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Agenda Packet 2001-05-22CITY COUNCIL AGENDA Michael A. Lady Tony M. Ferrara Thomas A. Runels Jim Dickens Sandy Lubin Mayor � Mayor Pro Tem Council Member Council Member Council Member ��� cYiSG�i2CLPi Steven Adams Timothy J. Carmel Ketly Wetmore NOTICE OF CITY COUNCIL SPECIAL MEETING Tuesday MAY 22, 2001 6:15 P.M. Arroyo Grande City Council Chambers 215 East Branch Street, Arroyo Grande AGENDA 1. ROLL CALL City Manager City Attorney Director, Administrative Services 2. PUBLIC COMMENT on Special Meeting Agenda Items. Members of the public wishing to address the Council on any item described in this Notice may do so when recognized by the Presiding Officer. K? GiTY COUNCIL CLOSED SESSION: a. PUBLIC EMPLOYMENT pursuant to Government Code Section 54957: Title: Assistant City Engineer � 5. b. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957: Titl.e: City Manager RECONVENE TO OPEN SESSION: Announcement of reportable action from closed session, if any. _ � Ii111:��I►��I���M c:closedsession.agenda.052201. CITY COUNCIL AGENDA Michael A. Lady Tony M. Ferrara Thomas A. Runels Jim Dickens Sandy Lubin Mayor � Mayor Pro Terr� Council Member Council Member Council Member �C� �/ , - „ „- Steven Adams City Manager Timothy J. Carmel City Attorney Kelly Wetmore Director, Administrative Services AGENDA SUMMARY CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TUESDAY, MAY 22, 2001 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. 5. 5.a. 5.b. 6. 6a. 7:00 P.M. COUNCIURDA ARROYO GRANDE LIONS CLUB INVOCATION PASTOR ROBERT UNDERWOOD FIRST UNITED METHODIST CHURCH, ARROYO GRANDE SPECIAL PRESENTATIONS: Proclamation - Public Works Week Proclamation — Nan Fowler "Small Business Advocate of the Year" AGENDA REVIEW Move that all resolutions and ordinances presented tonight be read in title only and all further readings be waived. AGENDA SUMMARY — MAY 22, 2001 PAGE 2 7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS: Persons in the audience may discuss business not scheduled on this agenda regarding any item of interest within the jurisdiction of the Council. The Council will listen to all communication; however, in compliance with the Brown Act, will not take any action on items that are not on the agenda. Upon completing your comments: ♦ You may be directed to staff for assistance; ♦ A Council Member may indicate an interest in discussing your issue with you subsequent to the Council meeting; ♦ The Council may direct staff to research the issue and subsequently report back to the Council (generally in the form of a memorandum or staff report); or ♦ No action is required or taken. 8. CONSENT AGENDA The following routine items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action. The City Council may approve the remainder of the Consent Agenda on one motion. 8.a. Cash Disbursement Ratification (SNODGRASS) Recommended Action: Approve the listing of cash disbursements for the period May 1, 2001 through May 15, 2001. 8.b. Cash Flow Analysis/Approval of Interfund Advance from the Water Facilitv Fund (SNODGRASS) Recommended Action: Receive and file April 2001 Cash Report and approve the interfund advance from the Water Facility Fund to cover cash deficits in other funds as of April 30, 2001. 8.c. Fiscal Year 2000-01 Appropriation Limit (SNODGRASS) Recommended Action: Adopt Resolution establishing the appropriation limit from tax proceeds for Fiscal Year 2001-02. 8.d. Rejection of Claims Against Citv (WETMORE) Recommended Action: Reject claims submitted by R. Harris; F. Wolf; and Ride- On Transportation. 8.e. Aparoval of Minutes (WETMORE/DAVIS) Recommended Action: Approve minutes as submitted for the Special City Council Meeting of May 8, 2001; Regular City Council Meeting of May 8, 2001; Adjourned Regular City Council Meeting of April 30, 2001; and Regular City Council Meeting of April 24, 2001. AGENDA SUMMARY — MAY 22, 2001 PAGE 3 8. CONSENT AGENDA (continuedL 8.f. Temaorarv Use Permit Case No. 01-010: Authorization to Close Citv Streets. Use Citv Proaertv, and Waive Fees for the "Arroyo Valley Car Sho" on Saturday, July 28, 2001 (McCANTS) Recommended Action: Adopt Resolution authorizing the closure of City streets and the use of City property; and authorize the waiver of permit and police services fees. 8.g. Professional Services Agreement for Interim Community Develooment Director Services (ADAMS) Recommended Action: Approve Agreement with Kerry McCants to provide professional services as Interim Community Development Director through October 5, 2001. 8.h. Acceptance of Improvements for Parcel Map AG 99-0246 (SPAGNOLO) Recommended Action: Adopt Resolution accepting improvements, offers of dedication, and easements within Parcel Map 99-0246 located at 1047 Maple Street. 8.i. Authorization to Solicit Bids - Huasna Road Pavement Overlay. Project No. PW-2001-3 (SPAGNOLO) Recommended Action: 1) Find that the capital improvement project is categorically exempt from CEQA pursuant to Section 15301(c) and direct the Administrative Services Director to file a Notice of Exemption; and 2) Approve the construction plans and specifications and authorize the Public Works Department to solicit public construction bids for the project. 8.j. Disadvantaged Enterprises Program (DBE) for FFY 2001-02 (SPAGNOLO) Recommended Action: 1) Approve the submittal of the FFY 2001-02 DBE Program with "proposed" Overall Annual DBE Goal to Caltrans by June 1, 2001; 2) Direct the Director of Administrative Services to publish a public notice in accordance with Section XIV of the Program; and 3) Direct staff to retum to the Council with a summary of public comments and approval to submit the FFY 2001-02 DBE Program with "established" Overall Annual DBE Goal to Caltrans by September 1, 2001. 8.k. Communications Site Lease Agreements with Cox PCS Assets. LLC for FY 2001/02 (SPAGNOLO) Recommended Action: Approve and authorize the Mayor to execute two (2) Lease Agreements for use of approximately 288 square feet of property located at Reservoir #2 and 288 square feet of property located at Reservoir #4 as well as space on the water tank. 8.1. Award of Audit Service Contract (SNODGRASS) [COUNCIURDA] Recommended Action: Authorize the Mayor/Chair to enter into a three-year agreement, with three one-year extensions based upon satisfactory performance, with the firm of Moss, Levy & Hartzheim, Certified Public Accountants. AGENDA SUMMARY — MAY 22, 2001 PAGE 4 9. PUBLIC HEARINGS 9.a. Lot Line Adiustment Case No. 01-004 to Adjust Two Residential Lots at 823 and 841 Los Ciervos Street - Tract 1834. Apalied for by Greg Slowinski (MCCANTS) Recommended Action: Adopt Resolution conditionally approving Lot Line Adjustment Case No. 01-004 subject to the conditions of approval. 9.b. Conditional Use Permit Case No. 01-005 to Construct a Medical Office and Sur4erv Center and Lot Line Adjustment Case No. 01-001 to Reconfigure Six Lots into Four: 880 Oak Park Blvd: Applicant: Russ Sheppel (McCANTS) Recommended Action: 1) Adopt Resolution adopting a mitigated negative declaration, instructing the Director of Administrative Services to file a Notice of Determination, and approving Conditional Use Permit Case No. 01-005; and 2) Adopt Resolution approving Lot Line Adjustment Case No. 01-001, located at 880 Oak Park Blvd. 9.c. Urban Water Management Plan Update (SPAGNOLO) Recommended Action: Adopt Resolution approving the Urban Water Management Plan Update. 10. CONTINUED BUSINESS 10.a. Voter Aaaroval of Major Land Use and General Plan Changes (McCANTS) Recommended Action: Discuss concept of requiring voter approval and/or a 4/5 vote of the City Council for General Plan amendments and major land use changes and provide direction to staff. 10.b. Broadcasting City Council Meetings on Cable TV (ADAMS) Recommended Action: Receive information and provide direction to staff. 11. NEW BUSINESS 11.a. Authorization to Waive Application Fees for the Lighthouse Christian School Cherry Sale (McCANTS) Recommended Action: Consider request from Lighthouse Christian School to waive the fees for a Temporary Use Permit to conduct a cherry sale. 11.b. Time Extension Case No. 01-001 for Conditional Use Permit Case No. 98- 570; Quarterdeck Restaurant Expansion: 1500 W. Branch Street (McCANTS) Recommended Action: Adopt Resolution approving a one-year time extension for Conditional Use Permit Case No. 98-570. AGENDA SUMMARY — MAY 22, 2001 PAGE 5 11. NEW BUSINESS (continued): 11.c. Third Quarter Bud4et Report (SNODGRASS) (COUNCIURDA] Recommended Action: 1) Approve detailed budget adjustments and recommendations as shown on Schedule B; 2) Approve Schedules A through E included in the Third Quarter Budget Status Report; and 3) Approve(Deny) donation request from Ocean View Elementary School. 12. CITY COUNCIL REPORTS This item gives the Mayor and Council Members the opportunity to present reports to the other members regarding committees, commissions, boards, or special projects on which they may be participating. (a) MAYOR MICHAEL A. LADY: (1) South San Luis Obispo County Sanitation District (SSLOCSD) (2) Other (b) MAYOR PRO TEM TONY M. FERRARA: (1) Integrated Waste Management Authority (IWMA) (2) Air Pollution Control District (APCD) (3) Long-Range Planning Committee (4) Other (c) COUNCIL MEMBER THOMAS A. RUNELS: (1) Zone 3 Water Advisory Board (2) County Water Resources Advisory Committee (WRAC) (3) Other (d) COUNCIL MEMBER JIM DICKENS: (1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORTA) (2) Community Recreation Center Subcommittee (3) Economic Opportunity Commission (EOC) (4) South County Youth Coalition (5) Other (e) COUNCIL MEMBER SANDY LUBIN: (1) South County Area Transit (SCAT) (2) Economic Vitality Corporation (EVC) (3) Other AGENDA SUMMARY — MAY 22, 2001 PAGE 6 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. (a) None. 14. CITY MANAGER ITEMS The following item(s) are placed on the agenda by the City Manager in order to receive feedback and/or request direction from the Council. No formal action can be taken. (a) None. 15. COUNCIL COMMUNICATIONS Correspondence/Comments as presented by the City Council. 16. STAFF COMMUNICATIONS Correspondence/Comments as presented by the City Manager. 17. ADJOURNMENT AGENDA SUMMARY — MAY 22, 2001 PAGE 7 * * * * * * * Copies of the staff reports or other written materials relating to each item of business referred to on this agenda are on file with the Director of Administrative Services and are available for public inspection and reproduction at cost. If you have questions regarding any agenda item, please contact the Director of Administrative Services at (805) 473- 5414. * * * * * * * In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting, please contact the Director of Administrative Services at the number listed above at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to the meeting. * * * * * * * Note: This agenda is subject to amendment up to 72 hours prior to the date and time set for the meeting. Please refer to the agenda posted at City Hall for any revisions, or call the Director of Administrative Services at (805) 473-5414 for more information. www.arroyogrande.o� CITY OF ARROYO GRANDE — ABBREVIATIONS revised 08/04J00 AB ADA AG A(3MC AGPOA APN APCB APCD ARC ASCE ASD AWWA BD CA CC CCC CCCSIF CD CDBG CE CEC CEQA CIP CIWMP CM CMC CMP COC CPI CUP DARE DC DEA E.C. EDD EDU EIR EIS EOC EVC FAU FD FDAA FEMA FID FPPC FTA FY t3.C. (iC GF CiP GPA HCD HOP HUD I ISTEA JPA Aqricuftural Preserve nsse�,ay s�u Americans with Disabilities Act General Agricufture Arroyo Grende Municipal Code Arroyo Grande Pdice Offlcers' Association Assessor's Parr.ei Number Ai� Pdlution Control Boarci Air Pollution Control District Archftectural Review Committee Ame�ican Sociery Civil Engineers AdministraUve Services Departrnent American Water Works Association Building Divlsion Clry Attomey Ciry Council Califomia Conservation Corps Central Coast Cities Self-Insurance Fund Community Development Commu�lty Development Block Grant Clrculadon Element Califomia Energy Commission CaUfomia Environmentel �uality Act Capltel Improvement Program Cal'rfomia lnte�rated Waste Management Plan Ciry Managers Office Califomia Men's Cdony Con�astion Management Plan Certificate of Compliance Consumer Price Index Conditio�al Use Permit Drug Abuse R�istance Education Development Code Drup Enforcement Administration Election Code Economic Development Department Equivalent Dwelling Unit F�vironmeMal Impact Report Environmental Impact Statement Econornlc Opportunity Commission Ecorwmlc Vltality Corporation Federal Ald Urban Fire Division Federal Disaster Assistance Administration Federal Emeryency Manaqement Agency Financial Services Departrnent Fai� Politiccal Practices Commission Federal Transit Administration Fiscal Year Govemment Code (3eneral Commerc�al (3eneral Fund (3eneral Plan General Plan Amendment Califomia Departrnent of Housing and Community Development Hame Oocupancy Permit Housiny and Urban Development Dept. Industrial and Business Parlc Intermodal Surface Transportation Joint Powers Authority LAFCO LOCC LLA LUE MER MF MFA MHP O OCSD OSCE PC PD PF PPR PRD PRE-APP PSHHC PSP PUD PW RDA RE RFP RFGI RH RHNP RR RS RTA RWQCB SAC SB SCAT SEIU SF SLO SLOCOG SLOHA SLONTF SLORTA SLOWRAC SR SSLOCOWA SSLOCSD SRRE SWRCD TPM 1T TTAC TUP UBC UFC USA VAR VC VCB VSR ZONE 3 Local Agency Fortnation Commission League of Califomfe Cities Lot Line AdjustrneM Land Use Element Lot Merger CondomiNum/Townhouse Apflrtrnents Mobile Home Parks Office Professional Oceano Communiry SeMces District Open Space and Conservation Element Pianninp Commission Police DepaAment Public!(�uasl Public Plot Plan Review Parks & RecreaUon Departrnera Pre-applicatlwi Peoples' Self-Help Housinp Corp. Planned Sipn Propram Planned Unit Development Public Worlcs DeparUner►t Redevelopmer�t Ayency Reside�tial Estate Request for Proposals Request for �ualiNcations Hillslde ResiderN�al Reyional Housinp Needs Plan Rural Residentiel Suburban Residentlal Reversion to Acreays Reyionel Water �uelfty Co�trol Board Staff Advisory Commlttee Senate Biil South Counry Area Transft Service Employe� Irnemational Union Sinple Family San Luis Obispo San Luis Obispo Courwil � (3overtments San Luis OWspo Hot�sk�p Aufhorily San Luis Obispo Narootics Task Face San Luis Obispo Repionel Tra�it Authority San Luis Obispo County Weter Resources Advisory Committee Senior Housinq South San Luls Obispo CouMy Water Association South San Lu1s Obispo Counly Sanitation DisMct Source ReducUon 3 Recydirq Elernent State Water Resou►ces Control BoarcJ TentatNe Paroei Mep Tentative Tract Map Transportation TechNcal Advisory Committee Temporary Use Pemiit Unfform BuGdinp Code Unifortn Fire Code Unde�round Servbe Alert Variance VUlaye Commerdal SLO CouMy Visitors & Conference Bureau Vlew Shed Review San Luls Obispo County Flood Control and Water Conservatlon District — Zone 3(Lopez Project) � HONORARY PROCI�U�IATI 5.a. OH R�Ca�M��f�G HATIONAI, PuB1,IC WORI�S III��K 1NAY Z0 • MAY Z7 2001 , WHEREAS, community lives; and public works services provided in our are an integral part of our citizens' everyday WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings, and solid waste collection; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and WHEREAS, quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they per.form. NOW THEREFORE, BE IT RESOLVED, that I, Michael A. Lady, Mayor of the City of Arroyo Grande, on behalf of the City Council, do hereby proclaim the week of May 20�' through May 27�' as "NATIONAL PUBLIC WORKS WEEK" in the City of Arroyo Grande and call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Arroyo Grande to be affixed this 22"d day of May, 2001. MICHAEL A. LADY, MAYOR ��Q � . . c1a a � �to eco t�i � � 9� 9 Na o � � �a1er � ' N r 5.b. WHEREAS, Nan Fowler is the perfect example of an ideal advocate for small business, and especially sincere in promoting equal opportunity for women in business; and WHEREAS, Nan operates a small business, Nan's Pre-Owned Books, and her 15 years of experience has given her insight and common sense as to what makes a successful business. Nan develops a logical, level headed strategy in her pursuit of fairness in the legislative arena pertaining to business issues, and has mentored several other small business owners in the community; and WHEREAS, Nan is very generous with her time in serving her community, and she has served on the Arroyo Grande Chamber of Commerce Board of Directors for four years, including a term � as Chair of the Board. She is a cheerleader for the Chamber of Commerce, aiways enthusiastic and a joy to be around; and WHEREAS, Nan has made a positive difference in Arroyo Grande, as well as in the neighboring communities and throughout the County. Her leadership was largely responsible for accomplishing a change in the name of Grand Avenue to East and West Grand Avenue in order to eliminate duplication of addresses to make the area more user friendly for customers and visitors. She has also been active in the process for developing a master plan for the East Grand Ave�ue corridor; and WHEREAS, on the local level of governmental issues, Na� is very conscientious in rr�onitoring all Commissions and City Council agendas. She testifies and speaks out on issues that affect business, and is able to speak first hand on how specific actions would affect smali local businesses. NOW THEREFORE, BE IT RESOLVED, that I, Michael A. Lady, Mayor of the City of Arroyo Grande, on behalf of the City Council, do hereby honor and congratulate Nan Fowler for being chosen "Small Business Advocate of the Year". ' IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seai of the City of Arroyo Grande to be affixed this 22"d day of May, 2001. MICHAEI A. LADY, MAYOR 8.a. /, PRROr ° �� � INCORPOAATED � V O T � JULY /0. 1911 * c4 ��FORN� P TO: FROM: BY: SUBJECT: DATE: CITY COUNCIL MEMORANDUM LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES JANET M. HUWALDT, ACCOUNTING SUPERVISO CASH DISBURSEMENT RATIFICATION MAY 22, 2001 I' � RECOMMENDATION: It is recommended the City Council ratify the attached listing of cash disbursements for the period May 1— May 15, 2001. FUNDING: There is a$642,416.56 fiscal impact. DISCUSSION: The attached listing represents the cash disbursements required of normal and usual operations. It is requested that the City Council approve these payments. ATTACHMENTS: ATTACHMENT 1— Cash Disbursement Listing ATTACHMENT 2— May 4, 2001 Accounts Payable Check Register ATTACHMENT 3— May 4, 2001 Payroll Checks and Benefit Checks ATTACHMENT 4— May 11, 2001 Accounts Payable Check Register ATTACHMENTI CITY OF ARROYO GRANDE CASH DISBURSEMENTS For the Period of May 1 Through May 15, 2001 May 22, 2001 Presented are the cash disbursements issued by the Department of Financial Services for the period May 1 to May 15, 2001. Shown are cash disbursements by week of occurrence and type of payment. May 4, 2001 Accounts Payable Cks 100495-100575 Payroll Checks and Benefit Checks May 11, 2001 Accounts Payable Cks 100592-100733 Less Payroll Cks included in Attachment 3 Two Week Total 2 3 4 169,048.42 265,973.17 435,021.59 406,654.17 (199,259.20) 207,394.97 •: � . .