Agenda Packet 2010-11-23Z
C ity Coiuicil
Tony Ferrara, Mayor \Chair
Jim Guthrie, Mayor Pro Tem \Vice Chair
Joe Costello, Council \Board Member
Chuck Fellows, Council \Board Member
Caren Ray, Council \Board Member
d.
Steven Adams, City Manager
Timothy J. Carmel , City Attorney
Kelly Wetmore, City Clerk
AGENDA SUMMARY
CITY COU NCI LXREDEVELOPM ENT AGENCY MEETING
TUESDAY, NOVEMER 23, 2010
7:00 P.M.
Arroyo Grande City Council Chambers
215 East Branch Street, Arroyo Grande
1.
CALL TO ORDER
2. ROLL CALL
3. FLAG SALUTE
4. INVOCATION
5.
SPECIAL PRESENTATIONS
None.
7:00 P.M.
CC /RDA
MAYOR FERRARA
PASTOR GEORGE LEPPER
FIVE CITIES FIRE AUTHORITY
6. AGENDA REVIEW
6a. Move that all ordinances presented for introduction or adoption be read in title only
and all further readings be waived.
AGENDA SUMMARY — NOVEMBER 23, 2010
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Member may request that any item be withdrawn from the Consent Agenda to permit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.
8.a. Cash Disbursement Ratification (KRAETSCH)
Recommended Action: Ratify the listing of cash disbursements for the period
November 1, 2010 through November 15, 2010.
8.b. Statement of Investment Deposits (KRAETSCH)
Recommended Action: Receive and file the report of current investment deposits
as of October 31, 2010.
8.c. Consideration of Approval of Minutes (WETMORE)
Recommended Action: Approve the minutes of the Regular City Council Meeting of
November 9, 2010, as submitted.
8.d. Consideration of Side Letters of Aareement Amendina Arrovo Grande Police
Officers' Association and Service Employees International Union Local 620
Memorandums of Understanding (ADAMS)
Recommended Action: 1) Adopt a Resolution approving a Fourth Side Letter of
Agreement amending the Arroyo Grande Police Officers' Association (POA)
Memorandum of Understanding (MOU); and 2) Adopt a Resolution approving a
Fourth Side Letter of Agreement with the Service Employees International Union
Local 620 (SEIU) MOU.
AGENDA SUMMARY — NOVEMBER 23, 2010
PAGE 3
8. CONSENT AGENDA (cont'd)
8.e. Consideration of Reauest for Lucia Mar Unified School District Irrevocable
Offer of Dedication of Castillo Del Mar Right -of -Way (ADAMS)
Recommended Action: Request from the Lucia Mar Unified School District an
irrevocable offer of dedication for the Castillo Del Mar roadway extension property
behind the high school.
9. PUBLIC HEARINGS:
9.a. Consideration of Use of State 2010 -11 Citizens Option for Public Safety (COPS)
Funds (ANNIBALI)
Recommended Action: 1) Approve the Chief of Police's recommendation to utilize
the FY 2010 -11 COPS funds to continue the multi -year program for the replacement
and enhancement of the Police Department's radio communications equipment; 2)
Authorize the expenditure of $189,877 carried over from the City's FY 2009 -10 COPS
Program; and 3) Appropriate $1,734 in accrued interest.
9.b. Consideration of Develoament Code Amendment 10 -005: Amend Municipal
Code Section 16.44.040 Regarding Allowed Uses in the Public /Quasi - Public (PF)
Zoning District (MCCLISH)
Recommended Action: Introduce an Ordinance to amend Section 16.44.040 of the
Arroyo Grande Municipal Code regarding allowed uses in the Public /Quasi - Public (PF)
zoning district.
10. CONTINUED BUSINESS:
10.a. Consideration of an Encroachment Aareement between The Citv and NKT
Commercial in Connection with the "Shops at Short Street" Proiect (MCCLISH)
Recommended Action: Approve an agreement to address indemnification,
insurance and construction issues associated with the reconstruction of Short Street
and offsite sewer improvements associated with the "Shops at Short Street" project.
11. NEW BUSINESS:
11.a. Consideration of a Proposed Ordinance Amendina Portions of Title 8 (Fire
Code) and Title 15 (Building and Construction Codes) of the Arroyo Grande
Municipal Code (MCCLISH)
Recommended Action: 1) Introduce an Ordinance amending Arroyo Grande
Municipal Code Chapter 8.04 related to the adoption of the California Fire Code and
International Fire Code; amending Chapter 8.08 related to Fireworks; and amending
Chapter 15.04 related to the adoption of the California Building Code, California
Residential Code, California Electrical Code, California Mechanical Code, California
Plumbing Code, California Green Building Code, California Existing Building Code,
California Energy Code, California Historical Building Code and the International
Property Maintenance Code; and 2) Schedule a public hearing for December 14,
2010 in accordance with the requirements of Government Code Section 50022.3, to
consider final adoption of the Ordinance.
AGENDA SUMMARY — NOVEMBER 23, 2010
PAGE 4
11. NEW BUSINESS (cont'd)
11.b. Consideration of Fiscal Year 2010 -11 First Quarter Budqet Status Report
[CC /RDA] (KRAETSCH)
Recommended Action: 1) Approve Carryover Appropriations as shown on Schedule
A and approve budget adjustments and recommendations as listed in the Quarterly
Financial Report and shown on Schedule A.
12. CITY COUNCIL REPORTS
This item gives the Mayor and Council Members the opportunity to present reports to
the other members regarding committees, commissions, boards, or special projects
on which they may be participating.
(a) MAYOR FERRARA:
(1) San Luis Obispo Council of Governments /San Luis Obispo Regional
Transit Authority (SLOCOG /SLORTA)
(2) South San Luis Obispo County Sanitation District (SSLOCSD)
(3) Brisco /Halcyon /Hwy 101 Interchange Project Subcommittee
(4) Other
(b) MAYOR PRO TEM GUTHRIE:
(1) South County Area Transit (SCAT)
(2) Community Action Partnership (CAPSLO)
(3) Homeless Services Coordinating Council (HSOC)
(4) Tourism Committee
(5) Other
(c) COUNCIL MEMBER COSTELLO:
(1) Zone 3 Water Advisory Board
(2) Air Pollution Control District (APCD)
(3) Other
(d) COUNCIL MEMBER FELLOWS:
(1) Integrated Waste Management Authority Board (IWMA)
(2) County Water Resources Advisory Committee (WRAC)
(3) Other
(e) COUNCIL MEMBER RAY:
(1) Economic Vitality Corporation (EVC)
(2) California Joint Powers Insurance Authority (CJPIA)
(3) Other
13. 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.
AGENDA SUMMARY — NOVEMBER 23, 2010
PAGE 5
14. CITY MANAGER ITEMS
The following item(s) are placed on the agenda by the City Manager in order to
receive feedback and /or request direction from the Council. No formal action can be
taken.
None.
15. COUNCIL COMMUNICATIONS:
Correspondence /Comments as presented by the City Council.
16. STAFF COMMUNICATIONS:
Correspondence /Comments as presented by the City Manager.
17. COMMUNITY COMMENTS AND SUGGESTIONS:
This public comment period is an invitation to members of the community to present
issues, thoughts, or suggestions. Comments should be limited to those matters 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.
18. ADJOURNMENT to the Special City Council Reorganization Meeting on Thursday,
December 2, 2010 at 6:00 p.m. in the City Council Chambers, 215 E. Branch Street.
* * * * * * * * * * * * * * * * * * * * * * * **
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 in the City Clerk's office, 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.orgq.
THIS PAGE INTENTIONALLY LEFT BLANK
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INCORPORATED
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JULY 10, 1
MEMORANDUM
TO: CITY COUNCIL
FROM: : ANGELA KRAETSCH, DIRECTOR OF ADMINISTRATIVE SER ICE
f i
BY: FRANCES R. HEAD, ACCOUNTING SUPERVISOR
SUBJECT: CONSIDERATION OF CASH DISBURSEMENT RATIFI ATI N
DATE: NOVEMBER 23, 2010
RECOMMENDATION:
It is recommended the City Council ratify the attached listing of cash disbursements for
the period November 1 through November 15, 2010.
FINANCIAL IMPACT:
There is a $889,571.27 fiscal impact that includes the following items:
Accounts Payable Checks 147679- 147830 $ 386 # 268.52
0 Payroll Checks & Benefit Checks $ 483 # 304.75
BACKGROUND:
Cash disbursements are made weekly based on the submission of all required
documents supporting the invoices submitted for payment. Prior to payment,
A dministrative Services staff reviews all disbursement documents to ensure that they
meet the approval requirements adopted in the Municipal Code and the City's
Purchasing Policies and Procedures Manual of February 2000.
ANALYSIS OF ISSUES:
The attached listing represents the cash disbursements required of normal and usual
operations during the period. The disbursements are accounted for in the FY 2010-11
budget.
ALTERNATIVES:
The following alternatives are provided for the Council #s consideration:
Approve staff's recommendation;
Do not approve staff's recommendation;
0 Provide direction to staff.
Agenda Item 8.a.
Page 1
CITY COUNCIL
CONSIDERATION of CASH DISBURSEMENT RATIFICATION
NOVEMBER 23, 201
PAGE 2
ADVANTAGES:
The Administrative Services Department monitors payment o f invoices for
accountability, accuracy and completeness using standards approved by the
Council.
Invoices are paid in a timely manner to establish goodwill with merchants.
a Discounts are taken where applicable.
DISADVANTAGES:
No disadvantages have been identified as long as City Council confirms all
expenditures are appropriate.
ENVIRONMENTAL ONMEI T IL F E IEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION SAND COMMENTS:
The Agenda was posted in front of City Fall on Thursday, November rember , 2010. The
Agenda and report were posted on the City's website on Friday, November 19, 2010.
No public comments were received.
Attachments:
1. No rernber 1 — N ovem be 3\0 1 , 2010 - Accounts Payable Check Reg
2. November b, 2010 — Payroll Check & Benefit Checks Register
Agenda Item 8.a.
Page 2
ATTACHMENT 1
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Check History Listing
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11/15/2010
1 :01A M
CITY OF ARROYO GRANDE
Bank code: boa
Check #
Date Vendor
status ClearNold Date Invoice
Inv. Date
Amount Paid
Check Total
147079
1110112010 005799 AMERI RIVER COLLEGE
110110
1 110112010
36.00
38.00
147680
1110112010 000418 JOHN I ERSH N
1101
1110112010
420.54
420.54
147681
1110112010 005151 MICHAEL MARTINEZ
1 101 1 0
11/01/2010
442.85
442.85
147082
1110112010 008180 CBIA
110110
11/01/2010
225.00
225.00
147083
11/0212010 008179 TIMOTHY CRANE
R f0001
1012912010
122.07
122.07
1 47084
1110212010 008175 LPS FIELD SERVICES INC
R f0001
10/2912010
8.85
3.85
147085
1110212010 008178 MARGARET MORRIS
R f000107070
191291291
88.83
80.38
147680
1110212010 008176 PEGGY SNEED
R f00010 06
1912912910
167.13
167.18
147687
1110212010 0081 SILVIU STANCULESCU
R f0001 0 7069
1912912910
102.97
102.97
147688
1110212010 000058 BANK OF AMERICA
V 11102/2010
0.00
0.00
1 47689
1 110212010 000058 BANK OF AMERICA
10/8 -9444
1 108 /201
2 029 74
147690 1110212010 004548 CAR11 EL & NA CASHA, LLP
147691 11/02/2010 000553 SLO COUNTY
147692 1110312010 008182 CENTRAL COAST CAPCA
147693 11/0412010 000393 LUCIA MAR UNIFIED SCHOOL
147694 11/05/2010 000008 ADAMSON INDUSTRIES, IN
1913 -4272
1018 -7782
1018 -2050
1913 -9918
1018 -2083
1 018 -6736
1018 -9436
19/8 -258
13703
13702
13701
110210
110310
110310
111614119
1 010812010
101081201
101081201
101081201
1010312010
1010812010
1010812010
1010812010
1
11/0212010
1110212010
X111021201
1110312010
11 10412010
09/18/201
t
1,803.78
1,214.57
910.87
883.37
708.34
523.80
42.39
38.01
16,623-60
900.00
273.00
50.00
MO
15.00
1,004.14
3,1 49.87
17,796.60
50.00
60.00
1 5.00
1 04.14
page: 1
aHlt
1012512010
Che History Listing
000001721246
1012512010
Pag
11/15/2010
10:01 AM
DE
CITY OF ARROYO GRANDE
000001721243
1012512010
31.32
Bank code:
boa
29.20
00000171 631
1 012212010
28.90
Check #
Date Vendor
Status ClearNold Date Invoice
Inv. Date
Amount Paid
Check Total
147695
1110512010 006130 ALLIANCE READY MIX, INC
12035
1010512010
397.10
397.10
147696
1110612010 007241 ANIMAL SERVICES
100710
1010712010
22,905.00
22,905.00
147697
1110512010 000192 APPLE TIME INC
14266
1012512010
2
2
147698
1110512010 008167 APPLIED EARTHWORKS ORKS INC
21 -01
0913012010
10
10,1 54.62
147699
1110512010 008184 ISA EL AF EVALO
1 92910
1012912010
30.00
30.00
147700
1118512010 006607 AT &T
000001721244
1012512010
869.81
84.76
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1 47701 1110512010 007518 ZAK AYALA
147702 1110512010 000056 BACKYARD IMPROVEMENT
147703 1110812010 000078 BLUEPRINT EXPRESS
147704 1110512010 008183 NICHOLAS LAS PETER
147705 1110512010 008185 I H I DA EOWEN
147706 1110512010 000090 E ISCO MILL & LUMBER
147707 1110512010 007 304 BURKE, WILLIAMS &
147708 1110512010 000134 CA ST DEPT OF JUSTICE
147700 1110512010 003053 CID CABRIALES
147710 1110512010 007085 CALPO
147711 11/05/2010 000603 CAR QUEST AUTO PARTS
000001721247
1012512010
185.28
000001721246
1012512010
85.58
000001721240
18!2512010
36.61
000001721243
1012512010
31.32
000001721241
1 0125120
29.20
00000171 631
1 012212010
28.90
00000 242
10/2512010
1 4.27
102410
10/24/2010
1
73051
10/25/2010
74.88
11231
1 110112010
28.06
11206
1012712010
26-86
110110
1110112010
31.50
102 910
1012912010
80.00
146200
11/01/2010
9.77
140981
10/2612010
6
312677
1010612010
2
110410
11/04/2010
1 ,200.00
91131633
10/1812010
476.71
731 4 -441469
1011412010
211.91
7314 - 441389
1011412010
84.76
1,280.97
1
74.85
54.92
31.50
30.00
9.77
6
2,828.00
1,200.00
476.71
Page: 2
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11/18/2410 10:01
Check History Dieting
CITY OF ARROYO GRANDE
Page: 3
Bark code: boa
Check # Date
Vendor
147712 11/05/2010 000149 CENTRAL COAST FENCE,
147713 11/03/2410 003985 CENTRAL COAST
147714 11/05/2010 000164 CHRI TIANSON CHEVROLET
147715 11/05/2010 000195 CRYSTAL SPRINGS WATER
147715 11/05/2410 003227 SHANE DAY
147717 11/05/2010 005091 JOHN DEERE LANDSCAPES
147718 11/05/2010 000203 J B DEWAR, INC
147719 11/08/2010 006845 DNB INDUSTRIAL SUPPLY
147720 11/0812010 002673 DOCTORS MEDPLUS MED
147721 11/05/2010 007129 TERRY ENDER
147722 11105/2014 001525 FERGUSON ENTERPRISES,
147723 11/4512010 006333 F1A CARD SERVICES
Status ClearNoid Date Invoice
7314- 442325
7314 - 444324
7314- 441491
7314 - 442459
PI/ 2010 -06
A -25501
75153
9130 - 014273
1104'10
56 173807
56099675
56143114
56144118
56177324
743381
540053
#13585878
110310
6573999
6571135
6549950
CM 00657
CM93'1272
C114346
10/20 -5702
10120 -1331
10/20 -7845
10/20 -5330
10/20 - 5954
Inv. Date
10/19/2010
10/29/2010
1 0/14/2010
10/19/2410
11/02/2010
10/25/2010
10/46/2010
09/30/2010
11/04/2010
10/13/2010
1 0/06/2010
10111/2010
10111/2010
10/13/2010
10/18/2010
1 0/26/2010
1 011212010
11/03/2010
1 0/1312410
10/15/2010
10/11/2010
04/30/2010
07/1 6/2010
07/1312010
10120/2010
10/20/2010
10/2012014
10/2012010
10120/2010
Amount Paid Check Total
84.76
83.05
58.94
9.90
3,634.20
267.06
51.16
39.75
78.72
142.58
42.7'1
5.66
5.13
4.95
19.'15
32.53
25.44
105.00
2,505.60
216.63
74.09
- 109.84
- 182.70
- 706.33
2
1
529.14
469.45
188.59
533.35
3,630.20
267.06
51.16
39.75
78.72
201.03
19.18
32.63
25.00
105.00
1,796.90
Page: 3
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CITY OF ARROYO GRANDE
Page: 4
Bank code: boa
Ch # Date
Vendor
147724 1110512010 008186 AMY FLI E
147725 1110512010 004790 DEANNA FLYD
147726 11105/2010 008058 ROD N E Y GRAY
147727 11105/2010 002358 GREAT WESTERN ALARM
147726 11105/2010 001237 HANS N A GREG. MID
147729 11105/2010 002405 CHUCK HARE
147730 11/0512010 000301 HEACOCK TRAILERS
147731 11105/2010 001153 KELLY HEFFEINN
147732 11105/2010 007014 IDENTIAD
147733 1110512010 008644 IRON MOUNTAIN
147734 11/05/2010 008187 LUZ MARIA JACOB
147735 11105/2010 008824 JIV S FT CORPORATION
147736 11/0512010 007299 GASTON 1 ETTING OLIVIER
147737 11/05/2010 005187 ANGELA KRAETS H
147738 11105/2010 007531 CINDY KLLAN
147739 11105/2010 008191 LA TESTI
147740 11105/2010 005511 CHRISTOPHER LINTNER
Status ClearN id Date Invoice
10/20-4015
10120 -8321
102910
110310
110310
101000013101
101000713101
101002455101
1 61002323101
1119208
1 10310
33268
33242
1'10410
9313181419
9313115335
9313283234
931 3229115
C L0565
1029'10
217"9
1 10310
102910
1101'10
32124830
110310
Inv. Date Amount Paid Check Tota
.1 0/20/2010
1 0120/2010
1 0129/2010
11103/2010
1110312010
1110112010
11/01/2010
11/01/2010
11/01/2010
10/1 4/2010
11/03/2010
1011 212010
1 011 212010
1110412010
1011812010
10/07/2010
10126/2010
10/2112010
1 0/31 12010
10/29/2010
1011012010
11/03/2010
11/04/2010
11/01/2010
1010812010
11/03/2010
73. 41
1 8.75
30.00
48.00
80.00
28.00
28.00
28.00
28.00
1,188.71
132.00
588.57
17.40
75.57
524.68
388.00
37''1.93
- 371.93
150.'12
242.50
140.00
180.00
86.25
529.50
75.00
72.00
4, 623.08
30.00
48.00
60.00
112.00
1 t 1 68.71
132.00
585.97
75.57
910.88
150.12
242.80
140.00
180.00
66.25
529.50
75.00
72.00
P
Page:
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1111512010
10.01AM
Che History Listing
CITY OF ARROYO GRANDE
P age.
Bank code. boa
C heck #
Date Vendor
Status ClearNoid Date Invoice
Inv. Date
Amount Paid
Check Total
147741
11/05/2010 001136 DOUG LINTNER
1 10310
11/0312010
110.00
110.00
1 47742
11/05/2010 000393 LUCIA MAR UNIFIED SCHOOL
1
10/1912010
1
11 0008
09/0712010
255.00
110107
10118/2010
201.20
110034
0910112010
187.50
110044
0910112010
187.50
1 10037
0910112010
175.00
101108/102031
0513012010
120.00
2
1 47743
1110512010 007520 STEPHANIE MASTRO
110310
11/03/2010
108.00
108.00
1 47744
11/05/2010 008188 LAUREN II C C RAC KE N
110410
1 1/04/20 10
150.00
150.00
147745
1110512010 008189 ALISA 11 CMULLEN
192919
1012912010
30.00
30.00
147745
1110512010 007780 OL IVIA MILLER
2021.110
1110112010
81.00
2024.110
11/01/2010
81.00
2020.110
1110112010
36.00
2923.110
11/01/2010
33.75
231.75
147747
11/05/2010 000429 /MINER'S ACE HARDWARE,
K51904
10125/2010
39.08
K525
1012912010
35.30
K38358
10128/2010
31.98
K51915
10/2512010
23.91
3801
1012612010
17.55
K2083
10/2612010
1 3.03
K37337
1012012010
5.31
K3753
10/2212010
5.43
172.59
1 47748
1110512010 000441 M U L LAH EY FORD
FOCS209550
0912312010
39.95
39.95
147749
11/05/2010 003393 AL 1 S N NEFF
110210
11/02/2010
84.23
84.28
t�
147750
�I 1105120'10 008190 ALIRE 0LlAS
102910
'1012912010
30.00
�
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147751
1110512010 008705 ON TRAC
8934518
1010212010
13,86
13.86
0
147752
11105/2010 000481 PACIFIC CAS & ELECTRIC
10128- 194097
1012312010
14,324.42
10114- 704089
10114/2010
97.80
14, 922.22
M 00
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11/1512010 10:0'1 AM
Check History Listing
CITY OF ARROYO GRANDE
Page: 6
Bank code: boa
Check #
Date Vendor
1 47753
11105/2010 008103 PEACEKEEPER PRODUCTS
147754
1110512010 004158 PHOENIX GROUP
147755
11105/2010 000498 PITNEY BOWES, INC
147756
1110512010 002670 F ICOH LEASING
147757
1110512010 007832 ROSARIO ROJAS
147758
11105/2010 004833 STEVE ROMD
147759
1110512010 000536 GREG ROSE
147760
11/0512010 603640 CHARLES D (DON) RUI
147761
11/0512010 002470 S & S HOMES OF THE
147762
1110512010 006048 JEAIETTE SEARY
147763
1110512010 000552 SLO COUNTY
1 47764
1110512010 008104 ANTHONY SOTO
147765
1110512010 003627 GREG SOTO
147766
11105/2010 000602 SOUTH SLO COUNTY SANIT
147767 11/05/2010 000609 BOB SPEAR
147768 11/05/2010 000616 STERLING
147769 1110512010 002260 STEVEN ENTERPRISES, IN
147770 1110512010 000620 STREATOR PIPE & SUPPLY
147771 11/05/2010 000624 SUPERIOR QUALITY
147772 11/0512010 000637 TEXAS REFINERY CORP
147773 1110812010 002370 TITAN INDUSTRIAL
Status clearNold Date Invoice
6656
092010157
7147128 - OT10
7563590
162910
1'16810
1
11 0310
110'110
110'116
101110
1001366
110310
FOG INSPECTION
WASTE DISCHARGE
110310
25817
0260990
1168943
37074
37045
888222
1043168
1043283
Inv. Date
Amount Paid
Check Total
10/08/2010
3,993.82
3
10/1112010
109.13
109.13
10/13/2010
56.00
56.00
10/23/2010
170.55
170.55
1 0/2912010
222.69
222.50
11/03/2010
66.00
66.00
11103/2010
1 32.00
132.00
1 1103/2010
36.00
36.00
1 1101 /2010
101,814.58
101,814.56
11/01/2010
78.75
73.7
1 0/1112010
226.50
226.50
1612112010
140.00
140.00
11103/2010
60.00
60.00
1012512010
1 * 566.62
1012512010
171.50
1,738.32
11/03/2010
38.00
86.00
1010912010
1,650.63
1 00.63
1011 9/2010
137.00
137.00
10/1412010
53.58
53.58
09/1012010
345.00
0910912010
50.07
395.07
1011412010
757.75
757.75
10/21/2010
122.34
10128/2010
35.76
158.12
Page. 6
ap kHi # Check History Listing Pa ge:
11 /1612010 1 :01AM CITY OF ARROYO GRANDE
Bank code: boa
Ch eck # Dante Vendor Status Clear/Vold Date Invoice I nv. Date Amount Paid Check Taal
147774 11105/2010 007683 THE TOP SHOP CRP1 0010420 10112/2010 263393
Page.
CI PI 0010419
10112/2010
1
CRP10010421
10/12!2010
91.36
CRP1 0010426
10/2112010
31.56
3
147775
1110512010 004609 TREBH RECYCLING, IC
14716
1010812010
402,97
402.97
147776
11/06/2010 006651 UNITED STAFFING ASSOC.
072486
10120/2010
1
072620
1 012712010
1,063.60
072328
1011312010
147.84
2
1 47777
1110612010 000673 US POSTAL SERVICE
ACCT#42167122
11/03/2010
3
3,000.00
1 47778
11/0612010 000660 USA BLUE BOOK
260556
10/2612010
37.93
37.98
1 47779
11/08/2010 003090 V & M UPHOLSTERY
6360
16/2212010
536.94
538.94
147780
11108/2010 002137 VERIZON WIRELESS
0911933296
10104/2010
866.97
0912747551
10/0712010
46.82
61 3.79
147781
1116812010 002609 WATERBOYB PLUMBING
16186
1 01011201 0
1,591.95
1
1 47782
1110512010 000699 LEE WILSON ELECTRIC
0405
10119/2010
139.26
1 89.26
147783
11/0512010 002289 V1 ULFIN 'S BACKGROUND &
192919
10120/2010
225.00
225.00
147790
11/10/2010 090393 LUCIA MAR UNIFIED SCHOOL
110910
11/1612619
15.00
18.00
147791
11/1212010 000067 R.BAKER, INC
10 -10 -4606
1110812010
35,284.00
85
147792
1111212010 990990 BRISCO MILL & LUMBER
.146078
19/20/2010
96.95
146271
11/08/2010
1 9.74
116.69
147793
11112/2010 000094 BRUMIT DIESEL, I
17076
1012712010
444.60
17125
1012712010
258.28
702.88
D
c�
147794
'1111212010 000095 BURKE AND PACE OF AG,
2409881
10/28/2010
201.43
CL
2409678
10/25/2010
60.69
0
2409253
10/13/2010
4.38
266.50
rok
^ � c�
147795
11/12/2010 000163 CHERRY L.AN E
28879
1011112010
240.28
240.28
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Check History Listing
CITY OF ARROYO GRANDE
Page:
Bank code. boar
Check # Date Vendor
147796 11/12/2010 008197 CHARLES D CH AN
147797 11/12/2010 000195 CRYSTAL SPRINGS WATE
147798 11112/2010 007548 CSG SYSTEMS INC
147799 11/12/2010 004622 CULLIGAN 1NDUST. IIATEI
147800 11112/2010 005091 JOHN DEERE LANDSCAPES
147801 11112/2010 000208 J E DE WAR, , INC
147802 1111 2/2010 002673 DOCTORS MEDPLUS MED
147803 11/12/2010 000225 EARTH SYSTEMS PACIFIC
147804 11/12/2010 000240 FARM SUPPLY CO
147805 11112/2010 000262 FRANK'S LOCK & KEY
147806 11/12/2010 000605 THE GAS COMPANY
147807 1111212014 000291 HAAKER EQUIPMENT, INC
147808 11/12/2010 000301 HEACOCK T1 AILERS
147809 11/1212019 002820 IND FF, INC
147810 11/12/2014 008161 MAACO COLLISION REPAIR
147811 11/1212010 008198 MAN HOMES INC
147812 11/12/2010 000429 MINER'S ACE HARDWARE,
AI E,
Status Clear/Void Date Invoice
111010
48517
48519
68486
5817
56209279
562009097
56241121
924720
7 276
235540
445741
435950
31138
31143
11 - 111
11/5
11/5
11/5-215
076902
33413
174375'1
1549
11081
K37100
K37270
Inv. Dat
11114/2010
10/31/2010
10/31/2014
10/26/2010
10106/2010
14/1 512010
1411612010
10/19/2010
1412612010
10/12/2010
10/19/2010
0912012010
09/0812010
1011312010
10/15/2010
11/05/2010
11/05/2010
1 110512010
11/05/2010
10/29/2014
11/0412010
10/0812010
10/12/2010
11/08/2010
10/18/2414
14/1912414
Amount Paid Check Total
374.00
23.80
10.04
810.80
1 77.83
655.16
24.58
-57.83
21,342.92
150.00
5
69.60
34.80
13.05
12.83
x4.88
44.60
3.89
0.9
745.01
15.24
71.13
444.20
104.00
75.51
67.75
374.00
33.80
514.60
177.83
622.21
2 1,342.92
1 50.40
5,245.00
1 04.40
25.88
114.33
745.01
1 5.24
71.1
444.24
140.04
Page:
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Check History Listing
CITY OF ARROYO r A DE
Page: 9
Sank code: boa
Check # Date
Vendor
147813 1 1/12/2010 000439 MOSS, LEVY & HAFT HEI 1
147814 11/12/2010 000441 MULLAHEY FORD
147815 11/12/2010 000483 OFFICE DEPOT
147816 11/1212010 004035 OMNI MEANS LTD
147817 11/1212010 000492 PETTY CASH
147818 11/12/2010 004757 PLUMBERS S DEPOT INC.
