:
Violate any water quality standards or waste
discharge requirements? [9, 13, 16]
Potentially Potentially Less Than No
Significant Significant Impact Significant Impact
Impact Unless Mitigation Impact
Incorporation
Substantially deplete groundwater supplies or
interfere substantially with groundwater
recharge such that there would be a net
deficit in aquifer volume or a lowering of the
local groundwater table level (e.g., the
production rate of pre- existing nearby wells
would drop to a level which would not support
existing land uses or planned uses for which
permits have been granted)? [1, 7]
Substantially alter the existing drainage
pattern of the site or area, including through
the alteration of the course of a stream or
river, in a manner which would result in
substantial erosion or siltation on- or off-site?
[9, 13, 16]
Substantially alter the existing drainage
pattern of the site or area, including through
the alteration of the course of a stream or
river, or substantially increase the rate or
amount of surface runoff in a manner which
would result in flooding on- or off -site? [9, 13,
16]
Create or contribute runoff water which would
exceed the capacity of existing or planned
stomiwater drainage systems or provide
substantial additional sources of polluted
runoff? [9, 13, 16]
Otherwise substantially degrade water n
quality? [11]
Place housing within a 100 -year flood hazard
area as mapped on a federal Flood Hazard
Boundary or Flood Insurance Rate Map or
other flood hazard delineation map? [12, 13]
Place within a 100 -year flood hazard area
structures which would impede or redirect
flood flows? [12, 13]
Expose people or structures to a significant
risk of loss, injury or death involving flooding,
including flooding as a result of the failure of a
levee or dam? [12, 13]
Inundation by seiche, tsunami, or mudflow?
[12, 13]
IX. LAND USE AND PLANNING Would the
project:
Potentially Potentially Less Than No
Significant Significant Impact Significant Impact
Impact Unless Mitigation Impact
Incorporation
Physically divide an established community?
[1, 21
Conflict with any applicable land use plan,
policy, or regulation of an agency with
jurisdiction over the project (including, but not
limited to the general plan, specific plan, local
coastal program, or zoning ordinance)
adopted for the purpose of avoiding or
mitigating an environmental effect? [1, 2, 3, 4,
13]
Conflict with any applicable habitat
conservation plan or natural community
conservation plan? [61
X. MINERAL RESOURCES Would the
project:
Result in the loss of availability of a known
mineral resource that would be of value to the
region and the residents of the state? [6]
Result in the loss of availability of a locally-
important mineral resource recovery site
delineated on a local general plan, specific
plan or other land use plan? [6]
XI. NOISE Would the project result in:
Exposure of persons to or generation of noise
levels in excess of standards established in
the local general plan or noise ordinance, or
applicable standards of other agencies? [1,
13]
Exposure of persons to or generation of
excessive groundborne vibration or
groundborne noise levels? [1, 131
A substantial permanent increase in ambient
noise levels in the project vicinity above levels
existing without the project? [13]
A substantial temporary or periodic increase
in ambient noise levels in the project vicinity
above levels existing without the project? [1,
13]
For a project located within an airport land
use plan or, where such a plan has not been
adopted, within two miles of a public airport or
public use airport, would the project expose
people residing or working in the project area
to excessive noise levels? [1, 2]
Potentially Potentially Less Than No
Significant Significant Impact Significant Impact
Impact Unless Mitigation Impact
Incorporation
For a project within the vicinity of a private
airstrip, would the project expose people
residing or working in the project area to
excessive noise levels? [1, 2]
XII. POPULATION AND HOUSING Would
the project:
Induce substantial population growth in an
area, either directly (for example, by
proposing new homes and businesses) or
indirectly (for example, through extension of
roads or other infrastructure)? [1, 11]
Displace substantial numbers of existing
housing, necessitating the construction of
replacement housing elsewhere'? [11, 12]
Displace substantial numbers of people, LEI
necessitating the construction of replacement
housing elsewhere? [11, 12]
XIII. PUBLIC SERVICES
Would the project result in substantial
adverse physical impacts associated with the
provision of new or physically altered
governmental facilities, need for new or
physically altered governmental facilities, the
construction of which could cause significant
environmental impacts, in order to maintain
acceptable service ratios, response times or
other performance objectives for any of the
public services:
Fire protection? [1, 5, 13]
Police protection? [1, 5, 13]
Schools? [1,' 5, 13].