� CITY OFARROYO GRANDE INDEX FOR BUDGET DEPARTMENTS EDEN COMPUTER SYSTEM GINERAL FUND (010� Citti Government (Fund 010) 4001 - City Council 4002 - Administrative Services 4003 - City Attorney 4101 - City Manager 4102 - Printing/ Duplicating 4120 - Financial Services 4121 - Taxes/ Insurance/ Bonds 4130 - Community Development 4131 - Community Building (CDBG) 4140 - Management Information System 4145 - Non Departmental Public Sa�ty (Fund 010) 4201 - Police 4211 - Fire 4212 - Building & Safety Public Works (Fund 010) 4301 - Public Works-Admin & Engineering 4303 - Street/Bridge Maintenance 4304 - Street Lighting 4305 - Automotive Shop Parks & Recreation (Fund 010) 4420 - Parks 4421 - Recreation 4422 - General Recreation 4423 - Pre-School Program 4424 - Recreation-Special Programs 4425 - Children in Motion 4426 - Five Cities Youth Basketball 4430 - Soto Sport Complex 4213 - Government Buildings 4460 - Parkway Maintenance SPEQAL REVINUE FUNDS Pazk Development Fee Fund (Fund 213) 4550 - Park Development Fee Traffic Signal Fund (Fund 222) 4501 - Traffic Fund Transportation Fund (Fund 225) 4553 - Public Transit System Construction Tax Fund (Fund 230) 4556 - Construction Tax Police Grant Funds 4201 - Law Enforcement Equip. (Fd 272) 4202 - 5tate AB3229 Cops Grant (Fd 271) 4203 - Federal Universal Hiring (Fd 274) 4208 - Federal Local taw Enforcmt (FD 279) Redevelopment Agency ( Fund 284) 4103 - Redevelopment Administration ENTERPRISE FUNDS Sewer Fund (Fund 612) 4610 - Sewer Maintenance Water Fund (Fund 640) 4710 - Water Administration 4711 - Water Production 4712 - Water Distribution Lopez Administration (Fund 641) 4750 - Lopez Administration CAPITAL IMPROVEMENT PROGRAMS (Fund 350� 5501-5599 - Park Projects 5601-5699 - Streets Projects 5701�799 - Drainage Projects 5801-5899 - Water/Sewer/Street Projects 5901-5999 - Water Projects Dept Index for Comefl.xls ATTACHMENT 2 VOUQ�tfi2 CITY OF ARROYO GRANDE OS/02/O1 08:43 VOUCHER/CHECK REGISTER FOR PERIOD 11 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUNIDER DATE NUNIDER NAME DESCRIPTION NUMBER 100495 O5/04/Ol 102311 CLIFF ADELHELM B/BALL LGE.OFFICIAL-ADELHELM 010.4424.5352 100496 OS/04/O1 101972 LYNN AINSWORTH REF.PRE-PAID CARD-AZNSWORTH 010.0000.4602 100497 OS/04/Ol 003120 AMERICAN INDUSTRIAL SUP GOGGLES/CUTTING BLADES 640.4712.5273 100498 OS/04/O1 004914 APEX SHARPENING WORKS CHAIN SAW/EXTRA CHAINS Q10.4211.5273 100499 OS/04/Ol 102050 AVAYA,INC. PHONE MAINT 010.4145.5403 100500 OS/04/O1 009554 BARNICK WINDOW COVERING WINDOW BLINDS-CSO OFFICE 010.4201.5504 100501 OS/04/O1 102278 MICAH BENEVEDO B/BALL LGE.SCORER-BENEVEDO 010.4424.5352 100502 OS/04/O1 013026 BRISCO MILL & LU[�IDER AIR RATCHET/PUNCH 220.4303.5273 100502 OS/04/01 013026 BRISCO MILL & LUhIDER AIR RATCHET/PUNCH 220.4303.5613 100503 OS/04/O1 099245 CITY OF BUELLTON REGIS-WETMORE CC MEETING 010.4002.5501 100504 OS/04/01 101431 BURDINE PRINTING PRINTING-CITY NEWSLETTER 010.4002.5504 100505 OSj04/O1 101619 ROB BURT B/BALL LGE.OFFICIAL-ROB BURT 010.4424.5352 100506 O5/04/O1 102350 BILLY CAMP REF.PARKING CITE#D12187 010.0000.4203 100507 OS/04/O1 100622 CASTLE ROCK DEVELOPMENT REF.BUILDING FEE-791 LOS CIERV 010.0000.4181 100507 O5/04/O1 100622 CASTLE ROCK DEVELOPMENT REF.ELECT.FEE-791 LOS CIERVOS 010.0000.4183 100508 OS/04/O1 023322 CHRISTIANSON CHEVROLET REPL.FRONT SEAT/SVC-PW16 220.4303.5601 100509 OS/04/O1 101528 COMPUTERLAND COLOR LASER PRINTER 010.4140.6101 100510 OS/04/O1 025428 CONSOLIDATED ELECTRICAL WOUND TIMERS 010.4420.5605 100511 OS/04/O1 101638 TYLER COON S/BALL LEAGUE SCORER-COON 010.4424.5352 100512 O5/04/O1 101716 JIM DECECCO S/BALL LEAGUE UMP-DECECCO 010.4424.5352 100513 O5/04/O1 030584 DEBI DYKZEUL S/BALL SCORER-DYKZEUL 010.4424.5352 100514 OS/04/O1 102351 EAR PLUGS USA CUSTOM EAR PIECES FOR SRT 010.4201.5606 100515 OS/04/O1 102349 BRENT ESTES,L.M.F.T. DIVERSION COUNSELING 010.4201.5303 100516 OS/04/O1 100691 FIVE CITIES-TIMES NOTICE 88613 010.4002.5301 100517 OS/04/O1 101662 FORD QUALIT'Y FLEET CARE REPR-PW34 640.4712.5601 100517 O5/04/O1 101662 FORD QUALITY FLEET CARE 971 BULBS/SVCS/BATTERY TEST 010.4201.5601 100517 O5/04/O1 101662 FORD QUALITY FLEET CARE MISC.REPRS.SVCS PD FLEET 010.4201.5601 100517 OS/04/O1 101662 FORD QUALITY FLEET CARE 902 WIPERS/AIR BAG WARNING LIT 010.4201.5601 100517 OS/04/O1 101662 FORD QUALITY FLEET CARE 981 PERFORM SELF TEST 010.4201.5601 ITEM AMOUNT 48.00 37.25 111.67 889.01 28.16 227.16 22.50 67.73 30.32 25.00 3,576.88 96.00 5.00 34.00 8.00 443.95 3,282.76 32.66 37.50 48.00 30.00 1,013.00 440.00 176.00 256.82 214.46 1,111.19 324.40 51.61 PAGE 1 CHECK AMOUNT 48.00 37.25 111.67 889.01 28.16 227.16 22.50 98.05 25.00 3,576.88 96.00 5.00 42.00 443.95 3,282.76 32.66 37.50 48.00 30.00 1,013.00 440.00 176.00 VOUCHI2E2 CITY OF ARROYO GRANDE OS/02/O1 08:43 VOUCHER/CHECK REGISTER FOR PERIOD 11 VOUCHER/ CF�CK CHECK VENDOR VENDOR ITEM ACCOUNT NCTMBER DATE NUMBER NAME DESCRIPTION NUhIDER 100517 OS/04/O1 101662 FORD QUALITY FLEET CARE REPL.BATTERY ASSEhffiLY 010.4201.5601 100518 OS/04/O1 102320 JOSH GOTTLIEB S/BALL LEAGUE UMPIRE-GOTTLIEB 010.4424.5352 100519 OS/04/O1 038200 GOV'T FINANCE OFFICERS GFOA DUES 1/02 010.4120.5503 100519 OS/04/01 038200 GOV'T FZNANCE OFFICERS GOV.ACCTING,AUDITING & REPORTI 010.4120.5501 100520 OS/04/O1 039312 CITY OF GROVER BEACH DOG OBEDIENCE CLASS-2 ADTL 010.4424.5351 100521 05/04/O1 102348 MONICA GUERRERO REIMB.PHYSICAL/SHOT-GUERRERO 010.4421.5315 100522 OS/04/O1 102330 H-S PRECISION,INC. MAGAZINES .308 010.4201.5272 100523 OS/04/O1 101086 HANSON AGGREGATES ASPHALT 220.4303.5613 100523 O5/04/O1 101088 HANSON AGGREGATES ASPHALT 220.4303.5613 100523 OS/04/O1 101088 HANSON AGGREGATES ASPHALT 220.4303.5613 100524 OS/04/O1 100348 JAMIE HEINZE B/BALL LGE.SCORER-HEINZE 010.4424.5352 100525 OS/04/01 102260 BRYCEN IKEDA B/BALL LGE.SCORER-IKEDA 010.4424.5352 100526 OS/04/O1 044496 INFORMATION SERVICES MIS SUPPORT 010.4140.5303 100527 OS/04/O1 046176 J J'S FOOD COMPANY SUPPLIES-DISASTER TRAINING 010.4001.5501 100527 OS/04/O1 046176 J J'S FOOD COMPANY KITCHEN SUPPLIES 010.4211.5255 100527 OS/04/O1 046176 J J'S FOOD COMPANY SUPPLIES-DZSASTER TRAINING 010.4001.5501 100528 O5/04/O1 048438 KEY TERMITE & PEST CONT QUARTLEY PEST CONTROL SVCS. 010.4201.5604 100529 OS/04/O1 102352 LESS GAUSS,INC. 2 CLARIFIER/WRAPS 010.4140.5607 100530 OS/04/Ol 102261 KIMBERLY MP.RSALEK B/BALL LGE.SCORER-MP,RSALEK 010.4424.5352 100531 OS/04/O1 101252 MCI WORLDCOM FD CALLING CARDS 010.4211.5403 100532 OS/04/O1 056706 MID STATE CONCRETE PROD MANHOLE FRAME/COVER 612.4610.5610 100533 OS/04/O1 056394 MIDAS MUFFLER & BRAKE BRAKES/SVCS-PW29 220.4303.5601 100533 OS/04/O1 056394 MIDAS MUFFLER & BRAKE FENDER BOLTS/ROTATE/LUBE/OIL 010.4201.5601 100533 OS/04/O1 056394 MIDAS MUFFLER & BRAKE LUBE/OIL/FILTER/WIPER BLP.DES 010.4420.5601 100533 OS/04/O1 056394 MIDAS MUFFLER & BRAKE LUBE/OIL/FILTER-PD 901 010.4201.5601 100533 OS/04/O1 056394 MIDAS MUFFLER & BRAKE FILTER/TRANS.FLUSHED-PW34 640.4712.5601 100535 OS/04/O1 057096 MINER'S ACE HP.RDWARE ELECT.WALL PLATES 010.4213.5604 100535 05/04/O1 057096 MINER'S ACE HP.RDWARE BULBS 010.4213.5604 100535 OS/04/01 057096 MINER'S ACE HARDWARE MISC.HAND TOOLS 220.4303.5273 100535 O5/04/O1 057096 MINER'S ACE HARDWARE HEX BUSHING 640.4712.5610 100535 OS/04/O1 057096 MINER'S ACE HP.RDWARE CLIPS 010.4213.5604 100535 O5/04/O1 057096 MINER'S ACE HARDWARE KRAZYGLUE 640.4712.5603 100535 OS/04/O1 057096 MINER'S ACE HARDWARE CR:HARDWARE 010.4213.5604 100535 OS/04/O1 057096 MINER'S ACE HP.RDWARE PLUMB.SUPPLIES 010.4213.5604 ITEM AMOUNT 126.11 16.00 150.00 107.00 17.20 17.60 406.00 134.15 198.25 200.24 22.50 22.50 252.00 7.72 26.94 3.89 40.00 149.90 22.50 3.59 349.38 334.75 110.12 55.50 65.65 188.96 9.21 9.92 119.44 2.13 1.52 1.81 1.52- 4.70 PAGE 2 CHECK AMOUNT 2,084.59 16.00 257.00 17.20 17.60 406.00 532.64 22.50 22.50 252.00 38.55 40.00 149.90 22.50 3.59 349.38 754.98 VOUCHI2E2 CITY OF ARROYO GRANDE PAGE 3 OS/02/O1 08:43 VOUCHER/CHECK REGISTER FOR PERIOD 11 VOUCF�R/ CHECK CHECK VENDOR VENDOR NUhBER DATE NUNIDER NAME 100535 OS/04/O1 057096 MINER'S ACE HARDWARE 100535 O5/04/O1 057096 MINER'S ACE HP.RDWARE 100535 OS/04/O1 057096 MINER'S ACE HARDWARE 100535 OS/04/01 057096 MINER'S ACE HP.RDWARE 100535 OS/04/01 057096 MINER'S ACE HARDWARE 100535 OS/04/O1 057096 MINER'S ACE HARDWARE 100535 OS/04/O1 057096 MINER'S ACE HARDWARE 100535 OS/04/O1 057096 MINER'S ACE HP.RDWARE 100535 OS/04/O1 057096 MINER'S ACE HP.RDWARE 100535 OS/04/O1 057096 MINER'S ACE HARDWARE 100535 OS/04/O1 057096 MINER'S ACE HARDWARE 100535 O5/04/Ol 057096 MINER'S ACE HP.RDWARE 100535 OS/04/Ol 057096 MINER'S ACE HARDWARE 100535 OS/04/O1 057096 MINER'S ACE HARDWARE 100535 O5/04/O1 057096 MINER'S ACE HARDWARE 100535 OS/04/O1 057096 MINER'S ACE HARDWARE 100536 O5/04/01 057174 MISSION OFFICE PLUS 100537 OS/04/O1 102262 KATHRYN MONTGOMERY ITEM DESCRIPTION PLUMB.SUPPLIES CR:PLUI+ID.SUPPLIES MISC.SUPPLIES CR:MISC.HARDWARE VALVE/CONN.WIRE/PVC ADAPTER MOWER STARTER CORD HARDWARE NIPPLES/PLIERS REDI MIX/PAINTBRUSHES NIPPLES/ELBOWS/PRIMER PAINT/PAINTING SUPPLIES MISC.TOOLS SANDPAPER MISC.HARDWARE MISC.HARDWARE AF�F� BATTERIES ACCOUNT Ni1MBER ITEM AMOUNT CHECK AMOUNT 100538 OS/04/O1 058890 RICHP.RD MUNOZ 010.4420.5603 010.4420.5605 640.4712.5273 640.4712.5610 640.4712.5610 220.4303.5603 220.4303.5613 010.4420.5605 220.4303.5613 010.4420.5605 220.4303.5613 220.4303.5273 220.4303.5613 220.4303.5613 220.4303.5613 640.4712.5255 OFFICE SUPPLIES 284.4103.5201 B/BALL LGE.SCORER-MONTGOMERY 010.4424.5352 S/BALL LEAGUE UMPIRE-MUNOZ 010.4424.5352 100539 O5/04/O1 059124 MUSTANG TREE CARE TRIM TREES-BEHIND LEISURE GRDN 220.4303.5303 100540 OS/04/O1 061814 NOBLE SAW,INC. SPRING/ROPE-PW106 100541 OS/04/O1 102044 NOSSAMAN,GUTHNER,KNOX & PROF.SVCS-S.M.VLY WATER 100542 OS/04/O1 063960 PACIFIC BELL MIS DATA LINE 473-0379 100542 OS/04/O1 063960 PACIFIC BELL L/DIST.FAX 473-0386 100542 OS/04/O1 063960 PACIFIC BELL PHONE 489-2174 100542 OS/04/O1 063960 PACIFIC BELL FAX 473-2198 100542 OS/04/O1 063960 PACIFIC BELL DATA LINE 021-2713 100542 OS/04/O1 063960 PACIFIC BELL PHONE 473-5100 100542 OS/04/O1, 063960 PACIFIC BELL DATA LINE 473-5141 100542 O5/04/O1 063960 PACIFIC BELL PHONE 481-6944 100542 OS/04/O1 063960 PACIFIC BELL ALARM 271-7480 100542 05/04/O1 063960 PACIFIC BELL PHONE 267-8633 100542 O5/04/O1 063960 PACIFIC BELL PAY PAONE 489-9867 100543 OS/04/O1 064194 PACIFIC GAS & ELECTRIC ELECTRIC 100543 OS/04/O1 064194 PACIFIC GAS & ELECTRIC ELECTRIC 100543 O5/04/O1 064194 PACIFIC GAS & ELECTRIC ELECTRIC 100543 OS/04/O1 064194 PACIFIC GAS & ELECTRIC ELECTRIC 100543 OS/04/O1 064194 PACIFIC GAS & ELECTRIC ELECTRIC 100543 OS/04/O1 064194 PACIFZC GAS & ELECTRIC ELECTRIC 100543 O5/04/O1 064194 PACIFIC GAS & ELECTRIC ELECTRIC 100543 O5/04/O1 064194 PACIFIC GAS & ELECTRIC ELECTRIC 220.4303.5601 640.4710.5575 010.4140.5303 010.4145.5403 010.4201.5403 010.4145.5403 010.4145.5403 010.4145.5403 010.4145.5403 010.4201.5403 010.4145.5403 010.4145.5403 010.4201.5403 010:4304.5402 010.4304.5402 010.4304.5402 640.4712.5402 640.4711.5402 612.4610.5402 010.4145.5401 217.4460.5355 13.24 9.39- 14.96 1.42 70.40 3.41 7.69 46.79 24.27 19.46 85.71 12.58 6.73 21.39 42.78 4.06 44.26 22.50 64.00 375.00 27.95 3,401.18 91.86 22.81 35.37 55.34 295.53 656.59 230.83 224.77 64.61 97.08 53.78 267.29 12,398.06 1,141.66 192.08 2,504.96 757.18 4,628.28 7.29 100594 OS/04/O1 101598 PACIFIC GAS & ELECTRIC UTILZTY HOOKUP-BEHIND CC 010.4213.5303 922.80 512.71 44.26 22.50 64.00 375.00 27.95 3,401.18 1,828.57 21,696.80 922.80 VOUCHRE2 CITY OF ARROYO GRANDE O5/02/O1 08:43 VOUCHER/CHECK REGISTER FOR PERIOD 11 VOUCHER/ Cf�CK CF�CK VENDOR VENDOR ITEM ACCOUNT NOMBER DATE NUMBER NAME DESCRIPTION NUMBER 100545 OS/04/O1 102288 PACIFIC SOIL STABILIZAT EROSION MATTING 220.4303.5613 100546 OS/04/O1 063570 PB LOADER MFG. CO. Y STRAINER 220.4303.5603 100547 OS/04/Oi 065520 PEPSI-COLA LOS ANGELES COKE 010.4422.5258 100548 OS/04/O1 066562 PRYOR INDUSTRIES,INC. CABINET-BLDG 010.4213.5303 100549 OS/04/O1 100686 PURCHASE POWER POSTAGE FOR METER 010.4201.5201 100550 OS/04/01 071682 GREG ROSE S/BALL LEAGUE OFFICIAL-ROSE 010.4424.5352 100551 OS/04/O1 100200 RRM DESIGN GROUP TENTATIVE PARCEL MAP ADMIN 350.5512.7501 100551 O5/04/O1 100200 RRM DESIGN GROUP PROF.SVCS-RANCHO GRANDE PK 350.5512.7501 100552 OS/04/O1 102347 S& S HOMES OF THE REF.PARK DEV.FEES-BERRY GARDEN 213.0000.4515 100553 OS/04/O1 102331 SAN MIGUELITO INDUSTRIE 20'USED STORAGE CONTAINER 010.4201.5605 100554 OS/04/O1 102346 CITY OF SANTA MP,RIA TACTICAL PATROL REGIS-4 OFFICE 010.4201.5501 100555 O5/04/O1 077024 ANN SARMIENTO S/BALL SCORER-SARMZENTO 010.4424.5352 100556 OS/04/Ol 078156 SEBASTIAN OIL DISTRIB. GASOLINE/DIESEL 010.4201.5608 100557 OS/04/O1 101621 TOM SHIFFRP.R B/BALL LGE.OFFICIAL-SHIFFRP.R 010.4424.5352 100558 OS/04/O1 082290 LYNN STEINER ESSAY TEST-CID CP.BRIALES 010.4201.5303 100559 OS/04/O1 082328 STERLING COhID7UNICATIONS SERVICE AGREEMENT-APRIL 2001 010.4201.5606 100559 OS/04/O1 082328 STERLING COP4�1[TNICATIONS 962 WIRED LIGHT BAR/RP.DIO/LIGH 010.4201.5601 100559 OS/04/Ol 082328 STERLING COMMUNICATIONS MICROPHONES FOR RADIOS 010.4201.5606 100559 OS/04/O1 082328 STERLING CONIlKUNICATIONS MT1000 HICAP RAPID RATE BATTER 010.4201.5606 100559 05/04/O1 082328 STERLING CONA7[JNICATIONS MINITOR BATTERY 010.4420.5605 100560 OS/04/O1 102171 STRONG PLANNING SVCS,IN O.PAYMENT MILEAGE(.35 VS .325) 010.4130.5318 100560 OS/04/O1 102171 STRONG PIJINNING SVCS,IN REIhffi.MILEAGE/960 �.325 010.4130.5318 100560 OS/04/O1 102171 STRONG PLANNING SVCS,IN REIMB.MILEAGE/1400 �.325 010.4130.5318 100561 OS/04/O1 102342 TENNANT SALES TIRE ASSEhIDLY/REPR.KIT 220.4303.5603 100561 O5/04/O1 102342 TENNANT SALES TIRE ASSY 220.4303.5603 100562 OS/04/O1 084708 RICK TERBORCH SPECIAL INVEST FUND-TERBORCH 010.4201.5303 100563 OS/04/O1 102318 DENNIS THURMAN S/BALL LEAGUE OFFICIAL-THURMAN 010.4424.5352 100564 OS/04/O1 102244 TITAN INDUSTRIAL ZIP LOCK BAGS 010.4201.5255 100565 OS/04/O1 102353 KAMI TRASK REF.PARKING CITE #15777 010.0000.4203 100566 OS/04/O1 085904 TRAVELERS EQUIP FLOATER452N7313660 010.4145.5579 ITEM AMOUNT 55.90 144.81 109.20 505.74 615.00 32.00 1,037.50 23,097.20 88,392.50 1,765.50 475.00 52.50 1,442.83 96.00 50.00 995.00 142.89 738.30 518.95 10.70 35.00- 312.00 455.00 159.43 114.49 500.00 96.00 19.58 20.00 689.00 PAGE 4 CHECK AMOUNT 55.90 144.81 109.20 505.74 615.00 32.00 24,134.70 88,392.50 1,765.50 475.00 52.50 1,442.83 96.00 50.00 2,405.84 732.00 273.92 500.00 96.00 19.58 20.00 689.00 VOUCHRE2 CITY OF ARROYO GRANDE OS/02/O1 08:43 VOUCHER/CHECK REGISTER FOR PERIOD 11 VOUCHER/ CF�CK CHECK VENDOR VENDOR ITEM ACCOUNT NUNIDER DATE NUhIDER NAME DESCRIPTION NUMBER 100567 OS/04/O1 086736 DOTTIE TRULOCK DOG OHEDIENCE CLASSES 010.4424.5351 100568 O5/04/O1 102304 ULTIMATE OFFICE SHIPPING-CONA7UNICATIONS MANUAL 010.4201.5606 100569 O5/04/O1 088084 UNITED GREEN MARK,INC. SPRINKLER PARTS-PARK VIEW 010.4420.5605 100569 O5/04/O1 068084 UNITED GREEN MP.RK,INC. SPRINKLER PARTS-TRUCK STOP 010.4420.5605 100569 OS/04/O1 086084 UNITED GREEN MP.RK,INC. SPRINKLER PARTS-PARK VIEW 010.4420.5605 100569 OS/04/O1 088084 UNITED GREEN MARK,INC. SPRINKLER PARTS-TRUCK STOP 010.4420.5605 100569 O5/04/O1 088084 UNITED GREEN MARK,INC. SPRINKLER PARTS-PARKVIEW 010.4420.5605 100569 O5/04/O1 088084 UNITED GREEN MP.RK,INC. SPRINKLER PARTS-PARKVIEW 010.4420.5605 100570 OS/04/O1 087672 UNITED RENTAI,S RENT-HIGA WEED MOWER 010.4420.5605 100571 O5/04/O1 102178 US OFFICE PRODUCTS OFFICE SUPPLIES 010.4201.5201 100572 OS/04/O1 087574 USI,INC. LAMINATION POUCHES 010.4201.5201 100573 O5/04/O1 102007 VERIZON WIRELESS CELL PHONE-PKS SUPER 010.4421.5602 100573 O5/04/O1 102007 \7ERIZON WIRELESS CELL PHONE-CHAVEZ 010.4430.5605 100573 OS/04/O1 102007 VERIZON WIRELESS CELL PHONE-F.CHIEF 010.4211.5403 100573 OS/04/O1 102007 VERIZON WIRELESS CELL PHONE-ENG.1 010.4211.5403 100573 OS/04/O1 102007 VERIZON WIRELESS CELL PHONE-DIV.CHIEF 010.4211.5403 100573 OS/04/O1 102007 VERIZON WIRELESS CELL PHONES-PATROL CARS 010.4201.5403 100573 OS/04/O1 102007 VERIZON WIRELESS CELL PHONE-P&R DIRECTOR 010.4421.5602 100573 OS/04/O1 102007 VERIZON WIRELESS CELL PHONES-PD 010.4201.5403 100573 O5/04/O1 102007 \/ERIZON WIRELESS CELL PHONES-PD 010.4201.5403 100573 OS/04/O1 102007 VERIZON WIRELESS CELL PHONES-PD 010.4201.5403 100573 OS/04/O1 102007 VERIZON WIRELESS CELL PHONES-PD 010.4201.5403 100573 OS/04/01 102007 VERIZON WIRELESS CELL PHONES-PD 010.4201.5403 100573 OS/04/O1 102007 VERIZON WIRELESS CELL PHONES-PD 010.4201.5403 100573 OS/04/O1 102007 VERIZON WIRELESS CELL PHONES-PD 010.4201.5403 100574 OS/04/Ol 090480 WAYNE'S TIRE TIRES-PW29 220.4303.5601 100574 OS/04/O1 090460 WAYNE'S TIRE LUBE/OIL/FILTER/ROTATE 010.4201.5601 100574 OS/04/Ol 090480 WAYNE'S TIRE LLJBE/OIL/ROTATE/FILTER 010.4201.5601 100574 O5/04/O1 090480 WAYNE'S TIRE LUBE/OIL/FILTER/TIRES 010.4201.5601 100575 OS/04/O1 092274 STEVE WHZTNEY REIMB.OFFICE SUPPLIES 010.4211.5201 100575 OS/04/O1 092274 STEVE WHITNEY REIMB.POSTAGE-WHITNEY 010.4211.5201 ITEM AMOUNT 105.60 16.99 31.16 24.61 12.84 2.30 27.30 51.20 72.41 57.75 161.25 15.46 24.62 18.47 22.58 16.84 299.12 36.54 124.79 21.43 15.88 18.93 15.88 28.60 18.93 102.20 66.96 47.22 152.31 19.28 17.50 PAGE 5 CHECK AMOUNT 105.60 16.99 149.41 72.41 57.75 161.25 678.27 368.69 36.78 TOTAL CHECKS 169,048.42 VOUCHI2E2 CITY OF ARROYO GRANDE PAGE 6 OS/02/O1 08:43 VOUCHER/CHECK REGISTER FOR PERIOD 11 FUND TITLE O10 GENERAL FUND 213 PARKS DEVELOPMENT FUND 217 LANDSCAPE MAINTENANCE DISTRICT 220 STREETS FUND 284 REDEVELOPMENT AGENCY FUND 350 CAPITAL IMPROVEMENT FUND 612 SEWER FUND 640 WATER FUND AMOUNT 45,899.49 86,392.50 7.29 2,713.17 44.26 24,134.70 1,106.56 6,750.45 TOTAL 169,048.42 ATTACHMENT 3 CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 4/13/01 TO 4/26/01 5/4/01 FUND 010 FUND 220 FUND 284 FUND 612 FUND 640 236,827.35 9,485.35 4,703.76 4,245.57 10,711.14 265,973.17 Salaries Full time Salaries Part-Time Salaries Over-Time Holiday Pay Sick Pay Annual Leave Pay Vacation Buyback Sick Leave Buyback Vacation Pay Comp Pay Annual Leave Pay PERS Retirement Social Security PARS Retirement State Disability Ins. Health Insurance Dental Insurance Vision Insurance Life Insurance Long Term Disability Uniform Allowance Car Allowance Council Expense Employee Assistance Uniform Allowance Motor Pay Total: 142,090.82 28,803.48 9,489.87 5,148.39 3,051.63 12,098.19 2,438.80 4,374.44 15,407.30 14,698.79 228.97 651.50 21,634.86 3,657.21 781.42 542.50 400.00 375.00 100.00 265',973.17 ATTACHMfiNT 4 VOUCFIl2E2 CITY OF ARROYO GRANDE OS/09/O1 08:24 VOUCHER/CHECK REGISTER