147819 11/1212010 000520 QUINN COMPANY
147820 11/12/2010 000538 S & L SAFETY PRODUCTS
147821 11/12/2010 902142 SAN LUIS PAPER CO
147822 11/1212010 000553 SLO COUNTY
147823 11/1212010 000554 SLO COUNTY NEWSPAPERS
Status Clear/Void Date Invoice
K37744
K50692
K51 380
K35755
K52083
K52908
K50710
K515
8015
FOCS209353
FOCS209358
F CS20 609
FCS20404
FOCS20370
FOCS209711
535023894001
538092025001
30764
30883
30851
30628
PETTY CASH
PD14096
03C31 3788
548848
512418 -00
1109'10
0909338
5908780
8907756
Inv. Date
10/2212010
10/1 3/2010
10/1 9/2010
10/1 412010
11/02/2010
11/0112010
10/13/2010
10/1812010
08/31/2010
09/15/2010
09/15/2010
09/28/2010
09/17/2010
09/16/201
09130/2010
09/23/2010
10/2012010
08/31/2010
08104/2010
09/2812010
06/29/2010
11/10/2010
07/27/2010
10/01/2010
1110112010
10/25/2010
11/10/2010
10/2512010
09/2912010
09/17/2010
Amount Paid Check Total
47.80
19.55
11.47
8.88
8.35
8.51
3.55
3.35
1, 000.00
193.93
80.38
64.54
39.95
39.95
39.95
224.50
47.57
3
2,349.00
1 1 979.75
388.00
229.57
245.78
49.0'1
45"1.04
007.37
50.00
318.00
128.'13
115.09
252.50
1
458.70
272.17
8,361.50
229.57
245.78
49.01
451 .04
607.37
50.00
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Cheek History Listing
CITY OF ARROYO GRANDE
Page: 1
Banc code: boa
Check # Date Vendor
147824 11112/2010 000598 SNAP- TOOLS CRP
147825 11/12/2010 008136 MARK LEWIS SPITZ
147826 11/12/2010 000620 STREATOR PIPE & SUPPLY
147827 11/12/2010 006551 UNITED STAFFING ASSOC.
147828 11/1212010 002137 VERIZON WIRELESS
147829 11/12/2010 002609 WATERBOYS PLUMBING
147830 11/12/2010 008168 W HITTLE FIRE PROTECTION
146 checks in this report
Statue Clear/Void Date Invoice
6908779
6907823
201 587
111710
S 1 1 68192, 001
072487
072621
0917699872
110510
12038
Inv. Date
Amount Paid
09/29/2010
11 3.22
09/17/2010
103.87
11/03/2010
1 33.23
11/17/2010
376.00
10/02/201
43.70
10/20/2010
739.20
10/2712010
739.20
10/22/201
67.72
11/05/2010
5
11/04/2010
10, 800.00
boa
Total:
Check To tal
Total Checks:
776.36
133.28
376.00
43.70
1,478.40
67.72
5,784.01
10
386
386,286.52
Page: 1
ATTACHMENT 2
CITY OF ARROYO GRANDE
DE
DEPARTMENTAL LABOR DISTRIBUTION
PAID PERIOD
10/151201 - 10/2812010
11/05/10
FUND 010
319,552.47
■ UND 220
16,699. 3
FUND 226
1 + 870.71
FUND 284
1
FUND 285
1
FUND 290
115,339.04
FUND 612
6
FUND 640
20
Holiday Pay
483, 304.75
T:
OVERTIME BY DEPARTMENT:
Admin. Support Services
-
Community Development
Annual Leave Buyback
Police
7
Fire
11
G vrnm nt Bldg Il aint,
Sick Leave Buyback
Engineering
-
Fleet Maintenance
14, 722.24
Parks
-
R ecreation - Admn
-
Ie - Special Events
-
Children In Motion
-
Soto Sport Complex
-
Public Works Maintenance
845.39
5123
19 94.98
5101
Salaries Full time
216,189.04
5102
Salaries Part -Time - PPT
18,328.18
5193
Salaries Part -Time - TPT
29,847.54
5105
Salaries OverTime
19, 594.96
5107
Salaries Standby
346.50
5108
Holiday Pay
8
5109
Sick Pay
7
5110
Annual Leave Buyback
-
8111
Vacation Buyback
-
112
Sick Leave Buyback
5113
Vacation Pay
14, 722.24
114
Comp Pay
4,126.98
5115
Annual Leave Pay
3,477.12
5121
PE RS Retirement
801881.17
122
Social Security
21
5123
PADS Retirement
594.35
5126
State Disability Ins.
1
5127
Deferred Compensation
735.59
131
Health Insurance
47,834.45
8132
Dental insurance
4
5133
V ision Insurance
1
5134
Life Insurance
590.01
5135
Long Term Disability
-
143
Uniform Allowance
-
144
Car Allowance
675 -00
5148
Council Expense
-
147
Employee Assistance
5148
Boot Allowance
-
5149
Motor Pay
150.00
5150
Bi- Lingual Pay
125.00
5151
Cell Phone Allowance
317.50
483, 304.75
Agenda Item 8.a.
Page 13
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 8.a.
Page 14
INCORPORATED
i JULY 10, , t t
I-IF ft
MEMORANDUM
To: CITY COUNCIL
FROM: ANGELA KRAETSCH, DIRECTOR of ADMINISTRATIVE ATII E SERVICE
BY: MICHELLE MA FIELD, TREASURER EF
SUBJECT: CONSIDERATION ATIOI of STATEMENT of INVESTMENT DEPOSITS
DATE: NOVEMBER 3, 2010
RECOMMENDATION:
It is recommended the City Council receive and file the attached report listing the current
investment deposits of the City of Arroyo Grande, as of October 31, 2010, as re quired b
Government Code Section 3b.
FINANCIAL IAA PACT:
There is no funding impact to the City related to this report. However, the City does receive
interest revenue based on the interest rate of the investments.
BACKGROUND:
This report represents the City's investments as of October 31, 2010. It includes all investments
managed by the City, the investment institution, investment type, book value, maturity date, and
rate of interest. As of October 31, 2010 the investment portfolio was in compliance with all State
laws and the City's investment policy.
ANALYSIS of ISSUES:
The Director of Administrative Services has historically submitted to the City Council a monthly
report, providing the following information:
1. Type of investment.
2. Financial institution (bank, savings and loan, baker, etc).
3. Date of maturity.
4. Principal amount.
5. Rate of interest.
6. Current market value for all securities having a maturity of more than 12 months.
7. Relationship of the monthly report to the annual statement of investment policy.
Agenda Item 8.b.
Page 1
CITY COUNCIL
CONSIDERATION OF INVESTMENT DEPOSITS
NOVEMBER 23, 2010
PAGE 2
ALTERNATIVES:
The following alternatives are provided for the Council I s consideration:
Recommended Alternative - Approve staff's recommendation to receive and file the
attached report listing the current investment ent deposits.
Dc not approve staffs recommendation
- Provide direction to staff
ADVANTAGES:
Es:
Safety of principal is the foremost objective of the city. Investments are undertaken in a
manner that seeks to ensure the preservation of capital in the o verall portfolio.
DISADVANTAGES:
TAGES:
Some level of risk is present in any investment transaction. Losses could be incurred due to
market price changes, technical cash flow complications such as the need to withdraw a non-
negotiable Time Certificate of Deposit early, or even the default of an issuer. To minimize such
risks, diversifications of the investment portfolio by institution and by investment instruments are
being used as much as is practical and prudent.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of city Hall on Thursday, November 18 2010. The Agenda and
report were posted on the City's website on Friday, November 19, 2010. No public comments
were received.
Attachments:
1. Portfolio Summary. October 31 v 201
Agenda Item 8.b.
Page 2
ATTACHMENT 1
tD
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CITY CW
CITY OF ARROYO GRANDE
Portfolio Management
Portfolio Summary
October 3 , 2 01 0
City of Arroyo Grande
214 E. Branch St.
Arroyo Grande, CA 93439
Phone: {805 }473 - 5400
Interest
I nvestments Book V I nterest Rate Rate PY Date of Purchase Term M atur ity Date % of P
Local Agency Investment Purvis 16,304 0.45010 0.646% 91.31%
erd aces of Deposit - Banks
First Federal Bank of California
99,000.00
2.53%
September 18, 2009
731 September 21, 2011 0.54%
Redding B an k of ornmeroe
250,000.00
2.40%
September 21, 2009
913 March 21, 2012 1.36
F irst Republic Bank
250,000.00
3.00
November 9, 2009
36 mos November 9 2012 1.36
DAIS
1,000, 000.00
1.91
July 1, 2919
24 mos June 23, 2912 5.43%
Total Certificates of Deposit 1, 599,090.00
Total Investments 13,403 1 749.55
8.69%
1 00.00 %
W 7
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 8.b.
Page 4
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, NOVEMBER 9, 2010
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Ferrara called the Regular City Council meeting to order at 7:00 p.m.
2. ROLL CALL
City Council: Council Member Joe
Member Caren Ray,
Ferrara were present.
Costello, Council Member Chuck Fellows, Council
Mayor Pro Tem Jim Guthrie, and Mayor Tony
City Staff Present: City Manager Steven Adams, City Attorney Tim Carmel, Director of
Legislative and Information Services /City Clerk Kelly Wetmore, Fire Chief
Michael Hubert, Battalion Chief Riki Heath, Community Development
Director Teresa McClish.
3. FLAG SALUTE
George Smith, representing Knights of Columbus, 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 Costello moved, Council Member Ray 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
Tim Moore Fair Oaks Avenue, referred to the Short Street, Centennial Park, City Hall, and Le
Point Street Parking Lot projects and requested a full accounting of all the costs associated with
the projects; referred to the pre - demolition meeting of the malt shop building and said he was
told there was no signed lease for the new building, therefore, there is no need for outdoor
seating and no need for modifications to Short Street. He further stated the Council is violating
Roberts Rules of Order because the Mayor should not be a voting member of the Council
unless there is a tie. He concluded by stating there were only two people that he respects and
trusts and he hopes the rest of the Council and City staff live up and gain his respect as well as
the citizens of the City and do what is best for the City.
Patty Welsh Pradera Court, also expressed concern about each Council Member's
responsibility when deciding how to vote on an issue and should not defer voting on an issue
until hearing from other Council members. She also referred to Roberts Rules of Order and
expressed concern the Council was not following correct parliamentary procedure.
Agenda Item 8.c.
Page 1
Minutes: City Council Meeting Page 2
Tuesday, November 9, 2010
In response to a request for a brief clarification by Mayor Ferrara, City Attorney Carmel
explained that the Council uses Sturgis' Rules of Parliamentary Procedure, not Robert's Rules
of Order. He further explained that the framework by which the Mayor operates is established by
State law under the Government Code and the Mayor is one of five members of the Council with
the same duties and responsibilities, including the right to vote.
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. No public comments were received.
Action: Council Member Fellows moved, and Council Member Ray seconded the motion to
approve Consent Agenda Items 8.a. through 8.h., with the recommended courses of action.
City Attorney Carmel read the full title of the Ordinance in Item 8.g. The motion passed on the
following roll -call vote:
AYES: Fellows, Ray, Costello, Guthrie, Ferrara
NOES: None
ABSENT: None
9. PUBLIC HEARINGS
Mayor Ferrara declared a conflict of interest on all public hearing items due to ownership of
real property within 500 feet of the proposed projects. He stepped down from the dais and
left the meeting.
Mayor Pro Tem Guthrie took over the meeting as the Presiding Officer.
9.a. Consideration of Specific Plan Amendment 10 -001; Location: Southwest
Corner of East Grand Avenue and South Courtland Street; Applicant: NKT
Commercial.
Community Development Director MCClish presented the staff report and stated the
Planning Commission recommended the Council adopt a Resolution denying Specific Plan
Amendment 10 -001 regarding Subareas 3 and 4 of the Berry Gardens Specific Plan. She
then responded briefly to questions from Council regarding the results and time of the traffic
study for the proposals.
Mayor Pro Tem Guthrie opened the public hearing and invited the applicant and the
applicant's representatives to address the Council first.
Carol Florence representing applicant NKT Commercial, requested the Council consider
approval of Alternative #2 by taking tentative action to adopt the Mitigated Negative
Declaration and approve Specific Plan Amendment 10 -010 as proposed. She then gave a
PowerPoint presentation of the proposed Specific Plan Amendment which included
renderings of the proposed development and vicinity map; the proposed development
versus the originally proposed Berry Gardens Specific Plan development; and an overview
of the development standard amendments requested to the Berry Gardens Specific plan.
Agenda Item 8.c.
Page 2
Minutes: City Council Meeting Page 3
Tuesday, November 9, 2010
Nick Tompkins applicant, provided background history as it related to his negotiations for
acquiring the property beginning in 2006 and his purchase and acquisition of the property in
2007; his discussions with the City for retail development in this area; and provided an
overview of several projects proposed over the years that did not proceed.
Carol Florence continued her presentation of the proposed development including setback
revisions and relocation of Buildings A & B; illustrated examples of streetscape layouts and
pedestrian oriented amenities; showed renderings of the project from various viewpoints,
elevation, and angles; demonstrated ADA access areas, patio views, a proposed planter in
the public right of way; views of the southwest truck dock for the largest building and all
building elevations; displayed the proposed emergency access that could serve as a
pedestrian walkway; demonstrated the line of site from neighboring residential areas; and
displayed the proposed Peoples' Self Help Housing Site Plan.
Robyn Letters representing the applicant as a research consultant from Opinion Studies,
gave an overview of her credentials for conducting public opinion surveys; gave a
presentation on the methodology and results of a telephone survey regarding current
shopping habits of residents in Arroyo Grande and surrounding areas, attitudes regarding
the proposed Food 4 Less Courtland Place Project, and the project's impact on future
shopping.
Carol Florence clarified that this was a shopping survey only. She again requested the
Council take action on Alternative #2.
In response to a request by Council Member Ray, Steve Orosz traffic consultant from
Orosz Engineering Group, explained the results of the traffic study he conducted and
responded to questions concerning current average daily trip generation versus the
proposed average daily trip generation if the project is constructed as proposed. He also
responded to questions relating to the bus stop as proposed.
Further Council questions ensued of the applicant regarding clarification on setbacks,
whether there would be a shopping cart corral in the parking lot; clarification regarding
Mitigation Measure III -2 which requires inclusion of a bus turnout; clarification regarding the
height of the tallest tower proposed; the square footage of the San Luis Obispo Food 4 Less
store; and whether the proposed screening between the two land uses was reviewed by the
Fire Authority.
Nick Tompkins concluded the applicant's presentation by stating there has been a lot of
speculation about the proposed project; gave background information of the Food 4 Less
business and noted the public's high perception of this store and that he did not believe this
to be a big box store, and spoke further in support of approval of the project as proposed.
Scott Smith representing Peoples' Self Help Housing Corporation (PSHH), provided a
background of the Corporation and spoke about the need for affordable family housing in
the City; gave background information on the sale and acquisition of properties in the City;
provided an overview of the proposed project (Item 9.c.); and noted that timing for approval
of this project is critical due to PSHH's application for competitive grant funding.
Agenda Item 8.c.
Page 3
Minutes: City Council Meeting Page 4
Tuesday, November 9, 2010
Bruce Frasier architect for PSHH, provided an overview of the project and addressed
issues relating to setbacks, the emergency access road, landscape screening between the
projects, fencing, and common open space and playground areas.
Scott Smith responded to additional questions regarding maintenance of the setback area
between the commercial and residential, use of a community room (which he said is
required to be included in this type of project), and clarification of the previously owned
PSHH property and subsequent site trade with VCA Animal Hospital.
Fire Chief Hubert Five Cities Fire Authority, stated he had reviewed and approved the plan
revisions made to both projects.
Mayor Pro Tem Guthrie called for a break at 9:25 p.m. The Council reconvened at 9:40
p.m.
Mayor Pro Tem Guthrie said the public hearing was open and invited members of the public
to address the Council.
Russell Read General Counsel for Cookie Crock, noted he had submitted letters in
opposition to the project for the record.
Denise Andreini LaVida Lane, spoke in support of the Food 4 Less project.
Phyllis Tonne spoke in opposition to the Food 4 Less project.
Bill Corlev Paso Robles, spoke in support of the Food 4 Less project.
Teresa Schultz Emerald Bay Drive, spoke in opposition to the Food 4 Less project.
Benedene Duffin Newport Avenue, spoke in opposition to the Food 4 Less project.
Richard Duffin Newport Avenue, spoke in opposition to the Food 4 Less project.
Del Clegg owner of Cookie Crock Warehouse, spoke in opposition to the Food 4 Less
project.
Bill Vance Santa Maria, spoke in opposition to the Food 4 Less project.
Jerry McLaughlin spoke in opposition to the Food 4 Less project.
Frank Madden Rodeo Drive, spoke in opposition to the Food 4 Less project.
Mike Miller Manager of Arroyo Grande Albertson 's, expressed concerns regarding the
project and believed it would not result in an increase in sales tax revenue or an increase in
jobs.
Kent Horejsi spoke in opposition to the Food 4 Less project.
Beth Stepnitz Bakeman Lane, spoke in opposition to the projects.
Aaron Henkel Aspen, expressed concerns about the ability for truck turning radius on
Courtland and commented on the traffic studies.
Peter Jankay representing Farmers' Market Association, spoke in opposition to the Food 4
Less project.
Mike Zimmerman Arroyo Grande, spoke in opposition to the project.
Crystall Morgan Chilton, spoke in opposition to the Food 4 Less project.
Anna Scott read a letter in support of the Food 4 Less project on behalf of Rick Castro,
President of Arroyo Grande Community Hospital.
Heather Hellman San Luis Obispo, spoke in support of the Food 4 Less project.
Agenda Item 8.c.
Page 4
Minutes: City Council Meeting Page 5
Tuesday, November 9, 2010
John Spencer Spencer's Market, spoke in opposition of the Food 4 Less project and
submitted a petition containing approximately 237 pages signed by over 3,000 individuals
who oppose the project.
Pam Hyde Stagecoach Road, spoke in opposition to the Food 4 Less project.
Wendy Beckham Hillcrest Drive, spoke in opposition to the Food 4 Less project.
John Mack Loganberry, spoke in opposition to the projects.
Ann Steele El Camino Real, spoke in opposition to the Food 4 Less project.
Marty Scala Grover Beach, spoke in opposition to the Food 4 Less project.
Patty Welsh Pradera Court, spoke in opposition to the proposed design of the project.
Tom Geishlin Nipomo, read a letter in support of the project on behalf of a resident who
could not attend.
Maggie Summers Newport Avenue, spoke in opposition to the Food 4 Less project.
Patrick Dempsey spoke in opposition to the Food 4 Less project.
Mike Fuller spoke in opposition to the Food 4 Less project.
Carol Florence responded to issues regarding the proposed buffer, which she clarified
would be an exclusive use easement; and clarified issues regarding truck circulation where
Cou rtland Street would be modified.
Steve Orosz noted that the traffic study was updated in October 2009 based on the revised
project.
Hearing no further public comments, Mayor Pro Tem Guthrie closed the public hearing.
Council Member Costello provided the following comments:
- Clarified the Council had to first consider the proposed Specific Plan Amendment;
- Referred to the Planning Commission's denial and findings and stated he agreed with
the Planning Commission for the most part;
- With regard to size and scale, he believed the proposed building was too large;
- Agreed that affordable housing is a priority for this location;
- Must balance the commercial use with the residential use;
- Acknowledged the compromise on the setback; would like a minimum of 15' setback on
commercial side and minimum 10' setback on residential side;
- Acknowledged there was a lot of discussion about competition; however, the issue of a
grocery store is irrelevant because it is an allowed use in this zoning district;
- Stated that the issue is the size and scale of the proposed building for the commercial
site;
- Referred to a comparison of existing buildings in the area;
- Would like to see a smaller footprint for the anchor building;
- Noted that the East Grand Avenue Enhancement Plan was not formally adopted and is
used as a guide; must rely on the General Plan and the Berry Gardens Specific Plan;
- Acknowledged the project has been revised to meet the California Fire Code;
- Acknowledged the applicant has included significant pedestrian oriented, streetscape
and landscaping amenities;
- Cannot support the Specific Plan Amendment as proposed and would like to see it
revised and referred back to the Planning Commission; would like to see a change in
the setbacks and reduce the size of the building;
Agenda Item 8.c.
Page 5
Minutes: City Council Meeting Page 6
Tuesday, November 9, 2010
- Expressed disappointment that the bus stop has been removed; and is not satisfied with
the traffic study and would like to see more information with better calculations.
Council Member Fellows provided the following comments:
- Thanked everyone for their presentations and input, including the ARC and Planning
Commission, and members of the public and other professionals who submitted written
comments;
- Commented that he read all the materials thoroughly, including the Mitigated Negative
Declaration which he did not entirely agree with;
- Referred to the back of the Vons which is located against residential development and
found a 40 -50 foot setback between the commercial and residential uses;
- Stated he had reviewed other Arroyo Grande commercial buildings in the area to gauge
building sizes;
- Acknowledged that competition is good; however, it was a matter of what development
is appropriate at this site;
- Stated the proposed Specific Plan Amendment is unacceptable and is not right for this
part of the City;
- Stated that with the project as proposed, he could not make findings as spelled out in
General Plan policies LU5 -2, LU 11 -1.2, and LU 11 -2.2; stated it would create an illogical
land use; the amendment is inconsistent with the General Plan policies;
- Stated that a 24 -hour store is not good for that location;
- Stated that a 10 foot buffer is not acceptable.
- Stated a better plan would be something similar to the adjacent development where
CVS is located;
- Believed that the effects of the proposed project would contribute to nearly constant
activity with noise, air pollution, traffic congestion, as well nighttime glare.
Council Member Ray provided the following comments:
- Clarified the intent of the Brown Act as it relates to transparent deliberations among the
Council;
- Thanked members of the public for their comments and civility;
- Noted that businesses move locations and /or uses of buildings change over time;
- Acknowledged traffic issues expressed during the public hearing;
- Stated that the Council must balance many things, including Mr. Tompkin's right to
develop his property within the scope of the regulations, versus the survival of other
businesses; the economic viability of the City with the rural, small town character; the
role of government in the regulation or non - regulation of capitalism; and smart growth
versus promoting potential blight in the City;
- Stated that this is not a Spencer's Market versus Food 4 Less issue; should be
encouraging competition as it benefits everyone economically;
- Stated Council must be careful not to try and regulate competition;
- Stated she has no problem with Food 4 Less itself; however, her issue is that whatever
is built here will remain in perpetuity and the more square footage there is, the more
potential there is for turnover of businesses;
- Agreed there should be a 15' setback on the commercial side and 10' on the residential
side and emphasized the need for safety in the corridor in between;
- Believed that the parking is inadequate at 175 spaces;
Agenda Item 8.c.
Page 6
Minutes: City Council Meeting
Tuesday, November 9, 2010
Page 7
- Stated that the proposed 50,000 square foot building is too big and the project is under
parked; could not support the proposed 300:1 ratio;
- Stated that the Specific Plan needs additional modifications, specifically with regard to
the parking and setbacks, mass and scale, and minimum building size;
- Encourages development in this gateway, even with a grocery store; however, not at the
proposed mass and scale.
Mayor Pro Tem Guthrie provided the following comments:
- Stated that Grand Avenue is the only area in Arroyo Grande that can support this type of
use with large buildings and this is the last opportunity to have a large footprint with a
moderate sized supermarket;
- Noted that this is the commercial center of our small town;
- Believed commercial uses should be close to residential uses;
- Referred to the Mitigated Negative Declaration related to traffic; reviewed the report and
accepts the traffic analysis;
- Stated that there is nothing about this development that affects the rural nature of the
City;
- Acknowledged the rural setting of the Village and that this type of project would never be
proposed for the Village; referred to the formula business ordinance that protects the
Village from this type of business;
- Stated he was not convinced the East Grand Avenue Enhancement Plan excludes large
buildings, as there are large buildings in this area;
- Stated that the proposed intensity of this project is a legitimate point as it relates to the
impact to the surrounding area;
- Supported the revisions to the streetscape enhancements which have a better
pedestrian orientation;
- With regard to the buffer; he stated this is a mixed -use project and it might be better to
have no buffer and to connect the buildings; does not have any problem with the buffer
as proposed;
- Stated he could not approve this without inclusion of the bus stop;
- Noted that this is a key development for this portion of the City, to have key services in
the City's commercial core.
Action Council Member Fellows moved to adopt a Resolution denying Specific Plan
Amendment 10 -001 located at the southwest of E. Grand Avenue and S. Courtland Street
applied for by NKT Commercial. Council Member Costello seconded.
Discussion ensued on whether any of Specific Plan Amendment findings needed to be
addressed. Following brief discussion with City Attorney Carmel regarding the Negative
Declaration, Council Member Fellows withdrew his motion. Staff requested a brief recess
for discussion.
Pursuant to Council policy, Mayor Pro Tem Guthrie moved to continue the meeting past
midnight to 12:20 a.m. Council Member Ray seconded, and the motion passed
unanimously by voice vote.
Agenda Item 8.c.
Page 7
Minutes: City Council Meeting Page 8
Tuesday, November 9, 2010
City Attorney Carmel requested the Council provide comments on the Mitigated Negative
Declaration based on comments regarding inadequacies in the Negative Declaration
concerning traffic impacts and analysis, and send it back to the Planning Commission with
the direction given on the Specific Plan regarding smaller building size, larger buffer
between the residential and commercial uses, and parking issues; and further, to continue
this item as well as Items 9.b. and 9.c. to a date uncertain.
Action Council Member Costello moved to return the Mitigated Negative Declaration to the
Planning Commission for further consideration on issue of traffic and traffic impacts; to send
the Specific Plan Amendment back to the Planning Commission for revisions to setbacks,
parking, maximum building size, and inclusion of the bus turnout; and to continue this item
to a date uncertain. Council Member Ray seconded, and the motion passed on the
following roll call vote:
AYES: Costello, Ray, Fellows
NOES: Guthrie
ABSENT: Ferrara
9.b. Consideration of Tentative Parcel Map 10 -001 and Conditional Use Permit 10-
001; Location: Southwest Corner of East Grand Avenue and South Courtland
Street; Applicant; NKT Commercial.
Recommended Action: The Planning Commission recommends the City Council
adopt a Resolution denying Tentative Parcel Map 10 -001 and Conditional Use
Permit 10 -001 for the subdivision of 4.47 acres into three parcels and development
of a 3,750 square foot commercial building, a 4,200 square foot restaurant, and a
50,881 square foot grocery store (Subarea 3 of the Berry Gardens Specific Plan). If
the City Council approves the Planning Commission's recommendation, staff
recommends that the City Council refer the alternative site plan to the Planning
Commission for review.
Council Member Costello moved to continue Item 9.b. to a date uncertain. Mayor Pro Tem
Guthrie seconded, and the motion carried on the following roll call vote:
AYES: Costello, Guthrie, Fellows, Ray
NOES: None
ABSENT: Ferrara
9.c. Consideration of Conditional Use Permit 10 -003; Location: Southwest Corner
of East Grand Avenue and South Courtland Street; Applicant: Peoples' Self-
Help Housing Corporation.
Recommended Action: The Planning Commission recommends the City Council
deny Conditional Use Permit 10 -003 for athirty -six (36) unit affordable apartment
complex on 1.65 acres (Subarea 4 of the Berry Gardens Specific Plan) based on its
recommendation against adopting the Mitigated Negative Declaration (MND)
prepared for Specific Plan Amendment 10 -001 (the Commission did not provide any
findings to deny the proposed project).
Agenda Item 8.c.
Page 8
Minutes: City Council Meeting Page 9
Tuesday, November 9, 2010
Council Member Costello moved to continue Item 9.b. to a date uncertain. Mayor Pro Tem
Guthrie seconded, and the motion carried on the following roll call vote:
AYES: Costello, Guthrie, Fellows, Ray
NOES: None
ABSENT: Ferrara
10. CONTINUED BUSINESS
None.
11. NEW BUSINESS
None.
12. CITY COUNCIL MEMBER ITEMS
None.
13. CITY MANAGER ITEMS
None.
14. COUNCIL COMMUNICATIONS
None.
15. STAFF COMMUNICATIONS
None.
16. COMMUNITY COMMENTS AND SUGGESTIONS
None.
17. ADJOURNMENT
Mayor Pro Tem Guthrie adjourned the meeting at 12:14 a.m.
Tony Ferrara, Mayor
ATTEST:
Kelly Wetmore, City Clerk
(Approved at CC Mtg )
Agenda Item 8.c.
Page 9
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 8.c.
Page 10
RO
A INCORPORATED
Z; n�r
imy io ' ° l' ,, MEMORANDUM I
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
SUBJECT: CONSIDERATION OF SIDE LETTERS OF AGREEMENT AMENDING
ARROYO GRANDE POLICE OFFICERS' ASSOCIATION AND SERVICE
EMPLOYEES INTERNATIONAL ATI NAL UNIOI LOCAL 620 MEMORANDUMS
DUMS
F UNDERSTANDIN
DATE: NOVEMBER EMBER , 201
RECOMMENDATION:
:
It is recommended the City Council: 1 adopt a Resolution approving a Fourth Side
Letter of Agreement amending the Arroyo Grande Police Officers' Association PA
Memorandum of Understanding MOU ; and 2 adopt a Resolution approving a Fourth
Side Letter of Agreement with the Service Employees International Union Local 620
(SEIU) II U.
FINANCIAL IMPACT:
Amend ments to the MOUs will result in an increased cost when compared to potential
application of the existing terms of the MOUs, but will result in an estimated savings of
approximately $44,000 to the existing budget.