Parks? [1, 5, 13] ,1
Other public facilities? [1, 5, 13]
XIV. RECREATION
Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial
physical deterioration of the facility would
occur or be accelerated? [1, 5, 13]
Does the project include recreational facilities
or require the construction or expansion of
recreational facilities which might have an
adverse physical effect on the environment?
[1, 5, 13]
Potentially Potentially Less Than No
Significant Significant Impact Significant Impact
Impact Unless Mitigation Impact
Incorporation
XV. TRANSPORTATION /TRAFFIC Would
the project:
Cause an increase in traffic which is
substantial in relation to the existing traffic
load and capacity of the street system (i.e.,
result in a substantial increase in either the
number of vehicle trips, the volume to
capacity ratio on roads, or congestion at
intersections)? [1, 11, 13]
Exceed, either individually or cumulatively, a
level of service standard established by the
county congestion management agency for
designated roads or highways? [1, 11, 13]
Result in a change in air traffic patterns, 0
including either an increase in traffic levels or
a change in location that results in substantial
safety risks? [1]
Substantially increase hazards due to a
design feature (e.g., sharp curves or
dangerous intersections) or incompatible uses
(e.g., farm equipment)? [1, 13]
Result in inadequate emergency access? [13]
Result in inadequate parking capacity? [3, 13]
Conflict with adopted policies, plans, or
programs supporting alternative transportation
(e.g., bus turnouts, bicycle racks)? [1, 13]
XVI. UTILITIES AND SERVICE SYSTEMS
Would the project:
Exceed wastewater treatment requirements of
the applicable Regional Water Quality Control
Board? [1, 8]
Require or result in the construction of new
water or wastewater treatment facilities or
expansion of existing facilities, the
construction of which could cause significant
environmental effects? [1, 8]
Require or result in the construction of new
storm water drainage facilities or expansion of
existing facilities, the construction of which
could cause significant environmental effects?
[1, 9]
Potentially Potentially Less Than No
Significant Significant Impact Significant Impact
Impact Unless Mitigation Impact
Incorporation
Have sufficient water supplies available to
serve the project from existing entitlements
and resources, or are new or expanded
entitlements needed? [1, 6]
Result in a determination by the wastewater
treatment provider which serves or may serve
the project that it has adequate capacity to
serve the project's projected demand in
addition to the provider's existing
commitments? [1, 8]
Be served by a landfill with sufficient
permitted capacity to accommodate the
project's solid waste disposal needs? [1, 61
Comply with federal, state, and local statutes
and regulations related to solid waste? [1, 6,
8]
XVII. MANDATORY FINDINGS OF
SIGNIFICANCE
Does the project have the potential to
degrade the quality of the environment,
substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife
population to drop below self- sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the
range of a rare or endangered plant or animal
or eliminate important examples of the major
periods of California history or prehistory?
Does the project have impacts that are
individually limited, but cumulatively
considerable? "Cumulatively considerable"
means that the incremental effects of a
project are considerable when viewed in
connection with the effects of past projects,
the effects of other current projects, and the
effects of probable future projects)?
Does the project have environmental effects
which will cause substantial adverse effects
on human beings, either directly or indirectly?
SOURCE LIST:
1. City of Arroyo Grande General Plan
2. City of Arroyo Grande Land Use Map
3. City of Arroyo Grande Development Code
4. City of Arroyo Grande Zoning Map
5. City of Arroyo Grande Existing Setting and Community Issues Report
6. City of Arroyo Grande General Plan EIR
7. City of Arroyo Grande Urban Water Management Plan
8. City of Arroyo Grande Sewer Master Plan
9. City of Arroyo Grande Drainage Plan
10. Air Pollution Control District Clean Air Plan
11. SANDAG Trip Generation Rates
12. FEMA Flood Insurance Rate Map
13. Project Plans, October 6, 2009
14. Site Inspection
ENVIRONMENTAL SETTING:
The project site is located in the Village of Arroyo Grande and totals approximately 0.38
acres in size. Existing at the site is the City of Arroyo Grande's Building Department office
(825 square feet) and parking lot (15 spaces).