FOR PERIOD 11 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NOhIDER DATE NUhIDER NAME DESCRIPTION NUMBER 383 OS/03/O1 101556 DIANE SHEELEY ICSC MEETING-SHEELEY 284.4103.5501 364 O5/03/O1 005616 CITY OF ARROYO GRANDE G.A.REINID.4j26/O1 Pj.2 011.0000.1015 385 OS/03/O1 102355 COMPAQ COMPVfER CORP PRESARIO 1800 SERIES COMPUTER 272.4201.6101 386 OS/04/O1 100224 UNITED STATES POSTMASTE POSTAGE-CITY NEWSLETTER 010.4002.5504 387 OS/07/O1 100138 JANET HUWALDT TRAVEL ADVANCE-HUWALDT 010.4120.5501 386 O5/07/O1 004252 CAROL ANDERSON TRA�7EL ADVANCE-ANDERSON 010.4120.5501 100592 OS/11/O1 102354 ABS DELIVERY SYSTEMS,IN DELIVERY CHARGES 010.4201.5324 100593 O5/11/O1 000898 ADDICTION MEDICINE CONS PRE-EMPLOY DRUG TEST 010.4213.5315 100594 OS/11/O1 102311 CLIFF ADELHELM B/BALL LGE.OFFICIAL-ADELHELM 010.4424.5352 100595 OS/11/O1 100882 ADVANCE MARKING SYSTEMS NAME TAGS 010.4211.5324 100596 O5/11/O1 102356 ADVANCED POLICE SOFTWAR TACTICAL INCIDENT SOFTWARE 272.4201.6101 100597 05/11/O1 102360 SHIREEN ALFARO REF.C/B.DEPOSIT-ALFARO 010.0000.2206 100598 O5/11/Ol 003042 AMERICAN EQUIPMENT SVCS DUMP BIN 010.4213.5303 100599 OS/11/O1 100897 AMERICAN TEMPS RHINEHART SVCS-4/14 220.4303.5303 100599 O5/11/O1 100897 AMERICAN TEMPS RHINEHP.RT SVCS-4/21 220.4303.5303 100600 OS/11/O1 004680 STEVE ANDREWS HOSTAGE NEGOTICATIONS 010.4201.5501 100601 OS/11/O1 005772 ARROYO GRANDE COPM�I. HOS PRE-EMPLOY PFiYSICAL 010.4425.5315 100602 OS/11/O1 006006 ARROYO GRANDE FLOWER SH FLORAL ARRANGE-WETMORE 010.4001.5504 100602 OS/11/Ol 006006 ARROYO GRANDE FLOWER SH FLOWERS-WEYAND/BOYD/MILTON 010.4201.5504 100603 OS/11/O1 007332 AUSTIN'S PHOTOGRAPHY PHOTO-LUBIN C10.4001.5201 100604 OS/11/O1 008385 R. BAKER,INC. INSTL.CULVERT PIPE 220.4303.5303 100605 O5/11/O1 010296 BEACH FRONT AUTO SERVIC 981 SCOPE ENG/REPL.STARTER 010.4201.5601 100605 OS/11/O1 010296 BEACH FRONT AUTO SERVIC REPR.FORK LIFT 220.4303.5603 100605 05/11/O1 010296 BEACH FRONT AUTO SERVIC REPR.FORK LIFT 640.4712.5603 100605 O5/11/O1 010296 BEACH FRONT AUTO SERVIC REPR.FORK LIFT 010.4420.5603 100605 O5/11/O1 010296 BEACH FRONT AUTO SERVIC R/R FUEL TANK P-28 010.4420.5601 100606 OS/11/O1 010412 ALBERT BEATTIE REIMB.TUITION-BEATTIE 010.4201.5502 100607 05/11/O1 102278 MICAH BENEVEDO B/BALL LGE.SCORER-BENEVEDO 010.4424.5352 100608 O5/11/01 012168 BOXX EXPRESS UPS SHIPPING-MP.RCH 010.4201.5201 ITEM AMOUNT 160.00 199,259.20 1,959.17 996.82 204.38 50.00 51.00 45.00 48.00 98.01 1,295.00 250.00 1,125.00 703.20 562.56 268.00 118.00 53.50 139.10 33.71 5,783.00 229.48 95.11 95.11 95.10 76.99 665.00 22.50 168.83 PAGE 1 CHECK AMOUNT 160.00 199,259.20 1,959.17 996.82 204.38 50.00 51.00 45.00 48.00 98.01 1,295.00 250.00 1,125.00 1,265.76 268.00 118.00 192.60 33.71 5,783.00 591.79 665.00 22.50 168.83 VOUCHRE2 CITY OF ARROYO GRANDE OS/09/O1 08:24 VOUCHER/CHECK REGISTER FOR PERIOD 11 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUNIDER DATE NUNIDER NAME DESCRIPTION NUNIDER 100609 OS/11/Ol 102259 CHESSIE BREHM B/BALL LGE.SCORER-BREHM 010.4424.5352 100610 OS/11/O1 101074 JOY BREHM B/BALL LGE.OFFZCIAL-J.BREHM 010.4424.5352 100611 OS/11/Ol 101705 MICHELLE BRIGHT REF.PARK DEPOSIT-BRIGHT 010.0000.4354 100612 OS/11/01 013026 HRISCO MILL & LUNIDER PAINT/PAINTING SUPPLIES 220.4303.5613 100612 O5/11/O1 013026 BRISCO MILL & LUMBER SCREWS/SHELF SUPPORT/LU[�ER 010.4201.5604 100612 OS/11/O1 013026 BRISCO MILL & LUNIDER DINII�R/PLUGS/EDGING BRACKET 010.4201.5604 100612 O5/11/O1 013026 BRISCO MILL & LUMBER BULB/DUST PAN 640.4712.5604 100613 05/11/Ol 013806 BURKE AND PACE OF AG PLASTIC CEMENT 612.4610.5610 100614 OS/11/O1 101619 ROB BURT B/BALL LGE.OFFICIAL-ROB BURT 010.4424.5352 100615 O5/11/O1 021940 C.COAST TAXI CAB SERVIC TAXI SVCS-APRIL 15-30 225.4553.5507 100616 OS/11/O1 102366 CA.ST.DEPT.JUSTICE 2000 ASSAULT WEAPON ID GUIDES 010.4201.5255 100617 OS/11/O1 102365 CALBO CLASS 1 MEMBERSHIP-SCHMIDT 010.4212.5503 100618 O5/11/O1 016146 CALIF.HWY PRODUCTS & SI CHALK LINE BOX 220.4303.5273 100618 05/11/O1 016146 CALIF.HWY PRODUCTS & SI BOTTS DOTS/BROOM/SHOVELS 220.4303.5613 100618 OS/11/O1 016146 CALIF.HWY PRODUCTS & SI BOTTS DOTS/BROOM/SHOVELS 220.4303.5273 100619 OS/11/O1 100803 CALIFORNIA HIGHWAY PATR REGIS-JOHNSON/BASIC MOTORCYCLE 010.4201.5501 100620 OS/11/Ol 101739 LUKE CAYWOOD B/BALL LGE.SCORER-CAYWOOD 010.4424.5352 100621 O5/11/O1 021918 CENTRAL COAST SUPPLY ADA GRAB BAR HAND DRYER/MIRROR 250.4800.8004 100621 05/11/O1 021918 CENTRAL COAST SUPPLY ADA R/R SIGNS 250.4800.8004 100621 OS/11/O1 021918 CENTRAL COAST SUPPLY BUILDING SUPPLIES 010.4213.5604 100621 OS/11/O1 021916 CENTRAL COAST SUPPLY BUILDING SUPPLIES 010.4213.5604 100621 O5/11/O1 021918 CENTRAL COAST SUPPLY HUILDING SUPPLIES 010.4213.5604 100622 OS/11/Ol 022632 CHAPARRAL MAINT/COPY USEAGE 010.4421.5602 100623 OS/11/O1 023088 CHERRY LANE NURSERY AVOCADO 010.4420.5308 100623 O5/11/Ol 023088 CHERRY LANE NURSERY CHINESE ELM 010.4420.5605 100623 OS/11/O1 023088 CHERRY LANE NURSERY RONSTAR 010.4420.5605 100624 OS/11/O1 023322 CFII2ISTIANSON CHEVROLET 923 PERFORMANCE CHECK/BATTERY 010.4201.5601 100624 OS/11/O1 023322 CHRISTIANSON CHEVROLET 901 REPL.THROTTLE CP,BLE/TRANS 010.4201.5601 100625 O5/11/O1 024102 COAST GRAPHIC SUPPLY SPRIAL BINDERS/CLEANER SHEETS 010.4102.5255 100626 O5/11/O1 102263 MARCUS CONAWAY B/BALL LGE.SCORER-CONAWAY 010.4424.5352 100626 05/11/O1 102263 MP.RCUS CONAWAY B/BALL LGE.SCORER-CONAWAY 010.4424.5352 100627 O5/11/O1 101638 TYLER COON S/BALL LEAGUE SCORER-COON 010.4424.5352 ITEM AMOUNT 22.50 48.00 25.00 30.61 18.94 83.52 13.35 9.31 96.00 1,401.75 20.00 215.00 48.32 88.15 155.96 1,777.60 22.50 1,181.28 87.31 134.93 47.08 505.68 88.00 148.56 52.27 85.59 84.50 568.46 69.56 22.50 45.00 37.50 PAGE 2 CHECK AMOUNT 22.50 48.00 25.00 146.42 9.31 96.00 1,401.75 20.00 215.00 292.43 1,777.60 22.50 1,956.28 88.00 286.42 652.96 69.56 67.50 37.50 VOUCHRE2 CITY OF ARROYO GRANDE O5/09/O1 08:24 VOUCHER/CHECK REGISTER FOR PERIOD 11 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUhIDER DATE NUMBER NAME DESCRIPTION NUMBER 100628 OS/11/O1 101551 SHAWN COSGROVE BASIC SWAT-COSGROVE 010.4201.5501 100629 OS/11/O1 026208 CREDIT BUREAU REPORTS, CREDIT CHECKS 010.4201.5303 100630 OS/11/O1 026832 CUESTA EQUIPMENT CO SNAP RINGE/HEARING PROTECTION 010.4211.5601 100631 OS/11/O1 027924 D.A.R.E.AMERICA UhIDRELLAS/PINSTRIPE JERSEY 010.4201.5504 100632 OS/11/O1 028548 DAYSTAR INDUSTRIES STREET SWEEPING 612.4610.5303 100633 OS/11/O1 101969 DE LAGE LANDEN FINANCIA COPIER LEASE REF#93791 010.4421.5602 100634 OS/11/O1 028644 WENDY DEATON CRITICAL INCIDENT DEBRIEFING 010.4201.5303 100635 05/11/O1 101716 JIM DECECCO S/BALL LEAGUE UMP-DECECCO 010.4424.5352 100636 05/11/O1 100808 DHS-WTOC RENEWAL WATER TREAT CERT-MARSALEK 640.4710.5503 100637 OS/11/O1 029484 DIESELRO INC. REPL.A/C BELT/ALTERNATOR 010.4211.5601 100638 OS/11/O1 030584 DEBI DYKZEUL S/BALL SCORER-DYKZEUL 010.4424.5352 100639 OS/11/O1 101924 J.A. FISCHER,INC. GASOLINE 010.0000.1202 100640 05/11/O1 100691 FI\7E CITIES-TIMES PUBLIC HEARING #88688 010.4130.5301 100640 OS/11/O1 100691 FIAE CITIES-TIMES PUBLIC HEARING#88689 010.4130.5301 100640 O5/11/O1 100691 FIVE CITIES-TIMES PUBLIC HEARING#88690 010.4130.5301 100641 O5/11/O1 101662 FORD QUALITY FLEET CARE 931 REPL.HEADLIGHT SWITCH 010.4201.5601 100641 OS/11/O1 101662 FORD QUALITY FLEET CARE 982 ELECT.TRANS DIAGNOSIS 010.4201.5601 100641 OS/11/O1 101662 FORD QUALITY FLEET CARE 961 RESECURE DOOR TRIM PANEL 010.4201.5601 100642 O5/11/O1 035840 FRAZEE PAINT & WALLCOVE FILTERS-PUMP 220.4303.5603 100643 OS/11/Ol 102361 MARIANA FUERTE REF.PARK DEPOSIT-FUERTE 010.0000.4354 100644 OS/11/O1 102319 DAN FURLONG B/BALL LEAGUE OFFICIAL-FURLONG 010.4424.5352 100644 O5/11/Ol 102319 DAN FURLONG B/BALL LEAGUE OFFICIAL-FURLONG 010.4424.5352 100645 OS/11/Ol 102362 ANDREA GARZA REF.PARK DEPOSIT-GARZA 010.0000.4354 100646 OS/11/01 102320 JOSH GOTTLIEB HALF PAYMENT-INTERNSHIP 010.4421.5303 100646 05/11/O1 102320 JOSH GOTTLIEB S/BALL LEAGUE UMPZRE-GOTTLIEB 010.4424.5352 100647 OS/11/O1 038376 GRAND AVPO PARTS OIL 010.4420.5601 100648 OS/11/O1 102368 GARY HAGERTY REF.PARK DEPOSIT-HAGERTY 010.0000.4354 100649 OS/11/O1 102280 CHUCK HP,RE B/BALL LGE.OFFICIAL-HP,RE 010.4424.5352 100649 OS/11/Ol 102280 CHUCK HP,RE B/BALL LGE.OFFICIAL-HP.RE 010.4424.5352 ITEM AMOUNT 1,804.80 14.00 27.18 59.08 5,981.49 141.25 240.00 80.00 120.00 361.94 7.50 14,009.45 54.00 54.00 55.50 14G.66 108.68 378.24 85.09 25.00 48.00 46.00 25.00 350.00 32.00 22.98 25.00 48.00 48.00 PAGE 3 CHECK AMOUNT 1,804.80 14.00 27.18 59.08 5,981.49 141.25 240.00 80.00 120.00 361.94 7.50 14,009.45 163.50 633.78 85.09 zs.00 96.00 25.00 382.00 22.98 25.00 96.00 VOUCHRE2 CITY OF ARROYO GRANDE O5/09/O1 08:24 VOUCHER/CHECK REGISTER FOR PERIOD 11 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUNIDER DATE N[7MBER NAME DESCRIPTION NUNIDER 100650 OS/11/O1 100348 JAMIE HEINZE B/BALL LGE.SCORER-HEINZE 010.4424.5352 100651 O5/11/O1 042158 BOB HICKS TURF EQUIPMEN MOWER PARTS 010.4420.5603 100652 OS/11/O1 102316 CASEY AIDLE REIhID.FF 11 CERT FEE-HIDLE 010.4211.5501 100653 O5/11/O1 102260 HRYCEN IKEDA B/BALL LGE.SCORER-IKEDA 010.4424.5352 100654 OS/11/O1 102257 INT'L FOOTPRINTERS ASSO MAJOR SPONSORSHIP-COPS N KIDS 010.4201.5504 100655 OS/11/Ol 044630 INT'L TRAINING RESOURCE BASIC SWAT REGIS-S.COSGROVE 010.4201.5501 100656 OS/11/O1 045162 INTL CONF OF BUILDING 0 ICBO DUES-FIBICH 010.4212.5503 100657 O5/11/O1 045708 INTOXIMETERS, INC. DRYGAS 010.4201.5255 100658 OS/il/Ol 046098 J C LANDSCAPING LANDSCAPE MAINT. 010.4420.5303 100658 OS/11/O1 046098 J C LANDSCAPING LANDSCAPE MAINT. 217.4460.5356 100659 OS/11/O1 046176 J J'S FOOD COMPANY DISASTER TRAINING SUPPLIES 010.4001.5501 100659 OS/11/O1 046176 J J'S FOOD COMPANY SODAS-CMC CREW 220.4303.5613 100660 OS/11/O1 046332 J P TOOL REPAIR DRILL SWITCH 010.4420.5273 100661 OS/11/O1 046410 J.W.ENTERPRISES TOILET RENTAL 220.4303.5552 100662 OS/11/O1 100087 HOLLY JARRATT JAZZERCISE CLASSES 010.4424.5351 100663 OS/11/O1 047268 JOHNSON,ROBERTS & ASSOC PHQ REPORTS 010.4201.5303 100664 OS/11/O1 101604 BARBIE JONES SNACK SUPPLIES REIMB-JONES 010.4425.5259 100664 O5/11/O1 101604 BARBIE JONES REIhID.SUPPLIES-JONES 010.4425.5255 100664 O5/11/O1 101604 BARBIE JONES REIhID.TRAVEL-JONES 010.4425.5303 100665 OS/11/O1 052280 LIMBERG EYE SURGERY RX SAFETY GLASSES-SAHAGUN 612.4610.5255 100665 OS/11/O1 052280 LIhIDERG EYE SURGERY RX SAFETY GLASSES-FULLER 612.4610.5255 100665 OS/11/O1 052280 LIhIDERG EYE SURGERY RX SAFETY GLASSES-SCHMIDT 640.4712.5255 100665 OS/11/O1 052280 LINIDERG EYE SURGERY RX GLASSES-MP.RTINS 220.4303.5255 100665 O5/11/O1 052280 LIMBERG EYE SURGERY RX GLASSES-ELLIOTT 220.4303.5255 100666 OS/11/O1 100985 DOUG LINTNER B/BALL LGE.OFFICIAL-LINTNER 010.4424.5352 100666 O5/11/O1 100985 DOUG LINTNER S/BALL LEAGUE OFFICIAL-LINTNER 010.4424.5352 100666 O5/11/O1 100985 DOUG LINTNER B/BALL LGE.OFFICIAL-LINTNER 010.4424.5352 100666 OS/11/O1 100985 DOUG LINTNER S/BALL LEGALTE OFFICIAL-LINTNER 010.4424.5352 100667 OS/11/O1 102370 LONG TERM CARE OMBUDSMA ELDER ABUSE REGIS-STEARNS 010.4201.5501 100668 OS/11/O1 052806 E.C. LOOMIS & SON FEED STRAW-BEHIND K-MART 010.4420.5605 100668 OS/11/O1 052806 E.C. LOOMIS & SON FEED K-9 SUPPLIES 010.4201.5322 100669 O5/11/O1 102261 KIMBERLY MP.RSALEK B/BALL LGE.SCORER-MARSALEK 010.4424.5352 ITEM AMOUNT 22.50 37.36 30.00 22.50 250.00 600.00 90.00 172.81 380.0� 120.00 45.71 10.64 32.96 91.70 335.82 17.76 101.76 47.82 39.04 350.00 248.00 246.00 250.00 188.00 144.00 32.00 48.00 32.00 40.00 25.64 49.00 22.50 PAGE 4 CHECK AMOUNT 22.50 37.36 30.00 22.50 250.00 600.00 90.00 172.81 500.00 56.35 32.96 91.70 335.82 17.76 188.62 1,284.00 256.00 40.00 74.64 22.50 VOUCHI2E2 OS/09/O1 08:24 VOUCHER/ CHECK CHECK VENDOR VENDOR NUNBER DATE NUNffiER NAME 100670 OS/11/O1 102367 JOANNE MAURER 100671 p5/11/Ol 102086 MEDSTOP URGENT CARE 100671 OS/11/O1 102086 MEDSTOP URGENT CARE 100671 OS/11/O1 102086 MEDSTOP URGENT CARE CITY OF ARROYO GRANDE VOUCHER/CHECK REGISTER FOR PERIOD 11 ITEM DESCRIPTION REF.PARK DEPOSIT-MAURER PRE-EMPLOYMENT PHYSICALS PHYSICAL-DOOLEY PHYSICAL-KRUSE 100672 OS/11/O1 056628 MID STATE BANK-MASTERCA GASOLINE 100672 OS/11/O1 056628 MID STATE BANK-MASTERCA 4MM 150M DDS-4 TAPES 100672 OS/11/O1 056628 MID STATE BANK-MASTERCA TRAINING EXPENSES 100672 O5/11/O1 056628 MID STATE BANK-MASTERCA INSIGNIAS 100672 O5/11/Ol 056628 MID STATE BANK-MASTERCA ORAL BOARD LUNCH 100672 OS/11/01 056626 MID STATE BANK-MASTERCA CDOA EXPENSES 100673 OS/11/O1 056394 MIDAS MUFFLER & BRAKE 982 LUBE/OIL/FILTER/BOLTS 100673 05/11/01 056394 MIDAS M[JFFLER & BRAKE LUBE/OIL/FILTER 100673 OS/11/O1 056394 MIDAS MIJFFLER & BRAKE LUBE/OIL/FILTER 100673 OS/11/O1 056394 MIDAS MUFFLER & BRAKE LUBE/OIL/FILTER-PW24 100674 OS/11/01 056940 MIER BROS 100674 OS/11/O1 056940 MIER BROS 100675 O5/11/O1 057096 MINER'S ACE HP.RDWARE 100675 OS/11/O1 05709b MINER'S ACE HARDWARE 100675 OS/11/O1 057096 MINER'S ACE HARDWARE 100675 OS/11/O1 057096 MINER'S ACE HARDWARE 100675 05/11/O1 057096 MINER'S ACE HP,RDWARE 100675 05/11/O1 057096 MINER'S ACE HARDWARE 100675 O5/11/O1 057096 MINER'S ACE HARDWARE 100675 OS/11/O1 057096 MINER'S ACE HARDWARE 100675 OS/11/O1 057096 MINER'S ACE HP,RDWARE 100675 OS/11/O1 057096 MINER'S ACE HP,RDWARE 100675 OS/11/O1 057096 MINER'S ACE HARDWARE 100675 OS/11/O1 057096 MINER'S ACE HARDWARE 100675 O5/11/O1 057096 MINER'S ACE HARDWARE 100675 O5/11/O1 057096 MINER'S ACE HARDWARE ROCK ROCK DUP.KEYS SPRAY PAINT KITCHEN SUPPLIES FURN.LEG TIP/PCV CAP PLATE MENDER/BP,R HOLDER/CLIPS MISC.HP.RDWARE STAPLES/SNAPBLD KNZFE TOOL BOX PAINTING SUPPLZES PVC ELBOWS/COVERS WTHPRF COVERS ELECTRICAL SUPPLIES PAINTING SUPPLIES DUP.KEYS 100676 OS/11/Ol 057174 MISSION OFFICE PLUS OFFICE SUPPLIES 100676 O5/11/O1 057174 MISSION OFFICE PLUS OFFICE SUPPLIES 100676 05/11/O1 057174 MISSION OFFICE PLUS OFFICE SUPPLIES 100676 OS/11/O1 057174 MISSION OFFICE PLUS OFFICE SUPPLIES 100677 OS/11/O1 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 100677 OS/11/O1 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 100677 OS/11/O1 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 100677 OS/il/O1 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 100677 OS/11/O1 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 100677 OS/11/Ol 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 100677 OS/11/O1 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 100677 O5/11/O1 057252 MISSION UNIFORM SERVICE iINIFORMS/MATS/TOWELS 100677 OS/11/O1 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS ACCOUNT NUMBER 010.0000.4354 010.4211.5315 010.4211.5315 010.4211.5315 010.4201.5608 010.4140.5607 010.4201.5501 010.4201.5255 010.4201.5501 010.4201.5501 010.4201.5601 010.4201.5601 010.4201.5601 640.4712.5601 220.4303.5613 220.4303.5613 010.4211.5255 010.4211_5255 010.4211.5255 010.4211.5601 010.4211.5601 010.4211.5601 010.4201.5605 010.4211.5601 220.4303.5613 010.4420.5605 010.4420.5605 010.4211.5601 640.4712.5603 010.4201.5604 010.4101.5201 284.4103.5201 010.4130.5201 010.4130.5201 010.4213.5303 010.4213.5303 220.4303.5143 640.4712.5143 612.4610.5143 010.4420.5143 010.4213.5303 010.4102.5255 010.4213.5303 PAGE 5 ITEM CHECK AMOUNT AMOUNT 25.00 25.00 2,051.00 236.00 236.00 2,523.00 32.20 218.91 647.00 61.40 52.90 191.86 1,204.27 52.29 25.69 39.15 87.10 204.23 205.44 68.48 1.27 3.20 22.77 1.37 20.04 .64 32.42 16.03 45.92 27.33 7.47 14.69 65.21 4.24 78.55 13.69 31.82 13.59- 110.48 41.88 100.96 63.72 34.52 109.79 41.31 5.30 118.81 273.92 262.60 110.47 626.77 VOUCHRE2 CITY OF ARROYO GRANDE OS/09/O1 08:24 VOUCHER/CHECK REGISTER FOR PERIOD 11 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NOhIDER DATE NOMBER NAME DESCRIPTION NUhIDER 100678 O5/11/O1 057272 MIKE MITCHELL S/HALL LEAGUE UMPIRE-MITCHELL 010.4424.5352 100679 O5/11/O1 102262 KATHRYN MONTGOMERY B/BALL LGE.SCORER-MONTGOMERY 010.4424.5352 100680 OS/11/.01 058890 RICHARD MUNOZ S/BALL LEAGUE UMPIRE-MUNOZ 010.4424.5352 100661 OS/11/O1 102364 VIKKI MURRAY REF.PARK DEPOSIT-MURRAY 010.0000.4354 100682 OS/11/Ol 100095 NAPA AUTO PARTS V-BELT 010.4211.5601 100683 O5/11/O1 060294 NAT'L EMBLEM,INC. SRT PATCHES 010.4201.5255 100684 OS/11/O1 061814 NOBLE SAW,INC. REPR.WEED EATER 010.4420.5603 100684 OS/11/O1 061814 NOBLE SAW,INC. CLEAN/ADNST WEED-EATER 010.4420.5603 100684 O5/11/O1 061814 NOBLE SAW,INC. R/R SEALS/BOOT/COIL-WEED EATER 010.4420.5603 100684 OS/11/O1 061814 NOBLE SAW,INC. REPR.EDGER 010.4420.5603 100685 OS/11/O1 101750 OFFICEMAX CREDIT PLAN OFFICE SUPPLIES 010.4201.5255 100685 O5/11/O1 101750 OFFICEMAX CREDIT PLAN OFFICE SUPPLIES 010.4120.5201 100685 OS/11/O1 101750 OFFICEMAX CREDIT PLAN OFFICE SUPPLIES 010.4201.5201 100685 O5/11/O1 101750 OFFICEMAX CREDIT PLAN OFFICE SUPPLIES 010.4201.5201 100686 05/11/O1 062322 ONE HOUR PHOTO PLUS PRINTS/DEV 220.4303.5255 100686 05/11/O1 062322 ONE HOUR PHOTO PLUS PRINTS/DEV 010.4130.5201 100687 OS/11/O1 062712 ORCHARD SUPPLY HARDWARE STORAGE RACKS/WORK CENTER 010.4201.5605 100688 OS/11/O1 064194 PACIFIC GAS & ELECTRIC ELECTRIC 010.4304.5402 100689 OS/il/O1 064258 PAGING NETWORK OF LA PAGING SVCS-APRIL 010.4421.5602 100690 OS/11/O1 102371 PARMA PARMA CONF 010.4101.5501 100691 OS/11/O1 100548 VERONICA PEREZ S/BALL LGE.SCORER-PEREZ 010.4424.5352 100692 OS/11/O1 066534 CITY OF PISMO BEACH NEGOTIATIONS TRAINING 010.4145.5501 100692 OS/11/O1 066534 CITY OF PISMO BEACH NEGOTIATIONS TRAINING 010.4001.5501 100693 OS/11/O1 102358 ROBERT PRESTON REF.WTR DEP-828 QUAIL CT 640.0000.2302 100693 O5/11/O1 102358 ROBERT PRESTON CLOSING BILL-828 QUAIL CT 640.0000.4751 100693 OS/11/O1 102358 ROBERT PRESTON PREVIOUS BALANCE-828 QUAIL CT 640.0000.4751 100694 O5/11/O1 102359 RANCHO GRANDE HOA REF.C/B.DEP-R.G.HOA 010.0000.2206 100694 OS/11/O1 102359 RANCHO GRANDE HOA BLDG.SUPER-R.G.HOA 010.0000.4355 100695 O5/11/O1 071682 GREG ROSE S/BALL LEAGUE OFFICIAL-ROSE 010.4424.5352 100695 OS/11/O1 071682 GREG ROSE B/BALL LEAGUE OFFICIAL-ROSE 010.4424.5352 100696 OS/11/O1 101700 KRISTY RUIZ REF.PARK DEPOSIT-RUIZ 010.0000.4354 100697 O5/11/O1 101136 S.C.A.C.E.O. SCACEO DUES-CROCKETT 010.4130.5503 ITEM AMOUNT 32.00 22.50 32.00 25.00 18.77 301.00 10.00 80.35 192.15 38.61 106.99 295.26 25.64 138.40 23.14 29.91 363.75 45.86 110.23 40.00 15.00 150.00 150.00 180.00 6.13- 61.32- 250.00 78.00- 32.00 48.00 25.00 40.00 PAGE 6 CHECK AMOUNT 32.00 22.50 32.00 25.00 18.77 301.00 321.11 566.31 53.05 363.75 45.86 110.23 40.00 15.00 300.00 112.55 172.00 80.00 25.00 40.00 VOUCHRE2 CITY OF ARROYO GRANDE OS/09/O1 08:24 VOUCHER/CHECK REGISTER FOR PERIOD 11 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT 1VOMBER DATE NUNIBER NAME DESCRIPTION NUMBER 100698 O5/11/O1 099082 SAN JOSE STATE UNIV. REGIS-STEVE ANDREWS/HOSTAGE 010.4201.5501 100699 OS/11/Ol 100192 SAN LUIS MAILING SVC UTILITY BILLING MAILING-APRIL 640.4710.5201 100700 O5/11/O1 077024 ANN SARMIENTO S/BALL SCORER-SARMIENTO 010.4424.5352 100701 OS/11/01 078156 SEBASTIAN OIL DISTRIB. GASOLINE/DIESEL 010.4212.5608 100701 OS/11/O1 078156 SEBASTIAN OIL DISTRIB. GASOLINE 