BACKGROUND:
The existing MOUs with the P A and SEIU establish medical, vision and dental benefits
under a cafeteria plan. Medical plans are provided through the CaIPERS program,
which offers a number of alternative medical plans. Under the terms of the MOU, the
City pays for % of increases in the Blue Shield HMO plan and the full increase for
vision and dental.
ANALYSIS OF ISSUES:
Over the past several years, rates have been based upon the Blue Shield Access Plus
HMO plan. However, the Blue Shield Netalue HMO plan is now also available for
employees, which is a less costly HMO.
If the formula set forth in the MOU for sharing of cost increases is now based upon the
Net aloe plan, it would result in a significant cost impact to employees since the Access
Agenda Item 8.d.
Page 1
CITY COUNCIL
CONSIDERATION of SIDE LETTERS of AGREEMENT AMENDING ARROYO
GRANDE POLICE OFFICERS' ASSOCIATION AND SERVICE EMPLOYEES
INTERNATIONAL UNION LOCAL 620 MEMORANDUMS of UNDERSTANDING
NOVEMBER 23, 2010
PAGE
Plus plan has been used as the base plan for the past several years. However, if it was
based upon the Access Plus plan, it would result in an employee benefit subsidy
amount exceeding the actual cost of the benefit.
Therefore, the proposed Side Letter of Agreement includes another alternative whereby
the City will pay the full amount of the Ietalue plan. The PA has formally approved
the change. SEW has provided tentative approval and will tale a formal vote on
November 22 The same change has already p been implemented with management
employees.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
- Approve staffs recommendations;
Direct staff to instead apply the current formula specified in the MOU for sharing of
cost increases to the Blue Shield Ietalue plan;
Direct staff to instead apply the current formula specified in the MOU to sharing of
cost increases to the Blue Shield Access Plus plan; or
Provide direction to staff.
ADVANTAGES:
The recommend amendments will make available a quality health care plan to
employees at no cost, but at the salve time will reduce costs to the City when compared
to increases in the Blue Shield Access Plus plan. Providing an alternative that benefits
both the City and its employees will help to both manage costs efficiently while
maintaining positive employee relations.
DISADVANTAGES:
TAGES:
No disadvantages have been identified other than foregoing additional savings that
could be g enerated if the increases were based solely on exclusively applying the
existing formula in the M U to the i et aloe plan.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Ag enda wras posted in front of City Hall on Thursday, November 18, 2010 and on
the City's website on Friday, November 1 , 2010. No comments were received.
Agenda Item 8.d.
Page 2
RESOLUTION N .
RESOLUTION F THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING A FOURTH SIDE LETTER F
AGREEMENT TO THE ARROYO GRANDE POLICE OFFICERS'
ASSOCIATION MEMORANDUM OF UNDERSTANDING
WHEREAS, the City Council of the City of Arroyo Grande "City" deems it in the
best interest of the City to approve a fourth side letter o agreement amendin
the Arroyo Grande Police Officers' Association current Memorandum of
Understanding, which 'includes modifications to salaries and benefits,, as
hereinafter provided.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City o Arroyo
Grande that:
'1. An amendment to the Memo ra f Understanding "MOU" with the
Arroyo Grande Police Officers' Association 19 AGP X is hereby
approved, a copy of said amendment entitled "Side Letter of Agreement,
M difiGati n to Memorandum of Understanding 11 is attached hereto,
marked Exhibit "A ", and incorporated herein by this reference.
2. This Resolution shall become effective December 1, 2010.
on motion of Council Member , seconded by Council M ember
, and on the following roll call Grote, to grit:
AYES:
NOES.
ABSENT.
the foregoing Resolution was passed and adopted this day of , 201 .
Agenda Item 8.d.
Page 3
RESOLUTION I.
PAGE 2
TONY FERR R , MAYOR
ATTEST:
KELLY 1I ETM RE, CITY CLERK
APPROVE] AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Agenda Item 8.d.
Page 4
RESOLUTION L UTION No.
PAGE
Exhibit ""
SIDE LETTER of AGREEMENT
EEMENT
MODIFICATION TO MEMORANDUM F UNDERSTANDING
G
For valuable consideration, the receipt and sufficiency of which is hereby
acknowledged,, the City of Arroyo Grande "City" and the Arroyo Grande Police
Officers' Association "AGPOA" do hereby agree to modify the current
Memorandum of Understanding "Mou" between the City and AGPOA as
follows:
Article 20.0 shall be amended to read as follows:
For the period of .January 1, 2011 through ,dune 30, 2011, the flex dollar
allowance shall be $588.78 with respect to an employee enrolled for self alone,
$1,05'1.62 for an employee enrolled for self and one family member, and
$1,385.80 for any employee enrolled for self and two or more family members.
The flex dollar allowance shall be increased by the amount of any additional
increase to the Blue Shield NetValue HMO, dental or vision plans occurring
during this period.
For City of Arroyo Grande
Date
Arroyo Grande Police officers' Association
Date
Agenda Item 8.d.
Page 5
RESOLUTION No.
RESOLUTION N of THE CITY COUNCIL OF THE CITY of
ARROYO GRANDE APPROVING A FOURTH SIDE LETTER of
AGREEMENT EEMENT To THE SERVICE EMPLOYEES INTERNATIONAL
UNION LOCAL 620 MEMORANDUM of UNDERSTANDING
WHEREAS, S, the City Council of the City of Arroyo Grande "City") deems It in the
best interest of the City to approve a fourth side later of agreement amending
the Service Employees International union Local 620 current Memorandum of
Understanding, which includes modifications to salaries and benefits, as
hereinafter provided .
NOW, THEREFORE, BE IT RESOLVED ED by the City Council of the City of Arroyo
Grande that,
An amendment to the Memorandum of Understanding 14 M with the
Service Employees International Union Local 620 "SEI " is hereby
approved, a copy of said amendment entitled "Fourth Side Letter of
Agreement, Modification to Memorandum of Understanding" is attached
hereto, marked Exhibit "A ", and Incorporated herein by this reference.
2. This Resolution shall become effective as of Novembe 1, 2010.
On motion of Council Member , seconded by Council Member
, and on the following roll call vote, to grit:
AYES;
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of , 2010.
Agenda Item 8.d.
Page 6
RESOLUTION N .
PAGE 2
TONY FEIAI, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
NEY
Agenda Item 8.d.
Page 7
RESOLUTION NO.
PAGE
Exhibit "A"
FOURTH SIDE LETTER of AGREEMENT
EEMEI T
MODIFICATION To MEMORANDUM of UNDERSTANDING
For valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the City of Arroyo Grande "City" and the Service Employees
International Union "SEI " do hereby agree to modify the current Memorandum
of Understanding ( "MOW) between the City and SEIU as follows, which shall
take effect only under the condition that the carne amendments are applied to the
management employees and the Arroyo Grande Police officers' Association:
Article 10.0 shall be amended to read as follows:
For the period of January 1, 2011 through dune 20, 2011, the flex dollar
allowance shall be $588.78 with respect to an employee enrolled for self alone,
$1,081.62 for an employee enrolled for self and one family member, and
$1,385.80 for any employee enrolled for self and two or more family members.
The flex dollar allowance shall be increased by the amount of any additional
increase to the Blue Shield f et slue HMO, dental or vision plans occurring
during this period.
For Local 6 20
Employees International
Arroyo Grande Chapter
Service
Union,
For City of Arroyo Grande
Date
Date
Agenda Item 8.d.
Page 8
R
IN ORPORAT D
JULY 10, 1911 MEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
SUBJECT: CONSIDERATION OF REQUEST FOR LUCIA MAR UNIFIED SCHOOL
DISTRICT IRREVOCABLE OFFER OF DEDICATION OF CASTILL
DEL MAR RIGHT-OF-WAY
DATE: NOVEMBER 23, 201
RECOMMENDATION:
It is recommended the City Council request from the Lucia Mar Unified School District
("District") an irrevocable offer of dedication for the Castillo Del Mar roadway extension
property behind the high school.
FINANCIAL I III PACT:
There is no cost impact to the City for requesting the irrevocable offer of dedication. If
the Class I bike lane project is pursued, it would result in a cost of $28,600 for design
and a required local match of approximately $ for construction costs. This would
need to be funded from savings from other capital projects. The estimated cost of
construction of the bike lane is approximately $169,000. A total of $150,000 is available
from grant funding,
BACKGROUND:
In May 2006, the City entered into a Memorandum of Understanding OU) with the
District, J.H. Land Partnership and John Taylor, Trustee to enable the City to
accomplish the extension of Castillo Del filar to V alley Toad. The M OU was later
amend on .January g, 2007, April 24, 2007, and again on April 22, 2008. The primary
objective of the City has been to provide an additional access route behind the high
school in order to relieve existing traffic congestion on Orchard Street caused by the
high school.
The key terms included the following:
■ J.H. Land Partnership will acquire approximately one acre of agricultural land
from ,John Taylor, Trustee, which they will deed to the City at no cost;
■ J.H. Land Partnership will pay to City up to $835,000 for the cost o road
improvements and mitigation of loss of agricultural land;
Agenda Item 8.e.
Page 1
CITY COUNCIL
CASTILLO DEL MAR IRREVOCABLE OFFER OF DEDICATION
NOVEMBER 23, 2010
PAGE 2
• The District will relinquish the private road to the City at no cost conditioned upon
approval by City of a General Plan amendment and rezoning to hillside
residential of 10 acres owned by the District on the south side of the roadway;
• The existing access easement and access control located at the south end of
Castillo Del Mar will be moved to the southern access point of the development
proposed by J.H. Land Partnership; and
• Remaining land deeded to the City by J.H. Land Partnership not used for road
construction will be deeded to the District.
The City has subsequently approved the General Plan amendment and rezoning for the
10 acres owned by the District.
ANALYSIS of ISSUES:
Due to the economic recession and its impact on development, the J.H. Land
Partnership project has not been developed. Therefore, the City has not yet received
funding from the developer or the roadway from the District consistent with the time
frames set forth in the M U.
The MOU was based on an agreement by the City to allo w vehicle access from the J.H.
Land Partnership project, which is in the unincorporated area, through the City. In
exchange, the City would receive from the District what is now a private street behind
the high school to improve local circulation and funding from the developer to widen and
connect the roadway to Valley Road. The District benefits through rezoning of land they
own behind the high school and by receiving additional property from a remaining
portion of the agricultural land that they will use for the high school agricultural program.
Since the City has completed rezoning of the District property, staff believes the City
should secure an irrevocable offer of dedication of the property needed for the road
extension in exchange for maintaining the zoning. This would complete the majority of
measures required in the MOU between the City and District so the City could move
forward with the project when the developer is able to proceed. The remaining portion
of the agricultural property would be transferred to the district once the property is
received from the developer. The developer is pursuing additional density for their
project through the County to improve the economic viability of the project.
In the meantime, $150,000 of the cost of improvements to the roadway was to be paid
from TE grant funds. However, the grant funds will expire in November 2011 if a
contract for the improvements is not issued by that tune. The TE funds were eligible
and approved by the San Luis Obispo Council of Governments SLOG to fund the
inclusion of bike lanes in the street widening and realignment project. If the grant funds
are lost, this cost will eventually need to be funded from the City or developer.
Therefore, in order to avoid losing the funds, staff developed an alternative of
constructing the bike lane at this time independent of the street widening and
Agenda Item 8.e.
Page 2
CITY COUNCIL
CASTILLO DEL MAR IRREVOCABLE OFFER of DEDICATION
NOVEMBER 23, 2010
PAGE
realignment. It would be designed as a Class I bike lane and located at the edge of
where the widened roadway will eventually be constructed. Preliminary design has
been completed. However, it is not recommended because staff has determined that
costs for design and matching funds for construction would be approximately $48,000.
This would be a significant cost for a bike lane that would have limited use, particularly
given that there is no guarantee when and if the roadway will be improved.
In order to install the bike lane, it would require a temporary access easement from the
District. City staff has coordinated with District staff, who appear supportive of either
option. If approved by the City Council, it would then be presented to the Board of
Education for their consideration in January 2011.
A copy of the preliminary Mans for the bike lane alignment is attached. The bike lane Is
designed to connect Castillo Del Mar with the high school rear parking area. It would
eventually be connected to Malley Road, but cannot at this time since the agricultural
parcel has not yet been acquired.
ALTERNATIVES:
ES:
The following alternatives are provided for the Council's consideration:
W Approve staffs recommendations;
M Direct staff to also request from the District a temporary easement to pursue the
Mass I bike lane project In order to avoid loss of the $150,000 grant;
- Since the terms of the MOU have expired, direct staff to abandon the project at
this time and prepare an action for City Council consideration to change back the
zoning on the District I0 -acre parcel; or
- Provide direction to staff.
ADVANTAGES:
Approval of the recommendations will help acquire the necessary right-of-way for the
future Castillo Del Mar road extension so that it will be ready for construction once the
J.H. bland Partnership development proceeds. This will help maintain the feasibility of
the project in order to reduce traffic on Orchard Street, as well as the intersection of
Orchard Street and Fair Oaks Avenue.
DISADVANTAGES:
There are no disadvantages identified with requesting the irrevocable offer of
dedication. The City will likely lose $150,000 in grant funds by not pursuing the Mass I
bike lane at this time unless the development project proceeds within the net few
months.
Agenda Item 8.e.
Page 3
CITY COUNCIL
CASTILLO DEL MAR IRREVOCABLE OFFER OF DEDICATION
NOVEMBER 23, 2010
PAGE 4
ENVIRONMENTAL ONMENTAL EVIE :
In August, 2006 the City Council adopted a Mitigated Negative Declaration for the
General Plan and Development Code Amendment 06 -001 that included the extension
of Castillo Del Mar Drive from orchard Street to V alley Road. Due to potential federal
funding (Federal Highway Administration FHWA, Caltrans is the lead agency for the
preparation of the NEPA determination that is anticipated to be a categorical elusion.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Fall on Thursday, November 18, 2010 and on
the City's webs ite on Friday, November 19, 2 010. No comments we re received.
Attachments:
1. I rrevoca ble Offer of Dedication
2. Preliminary Bile Lane Alignment Plans
3. Temporary Easement for Bike Lane Project O ption
Agenda Item 8.e.
Page 4
ATTACHMENT 1
RECORDING RETESTED
BY AND WHEN RECORDED
RETUR N TO:
City Clerk
City of Arroyo Grande
214 East Branch Street
Arroyo Grande, CA 93420
FOR RECORDER'S DER'S USE ONLY
IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE
THIS OFFER TO DEDICATE, made this day o November 2010; by Lucia Altar Unified
School District, hereinafter termed Offeror:
WHEREAS, the City of Arr Grande (the "City" ) desires to construct an extension of the
existing City roadway known as Castillo del Altar from its present terminus to Malley Road (the
"Roadway Extension").
WHEREAS, Offeror desires to male an irrevocable and perpetual offer to dedicate a public road
easement to the City to enable construction of the Roadway Extension.
NOW, THEREFORE, F E, for valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, said Offeror covenants and promises as follows:
'l. That said Offeror is the owner of the read property described in Exhibit A and depicted in
Exhibit B.
2. That said Offeror does hereby irrevocably and in perpetuity offer to such governmental
entity a dedication of a public right of way for road purposes and incidental uses upon
the property described in Exhibit A and depicted in Exhibit B.
3. That said Offeror agrees that said offer of dedication shall be irrevocable and that such a
government entity may, at any time in the future, accept said offer of dedication of the
public right-of-way.
4. That said Offeror agrees that this irrevocable and perpetual Offer to Dedicate is and
shall be binding on its heirs, legatees, successors and assignees.
SIGNATURES TO FOLLOW N NEXT PAGE
IN WITNESSS WHEREOF, this Offer is hereby executed by the said Offeror on the day and
year first above writte
Agenda Item 8.e.
Page 5
Lucia Mar Unified School District
:
President of the Board of Education
This is to certify that the interest in real property conveyed by the IRREVOCABLE AND
PERPETUAL OFFER TO DEDICATE, dated November , 2010 from Lucia Mar Unified
School District to CITY OF ARROYO GRANDE, a municipal corporation of the State of
California is hereby accepted by Resolution of the City Council of the city o Arroyo Grande on
November , 2010, and the City of Arroyo Grande consents to the recordation thereof by its
duly authorized officers.
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
Agenda Item 8.e.
Page 6
................
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ATTACHMENT 3
RECORDING REQUESTED
BY AND WHEN RECORDED
RETURN TO:
City Clerk
City o f Arroyo Grande
214 East Branch Street
Arroyo Grande, CA 93420
FOR RECOR DER'S USE ONLY
GRANT T F BIDE PATH ADD PEDESTRIAN ACCESS EASEMENT
T
This Grant of Bile Path and Pedestrian Access Easement Agreement (the
"Agreement" ) is made this day of November 2010 (the "Effective Dante" ) , by and
between the City of Arroyo Grande, a municipal corporation (the "City") and the Lucia
Mar Unified School District, (the "District"), a school district formed under the lavers of the
State of California. The City and the District are referred to individually throughout this
Agreement as "Party" and collectively as "Parties."
Fr. ITAI R
1. WHEREAS, District and City entered into a Memorandum of
Understanding (the "M U" ) oon or about April 24, 2007, in order to create a conceptual
framework for the Parties to plan for, design and develop the proposed extension of the
existing City roadway known wn as Castillo Del Mar from its present terminus to alley
Road (the "Roadway Extension "); and
2. WHEREAS, District is the o wner of approximately i acres o f real
property through which the Roadway Extension would run (the "District Property"); and
3. WHEREAS, pursuant to paragraph b of the M U, the District will
provide, deed or dedicate a portion of the District Property to City for the Roadway
Extension; and
4. WHEREAS, EAS, the purpose of the Roadway Extension is to improve existing
circulation conditions, create a safe, viable transportation corridor and provide access to
Vesting Tentative Tract 1789 "Tract 1789"); and
5. WHEREAS, EAS, in anticipation of construction of the Roadway Extension, City
applied for, and was granted one hundred and fifty thousand dollars ($150,000.00) in
Federal STIP funds by SL O G to construct bicycle lanes along the Roadway
Extension which must be used by ; and
Agenda Item 8.e.
Page 8
6. WHEREAS, the Roadway Extension has been delayed indefinitely due to
Tract 1789 funding constraints; and
7. WHEREAS, in order to utilize the Federal STIP funds, the Parties agree
that a Class I bike path should be constructed within the net year; and
8. WHEREAS, the bike path will traverse a portion of the District Property,
more particularly described in Exhibit "A" and depicted in Exhibit "B ", both of which are
attached hereto and incorporated herein (the "Bike Path Property"); and
g. WHEREAS, by this Agreement, District will grant a permanent easement
to City for bicycle and pedestrian access purposes over, under and upon the Bike Path
Property, pursuant to the terms and conditions set forth herein.
AGREEMENT
oll'll, THEREFORE, E, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. Recitals. The above recitals are true and correct and are incorporated
herein by this reference.
2. Grant of Easement. District hereby grants to City and City hereby accepts
an exclusive easement over, under, in, and upon the Bike Path Property "Bike Path
Easement"), pursuant to the terms and conditions set forth herein.
3. Character of Easement. The Bike Path Easement granted herein is
perpetual, exclusive and in gross for the benefit of the City, its successors and assigns.
4. lase. City shall use the Bike Path Easement exclusively for the
development, construction, and maintenance of a public bike and pedestrian path for
bicycle and pedestrian access purposes.
5. R r) %r and Maintenance City shall be solely responsible to per such
maintenance and repair of the Bike Path Easement as determined necessary b y City to
keep sane in a safe, usable and functional condition. The obligations under this
paragraph shall survive the termination of this Agreement and continue so long as City
is the holder of the Bike Path Easement.
6. Successors and Assigns The provisions of this Agreement are intended
to and will run with the District Property, and will bind, be a charge upon and inure to the
benefit of City.
7. Indemnification. City agrees to indemnify and defend the District, its
agents, representatives, heirs, successors and assigns, against any and all claims,
Agenda Item 8.e.
Page 9
actions, or demands, costs or e including reasonable attorney's fees, arising out
of or in any way connected to any activities of City, its agents, representatives, heirs,
successors, assigns or invitees arising out of their use of the Bike Path Easement,
excluding therefrom claims resulting from the negligence or willful misconduct of District.
8. Attorney's Fees If any legal action or proceeding arising out of or relating
to this Agreement is brought by either party to this Agreement, the prevailing party will
be entitled to receive from the other party, in addition to any other relief that may be
granted, the reasonable attorney's fees, costs and expenses incurred in the action or
proceeding by the prevailing party.
g. Entire Agreement This Agreement constitutes the entire agreement
between [district and City relaying to the Bike Path Easement. Any prior agreements,
promises, negotiations or representations not expressly set forth in this Agreement are
of no force and effect unless it is in writing and signed by the District and City or their
respective successors and assigns. This Agreement will be effective upon the date it is
recorded.
10. Governing Law and V enue . This Agreement shall be construed and
enforced in accordance with, and governed by, the lags of the State of California. The
Parties hereto agree that all actions or proceedings in connection with this Agreement
shall be tried and litigated in the Superior Court located in the County of San Luis
Obispo, State of California.
11. Severability If any tarn or provision of this Agreement is determined to
be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal,
unenforceable, or invalid provision or part thereof shall be stricken from this Agreement,
and such provision shall not affect the legality, enforceability, or validity of the remainder
of the Agreement. If any provision or part thereof of this Agreement is stricken in
accordance with the provisions of this section, then such stricken provision shall be
replaced, to the extent possible, with a legal, enforceable, and valid provision that is as
similar in tenor to the stricken provision as is legally possible.
12. Counterparts This Agreement may be executed in two or more
counterparts, each of which will be deemed an original, but all of which together will
constitute one and the same instrument.
SIGNATURES TO FOLLOW N NEXT PAGE
Agenda Item 8.e.
Page 10
III WITNESS WHEREOF, the Parties hereto have executed this Agreement as of
the date first set forth hereinabe.
City of Arroyo Grande
STEVEN ADAMS, City Manager
Lucia Mar Unified School District
0
President of the Board of Education
ATTEST:
KELLY WETMORE, City Clerk
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, City Attorney
Agenda Item 8.e.
Page 11
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 8.e.
Page 12
R
INCORPORATED
#� ,ULY 10, 1 ,
F MEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER . �5k
SUBJECT: AGENDA ITEM 8.E. — SUPPLEMENTAL INFORMATION
DATE: NOVEMBER 23, 2010
Staff is working on additional alternatives that may still provide an opportunity to utilize
the grant funds to construct the Castillo Del Mar Class I Bike Larne project without an
initial commitment of funding by the City. Therefore, it is recommended that this item
be continued to the December 14, 2010 meeting.
Please let me know if you have any questions. Thank you.
A. goo MEMORANDUM
To; CITY COUNCIL
FROM: STEVEN Hr AI IHIB LI, CHIEF of POLICdc
SUBJECT: CONSIDERATION OF USE OF STATE 2010 -11 CITIZENS OPTION FOR
PUBLIC SAFETY (COPS) FUNDS
DATE. NOVEMBER 23, 2010
RECOMMENDATION:
:
It is recommended that the City Council: 1 approve the Chief of Police's
recommendation to utilize the FY 2010-11 COPS funds to continue the multi -year
program for the replacement and enhancement of the Police Department's radio
communications equipment; 2 authorize the expenditure of $189,877 carried over
from the City's FY 2099 -19 COPS Program; and 3 appropriate $1,734 in accrued
interest.
FINANCIAL CIAL IMPACT:
Where is no General Fund impact. This expenditure involves $100,000 to be received
by the City under the COPS Program in FY 2010 -11 and $189,879 carried over from
the FY 2909 -19 COPS Program and $1 ,734 in accrued interest.
It should be noted that the funding from the California Department of Finance is
dependant upon revenue generated from the state V ehicle License Fees and
therefore may be less if there is a reduction in overall V revenues.
BACKGROUND:
The FY 2010-11 State Budget continues funding for the Citizens Option for Public
Safety (COPS) Program. Under this program, funding is allocated to local law
enforcement for the delivery of services. These funds must be used to augment local
laver enforcement services and may not be used to supplant existing funding for such
services. As in the past, the declared intent of the Governor and Legislature is to
continue COPS as a multi -year program. However, a new appropriation to fund the
program is required each succeeding fiscal year.
The law requires that these funds be appropriated pursuant to written requests from
the Chief of police. The City Council must consider these requests separate and
apart from the proposed law enforcement allocations from the General Fund.
Additionally, the City must establish a separate interest bearing fund (Fund 271 ) to
record the receipt and expenditures of monies received pursuant to this program. The
Agenda Item 9.a.
Page 1
CITY COUNCIL
CONSIDERATION OF USE OF STATE 2070 -11 CITIZENS OPTION FOR PUBLIC
SAFETY(COPS)FUNDS
NOVEMBER 23, 2010
PAGE 2
each year to consider requests from the Chief of Police. The postponement of this
report to October was due to the State's delay in passing a FY 2008 -99 budget. The
funds are scheduled to be transferred this month from the State to the San Luis
Obispo County Supplemental Law Enforcement Services Fund SLESF, which
is administered by the County of San Luis Obispo. The County SLESF Oversight
Committee is scheduled to meet to review the requests from the cities in the Counter in
November 20190 This review, which is required by law, is to ensure that the use of the
COPS funds comply with the requirements and restrictions set forth in State law.
Upon approval of the City's expenditure plan for this gear's COPS funds by the Counter
SLESF Oversight Committee, the Counter Auditor - Controller will forward the
designated funds to the City. The allocation for the City of Arroyo Grande is
$1 00,000.
Beginning with FY 2095 -0, a decision was made to utilize the COPS allocation over
the next five to six gears for the replacement and enhancement of the Police
Department's base station radio communications system.
A two- phased plan was developed to replace the out -of- support components and
enhance the operability of the system. During FY 2006-07, the transmitters are
receivers were replaced and the dispatch console equipment was ordered after the
Department requested and received proposals. The console equipment replacement
was completed in 2007, along with improvements in the dispatch seating, 16 channel
upgrades to the logger - recorder system, and some minor mechanical and electric
system upgrades to the repeater site. A Communications Overview Report was also
commissioned in 2007 using an outside consultant to provide oversight on the existing
improvements, and to provide objective technical advice on the plan. In 2008 the
dispatch center was expanded, new state of the art consoles were installed and
upgrades in both CAD and mapping software was completed. The much anticipated
final stage of the county wide CAD to CAD was installed and went operational..
ANALYSIS SIS of ISSUES:
The COPS Program is a permanent program in the State Budget, but, a new
appropriation to fund the program is required each year as part of the State's annual
budget process. As in the past, staff will return at a later date with a recommendation
for City Council authorization to proceed with specific e for the project.
At this time, the City Council is being asked to approve the Chief of Police's
recommendation to designate the FY 2010 -11 COPS allocation of $100,000 for this
communications system improvement program. The postponement of this report to
November was due to the state's delay in passing a FY 2010-11 budget.
Agenda Item 9.a.
Page 2
CITY COUNCIL
CONSIDERATION OF USE OF STATE 2010 -11 CITIZENS OPTION FOR PUBLIC
SAFETY(COPS)FUNDS
NOVEMBER 23, 2010
PAGE 3
Staff recommend s. that the FY 2010-11 funding continue to e designated to be used
as part of a multi -year program for the replacement and enhancement of the Police
Department's radio communications equipment and that the accrued interest of $1 ,734 be
designated for use in the Fund's "Special Departmental Supplies" (line item # 271-4202-
52 to allow staff to purchase equipment and supplies not contained in this year's
City Budget. The equipment and supplies purchased would be used to support front-
line lava enforcement operations, as intended and required by A3229.
The prior radio system was purchased in FY 1986- and was approaching 20 years
in age. The City's communications maintenance contractor notified the City that the
manufacturer would no longer support elements of the existing system with
replacement components. The outside estimates for a new system and installation
was approximately $507,000.
With the success of phase one, we are now ready to move on to the second phase of
the project, the system enhancement phase. This may include mobile data terminals
for the patrol cars, the potential acquisition of additional frequencies and the
procurement of associated mobile devices.
ALTERNATIVES:
The following alternatives are provided for the Councils consideration;
Recommended Al ema i e: It is recommended that the City Council approve the
Chief of Polices re ommendation to utilize the FY 2010-11 COPS funds and funds
carried over from FY 2009-10 to continue to be used as part of a multi -year
program for the replacement and enhancement of the Police Department's radio
corn rnuniations equipment and that the accrued interest of $1,734 be designated
for use in the Fund's "Special Departmental Supplies" (line item # 271 -4202 -5255)
to allow staff to purchase equipment and supplies not contained in this year's City
Budget.
Consider alternative uses for the FY 2009-10 COPS allocation of $100,000.
Provide direction to staff.
ADVANTAGES:
The advantage of approving the recommended action is that it will continue to provide funding
for the enhancernent phase of the police co mrnunication s project with no impact to the City's
General Fund.
Agenda Item 9.a.
Page 3
CITY COUNCIL
CONSIDERATION OF USE OF STATE 2070 -11 CITIZENS OPTION FOR PUBLIC
SAFETY(COPS)FUNDS
NOVEMBER 23, 2010
PAGE 4
DISADVANTAGES:
TAGES:
The disadvantage of approving the recommended action is that funding could be used for
other front line law enforcement programs if alternative funding for communications
enhancements is identified.