PROJECT DESCRIPTION:
Short Street Redevelopment and Centennial Plaza (Development Agreement 09 -001)
The proposed project seeks to 1) construct a multi- tenant single story commercial building
within the Village Core which is designed to be compatible with existing turn of the 19
Century commercial storefront and residential architecture of the Village Core and 2) convert
an approximately 113 foot section of Short Street into Centennial Plaza. Project details
include:
The creation a lot with approximate dimensions of 92 feet wide by 79 feet deep;
Development of Centennial Plaza which will provide passive open space, floral
displays and outdoor dining opportunities;
Adaptive reuse of the current Public Works Division building (Conrad House, 208 East
Branch Street) which is designated as a local historic resource;
Demolition of the Building Division building (200 East Branch Street) which is not
designated as a local historic resource;
Construction a single story commercial building with four tenant spaces totaling 5,700
square feet and with a maximum height of 26 feet.
The proposed commercial building will be placed on an existing 15 space parking lot
but the project will provide six spaces equating to a net loss of 9 parking spaces;
Development of an Administrative or Planned Sign Program for signs associated with
new commercial uses.
1. AESTHETICS
The proposed project would involve the construction of a commercial structure. The
project site and adjacent sites are not considered scenic areas. The project would
result in a graded, landscaped surface and the moderate -sized commercial structure
would be visible from East Branch Street as well as nearby off -site viewpoints and
commercial buildings, however the development would be similar in scale and
architecture to existing commercial buildings in the Village. The project site is located
within an area covered by the City's adopted D -2.4 Historic Character Guidelines
governing site design, architecture, parking and driveways, landscaping, lighting, signs
and utilities. A review of the Preliminary Development Plan evidences general
compliance with applicable commercial development standards. Final design of
building architecture including elevation appearance, materials, scale and massing will
be considered during future discretionary review hearings.
III. AIR QUALITY
Demolition activities can have potential negative air quality impacts, including issues
surrounding proper handling, demolition, and disposal of asbestos containing material
(ACM). Asbestos containing materials could be encountered during demolition or
remodeling of existing buildings. Asbestos can also be found in utility pipes /pipelines
(transit pipes or insulation on pipes). Implementation of the following mitigation
measure will reduce these potential impacts to a less- than significant level:
MM III -1: If utility pipelines are scheduled for removal or relocation; or building(s)
are removed or renovated this project may be subject to various
regulatory jurisdictions, including the requirements stipulated in the
National Emission Standard for Hazardous Air Pollutants (40CFR61,
Subpart M asbestos NESHAP). Prior to removing /relocating any utility
pipelines or removing /renovating any buildings, the applicant shall
complete the following steps: 1) notify the San Luis Obispo County Air
Pollution Control District (APCD), 2) complete an asbestos survey
conducted by a Certified Asbestos Inspector, and, 3) fulfill all applicable
removal and disposal requirements of any identified ACM.
Construction activities can generate fugitive dust, which could be a nuisance to local
residents and businesses in close proximity to the proposed construction site Dust
complaints could result in a violation of the APCD's 402 "Nuisance" Rule. Any project
with a grading area greater than 4.0 acres exceeds the APCD's Particulate Matter
(PM10) quarterly threshold. The proposed project is near sensitive receptors and shall
implement all applicable Air Pollution Control District regulations pertaining to the
control of fugitive dust (PM10) as contained in section 6.5 of the Air Quality Handbook.