010.4201.5608 100702 O5/11/Ol 101621 TOM SHIFFRAR B/BALL LGE.OFFICIAL-SHIFFRAR 010.4424.5352 100703 OS/11/O1 102046 RICHP.RD SLP.DE & ASSOC PROF.SVCS-S.M.VLY WATER 640.4710.5575 100704 OS/11/O1 074412 SLO CNTY DEPT.EIdGINEERS 99/00 LOPEZ COSTS 641.4750.5612 100704 OS/11/O1 074412 SLO CNTY DEPT.ENGINEERS 99/00 LOPEZ COSTS 641.4750.5612 100704 OS/11/O1 074412 SLO CNTY DEPT.ENGINEERS 99/00 LOPEZ COSTS 641.4')50.5612 100705 O5/11/Ol 074684 SLO CNTY FIRE CHIEFS AS DUES-SLO CNTY FIRE CHIEFS 010.4211.5503 100705 OS/11/O1 074684 SLO CNTY FIRE CHIEFS AS DUES-CAL CHIEFS 010.4211.5503 100705 OS/11/Ol 074684 SLO CNTY FIRE CHIEFS AS SLO CNTY TRAINING OFFICERS 010.4211.5503 100706 OS/11/O1 073660 SLOCO DATA, INC. POSTAGE DEPOSIT-WEED ABATE 010.4211.5599 100707 OS/11/O1 100304 SMITH PIPE & SUPPLY SPRINKLER PARTS 010.4420.5605 100707 05/11/Ol 100304 SMITH PIPE & SUPPLY SPRINKLER PARTS 010.4420.5605 100708 OS/11/O1 102264 STEVEN SORENSON B/BALL LGE.SCORER-SORENSON 010.4424.5352 100708 O5/11/O1 102264 STEVEN SORENSON B/BALL LGE.SCORER-SORENSON 010.4424.5352 100709 OS/11/O1 080886 SOUTHERN AUTO SUPPLY ALT/GM 010.4211.5601 100709 OS/il/O1 080886 SOUTHERN AUTO SUPPLY ALT 010.4211.5601 100709 OS/11/O1 080886 SOUTHERN AUTO SUPPLY STOP & TAIL LIGHT 010.4211.5601 100710 OS/11/O1 081200 JEFF SOUZA REIMB.EARPIECE SYSTEM 010.4201.5606 100710 O5/11/O1 081200 JEFF SOUZA REIMB.MICROPHONE-SOUZA 010.4201.5606 100711 OS/11/O1 081432 BOB SPEAR S/BALL LEAGUE UMPZRE-SPEAR 010.4424.5352 100712 OS/11/O1 082212 RANDY STEFFAN REIMB.MEETING SUPPLIES-STEFFAN 010.4211.5501 100713 OS/11/O1 082328 STERLING COl�A7[JNICATIONS MTX BELT CLIP 010.4211.5603 100713 OS/11/O1 082328 STERLING COhII�7UNICATIONS USED RADIO/CHARGER CRADLE 010.4201.5606 100713 OS/11/O1 082328 STERLING COI�A�IUNICATIONS REPR.BATTERY SHORT/LAMP 010.4201.5603 100713 OS/11/O1 082328 STERLING COMMUNICATIONS REPL.RADAR SOFTWARE 010.4201.5603 100714 OS/11/Ol 082836 STREATOR PIPE & SUPPLY PLUMBING SUPPLIES 640.4712.5610 100715 OS/11/O1 084084 TAYLOR'S TUNE-UP SHOP 931 STARTER/BATTERY 010.4201.5601 100716 OS/11/O1 102369 ROY OR MP,RTY THOMAS REF.L/SCAPE BOND-THOMAS 010.0000.2210 ITEM AMOUNT 242.00 833.25 82.50 78.27 1,575.62 96.00 1,351.31 186,237.00 166,237.00- 132,996.00 50.00 150.00 25.00 1,000.00 73.27 73.27 45.00 22.50 211.12 182.90 22.96 90.27 74.00 32.00 40.96 76.24 362.73 150.74 172.00 12.59 283.76 1,200.00 PAGE 7 CHECK AMOUNT 242.00 833.25 82.50 1,653.89 96.00 1,351.31 132,996.00 225.00 1,000.00 146.54 67.50 416.98 164.27 32.00 40.96 761.71 12.59 283.76 1,200.00 VOUCHI2E2 CITY OF ARROYO GRANDE 05/09/Ol 08:24 VOUCHER/CHECK REGISTER FOR PERIOD 11 VOUCHER/ Q�IECK CHECK VENDOR VENDOR ZTEM ACCOUNT NUMBER DATE IJ�7MBER NAME DESCRIPTION NUMBER 100717 O5/11/O1 102316 DENNIS THURMAN S/BALL LEAGIIE OFFICIAL-THURMAN 010.4424.5352 100718 OS/il/O1 102244 TITAN INDUSTRIAL BATTERIES 010.4201.5255 100719 O5/11/O1 085644 TOSTE GRP.DING & PAVING TACK OIL 220.4303.5613 100720 OS/11/O1 086034 TRI-CITY DISPOSAL SERVI DISPOSAL SERVICES 010.4213.5303 100720 OS/11/O1 086034 TRI-CITY DISPOSAL SERVI DISPOSAL SERVICES 010.4213.5303 100721 O5/11/O1 088084 UNITED GREEN MP.RK,INC. SPRINKLER REPAZRS 010.4420.5605 100721 O5/11/O1 088084 UNITED GREEN MARK,INC. SPRINKI,ER PARTS 010.4420.5605 100722 OS/11/O1 087672 UNITED RENTALS RENTAL-PRESSURE WASHER 220.4303.5552 100723 O5/11/O1 088424 URBAN FUTURES INC. URBAN FUTURES PROF.SVCS 284.4103.5303 100724 05/11/O1 102363 ERICA VASQUEZ REF.PARK DEPOSIT-VASQUEZ 010.0000.4354 100725 O5/11/O1 102007 VERIZON WIRELESS CELL PHONE-CM 010.4101.5403 100725 OS/11/O1 102007 VERIZON WIRELESS CELL PHONE-STREETS/PW DIR/EXT 010.4301.5403 100725 OS/11/O1 102007 t7ER2ZON WIRELESS CELL PHONE-STREETS/PW DIR/EXT 010.4301.5403 100725 OS/11/O1 102007 \7ERIZON WIRELESS CELL PHONE-STREETS/PW DIR/EXT 220.4303.5403 100726 OS/11/O1 101111 ANTHONY VIOLA REF.L/SCAPE BOND-525 DOS CERRO O10.U000.2210 100727 O5/11/O1 090480 WAYNE'S TIRE 982 MOUNT/BALANCE TIRES 010.4201.5601 100727 OS/11/O1 090480 WAYNE'S TIRE 961 LUBE/OIL/FILTER/TIRES 010.4201.5601 100728 OS/11/O1 009282 WEST GROUP RENEW SUB-BARCLAYS TITLE 19 010.4211.5503 100729 OS/11/O1 100431 WILLP,RD PAPER CO PAPER/ENVELOPES 010.4102.5255 100729 OS/11/O1 100431 WILLP.RD PAPER CO PAPER 010.4102.5255 100729 OS/11/O1 100431 WILLARD PAPER CO PAPER/NCR/TEXT 010.4102.5255 100730 OS/11/O1 092586 LEE WILSON ELECTRIC COM MARCH SIGNAL MAINT 010.4304.5303 100731 OS/11/Ol 093210 WORKRITE NOMEX SHIRT 010.4211.5272 100732 OS/11/Ol 102162 WULFING'S BACKGROUND & BACKGROUND INVEST/TRAVEL EXP 010.4201.5303 100732 OS/11/O1 102162 WULFING'S BACKGROUND & BACKGROUND INVEST/REPORT 010.4201.5303 100732 OS/11/O1 102162 WULFING'S BACKGROUND & PRE-EMPLOY POLY 010.4201.5303 100733 O5/11/O1 093522 XEROX CORPORATION MAINT.COPIER 010.4301.5602 TOTAL CHECKS ITEM AMOUNT 32.00 42.78 150.00 380.21 145.96 17.16 19.47 49.93 479.19 25.00 31.74 39.99 39.99 129.03 1,200.00 25.00 318.77 77.00 590.36 200.63 499.10 1,212.75 77.14 238.26 450.00 135.00 123.00 PAGE 6 CHECK AMOUNT 32.00 42.78 150.00 526.17 36.63 49.93 479.19 25.00 240.75 1,200.00 343.77 77.00 1,290.09 1,212.75 77.14 823.26 123.00 406,654.17 VOUCHI2E2 CITY OF ARROYO GRANDE PAGE 9 OS/09/O1 08:24 VOUCHER/CHECK REGISTER FOR PERIOD 11 Yf i1�� O10 O11 217 220 225 250 272 284 612 640 641 TITLE GENERAL FUND PAYROLL CLEARING FUND LANDSCAPE MAINTENANCE DISTRICT STREETS FUND TRANSPORTATION FUND CDBG GRANT FUND CA LAW ENFORCMT TCHNLGY EQUIP. REDEVELOPMENT AGENCY FUND SEWER FUND WATER FUND LOPEZ FUND TOTAL : uf�'I�Ii1�Ma 49,210.83 199,259.20 120.00 8,865.24 1,401.75 1,268.59 3,254.17 652.88 6,623.32 3,002.19 132,996.00 406,654.17 8.b. /pRRO y� /�� c � � 1NCORPORATEO 9Z MEMORANDUM V ` T * JUIr 10. 1911 * c4 ��FORN� P TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICE SUBJECT: CASH FLOW ANALYSIS/APPROVAL OF INTERFUND ADVANC S FROM THE WATER FACILITY FUND DATE: MAY 22, 2001 RECOMMENDATION: It is recommended the City Council: • Accept the April cash report, • Approve the interfund advance of $633,389 from the Water Facility Fund to cover cash deficits in other funds as of April 30, 2001. FUNDING: No outside funding is required. Attachment A— Cash Balance/Interfund Advance Report Attachment A CITY OF ARROYO GRANDE CASH BALANCE / INTERFUND ADVANCE REPORT At April 30, 2001 Fund O10 210 212 213 214 215 217 220 222 223 224 225 226 230 231 232 241 271 272 274 2'77 278 279 284 285 350 612 634 640 641 642 751 760 General Fund Fire Protection Impact Fees Police Protection Impact Fees Park Development Park Improvement Recreation Community Center Landscape Maintenance Street (Gas T�) Fund Traffic Signalization Traffic Circulation Transportation Facility Impact Transportation Water Neutralization Impact Construction Tax Drainage Facility In-Lieu Affordable Housing Lopez Facility Fund State COPS Block Grant Fund Calif. Law Enf. Technology Grant Federal Universal Hiring Grant 98-99 Fed Local Law Enforcement Grant 99-00 Fed Local Law Enforcement Grant 00-01 Fed Local Law Enforcement Grant Redevelopment Agency Redevelopment Set Aside Capital Projects SewerFund Sewer Facility Water Fund Lopez Water Facility Downtown Parking Sanitation District Fund Total City Wide Cash Balance at 1,721,759 46,340 6,265 528,395 24,898 1,439 28,418 82,557 510,399 448,074 1,732,114 32,373 141,941 235,360 13,602 239,934 571,045 51,308 114,834 (11,355) 106 7,231 8,810 (266,211) 22,470 (355,823) 22,157 96,737 2,423,094 609,810 1,600,516 36,295 83,608 10,808,500 Recommended Advances 11,355 266,211 355,823 (633,389) 0 'Tf� ABOVE LISTING ARE TI� CASH BALANCES SHOWN IN TI� GENERAL LEDGER OF TI� CITY OF ARROYO GRANDE AS OF APRIL 30, 2001. � � nda K.Snodgras Director of Financial Services Revised Balance 1,721,759 46, 340 6,265 528,395 24, 898 1,439 28,418 82, 557 510,399 448,074 1,732,114 32,373 141,941 235,360 13,602 239,934 571,045 51,308 114,834 0 106 7,231 8,810 0 22,470 0 22,157 96,737 1,789,705 609,810 1,600,516 36,295 83,608 10,808,500 � pRROy� �■C■ ° �� � INCOAPORATEO � � ° MEMORANDUM � ,,�Y ,o. ,a„ ,� c � ° ��FORN� P TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICE SUBJECT: FISCAL YEAR 2001-2002 APPROPRIATION LIMIT DATE: MAY 22, 2001 RECOMMENDATION: It is recommended the City Council adopt the attached Resolution establishing the appropriation limit from tax proceeds for Fiscal Year 2001-2002. FUNDING: There is no fiscal impact with the adoption of the attached Resolution. DISCUSSION: Annually, the City is required to calculate the expenditure appropriation limit from tax proceeds to determine compliance with Propositions 4(Gann Initiative) and 111(Spending Limitation Act of 1990). This calculation is based on the previous year's appropriation limit ($11,563,602) multiplied by the per capita personal income percentage increase (7.82%) and multiplied again by the population percentage change (1.49%). The State Department of Finance provides both the population change and the per capita personal income change for the previous fiscal year. The City is responsible for dividing Citywide revenues between tax and non-tax revenue, and applying the formula to the cumulative appropriation limit. For Fiscal Year 2001-2002 the appropriation limit has been calculated to be $12,653,647. This calculation means that the City cannot receive more than $12,653,647 in tax based revenues in Fiscal Year 2001-2002. The estimated tax-based revenues for Fiscal Year 2001-2002 have been calculated to be $7,701,385, over $4 million less than the appropriation limit. Therefore, the City is in compliance with Article XIIIB of the California Constitution. Attachments: A. Calculation of Appropriation Limit From Tax Proceeds B. Categorization of Estimated Revenue _ _ __ _ _ __ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A TAX PROCEEDS EXPENDITURE APPROPRIATION LIMIT FOR FISCAL YEAR 2001-2002 BE IT RESOLVED by the City Council of the City of Arroyo Grande that the Fiscal Year 2001-02 expenditure appropriation limit from tax proceeds is $12,653,647, in accordance with Article XIIIB of the California Constitution (Prop.4, SB1352). BE IT FURTHER RESOLVED THAT this year's calculation is to include the percentage change in California per capita personal income, rather than the percentage change in the local assessment roll due to the addition of non- residential new construction, as the price factor. On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 22nd day of May 2001. RESOLUTION NO. PAGE 2 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY C�ERK APPROVED AS TO CONTENT: ST EN ADAMS, C iVIANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Q H Z W � 2 U � Q � Q U O � � z� � N � h q � � O O O � N O o � � � � � U � w w O � O � � � � U O � � � U � U N 0 � M � � � ,--� N � � O � 69 I I 0 0 � + � 0 o � � N 00 � � N � � � �, O � � � on � U � � � � � ° o U . o •� � o ° Q., o � � o � o w° a�. � � � ,o � � o � � }' *� > o � a, � 0 � -� � U �`" �' 'o. o Q. � i-. '�:.� U � � � � � a rn �' 0 � W 0 0 + � � N � d' � � 0 0 � � � 00 � � � � � M M �D vj N N vj � � � � a� � � � U o ° o � � o o U 0 .� � Q.. 0 a 0 .� � 0 � 0 .� > � 0 U � � �o M � �D N �--i bR N O � � 0 0 N � W � � � �I � w � � O F � �+. � a � d � 00 M �--I O � � b�4 y ~ � � �a >z ; O � E � � > � , � a � � � CITY OF ARROYO GRANDE CATEGORIZATION OF ESTIMATED REVENUE FOR FISCAL YEAR 2001-02 Revenue Sources Taxes Property Tax Sales Tax Sales Tax-Safety Transient Occupancy Tax Business License Tax Other Taxes Proceeds From Taxes 2,240,800 3,000,000 300,000 52,500 290,400 Licenses and Peirnits Building Dept. Pemzits Other Licenses and Permits Fines M.V. Code Fines Local Ordinance/Parking Use of Pr�ertv Rent NSF Fees/Cr.Bur.Coll. Aid From Other Gov't A e� ncies M. V. License Fees Homeowners Prop.Tax Relief P.O.S.T. Reimb. Other Subventions P.D.Officer Grant/Sharing Other Grants Gas Tax Streets Revenues 941,200 10,600 343,900 268,050 Charges For Current Services Community Development Fees Safety Impact Fees Recreation Program Fees Sewer Utility Billings Park Development Fees Landscape District Assessment Traffic Signai Assessment Traffic Circulation.Assessment Transportation Facility Impact Water Neutralization Impact Fees In-lieu Affordable Housing Other Current Services ATTACHMENT B Non Proceeds From Taxes 99,000 276,650 55,560 80,700 30,000 84,200 900 35,300 54,700 149,300 183,774 127,750 5,200 546,600 515,100 100,000 5,900 24,000 59,600 55,400 63,100 80,000 158,100 ATTACHMENT B CITY OF ARROYO GRANDE CATEGORIZATION OF ESTIMATED REVENUE FOR FISCAL YEAR 2001-02 Revenue So urces Charues For Current Services Sewer Facility Charges Hydrant Water Water Utility Billings Meter Installations Lopez Water Avail.Charges Lopez Utility Biliings Water Distrib/Main Charges Taxi Coupon Sales Assessments-Parking District Other Revenue Sales of Properiy Expenditure Recovery Miscellaneous Other Revenue Total Revenue, Not Including Interest Interest Percentage Interest % Applied Total Revenue, Including Interest Grand Total Budget City Revenue Proceeds From Taxes 7,447,450 54.77% 253,935 7,701,385 Non Proceeds From Taxes 29,000 9,200 1,523,000 11,500 157,800 1,294,400 31,700 20,000 9,300 2,350 38,350 3,000 230,100 6,150,534 45.23% 209,715 6,360,249 14,061,634 /� PRROY ° �� � INCOHPORATEp 9 V D T � .nxr �o. �e>> , c4 ��FORN� P TO: FROM: SUBJECT: DATE: MEMORANDUM CITY COUNCIL KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES,�,� REJECTION OF CLAIMS AGAINST CITY MAY 22, 2001 RECOMMENDATION: It is recommended the City Council reject the attached Claims for Damages against the City filed by Robert Harris, 1611 Chilton, Arroyo Grande; Fred Wolf, 1113 Ritchie Road, Grover Beach; and Ride-On Transportation, 1160 Marsh Street, San Luis Obispo. FUNDING: None. DISCUSSION: The City's insurance administrators have reviewed the above-referenced claims and recommend they be rejected. Attachments: 1. R. Harris Claim 2. F. Wolf Claim 3. Ride-On Transportation Claim 8.d. �1--� , , C: � � �CW1-e,�a-l...o. � � J� � .Q� C(ty of Arroyo Grande AttaChmerlt 1 , �",� `. CLAIM FOR DAMAGES D��rQG��� (���TO PERSON UR PROPERTY � � u r A^ �tECEf YED File with: CITY CLERK�S OFFICE 214 East Branch Street Arroyo Grande, CA 93420 ..,lTy ,;r x;;,�CYO �':; :� �,...- RESERVE FOR FI IN STAMP �"" Claim No. � '�`► 2s �� i� 35 INSTRUCTIONS 1. Claims for death, injury to person or personal proper'ty must be filed not later than six months after the occurrence. (Gov. Code Sec. 911.2) 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. Code Sec. 911.2) 3. Read entire claim form before filing. � 4. See page 2 for diaqram upon which to locate place of accident. 5. This claim form must be signed on Page 2 at bottom. 6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET. TO: (Name of City) I Date of Birth City of Arroyo Grande , CA of Claimant Name of Claimant Robert (Bob) Harris Occupation of Clai retired H���d��r� Arroyo Grande, Ca < Business Address of Clai. n/a City/State 4�2 0 nt City/State Home Telephone Number $a5 ��89-7375 Business Telephone Number n/a Give address and telephone number to which you desire notices or communica- tio s to be sent regarding this claim: Ar�ro o CA 4�20 When dj,d �AM�GE or.ZNJURY occur? Names of any City.employees Date � U Time 1 3.m. involved in INJURY or DAMAGE If claim is for Equitable Indemnity, give date claimant ri�a served with that complaint: Date: Where did DAMAGE or INJURY occur7 Describe fully, and locate on diagram on reverse side of this sheet. Where appropriate, give street names and address and measurements from landmarks: The damage was done to the entire fence, back,yard and game room of 1611 Chilton, Arroyo Grande. Describe in detail how the DAMAGE or INJURY occurred. The d�.mage occurred because the water from the rains of Mar. 5, O1 jumped the city's berm (curb) at the intersection of Cierra Dr. and Hillcrest, Arroyo Grande. Why do you claim the City is responsible? "� After numerous requests to the city by homeowners that the berm be reinforced, it was not done and consequently the damage. pescribe in detail each INJURY or DAMAGE �he deluge of water early a.m, of Mar. 5, O1 came over down fence-line of 159'�niltonand 1610 Sierra exposing ground utilities, blowing out new block retainer wall t�r�o feet of mud completely over backyard and into game SEE PAGE 2(OVER) TEiIS CLAIM MUST BE SIGNED ON REVERSE SIDE Claimant's Social Security Number berm, all under- a,nd dumping room. The amount claimed, as of the date of presentation of this claim, is computed as follows: Damage incurred to date (exact): Estimated prospective damages as far as known: Damage to property......$�Q Future expenses for medical Expenses for medical and hospital care.....$ and hospital care.......$ Future loss of Loss of earnings........$ earnings..... ......$ S��a���s for 7 9 � Other prospective special .S damages ...............$ General Prospective general Total damages incurred 3 �� 7 damages ...............$ to date .............. $� Total estimate prospective damaqes..... .. ....$ Total amount claimed as of date o€ presentation of this claim.......,$ 3,µ�7 Was damage and/or in��r� �in sti ted by polioe�'Ub11C WOY'KS C311E'.(�__�g'� If so, what City: A y`G�ran`�e Were paramedics or ambulance called? If so, name City or ambulance If injured, state date, time, name and address of doctor of your first visit ------ - - — - --- WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons unow�r��$ t ��� , ��� ormation A�� r p c �611Chilton,AG Dhnnn 489-7375 � res res ��••• '"-`���`�' VGY�,TGL,yi11C7.1i �i'U1��`'f'�� DOCTORS and FiOSPITALS: Hospital Address Phone Doctor Address Phone Doctor Address Phone READ CAREFULLY For a11 accident claime place on following diaqram names of streets, including North, East, South, and West; indicate place of 8ccid�t►t by "X" and by showing house numbers or distances to street corners. If City Vehicle was involved, designate by letter "A" location of City Vehicle when you first saw it, and by "B" location of yourself or your vehiale when you first saw City vehicle; location of City Vehicle at time of accident by "A- 1" and location of yourself or your vehicle at the time of the accident by "B-1" and the point of impact by "X." NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. S�e attached map insert SIDE WALI( cune cuno PnRKwnv S�OIwnLK 7 Siqnature of Claimant or person Typed Name: Date: f� ' on beh iving Robert (Bob ) Harris 3/29/Ol la onsh p o i t: � N TE: IMS MUST B FILED W.iTFi CITY CLERK (Gov. Code Sec. 915a). Presentation of a false claim is a felony (Pen. Code Sec. 72). 