ENVIRONMENTAL REVIEW:
IEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The public impacted by the proposal is the Arroyo Grande Police Department's service
population. The public has been made aware of the proposal before Council by the
publication of a public hearing notice in the Tribune on Friday, November 12, 2010 and by a
posting of the Agenda In the front of City Hall on Thursday, November 1 , 2010. Public notice
has also been posted on the City's website on Friday, November 19, 2010. No public input
has been received to date.
Agenda Item 9.a.
Page 4
R
0
INCORPORATED
MEMORANDUM
JULY 10. 1011
F
CITY COUNCIL
FROM: I: TEI ESA MCCLISH, COMMUNITY DEVELOPMENT T DIF ECTOF
BY: RYAN FOSTER, ASSOCIATE PLANNER
SUBJECT: CONSIDERATION of DEVELOPMENT T CO E AMENDMENT 10-005;
AMEND MUNICIPAL CODE SECTION 16.44,040 REGARDING
ING
ALLOWED USES IN THE PUBLIC/QUASI-PUBLIC PF ZONING
DISTRICT
DATE: NOVEMBER 23, 2010
RECOMMENDATION:
The Planning Commission recommends that the City Council introduce an Ordinance to
amend Section 16.44.040 of the Arroyo Grande Municipal code regarding allowed uses
in the Public/Quasi-Public PF zoning district (Development Code Amendment 10-005).
FINANCIAL IMPACT:
The project will not result in any negative fiscal impact to the City. Potential revenue
from any future lease agreements will Vary according to market conditions. The annual
revenue from the lease of 214 East Branch Street is $38,520.
BACKGROUND:
The City Council authorized the relocation of all City Hall staff from the buildings located
at tog, 208 and 214 East Branch Street to the recently acquired building at Soo East
Branch Street. The buildings at 20 and 208 East Branch Street were sold; however,
the City still owns the building at 214 East Branch Street and has reached . long - terra
Re/Max, lease agreement for the building with Del Oro, a real estate business. Father
than rezone the property at 214 East Branch Street (and other PF properties that may
become surplus in the future) from Public/Quasi-Public PF to pillage Core Downtown
(VCD), staff recommends a minor amendment to Municipal Code Section 16.40.0 40
that would explicitly allow professional office and retail uses in leased public buildings
within the PF zoning district.
ANALYSIS of ISSUES:
Proposed Cha
The proposed Development Code Amendment ( DCA) will revise Table 16.40.040-A
( Uses Permitted Within the Public/Quasi-Public District) as follows:
Agenda Item 9.b.
Page 1
CITY COUNCIL
DCA 10-005
N OVEMBER 23, 2010
PAGE 2
Legend
P
Permitted
P-P MUP
Permitted Subject to Plat Plan Review Minor Use Permit
CUP
Permitted Subject to Issuance of a Conditional Use Permit (see Section 1 .1 . 0 E
for additional information - use may be permitted without a Conditional Use Permit or
subject to Plot Pla r Minor U Permit based on c riteri a listed h
TUP
Permitted Subject to issuance of Temporary Use Permit
Use
PF
A. Public/ U ses
1. Animal shelter
G CUP
2. Day nurseries and nursery schools
CUP
3 . Churches
G CUP
4 . Clubs, lodges, fraternities and sororities
CUP
5 . Educational institutions (including public or p rivate vocational schools
CUP
6 . Fire and police stations
G CUP
7 . Hospitals
CUP
8 . Post o ffices
G CUP
9 . P buildings and grounds not otherwise mentioned herein
Q CUP
10. Public libraries and museums
G CUP
11. Public parks and recreation facilities ublic or private)
P
12. Public utilities and public service substations, reservoirs, pumping plaints and
similar installations not including public utility offices
G CUP
13. Public utility services offices
G CUP
14. Recreational facilities such as zoos, c ountry clubs, tennis and swim clubs,
golf courses and private ranges, equestrian centers, with incidental limited
commercial uses that are commonly associated and /or directly related to the
p rimary recreational use
G CUP
B. Recreational Uses
1. Convalescent homes, congregate care, assisted living facilities for senior
citizens
G CUP
2. Residential care facility
CUP
3 . Homeless shelters within religious or social org anization buildings
G CUP
G. Ae*essasf I lees
1. AeGessGF
-R
46 i3le
eo9ndAiena use p
L hinr*L fry the nr av i s i o n s of SeGtien 16.16, 1 an the i ss i i aP r+ e of a ♦ emp nr a r Y
,.. 9 s cirrtilaF r and F;9 nn9re 9hiPr+ #i9n a b1e #h a am he use Wentifie
'
I
above . the Commission
C. Commercial Uses (formul busi nesses as defined in Section 16.04.070 are
rohibited on properties in the D-2.4 Overlay) ... ..._ �.
Professional office and retail uses in leased public buildings with no ex ansion in
MUP
.�
facilities
Professional office and retail uses in leased public buildings requiring_ expansion
CUP
of facilities
Agenda Item 9.b.
Page 2
CITY COUNCIL
DCA 10-005
NOVEMBER 23, 201
PAGE 3
D. A ccessory U ses
1. Acc essory st an uses l ocate d on th same site as a Permi use
M P
2 . Accessory structures an d uses located on the same site as a use requiring a
MUP
con use permit
3 . Accessory structures an d uses located on the same site as a use requiring a
CUP
con use p ermi t
E. Temporary U ses months or less
(Subject to the p rovisions of Section 1 .1 .10o and the issuance of a ternporary
TI P
use errs it
F. Other uses si milar to, and no more _ objectionable than the uses identified
CLAP
a bove as determined by the Planninq C ommission
Explanation of Proposed Change
- rr • r• �y.tar.nx .
The proposed change will allow the City to lease surplus public buildings to non - public
entities (professional office and retail) that are no more intensive than uses currently
allowed in the Public /Quasi- Public PF zoning district. Any professional office or retail
use of a public building in the PF zone will rewire approval of a Minor Use Permit
( MUP). The primary reason for proposing the change in allowed uses rather than
rezoning the property is that the City may re occu the building in the future. This will
avoid having to rezone the property every time circumstances change regarding use of
the property. The change also prohibits formula businesses as defined in Section
16.04.070) from properties located in the D-2.4 Overlay.
Planning Commission R eview
The Planning Commission considered the proposed Development Code Amendment
( DCA)at its meeting of November 2, 2010, recommending approval with a -0 vote
(Attachment 1).
ALTERNATIVES:
The following alternatives are presented for City Council consideration:
Introduce an Ordinance to amend Section 16.44.040 of the Arroyo Grande
Municipal Code regarding allowed uses in the Public PF zoning
district;
Do not introduce the Ordinance; or
Provide d to staff.
ADVANTAGES:
The proposed Development Code Amendment will provide flexibility to the City (and
County) regarding the use of public buildings in the Public/Quasi-Public PF zoning
district, allowing the City or County) to lease surplus public buildings to non - public
entities while preserving the current inventory of PF zoned property — the primary
purpose of which is to ;designate land for the conduct of public, quasi- public, and
institutional activities, including the protection of areas needed for such future facilities'.
Agenda Item 9.b.
Page 3
CITY COUNCIL
cA 10 -005
NOVEMBER 23,2010
PAGE 4
DISADVANTAGES:
The only potential disadvantage identified by staff would be if the County proposed to
lease property to a use that the city apposed, but the City would still have some
oversight through the Minor Use Permit (MUP) process.
ENVIRONMENTAL REVIEW:
Staff has reviewed the proposed project in compliance with the California Environmental
Quality Act (CE QA) and has prepared a draft negative Declaration Attachment 2). If
the city Council does not agree that this determination is appropriate, project approval
cannot be considered at this tire.
PUBLIC NOTIFICATION AND COMMENT:
An eighth -page advertisement was published in the Tribune on Friday, November 12,
2010. As of November 15, 2010, staff has not received any public comment regarding
the proposed project.
Attachments:
1. Draft Planning Commission minutes, November 2, 2010
2. Draft Negative Declaration
Agenda Item 9.b.
Page 4
ORDINANCE No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE APPROVING DEVELOPMENT CODE AMENDMENT 10-005 TO
AMEND SECTION 16.44.040 OF THE ARROYO GRANDE MUNICIPAL
CODE REGARDING ALLOWED USES IN THE PUBLIC/QUASI-PUBLIC
(PF) ZONING DISTRICT
WHEREAS, EAS, the City has determined that the public building located at 214 East Branch
Street is not currently needed for City business purposes; and
WHEREAS, the City wishes to preserve its existing inventory of Public/Quasi-Public PF
zoned properties; and
II HEF EAS, the City has initiated Deve lop rnent Code Amendment 10-00 5 to amend Arroyo
Grande Municipal Code Section 16.44.040 expanding allowed uses in the Public/Quasi-
Public (PF) zoning district; and
WHEREAS, after consideration of all testimony and all relevant evidence, the City Council
has determined that the following Development Code Amendment findings can be made in
an affirmative manner:
A. The proposed change to Section 16.44.040 will preserve the city's existing
inventory of Public /Quasi- Public (PF) zoned properties, and is therefore desirable to
implement the provisions of the General Plan.
B. The proposed change to Section 1 . . o will not adversely affect the public
health, safety, and welfare or result in an illogical land use pattern.
C. The proposed change to Section 16.44.040 is consistent with the purpose and
intent of Title 16, satisfies the intent of chapters 1 6.32 and 16.36 of the Municipal
Code and provides for internal consistency;
D. As disclosed in the Negative Declaration prepared for the project, the potential
environmental impacts of the proposed change to Section 16.44.040 are
insignificant.
NOW, THEREFORE, E, BE IT ORDAINED by the City Council of the city of Arroyo Grande as
fol lows:
Agenda Item 9.b.
Page 5
ORDINANCE ANC NO.
PAGE 2
SECTION 1: The above recitals and findings are true and correct and incorporated herein b y
this reference.
SECTION : Municipal Code Section 16. .g g is hereby amended as follows:
Lead
P
Permitted
11UP
Permitted Subject to Minor Use Permit
CUP
Permitted Subject to Issuance of a Conditional Use Permit (see Section 1 .1 . B
for additional information - user may be permitted without a Conditional Use Permit or
subject to Minor Use Permit based on criteria listed herein
TUP
Permitted Subject to Issuance of Temporary Use Permit
Use
PF
A. Public/Quasi-Public Uses
1. Animal shelter
CUP
2. Day nurseries and nursea schools
CUP
3 . Churches
CUP
4 . Clubs, lodges, fraternities and sororities
CUP
5 . Edu ationai i nstitutio n sf in cl udin u b I ic or p rivate vocatio nal schools
CUP
6 . Fire and police stations
cup
7 . H
CUP
8 . Post offices
CUP
9 . Public build and grounds not otherwise mentioned herein
CUP
10. Public libraries and museums
CUP
11. Public parks and recreation facilities (public or pri
P
12. Public utilities and public service substations, reservoirs, pumping plants and
similar installations not including ubli utility offices
CUP
13. Public utility services offices
CUP
14. Recreational facilities such as zoos, country clubs, tennis and swim clubs,
golf courses and private ranges, equestrian centers, with incidental limited
commercial uses that are commonly associated and/or directly related to the
p rimary recreational use
CUP
B. Recreational Uses
1. Convalescent homes, congregate care, assisted Irving facilities for senior
c itizen s
CUP
2. Residential care facility
CUP
3 . Homeless shelters within religious or social oE buildings
CUP
C. Commercial Uses (formula businesses as defined in Section 16.04.070 are
p r o hibited on properties in the D-2.4 Overly
Professional office and retail uses in leased public buildings with no expansion in
facilities
I IUP
Professional office and retail uses in leased public buildings requiring expansion
o f facilities
CUP
D. Ae Uses
1. Accessory structures and uses located on the same site as a permitted use
MUP
2. Accessory structures and uses located on the same site as a use requiring a
conditional use permit
MUP
3. Accessory structures and uses located on the serve site as a use requiring a
conditional use permit
CUP
Agenda Item 9.b.
Page 6
ORDINANCE No.
PAGE
E. Temp Uses months or less
(Subject to the provisions of Section 1 .16.100 and the issuance of a temporary
TUP
use permit
F. Other uses similar to, and no more objectionable than the uses identified
CUP
above, as determined by the Planning Commission
SECTION 34 If any section, subsection, subdivision, paragraph, sentence, or clause of this
Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not
affect the validity of the remaining portion of this Ordinance or any part thereof. The City
Council hereby declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, or clause thereof, irrespective of the fact that any one or more section,
subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional.
SECTION : Upon adoption of this Ordinance, the City Clerk shall file a Notice of
Determination.
SECTION : A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five days prior to the City Council
meeting at which the proposed ordinance is to be adopted. A certified copy of the full tent
of the proposed Ordinance shall be posted in the office of the City clerk. Within fifteen
( 15) days after adoption of the Ordinance, the summary with the names of those City
Council Members voting for and against the Ordinance shall be published again, and the
City Clerk shall post a certified copy of the full tent of such adopted Ordinance.
SECTION : This ordinance shall take effect on the later of thirty 30 days from the date of
adoption.
On motion of , seconded by , and on the following roll call vote to wit:
AYES:
NOES.
ASSENT.
the foregoing ordinance was adopted this : day of December, 20 10.
Agenda Item 9.b.
Page 7
FINANCE I.
PAGE
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMO E, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGE
APPROVED AS TO FIB:
TIMOTHY J. CARMEL, CITY ATTORNEY
Agenda Item 9.b.
Page 8
ATTACHMENT 7
MINUTES
PLAITING C Mll ISSI
NOVEMBER 2.2001
6:00 P.I.
CALL TO ODDER - The Arroyo Grande Planning Commission met in regular session with Chair
Brown presiding; also present were Commissioners Barnei h, been, Martin and Ruth. Staff
members in attendance were Community Development Director, Teresa McClish and Associate
Planner Ryan Foster.
ANNOUNCEMENTS: ,None.
AGENDA REVIEW: There were no changes to the order of the Agenda.
APPROVAL OF MINUTES: On a motion by Chair Brown, seconded by Commissioner Barneich,
the minutes of October 19, 2010 were approved with the followi ng requested changes:
1. Page 1, last paragraph, regarding Grace Bible Church, "Commissioner Keen stated the fire
door should be darker, strike "than trim "; the motion should also include this condition.
2. Page 3, Item II.B. Variance Case No. 10-001001, Commissioner keen did not second the
motion. Chair Brown seconded the motion; male changes to reflect this.
3. Page 4, Item II.D. last paragraph, re People's Self Help Housing; Commission discussion
should include a request by Commissioner been, that if the project is approved it should -be
conditioned to require that Curtland Street be red - striped (no parking) in appropriate areas.
A. ORAL COMMUNICATIONS: N ne.
B. WRITTEN COMMU AFTER AGENDA PREPARATION:
The Commission received the following material after preparation of the agenda:
1 Legislative Copy of Proposed Changes to Public Hearing Item Il.A Development Code
Amendment 10-005, Section 16.44.040
2. Administrative Item TUP Case No. 10-020, Rab ban , 1260 E. Grand Ave for temporary
placement of an artificial Christmas tree.
3. Administrative Item PPR Case No. 10-005, Duke and Lori Sterling, 124 Allen Street regarding
additional conditions of approval for the proposed project.
4. Administrative Item PPR 10-015, Paulding School riparian Restoration ration and Educational Trail,
Central Coast Salmon Enhancement.
II, PUBLIC HEARING ITEMS.
A. DEVELOPMENT CODE AMENDMENT CASE NO. 10-006; APPLICANT CITY OF
ARROYO GRANDE; LOCATION — CITYWIDE
Associate Planner, Ryan Foster presented the staff report for consideration of a proposed
amendment to Development Code Section 1 6.44.040 regarding allured uses in the Public./Quasi-
Public (PF) zoning district; the changes would add a new category o f use to allover professional
office and retail use with a Minor Use Permit or Conditional Use Permit and would only apply to
public buildings (City or County) within this zone. After a discussion with Commissioner F uth,
language has also been added to the Table under Section C, Commercial Uses, to clarify that
formula businesses are prohibited on properties within the D- Overlay District. In conclusion,
Mr. Foster recommended that the Planning Commission adopt the Resolution re rr mending that
Agenda Item 9.b.
Page 9
PLANNING COMMISSION
MINUTES
NOVEMBER 2, 20010
PAGE
the City Council adopt an ordinance to amend the Development Code Section 16.44.040 as
proposed .
Commissioner been stated that all the explanations in the table refer to buildings and asked about
;`undeveloped land", Staff explained that the Public/Quasi-Public (PF) zoning district only includes
City /County owned buildings and that any new buildings in this zone would have to be approved
with a conditional use permit.
Chair Brown opened the Public Hearing for public comment and hearing none closed it.
Commissioner Keen made a motion, seconded by C ommissioner Barnei h recommending that
City Council adopt an ordinance to amend the Development Code Section 16.44.040, regarding
allowed uses in the Public/Quasi-Public (PF) zoning district, including revisions proposed by staff
and adopt,
RESOLUTION N.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO
GRANDE RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE TO
AMEND THE DEVELOPMENT CODE SECTION 16.44.040 REGARDING ALLOWED
USES IN THE PUBLIC/QUASI-PUBLIC (PF) ZONING DISTRICT APPLIED FOR BY
THE CITY OF ARROYO GRANDE
The motion was approved by the following roll call Grote:
A YES: Commissioners Keen, Barnei h, Chair Brown, Martin & Ruth
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 2 day o November 2010.
III. NON - PUBLIC HEARING ITEMS: None.
111. REFERRAL AL ITEMS FOR COMMISSION ACTI N N TILES OF ADMINISTRATIVE
1. TUP 10 -021
Farm Supply
1079 E1 Camino Real
Farm Supply is hosting a BBQ for all
Approved
Stephanie
costumers on November 17, 2010
Shaffer
from 7:30 am to 6:00 pm.
2. TUP 10-022
St. Patrick's School
900West Branch St.
St. Patrick's is hosting a Christmas
Approved
Darryl
Tree, Wreath & Garland sale, Toys for
Mimic
Tots and 13130 lunch from December
1, 2010 to December 201 0.
. PPR 10-015
Central Coast Salmon
229 Stanley Ave.
Paulding School riparian restoration
Approved
Kelly
Enhancement
and educational trail.
Hefifernon
. TIP 10 -020
Rabobank
1260 E. Grand Ave.
To allow placement of an artificial
Approved
Jim
Christmas tree.
Bergman
5. PPR 10-005
Duke & Lori Sterling
124 Allen St.
Project revised, ARC recommended
Approved
Jinn
approval as
Bergman
The Commission reviewed the Administrative Items and commented on Item No. 5, PPR Case No.
10 -005, 124 Allen Street, with Commissioner Barnei h stating she would like to see a process put
Agenda Item 9.b.
Page 10
PLANNING COMMISSION
MI NUTES
NO 2, 20010
PAGE 3
in place to monitor proposed demolitions s0 that miscommunication would not happen again. She
suggested that all department staff: involved meet at the site at the same time to monitor the
demolition. Commissioner Keen suggested that no fees be waived until everything was in Order.
Director McClish thanked the Commission for their suggestions and stated that staff was working
o n a procedure to require any demolition activities be conditioned s as to prevent
miscommunication. The Commission had no further concerns on the Administrative Items.
V . DISCUSSION ITEMS; Done.
111, PLANNING ING C MMISSION ITEMS AND COMMENTS: None.
1111. COMMUNITY DEVELOPMENT DIRECTOR COMMENTS AND F LL 11 -UP, - . None.
Hill. ADJOURNMENT:
On motion by Commissioner Keen, seconded by Chair B rown and unanimously carried, the
meeting adjourned at 6:20 p.m.
►�1kAd6
L N F EAF D N -SMITH for TIM BROWN, CHAIR
DEBBIE WEIDHINGER
SECRETARY TO THE COMMISSION
As TO CONTENT:
TER ESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR
Approved at the meeting)
Agenda Item 9.b.
Page 11
ATTA H M E I T 2
CITY OF
INITIAL STUDY/
.. . ......... ..
VN%-2 11
NEGATIVE DECLARATION
L i t #
_ i � 1 1°k ,
Agenda Item 9.b.
Page 12
Agenda Item 9.b.
Page 13
INITIAL STUDY NEGATIVE DECLARATION October 2010
DA 104005
Project: Development Code Amendment 10 -005
Lead Agency: City of Arroyo Grande
Document Availability:
City of Arroyo Grande
Community Development Department
14 East Branch Street
Arroyo Grande, CA 93420
http
Project Description:
The proposed project would amend Development Code Section 1.44.040 regarding allowed uses In the
Public/Quasi-Public (PI` ) zoning district. Specifically, it would revise Table 16-44.040-A to allow
professional office and retail uses in leased public buildings with approval of a Minor Use Permit (MUP).
Summary Document Preparation:
Pursuant to Section 21082:1 of the California Environmental Quality Act,, the City of Arroyo Grande (the
City) has independently reviewed and analyzed the Initial Study and Negative Declaration for the
proposed project and finds that these doc u ments reflect the independent judgment of the City.
Teresa c lisp, AI P
Community Development Director
Ryan Foster
Associate Planner
(0
Date
zz ^ Jo
Date
Page 3 of
Agenda Item 9.b.
Page 14
INITIAL STUDY NEGATIVE ATIME DE LARATION October 2011
DA 1D -O
Table of Contents
Introduction dada. rsddard*** ., +.r........ +......r..■a.&a. 04 a aria■. t a rda a a a as t0t a t d a d as 0 a drr0■.■■ rrda0000rrrraad0■■ ■a..r char. d a d a d. r rd d dr.ad, *P........
Introduction and Regulatory Gu idance ........... ra&......... r. t . ■.t & .......................... tart.tt. ................•..............
V .
LeadAgency ........................+..•.+ r... t.. t...................rras r+...... ............................... iii........ ................ir•itr•titr #tt•
Purpose and Document Organ . rat. i.+ r.. a....... t .. ............................... trait+&& t. r..... r. ...............................
Summaryof Findin . ■.......... add.... t....... 0..•.. r.• ....................•...■.. a... ......t......•................. 0 ......................rr0 rad r■
ProjectDescri ... r..rta.r..t....ttt.tt.....rr.......t...t....aa..t.......■.t.t.t.t..ttratta.t.a..tt.a.....tttt.t.trt. r .....0.■....rard.0..r.•.• +...•.
Introduction ............................................. P ....... P ............ 0.0 ....................... rids........ 0.....................................
Location raadd... d. d......aa...... r .............&......... r............... 0........... ............................... iii.. s d.............................■
Background and Need for Project ■ r . ............................... stir drat &... tar........................ 8
ProjectDescription ... ..• ............................ tat. t&rtat......tr. r. r.........,...............•...aardddd........ ............................... V
Other Requir Public Agency Approvals ...........................
Related Projects ...... m ...... + astir attar &iri+ri rtrti rri.rirsr ram am a as a a a am a a 0 a 0 a a a& add a a 0 rata&. attar& + *r *.rt..*f.a.aaaarir.r as i.ssit as M Mad s 1& 0 a a@ am M as
Environmental Checklist.. .... m.--mm ... t.■■ ................. ...............■ra...........ra ra rata #sa tattatsritt++at■
ProjectInformation ■....■.... +.....0......0.. +00.........0.... ass. d. s...■.ddd.■ d.draa..r0drrrrarrdd00rdrattaa.tttatt .. ...............................
Environmental F a c r Potentially Affected .t t. t. t r+ t t t.& r t ...... r ........ d d .... r ..... d d• r r d r r. d d r r t d s.• a t t t r r 1
Determination r...... r ....................&.. r....•..+ ............................... add■tatta0dt artt■...... ............................... 1
E valuation of E nvironmental Impacts ................... ............. rd. 0..0addrrdddd.dar00ttat.ttat0 a&.... ....0.•........................ 11
Environmental Issues ....... ............... &.....dad....... d............. ............................... t.......... ............................... 1-2
I ■ Aesthetics r...&trtt............ at..t.tt. a.ttart.t. r.ta.■ r.tt..tt at..rtr.•... t...• ..... ..............................■ tart ............................... 12
Il■ A ricu[ture and Forestr Resources .... ............................... rat. t&........... r........ d....... ............................... 1
Ill Air Quality ..• ...... ......................6.4...... ...... r• ............... +0.0rd.dd 0000.0000 d d d a 000 a a.rra.•....•.......■. 0 a a.. a. 0 a sr a a a 013
IV. Biological t.. art #rt.rr.. tirtirr..ritta tr. rirr.. a. ........ *.. *0..0.0aaa0aar000rra rrraa00t0trtttt0attrrrt .t... *.. a.a0rsaar0asy r0000rt0■ 1
V. Cultural Resources ...•..•...........
. ........ +..... +.... +....... + +.d r..0000.ddrddrrrdrrr0 rrdadararat .•0a &.r.. & +......... +. r.. rd d. &00..00 tdadatrd J
Vi Geology and oils ■ a+dta d ..............................• star......+.............. ............................... atria .....a&...............a.... 1
11. Greenhouse a E missions ...................................... ............................... rarer...... ............................... 1
VIII Haza and Hazar Materials a........... 0 . ............................... tart.......r..&&........ ............................... 1
IX Hydrology and Water Quality .....................tat &art .. a r ............................ •• .................. & r ........................... 18
X . Land Use and Planning 0 adrdd.r r0......d.+aaaadr0000.r d.dr.r dad.+ ........................................... d. dd ............................... 1
SCI Mineral Resources .....+. 0 ................................. 0....... ............................... art......... ...........rrddr ■a■t.....0..... ►. 1
X11 Noise d.. dad..r... aa....rr..... dr.... d... r.. d.rr. ar . ............................... tat. t. r...r ta............................. afar &r. +.....0a...•.d.a +d
} III. Population and Housing si ng.......d. add ddd ...........................• tat .+aa+t►.at&ta.r.r +.r +.. *. #.sd #daa0aadidat #aria. +r........a0 rt..da ad a0 2
XI■ Public Services .......... ............. 21
X a Recre ............. ................................................... ....... m tat+trt.. a. r... ........a......0d00............ 1
Page 4 of 2
Agenda Item 9.b.
Page 15
INITIAL STUDY NEGATIVE DECLARATION
October 2010
DA 10 -005
XI■ Transportation/Traffic ...................................................................................... ............•............■•....
XVIL Utilities and Service Systems ■ .......................................................................... ...............................
Mandatory Findings o■ Significance ............................................................................. ............................... 2
References......... .......................... a............ ................ a.. a............................................... ............................... i
Do & Maps ■ ..................................■•............•............■.............■........■.....•....■ ...............................
Page 5 of 25
Agenda Item 9.b.
Page 16
INITIAL STUDY NEGATIVE DECLARATION October 2010
DOA 10 -00
Introduction
Introduction and Regulatory Guidance
The Initial Study/ Negative Declaration (IS/MND) has been prepared by the City of Arroyo Grande (the
City) to evaluate the potential environmental effects of the proposed project. This document has been
prepared in accordance with the California Environmental Quality Act (CEQA), Public Resources ource Code
§21000 et seq., and the State CEQA Guidelines, California Code of Regulations ( ) §15000 et seq.
Are Initial Study is conducted by a lead agency to determine if a project may have a significant effect on
the environment [CEQA Guidelines §15063(a)]. If there is substantial evidence that a project may have a
significant effect on the environment, an Environmental Impact Report (EIR) must be prepared, in
accordance with CEQA Guidelines §15064(a). However, if the lead agency determines that revisions in
the project plans or proposals made by or agreed to by the applicant mitigate the potentially significant
effects to a less -than- significant level, a Mitigated Negative Declaration may be prepared instead of an
EIR [CEQA Guidelines § 15070(b)]. The lead agency prepares a written statement describing the reasons
a . proposed project would not have a significant effect on the environment and, therefore, why an EIR
need not be prepared. This IS 1D conforms to the content requirements under CEQA Guidelines
15071.
Lead Agency
The lead agency is the public agency with primary approval a over the proposed project. In
accordance with CEQA Guidelines §15051(b)(1), "the lead. agency will normally be an agency with
general governmental powers, such as a city or county, rather than an agency with a single or lim ited
purpose." The lead agency for the proposed project is the City of Arroyo Grande. The contact person for
the lead agency is:
Ryan Foster, Associate Planner
City of Arroyo Grande
Arroyo Grande, CA 93420
(805) 473 -5420
Purpose and Document Orgapization
The purpose of this document is to evaluate the potential environmental effects of the proposed
project.
This document is organized as follows:
0 Introduction
This chapter provides an introduction to the project and describes the purpose and organization
of this document.
• Project Description
This chapter describes the reasons for the project, scope of the project, and project objectives.
0 Environmental Setting, Potential Impacts and Mitigation Measures
Page 5 of 25
Agenda Item 9.b.
Page 17
INITIAL STUDY NEGATIVE DECLARATION October 2010
DA 10 -005
This chapter identifies the significance of potential environmental impacts, explains the
environmental setting for each environmental issue, and evaluates the potential impacts
identified in the CEQA Environmental (initial Study) Checklist. Mitigation measures are
incorporated, where appropriate, to reduce potentially significant impacts to a less-than-
significant lev 1.
Mandatory Findings of Significance
This chapter identifies and summarizes the overall significance of any potential impacts to
natural and cultural resources, cumulative impacts, and impact to humans, as identified in the
Initial Study.
References
This chapter identifies the references and sources used in the preparation of this iS ND. it also
provides a list of those 1nvoIved in the preparation of this document.
Summar of Findin
Section 3 of this document contains the Environmental (Initial Studer) Checklist that identifies the
p t ntia I e nvi ro nrnentaI irn pacts (by en i ro nmentaI issue) and a brief discussion of each irnpact resulting
from implementation of the proposed project.