Implementation of the following mitigation measures will reduce these potential
impacts to a less- than significant level:
MM III -2: All site grading and demolition plans shall list the following regulations:
a. Reduce the amount of the disturbed area where possible,
b. Use of water trucks or sprinkler systems in sufficient quantities to
prevent airborne dust from leaving the site. Increased watering
frequency would be required whenever wind speeds exceed 15
mph. Reclaimed (non potable) water should be used whenever
possible,
c. All dirt stock pile areas should be sprayed daily as needed,
d. Permanent dust control measures identified in the approved
project revegetation and landscape plans should be implemented
as soon as possible following completion of any soil disturbing
activities,
e. Exposed ground areas that are planned to be reworked at dates
greater than one month after initial grading should be sown with a
fast germinating native grass seed and watered until vegetation is
established,
f. All disturbed soil areas not subject to revegetation should be
stabilized using approved chemical soil binders, jute netting, or
other methods approved in advance by the APCD,
g. All roadways, driveways, sidewalks, etc. to be paved should be
completed as soon as possible. In addition, building pads should
be laid as soon as possible after grading unless seeding or soil
binders are used,
h. Vehicle speed for all construction vehicles shall not exceed 15
mph on any unpaved surface at the construction site,
i. All trucks hauling dirt, sand, soil, or other loose materials are to be
covered or should maintain at least two feet of freeboard
(minimum vertical distance between top of load and top of trailer)
in accordance with CVC Section 23114,
j. Install wheel washers where vehicles enter and exit unpaved
roads onto streets, or wash off trucks and equipment leaving the
site, and
k. Sweep streets at the end of each day if visible soil material is
carried onto adjacent paved roads. Water sweepers with
reclaimed water should be used where feasible.
MM III -3: All portable equipment, 50 horsepower (hp) or greater, used during
construction activities will require California statewide portable
equipment registration (issued by the California Air Resources Board) or
an APCD permit.
While this project's estimated construction impacts are not expected to exceed the
significance thresholds for ozone precursors, PM from diesel exhaust will result from
the diesel construction equipment operating during the construction phase of the
project, and the project site is less than 1,000 feet away from residences and is an
elementary school. Implementation of the following mitigation measures will reduce
these potential impacts to a less- than significant level:
MM 111-4: 1. All on -road hauling trucks should be 2003 or newer to reduce
diesel PM and NOx emissions;
2. All onsite off -road construction equipment should be 2003 or
newer or be retrofitted with diesel particulate filters (CDPF) or
diesel oxidation catalysts;
3. Staging and queuing areas shall not be located within 1,000 feet
of sensitive receptors;
4. Diesel idling within 1,000 feet of sensitive receptors is not
permitted;
5. Use of alternative fueled equipment is recommended whenever
possible; and
6. Signs that specify the no idling requirements must be posted and
enforced at the construction site.
Operational impacts of this development Implementation of the following mitigation
measures will reduce these potential impacts to a less- than significant level:
MM III -5: 1. Provide on -site bicycle parking or participate in the Racks with
Plaques program within the Village Core. One bicycle parking
space for every 10 car parking spaces is considered appropriate;
2. Provide preferential carpool and vanpool parking spaces;
Provide shower and locker facilities to encourage employees to
bike and /or walk to work, typically one shower and three lockers
for every 25 employees; and,
4. Increase the building energy efficiency rating by 10% above what
is required by Title 24 requirements. This can be accomplished in
a number of ways (increasing attic, wall, or floor insulation,
installing double pane windows, using efficient interior lighting,
etc.).
5. Use high efficiency gas or solar water heaters.
6. Use built -in energy efficient appliances.
7. Use double -paned windows.
Operational phase impacts of the greenhouse gas known as carbon dioxide (CO2)
implementation of the following mitigation measures to minimize project related GHG
impacts:
MM III -6: Incorporate 'green building' techniques into the project, such as:
Building, positioning and engineering that eliminate or minimize
the development's active heating and cooling needs;
Implementing solar systems to reduce energy needs;
Planting of native, drought resistant landscaping;
Use of locally or nearby produced building materials, and;
Use of renewable or reclaimed building materials.
IV. BIOLOGICAL RESOURCES
The site is currently developed with structures and has been graded and paved for
parking uses. Biological resources are limited to 10 mature ornamental trees including
Bottle Brush, Chinese Twisted Juniper and an Acacia Tree. Conceptual designs
include recessed front facades to allow the Acacia tree to remain. New ornamental
landscaping will be required for the project.