5n��� _ _ _ . , . STATUS REPORT #2 May 9, 2001 City of Arroyo Grande P.O. Box 550 Arroyo Grande, CA 93420 Attention: Steven Adams, City Administrator RE: My Principal : City of Arroyo Grande DOI : 3/OS/O 1 Claimant : Robert Harris My File No. : A10271-5 Dear Mr. Adams: �/�� = f�.fl y� � � eas� ��ru eess � ��� PREVIEW: The claimant alleges that his property was damaged due to flooding. GOVERNMENT CODE REQUIItEMENTS A. Action Bv Public Entity: I recommend that the City forward a standard rejection letter to the following claimant: Robert Hams 1611 Chilton Arroyo Grande, CA 93420 Please send a copy of this letter to me to document this file. B. Statute Of Limitations: The statute of limitations will expire six months from the rejection. - CARL WARREN & CO. CLAIMS MANAGEMENT • CLAIMS ADJUSTERS P.O. Box 1052 • San Luis Obispo, CA 93406-1052 Phone: (805) 544-7963 • Fax: (805) 544-1068 R�CE(4'E� �'� �' r K r� :�:�� Ne�ct Repo� �e�1tn��1�,�0�i�= �= a� ���r o � r-�� �: 4z City of Arroyo Grande Steven Adams May 9, 2001 Page Two (A10271-5� CLAIMANT VERSION The claimant claims that his home and backyard were flooded because of the failure to maintain the road above his property. He claims that the berm or curb was insui�cient to divert water away from the adjoining properties. The water jumped the curb, rushed across the properry above his home and damaged his property. The water washed away a retaining wall and flooded the rear portion of his home. CITY REPORT A memorandum from Public Works Supervisor, Randy Robinson, indicates that on the day of the loss, a resident, whose home is located on the roaa above the claimant's property, contacted the city to provide sandbags. Because of the large storm, the city had numerous demands for sandbags. The city was not able to provide the sandbags as quickly as the resident requested. The resident chose to pick up the sandba�s himself. The sandbags were placed near the driveway where the water had jumped the asphalt berm located at 1610 Sierra Dr. City records did not reveal complaints of flooding on the adjacent property prior to this incident. The storm and the change of terrain contributed to the flooding. It was not because of lack of maintenance to city property. LIABILITY The City of Arroyo Grande is not responsible for this loss. A site investigation determined that a home was recently constructed above the claimant's property. The claimant had owned this property and sold it to his son. The claimant stated that he was not involved in the construction of the home. The claimant indicated that the drain inlet, located at the end of the driveway of this new home, was clogged. This area filed with water to a point where the water then flowed into the claimant's property. The claimant had granted his son an easement across his property for this drain. The 4" drain pipe exits into the street located in front of the claimant's home. The proximate cause of this loss was the inordinate amount of rainfall and the drain that was clogged above the claimant's property. City of Arroyo Grande Steven Adams May 9, 2001 � Pa�e Three fA10271-5) CLAIM STATUS• Claim Status Reserves LPD- Harris, Robert COMMENT• Open $3450.00 Loss $1000.00 Expense I am placing my file on diary for June 18, 2001 awaiting receipt of requested copy of the rejection letter. Very truly yours, Cazl Warren & Company l Keith Swanson, LPCS, CCLA � I,.' . . ... .... T �4 , �, } ( , � `'i4 f � j y � < ;� 2 j',. Y i � )� 1 : � L 7 L r ' �;', A � � _� 1 y ��r ��.��. :1�� . . , .., a .�-�. L } � ` i . ': � . i ' , ; :� . l . " :..a. y y k � � y 1 � 1 A f .h�^,� ��� ( r � 5 � r � i:� h ' a ` M S ` tf E � b �J `� 1 1 f ��. � •. t J � � t � n 4 .4�� � �1;.�� ����� � _ t i ) + � . S!4&l� � . Y Y� ua�0 r -. #} u �.. ��' j'� � .. " 1f ,. � x t � y �, ���� ��' �3r4� ; ; ..! I t ;:Y. Y , , . . � . . .{�v���`i+� f��F ! mCi'�:i� y � h 5 ' -.'._ i : A' .' � � '. y C` � � : t$ � � � L, � � � '��S' ('� �� 4 - F "� ,,,� 7: 1 7 +� ` f� , � ; b �, � �4 . , x..� .... . o... ,. . � . . ... _, ... � . . . r..:. . .�� t.,. _ u �: Jw _ , 1 � :� �.k F � 1 , �� :. � �� z ; y ; J. _; �A� '`� �� ��� : 3� v � ;�11� @X��4�15, w�G � �'�� +f�i> $� ��;�, �V�t�'1�'il°t�� � �.� ���'�- , " �> �: �_ h � y � . �. �:: '�. � .:. �. �� '�� �; � �. ti�w_iMn .s�tlsii� `rlf �� .]�Nsnis��i4'i ��' i�,v��i�e�"K � �' F t � � d j �;'m � � x `�1 i 3` � r �� � � � _ - L . �.�'. z{:` � t� f ; ' 3 i. ' ' ", 4 �� � tir " t.. '1 ,�,; ti, � � Jt -> �: ' i � a � � ' � y /y �� !ry ���` � ��#' � , � 'r1 �����i�1� +iM�i���7, e t'�!r�r 9 T i 1 ., �� " � �. F:'`; � � � �t i? i� y Y:, � � ' f d ' - e k � n ..� �'�� _ r P '�, h"4. y { t . �� '�� �. . �, i . I .. � } [ z ` ,�1��' � �l�C �+(,��l��5 " � F � `� ;������ ��t �A , � ? > 5 . A , A �1 X: A � ��. �� �..�' h lk � • � ' Y��.�� Y 4, ry x�' '�`l�. �. � r k, t y _ � �, ��� � � � t F � � �y T t z " s *� C �. �. '� Z* � � r . ,qv ' r! 2 � � 1 . r S�• ! ���; � ,� F,, � i i , � r 11 ._ p � �� t•! '"� .� }?'� q e 8 �� �� L �. � y .. f Y F , � � . �. .°S� � . �� b'�`' t . .`l . 4�1T j t �,"�s µ S tY 7 . ' "° . ��`.,.e.rka.��i . `� .j;� .. _. ..,.. ?... ._ ,. .. . ..� `_ ......, " `' _.�r'. .s�.:.. . ;��'�.�', , . .�,.,�rw '".. `�..� _;? � y,, , ', f � C = ��`� �4orne� �.r f (.��i,rV�-`� �-��, l t.�� � � � � 6 �(t-s �ir. �{.��.)o� File with: CITY CLERK'S OFFICE 214 East Branch Street Arroyo Grande, CA 93420 Attachment 2 - P,ECCIYED �'iT, ► !`,.�. �+ � AC? '" ti� t,�1r��Y0 �: �.,;�, ,._ RESERVE FOR FI IN STAMP Clafm xo. [j ��t,�� ' 2 Pi l 3� 39 1. Claims for death, injury to person or personal property must be filed not later than six months after the occurrence. (Gov. Code Sec. 911.2-) 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. Code Sec. 911.2) 3. Read entire claim form before filing. 4. See page 2 for diagram upon which to locate place of accident. 5. This claim form must be signed on Page 2 at bottom. 6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET. T � - � �� a��� �R���� I oftClaimantth �q /� $13�p Name of Claimant �'��D t�J-Ol�'r Occupation of Claimant. l�Tl tz-�D Home Address of Claimant City/State Home Telephone Number l(( 3�,l,TC4 l C tz D., C� �� ���, �- - o$ S9 ''� SPE�fl l�`P?.12 • 3 5 n.�r�N - 6RI�K-��� u � ° �"i-+-c- Business Address of Claimant City/State I Business Telephone Number ca a3� Give address ana tetepnone numper co which you desire notices or communica- tions to be sent regarding thie claim: �p�S ,��D � {.�o � � ,�S AsoV E Claimant's Social Security Number 5��--52-�5� When di D GE or INJURY occur? Date � Time �0: SO I� Il.( If claim is for Equitable Indemnity, give date claimant served with that complaint: Date: Names of any City.employees involved in ZNJURY or DAMAGE NOt�1C Where did DAMAGE or INJURY occur7 Desoribe fully, and locate on diagra� revezse side of this sheet. Where appropriate, give street names and address and measurements from landmarks: TUS Noc�1-I oF BFaSCO I�t1 ���2 J���s ��1.D OF' �(� C'�-► �.9 p��L- ItJ ,�,�FZ o`l� G RAI�DE� C/4 . on i..�AO� E Describe in detail how the DAMAGE or INJURY�occurred. D2.�.� l 1J C� �SC" f� PP 2��-P�}-t, t.� �'8 R�Sc� Rm P� D ► NT�R.- �Z o �1, 1 ��s5 � � V' G—fz �p U�� � {.�9 D T�}v � . �- . I ��� D L-8V D G��K�I iJ G� R-� lul. � IJ D E Cf� Q. Why do you claim the City is responsible? i 1J�o P R.mP��.�{ ! l �4 �►`1 r.� �D. �o�f�+o� t �"�r�1 G-r2o c� � �.1 f� �� �6V��KP��- iI��KS . � R-C�pa RJC� fi �0O1.�N� `fi� �'T�l �•r'a .Q�,j . �IVD �('Ct/ }-�L.L. � �.'1 �P 12�v O I`4 . IT W�t�S 1�-�'P� l R,FsD fv� 2:�-P�A_ . — Describe in detail each INJURY or DAMAGE �� (-I-T �mr�`r (�3-�E� L �c �..1 � N'�' : TI R� S��4f� . �4X c.� ��-f�c�� , SEE PAGE 2(OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE City of Arroyo Grande CLAIM FOR DAMAGES TO PERSON OR PROPERTY The amount claimed, as of the date of presentation of thie claim, is computed as follows: Damage incurred to date (exact): Estimated prospective damages � �,��� as far as known: �� ��,�,� Damage to property......$ Future expenses for medical Expenses for medical and hospital care.....$ $lla.�.'(l and hospital care. . . . . . . $ Future loss of L oss of earnings........$ earnings..... ......$ Special damages for Other prospective special ....... ...............$ damaqes.. ....... ...$ General�damages.........$ Prospective general Total damages incurred damages ...............$ . to date ...............$ Total estimate prospective d amages..... .. ....$ Total amount claimed as of date of presentation of this claim........$ Was damage and/or injury investigated by poliae? ��O t2�.'�D 'T'� C.tYN { J�IL If so, what City: �E.�1a 6R�4NDE CA Were paramedias or ambulance called? If so, name City or ambulance If injured, state date, time, name and address of doctor of your ffrst visit WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name Address Phone Name Address Phone Name Address Phone DOC'TORS and HOSPITALS: Hospital Address Phone Doctor. Address Phone Doctor Address Phone READ CAREFULLY For all accident claims place on following diagram names of streets, including North, East, South, and West; indicate place of gccid�ht by "X" and by showing house numbers or distances to street corttArs. Zf City Vehicle was involved, designate by letter "A" location of City Vehicle when you first saw it,' and by "B" location of yourself or your vehicle when you first saw City vehicle; location of City Vehicle at time of accident by "A- 1" and location of yourself or your vehicle at the time of the accident by "B-1" and the point of impact by "X." NOTE: If diagrams below do not fit the situation, attach hereto a proper diaqram signed by claimant. cune 7 , Siqnature of Claimant or person filinq on behalf giving Yelationship to Claimant: SiOI•wnLK � Typed Name: �R�n W b �.r' Date: , o � c�a�c-�. �� � d � 1�.� ��-, NOTE: CLAIMS MUST BE FILED W.LTH CITY CLERK (Gov. Code Sec. 915a). Presentation of a false claim is a felony (Pen. Code Sec. 72). � Q' �fl � � � � /Y`� �;��T.p. �.. � y � ,� �. a� SIOC WnIK E� CA�.�.� �.► o R� �� � g N � @�tsc.-o ���� ���� ,�7--�� � � � �✓ --�-�----_--_._._- FECE�vE� , �,�� Next RePo�����u�����1�:�:k; � STATUS REPORT #2 �� F� � f�� r�_� �' � z May 9, 2001 City of Arroyo Grande P.O. Box 550 Arroyo Crrande, CA 93420 Attention: Steven Adams, City Administrator RE: My Principal : City of Arroyo Grande DOI : 3/29/O 1 Claimant : Fred Wolf My File No. : A10262-S Dear Mr. Adams: PREVIEW: The claimant alleges that a pothole damaged his vehicle. GOVERNMENT CODE REQUIltEMENTS A. Action By Public Entit� I recommend that the City forward a standard rejection letter to the following claimant: Fred Wolf 1113 Ritchie Rd. Grover Beach A 93433 Please send a copy of this letter to me to document this file. B. Statute Of Limitations: The statute of limitations will expire six months from the rejection. CARL WARREN & CO. CLAIMS MANAGEMENT • CLAIMS ADJUSTERS P.O. Box 1052 • San Luis Obispo, CA 93406-1052 Phone: (805) 544-7963 • Fax: (805) 544-1068 City of Arroyo Grande Steven Adams May 9, 2001 Pa e�, Two �A10262-5) CLAIMANT VERSION The claimant claims that the city failed to maintain roadway. He claims that his vehicle was damaged by pothole in street. CITY REPORT A memorandum from Public Works Supervisor, Randy Robinson, states that the defect in the road was a depression that was reported to the city on March 29, 2001. A crew was dispatched to apply a layer of cold mix as a temporary repair. This was not an actual pothole but a depression. He felt that the claimant might have been exceedin� the posted speed limit of 35MPH to cause the damage the claimant asserts. LIABILITY The City of Arroyo Grande is not responsible for this loss. The claimant himself admits that he was aware of the depression in the road. He never reported it to the city until it damaged his car. The claimant was on notice of the depression in the roadway. The city responded prudently when it was notified of the problem. CLAIM STATLTS: Claim Status Reserves LPD- Wolf, Fred Open $320.00 Loss $500.00 Expense City of Arroyo Grande Steven Adams May 9, 2001 Pa e Three A10262-51 COMMENT: I am placing my file on diary for June 30, 2001 awaiting the requested copy of the rejection letter. Very truly yours, Carl W en & Company ith Swanson, LPCS, CCLA � � �,�'�', s,��,,,� ��, , '� ,.' < , ,� "``� � � "' � � �,�'� d��ti� �... p _ �w�. ����t������� '. ,. . � ,� �t. ,,,_ f � � ` � � x 6 ��� h.�� - s... y . ='k.r: � s ' f. ` z a y`- , 'v � � � y i 3 � � f , S h ����, � #' a µ i t ' ' � � �. - � � i:' f 4 � � � � � j� �x y � � /':�� 3 � � � ,� � r , ���I�'�K�' ._�_�4.����A"^�'^ .t 'Y 1 x � ry, y �}�_ j' � r � ��'�� ��✓.n�� { .a � y . . \ - t -`' -' �. � .' .�� �� 4 ���Z ..,, a. ... il ^ h:� . _ . . . , . . _ . � i�. . . , . ..� ._ � . _ . . . .. �-. f ��4.' T �'.� � � � h � ' � ��� { � y �� � �k�-��T�,����� tFle{'c��n� ;��',� ��:�;��►�2; �pQ�i� �j� � :� ,<< � � ` � � ''� r � , ;; _; � � ��.Y t . ^.h , ic _ . .� < . . � . . . . . D� t�t� ���r� �,�r f f ^ 1 A t� �� �� ��r����� _ -�:� f } � 4 } F , ^ ? y � . � ; ` �I _ 4 ; [ ' F � b � - }� ��' k �� * � � l � { f � � ��*� � ; � ' � 4 � Y ! ��..�' r C �1��� � ��� � � � l ) ���?�' ������'!� :'�!'1�C� , � 'r ti � ' � ` �� s - y ' � �; IYf � 1 l ' ( �iFl) �f��j�+*� f � � Y _ 6is �xfgY {��� ��. - 1 � � � � t '� � ` � .�� � t .' 4 �� 7:, �. � i `� `� �( ��� � � t 4 5 �: i r r '.1�,��1��'`���� # t r r k �� �� � � '�� .�.�x ' " � �.! b 1 4 � ` -.0 ,+. � 'y � Y tt RV H ..1 r ` � � � > l > r _ ` ` l ` �� F � � � � ; lf+� /.• 1, F ." .`� �� -�� 7 i k '. fi i S . � �,„ 4➢1i 3 � 2� r �` �.�� 1 � r� �`L' �+ r ,'4i � � { 1. , + » , : % f�� � t y� Y t�� :; . `�S � y � -�� 't`� 1 .-. '' � '' k S F � . . � �- E l �t? Y e>�,^C Y 1 � ?� li. t S f , � .��, � � � t, � ,:� '�f ' µ'� x. •.., . .... ,. ..-.t ...... > :;r;."f. �c.,..� :w..:.h.:.�,. :.w,.i.4e"�i.��� _. „ .,:�'..... MRR. 6.2061 5�42PM RRROYO GRRhDE CITY � C � ��� u � Clty of Arroya Grande ����'''"�� M FOA DAMAGE3 � r � � , .�,� r `, �,'., � PR �PERTY ��� �� � � � NO. 436 P, 2/.� � / � �� � r , M� ���7'�" �cd�. -�n 7�v�: F�ie ��tK: +� �. �� I fi�PR - G��� 1 I� 5� asss�.ma Fox s��n 5�3 -�d�S CITY CL&L�K�S PIC� Cla i m No. 21a EeSt Btnr�ch Street AYYOyo Gralzde, CA 93420 . Attachment 3 TNsmttae*rioxs 1. Clnims tor death, injury to per�o� ar poreonal property must be tiled not leter than oix montha nPtar the occ�errenca. �cov. Cvda ssc. 911.2� 2. Ciaime Pcr damage5 to zen2 property must be file8 not later tban i year aPtet the OCC1lrrenae. �Gov. Code 9eC. 911.2) 3. ltead entire alain� lorm AeFore lilitlg. A. 6�e page 2 for 8iagram upon ahiah tc locate place oi acaiden�. 5. TAis clai�a torm mr�►ot be 6ign�fl on Page 2 at bottom. 6. Attaah separate st�aets, if nece�sazy, to give fuli �tetails. SIGN LACH SftRET. T0: (Name of Ci �J xama oP �laim � . Home A88ress of Businass �►ddree � �y, � � �afl �R' �.��' ��DZ, ��N�yf� Give addresa s,nd t�olep,llone number to vhiah you deeire naticas or com�auniaa- tione to De eent seqorfling thi� ala.im: Wheri �3d D�►MAGE or tP c!L$im ie ior Squitsble Indemnity, givs dato cla3riwnt eerved wi�eh that eomplafRt: ' Oate: o! Claimant �o ( -8 5► �.laimaht�s sxial Securi.ty rlumloer o� ariy, Cit,y s�ampioyeea ved in IN.7IIRY or aAt�AGE N01�� piA,ar� 4id DAMA6E or INJtlRY occur? Oe�cs3be �u].ly, ar�d 2ocate on dlagtpA{{ orl re�erse side cf tlfis sheet. Where sppropriate, give 6tres� name� ead address an8 taeasurem�nts lroa� landmarks: .5��, �Ne�De�� `��. n�� a��acl��� � Ueacribo in detail ho�r tt►e DAHAGE or tNJpRY ocouzred. �' ���C�� a ►� o � � �l�l�� �Zo A�� Q ��t C�D - c��r��'1kJ�i {_ � � �us , �Bu� �� !1 � �u asl-o I� WAy do you ciaim the City is reeponsible2 I �o Iea.� ua �-e.r r�• c:� C e M r ro ..,. � s� d �� t o a ul c ,� 1, � e.l. S a � t� � o.+� �icl�� cl �, 5.+4� V�o( w Desaribe in aa�aii each INJVRY oz pA!(AGE ' SEK PAGE 2(OVSRI THIS CLAIM ?[OST HE SI6NL"D CN R8V8RSE SIDE . : `; h1qR. 5.2001 5�42PM ARRQYO GRAf�IDE CITY . No .436 The amount claim�d� as oP t�e d�ta oP presentat�on of thie clail�, ia computed aa follovs: pamaqe ineurred to dote �exaat� Est�,mated pz�vspeotive da�naqes ss iar a� knoNn: Dasna4e to preperty......$�•✓�'� Futw�o axpensee tor m�dical Expenses �or medica]. at�d hospitai cnre. ....� and hnspitni cere.......� Futura ],oas ot Loss o! earnings........5 earninqs...... ......-$ Special dam�� _!c�, � g �� �ag psrosl�ective apeaf aL l�dlll/.;`G---. os.....�.... -S �eneral�damages.........5..� Prospeetive generai� Totel damages inourzed damag9s ...............$ to 'date . . . . . . . . . . . . . . . $ Total esti.�rvate proapec�iv� clamages_.. ..... ..$ Total at�our�t �laitned a8 oZ eate o! � pzesente�tion ot tltis ela3m,.......$ Wns da�aage andjo; in If �o, �thnt Ci�Y�_.r_. were paramedics or a Z� 60, nsme city or Ii in7ttred, eta�a da viai �b � . sw��x P.3i3 po�tx tQiTldBS8F.5 �o D]�iAGE or ZN�URY: List ail persons and addre8sea o£ persofle ��6���'� n�a�.. _....-_._- ----•- READ CARE$ULLY For all accldottt claims plave on Pollowirtq diagram narae� of etreets, �lnclu6iag Rorth� Eesb, South, and West; indieata place e� r�eoidbnt by �RX" anfl by showinq hons� numDers ot distances to ��reet cornoxa. I! city � vehicle waa invalved, d�signnte by ietter "A" location o! City Vehio�s rfhen ynu first saw it� at►d by "8" locaticsa o! youa�sax� or your variicla vhQn you i irst eaur cit�► vehicle; location ot c3ty v�hiole at tin� of acaidot�t by hA- 1" and location og yvurcalf ve yvur vehicle �t the time ot the eacident by ��g aed the pol,nt oP impnct by ^R.'� NO�I�B: I! diagrams belov do ne� !i� tha situation� a�tach h�ro�o a prepar diagram signed by claimant. . / signsture o� ClellAettt or person �ilinq on behaif qiviriq rel.a�:xonehip to Cla3�nant: • ,�,t�4. r s�-..�y'- P�� � a d 0 � �uRP Typed. Name : Dt►te : 117�R K �_' 51��'��.. 'S� G -o/ NdTE: CI,7��HS 1�fT�ST BS FIUEp �CITtI CITY CLERK (GOV. Code SeC. 9158) . presenta�iOh of a lalse e].a�,m ia a telony (Pen. Code Sec. 7�). .�GL� �, DocTORS �n� �QSPiTAt�s: Hosp3�tal �►a dress P �one � Doet�ar�� —Addreae Phorie Dockor_ �dress �hone RIDE-0N TRANSPORTATIQN:1160 MARSH ST.,SUITE 108 �AN lU1S OBISPQ, CA., 93401 (80� 541-$747 �sa - .