In accordance §15064(f) of the CEQA Guidelines, a Negative Declaration -shall be prepared if the
proposed project will not have a significant effect on the environment. Based on the available project
information and the environmental analysis presented in this document, there is no substantial
evidence that the proposed project would have a significant effect On the environment. it is proposed
that a Negative Declaration be adopted in accordance with the CEQA Guidelines.
Page 7 of
Agenda Item 9.b.
Page 18
INITIAL STUDY NEGATIVE DE LAR TION Octo ber2010
DCA 1D -005
Project Description
Introduction
This Initial Study/ Negative Declaration (IS/ND) has been prepared by the City of Arroyo. Grande (thee
City) to evaluate the potential e nvi ro nrnentaI effects of the proposed project.
Location
The proposed project would affect all Public/Quasi-Public (PF) zoned properties within the City of Arroyo
Grande.
Background ground ►rid Need for Project
The City of Arroyo Grande owns several properties within the Public/Quasi-Public (PF) zoning district
throughout the City. Rather than sell o rez 'ne these properties when they become surplus to due to
consolidation /relocation of rvice .. the City wishes to lease them long-term, possibly to anon- public
entities.
Project Description
The proposed project would amend Development Code Section 16.44.040 regarding allowed uses in the
Public /Quasi- Public (PF) zoning district. Specifically, it would reprise Table 16.44.040 -A to allow
professional office and retail uses in leased public buildings with approval of a Minor Use Permit (MUP).
Other required Public Agency Approvals
No other public agency approvals are required for the proposed project.
Related Projects
None.
Page 8 of
Agenda Item 9.b.
Page 19
INITIAL STUDY NEGATIVE DECLARATION
DCA 10 -00
October 2010
Environmental Checklist
Project Information
Project Title:
Lead Agency Name & Address:
Contact Person &Telephone Number:
Project Location:
Project Sponsor Name & Address:
General Plan Designation:
Development Code Amendment 10-005
City of Arroyo Grande
214 East Brach Street
Arroyo Grande.. CA 93420
Ryan Foster,, Associate Planner
(805) 473 -5420
Citywide
City of Arroyo Grande
214 East Branch Street
Arroyo Grande.. CA 93420
Community Facilities F
Zoning: Public/Quasi-Public (PF
Description of Project: Refer to page
Surrounding Land Cases & Setting: Varies
Approval Required from Other Public Agencies: None
Page 9 of 25
Agenda Item 9.b.
Page 20
INITIAL STUDY NEGATIVE DECLARATION
DCA to -005
October 2010
Environmental Factors Potentially Affected
The environmental factors c hecked below would be potentially affected by this project, involving at
least one impact that is a "Potentially Significant Impact", as indicated by the checklist on the following
pages:
n Aesthetics
[] Biological Resources
[] Greenhouse Gas Emissions
E] Land Use /Planning
E] Population /Housing
Transportation Traffic
[] Agricultural Resources
El Cultural Resources
[:] Hazards & Hazardous Materials
E] M ineral Resources
[J Public Se rvi es
[] Utilities/Service systems
D Air Quality
0 Geology /soils
[J -HydroIogy water Quality
Noise
Recreation
E] Mandatory Findings of significance
D etermination
O n the basis of this initial evaluation:
1 find that the proposed project COULD NOT h ave a sign ificant effect on the environment and
NEGATIVE DECLARATION will be prepared.
I find that, although the original scope of the proposed project COULD have -head a significant
effect on the environment, there WILL NOT be a significant effect because revisions / mitig a tions
to the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE
DECLARATION will be. prepared.
1 find that the proposed project MAY I have a significant effect on the environment and an
ENVIRONMEI TAL IMPACT REPORT or its functional equivalent will be prepared.
❑ I find that the proposed project MAY have a "potentially significant impact" or "paternally
significant unless mitigate impact" on the environment. However, at least one impact has
been adequately analyzed in an earlier document, pursuant to applicable legal standards, and
has been addressed by mitigation measrs based on the earlier analysis, as described in the
report's attachments. An ENVIRONMENTAL TAL IMPACT REPORT is required, but it must analyze
only the impacts not sufficiently addressed in previous documents.
I - find that, although the proposed project could have had a significant effect on the
environment, because all potentially significant effects Piave been adequately analyzed ire are
earlier E1R or Negative Declaration, pursuant to applicable standards, and have been avoide - d or
mitigated, pursuant t an earlier EIR, including revisions or mitigation measures that are
imposed upon the proposed project, all impacts have been avoided or mitigated to a less-than-
s ignificant level and no further action is required.
s r•� y.
Ryan Fost
Associate Planner
Date
Page 10 of 25
Agenda Item 9.b.
Page 21
INITIAL STUDY NEGATIVE DECLARATION October 2010
DCA 10 -005
Evaluation of Environmental Impacts
1. A brief explanation is required for all answers, except "No Impact ", that are adequately
supported by the information sources cited. A "No Impact" answer Is adequately supported if
the referenced information sources show that the impact does not apply to the project being
evaluated (e.g., the prof ct falls outside a fault rapture ione). A "No Impact" answer should be
explained where it 'is based on general or project - specific factors (e. the project will not
expose sensitive receptors to pollutants, based on a project - specific screening analysis).
2. All answers must consider the whole of the project - related effects, both direct and 'indirect,
inc Iuding off -site, cumulative, construction, and operational impacts.
3. Once the lead agency has determined that a particular physical Impact may occur, the checklist
answers must indicate whether that Impact is potentially significant, less than i g nificant with
mitigation, or less than significant. "Potentially Significant Impact" is appropriate when there is
sufficient evidence that a substantial or potentially substantial adverse change may occur in any
of the physical conditions within the area affected by the project that cannot be mitigated
below a level of significance. If there are one or more "Potentially Significant Impact" entries, an
Environmental impact Report EIR is required.
4. A "Mitigated Negative Declaration" (Negative Declaration: Less Than Significant with Mitigation
Incorporated) applies where the incorporation of mitigation measures, prior t declaration of
project approval, has reduced an effect from 'Potentially Significant Impact" to a "Less Than
Significant Impact with Mitigation." The lead agency must describe the mitigation measures and
briefly explain how they reduce the effect to a less than significant level.
S Earlier analyses may - be used where, pursuant to the tiering.. program Elie or other CEQA
process, an effect has been adequately analyzed in are earlier EIR (including a G enerakl Plan) or
Negative Declaration [CCR, Guidelines for the Implementation of CEQA.. § 15063 {c)( fj.
References to an earlier analysi should:
a) Identify the earlier analysis and state where it is available for review.
b Indicate which effects from the environmental checklist were adequately analyzed in the
earlier document, pursuant to applicable legal standards, a n'd whther these effects were
adequately addressed by mitigation measures included in that'analysis.
) Describe the mitigation measures ire this document that were incorporated air refined from
the earlier document and Indicate to chat extent they address site - specific conditions for
.this project.
6. Lead agencies are encouraged to incorporate references to information sources for potential
impacts Into the checklist or appendix e.g., general plans, zoning ordinan es, biological
assessments). Reference to a previously prepared or outside document should include an
'indication of the page or pages where the statement is substantiated.
7. A source list should be appended to this document. Sources used or individuals contacted
should be listed in the source list and cited in the discussion.
8. Explanation(s) of each issue should identify:
a) the criteria or threshold, If any, used to evaluate the significance of the impact addressed by
each question and
b the mitigation measures, if any, prescribed to reduce the impact beioW the level of
significance.
Page 11 of 25
Agenda Item 9.b.
Page 22
INITIAL STUDY NE ATIVE DECLARATION
. D A 10 -005
October 0100
Environmental Issues
I. Aesthetics
Environmental Setting
The project applies to all existing public buildings in the Public/Quasi-Public (PF ) zoning district
throughout the City of Arroyo Grande.
Potentially
Less Than
significant
Less Than
Significant
!
Significant No Impact
Impact
Would ld the project:
itigation
Impact
a Have a substantial adverse affect on a scenic Arista? El
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b Substantially damage scenic resources, including,
but not limited to, trees, rock oUtcroppings, and ❑
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historic buildings within a state scenic highwa
Substantially degrade the existing visual character or
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quality of the site and its surroundings.
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime views in ❑
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❑ ED
the area?
Discussion
a -b, d: No impacts.
c: New signago could potentially affect the visual character or duality
of a site or its surroundings;
however, the application of existing sign regulations will ensure that
the visual character or quality of a
site or its surroundings will not be substantially degraded.
11. Agriculture and Forestry Resources
Environmental Setting
The project does not impact any agricultural lard.
Page 12 of 25
Agenda Item 9.b.
Page 23
INITIAL STU DY NEGATIVE DECLARATION October 2010
DA 10 -D0
* In determining w hether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the
California Agricultural Lard Evaluation and Site Assessment Model (1991), prepared by the California Department of
C onservation as an optional model for use in assessing impacts are agricultural and farmland.
Discussion
a -e: N impacts.
111. Air Quality
Environmental Setting
San Luis Obispo County is in non-attainment status for ozone 3 , respireable particulate matter ( M10)
and vinyl chloride under the California Air Resource Board (CARE) standards. The County is in
attainment status for all other applicable C ARB standards.
Potentially Less Than Less Than
significant
Less Than
Significant significant No Impact
wlt#�
Would the pro)ect:
Impact Impact
Mitigation
a ) C onvert P rime Farm Unique Farm or
Significant N Impact
Farmland of Statewide Importance (Farm as
shown on the maps prepared pursuant to the
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Farmland Mapping and Monitoring Program of the
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California Resources Agency, to non - agricultural use?
❑ �
b) Conflict with existing zoning for agricultural use or a
Williamson Act contract?
El El El �
c Conflict with existing zoning for, or cause rezoning
of, forest l and (as defined in Public Resources Code
section 12220)g)), timberland (as defined by P ubli c
❑
Resources Code section 4S26) or timberland z
zo ned
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Timberland Production (as defined by overnment
Code section 114g?
d Result in the loss of for land or conversion of
forest land to non - forest use?
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e) Involve other changes in the existing environment
which, dine to their location or nature, could result in
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conversion of Farmland to non - agricultural use?
* In determining w hether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the
California Agricultural Lard Evaluation and Site Assessment Model (1991), prepared by the California Department of
C onservation as an optional model for use in assessing impacts are agricultural and farmland.
Discussion
a -e: N impacts.
111. Air Quality
Environmental Setting
San Luis Obispo County is in non-attainment status for ozone 3 , respireable particulate matter ( M10)
and vinyl chloride under the California Air Resource Board (CARE) standards. The County is in
attainment status for all other applicable C ARB standards.
Page 13 of 25
Agenda Item 9.b.
Page 24
Potentially
Less Than
L ess Than
S! 9 n cant
Signifi
with ith
Significant N Impact
Would the project.
Mitigation
Impact
a ) Conflict wi or obstruct impl of the
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appl a r quality p
b Violate any air quality standard or contribute
substantially to are existing or projected air quality
❑
vio
Page 13 of 25
Agenda Item 9.b.
Page 24
INITIAL STUDY NEGATIVE ATIVE DE LARATI I October 201
CA 1. -005
Result in a cumulatively considerable net increase of
any criteria pollutant for which. the project region is in
non - attainment under an applicable federal or state
ambient air duality standard (including releasing
emissions which exceed quantitative thresholds for
ozone precursors)?
d Expose sensitive receptors to substantial pollutant
concentrations.
e Create objectionable odors affecting a substantial M El
number of people.
*
Where available, the significance criteria established by the applicable air quality management or air pollution control district
may be relied on to make these determinations.
Discussion
a: No impacts.
b -e: Office professional and retail uses have substantially the same impacts as the public uses currently
aIlowed in the Public / uasi- Public. (P F) zoning district; they are not anticipated to in rease impacts to air
quality.
IV, Biological Resources
Environmental Setting
The project applies to developed properties within the Public/Quasi-Public zoning district.
Would the project:
a) Have a substantial adverse effect, either directly or
through habitat mock €fication, on any species identified
as a sensitive, candidate, or special status' species in
local or regional plans, policies, o r regulations, or by
the California Department of Fishy and Carne or the
U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community identified
in local or regional plans, policies, or regulations, or by
the California Department of Fish and Game or the
U.S. Fish and Wildlife Service?
e Have a substantial adverse effect on federally
protected wetlands, as defined by §404 of the Clear
Water Act (including, but net limited to, marsh, vernal
pool, coastal, etc.) through direct removal, filling,
hydrological interruption, or other means?
Potntia ## L Than - Less Than
Significant Significant Less
Impact
Impact wrth - impact
Mitigation
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Page 14 of 2
Agenda Item 9.b.
Page 25
INITIAL STUDY NEGATIVE DECLARATION October 2010
DCA 1 -005
d Interfere substantially with the movement of any
native resident or migratory fish or wildlife species or
with established native resident or migratory wildlife Cl M
corridors, or impede the use of native wildlife nursery
sites?
Conflict with any local policies or ordinances
protecting biological resources, such as a tree [] O
preservation policy or ordinance?
f Conflict with the provisions of an adopted Habitat
Conservation Plan, lateral Community Conservation
roved local re gional, or state ha � El Plan, or other a
p�
conservation plan?
Discussion
a -f: No impacts.
V . Cultural Resources
Environmental Setting.
The project applies to developed properties within the Public /Quasi - Public zoning district.
I. Geology and Soils
Environmental setting
The project applies to developed properties within the Public /Quasi- Public zoning district.
Page 15 of
Agenda Item 9.b.
Page 26
Potentially
Less Th an
Sig nifi c ant
less Th an
Signifi
h
�� �
significant
No Imp
the project:
. I
Mitigat
I
Impa
ar Cause a substantial adverse change in the
significance of a historical resource, as defined in
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§15064.5?
b) Cause a substantial adverse change in - the
significance of an archaeologica resource, pursuant to
§15064.5?
c Disturb any human remains, including those interred
outsi of formal cemeteries?
El.
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Discussion
ion
a -c: No impacts.
I. Geology and Soils
Environmental setting
The project applies to developed properties within the Public /Quasi- Public zoning district.
Page 15 of
Agenda Item 9.b.
Page 26
}
INITIAL. STUDY NEGATIVE DECLAMATION October 2019
D A 1D -00S
No Impact
[ rhl.
1 000
041
L ess Than
Potentially Less Than Less Than
Signifi
Significant
Significant Significant
with
Would the project:
Impact Impact
Mitigation
a Expose people or structures to potential substantial
Im pact
adverse effects, including the risk of loss, injury, or
❑
death involving:
0. 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 o other
� � ❑
substantial evidence of a known fault? l f
{ erto
Division of M ines an Geology Special Publication
2.)
II) St seismic ground h
iii) Seismic-related ground failure, including
liquefaction?
i) Landslides?
b) Result in substantial soil erosion or the loss of
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topsoil?
c) Be located o n a geologic unit or soil that is unstable,
or that would become unstable, as a result of the.
project and potentially. result in ors -or off -site
❑ ❑
landslide, lat era l sprea subsidence, liquefac
or co
d) B located on expansive soil, defi in Ta 18-
1-B of the Uniform Building Code (1994 ), creating
❑ ❑ �
substantial risks to life or property?
e) Have soils i ncapa ble of adequately supporting the
use of septic tanks or alternative waste disposal
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r av f
systems, w h ere s ewer s e not f o r the
dis of waste Wat er?
Discussion
a -. N impacts.
IL Greenhouse Gas Emissions
Environmental Setting
The project applies to developed properties within th e Pu blic ua i- Public zoning district.
No Impact
[ rhl.
1 000
041
L ess Than
Potentially
Significant
S
Wou the project:
Impact
a) Generate greenhouse gas em i ssions, either d
Im pact
or Indirectly, th may have a significant effect on the
❑
environment?
No Impact
[ rhl.
1 000
041
L ess Than
Less Than
Significant
S ignificant No Impact
w ith
Mi
Im pact
❑
0 ❑
Page 16 of 25
Agenda Item 9.b.
Page 27
INITIAL STUDY NEGATIVE DECLARATION October 2010
DA 10 -005
b Conflict with an applicable plan, policy or regulation
adopted for the purpose of reducing the emissions of ❑ El M Ei
greenhouse gases?
Discussion
a-b: Office professional and retail uses have s ubstantiaily the same impacts as the public uses currently
allowed in the Public/Quasi-Public (PF) zoning district; they are not anticipated to increase impacts to
greenhouse gas H) emissions.
VIII Hazards and Hazardous Materials
Environmental l Setting
The project appil sto d eve loped properties within the Public uasi- Public zoning district.
Na Impact
Page 17 of 2
Agenda Item 9.b.
Page 28
Potentially Less Than Less Than
Significant Significant
ficant
with
Would the project.
Impact Impact
Mitigation
a Create a significant hazard to -the public or the
environment through the routine transport, use, or
E E Cl
disposal of hazardous material
b Create a significant hazard to the public or the
environment thrciugh rea on' ably foreseeable upset
and/or accident conditions involving the release of
❑
hazardous materials, substances, or waste into the
environment?...
c Emit hazardous emissions or handle, hazardous or
acutely hazardous- materials' substances.. or waste
W one-quarter roil of an axi §tin
q g or proposed
school?
d) Be - located - on a site which - is included on a list of
hazardous materials sites, compiled pursuant to
El El El
Government Code 65962.E and as a result create
significant hazard to the public or environment?
e) Be 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? If so, would the
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project result in a safety hazard for people residing or
working in the project area
f Be located in the vicinity of a private airstrip? If so,
Would the project result in a safety hazard for people
E
residing or working in the project area?
g Impair implementation of or physically interfere
with an adopted emergency response plan or
❑ El ❑
emergency evacuation plan?
h) Expose people or structures to a significant risk of
loss, Injury, or death from wildland fires, Including
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areas where wildlands are adjacent to urbanized areas
or where residences are intermixed with wildlands?
Na Impact
Page 17 of 2
Agenda Item 9.b.
Page 28
INITIAL STUDY NEGATIVE DECLARATION
ED
October 2010
DA 10;005
El
Discussion
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a -h. No impacts.
E]
M
IX Hydrology and water Quality
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Environmental Setting
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The project applies to developed properties within the Public /Quasi - Public zoning district.
Potentially
Less Than
Significant
Less Than
Significant
With
significant No Impact
Would the project:
Impact
Mitigation
Impact
a Violate any water quality standards or waste
ishar P r uirerent
b Substantially deplete groundwater supplies or
interfere substantially with groundwater recharge,
such that there would be a net deficit in aquifer
VoIu. me or a - lowering of the local groundwarter table
level e.g., the production rate o f pre-existing nearby
galls would drop to a' level that would not support
existing land uses - or planned uses for which permits
have been granted)?
Substantially alter the existing drainage pattern of
the site or area, including. through alteration of the
course of a stream or river, in a manner which would
result in substantial on- or off -site erosion or siltation?
d ) Substantially alter the existing drainage pattern of
the site or area, including through alteration of the
course of a stream or river, or substantially increase
the rate or amount nt of surface runoff in a manner
which would result -in on- or off -site flooding?
e) Create or contribute runoff water which would
exceed the capacity of existing or planned storrnwater
drainage systems or provide substantial additional
sources of polluted runoff
f) Substantially degrade water quality?
g) Place housing within a 10-year flood hazard area,
as upped on a federal Flood Hazard Boundary or
Flood Insurance Rate Map, or other flood hazard
delineation map?.
h) Place structures that would impede or redirect flood
flows within a 100-year flood hazard area?
i) Expose people or structures to ar significant risk of
loss, injury.. or d.eath from flooding, including flooding
resulting from the failure of a levee or darn?
j) Result in inundation by seiche, tsunami, or mudflow?
Discussion
a-j: No impacts.
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Page 18 of 2
Agenda Item 9.b.
Page 29
INITIAL STUDY NEGATIVE DECLARATION October 2010
DA 10 -o0S
X. L Use and Plannin
EnvironmenW setting
The project applies to developed pro perti s within the Publi uaNsi- Public zoning
district.
Potentially
Leis Than
Significant
Less Than
Significant
with
Signifi
No Impact
Would the project:
Impact
Mitigation
Impact
a) Physica d an established community?
❑
�]
❑
�
b Conflict with the applicable land use plan, po licy, or
regulation of any agency with Jurisdiction over the
project (including, but not limited t, a general plan,
s p ecific Ian loca coastal p rogra m , r
� � � � non
El
ordinance) adapted for the purpose of avoiding or
mitigating an environmental effect?
c Conflict with any applicable habitat conservation
p lan or natural c ommunity conservation plan?
El
Discussion
a, c: No im pacts.
Xt. Mineral Resources
E nvironmental Se tti n g
The project a pplies t developed properties wi thin the Pu ua si -
Pu zo ning di tr t.
Potentially
Less Than
Ig t
Less Than
Significant
VIlitl
Significant
o Impact
I�UId t�'# ra'ect`
Impact
Impact
pact
V - flll�t�at�on
a) Result in the less of availability of a known mineral
resource that is or would be of value to the region and ❑ ❑ ❑
the residents of the state?
b result in 'the loss of availability of a locally
important mineral resource recovery site delineated
on a local eneral Ian specific plan, r :
p f 1� P , o o ther land use .
plan?
Discussion
a -b: No impact
X11. Noise
Environmental Setting
The project applies to developed properties within the Public /Quasi - Public zoning district.
064-1
041
Page 19 of 25
Agenda Item 9.b.
Page 30
INITIAL STUDY NEGATIVE DECLARATION October 2010
CA 10 - 005
d -f: N o Im pacts.
X111. Population and Housing
Environmental Setting
The project applies to developed properties within the Public/Quasi-Public zoning district.
Potentially L Tian Less Than
Significant
Le T
Significant
Significant Significant No Impact
with
Would the project:
Impact impact
Mitigation
a Generate or expose people to noise levels in e xcess
Significant No Impact
of standards established in - a focal general plan or
Impact
noise ordinance, or in other applicable local, state, or
Impact
federal standards?
b Generate or expose people to excessive
El
groundborne vibrations or groundborne noise levels?
c Create a s ubstantial permanent increase in ambient
noise levels in the vicinity o f the project (above levels
❑ ❑ �
without the project)?
d) Create a substantial temporary or periodic increase
in ambient noise levels in the vicinity of the project, in
❑ El El F]
excess of noise levels existing without the project?
e) Be located withint are- airport land use plan or, where
such a plan has not been adopted, within two miles of
❑
a public airport or public u airport? if so, would the
❑ ❑ ❑ �
project expose people residing or wring in the
project area to excessive noise levels?
f) Be in the vicinity of a private airstrip? If so, would
the project eppe people residing or working in the
1:1 El ❑
project area to excessive noise levels?
Discussion
a - c: office professional and ret uses have su
the same impacts as -tine public uses currently
allowed in the Public/Quasi-public (PF) zoning district;
they are not anticipated to increase impacts to
noise.
d -f: N o Im pacts.
X111. Population and Housing
Environmental Setting
The project applies to developed properties within the Public/Quasi-Public zoning district.
Page 20 of 25
Agenda Item 9.b.
Page 31
Potentially
Le T
Significant
Less Than
Significant
with
Significant No Impact
Would the project:
Impact
Mitigation
Impact
a) Induce substantial population growth in an area,
either directly (for example, by proposing new home
and businesses) or indirectly (for example, through
e xte rn ion of roads or other inf ra stru cture)
b Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
❑
❑
❑
e lsewhere?
Page 20 of 25
Agenda Item 9.b.
Page 31
INITIAL STU DY N EGATIVE D ECLARATIO N October 2010
DA 1D -005
c Displace substantial numbers of people,
necessitating the construction of replacement housing ❑ ❑ ❑ �
elsewhere?
Discussion
a -c: No impacts.
XIv. Public Services
E nvi ronm ental Se ttin g
The project applies to developed properties within the Public /Quasi - Public zoning district.
References.- 10. 4
Xv. Recreation
Environmental Setting
The project applies to developed properties within the Public /Quasi - Public zoning district.
Would the project:
a 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
Potentially Ls Than Le �'han
Significant
S ignifi c ant Significant No Impact
Impact Mitigation Impact
0 0 1:1 0
Page 21 of 25
Agenda Item 9.b.
Page 32
Potentially
Less Than
Significant
Less Than
Significant
with
Significant
No Impact
Would the project;
Impact
Mitigation
Impact
a Result in si environmental. impacts -from
construction aN sociated with the provision of new or
physically altered governmental facilities, or the need
for new or physically altered governmental facilities, to
El
❑
0
maintain acceptable serv ratios, response times, or
other performance objectives for any of the public
s ervices:
Fire protection?
❑
❑
❑
Police protection:
❑
❑
❑
Schools?
El
❑
❑
Parks?
❑
❑
❑
Other public facilities?
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❑
Discussion
a: Although the project will allow the non - public use of public buildings,
it will apply to surplus public
property and therefore not impact public services.
References.- 10. 4
Xv. Recreation
Environmental Setting
The project applies to developed properties within the Public /Quasi - Public zoning district.
Would the project:
a 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
Potentially Ls Than Le �'han
Significant
S ignifi c ant Significant No Impact
Impact Mitigation Impact
0 0 1:1 0
Page 21 of 25
Agenda Item 9.b.
Page 32
INITIAL STUDY NEGATIVE DECLARATION October 2010
DA 10 -005
b) include recreational facilities or require the
construction or expansion of recreational facilities that El El El H
might have an adverse physical effect on the
environment?
Discussion
a - N o impacts.
X 1. Transportation/Tra
Environmental Setting .
The project applies to developed properties within the Public/Quasi-Public zoning district.
-
Potentia
L Than
�gn�fi
less Than .
Sig nificant
with h
Signifi
No Imp
-
Would t he project:
Impact
Mitigation
Impact
Cause a substantial increase in traffic.. in relation to
exist traffic and the ca of the street sys
(i.e., a substantia increase in e ither the number of
❑
El
H
El
vehi trips, the vo lume to. capacity ratio on roa ds, or
cong at intersec
b Exceed, individually or cumul tiv ly, the level of
service standards etabfi'sbed by the county congestion
El
management ent agency for - designated roads or
highways?
c Cause a change in air traffic patterns, including
either an increase in traffic levels or a change= in
El
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location, that results I n substantial safety r
d) Contain a desi feature e.g., sharp curves or a
d ang erous intersection) or incom patible uses e. g.,
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0
farm equipment) that would substantially i ncrease
hazards?
e Result in inadequate emergency access?
❑
❑
fl Resu in Inadequate parking capacity?
El
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g) Conflict, wi ado pte d policies, plans, or programs
supporting a lternative tr ansportation ( bus
❑
t urnouts, bicycle rac ks)?
Discussion
a -b: office professional and retail uses have substantially
the same impacts as
the public uses currently
allowed in the Public /Quasi - Public (PF) zoning district;
they are not anti
to increase
impacts to
traffic.
c -g: No impacts.
XVIL utilities and service systems
Environmental Setting
The project applies to developed properties within the Public/Qua zoning district.
Page 22 of 25
Agenda Item 9.b.
Page 33
INITIAL STUDY NEGATIVE DECLARATION October 2010
DCA 1 -005
Page 23 of 25
Agenda Item 9.b.
Page 34
Potentially
Less Than
Significant
Less Than
Significant
w ith
with
Significant
No Impact
Would the project:
Impact
liti
Impact
a) Exceed wastewater ater treatment restrictions or
standards of the applicable Regional Water Quality
E]
El
Q
Control Board?
b Require or result in the construction of new grater
or wastewater treatment facilities or expansion of
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�
❑
exciting facilities?
Would the construction - of these fa ilitie cause
El
s ignificant environmental affects?
c) Require o r result in the construction of new storm
water d ra inage facilities or expansion of existing
facilities?
d Have sufficient water supplies available to serve the
project f rom existing entitle nts' and resources or
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❑
0
are new or expanded entitlerylents needed?
-
e) Result ult in a determination, by the wastewater
treatment provider th at serves or may serve the
project, that it has adequate capacity to -service the
❑
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11
project's anticipated demand, in addition to the
provider's a ci ting commitments?
f B e served by a landfill with sufficient' permitted
capacity to accommodate the project's .solid waste
El
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disposal needs?
g ) Comply with federal, state, and local statutes and
regulations as they relate to solid waste?
E]
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ED
❑
D iscussion
a - g: Office professional an retail uses have su bstantially the same
impacts as the public uses currentl
allowed in the Public/Quasi-Public ( PF) zoning district;
they acre not anticipated to increase impacts to
utilities & service sys ern .
Page 23 of 25
Agenda Item 9.b.
Page 34
INITIAL STUDY NEGATIVE TIVE DE LARATIO
DA 1 -005
Potentially
Less Than
Less Than
Significant
significant
significant
Impact
with
Mitigation
Impact
Mandatory Findings of Significance
Would the project:
a Substantially 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; substantially
reduce the number or restrict the range of an
endangered, rare or threatened species; or eliminate
examples of the major periods of California history or
prehistory?
b) Have the potential to khieve short -term
environmental goals to the disadvantage of long -term
environmental goals?
c) . Have possible environmental effects that are
individually limited but cumulatively considerable?
"'Cumulatively. considerable" means that the
incremental effects of an -individual. project are
significant When viewed in connection With the effects
of past projects, the effects of other current projects,
and the effects of possible future projects.
d) Cause substantial adverse effects on human beings,
either directly or indirectly?
October 2010
No impact
FM
Isk
A-1
Discussion
a, c -d: Because office profession and retail uses have substantially the same impacts as the public uses
currently allowed in the Public /Quasi- Public (PF) zoning district; they are not anticipated to increase any
impacts to a significant level.
b: There are no short- -term environmental goals in the project description that will be achieved to the
disadvantage of long - terra environmental goals.