Implementation of the proposed project would not result in an increase in impervious
surfaces generating additional urban runoff to Arroyo Grande Creek from the new
development. The proposed project as described above will capture storm water in
drain inlets with fossil filter inserts that are conveyed to the City's bioswale prior to
release to Arroyo Grande Creek.
V. CULTURAL RESOURCES
The project area is in close proximity to a local historic structure (Conrad House) and
has the potential to impact that resource. Implementation of the following mitigation
measure will reduce potential impacts to cultural resources to a less- than significant
level:
MM V -I: Prior to project construction, the applicant shall develop a project that is
reviewed by Historic Resources Committee and the Architectural
Committee and determined through the Conditional Use Permit process
to be consistent with the Secretary of the Interior's Standards for the
Treatment of Historic Properties and the City's Design Guidelines and
Standards for Historic Districts.
VI. GEOLOGY AND SOILS
The project site is located within the long developed Village Core. The project site has
been the subject of previous grading and paving activities. Other than standard
construction grading and necessary design- specified soil compaction, the proposed
project would not involve any substantial topographical changes. Issues related to
liquefaction, groundwater seepage, expansive material and the potential for differential
settlement is minimal and will be addressed with standard building permit
requirements including the submittal of geotechnical studies that include appropriate
structural design solutions.
Based on the General Plan and review of the Alquist Priolo Zone Fault maps, the
proposed project is not located on a known earthquake fault subject to rupture. The
proposed project will be subject to the effects of periodic seismic events in the region,
including ground shaking. However, exposure of people to these events can be
mitigated to an acceptable level of risk by following Uniform Building Code development
standards.
VII. HAZARDS AND HAZARDOUS MATERIALS
The project site is not known to contain any hazards or hazardous materials, nor
would operation of the project involve the generation or emission of hazardous
materials.
VIII. HYDROLOGY AND WATER QUALITY
The City is currently in a "severely restricted water supply condition as defined in
Municipal Code Section 13.05.040. Any new development will place a further burden on
the City's already limited water supply.
The estimated baseline water demand for the proposed project is 1.824 acre -feet per
year based on 0.38 acre feet/year per 1000 square feet gross floor area less the water
use for the existing building. There are a number of strategies that the applicant can
employ in the design and construction of the project (ultra low -flow fixtures, graywater
systems, etc) that could potentially reduce the estimated annual water use. In any case,
the project will increase demand on the City's restricted water supply, and the only way
to completely mitigate this increased demand is to offset the increased demand off -site.
Implementation of the following mitigation measure will reduce the impact to the City's
water supply to a less than significant level:
MM VIII -1: The applicant shall submit detailed calculations showing the total
estimated water demand of the project based on implementation of
specific on -site water- saving strategies (ultra low -flow fixtures, graywater
systems, etc).
MM VIII -2: The applicant shall offset the estimated water demand of the project by
either:
1. Implementing an off -site water neutralization program for any
facility or property served by the City that reduces water use by an
equivalent (or greater) number of acre -feet per year as estimated
project demand; or
2. Payment of a water neutralization fee (currently $5,995 /acre -foot)
to offset estimated project demand through funding of various
water conservation programs administered by the City (cash for
grass, appliance rebates, etc).!
IX. LAND USE AND PLANNING
The City's Land Use Element identifies the property as Mixed -Use (MU), and the
property is zoned Village Core Downtown (VCD) which allows a maximum density of
fifteen (15) dwelling units per acre. The Mixed Use zone allows for a variety of uses
including retail, office and residential. The proposed building design allows for
flexibility and variety of retail and office uses. The project does have a potential to
temporally decrease space available for City Hall facilities until suitable facilities can
be purchased or leased and improved.
X. MINERAL RESOURCES
The property is not known to contain any mineral resources, nor are there any known
mineral resources in the vicinity of the property.
XI. NOISE
The, property is adjacent to existing residential uses, which will be exposed to short-
term noise impacts, primarily from construction activities. Conformance with the City's
Development Code and standard conditions of approval will reduce these impacts to a
less than significant level.