�. ` F� DATE: �J -� - G l 1NCIDENT: oa� ep}� RIDER: � 2t�`� � 1�e �o�-r� BY : _���, 1 M G e tie �cte � e � GONTRIBUTIl�iG FACTaORS ! �� DRNER ! STAFF 1 , l .l � er -�--- �wv� i ���Enrr r-o�ow-uP V . �� � ��e � f�� - � r� � �o �� �,�s S�iVi3 COPIES TO OPERqTIpNS i�AqNqGER AND DIRECTpR E11El�i'TS`. w-ere rvc� �tv�►���r�cJ�. � _ , . O , April 27, 2001 �;�c�►�j�� ; ( ► ��` t� < <"� `:. ; � i' Q .. , .';' . � Next Report Due: June 15, 2001 �, �� � 3 � ��T�I�S REPORT #2 City of Arroyo Grande P.O. Box 550 Arroyo Grande, CA 93420 Attention: Steven Adams, City Administrator RE: My Principal : City of Arroyo Grande DOI : 3/OS/O1 Claimant : Ride On Transportation My File No. : A102835 Dear Mr. Adams: PREVIEW: The claimant alleges that a sinkhole caused damage to their bus. GOVERNMENT CODE REQUIREMENTS A. Action By Public Entitv: I recommend that the City forward a standard rejection letter to the following claimant: Ride-On Transportation 1160 Marsh St. #107 San Luis Obispo CA 93401 Please send a copy of this letter to me to document this file. B. Statute Of Limitations: The statute of limitations will expire six months from the rejection. � � � M��� � � ��t � � CARL WARREN & CO. CLAIMS MANAGEMENT • CLAIMS ADJUSTERS P.O. Box 1052 • San Luis Obispo, CA 93406-1052 Phone: (805) 544-7963 • Fax: (805) 544-1068 City of Arroyo Grande Steven Adams Apri127, 2001 Page Two (A10283-5) CITY REPORT The city records indicated that the area where the sinkhole appeared was due to a broken storm drainpipe. On the day of this incident the area experienced heavy rainfall. Cor�sequently, the large amount of water entered the void in the pipe and eroded the surrounding soil. The soil erosion subsequently undermined the street that caused the sinkhole. The pipe was an older corrugated steel pipe. Forty-five feet of the pipe was replaced with new plastic pipe. There were no prior problems with this pipe before it failed. LIABILITY The city is not responsible for this loss. The event was unforeseeable. There was no prior notice of this condition. The city acted responsible by repairing the pie in a timely manner. CLAIM STATUS: Claim Status Reserves LPD- Ride On Transportation COMMENT: Open $13,100.00 Loss $1000.00 Expense The claimant was advised to turn this matter over to their insurance carrier. The claimant has done this. The insurance carrier, CNA, has contacted the city and this office regaxding the damage to the bus. CNA claims that their insured is Cerebral Palsy. Ride- On is an additional named insured. CNA's purpose of their call was to put the responsible party on notice of the forthcoming subrogation claim. This subrogation claim must be made against the City of Arroyo Grande. I am placing my file on diary for June 15, 2001 awaiting receipt of requested rejection letter. Very truly yours, Caxl Warren & Company Keith Swanson, LPCS, CCLA ��� � 1 � 6� � �� ^� x ` y '`"'i a � r ' "� ` � �.' �.'. ,� r � E _' ? , �;. ,- � � . � r � i , , � .�f f>; 7�.$+� sr fa . r ,* r? " �� < Y ���, � .,.��;.: r _,.._.. . .. , . . _ .. . � . ._ . i�:".'I ��a�'�lQi'14►47RF;�'VCil� , � � t �ti � r d, r- s n i 1,� � �., ` � a �* ° . r y, h � � � � a.���� � r ' n r � ,�� t 4� % 7 h - 1 .� '� �, c 1 .: y�r� �`�� �. . m. ,� ° i�. � + P� ������� ! j F Yj' t M fl� �:. �, ��� f ? , �' ��*'� ��•��� ��� _ r; �`� ��p4r �►, ��4Q� > � �, � � � , � '�� t � '= , � :. 1 � -,,;. . �., . < _ r. ,� `. � - ° ' ; �>-�— —, � _.. . -� , . . .', s� .�.r': - ,»'�v� � , .,._:''�.; x. . .. . ._, � r — * :: , 'y , ����.;� , — :'ts . ; , . �i���_ _' �" ' - , l, i .,�"� i .i�,� .�a.� . ..� .._ . , ._ _ :. � _ .. . � _. � � r� . �. . � M . � > , '.'Yj' } .- � a ..�,-.., � Y � � �}� - r - � i s. .� �� �� i ` . � ' . �[. ; , � ' � �3.` ;�. �� �� �6A � � �� �,��� �3i�i�F� `Tli3l11�!Si�� r �"'i'�'a , �� �' p �.�'+ e ? n k�� A � '�[�7i .� � � ���'1 �r „�!��'t�pH[ �r �t���' � fl� �!'A' ��" � ���� ; f �.� ,� bl :-. � .. .. . .�i . �. r_:... _a.. �<.�a , a ....H ,... �.k �.':T�... �.� <. ...F 2 S � � - > ,':'+ �:,; �r, v . y � ..." 4 . � � � �'i ; �a. � � '�":6 s ', " 7 �j + -'� +,'; - - ,_ , C � ,. .�; ' r _ - _ ��. � . ., 1',, � ' 1� . 't 4 ��� �' d ' 1 S t 41��. � , ��dl�it��V� &�e��� , �'� � ' ,, < ���� y ��� � , Y f�� ' ti � � k t � �, � � � ��� _ � « an �''4`.: 4l ���� �' � � �. � ' i r . �� � �!1v,��� i�V � � f , � � 0 . +d 4 V _ i r Y �,< s s i l r � ������� �Q " � � { F S s J y , k 1 1�- �1 - i� � 1'�" i ,- 4 � ., /'�: ( ( i 1, ' ' `t� -� ,'.;, �• � - *' .�'r , � r �� � t � ? �" y x � ` '� 3 r 9 L � ��, f.� *'�.^� � � � } .�..` y 3 �* � .�" �'A 4 � y7 9_ � S X' k( .{, Y, � ��*"""'Y' "}�.���"�rs'�..���� ,a y �� �� �.yy` $ � t i X T �. 8.e. MINUTES SPECIAL MEETING OF THE CITY COUNCIL TUESDAY, MAY 8, 2001 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA SPECIAL CITY COUNCIL MEETING Mayor Lady called the meeting to order at 6:01 P.M. Mayor Pro Tem Ferrara, Council Members Runels, Dickens and Lubin, City Manager Adams, and City Attorney Carmel were present. 1. PUBLIC COMMENT: None. 2. CLOSED SESSION: Mayor Lady announced that the Council was going to meet in closed session to discuss the following matters: a. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Govemment Code Section 54957.6: Agency Negotiators: Steven Adams, City Manager Unrepresented Employees: Management and Part-time Employees b. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Initiation of litigation pursuant to Govemment Code Section 54956.9 (b) in- volving one (1) potential case. c. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to Govemment Code Section 54956.9 (b) involving one (1) potential case. 3. CLOSED SESSION ANNOUNCEMENTS: Mayor Lady announced that there was no reportable action from the closed session. 4. ADJOURNMENT TO REGULAR CITY COUNCIL MEETING: The meeting was adjourned at 6:58 P.M. to the regular City Council meeting of May 8, 2001. Michael A. Lady, Mayor ATTEST: Kelly Wetmore, Director of Administrative Services/ Deputy City Clerk MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, MAY 8, 2001 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Lady cailed the Regular City Council meeting to order at 7:06 p.m. 2. ROLL CALL City Council: Council Members Runels, Lubin, Mayor Pro Tem Ferrara, and Mayor Lady were present. Council Member Dickens was absent. City Staff Present: City Manager Adams; City Attorney Carmel; Director of Administrative Services Wetmore; Recreation Supervisor Perrin, Director of Public Works Spagnolo; Director of Financial Services Snodgrass; Director of Building and Fire Fibich; and Chief of Police TerBorch. 3. FLAG SALUTE Mark Miller, representing Boy Scout Troop 432, ted the Flag Salute. 4. INVOCATION Pastor Robert Banker, Open Door Church, delivered the invocation. 5. SPECIAL PRESENTATIONS None. 6. AGENDA REVIEW 6.a. Resolutions and Ordinances Read in Title Only Council Member Runels moved, Council Member Dickens seconded, and the motion passed unanimously that all resolutions and ordinances presented at the meeting shall be read in title only and all further reading be waived. 7. CITIZENS' INPUT. COMMENTS AND SUGGESTIONS Mike Liebo, 273 Canyon Way, spoke about the "Destination Imagination" program and introduced a group of students from Ocean View School who had placed first place in competition at the State level. He stated that Judkins and Ocean View Schools would represent California in the National competition at Knoxville, Tennessee in May. Following a brief presentation of "Destination Imagination", Mr. Liebo requested the Council consider a donation to the group to assist with travel expenses. Jonni Biaggini, Executive Director of the San Luis Obispo County Visitors & Conference Bureau, spoke about the tourism industry and announced it was National Tourism Week. She presented the Council with a framed poster to hang at City Hall. CITY COUNCIL MINUTES MAY 8, 2007 PAGE 2 Phil Kolbo, 550 Via Vaquero, spoke about his project located on Camino Mercado and requested guidance and action regarding the current development impact fee structure that was implemented in March 2000. He spoke about the impact of the new fee structure on his small development which increases the fees for his project by 50%. He stated his project was approved and in the pipeline before the new fees took effect and requested that the Council look into the fairness of grandfathering the previous fee structure for his project. 8. CONSENT AGENDA Council Member Lubin moved and Council Member Runels seconded the motion to approve Consent Agenda Items 8.a. through 8.i., with the recommended courses of action: 8.a. Cash Disbursement Ratification. Action: Approved the listing of cash disbursements for the period April 16, 2001 through April 30, 2001. 8.b. Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of April 30, 2001. 8.c. Minutes of Special Joint City Councils/Board Meeting of March 26, 2001. Action: Approved minutes as submitted. 8.d. Appointments to Parks and Recreation Commission. Action: Approved 1) Mayor Lady's appointment of Bruce Lewis to the Parks and Recreation Commission; and 2) Council Member Dickens' appointment of Pamela lanneo to the Parks antl Recreation Commission. 8.e. Landmark Tree Designation - 406 Golden West Place. Action: Approved Parks and Recreation Commission's recommendation and adopted Resolution No. 3516 designating Landmark Tree #01-63 located at 406 Golden West Place. 8.f. Scenic Creekside Walk Through the Historic Village of Arroyo Grande, Phase II, Progress Payment No. 4. Action: Authorized progress payment in the amount of $41,986.39 to R. Simons Company, Inc. S.g. Resolution Opposing National Fire Protection Association (N.F.P.A.) Standard 1710. Action: Adopted Resolution No. 3517 opposing N.F.P.A. Standard 1710. 8.h. Proposed Stop Signs on West Cherry Avenue at Orchard Street. Action: Approved Traffic Commission's recommendation to adopt Resolution No. 3518 approving stop signs on West Cherry Avenue at Orchard Street. 8.i. State Declared Disaster - March 2001 Winter Storms. Action: 1) Adopted Resolution No. 3522 identifying individuals authorized to execute Office of Emergency Services (OES) documents for the purpose of obtaining financial assistance; and 2) Appropriate $50,000 of the City's Urban State Highway Account (USHA) funds for the 25% local contribution to remove and replace the damaged sidewalk on Rodeo Drive. CITY COUNCIL MINUTES MAY 8, 2001 PAGE 3 AYES: Lubin, Runels, Dickens, Ferrara, Lady NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 9. PUBLIC HEARING: 9.a. Application for Certificate of Public Convenience and Necessity - Grover Beach Taxi ("GBT") Director of Administrative Services Wetmore highlighted the staff report. She explained that an application for a Certificate of Public Convenience and Necessity was received from Leland and Amy Simpson to operate a taxicab service called Grover Beach Taxi within the City limits of Arroyo Grande. She stated the Council must conduct a public hearing and determine if there is a public need or convenience that requires another taxicab service in the City. Mayor Lady opened the Public Hearing. Dutch De Groot, Five Cities Taxi, spoke in opposition to approving an additional taxicab company. Jeff Goldenberg, Beach Cities Cab, spoke in opposition to approving an additional taxicab company. - Hearing no further public comments, Mayor Lady closed the Public Hearing. Council Member Dickens inquired abQUt the status of the two previous taxicab companies that had received approval. Director Wetmore responded that the finro taxicab companies had met all the conditions of approval and had been issued and were currently approved to operate in the City. Council comments and discussion included allowing opportunity for competition in an open and fair market; enforcing #he City's economic development strategy; and the difficulty in determining whether there was a necessity for an additional taxicab service. Council Member Lubin moved to adopt a Resolution granting a Certificate of Public Convenience and Necessity to Five Cities Taxi Service for the operation of a taxicab senrice within the City limits contingent upon full and total compliance with all conditions and requirements of Title 5, Chapter 10 "Taxicabs" of the Arroyo Grande Municipal Code. Council Member Runels seconded the motion, and on the following roll-call vote, to wit: AYES: Lubin, Runels, Ferrara, Lad�r NOES: Dickens ABSENT: None CITY COUNCIL MINUTES MAY 8, 2001 PAGE 4 There being 4 AYES and 1 NO, the motion is hereby declared to be passed. 10. CONTINUED BUSINESS 10.a. Request for Speed Reduction on Huasna Road. Director of Public Works Spagnolo presented the staff report. Staff recomrnended the Council adopt a Resolution amending the City's speed survey to reduce the speed limit on Huasna Road from 45 miles per hour (mph) to 40 mph. Council Member Lubin asked whether staff had met with the Court's Traffic Commissioner and whether the City would be creating a speed trap. Chief TerBorch responded that staff had not met with the Traffic Commission, however, had spoken with the District Attorney and a Judge regarding the issue. Council Member Runels commented that when Huasna Road was smoothed out and repaved, cars would increase their speed. Due to the proximity of the park and residential neighborhoods, he supported a 5-mph reduction in the speed limit Mayor Lady opened up the item for public comments. Victor Verze, 950 Huasna, spoke in support of the reduction in the speed limit to 40 mph and expressed a desire to see it further reduced to 35 mph in the future. Hearing no further public comments, Mayor Lady brought the item back to Council for consideration. Council and staff discussion ensued regarding the speed survey; pending legislation regarding new criteria for traffic surveys; issues relating to the enforcement of the speed limit; and the potential for reducing the speed limit further in the future based on new data. Council Member Dickens moved to adopt a Resolution amending the City's speed survey to reduce the speed limit on Huasna Road from 45 miles per hour (mph) to 40 mph. Mayor Pro Tem Ferrara seconded the motion. Further discussion ensued regarding the validity of the speed survey should a speed citation be rejected in court. On the following roll-call vote, to wit: .. AYES: Dickens, Ferrara, Runels, Lubin, Lady NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. CITY COUNCIL MINUTES MAY 8, 2001 PAGE 5 10.b. Resolution Establishing a Standard Schedule for Development Impact Fees. City Manager Adams presented the staff report. He explained that in March, the City Council approved a new fee structure to more accurately identify land use categories in calculating the traffic facilities fees. He stated staff was requested to further modify the development impact fee tables so they were all consistent with the format utilized for the traffic facilities fees. He explained the tables had been modified but the fees had not been increased. Staff recommended the Council adopt a Resolution establishing a standard schedule for development impact fees. Council Member Runels asked for clarification regarding the fee for the cemetery land use category. City Manager Adams explained that the fee would be charged only if a new cemetery was constructed in the City or the existing one was expanded. Council Member Dickens asked if Mr. Kolbo's earlier public comments regarding development impact fees could be addressed at this time. City Manager Adams stated the Council could raise the issue and ask staff to provide direction regarding the matter; however, the Council could not take any action with respect to Mr. Kolbo's request as it was not listed on the Agenda. Council Member Runels moved to adopt a Resolution establishing a standard schedule for development impact fees. Mayor Pro Tem Ferrara referred to projects in general that were approved and in the pipeline prior to the adoption of the new fee schedule and asked for clarification on whether or not there was interest in discussing the issue at a future date. City Manager Adams clarified that there were approximately five or six projects that had received approval but had not been issued a building permit. He explained that fees are calculated at the time the building permit is issued. He further explained the appeal process that was available to the applicant. Following further discussion, there was consensus to direct staff to place on a future agenda consideration of a policy to apply the prior development impact fees to projects that received approval before the new fees went into effect in April 2000, but had not yet received building permits. Council Member Runels moved to adopt a Resolution establishing a standard schedule for development impact fees. Council Member Lubin seconded the motion, and on the following roll-call vote, to wit: AYES: Dickens, Ferrara, Runels, Lubin, Lady NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. CITY COUNCIL MINUTES MAY 8, 2001 PAGE 6 11. NEW BUSINESS 11.a. Modification to California Public Employees' Retirement System Contract. Financial Services Director Snodgrass presented the staff report. She explained that as a result of side-bar negotiations with the Arroyo Grande Police Officer Association, an agreement had been reached to increase CaIPERS retirement benefits from 2% at age 50 plan to the 3% at age 55 plan for police officer employees, effective January 1, 2002. Mayor Lady opened up the item for public comment, and upon hearing none brought the item back to the Council for consideration. Council Member Dickens moved to introduce for first reading an Ordinance amending the contract with the California Public Employees' Retirement System. Council Member Lubin seconded the motion, and on the following roll-call vote, to wit: AYES: Dickens, Lubin, Runels, Ferrara, Lady NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. Council Member Dickens moved to approve and authorize the Mayor to sign on behalf of the City a Resolution of Intention to amend the contract with the Califomia Public Retirement System. Council Member Lubin seconded the motion, and on the following roll-call vote, to wit: AYES: Dickens, Lubin, Runels, Ferrara, Lady NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. Council Member Dickens moved to approve the Side Letter of Agreement amending the existing Memorandum of Understanding (MOU) with the Arroyo Grande Police Officers Association (AGPOA). Council Member Lubin seconded the motion, and on the following roll-call vote, to wit: AYES: Dickens, Lubin, Runels, Ferrara, Lady NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. CITY COUNCIL MINUTES MAY 8, 2001 PAGE 7 12. CITY COUNCIL REPORTS a. MAYOR MICHAEL LADY (1) South San Luis Obispo County Sanitation District (SSLOCSD). 1) Held election of officers and was reelected as Chair; 2) Reported on status of grant from APCD regarding the proposal for the cogeneration project; 3) Barbara Mann from OCSD was elected as Speciaf District representative; and 4) Conducted 2001-02 budget hearings. (2) Other. 1) Arroyo Grande hosted the Mayor's Meeting on Friday, March 30�'; and 2) Participated in meeting with Assembly Member Maldonado and Supenrisor Achadjian to receive information and discuss potential funding mechanisms for the EI Campo interchange. b. MAYOR PRO TEM TONY M. FERRARA (1) Integrated Waste Management Authority Board (IWMA). No report. Next meeting is May 9, 2001. (2) Air Pollution Control District (APCD). No report. Next meeting is May 23, 2001. (3) Long Range Planning Committee (LRPC). No report. Encouraged future discussion on the future of this Committee. (4) Other. 1) Will be attending the League's Channel Counties Division meeting in Santa Barbara; and 2) Will be attending a meeting with Supervisor Achadjian to discuss the condition of The Pike and potential funding available for resurfacing the road. c. COUNCIL MEMBER THOMAS A. RUNELS (1) Zone 3 Advisory Board. The first phase of the Lopez Dam remediation project will begin soon; all permits have been received. (2) County Water Resources Advisory Committee (WRAC). No report. (3) Other. 