Page 24 of
Agenda Item 9.b.
Page 35
INITIAL STUDY NEGATIVE ACTIVE DECLARATION
DCA 1D -005
October 2010
References
Documents &-Maps
1. Arroyo Grande General Plan
2. Arroyo Grande Municipal Code
3 Arroyo Grande Zoning Neap
4 Arroyo Grande Exciting Settings sport & Draft Arroyo Grande Liting Settings 1prt (20 10)
5. Arroyo Grande Urban Water Management Plan
6. Arroyo Grande Stormwater Management Plan
7. San Luis Obispo Important Farmland Map (California D partrri nt of Conservation.. 2006)
8. CEQA & Climate Change White Paper (CAPCOA.. 2008)
9. Air Quality Handbook (L APD, 2009)
Page 25 of
Agenda Item 9.b.
Page 36
MEMORANDUM
INCORPORATE rM
JULY 10. 1911
qtIFOft
T: CITY CODICIL
FROM: TER ESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: CONSIDERATION OF AN ENCROACHMENT AGREEMENT EEMENT ET WEEN
THE CITY AND NAT COMMERCIAL L IN CONNECTION WITH THE
"SHOPS AT SHORT STREET" PROJECT
ECT
DATE: NOVEMBER 23, 2010
RECOMMENDATION:
EN ATION
It is recommended the City Council approve an agreement to address indemnification,
insurance and construction issues associated with the reconstruction Of short Street
and offsite sewer improvements associated with the "Shops at Short street" project.
FINANCIAL IMPACT:
In lieu of paying a daily encroachment - fee for the non-exclusive right, privilege
and permission to use the Property, NKT agrees to waive all rent and leasing cost
that were incurred by City after August 31,'2010 in connection with the leasing and
holding Over Of the real property located at 300 E. Branch street "Farm Credit
Building ", arising Out Of the Lease Agreement between City and NIT dated March 19,
2O0.
BACKGROUND:
O February 23, 2010 the City Council adopted Resolution No. 4262 and approved an
Agreement for Purchase and Sale and Improvement (including the creation of two lots,
demolition and construction of the Shops at short street project, [the "project] ) and
subsequently approved minor modifications to the Agreement On April 27, 2010 and
September 14, 2010. On August 24, 2010 the City Council adopted a Resolution
olution
approving the subdivision and final design for the project. O September 28, 2010, the
City Council approved a Temporary Use Permit "TUP" to use the parking area
behind the property and short Street for constru purposes and
implementation Of related safety measures subject to certain conditions Of
approval "C A" , including the requirement to enter into an encroachment agreement to
address indemnification, insurance and construction issues. Building permits have
been issued and construction is underway.
ANALYSIS OF ISSUES:
Reconstruction Of short Street and replacement Of a sewer main in 01ohan Alley will
Occur as part Of the shops at Short Street project (Shops) in Order to reduce the overall
construction timeline and reduce costs.
Agenda Item 10.a.
Page 1
CITY COUNCIL
CONSIDERATION of AN ENCROACHMENT T AG EEMENT BETWEEN THE CITY
AND NIT COMMERCIAL IN CONNECTION WITH THE "SHOPS AT SHORT STREET"
PROJECT
ECT
NOVEMBER 23, 2010
PAGE 2OF3
During consideration of the Temporary Use Permit, the City Council discussed concerns
relating to the length of street closure for Short Street during construction. Therefore,
use of Short Street at that time was only authorized for temporary periods as
determined necessary b y the Community Development Director for public safety
purposes. Staff was directed to return with a more specific schedule of any necessary
closure of Short Street along with recommendations on hoer to minimize the impact on
local businesses.
Following the Council meeting, staff scheduled a meeting with the contractor and invited
all businesses in the pillage. The contractor reviewed the project logistics and
proposed schedule. Feedback was solicited from business owners regarding key
issues. Staff then met with the contractor to review all potential alternatives for
minimizing impacts to the businesses, particularly focusing on ways to reduce the
closure period for Short Street. As a result, the contractor was able to reduce the
projected closure period from eight to sic weeks. This is a conservative estimate, but it
could be lengthened if negatively impacted by wet weather conditions. The construction
schedule was also modified so that Short Street will remain open until after the
Christmas holidays to avoid the busiest shopping period. At that point, either 01ohan
Alley or Short Street will remain open at all times for the duration of the project. There
may be short periods where only one lane of Short Street is open and when 01ohan
Alley will be closed. Staff created an e-mail list of businesses in the pillage core, which
is being used by the contractor to distribute ongoing updates on the construction
schedule.
The City's practice on all capital projects has been to pursue construction practices that
reduce impacts on adjacent businesses. Two differences between this project and
other street related improvements present challenges in further reducing the anticipated
closure period. First, since the street is being realigned, the amount of construction that
will be required would make it difficult to perform the work at night and then return the
street each day to a condition adequate for vehicles. Second, since the street is being
constructed to one lane, there is no way to alternate the work from one side to the other
to allow one travel lane as is done on other street projects.
ALTERNATIVES:
ES:
Staff has worked with the contractor to review all alternatives available to reduce the
Short Street closure, which includes the following that have been identified for Council's
consideration:
1. The first option is to approve the agreement, as recommended.
2. The second option would be to request the contractor to work expanded fours.
This would not enable the road to be open during the day, but it could reduce the
closure period to an estimated 4 1 / creeks. Reducing the schedule by this
Agenda Item 10.a.
Page 2
CITY COUNCIL
CONSIDERATION OF AN ENCROACHMENT AGREEMENT BETWEEN THE CITY
AND NKT COMMERCIAL IN CONNECTION WITH THE "SHOPS AT SHORT T STF EET"
PROJECT
NOVEMBER 23, 2010
PAGE 3F3
amount of time would result in an estimated increase in costs of $30,000 -
$40, 00.
3. The third option would be to request night work, which could decrease the
closure time to as little as two weeks. However, during the increased time the
street would be open, it would be a one lane gravel road. This would create dust
that could spillover to the adjacent paring lot and decrease safety. As a result,
the contractor would require the City to hold the contractor harmless, thus
creating potential liability to the City. Costs would increase by an estimated
$45,000, and the overall length of the project schedule or timeline would
increase, thus risking the potential of not completing the project by strawberry
Festival or initial Centennial activities and lengthening the ultimate impacts on
neighboring businesses.
ADVANTAGES:
Approval of the proposed Agreement would allow for project construction to occur to
conjunction with the Shops project, reducing the overall construction timeline and
impacts by several weeks, reducing the costs of the project and a proactive means to
address construction issues.
DISADVANTAGES:
The construction will still result in some negative impacts to businesses. However, staff
believes that further measures available will not be cost effective given the limited
benefit.
ENVIRONMENTAL REVIEW:
IEW:
This Agreement is a empt from e nvi ro nmen #al review per C. E A section 1 5061 (3).
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, November 18, 2010. The
Agenda and report were posted on the City's website on Friday, November 19, 2010.
No public comments were received.
Agenda Item 10.a.
Page 3
RECORDING REQUESTED
UESTED
BY AND WHEN RECORDED
RETURN 1 To
City Clerk
City of Arroyo Grande
214 East Branch Street
Arrow Grande, CA 03420
FOR F EC DEF 'S USE ONLY
ENCROACHMENT AGREEMENT
{NO RECORDING FEE -- EXEMPT}
This Encroachment Agreement "Agreement" is entered into this day of
November, 2010 by and between the City of Arroyo Grande, a California municipal
corporation ("City") and NKT Holdings, LLC, a California limited liability company
CNKT"). Throughout this Agreement, the City and NIT are referred to individually as
"Panty" and collectively as "Parties."
RECITALS
1. WHEREAS, EAS, City owns, operates and maintains the Olohan Alley Parking
Lot "Parking Lot's) and rights of way located at Olohan Alley and Short Street, Arroyo
Grande, California ("Rights-of-Way") and described and depicted in Exhibit "A" attached
hereto and incorporated herein; and
2. WHEREAS, EAS, NKT is performing construction on certain real estate located
ad jacent to the 01ohan Alley Parking Lot and the Rights-of-W and
3. WHEREAS, EAS, NKT wishes to use portions of the Parking Lot and Rights-of-
Way described and depicted in Exhibit "B" attached hereto and incorporated herein
(hereinafter referred to as "the Property" ) for construction purposes and implementation
of related safety measures, including no parking zones and a pedestrian walkway,
during the period from October 2010 through flay 2011; and
4. WHEREAS, NKT applied to City for a Temporary Use Permit "TUP" to
use the Property for construction purposes and implementation of related safety
measures and said T U P application was approved by the Arroyo Grande City Council
o n September 2 8, 2010, by F esoIution 4311, subject to certain conditions of approval
"C OX); a n d
5. WHEREAS, C A No. 5 requires NIT to enter into an encroachment
agreement to address indemnification, insurance and construction issues, to the
satisfaction of the City Attorney; and
6. WHEREAS, City is willing to allow NKT use of the Property, subject to the
terms and conditions set forth herein.
Agenda Item 10.a.
Page 4
AGREEMENT
NOW, THEREFORE, E, in consideration of the mutual promises and Obligations
contained herein, the Parties hereby agree as follows:
1. Permission to Encroach. City hereby grants to NKT the non-exclusive
right, privilege and permission to use the Property for construction purposes and
implementation Of related safety measures, subject to the terms o f this Agreement.
2. Encroachment Fee. In lieu of paying a daily encroachment fee for the
non - elusive right, privilege and permission to use the Property, NKT, as partial
consideration, hereby agrees t o waive any and all rent and leasing costs that were
incurred by City after August 31, 2010 in connection with the leasing and holding
Over Of the real property located at 300 E. Branch Street "Farm Credit Building"),
arising Out Of the Lease Agreement between City and NKT dated March 19, 2009.
3. No Representation by NKT has independently investigated the
Property and knows its condition; NKT acknowledges that the City makes no
representations with respect to the Property Or its condition and that NKT is not relying
On any representation Of the City Or the City's agents with respect to the use Or
condition Of the Property. This Agreement grants NKT the privilege and permission to
use the Property in its present condition "as is" without warranties, either express Or
implied.
4. Scheduling The Parties agree that the schedule attached hereto as
Exhibit "C" entitled Precise Schedule of Use and Closures "Schedule" and incorporated
herein, is a best estimate Of the anticipated use and closures of the Property. The
Parties acknowledge that it is not possible t0 foresee all circumstances and events that
include, the weather or any other acts out of the control Of the Parties that affect
scheduling, and that changes in scheduling may Occur in the use Of the Property. All
changes to the Schedule must be approved in writing by the Arroyo Grande Community
Development Director.
5.
follows:
Covenants of NKT
NKT hereby covenants and warrants to the City as
a. TO comply with all applicable lavers and Ordinances including the
City's land use, building and safety requirements.
b. TO refrain from causing waste, damage o injury to the Property.
C. TO comply with all Conditions Of Approval and Mitigation Measures
contained in Arroyo Grande Council Resolution lution Numbers 4262, 4302, and 4311.
d. NKT shall not have any right to enlarge the present scope of this
Agreement, without the prior written consent Of the City.
Agenda Item 10.a.
Page 5
e. To use the Property exclusively for construction purposes and
implementation of related safety measures.
f. To return the Property to the condition it existed prior to the
commencement of the Agreement.
6. Provision of Temporary Public F estrooms During the term of this
Agreement, ITT shall provide temporary public restroom facilities "Temporary
Festroorn Facilities" satisfactory to City and in the locations designated by City at its
sole cost and expense. NKT shall provide one ferrule, one male and one ADA compliant
res room. The restrooms shall be at least equivalent to MarBorg Industries VIP Double
Fetroom Trailer or the Central Coast Industries Gold Festroon Dual Trailer and the
Marborg Industry ADA Wheelchair Accessible F estroom or the Central Coast Industries
ADA Unit, respectively. Additionally, NKT shall at its sole cost and expense, ensure, to
City's satisfaction, that the Temporary F estroom Facilities are kept in a safe, clean and
sanitary condition throughout the terra of this Agreement.
7. Indemnification of the City NKT agrees to indemnify, defend and hold
harmless, and. further agrees that any of its contractors and/or agent that provide work,
or services in connection with NKT's obligations under the Agreement agree to
indemnify, defend and hold harmless, the City, the City Council and each member
thereof, and every officer, commissioner, agent and employee of the City, grantees and
assigns from and against all claims, actions, liabilities, damages, costs, expenses and
judgments, including attorneys' fees, which relate to, arise from, or are In any way
connected with NKT's use or occupancy of the Property, or any portion thereof, on
account of any injury to persons or damage to property, excluding therefrom such injury
or damage caused by the proven sole negligent amts of the City. This provision shall
survive the expiration or termination of this Agreement
8. Insurance. NKT shall maintain and require each and every contractor
and/or agent that provides work, or services in connection with NKT's obligations
under this Agreement to maintain, prior to the commencement of and for the duration
of this Agreement insurance coverage as specified in Exhibit "D" attached hereto
and incorporated herein.
g. Terra The permission granted to NKT to use the Property under the
terms of this Agreement shall terminate on May 31, 2011 subject to the following:
a. City may, at City's election and sole discretion, terminate the
permission granted by this Agreement immediately without such notice at any time if i
NKT fails to comply with or abide by any provision of this Agreement or ( ii) if NKT's
continued use of the Property presents a health or safety hazard.
10. Binding Effect This Agreement shall, at all times, be binding upon the
City and ITT and their agents, successors and approved assigns.
11. Governing Law and V enue . This Agreement shall be construed and
enforced in accordance with, and governed by, the laws of the State of California. The
Parties hereto agree that all actions or proceedings in connection with this Agreement
Agenda Item 10.a.
Page 6
shall be tried and litigated in the Superior Court located in the County of San Luis
Obispo, State of California.
12. t t me s' fees In the event of legal action to enforce the terms and
conditions of this Agreement, the prevailing party shall be entitled to recover their costs,
including reasonable attorney fees and costs.
13. Amendments. Amendments to this Agreement shall be in writing and shall
be made only with the mutual prior written approval of the parties to this Agreement.
1. Entire Agreement This Agreement constitutes the entire agreement and
understanding of the Parties hereto and contains all representations between the
Parties with respect to the subject matter hereof. Each Party has had the opportunity to
consult independent counsel of its own choosing. No Party in executing this Agreement
has relied upon any inducements, promises or representations made by any other Party
or any representative of any other Party except as set forth in this Agreement. This
Agreement can only be modified in writing signed by all Parties to this Agreement.
15. Assignment NIT shall not assign this Agreement without the prior written
consent of the City.
16. Representation on Authority of Paty S „icinatories Each of the Parties
represents and warrants that he is duly authorized and has legal capacity to
execute and deliver this Agreement. Each Party represents and warrants to the other
that the execution and delivery of the Agreement and the performance o such Party's
obligations hereunder have been duly authorized and that the Agreement is a valid and
legal agreement binding on such Party and enforceable in accordance with its terms.
17. Counterparts This Agreement may be executed in any number of
counterparts each of which shall be deemed an original, and all of which shall constitute
one and the same agreement.
18. Waiver No waiver by a Party of any provision of this Agreement shall be
considered a waiver of any other provision or any subsequent breach of the same of
any other provision.
SIGNATURES TO FOLLOW N NEXT PAGE
Agenda Item 10.a.
Page 7
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be
executed on the day and year first written above.
CITY OF ARROYO 0 F A E ITT HOLDINGS, LLC
STEVEN ADAMS, City Manager
IN
Its:
ATTEST.
KELLY WETMORE, City Clerk
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, City Attorney
Agenda Item 10.a.
Page 8
Agenda Item 10.a.
Page 9
CL
2)
rMIL
3
q
a one way vehICum*Ia&w&Iw* travel lane beh*in'd the construcion
Is
area, will be establ*ishedl.
EXHIBIT C
-P- IW. DMGN & CONSTRKK)N, INC,
P. 0 . Box 115 4 • SAN Luis Caspo CA 93406 • FFU (305) 544 -3130 • FAX (805) 781 -3970 • IKENSE 55491
November 18, 2010
Too Carol Florence
At: oas i Associates
Re: Shops at Short Street Schedule
This is an aggressive schedule, which will require some degree of cooperation from the
weather. It will maintain two points of access to the back of the shops along 01ohan Alley.
It is designed to minimize the duration of the project and thus the impact on the City of
Arroyo Grande.
Month t
Start work Oct 25 with Haz Mat abatement of the Malt Shop. Concurrent with that work
will be abandoning water, power, gas, sewer to the building. We will also be installing site
fencing, establishing pedestrian pathways per the plan, installing pedestrian protection,
erosion control, etc cs necessary for this f irst stage of construction. Physical demo of
building and asphalt parking lot will then start. This phase will take about one week.
A ter demo o f the ex fisting bldg and parking lot, abandonment of any remaining utilities,
irrigation, lighting control wiring, etc impacting the new building area will be completed.
Construction of the new building pad will follow including over excavating down to ` below
the existing grades and then re-- compacting dirt under the new building and patio. This
work will encroach out into the north bound lame of Short St for a brief period, allowing
south bound traffic only on Short St. Concurrent with pad construction will be the start
of utility work, building any water,, sewer, electrical, and storm drain structures possible.
Month 2
Construction of concrete foundations, retaining walls, under slab utilities, and slab on
grade will be under way on the building. We will be continuing underground utility work
both in the front of the new building and in 01ohan Alley. Pedestrian walkways, traff is
control erosion cont rol, etc will remain in place, adjusted on a dai ly basis as necessary.
Month
This month we will be working on getting the building concrete f inished. l= raming of the
structure gill begin in December. UtiIity tie -ins f roan the building to the new and existing
utilities will take place.
Agenda Item 10.a.
Page 11
J,W. DEsIGN & CONSTRUCTION INC.
RO- Box 1154 - Sm Luis oBi Po CA 93406 •OFR E (805) 544 - 3130 a FAX (805) 7 81 -397 0 • L1 E E 55491
Month 4
This month will be a mixture of framing, interior electrical, plumbing, and mechanical work.
Also door f rames, window frar es, roofing, and a terior lath wiII be installed. 0 lohan
AIIey will be opened up with temporarry asphalt patches over utility trenches for through
traffic. berno of the ex fisting and construction of the new Short St impr vements gill
begin in January. Utilities will be first, followed by prep of site curb, getter and sidewalk
areas. Traffic control, pedestrian control, erosion control measures will be adjusted as
required due to changing site conditions.
Month
After plaster is complete, we gill start siding, brIc k veneers, pre -oast concrete, a terior
trellises, pre -oust concrete,, etc. Work on Short St will continue with construction of
curbs, gutters, and s1dewa Iks. Base and pawing will follow, depending on the quantity of
rainfall.
Month
March and early April will see a continuation/completion of exterior finishes. Them
scaffolding cones down, grading and prep for new sidewalks around the building will begin,
f o I lowed by any site hardscaEpe and landscape. 5 hor*t Street work w i l l complete wit h
striping, signage landscape, etc.
The goal is to complete the shell work for the Shops at Short Street approx. 4/25111, six
months of te r the start of work. Tenant irpretent work which is currently not realer
contract to I, nor part of this permit or schedule may be taking place after 4111111
for several months.
Clem B ock,
Sr. Project Manager, J. W. Design & Construction, Inc.
Ph 805 - 544 -3130, Fax 805 - 544 -0115
e-mail, cjb@jwdci.com
Agenda Item 10.a.
Page 12
FXHIBIT D
INSURANCE F E U I E M ENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will
maintain insurance in conformance with the requirements set forth below. Consultant
will use existing coverage to comply with these requirements. If that existing coverage
does not meet the requirements set forth here, Consultant agrees to amend,
supplement o endorse the existing coverage to do so. consultant acknowledges that
the insurance coverage and policy limits set forth in this section constitute the minimum
amount of coverage required. Any insurance proceeds available to city in excess of the
limits and coverage required in this agreement and which is applicable to a given loss,
will be available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy from CG 00 01 or the enact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or suits by
one insured against another. Limits are subject to review but in no event less than
$1 ,000,000 per occurrence.
Business Auto coverage on ISO Business Auto Coverage from CA 00 01 including
symbol 1 (Any Auto) or the enact equivalent. Limits are subject to review, but in. no
event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non -owned auto endorsement to the general liability
policy described above. If Consultant o Consultant's em ployees will use personal autos
in any way on this project, Consultant shall provide evidence of personal auto liability
coverage for each such person.
Workers Compensation on a state - approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1 ,000,000 per accident or
disease.
Excess or Umbrella Liability Insurance (Over Primary ) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Any such coverage provided under an umbrella liability policy shall include a
drop down provision providing primary coverage above a maximum $25,000 self-
insured retention for liability not covered by primary but covered by the umbrella.
Coverage shall be provided on a "pay on behalf' basis with defense costs payable in
addition to policy limits. Policy shall contain a provision obligating insurer at the time
insured's liability is determined, not requiring actual payment by the insured first. There
shall be no cross liability exclusion precluding coverage for claims or suits by one
insured against another. Coverage shall be applicable to City for injury to employees of
Consultant, subcontractors or others involved in the Work. The scope of coverage
provided is subject to approval of City following receipt of proof of insurance as required
Agenda Item 10.a.
Page 13
herein. Limits are subject to review but in no event less than $1,000,000 per
occurrence.
Professional Liability o Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designated to protect against acts, errors or
omissions of the Consultant and "Covered Professional Service t' as designated in the
policy must specifically include work performed under this agreement. The policy limit
shall be no less than $1 000,000 per claim and in the aggregate. The policy must "pay
on behalf of the insured and must include a provision establishing the insurer's duty to
defend. The policy retroactive date shall be on o before the effective date o f this
agreement.
Insurance procured pursuant to these requirements shall be written by insurer that are
admitted carriers in the state California and with an A.M. Bests rating of A- or better and
a minimum financial size 1111.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by
Consultant:
1 . Consultant agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds City, its officials
employees and agents, using standard ISO endorsement No. CG 2010 with an edition
prior to 1992. Consultant also agrees to require all Consultants, and subcontractors to
do likewise.
2. No liability insurance coverage provided to comply with this Agreement
shall prohibit Consultant, o Consultant's employees, or agents, from waiving the right of
subrogation prior to a loss. Consultant agrees to waive subrogation rights against City
regardless o f the applicability of any insurance proceeds, and to require all Consultants
and subcontractors to do likewise.
3. All insurance coverage and limits provided by Consultant and available o
applicable to this agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or its
operations limits the application of such insurance coverage.'
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been first
submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve
to eliminate so- called "third party action over" claims, including any exclusion for bodily
injury to an employee of the insured or of any Consultant or subcontractor.
6. All coverage types and limits required are subject to approval, modification
and additional requirements by the City, as the need arises. Consultant shall not make
Agenda Item 10.a.
Page 14
any reductions in scope of coverage e.g. elimination of contractual liability or reduction
of discovery period) that may affect City's protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an additional
insured endorsement to Consultant's general liability policy, shall be delivered to City at
or prior to the execution of this Agreement. In the event such proof of any insurance is
not delivered as required, or in the event such insurance is canceled at any time and no
replacement coverage is provided City has the right, but not the duty, to obtain any
insurance it deers necessary to protect its interests under this or any other agreement
and to pay the premium. Any premium so paid by City shall be charged to and promptly
paid by Consultant or deducted from sums due Consultant at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to
City of any cancellation of coverage. Consultant agrees to require Its insurer to modify
such certificates to delete any exculpatory w rd ing stating that failure of the insurer to
mail written notice of cancellation imposes no obligation, o that any party will
"endeavor" as opposed to being required) to comply with the requirements of the
certificate.
g. It is acknowledged by the parties of this agreement that all insurance
coverage required to be provided by Consultant or any subContraotr, is intended to
apply first and on a primary noncontributing basis in relation to any other insurance o
self insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party
involved with the project who is brought onto or involved in the project by Consultant,
provide the same minimum insurance coverage required of Consultant. Consultant
agrees to monitor and review all such coverage and assumes all responsibility for
ensuring that such coverage is provided in conformity with the requirements of this
section. Consultant agrees than upon request, all agreements with subcontractors and
others engaged in the project will be submitted to City for review.
11. Consultant agrees not to self- or to use any self- insured retentions
or deductibles on any portion of the insurance required herein and further agrees that it
will not allow any Consultant, subcontractor, Architect, Engineer or other entity or
person in any way involved in the performance of wort on the project contemplated by
this agreement to self- insure its obligations to City. If Consultant's existing coverage
includes a deductible or self - insured retention, the deductible or self- insured retention
must be declared to the City. At the time the City shall review options with the
Consultant which may include reduction or elimination of the deductible or self - insured
retention, substitution o other coverage, or other solutions.
12. The City reserves the right at any time during the terra of the contract t
change the amounts and types of insurance required by giving the Consultant ninety
( 90) days advance written notice of such change. If such change results in substantial
additional cost to the Consultant, the City will negotiate additional compensation
proportional to the increase benefit to City.
Agenda Item 10.a.
Page 15
13. For purposes of applying insurance coverage only, this- Agreement will be
deemed to have been executed immediately upon any party hereto taking any steps
that can be deemed to be in furtherance of or towards performance of this Agreement.
1. Consultant acknowledges and agrees that any actual or alleged failure on
the part of City to inform Consultant of non - compliance with any insurance requirements
in no way imposes any additional obligations on City nor does it waive any rights
hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or
Its employees or agents face an e from operations of any type pursuant to this
agreement. This obligation applies whether or not the agreement is canceled or
terminated for any reason. Termination of this obligation is not effective until City
executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced with other
policies providing at least the sane coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from
Consultant's insurance agent to this effect is acceptable. A certificate of insurance
and/or additional insured endorsement as required in these specifications applicable to
the renewing or new coverage must be provided to City within five days of the expiration
of the coverages.
1. The provisions of any workers' compensation or similar act will not limit
the obligations of Consultant under this agreement. Consultant expressly agrees not to
use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this
section are not intended as limitations on coverage, limits or other requirements nor a s
a waiver of any c overage normally provided by any given policy. Specific reference to a
given coverage feature is for purposes of clarification only as it pertains to a given issue,
and is not intended by any party or insured to be limiting or all - inclusive.
19. These insurance requirements are intended to be separate and distinct
from any other provision in this agreement and are intended by the parties here to be
interpreted as such.
2. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision conflicts
with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used b
any party involved in any way with the project reserves the right to charge City or
Consultant for the cost of additional insurance coverage required by this agreement.
Any such provisions are to be deleted with reference to City. It is not the intent of City to
Agenda Item 10.a.
Page 16
reimburse any third party for the cost of complying with these requirements. There shall
be no recourse against City for payment Of premiums or ether amounts with respect
thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this agreement. City
assures no obligation o liability by such notice, but has the right (but net the duty) to
monitor the handling of any such claim or claims if they are likely to involve City.
Agenda Item 10.a.
Page 17
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 10.a.
Page 18
WCORPQRATED
JULY 10, loll
1 F
MEMORANDUM
DUAll
To: CITY COUNCIL
FROM: TE ESA MCCLISH, COMMUNITY DEVELOPMENT ELOPMEI T DIF ECTO
BY: JOHNATHAN R, HURST, BUILDING OFFICIAL
SUBJECT: CONSIDERATION OF A PROPOSED ORDINANCE AMENDING
PORTIONS OF TITLE 8 (FIRE CODE) AND TITLE 15 (BUILDING AND
CONSTRUCTION CODES) OF THE ARROYO GRANDE MUNICIPAL
CODE
[SATE: NOVEMBER EMBEF 3, 201
RECOMMENDATION:
:
It is recommended the City Council: 1 Introduce an Ordinance amending Arroyo
Grande Municipal Code Chapter 8.04 related to the adoption of the California Fire Code
and International Fire Code; amending Chapter 8.08 related to Fireworks; and
amending Chapter 15.04 related to the adoption of the California Building Code,
California Residential Code, California Electrical Code, California Mechanical Code,
California Plumbing Code, California Green Building Code, California Existing Building
Code, California Energy Code, California Historical Building Code and the International
Property Maintenance a Code and 2 Schedule a public hearing for December 14, 2010,
in accordance with the requirements of Government Code Section 50022.3, to consider
final adoption of the Ordinance.
FINANCIAL CIAL IMPACT:
No fiscal impact.
BACKGROUND:
The State's Health and Safety Code requires local governments to adopt the most
recent editions of the model codes related to fire and life safety. The construction codes
include the California Building, Fire, Residential, Plumbing, Mechanical, and Electrical
Codes, the Green Building Code, and other related codes. If the City Council adopts the
proposed Ordinance, the most recent editions of the construction codes with the
applicable amendments will be in effect within the City of Arroyo Grande as required b
State law.
The m significant change to the Building Standards Codes is the addition of the new
California Residential Code. This code will now require all residential occupancies to be
fitted with automatic fire sprinklers. Fire sprinklers have provided an outstanding safety
record in industrial, commercial, and institutional applications for over 100 years.
Residential fire sprinkler systems have been in place since the 1970's. National Fire
Agenda Item I I.a.
Page 1
CITY COUNCIL
CONSIDERATION OF A PROPOSED ORDINANCE AMENDING PORTIONS OF TITLE
8 {FIRE CODE} AND TITLE 15 (BUILDING AND CONSTRUCTION CODES) OF THE
ARROYO GRANDE MUNICIPAL CODE
NOVEMBER 23, 2010
PAGE 2
Protection Association NFPA statistics show that in a home equipped with a residential
fire sprinkler system and smoke detectors, survivability of a fire is elevated to g
percent. Statistics also indicate that a sprinkler system will extinguish or control a fire at
or near its point of origin 91 percent of the time.