XII. POPULATION AND HOUSING
The proposed project would not add housing. This density is consistent with the City's
General Plan, and any impacts to population and housing are therefore considered to
be less than significant.
XIII. PUBLIC SERVICES
Adequate services exist in the community to support the proposed project. All
applicable development impact fees will be paid as required by State and local
mandates; therefore any impacts to public services are considered to be less than
significant.
XIV. RECREATION
Adequate parks and recreational facilities exist in the community to support the
proposed project including three nearby parks (Hoosegow Park, Kiwanis Park and
Village Green) that adequately provide recreational activities for the Village area. The
project does not include recreational facilities but will be subject to paying proportional
recreational facilities fees. All applicable parks and recreation fees will be paid as
required; therefore any impacts to recreation are considered to be less than
significant.
XV. TRANSPORTATIONITRAFFIC
Transportation, traffic and circulation impact from the project have been studied in a
report by Omni Means dated October 7, 2009. The study includes analysis of Short-
Term conditions with closure of Short Street and Long-Term cumulative conditions
both with the closure of Short- Street and the addition of a 65 space public off street
parking lot located on the north side of E. Branch Street. The study quantifies existing
and future multi -modal transportation circulation related conditions with these
changes. Review of parking, safety, pedestrian access, and vehicular mobility has
been included, based upon existing City General Plan policies. The study concludes
that intersections and pedestrian and bicycle circulation would continue at acceptable
level of service in all scenarios. See attached Omni Means report.
XVI. UTILITIES AND SERVICE SYSTEMS
proposed project will tie into existing infrastructure for power, gas,
communications systems, water treatment and solid waste disposal. The proposed
project is within the expected demand for these services based on the City's General
Plan; therefore any impacts to utilities and service systems is considered to be less
than significant.
OF pRROyO
INCORPORATED Z
g
m
JULY 10. 1911
e
.4 F o&
MEMORANDUM
TO: CITY COUNCIL
FROM: TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR'S M
v
SUBJECT: AGENDA ITEM 9.a. NOVEMBER 10, 2009 CITY COUNCIL MEETING
Consideration of Centennial Plaza Project and a Purchase and Sale
and Improvement Agreement for Acquisition of Property at 300 E.
Branch Street and Sale and Development of City Property at 200 and
208 E. Branch Street and the Adjacent Parking Area.
DATE: NOVEMBER 9, 2009
Attached for your information is correspondence received from Gary Scherquist
concerning the above proposal.
Kelly Wetmore
From: Teresa McClish
Sent: Monday, November 09, 2009 11:40 AM
To: Kelly Wetmore
Subject: FW: Agenda item 9.b CC mtg Nov. 10,'09
Teresa McChsh, AICP
Director of Community Development
City of Arroyo Grande
P.O. Box 550
214 E. Branch Street
Arroyo Grande, CA 93421
(805) 473 -5420
fax (805) 473 -5489
tmcclish([�arro�ogrande. org
From: Gary Scherquist
Sent: Monday, November 09, 2009 11:18 AM
To: Tony Ferrara; Ed Arnold; Joe Costello; Chuck Linda Fellows; Jim Guthrie
Cc: Steve Adams; Jim Bergman; Teresa McClish
Subject: Agenda item 9.b CC mtg Nov. 10,'09
Members of the City Council
Please excuse this email. It is important that I attend the Nov. 10, annual meeting of the South County Historical
Society, therefor, I will be unable to attend the City Council meeting.
I am writing to address Agenda Item 9.b, Centennial Plaza. Specifically the present Building and Life Safety
Building (200 E. Branch). After reviewing the staff report and especially the included illustraions it is clear that
retention of the 200 E. Branch building is the right thing to do. The illustrations prepared by MW Architects
show how easily the building can be incorporated into the project. It puts the proposed Plaza in context with
identifiable City icons and does not tear them down.
In your consideration of the three alternates proposed by Staff, please keep in mind that 4 members of the HRC,
3 members of the Planning Commission and 2 members of the Council found this building worthy on being
designated a local historic resource.
Thank you for your consideration,
Gary Scherquist
Gary L. Scherquist Architect
1
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