1) Attended the SSLOCSD meeting as the altemate; 2) Meeting was held on formalization of . the gentlemen's agreement for the Santa Maria Valley water rights case. d. COUNCIL MEMBER JIM DICKENS (1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORTA). Distributed "Regional Housing Needs Determination" handout to Council Members and recommended that City staff be involved in the issue and provide a briefing to the City Council on the regional housing needs assessment process that is being mandated by the State. (2) Community Recreation Center Subcommittee. Website being created; members of the subcommittee will be at the Strawberry Festival to hand out informational flyers; Cal. Poly class not able to take on the next stage of the project; however, they m.ay be able to commit to a summer project. (3) Economic Opportunity Commission (EOC). Reported on Homeless Awareness Week; will be attending the Homeless Walk from the Shelter to the Prado Day Center. CITY COUNCIL MINUTES MAY 8, 2001 PAGE 8 (4) South County Youth Coalition. 24-hour Relay to be held at Arroyo Grande High School on May 19�' and 20�'. (5) Other. Will be attending the EVC Annual Breakfast on May 18"' to accept recognition for the award the City received at the CALED Conference.. e. COUNCIL MEMBER SANDY LUBIN (1) South County Area Transit (SCAT). 1) Board approved an increase of the pickup charge from $2 #o : $3 for the senior taxi program; the Board also approved raising the price of a 10-ride card to $40; 2) Approved relocation of bus transfer station from Ramona Avenue in Grover Beach to the Train Station; and 3) Reported that a Lopez Lake Shuttle Program would be available this summer for youth. (2) Economic Vitality Corporation. Met April 25"'. EVC received Statewide recognition; CEO Dave Spaur to meet with the City Managers to ensure that scope of work expectations are being accomplished; and EVC staff would be recommending a continuation of the City's $5,000 commitment in next year's budget. (3) Other. None. 13. CITY COUNCIL MEMBER ITEMS a. Consideration of additional potential transient occupancy revenue options. (Ferrara) Mayor Pro Tem Ferrara spoke about' a tourism assessment charge that the City of Sacramento adopted by Ordinance establishing the Sacramento Tourism Business Improvement District. He stated this was not considered transient occupancy tax. He said this was an idea for generating additional revenue to be used for marketing purposes and asked if the Council was interested in pursuing the issue. Following discussion, staff was requested to research and report back on what would be required to institute a tourism assessment on hotel/motel bills as has been done in Sacramento. 14. CITY MANAGER ITEMS None. 15. COUNCIL COMMUNICATIONS Mayor Lady inquired whether the draft General Plan documents would be placed on the City's website. Staff responded the materials would be available on the website. Council Member Runels requested clarification on the status of a number of parcels in the area between East Cherry and Myrtle Street that had requested rezoning and whether they should be further addressed in the General Plan Update process. City Manager Adams replied he would look into the matter and provide a status repo,� to CounciL Mayor Pro Tem Ferrara reported he had been approached at the Soto Sports Complex during the Five Cities Girls Softball Tournament regarding the lack of recycling bins. He requested staff determine if recycling bins were provided at the City's ball fields and parks and to provide containers at the sites if it was not currently being done. CITY COUNCIL MINUTES MAY 8, 2001 PAGE 9 In response to an inquiry from Council Member Lubin, staff was asked to identify what recycling requirements are currently in place for apartment buildings and whether any improvements should be made to the program regarding this issue. Mayor Pro Tem Ferrara announced that there would be a statewide energy conservation exercise at 10:30 a.m. on May 24 to prepare for Stage 3 alerts. He recommended that the City participate. 16. STAFF COMMUNICATIONS City Manager Adams asked for clarification on the request for funding from "Destination Imagination" and asked whether there was a consensus of the Council to add this to a future agenda. There was consensus of the Council to consider the request at a later date. 17. ADJOURNMENT Mayor Lady adjourned the meeting at 9:20 p.m. Michael A. Lady, Mayor ATTEST: Kelly Wetmore, Director of Administrative Services/ Deputy City Clerk MINUTES ADJOURNED MEETING OF THE CITY COUNCIL TUESDAY, APRIL 30, 2001 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Lady called the Adjourned City Council meeting to order at 7:02 p.m. 2. ROLL CALL City Council: City Staff Present: Council Members Runels, Dickens, Lubin, Mayor Pro Tem Ferrara, and Mayor Lady were present. City Manager Adams; Administrative Services Director McCants. 3. FLAG SALUTE Mayor Lady led the Flag Salute. 4. INVOCATION None. 5. SPECIAL PRESENTATIONS None. 6. AGENDA REVIEW None. City Attorney Carmel; Director of Wetmore; Community Development 6.a. Resolutions and Ordinances Read in Title Only Council Member Runels moved, Council Member Dickens seconded, and the motion passed unanimously that all resolutions and ordinances presented at the meeting shall be read in title only and all further reading be waived. 7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS Kirk Scott, Arroyo Grande resident and Vice-Chair of the Long Range Planning Committee (LRPC), spoke about the General Plan Update process in general and stated that the General Plan is supposed to be a reflection of what the people want their City to look like in the future. He stated that the LRPC relied heavily upon the results of the citizens survey that was conducted as part of the General Plan Update in order to apply the views of the citizenry to each of the areas that were considered. He stated that the LRPC recommendations were a reflection of the will of the people and encouraged the Council to continue to listen to the people in the community and not to the few of those with special interests. CITY COUNCIL MINUTES APRIL 24, 2001 PAGE 2 Larry Turner, 323 Noguera Place, spoke regarding drainage provisions of the General Plan as it relates to the Noguera Neighborhood and submitted a letter for the record requesting that no action be taken on the City's proposed plan unless it completely and finally solves the 100-year storm requirement. 8. CONSENT AGENDA None. 9. PUBLIC HEARINGS None. 10. CONTINUED BUSINESS 10.a. None. 10.b. 2001 General Plan Update and EIR Public Review Draft (continued from the April 24, 2001 regular meeting). 7. Village Mixed-Use Boundaries and Uses Consultant Strong gave an overview of each subarea within the Village and provided alternatives. Members of the public making comments were Tim Brown, 125 Allen; Ed Dorfman, 285 La Cresta; Linda Osty, 309 E. Cherry; John Hayashi, representing the Arroyo Grande Japanese Welfare Association; Earl Paulding, 232 La Cresta; Milton Hayes; Michael Thomas, 267 E. Cherry; Vern Frederick; Jan Scott, 520 Via Vaquero; Dennis Allen, 690 Heritage Lane; Kaz Ikeda, representing the Arroyo Grande Japanese Welfare Association; Cindy Fear, 317 E. Cherry; Tom Murray, rural Arroyo Grande; Susan K., 235 E. Cherry; Nick Alter, 354 Corbett Canyon Road; Chuck Fellow, Arroyo Grande resident; Kirk Scott, 520 Via Vaquero; Ella Honeycutt, 560 Oak Hill Road; Otis Page, 606 Myrtle; Jim Guthrie, 514 Starlight; and Gary Kobara, 2595 Gracia Way. The Council unanimously concurred that the 2-acre portion southeast of Traffic Way and Cherry Avenue be classified as Mixed Use (MU). There was majority consensus of the Council that the 10-acre adjoining property be retained as Agriculture; and the 5- acre hillside property would be reclassified from Agriculture to Single Family Residential, Low Density, with Conservation/Open Space combining designation. Additionally, the Council concurred that the Village Core would exclude existing Single Family Residential areas to the west, north and east, and that Traffic Way south of Poole Street would be classified Mixed Use rather than Village Core. Mayor Lady called a recess at 9:30 p.m, and reconvened the meeting at 9:40 p.m. CITY COUNCIL MINUTES APRIL 24, 2001 PAGE 3 8. Frederick's and Williams' Properties inside and southeast of City limits and SO/ Consultant Strong gave an overview of the area and provided alternatives. Members of the public making comments were Mike Frederick, President of ALC Management Corporation; Tim Brown, 125 Allen; Nick Alter, 354 Corbett Canyon Road; Alice Reinheimer, Gularte Road; Howard Mankins, 200 Hillcrest Drive; Otis Page, 606 Myrtle; and Kirk Scott, 620 Via Vaquero. Council Members unanimously agreed with the Consultant and the LRPC recommendation that the 2001 General Plan Update draft land use map propose the Frederick/ALC property be classified Specific Plan and Specific Plan Reserve without underlying land uses prescribed, and include the William's property as Specific Plan Reserve when added to the proposed Urban Reserve Line and Sphere of Influence. 9. Valley Road Agriculture Mayor Lady and Council Member Runels declared a potential conflict of interest due to ownership of property and business and stepped down from the dais. Consultant Strong gave an overview of the area and provided alternatives. Members of the public making comments were John Taylor, Valley Road; Kirk Scott, 620 Via Vaquero; Tim Brown, 125 Allen; Ella Honeycutt, 560 Oak Hill Road; Nick Alter, 354 Corbett Canyon Road; Tom Murray, rural Arroyo Grande; Jane Line, rural Arroyo Grande; and John Runels, Miller Way. There was Council consensus that the 2001 draft General Plan Update propose that this surrounded Agriculture area be shown on the Urban Land Use Map as County Agriculture but not be included within the City's Sphere of Influence and Urban Reserve Line. 10. Farroll Avenue Consultant Strong gave an overview of the area and provided alternatives. Members of the public making comments were Jim McGillis, representing the Nipomo Incorporation Committee; Kirk Scott, 620 Via Vaquero; and Charles Okui, representing the Sakamotos. There was Council consensus that the 2001 draft Generaf Plan Land Use Map propose Single Family Residential Low Medium Density Planned Development to encourage cluster residential, 2.5 du/ac. Planned Development, including possible expansion of Soto Sports Complex or public park and ponding basin potential. _____ CITY COUNCIL MINUTES APRIL 24, 2001 PAGE 4 11. East Grand Avenue Mixed Use Corridor Boundaries. Consultant Strong gave an overview of the area and provided alternatives. There were no public comments. There was Council consensus that the draft 2001 General Plan Update propose East Grand Avenue as a Mixed Use corridor without requiring Specific Plans and including institutional and residential uses as well as commercial and office uses with the Mixed Use subareas known as Gateway, Midway, and Highway. The Single Family Residentiaf developments north and south of the Mixed Use corridor would generally remain SFR-MD rather than Multiple Family or Mixed Use. 12. EI Camino Rea/. Consultant Strong gave an overview of the area and provided alternatives. Members of the public making comments included Howard Mankins, 200 Hillcrest Drive. There was Council consensus that the draft 2001 General Plan Update propose the entire EI Camino Real frontage as Mixed Use including residential, office, commercial, and industrial uses. Only the cemetary would be classified Community Facility on this Mixed Use corridor. In summary, Consultant Strong reported that in addition to the Land Use Element Map, the 2001 General Plan Update would include Circulation, Housing, Noise, Safety, Economic Development, Parks and Recreation, and Agricultural, Conservation and Open Space Element policies and proposals. He explained that most of the Elements are graphically included on the Urban Land Use Element Map; however, some changes involve other maps. He also indicated that the current Project Study Reports (PSRs) study area boundaries would be shown on the map. Consultant Strong stated that the draft documents would be ready for public review on May 15, 2001. 11. NEW BUSINESS: 11.a. San Luis Obispo County Integrated Waste Management Authority (IWMA) Memorandum of Agreement Regarding Membership on the IWMA Board. Community Development Director McCants presented the staff report. Staff recommended the Council approve and authorize the Mayor to execute the Memorandum of Agreement. Council Member Runels moved to approve and authorize the Mayor to execute the Memorandum of Agreement. Council Member Dickens seconded the motion, and on the following roll-call vote, to wit: CITY COUNCIL MINUTES APRIL 24, 2001 PAGE 5 AYES: Runels, Dickens, Lubin, Ferrara, and Mayor Lady NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 12. CITY COUNCIL REPORTS None. 13. CITY COUNCIL MEMBER ITEMS None. 14. CITY MANAGER ITEMS City Manager Adams stated the City Engineer has received Parcel Map AG 98-548, owned by Dr. Robert Anderson. The subject parcel is located on the southwest corner of Station Way and Fair Oaks Avenue between Station Way and State Highway 101. This is a split of one parcel of 90,911 square feet in size into two separate lots of 48,012 and 42,899 square feet in size. This parcel map is incorporated with the construction of finro new commercial buildings as part of the previously approved CUP 98-565. Unless appealed, the Final Map will be approved or disapproved by the City Engineer within ten days following the date of this agenda. 15. COUNCIL COMMUNICATIONS Council Member Dickens reported he had attended a workshop at the Califomia Economic Development Conference and he distributed material to the Council entitled "Creative Tourism Strategies", which specifically addresses strategies for rural communities. Council Member Runels referred to the small parcels on Myrtle Street and East Cherry Avenue and inquired why these areas were not included in the discussions regarding the General Plan Update. City Manager Adams responded that prior City Council direction was provided that those parcels remain as agriculture. 16. STAFF COMMUNICATIONS None. 17. ADJOURNMENT Mayor Lady adjourned Meeting of May 8, 2001. the meeting at 12:00 p.m. to the next Regular City Council CITY COUNCIL MINUTES APRIL 24, 2001 PAGE 6 Michael A. Lady, Mayor ATTEST: Kelly Wetmore, Director of Administrative Services/ Deputy City Clerk REGULAR MEETING OF THE CITY COUNCIL TUESDAY, APRIL 24, 2001 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Lady called the Regular City Council meeting to order at 7:00 p.m. 2. ROLL CALL City Council: Council Members Runels, Dickens, Lubin, Mayor Pro Tem Ferrara, and Mayor Lady were present. City Staff Present: City Manager Adams; City Attorney Carmel; City Clerk Davis; Director of Financial Services Snodgrass; Director of Public Works Spagnolo; Director of Parks, Recreation, and Facilities Hernandez; Community Development Director McCants; Associate Planner Heffernon, and Chief of Police TerBorch. 3. FLAG SAWTE Bill Weitkamp of the Arroyo Grande Valley Kiwanis Club led the Flag Salute. 4. INVOCATION Pastor James Wickstrom, Berean Bible Church, Arroyo Grande, delivered the I nvocation. 5. SPECIAL PRESENTATIONS 5.a. Proclamation - "Arbor Day" Dan Hernandez, Director of Parks, Recreation, and Facilities, accepted the proclamation declaring April 27, 2001 as "Arbor Day." 5.b. Proclamation -"National Small Business Week" John Riedel, on behalf of the Central Cost Development Association, accepted the proclamation declaring May 6-12, 2001 as "National Small Business Week." 6. AGENDA REVIEW None. 6.a. Resolutions and Ordinances Read in Title Only Council Member Dickens moved, Council Member Runels seconded, and the motion passed unanimously that all resolutions and ordinances presented at the meeting shall be read in title only and all further reading be waived. CITY COUNCIL MINUTES APRIL 24, 2001 PAGE 2 7. CITIZENS' INPUT, COMMENTS. AND SUGGESTIONS Wayne Frisby, 291 Canyon Way, asked if the Council knew if PG&E would continue routine tree maintenance and if not, did the City plan to take over routine tree maintenance. Mayor Lady directed staff to look into the matter and respond to Mr. Frisby. Richard Venable, 849 Mesa Drive, spoke about AB35 relating to firearm licensing and stated he hoped the City Council and police Chief would oppose the bill. Don Ritter, representing Castlerock Development, spoke about the grading operations occurring at the Highlands project off of James Way. He assured the Council that efforts were being made to move the dirt and clean the site. He addressed the slope areas that would be required to be landscaped by the private property owner within six months. Council Member Lubin urged Mr. Ritter to work with the Homeowners Association to complete landscaping of the homes in an expedient manner. 8. CONSENT AGENDA Council Member Lubin moved and Council Member Runels seconded the motion to approve Consent Agenda Items 8.a. through 8.d., with the recommended courses of action: 8.a. Cash Disbursement Ratification. � Action: Approved the listing of cash disbursements for the period April 1, 2001 through April 15, 2001. 8.b. Cash Flow Analysis/Approval of InterFund Advance from the Water Facility Fund. Action: Received and filed March 2001 Cash Report and approve the interfund advance from the Water Facility Fund to cover cash deficits in other funds as of March 31, 2001. 8.c. Minutes of City Council Meeting of April 10, 2001. Action: Approved minutes as submitted. 