The activation of a fire sprinkler system greatly limits the production of carbon monoxide
and keeps the fire temperature tolerable by extinguishing or keeping the fire small. Heat
from a fire will activate the sprinkler system usually within two to three minutes. Only
the heads directly above the fire will activate (usually limited to one or two heads) each
discharging between 10 - 26 gallons of water per minute. Hose lines used by fire
suppression personnel for interior firefighting will each discharge 125 to 200 gallons of
water per minute. Without fire sprinklers, by the time the Fire Department arrives on the
scene, the fire has potentially grown to a size requiring multiple hose lines. It is a fact
that sprinkler systems can save lives, but they also limit fire and water damage.
In accordance with Government Code Section 50022.0 relating to the adoption of codes
by reference, after the first reading of the title of the Ordinance and of the title of the
codes to be adopted thereby, a public hearing is to be scheduled and notice provided in
accordance with the statute. It is recommended that the public hearing be set for
December 1, 2010.
ANALYSIS of ISSUES:
The Mate's Health and Safety Code (Section 179 mandates that the California
Building Standards Commission adopt and publish the California Building Standards
Code (Title 24 California Code of Regulations) every three 3 years. The 2010 Edition
of the California Code of Regulations Title 24, which incorporates the belo w- listed
model codes, becomes effective statewide on January 1, 2011. If approved, the
proposed Ordinance would amend Chapters 8.04 and 15.04 by repealing references to
the prior editions of the Construction Codes.
The list below identifies the :model codes upon which the 2010 Title 24 is based:
California Building standards Code
2010 California Building Code
2010 California Residential Code
2010 California Fire Code
2010 California Plumbing bing Code
2010 California Mechanical Code
2007 California Electrical Code
2007 California Existing Building Code
2010 California Green Building Code
Reference Model Code
2009 International Building Code (ICC)
2009 International Residential Code (ICC)
2009 International Fire Code (ICC)
2009 Uniform Plumbing Code (IAPMO)
2009 Uniform Mechanical Code (IAPMO)
2008 National Electrical Code (NFPA)
2009 International Existing Building Code
(ICC)
Agenda Item 11.a.
Page 2
CITY COUNCIL
CONSIDERATION OF A PROPOSED ORDINANCE AMENDING PORTIONS OF TITLE
8 (FIRE CODE) AND TITLE 15 (BUILDING AND CONSTRUCTION CODES) OF THE
ARROYO GRANDE MUNICIPAL CODE
NOVEMBER 23, 2010
PAGE 3
The construction codes proposed for adoption by reference with amendments include
the following:
2010 California Building Code
2010 California Residential Code
2010 California Fire Code
2010 California Plumbing Code
2010 California Mechanical Code
2010 California Electrical Code
2010 California Existing Building Code
2010 California Green Building Code
2010 Historical Building Code
2010 Energy Code
The 2009 International Property Maintenance Code is also proposed for adoption by
reference with amendments. This code is based upon and is consistent with the
provisions found in the California Building Code. The benefit of adopting this additional
code is to provide building and fire inspectors /officials and plan examiners with further
clarification of the intent and the applicability of the California Building Code when
presented with a variety of construction issues.
The Building and Life Safety Division is recommending that these changes and
modifications be made to the Codes and are advising that certain changes and
modifications to the 2010 Editions of the California Building, Residential, Fire, Plumbing,
Mechanical, Electrical, Existing Building and Green Building Code are reasonably
necessary due to local conditions In the City of Arroyo Grande. Other modifications are
of an administrative or procedural nature and concern themselves with subjects that are
not covered by the Codes or are reasonably necessary to safeguard life and property
within the City of Arroyo Grande.
The proposed Ordinance sets forth a number of findings, as required by Health and
Safety Code Sections 191. 5 and 17958.7, that are necessary to enable the City to
amend the new building and related codes to meet the City's local conditions. The
proposed Ordinance updates Sections of the Municipal Code by amending the 2010
editions of the California Building, Residential, Fire, Plumbing, Mechanical, Electrical
Code and Green Building Code.
With the addition of the California Residential Code, California will now be brought in
line with the rest of the nation in adopting a building node that is separate from and
unique to residential occupancies. This newly adopted California Residential Code now
requires all newly constructed townhouses and single family dwellings to be equipped
with automatic fire sprinklers. Therefore we are required to modify our current sprinkler
ordinance to reflect that requirement. Currently our existing sprinkler ordinance would
Agenda Item I I.a.
Page 3
CITY COUNCIL
CONSIDERATION OF A PROPOSED ORDINANCE AMENDING PORTIONS OF TITLE
8 (FIRE CODE) AND TITLE 16 (BUILDING AND CONSTRUCTION CODES) OF THE
ARROYO GRANDE MUNICIPAL CODE
NOVEMBER 23, 2010
PAGE 4
not require new townhouses and single family dwellings that are less than 1,000 square
feet to have fire sprinklers.
The State is also adopting a Statewide Green Building Code that will allow construction
throughout California to be more environmentally friendly in the following categories in
order to achieve reductions in greenhouse gas emissions, energy consumption and
water use:
• Planning and design;
• Energy efficiency;
• Dater efficiency and conservation;
• Material conservation and resource management; and
• Environmental Quality.
California is the first State in the nation to codify Green Building regulations. The
California Building Standards Commission has elected to adopt these international
codes, thus bringing the state of California in line with codes that are being adopted and
utilized throughout the rest of the nation.
As a result of this Ordinance, the previous amendments to the California Codes for the
City of Arroyo Grande will no longer be required. Beginning January 1, 2011 all new
residential construction will be required to be fitted with automatic fire sprinklers.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
1. Introduce the Ordinance and schedule a public hearing for December 14, 2010;
2. Modify the Ordinance to amend or remove proposed new fire sprinkler requirements
and then introduce;
3. hake other modifications as appropriate and approve staff's recommendation;
4. Provide direction to staff.
ADVANTAGES:
The adoption of this Ordinance will keep the City of Arroyo Grande current and
compliant with State law in regards to construction and building odes. The adoption of
a fire sprinkler provision is intended to stop or retard fires, thins requiring less apparatus
and personnel than would normally b e required. The adoption of this Ordinance will also
lever the City's ISO rating, which has the potential of lowering insurance rates citywide.
DISADVANTAGES:
Agenda Item I I.a.
Page 4
CITY COUNCIL
CONSIDERATION OF A PROPOSED ORDINANCE AMENDING PORTIONS OF TITLE
8 (FIRE CODE) AND TITLE 15 (BUILDING AND CONSTRUCTION CODES) OF THE
ARROYO GRANDE MUNICIPAL CODE
NOVEMBER 23, 2010
PAGE 5
In general, the update will require more stringent requirements for construction.
However, these requirements provide for safer and more energy efficient buildings.
ENVIRONMENTAL REVIEW:
:
The project is a empt from CE A per CE A Guidelines Section, 15061 (b)(3).
PUBLIC NOTIFICATION AND COMMENTS:
Staff met with representatives from neighboring jurisdictions, members f the public,
and members o f the Home Builders Association to discuss the proposed Ordinance and
amendments. The Agenda was posted in front o f City Hall on Thursday, November 18,
2010 and the Agendas and staff report were posted on the City's website on Friday,
November 19, 2010.
Agenda Item I I.a.
Page 5
ORDINANCE No.
N ORDINANCE A CE of THE CITY COUNCIL of THE CITY of ARROYO
GRANDE AMENDING ARROYO GRANDE MUNICIPAL CODE
CHAPTER 8.04 RELATED To THE ADOPTION of THE CALIFORNIA
FIFE CODE AND INTERNATIONAL FIFE CODE; AMENDING
CHAPTER 8.08 RELATED To FIREWORKS; AND AMENDING
CHAPTER 15.04 RELATED To THE ADOPTION of THE
CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE,
CALIFORNIA ELECTRICAL CODE, CALIFORNIA MECHANICAL
CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA GREEN
BUILDING CODE, CALIFORNIA EXISTING BUILDING CODE,
CALIFORNIA ENERGY CODE, CALIFORNIA HISTORICAL BUILDING
CODE AND THE INTERNATIONAL PROPERTY MAINTENANCE
CODE
WHEREAS, EAS, the City of Arroyo Grande "City" is a municipal corporation organized
under the laws of the State of California; and
WHEREAS, pursuant to California Health and Safety Code Section 17921, the State of
California "State" roust adopt and enforce regulations for the protection of the public
governing the construction, alteration, demolition, occupancy, or other use of buildings;
and
WHEREAS, pursuant to California Health and Safety code Section 17958, cities may
adopt ordinances imposing the California Building Standards requirements as
established by the State; and
WHEREAS, EAS, the City desires to amend its municipal code to adopt more recent editions
of the California Building Standards codes established by the State; and
WHEREAS, EAS, pursuant to California Health and Safety Code Section 17958.7, a city may
modify the State code requirements if it makes express findings that such modification
is reasonably necessary because of local climatic, geological,. or topographical
conditions; and
WHEREAS, EAS, the city Council further desires to amend regulations regarding the sale
and discharge of "safe and sane" fireworks; and
WHEREAS, the City Council further desires to modify cost recovery regulations in order
to provide the City with a mechanism to recover emergency service costs due acts of
negligence; and
Agenda Item I I.a.
Page 6
ORDINANCE Igo.
PAGE 2
WHEREAS, EAS, additionally, by this Ordinance, the City Council desires to make general
corrections to its municipal code in order to ensure internal consistency with other
modifications set forth herein.
NOW, , THE EFOI E, BE IT ORDAINED ED by the City Council of the City of Arroyo
Grande as follows:
SECTION 1. The above recitals and findings are true and correct and are incorporated
herein by this reference.
SECTION 2. That each of the changes or modifications to measures referred to herein
are reasonably necessary because of local climatic, geographical, or topographical
conditions in the area encompassed by the boundaries of the City of Arroyo Grande and
the findings set forth in Exhibit "A ", attached hereto and incorporated herein, are hereby
adopted and support the local necessity for the changes or modifications.
SECTION 3, Arroyo Grande Municipal Code "AGMC" Section 8.04.010, entitled
"Adoption of the California Fire Code ", is hereby amended as follows:
8.04.010 - Adoption of California Fire Code.
There is hereby adopted for the purpose of prescribing regulations governing
conditions hazardous to life and property from fire, hazardous materials or
explosion, that certain code known as the 2010 California Fire Code, including
Appendix Chapters 4 , A, P, 1313, C, CC, D, H, the 2009 International Fire Code
and the 2009 International Property Maintenance Code as published by the
International Code Council, the whole thereof, save and except such portions as
are hereinafter deleted, modified -or amended by the rest of this Chapter, one 1
copy of which has been and is now filed in the office of Building and Life Safety
of the City of Arroyo Grande and the same is hereby adopted and incorporated
as fully as if set out in full herein, and from the date on which this ordinance shall
take effect, the provision thereof shall be controlling within the limits of the City of
Arroyo Grande.
SECTION 4,, Modifications to the California Fire Code, Zoo Edition are reasonably
necessary based on the findings set forth in Exhibit "A" attached hereto and
incorporated herein.
SECTION 5, BeGtion 8.04.016, entitled "Section 109.3 Amended: Violation Penalties'. is
hereby added to the AG MC as follows:
8.04.018 — section 103.3 Amended: Violation Penalties.
A. Section 109.3' of the 2010 California Fire Code is amended to goad as
follows:
Agenda Item I I.a.
Page 7
ORDINANCE NO.
PAGE 3
Persons who shall violate the provisions of this code or shall fail to comply with
any of the requirements thereof or who shall erect, install, alter, repair or do work in
violation of the approved construction documents or directive of the fire chief or the
building official, or of a permit or certificate used under provisions of this code, shall be
guilty of a misdemeanor, punishable by a fine of not more than $1,000 [one - thousand]
dollars or by imprisonment not exceeding six months , or both such fine and
imprisonment. Each day that a violation continues after due notice has been seared
shall be deemed a separate offense.
SECTION 8. Section 8.04.018, entitled "Section 111.4 Amended: Failure to Comply „ , is
hereby added to the AGIVIC as follows:
8. . 18 —Section 111.4 Amended: Failure to Comply.
A. Section 111. 4 of the 2010 California Fire Code is amended in its entirety to
read as follows:
Any person who shall continue any work after having been served with a stop
work order, except such work as the person is directed to perform to remove a violation
or unsafe condition, shall be liable to a fine of not less than triple the amount charged
for the original permit fees or $1,g g, provided, however, that the maximum fine shall
not exceed $1 ,000. Each day that a violation continues shall be deemed a separate
offense,
SECTION . AGI IC Section 8.04.020, entitled "Section 903 Amended: Approved
Automatic Sprinkler Systems” is hereby amended in Its entirety as follows:
8.04.020 — Section 903 Amended: Approved Automatic Sprinkler systems.
A. Section 903.2 of the 2010 California Fire Code is amended in its entirety
to read as follows:
Approved automatic sprinkler systems shall be installed in the following locations:
1, In all new buildings and structures that exceed 1,000 square feet,
except group -3 and U occupancies and agricultural buildings,
2. In additions or alterations for all buildings or structures as follows:
a. Throughout structures where additions to existing buildings
adds more than % o f the existing square footage to the
structure AND results in a total square footage in excess of
1,000 (one - thousand) square feet;
. Throughout existing structures where alterations encompass
more than % of the existing square footage of the structure
AND is in excess of 1 ,000 one4housand square feet OR
There there is a change of occupancy to a more hazardous use
as determined by the Building Official or Fire Chief;
Agenda Item I I.a.
Page 8
ORDINANCE 1 O.
PAGE
c. These requirements will be applicable to the combined square
footage of all building permits issued for the address or site
within the last five years. Buildings or structures separated by
less than ten 10 feet shall be considered as a single building
or structure.
SECTION 8. Section 8.04.022, entitled "Amendment to California Fire code Appendix
D" , is hereby added to the AGI IC as follows:
8 .04.022- Appendix D 2010 California Fire code section D107.1 is hereby
amended as follows: delete exception 1.
SECTION 9. Section 8.04.024, entitled "Fire Code Official ", is hereby added to the
AGIVIC. as follows:
5.04.024 — Fire code Official.
The California Fire Code and the International Property Maintenance code, with
amendments set forth in this division shall be enforced by the Five Cities Fire
Authority, which shall be operated under the Fire Chief of the Five Cities Fire
Authority. The Fire chief of the Five Cities Fire Authority may designate qualified
individuals as inspectors as shall b necessary from time to time.
SECTION 10. Section 8.04.026, entitled "Definitions is hereby added to the AGI IC as
follows:
8,04.26 - Definitions.
A. Whenever the word "jurisdiction" is used in the California Fire Code or in this
Chapter, it shall ran the City of Arroyo Grande.
B. Wherever the terra "city council is used in the California Fire Code or in this
Chapter, it shall mean the city Council of the City of Arroyo Grande.
SECTI0 N I I - Section 8.04.028, entitled "Amendments — 2 0 06 International Property
Maintenance Code" is hereby added to the AGI IC as follows:
8.04.028 — Amendments — 2009 International Property Maintenance code.
A. All references within the code to the International code, as adopted by
Section 15.04.010(J), shall read California Code.
B. The following section of the 2009 International Property Maintenance Code is
amended in its entirety to read as follows:
Section 112.4 — Failure to comply. Any person who shall continue any work after
having been served with a stop work order, except such work as the person is directed
Agenda Item 11.a.
Page 9
ORDINANCE ISO.
PAGE
to perform to remove a violation or unsafe condition, shall be liable to a fine of not less
than triple the amount charged for the original permit fee(s) or $1 ,000 provided,
h owever, that the maximum fine shall not exceed $1 ,000. Each day that a violation
continues shall be deemed a separate Offense.
SECTION 12. AGMC section 8.04.040, entitled "Cost Recovery", very „ , is hereby amended in
its entirety as follows:
8.04.040 — Cost Recovery.
very.
Where an emergency situation is caused or exacerbated by a willful act,
negligent act, or a violation of the Fire Code, Building Code, or any Other
applicable law, ordinance or regulation, the cost of emergency service to mitigate
and secure any emergency that is within the responsibility Of the Fire Chief is a
charge against the person who caused the emergency or who caused the
circumstances leading to the creation of the emergency, and such person shall
be liable for the costs of such services. Damages and expenses incurred by any
public agency providing emergency services or mutual aid shall constitute a debt
of such person and shall be collectible by the Fire Chief for proper distribution in
the same manner as in the case o f an Obligation under contract expressed or
implied. Costs and expenses as stated above shall include, but not be limited to,
equipment and personnel committed and any payments required by the public
agency to outside business firms requested by the public agency to mitigate or
secure the emergency, monitor remediati0n, and clean up.
SECTION 18, A MC Sections 8.08.070(A) and 8.08.100 of Chapter 8.08, entitled
;Fireworks ", are hereby amended in their entirety as follows:
8.08.070 — Salle.
A. Fire works shall not be sold before noon on the twenty- fourth of June and such
sales shall cease at noon on the fifth day of July. sales during this time period
will be limited to nine a.m. to nine p.m. each day. Any permittee failing to observe
these hours designated for sale may have their permit revoked or be ineligible for
a permit in subsequent years.
8.0 .100 - Public discharge.
Discharge o f "safe and sane fire works" may only Occur from the 3rd of July
through midnight of ,July Stn and shall be in legally permitted locations. No person
under eighteen 1 years of age may possess o discharge "safe and sane
fireworks” except when under the direct supervision o f a person twenty-one 21
years of age o older.
Agenda Item 11.a.
Page 10
ORDINANCE IANCE .
PAGE
SECTION * AGIVIC Section 15-04.010, entitled "California Building Standards Codes
Adopted ", is hereby amended in its entirety as follows:
A. California Building Code. The 2010 California Building Code, including the
2009 International Building Code and Appendix Chapters , B and I, as amended,
is adopted by the City of Arroyo Grande and incorporated herein by this
reference as though set forth in full.
B. California Residential Code. The 2010 California residential Code, including
the 20 International Residential Code and Appendix chapters G, H J, and K,
as amended, is adopted by the City of Arroyo Grande and incorporated herein by
this reference as though set forth in full.
C. California Electrical Code. The 2010 California Electrical Code is adopted by
the City of Arroyo Grande and incorporated herein by this reference as though
set forth in full.
D. California Mechanical Code. The 2010 California Mechanical Code, including
all of the appendix chapters, is adopted by the City of Arroyo Grande and
incorporated herein by this reference as though set forth in full.
E. California Plumbing Code. The 2010 California Plumbing Code, including all of
the appendix chapters, is adopted by the City of Arroyo Grande and incorporated
herein by this reference as though Set forth in full.
F. California Energy Code. The 2010 California Energy Code, including all of the
appendix chapters, is adopted by the City of Arroyo Grande and incorporated
herein by this reference as though set forth in full
G. California Historical Building Code. The 2010 California Historical Building
Code, including all appendix chapters, is adopted by the City of Arroyo Grande
and incorporated herein by reference as though set forth in full.
H. California Existing Building Code. The 2010 California Existing Building Code
is adopted by the City of Arroyo Grande and incorporated herein by this
reference as though set forth in full.
I. California Green Building Code. The 2010 California Green Building Code,
without appendices, is adopted by the City of Arroyo Grande and incorporated
herein by this reference as though set forth in full.
J. International Property Maintenance Code. The 2009 International Property
Maintenance Code, as amended, is adopted by the City o Arroyo Grande and
incorporated herein by this reference as though set forth In full.
Agenda Item I I.a.
Page 11
ORDINANCE N.
PAGE
SECTION 15. AGIVIC Section 15-04.020 entitled "sections 3401, 3402 and 3403
amended — General — Definitions — Additions, alterations o repair ", is hereby repealed
in its entirety.
SECTION 16. Section 15-04.024, entitled "Section 903.2 Amended: Approved
Automatic ati sprinkler Systems", is hereby added to the AGIVIC as fellows: .
1 #04.024 — section 903.2 Amended: Approved Automatic sprinkler
Systems.
A. section 903.2 of the 2010 California Building Code is amended in its entirety to
read as follows:
Approved automatic sprinklers rs systems shall be Installed:
1. In all new buildings and structures that exceed 1 ,000 square feet, except
group R -3 and U occupancies and agricultural buildings.
2. In additions or alterations for all buildings o structures as follows:
a. Throughout structures where additions to existing buildings adds
more than % of the existing square footage to the structure AND results
in a total square footage in excess of 1 ,000 (one - thousand) square feet;
. Throughout existing structures where alterations encompass more
than 0 of the existing square footage of the structure AND is in excess
of 1,000 (one - thousand) square feet OR where there is a change of
occupancy to a more hazardous use as determined by the Building Official
or Fire Chief;
C. These requirements will be applicable to the combined square
footage of all building permits issued for the address or site within the last
five years. Buildings or structures separated by less than ten (1 0) feet
shall be considered as a single building o structure.
SECTION 17. section 15.04.026, entitled "Section 8313 of the 2010 California
Residential Code Amended ", is hereby added to the AGIVIC as follows:
15.04.026. section 8313 of the 2010 California Residential Code Is hereby
amended as follows:
8313.1. Townhouse aut matic fire systems. An automatic residential fire
sprinkler system shall be Installed in townhouses as follows:
A. In all -3 and U occupancies private garages and carports accessory to:
1. Including all attached structures;
2. Including all structures within 10 feat
B. In additions o alterations for all buildings o structures as follows:
Agenda Item 11.a.
Page 12
ORDINANCE No.
PAGE
I . Throughout structures where additions to existing buildings adds
more than 0% of the existing square footage to the structure AND results
in a total square footage in excess of 1 ,000 (one- thousand) square feet;
2. Throughout existing structures where alterations encompass more
than 50% of the existing square footage of the structure AND is in excess
of 1,000 (one - thousand) square feet OR where there is a change of
occupancy to a more hazardous use as determined by the Building Official
or Fire Chief;
3. These requirements will be applicable to the combined square
footage of all building permits issued for the address or site within the last
five gears. Buildings or structures separated by less than ten (1 0) feet
shall be considered as a single building or structure.
R313.2. One and tiro- family dwellings automatic fire systems. An automatic
residential fire sprinkler system shall be installed in one and two - family dwellings as
follows:
A. In all -3 and U occupancies private garages and carports accessory to:
1 . Including all attached structures
2. Including all structures within 10 feet
B. In additions or alterations for all buildings or structures as follows:
1. Throughout structures where additions to existing buildings adds
more than bolo of the existing square footage to the structure AND results
in a total square footage in excess of 1 ,000 (one - thousand) square feet.
2. Throughout e structures where alterations encompass more
than 0% of the existing square footage of the structure AND is in excess
of 1,000 (one- thousand) square feet OR w here there is a change of
occupancy to a more hazardous use as determined by the Building official
or Fire Chief.
3. These requirements will be applicable to the combined square
footage of all building permits issued for the address or site within the last
fire years. Buildings or structures separated by less than ten (1 0) feet
shall be considered as a single building or structure.
313.3.1.1 Required sprinkler locations.
areas of a dwelling unit.
Exceptions:
Delete exception
Sprinklers shall be installed to protect all
SECTION 18. A IVIC Section 15.04.040, entitled "Building official ", is hereby amended
in its entirety as follows:
15.04.040 — Building official.
A. The Building official is hereby designated as the building official and code
official for the City of Arroyo Grande.
Agenda Item 11.a_.
Page 13
ORDINANCE NO.
PAGE
B. Building Official position and duties: The office of Building Official is
created, and the Building Official, or his or her designated representative, is
authorized to administer and enforce all the provisions of this chapter and Codes
adopted by this chapter, and for such purpose shall have the power of a police
officer and shall hereby have the authority, as provided in Section 3.a of the
California Penal Code, to male arrests and issue citations for violations of the city of
Arroyo Grande Municipal Code. Citation authority is granted for violations which,
under city ordinances, constitute infractions or misdemeanors.
SECTION 19. AGIVIC Section 15.04.050, entitled "Director of wilding and Fire — Office
created — Powers and duties ", is hereby re pealed in its enti
SECTION 20: Section 15.04.052, entitled "Time Limit of Permit Application ", is hereby
added to the AGIVIC as follows:
15.04.052. Time Limit of Permit Application.
An application for a permit for any proposed work shall be deemed to have
been abandoned 180 days after the date of filing, unless such application has
been pursued in good faith or a permit has been issued; except that the building
official is authorized to grant one or more extensions of time for an additional
period not exceeding go days each. The extension shall be requested in writing
and justifiable cause demonstrated. In order to renew action on an application
after expiration, the applicant shall resubmit plans and pay a new plan review
fee.
SECTION 21: section 15.04.054, entitled "Permit Expiration is hereby added to the
AG I C as follows:
15.04 *054. Permit Expiration.
A permit shall become invalid if the proposed development is not
commenced within 180 days after its issuance, or if the work is suspended or
abandoned for a period of 180 days after the work commences. Extension shall
be requested in writing and justifiable cause demonstrated. The building official
is authorized to grant, in writing, one or more extensions of time, for periods not
more than 180 days each.
SECTION . Section 15.04.056, entitled "Refunds is hereby added to the AGIVIC as
follows:
15.04.056. Refunds.
The building official is authorized to establish a refund policy and may
authorize refunding of any fee paid hereunder w hich was erroneously paid or
collected in accordance with this section. The building official may authorize
refunding of not more than 80 percent of the permit fee paid when no work has
Agenda Item 11.a.
Page 14
ORDINANCE No,
PAGE 1
been done under a permit issued in accordance with this code. The building official
may authorize refunding of not more than 80 percent of the plan review fee paid
when an application for a permit for which a plan -review fee has been paid is
withdrawn or canceled before any plan reviewing is done. The building official Tall
not authorize a refund of any fee paid except on written application filed by the
original perrnittee not later than 180 days after the date of permit fee pa yment.
SECTION 3: Within fifteen 1 days after passage of this Ordinance, it shall be
published once, together with the names of the Council Members voting thereon, in a
newspaper of general circulation within the City.
SECTION : This Ordinance shall take effect and be in full force and effect thirty 30
days after its passage.
SECTION : If any section subsection, sentence, clause, or phrase of this Ordinance
is for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the
ordinance would be subsequently declared invalid or unconstitutional.
On motion of Council Member
and on the following roll call vote to wit:
, seconded by Council Member r
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this day of t 2010.
Agenda Item 11.a.
Page 15
ORDINANCE ISO.
PAGE 'I 1
TONY FEIAFA, MAYOR
ATTEST,
KELLY WETMO E, CITY CLEFT
APPROVED AS TO CONTENT:
T:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Agenda Item 11.a.
Page 16
ORDINANCE NO.
PAGE
EXHIBIT "A"
Pursuant to California Health and safety Code Sections 17958.7 and 18941.5, the City
of Arroyo Grande "City" hereby modifies and make amendments to the California Fire
Code,the California Building Code, and the California Residential Code as further set
forth in the attached ordinance (collectively referred to herein as "Amendments"), which
Amendments are more restrictive in nature than those found in those sections adopted
by the State of California and are based on the local climatic, geological, or
topographical conditions and findings (collectively "Findings" ) referenced hereinbelow.
The Amendments, address the fire problems and building problem(s), concern(s), and
future directions, by which the City can establish and maintain an environment which
will afford an adequate legal of fire and life safety protection to its citizens and guests.
The Findings contained herein shall address each of the Amendments and shall present
the local situation, which either singularly or in combination, create the need for the
Amendments to be adopted.
CLIMATIC:
Climatically, the City has dry warn summer and early fall conditions as well as
moderate late fall and winter conditions) with dry winds which remove moisture from
vegetation. Further, the City frequently experiences Santa Ana grind conditions which
e fire hazards and potential spread of fire within the area, both In rural and
urban settings.
Coastal ground fog is a common occurrence. This climatic condition could
obscure vision, compromising early detection of fire as well as impedes radio
deployment of fire equipment to and at the scene of the emergency.
G EOGRAPHIC:
Geographically, the City is located in an area prone to frequent seismic activity which
has a high potential for large scale, simultaneous building and infrastructure damage,
including fire. A major seismic event would create a community-wide demand on fire
protection services, which would be beyond the response capability of the Fi
Department. This potential problems can be partially mitigated by requiring initial fire
control through the installation of automatic fire protection systems. Further, the City
has numerous older and historic buildings and structures w hich can often fail due to
moderate seismic activity. Additions, alterations and repairs of these antiquated
structures need to be properly addressed.
Additionally, the many foothills and surrounding mountains are prime sites for residential
development. These hillside residential sites, together with isolated rural and semi -rural
settings of the city, create difficult conditions in which to provide immediate fire
response.
Agenda Item 11.a.
Page 17
ORDINANCE No.
PAGE 1
The City is heavily vegetated throughout and encourages native wildlife protection and
enhancement. As the community is developing and housing densities increase, the
planting of shrubs and trees and other landscape is encouraged to beautify and
enhance City living conditions. However, this increased density results in much higher
fuel loads and together with increased planting, and when combined with native
vegetation, significantly increases fire hazards and fire spreading from one dwelling or
structure to another.
TOPOGRAPHIC:
The topographic element of these findings is closely associated with the geographical
elements noted above. While the geographic features create the topographic conditions,
the findings in this section are, for the most part, a result of the construction and design
of the City.
Highway 101 completely traverses and bisects the City. There are only three
over /underpasses allowing access to either side of the City. These physical barriers
create significant barriers to emergency response.
With limited parking and as the community grows and commercial activity increases in
the City delivery and other vehicles tend to double park. When added to already narrow
streets, cars parked on the sides of streets and traffic congestion (especially around
rush hour, emergency response tires are highly affected.
The City encourages and emphasizes affordable housing development. This creates
buildings that provide minimum required clearances between structures and maximum
um
allowable height. Although these buildings are built with more stringent standards, the
reality is that this type of development creates significant barriers in terms of access and
fuel load for fire fighting purposes.
Agenda Item 11.a.
Page 18
N ftRO y6
A.
4INCORPORATED 7-
\JULY 10. 1911 J
S4
MEMORANDUM
TO: CITY COUNCIL/REDEVELOPMENT AGENCY BOARD of
DIRECTORS
FROM: ANGELA KRAETSCH, DIRECTOR of ADMINISTRATIVE SERVICE
SUBJECT: FISCAL YEAR 2010 -11 FIRST QUARTER BUDGET STATUS REPORT
DATE: NOVEMBER 2, 201
RECOMMENDATION:
It is recommended the City Council /Agency Board approve Carryover Appropriations as
shorn on Schedule A and approve budget adjustments and recommendations as listed in
the (quarterly Financial Report and shorn on Schedule A.
FINANCIAL IMPACT:
The General Fund ending balance , Trill be impacted by the approval of the recommended
revenue and appropriation adjustments as follows:
Estimated Fund Balance 6/30/2010:
Net Carryover Appropriations
Available Fund Balance 7/1/2010
Net Council Approved Adjustments
Net Proposed Adjustments
Total Decrease to General Fund Balance
Adjusted Fund Balance 6/30/2011
$3,234
L82,2ue.
31152,622
(372,841)
59,696
( 313,145 )
$ 2 1 83 - 9 P 477 !
Because some projects, operations, and orders are not complete by the June 30 year -end
close, it is common for the projected fund balance to be reduced by expenses (carryovers) to
be paid in the current fiscal year.
BACKGROUND:
Each year, the City Council /RDA DA Board of Directors adopts a budget, which commits
resources to the accomplishment of its policies. The Administrative Services Department
routinely prepares quarterly budget updates for the City Council /FDA Board.
Agenda Item 11. b.
Page 1
CITY COUNCIL/RDA BOARD OF DIRECTORS
CONSIDERATION OF FIRST QUARTER BUDGET STATUS REPORT
NOVEMBER 23, 2010
PAGE 2
The purpose of the City's First Quarter budget review is to:
Provide a reconciliation of the expected and actual year -end General Fund Balance for
Fiscal Year 201 0 -11.
Recommend the re- appropriation (carryovers) of prior year budgets for services /products
that were begun, but not completed as of .dune 30, 2010.
Conduct a review of city funds to recommend budgetary changes to address known
ern
budget deficiencies.
Identify budget changes that materially impact fund balances.
ANALYSIS of ISSUES:
The General Fund Fiscal Year 2009-10, Fund Balance as of ,June 30, 2010 is $3,234,884.
The projected available General Fund Balance for the current fiscal year is approximately
$2,838,477, The projected General Fund balance is approximately 21% of
appropriations.
Carryover appropriations from FY 2009-10 are reported on Schedule A. Carryover
budget amounts are unused appropriations in the 2009 -10 Fiscal Year added to the 2010-
11 Fiscal Year. The carryover appropriations are for items or projects that began the
purchase process, but were uncompleted by June 30, 2010.
o The proposed budget adjustments include a net of $82,282 for carryover appropriations in
the General Fund.
0 The proposed budget also includes carryover appropriations of $10,122,403 for various
Capital Improvement Projects clP in the CIP fund, $176,794 carryover in the RDA set
Aside Fund for the Transitions project, $71,828 carryover in C BG funds, and $189,877
carryover of COPS funds for ongoing communication upgrades.
0 The proposed budget adjustments include the following new appropriations requested by
staff, which are explained in more detail in the attached Budget report:
1. General Fund — a net increase in revenues of $72,898 and an increase of
$13,000 in expenditures;
2. Local Sales Tax Fund - $14,'141 expenditure increase to fund the West
Branch Street project;
3. Redevelopment Agency Fund - $200 expenditure increase in personnel
transfers due to actual salaries being different from those estimated in the
FY 2010-11 budget
4. Redevelopment Set Aside Fund — an increase of $100 for personnel
transfers;
5. Sewer Fund - $4,400 decrease in personnel transfers:
6 eater Fund - $7,700 decrease in personnel transfers.
Agenda Item 11. b.
Page 2
CITY COUNCIL /RDA BOARD OF DIRECTORS
CONSIDERATION OF FIRST QUARTER BUDGET STATUS REPORT
NOVEMBER 23, 2010
PAGE 3
7. Traffic Congestion Fund - $176,570 decrease in revenue and $100,000
de in expenditures.
8. Streets Fund — Increase in revenue of $158,455 and decrease in transfers-
in of $230,500.
ADVANTAGES:
Staff conducted a review o f City funds and is recommending minimal budgetary changes to
the adopted budget. 1 eserves will be above the General Fund 15% policy rn in im um at 21 %.
DISADVANTAGES:
Departmental budgets continue to be constrained.
EN 11ROMENTAL REVIEW:
IEW:
No environmental review is req u i red for this item
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City HaII on Thursday, N ovem be 18 2010. The
Agenda and report were posted on the City's website on Friday, November 19, 2010. No
public c omments were received.
Attachments ):
Quarterly Financial Report
0 General Fund — Fund Summar
0 Schedule A — Fund Balance - Control
Agenda Item 11. b.
Page 3
4 CITY OF
LIF RNIA Jr c
Quarterly Financial Report
First Quarter of Fiscal Year 2010 -11
OVER HEW
This report summarizes the City's overall financial position for
the fiscal year through September 1. Except as noted
below, revenues and operating expenditures are generally on
target based on the updated budget for the first quarter.
Adjusted Budgets: The revenue projections and budgets
include the adjustments for encumbrances, carryovers, and
expenditures that are included in this report.
Mid-Year Review: The City's overall revenue and
expenditure picture will be discussed in greater detail during
the Mid -Year Budget Review - scheduled for Council
consideration in February of 2011.
I" Quarter - Current
Fiscal Year
Top Ten Revenues
Current
B
YTD Acbmi
%
Pro22rty Tare
3 3881 300
56,588
2 ° 0
Triple Flip - Sales Taut
761,318
-
0 0
Tn le Flip - VLF
1
-
NO
Sales Tax
21300,000
216,499
9 ° l0
200,632
500 OC 0
96,213
19 1 D/o
Franchise Tax
588,468
37,336
6%
BuikJng Pemits
145,000
25,88
18°
29,714
30,000
6,497
28%
Children in lotion
412,000
69,475
17 0
Telecommunication site
leases
1 192,0001
7,fi68
30°10
T
9,551 1 79
568
6°
GENERAL FIND
With 25% of the year complete, General Fund revenues are
relatively the same as the prior year at 11% and expenditures
are at 24 %. The projected General Fund balance will be
approximately 21% of appropriations if year end expenditures
finish at 100% and revenues are received as budgeted.
General Fund Balance Budget Y I Actual
Revenues 13 1 110
Expenditures 13, 30,361 3 24
Beginning Fund Balance 3,234
Ending Fund Balance 2 21 %
Top Ten Revenues: The top ten revenues account for 2% of
the General Fund revenue. - Highlighting these provides a
better understanding of the City's revenue position. Although
there are fluctuations among revenue line items, the overall
percentage is at %, which is same as the prior year. Any
significant variances are noted on the next page.
1" Quarter - Prior Fiscal Year
Agenda Item 11. b.
Page 4
Current
YT D
Top Ten Revenues
Bud et
Actual
%
Pro rty Tax
3,527,415
62,698
1
Triple Flip - Bales Tax
530,063
0%
Tri le Flip - VLF
1 237,622
-
0%
Sales Tax
2,306,300
200,632
3
TOT
4 50 , 000 1
37,711
19%
Fran ch i a Tax
660,000
36,622
%
Building Permits
145,000
29,714
20%
V LF
30,000
9,683
32%
C hildren in Motion
422,000
37,438
21
Telecommunication
site leases
175 000
55,585
32%
Total 1
1 9
560 -083
6%
By comparing the YTD prior year revenue to the
current YTD revenue we can see are overall increase
of 1% as shown on the table on the following
page:
Agenda Item 11. b.
Page 4
O uarterli Financial lie ort First Ouarter of Fiscal Year 2010 -11
Comparison of victual YTD Revenue to Prior YTD Revenue
I Tap Tern Revenues
YTD Actual
I TD Prior
Year
Irrrea W
Decrease
°
Prop2dy Tax
56588.
52,698
3,8 90
7%
Triple Flip - Sales Tax
-
-
_
0
Trl le Flip -1LF
-
-
_
0°
Sales T
216,499
209,632
15,867
8°
I TOT
95213
87,711
8,502
10%
Franchise Tax
37,336
35,622
714
.°
Bulling Permits
25,885
29,714
(3,829)
-13°
VLF
8,497
9,683
1,186
-12%
Children in Mo(ion
6 9,4 75
87,438
(17
-21%
Telecommunication ske
leases
57,668
55 585
2,083
4%
Total
568
56Ii, 8
8
1CIO
Comparison of 1st Qtr Current Year Budget to Prior Year
Budget
To Ten Revenues
YTD Bud t
YT1 Prior
Yr Budget
Increase/
Decease
%
Pmperty Tax
3,388 DO
3, 27
('139,115)
-4 0 /4
Triple Flip - Sales Tax
761318
53D
231,255
4 0
Tri e Flf - VLF
1,234 71 O
1237,622
2,912
M
Sales Tax
2
Z306
(6,300)
TOT
500,000
450
5 00P
11 0
Fra x h ise Tax
5BA468
660,000
(71,532 )
-11
BuM rig Perryirc
145,W0
145,000
0
Mi
LF
30, ODO
30
0
O+°
Children in Mahon
41ZODO
422
1000
-2°
Telea rnmunication site
leases
19Z ODO
175,OOD
17,000
1 '
Tatar)
%561
%48MW 1
681396
10
• Property tax - The City receives the majority of its
property tax revenue in December and April. Staff'
received the 201 0 -1 l estimated property tax numbers
from the County on September 17, 20 10. Based on the
County's estimate it is recommended that property tax
be increased by $15,000. The above budget of
$3,388,300 reflects the recommended adjustment. This
line item is showing a % increase in revenue when
compared to the prior year.
• Sales Tax - Sales tax is higher than the prior year
due to a higher clean -up payment received in
September for the period of May 14th - August
13th. The Board of Equalization computes
the monthly advances using a fonnula based on
prior year receipts and estimated growth. The
BOE then reconciles the actual receipts against the
advances and this results in the clean -tip payment
that the City receives. Sales tax is lower than 25%
due to only receiving one month of revenue at first
quarter.
• 'Transient Occupancy Tax (TOT) - Several of
the hotels reported a slightly higher TOT than in
the prior gear. The TOT revenue is only for July
and August, as September's TOT is received in
October. As of this report this line item is at %.
• Building Permits - Building fees are showing a
slight decrease at 1" Quarter when compared to the
prior year. This is due to the walnut Grove
housing tract pulling several permits in the prior
year. Staff will continue to monitor these revenges
and update Council at Mid Year.
• Franchise Tax - There is a small increase in this
line item. However, staff received notice from
Charter communications that several customers
were incorrectly allotted to the City of Arroyo
Grande and they should have been allotted to the
County. This will result in a reduction of $76,532
in order to reimburse the County. This is below
25% due to the fact that the City receives franchise
payments from Charter Communications, PG&E
and Conoco Phillips on a quarterly and annual
basis.
•
Telecommunication site leases - This revenue
includes $9,780 of prepayments for the month of
October. This line item is at 0% duce to the
prepayments. Actual July thru September revenue
is t 25%.
9 Triple flip - Sales tax: This revenue is received in
February and May. The FY 2010-11 budget for this
line item was $650,000. Staff was notified by the
County of the actual amount to be received of
$761,318. Staff is requesting an increase in this line
item of $111,318.
• Triple flip - VLF: This revenue is received in
February and May. Staff is requesting an increase
in this line item of $34,710 based on the actual amount
to be received per the County of San Luis Obispo.
2
Agenda Item 11. b.
Page 5
Qua rt e rty Financial Reiport
Expenditures: Operating costs are on target for the first
quarter as summarized below:
Expenditures by Type Budget YTD Actual %
Salaries and Benefits 9,292,907 2,097,844 22%
6u lies 250,292 33,002 13%
Services 2,224,818 546,635 2510
Other ope rafing costs 1,641 678,958 41%
Capital purchaws 210,493 43,301 21%
Total 13,630,361 3,308,740 24°/0
The ley variances "by type" are supplies and other operating
costs
1. Supplies are down due to the diligence of all
departments to contain their expenditures.
2. Other operating costs (Non-departmental shown
below) are higher due to the annual payment for the
City's Liability insurance of $417,715 made in July
2010.
Departmental operating expenditures are also on target as
summarized by the following:
Expenditures by
Department
Budg et
YTD Actual
%
i a na r
393,
90 ,576
20
F eta ree Healthcare
129,000
26,358
20%
City Clerk
304,326
67,770
22%
City Attorney
186,951
50,336
27%
Administrative Services
700,690
163,136
23%
IT
273,733
60,455
22%
Community Dev
461,242
161,159
22%
Police
5,942,218
1,366,369
%
Fire
79,948
47,11
590
Building Safety
240,365
51,009
21%
Public Works
719,713
138,667
19%
Pars and Rec
1
374,399
19%
Non-Departmental
2,145,129
637,393
39°
Total
1 13 530 361
3
4%
The main variances in departmental expenditures are in the
City Attorney, Fire, and Ikon- Departmental budgets. The City
Attorney variance is due to ongoing personnel litigation costs.
The Fire variance is due to the forming of the Five Cities Fire
Authority. The Non - Departmental variance is due to the
annual payment for liability insurance of $417,715 made in
July 2010.
First Ouarter of Fiscal Year 010 -11
FIRST QUA RTER A D TMENT'S
Council approved budget adjustments:
On June 8,, 2010, the Council approved the .Vint
exercise of powers agreement with the City of
Grover Beach and the Oceano Community
Services District to form the Five Cities Fire Joint
Powers Authority FFA. This moved all fire
related revenues from the General Fund to the new
Five Cities Fire Authority Fund and a contractual
services payment was established in the General
Fund for the City's portion of the FCFA payment.
On June 22, 2010, the Council approved the Third
Quarter/Budget Update report. In that report staff
addressed a projected shortfall of $693,000
through a combination of utilizing reserves that
were originally allocated to the new City Hall
building, adjusting revenue projections and
reducing expenditures.
On August 10, 2010, the Council approved the
City's Cost Allocation plan which increased
General Fund revenue by $47,000. In addition,
Council approved the modification to the
Neighborhood Services program which increase
expenses by $5,000 in over to increase part- time
staffing hours.
On September I, 2010, Council approved the
appropriation of $7,000 for Information
Technology managed systems and work
management system braining. Council also
approved the Sales Tax report which increased
Police expenditures by $8,000 for grading of the
Bring range. This is offset by revenue from the
Sales Tax Fund.
Requested Budget Adjustments:
Staff' is making the following recommendations:
1. Property tax revenue to be increased by $15,000.
2. Increase Triple Flip Sales tax revenue by
$111
Increase Triple Flip VLF tax revenue by $34,710.
4. Decrease of $11,800 in personnel transfers. Actual
salaries were lower than estimated when preparing
the FY 2010-11 budget.
3
Agenda Item 11. b.
Page 6
Quartcrly Financial Report First Quarter of Fiscal Year 2010 -11
5 .
Increase of $3,000 in Parks part -tithe salaries in order
to increase maintenance staff an additional four hours
per week.
does not yet meet the City Council's goal of 60 days of
operating expenses plus $500,000. However, it continues
to represent steady progress toward accomplishing this
goal.
6.
7.
8.
Increase of $10,000 in the Information Technology
budget for the purchase of a new copier.
Decrease o f $76,532 in Franchise revenue due to an
error made b Charter C ommunications. As mentioned
earlier, customers were incorrectly listed as residing in
the City of Arroyo Grande when they were actuall y
County residents.
Carryover expenditures of $228,551 and carryover of
revenues of $146,288 (QT'S Avoid the 14 DUI grant).
These include $8,777 in Legislative and Information
Services expenditures, $7,702 in City Attorney
expenditures, $474 in IT equipment, $30,308 in Fire
expenditures, $1,632 for the Parks and Recreation
department, $1,500 in City Manager expenditures and
$31,870 in Police expenditures and $146,288 in OTS
Avoid the 14 DUI grant expenditures (these are offset
by a carryover of grant revenue).
Adjustments equal a net total expenditure increase of $241,551
(which includes the $228,551 in carryover expenditures) and
total revenue adjustments equal a net increase of $218,984
which includes the carryover revenue of $146,288).
The projected y ear -end fund balance is currently at 21 %. This
would be above the City Council Fund Balance policy
minimum of 15 %. Staff is continuing to work with the
departments to achieve additional savings. The current budget
leaves little to no flexibility within departmental budgets and
will require departments to closely monitor their budgets to
maintain ongoing expenditures.
.FOCAL SALES TAB FUND
Local Sales 'Tax Fund: The Sales Tax Fund had a beginning
fund balance of $1,765,542. On September 14, 2010, Council
approved the Sales Tax Report appropriating $3,052,019 in
expenditures. Staff is requesting an additional appropriation
of 514,141 to fund the West Branch Street. This was left off
of the Sales Tax report in error. The projected ending fund
balance is S313,022 or 10% of appropriations.
OTHER FUNDS
Sever Fund: The Sewer Fund ended the 2009-10 Fiscal Year
with a fund balance of $48058. Staff is requesting a
reduction of $4,400 in personnel transfers. The estimated
ending fund balance for the Sewer Fund is $126,060. This
Water Fund; The Water Fund reports a fund balance of
$2,682,124 at the end of fiscal year 2009-10. Staff is
requesting a reduction of $7,700 in personnel transfers.
The estimated ending fund balance in this fund is
$1,O5 3 ,160. This will just meet the City Council's goal of
60 days of operating expenses plus $500,000. However,
due to water conservation efforts and are increase in
foreclosures the revenue in this Fund has dropped
dramatically. Staff will continue to closely monitor this
fund.
Transportation Fund: In August of 2010, the San
Luis Obispo Council of Governments LG
approved the Transportation Development Act JDA
funds. The amount that the City will receive is $98,514.
This is $157,917 lower then estimated in the FY 201 -11
budget. The difference will be paid with Sales Tax
Funds and the amount was included in the Sale Tax
report adopted by Council.
Water Neutralization Fund (Water Conservation):
The Water Neutralization Fund has a beginning fund
balance of $542,423. On June 22, 2010, Council
approved the appropriation of an additional $245,900 as
part of the budget update report. The projected ending
fund balance for Fiscal Year 2009 -1 is $226,123.
Water Facility Fund: The Water Facility Fund has a
beginning fund balance of $876,444. Currently, there is
$492,000 budgeted for capital improvement projects and
$336,640 in carryovers for ongoing projects. The
projected ending fund balance for Fiscal Year 2009 -1 o is
$??,805.
Redevelopment Agency Fund: The Redevelopment
Agency (RDA) Fund has a beginning Fund balance of
$695,652. Staff requested an increase in appropriations
of $88,700 for the State required FFAF (educational
revenue augmentation funds ) payment in the Budget
Update report. In addition, staff is requesting an increase
of $240 for personnel transfers. The projected ending
fund balance for this fund is $51,851.
Redevelopment Agency Set Aside Fund: The
Redevelopment Set Aside Fund has a beginning fund
balance of $1,48 The projected ending fund
balance in this fund is $937,527. This fund includes a
carryover of $176,794 to provide a forgivable loan to the
Agenda Item 11. b.
Page 7
uart Financial Revort First Ou of Fiscal Year 2010 -11
Transitions Mental Health Association. Staff is also
requesting an increase of S100 for personnel transfers.
Lopez Fund: The Lopez Fund reported a beginning fund
balance of $3,597,943. The Water and wastewater Study that
was approved by Council on ,Tune 23, 2009 calls for this
balance to be slowly drawn down over the next five years in
order to reduce Lopez fee increases. The estimated ending
fund balance in this fund is $3,315,805. In addition, the
County is currently in the process of refunding the current
Lopez bonds at a lower interest rate which will lower
expenditures going forward.
Downtown Parking Fund: This Fend has a beginning fund
balance of $137,940. There is currently $91,802 budgeted for
the Car Corral project and $48,820 budgeted for the Le Feint
Street parking lot.
Traffic Congestion Relief Fund: Due to recent legislation,
the State is replacing Prop 42 funds with a new excise tax
which will go directly into the Streets Fund. This will
decrease the estimated revenue in this Fund by 17,570 and
decrease the expenditures by $100,000. The estimated ending
fund balance is $91,230.
Streets Fund: The estimated increase in revenue is $168,486
due to the new excise tax explained above. Due to the new
funding received, the budgeted transfers -in will decrease by
$230,600. This amount was originally budgeted from the
Sales Tax Fund. However, the correct transfer amount was
included in the Sales Tax Deport presented to the Council in
September. This fund is projected to have a zero fund
balance.
CIF: Staff is requesting an increase in expense recovery
revenue of $70, a decrease of $30,673 in developer
contributions that was budgeted twice, the decrease of 5 for
a project that is completed, and an increase of $58,881 in
Water Availability funds for the water well #10 project. In
addition, staff is requesting a transfer of $57,000 from savings
from the west Branch Street project to the City hall project
primarily for cabling and improvements to the network server
room to accommodate relocation of the City's computer
equipment to the new building.
6"
4
Agenda Item 11. b.
Page 8
Z
G ENERAL UN - FUND SUMMARY
FUND: 010 GENERAL FUND
FISCAL YEAR 2008-09
BIENNIAL BUDGET
2006-07
2007-08
ORIGINAL
AMENDED
2009-10
2010-11
REVISED
ITEM
ACTUAL
ACTUAL
BUDGET
BUDGET
ACTUAL
ACTUAL
BUDGET
gm = Fund Balance
2
l f8 8,404
21042,38
20042,389
1042f341
J911
�I52t622
Revenues.
Revenues
11,864,263
12,304,755
13,424,285
12,425 { 973
12,106,
11,768,219
10
Transfers In
1,263,951
1 1 901,942
2
2
2
2,293,
2 1 320,300
Total Revenues
13,128,
14,206
15,427,885
14, 647,356
14,
14,061,667
12 { 988,666
Expenditures:
Salaries an Be nefits
10,719
11, 130,548
11, 586,190
11
10, 848,358
10,289
9, 202,907
C urrent Expenses
2
2,599,428
2,867 { 620
2564,590
2 1 378508
2 { 704
3,826,444
Debt Service
25, 068
12,534
-
124,680
122,501
133,750
160, 180
Equipment Re pl acement
288,336
204,406
274,280
285,640
718,887
232,210
112,280
Transfers Out
(280,880)
20,990
60,700
203,119
104,881
-
-
Capital Transfers
140,286
4,806
38,700
-
-
-
-
TOtal Expenditure
13,678,890
13,972,712
14
14
14,173,135
13,018,327
13,301,811
Total Opera Increases (Decreases)
(5, 0,674)
233,985
600,395
{47,894}
149,155
1,043,340
- -- 313,14
Audit Adjustments t Fund Balance a-a ace
-
_ -
-
_
_
I -
Total Adjustments to Fund B alance
550,674
233,985
600,39
47,894
149,155
1,043,340
313,14,E
En ding Fund B alance
1,808 1 404
2,042,389
2,642,784
1,994,495
2
3,234,884
2
.l.i
Reserve for Carry -O ve r of App ro p riations
(195, 892)
(89,561)
(82,262)
-
CL
-
/rt
Avail F Balance
1
1,952
2,
1,994,495
2
3,152,622
2,839,
V
Z
City of Arroyo Grande
Fund Balance m Control
All Fund Ope rating Bu dget
2010/11 Adopted Budget
Schedule
I
ii
0
t�
\V �
O Cr
■
Estimated
Total
Unreserved
Fund Balance Original Adjustment Operating Operating
July 1, 2010 Revenues to Revenues Transfer In Transfer Out
Estimated
Total
Unreserved
FY 2009 - Budgeted Adjustments to Fund Balance
C arryovers Appropriations Appropriations June 30, 2011
G eneral Fun
010 General Fund:
$3,24
$10,843,670
($29,01£ ) _
$2,320,300
$0
$228,
$13,833,.880
{$532,070}
$2
Special
Revenue Funds:
210
Fire P rotecti on Impact Fees
$22,632
$12,700
$0
$0
0
0
$0
0
$35,332
211
Public Access Television
68,224
47,000
(14,650)
0
0
0
36,000
0
64,574
212
Police Protection Impact Fees
50, 776
1,700
0
0
0
0
0
0
52,476
213
P Development Fees
681,511
35,000
0
0
254,7
0
0
0
461,811
214
Park Improvement Fee's
341,625
20,400
0
0
290,330
0
0
0
71,695
215
Recreation Comm C enter
37,432
1,800
0
0
15,000
0
0
0
24,232
21
O rate Lane Assessment District
39,981
9
0
0
0
0
5
0
44,481
217
Landscape Maintenance District
25,025
6 1 800
0
0
3,300
0
3,800
0
24,725
218
Local Use Tax Fund
1,765,542
1,613,625
0
0
2,960,645
0
144,700
(39,200)
313,022
219
Parks Assessment District
232,059
58,700
0
0
3,600
0
8,000
0
279,159
220
greets
0
294,500
168,486
271,600
0
0
796,700
(62,114)
0
221
Traffic Congestion Relief
90,230
177,570
(176,570)
0
0
0
0
0
91,230
222
Traffic Signal
393,273
10,000
0
0
25,000
0
0
0
378,273
223
Traffic Circulation
24,910
2
0
0
0
0
0
0
26,910
224
Transportation Facility Impact
2,740,579
55,000
0
0
2,441,218
0
0
0
354,361
225
Transportation
0
256, 431
(157,917)
0
90,400
0
7,000
1,000
114
226
Water Neutralization atioyn Impact
542,
26,400
0
0
45,000
0
51,800
245,900
226,123
230
Construction Tat
3,190
0
0
0
0
0
0
0
3,190
231
Drainage Facility
2 } 029
600
0
0
0
0
0
0
2
232
In -Lieu Affordable Housing
928 } 030
300
0
0
0
0
0
0
928,
233
In-lieu Underground round Utility
101,815
0
0
0
0
0
0
0
101,815
241
Water Availa Fun
1,838 } 532
41,000
0
0
451,572
0
0
0
1,427,359
250
CDBO Grant Funds
0
0
71,625
0
0
71,625
0
0
0
271
State COPS Block Grant
191,611
101
0
0
0
189,877
100,000
0
2
284
R e d evelopment Agency
695 { 652
1,118,000
0
0
946,072
0
727,020
88,710
51,851
285
Redevelopment Set Aside
1 } 948,771
340,000
0
0
39,70(}
176,794
1,134,750
0
937,527
Total Special Revenue F
$12,715,853
$4,230 } 026
(109,026)
$271,600
$7,566
$438,296
3,014,770
$234,296
$5,904,554
City of Arroyo Grande
Fund Balance - Control
All Funds Operating Budget
2010/11 Adopted Budget
Schedule
I
/Y
CL
i)
/rt
/Y
Cr
Grand Total All Funds
$24,111,515 $28,162,996 $3,575,486 $12,932,177 $12,932,177 $10,789,250 $30,961,49 $434,071 $13,665,248
Estimated
Estimated
Total
Total
Unreserved
Unreserved
Fund Balance
Original
Adjustment
Operating
Operating
FY 2009 -10
Budgeted
Adjustments to
Fund Balance
July 1, 2010
Revenues
to Revenues
Transfer In
Transfer Out
Sm overs
ApproLnations
Appro nationsl
June 30, 2011
CapiW Pr Eject Funds:
350 Capital Improvement Fund
$0
$5,670,000
$3,713528
$10,340,277
0
$10,122,403
$8,7835M
$817,902
0
Total Capital Project Funds
0
$500,000
$3
$10,340,277
0
$10,122,403
$8
$517,902
0
l i
i.rn € se Funds:
612 Sewer
$484,658
$978,000
$0
$0
$1,019,
0
$315,600
$1,654
$126,060
634 Sewer Facilit
331,668
12,000
0
0
0
0
0
0
343,668
640 Water Fund
2 } 682,124
3,532,900
0
0
3,032,63,E
0
2,106,960
22,269
1
641 Lopez Water
3,597,943
2,854,800
0
0
34 ,aM
0
2
(109,980)
3
642 Water Faclity
876,444
30,000
0
0
828,640
0
0
0
77,805
Total Enterprise Funds
$7,972,838 w
$7,407,700
$0
0
$5
0
$5,326,178
($86,057)
$4,916,498
Trust an e M Fund:
751 Downtown Parking
$137,940
$11,600
0
$0
$141,722
$0
$3,100
$0
$4,719
Total Trust & Agency Fend
$137,940
$11,600
$
0
$141,722
0
$3,100
$0 "
$4,719
I
/Y
CL
i)
/rt
/Y
Cr
Grand Total All Funds
$24,111,515 $28,162,996 $3,575,486 $12,932,177 $12,932,177 $10,789,250 $30,961,49 $434,071 $13,665,248
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Agenda Item 11.b.
Page 12