8.d. Participation in the California Law Enforcement Equipment Purchase (CLEEP) Program. Action: Approved expenditure of $113,000 as authorized by the State for acquisition of enhanced technology and other equipment under the FY 2000-01 CLEEP Program. AYES: Lubin, Runels, Dickens, Ferrara, Lady NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. CITY COUNCIL MINUTES APRIL 24, 2001 PAGE 3 9. PUBLIC HEARING 9.a. Planned Sign Program 01-001; Applicant - Ray Bunnell, Casa Grande Inn; Location - 850 Oak Park Blvd. Associate Planner Heffernon presented the staff report. She explained that in 1998, the City Council approved a Planned Sign Program for the Inn; however, due to various circumstances, a building permit was never issued and the Planned Sign Program expired. She stated the proposed signage was identical to what was previously approved except for the pole sign, which is 1 foot taller and 13 square feet larger. She further explained that the existing signs are considered legal non-conforming as they were approved prior to the most recent revisions to the Sign Ordinance. Since the applicant was not proposing any additional signs, the nonconforming signs are allowed to remain nonconforming and the pole sign could be increased in size without a variance. The Planning Commission reviewed the application on April 17 and recommended the City Gouncil approve the Planned Sign Program as submitted. Mayor Lady opened the public hearing, and upon hearing no comments closed the public hearing. Following Council comments in support of the Planned Sign Program, Mayor Pro Tem Ferrara moved to adopt a Resolution approving Planned Sign Program Case No. 01- 001 for the Best Western Casa Grande Inn, applied for by Ray Bunnell, located at 850 Oak Park Blvd. Council Member Lubin seconded the motion, and on the following roll call vote, to wit: AYES: Ferrara, Lubin, Runels, Dickens, Lady NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 9.b. Operating Fee Update. Financial Services Director Snodgrass presented the staff report and said most City costs have increased in the year since the Council set operating fees, where appropriate, at 100 percent of , cost. She recommended using the Consumer Price Index percentage of 3.8 percent for increasing City fees, rather than doing another operating fee study. She also discussed three Fire fees that are currently not being charged because of lack of sufficient staff and specified recreation fees for non-residents. Mayor Lady opened the public hearing. CITY COUNCIL MINUTES APRIL 24, 2001 PAGE 4 Howard Mankins, 200 Hillcrest Drive, noticed on the Agenda that funds were borrowed from the water fund to cover cash deficits in other funds. Director Snodgrass explained that interfund borrowing is necessary because of the timing of certain funds. Upon hearing no further public comments, Mayor Lady closed the public hearing. Following Council comments in support of updating the operating fees, Council Member Dickens moved to adopt a Resolution revising operating fees in the Fire, Building, Community Development, Engineering, and Recreation Departments by the January CPI of 3.8%. Mayor Pro Tem Ferrara seconded the motion, and on the following roll- call vote, to wit: AYES: Dickens, Ferrara, Runels, Lubin, and Lady NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 9.c. Establishment of Non-Resident Fees for Parks and Recreation Programs and Services. Director of Parks, Recreation, and Facilities Hernandez presented the staff report. The Parks and Recreation Commission recommended the creation of non-resident fees associated with use of the Soto Sports Complex, Pre-School Programs, and Contract Classes and adopt a Resolution establishing such non-resident fees. Mayor Lady opened the public hearing.. The following members of the public spoke in opposition to the establishment and charging of non-resident fees: Rich Neufeld, 932 Charles, Grover Beach Randall Cooper, Pismo Beach, representing the Babe Ruth Baseball League Ella Honeycutt, 560 Oak Hill Road. Arroyo Grande Kathy Bucknum, 526 Leanna Drive, Arroyo Grande Joe Steed, 641 S. Elm Street, Arroyo Grande, representing AYSO Mike Cleary, 2445 Mustang Drive, Arroyo Grande Gee Gee Soto, Arroyo Grande Karen Jones, 1663 Ramona Avenue, Grover Beach Kaz Ikeda, 2290 Branch Mill Road, Arroyo Grande Glen Martin, Arroyo Grande, representing Five Cities Softball Jim McGillis, Arroyo Grande Dee Santos, 850 Atlantic City Avenue, Grover Beach CITY COUNCIL MINUTES APRIL 24, 2001 PAGE 5 Mike Titus, 404 Lierly, Arroyo Grande, supported the Council's efforts to reduce the subsidies to non-resident users. He also suggested the possibility of creating an Assessment District to raise funds for parks and recreation. Hearing no further public comments, Mayor Lady closed the public hearing. Council Members discussed the creation of non-resident fees associated with the use of Soto Sports Complex, Pre-School Programs, and Contract Classes. They agreed that although there is a need for financial help in maintaining the parks and programs, they would continue the portion of this agenda item related to establishing non-resident fees for various youth organizations. Council suggestions for increasing non-residential financial assistance included: 1) Seeking regional help through cooperative agreements from other cities, service districts, etc.; 2) Contacting the Third and Fourth Supervisorial District Offices for assistance; 3) Establishing non-resident fees for adult sports and non-sport programs; 4) Setting up a program whereby participants could work "Service Hours" on maintenance; and 5) Holding discussions throughout the South County on the matter. After further discussion, Council Members decided to implement a non-resident fee of 20 percent over current fees related to Play and Learn and Kindergarten in Training Programs, and implement a non-resident fee of $5.00 per registered class for youth classes offered by the City. It was moved by Council Member Dickens and seconded by Council Member Lubin to adopt a Resolution as amended establishing non-resident fees for pre-school and contract classes, and on the following roll call vote, to wit: AYES: Dickens, Lubin, Runels, NOES: None ABSENT: None Ferrara, and Lady There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. Mayor Lady called a 10-minute recess at 9:20 p.m. and reconvened the meeting at 9:30 p.m. 10. CONTINUED BUSINESS 10.a. Screening of the Bale and Pallet Storage Area at Trader Joe's. Associate Planner Kelly Heffernon stated Council had previously directed staff to contact Trader Joe's in the Five Cities Center about installing screening of the bale and pallet storage area. She said Trader Joe's is agreeable to installing the screening material but would like the City to specify the preferred material. She gave examples of materials that could be used for the screening. CITY COUNCIL MINUTES APRIL 24, 2001 PAGE 6 Council Members discussed the matter and it was moved by Council Member Runels, and seconded by Council Member Lubin to have staff propose the Council's position to use DECORA Pattern with Sandstone Frame glass blocks to enclose the arch, and on the following roll call vote, to wit: AYES: Runels, Lubin, Dickens, Ferrara, and Lady NOES: None ABSENT: None There being 5 AYES AND 0 NOES, the motion is hereby declared to be passed. 10.b. 2001 General Plan Update and EIR Public Review Draft. Community Development Director Kerry McCants stated staff was requesting the Council authorize the distribution of the public review draft of the 2001 General Plan Update, EIR, and Land Use Map. He said the focus of tonight's discussion would be the draft Land Use Map and some areas of potential controversy on which staff wanted to validate the direction of the Council before distribution of the draft documents to the public. He said this was a very preliminary stage in the process; there would be a 45- day period of review required by the California Environmental Quality Act; there would be subsequent Planning Commission hearings, and then there would be City Council action. Rob Strong, General Plan Update and EIR Consultant, said the Long Range Planning Committee met four times to discuss the General Plan Update and Draft Environmental Impact Report. He said the Committee focused on 12 Land Use Study Areas, which would be clarified or classified differently than shown on the 1990 adopted General Plan or the Envicom Corporation Draft Land Use Policy Map dated March 20, 2000. He said staff would present four-color maps graphically showing: 1. The adopted 1990 General Plan Land Use Map; 2. The 2000 Draft Land Use Policy Map proposed by Envicom; 3. The 2001 Draft Urban Land Use Element Map recommendations of Strong Planning Services presented to the LRPC, and 4. The 2001 Distribution Draft recommendations of the LRPC, for public review and comment. 1. Oak Park Acres at James Way Consultant Strong gave an overview of the area and provided alternatives. There was no public comment. CITY COUNCIL MINUTES APRIL 24, 2001 PAGE 7 Council Members agreed with the Consultant and the LRPC recommendation for alternative "c."- Utilize the Community Facility classification reflecting existing institutional uses. 2. Rancho Grande — Noyes Road Consultant Strong gave an overview of the area and provided alternatives. Members of the public making comments were Otis Page, 606 Myrtle Street; Ella Honeycutt, 560 Oak Hill Road; Dave Coker, representing Castlerock Development, and Howard Mankins, 200 Hillcrest Drive. Council Member Dickens and Mayor Pro Tem Ferrara chose alternative "b."- Classify as Conservation/Open Space and enable one house on each existing parcel or allow consideration of 1 du/5 ac. or 10 ac., implying 5 to 10 houses with PD approval. On a majority consensus, Council Members Lubin and Runels and Mayor Lady agreed to an amended alternative "d."- Classify as SFR-LD-PD to enable consideration of a low-density single-family residential planned development not to exceed 1 du/1.5 acres enabling up to 35 units. 3. Rancho Grande — La Canada Consultant Strong gave an overview of the area and provided alternatives. Members of the public making comments were Ella Honeycutt, 560 Oak Hill Road, and Don Ritter of Castlerock Development. Council Members Runels and Lubin preferred an amended "d."- Classify as SFR-LD-PD at 1 du/1.5 ac. or 1 du/ac. enabling consideration of a planned development of 17 units, depending on PD and subdivision approval. On a majority consensus, Council Member Dickens, Mayor Pro Tem Ferrara and Mayor Lady agreed with alternative "b."- Classify as Conservation/Open Space-PD and allow 1 du/5 ac. enabling 1 to 5 units subject to planned development approval. 4. Royal Oaks Estates Consultant Strong gave an overview of the area and provided alternatives. Members of the public making comments were Don McHaney, one of the owners of the Royal Oaks Subdivision; Carl Alfano, property owner; Richard DeBlauw, 744 Alta Vista Lane; Stephanie Painter, 541 Mesa View Drive, and Tim Brown, 125 Allen. CITY COUNCIL MINUTES APRIL 24, 2001 PAGE 8 Council Member Dickens and Mayor Pro Tem Ferrara preferred "b."-Classify as C/OS- PD and allow 1 house per parcel or 1 du/5 ac. enabling 3 or more units depending on whether the tree preservation agreement area is included in the PD. On a majority consensus, Council Members Runels and Lubin and Mayor Lady agreed with an amended alternative "d."- Classify as SFR-LD-PD and C/OS at 1 du/1.5 ac. and limited to a maximum of 20 dwellings. The vegetated hillside and creek area would be subject to a tree preservation easement agreement. 5. Printr, Noyes and Oak Park Road Northern Sphere of Influence Consultant Strong gave an overview of the area and provided alternatives. There was no public comment. Council Members unanimously concurred with the Consultant and the LRPC recommendation that the 2001 General Plan Update exclude this area except the small 60-acre portion fronting on Highway 227 which would remain within the URL & SOI to enable possible annexation, subject to Single-Family Residential, Low Density, Planned Development. 6. Camino Mercado Consultant Strong gave an overview of the area and provided alternatives. There was no public comment. Council Members unanir�ously concurred with the Consultant and the LRPC recommendation that the 2001 General Plan Update propose Mixed-Use/Planned Development as a more appropriate designation enabling residential, office and/or commercial or other MU-PD proposals. The cemetery would be classified as Community Facility. AT THE HOUR_OF 12:00 A.M., IT WAS MOVED BY COUNCIL MEMBER RUNELS AND SECONDED BY COUNCIL MEMBER LUBIN TO CONTINUE THIS MEETING TO AN ADJOURNED REGULAR MEETING ON MONDAY. APRIL 30. 2001, 7:00 P M TO CONTINUE WITH THE REMAINING ITEMS OF BUSINESS. 17. ADJOURNMENT Mayor Lady adjourned the meeting at 12:00 a.m. to an Adjourned Regular Meeting on Monday, April 30, 2001, 7:00 p.m. CITY COUNCIL MINUTES APRIL 24, 2001 PAGE 9 Michael A. Lady, Mayor ATTEST: Nancy Davis, City Clerk � pRROy� �.f■ ° �� � INCORPOFATED 9 � v m � �Y 10,191 � MEMORANDUM c � 9 ��FORN� P TO: CITY COUNCIL FROM: KERRY McCANTS, COMMUNITY DEVELOPMENT DIRECTOR BY: TERESA MCCLISH, ASSOCIATE PLANNER '�'�'� SUBJECT: TEMPORARY USE PERMIT NO. 01-010; AUTHORIZATION TO CLOSE CITY STREETS, USE CITY PROPERTY, AND WAIVE FEES FOR THE "ARROYO VALLEY CAR SHO" ON SATURDAY, JULY 28, 2001 DATE: MAY 22, 2001 RECOMMENDATION: It is recommended the City Council consider the request from the Arroyo Valley Car Club and adopt the attached Resolution authorizing the closure of City streets and the use of City property; and if the Council so chooses, authorize the waiver of permit and police services fees. FUNDING: Loss of reimbursement for Auxiliary Police Services (approximately 5985) and Temporary Permit Fee ($101). DISCUSSION: On April 16, 2001 the Arroyo Valley Car Club submitted letters and an application for a temporary use permit for the annual "Arroyo Valley Car Sho" scheduled for Saturday July 28, 2001 (Attachment 1). The City has approved temporary use permits for the Arroyo Valley Car Sho in previous years. The descriptions of the areas to be used are as follows: 1. Closure of Olohan Alley; Bridge Street; Nelson Street between Bridge and Mason Streets; Short Street between Branch Street and Olohan Alley; City Hall parking lot; and, the lawns on Nelson Street between Short and Mason Streets from 6:30 A.M. to 4:30 P.M. on Saturday July 28, 2001 for the purpose of holding the car show. 2. Closure of Mason Street between East Branch to Nelson Streets from 6:30 A.M. to 10:30 A.M. on Saturday, July 28, 2001 for the purpose of holding the car show registration. On April 24, 2001, Mr. Derrill Pilkin.gton, representing the Arroyo Valley Car Club, met with the Staff Advisory Committee (SAC1 to discuss the requirements for the Arroyo Valley Car Club May 22, 2001 Page 2 of 2 event (Attachment 2). The SAC discussed issues related to coordinating Police and Fire support, restrooms and the special event banner. These items are addressed in the conditions of approval for the temporary use permit (reference Exhibit "A" of the attached Resolution). Temporary use permits authorizing street closures will only be issued upon the approval of the City Council. In addition to the request to close City streets and use City property, the applicant has submitted a letter requesting the City waive fees for police services (Attachment 3). Due to the size and location of the event, the Police Department traditionally utilizes a foot-beat team composed of two (2) police officers for security purposes. Since East Branch Street is not blocked off, police officers for intersection control are not necessary. While the event does not usually produce a large number of incidents, the police units are beneficial in handling potentially unruly situations and in keeping illegal alcohol consumption to a minimum. The City displays the DARE unit and other emergency vehicles during the event. Since 1991, (except for 1997 when there was no car show) the City Council has waived the Auxiliary Police Services fees for the event. This has been done on the basis that the Arroyo Valley Car Club is a community based non-profit organization which places the majority of the funds it raises through the car show back into the community through donations to other non-profit organizations. Many of these donations go to youth oriented groups. The potential loss of offsetting revenue is approximately 5985. However, the event is budgeted in the Police Department's Overtime Budget. Additionally, since the City Council has waived this fee in the past, the Auxiliary Police Services costs for the event have not been included in the Police Department's Cost Recovery revenue estimates. Therefore, should the City Council continue the practice of waiving the fee, there will be no negative impact to estimated cost recovery revenues. Lastly, the applicant has requested a refund of the Temporary Use Permit Fee of 5101 for the event (Attachment 4). As stated above, more money can be donated to local charities if this fee can be waived. Attachments: 1) Letter requesting street closure, Arroyo Valley Car Club 2) SAC meeting minutes 4/24/01 3) Letter requesting fee waiver for police protection, Arroyo Valley Car Club 4) Letter requesting refund of the Temporary Use Permit fee RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT NO. 01-010; AUTHORIZING THE CLOSURE OF CITY STREETS, USE OF CITY PROPERTY AND WAIVER OF FEES FOR THE ARROYO VALLEY CAR SHO TO BE HELD SATURDAY JULY 28, 2001 WHEREAS, organizers of the Arroyo Valley Car Sho have requested ciosure of certain City streets and the use of City property as outlined below, for its annual car show to be held on July 28, 2001; and WHEREAS, organizers of the Arroyo Valley Car Sho have requested that the City waive the fees for auxiliary police services and the Temporary Use Permit; and WHEREAS, members of the Arroyo Valley Car Club will be responsible for traffic control and cleanup. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby resolve as follows: 1. That Olohan Alley; Bridge Street; Nelson Street between Bridge and Mason Streets; Short Street between Branch Street and Olohan Alley; City Hall parking lot; and, the lawns on Nelson Street between Short and Mason Streets shall be closed from 6:30 A.M. to 4:30 P.M. on Saturday July 28, 2001 for the purpose of holding the "Arroyo Valley Car Sho" ("Car Sho"); and 2. That Mason Street, between East Branch to Nelson Streets, shall be closed from 6:30 A.M. to 10:30 A.M. on Saturday, July 28, 2001 for the purpose of holding the Car Show registration; and 3. That the Arroyo Valley Car Club will adhere to certain requirements and conditions set forth by the Public Works, Police, and Building and Fire Departments regarding security and traffic control and all other applicable conditions of a Temporary Use Permit to be issued by the City as set forth in Exhibit "A"; and 4. That fees for auxiliary police services for the Arroyo Valley Car Sho to be held on Saturday July 28, 2001 are waived. 5. The fee for the Temporary Use Permit for the Arroyo Valley Car Sho to be held on Saturday July 28, 2001 is waived. RESOLUTION NO. PAGE 2 On motion of Council Member , seconded by Council Member and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this 22" day of May, 2001. RESOLUTION NO. PAGE 3 MICHAEL A. LADY, MAYOR ��i��'��1 KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY ATTACHMENT I ARROYO VALLEY CAR CLUB P.O. Box 1037 Arroyo Grande, CA 93421 Mr. Kerry McCants Community Development Director City of Arroyo Grande 214 East Branch Street Arroyo Grande, CA 93420 Dear Mr. McCants, April 16, 2001 The Arroyo Valley Car Club has presented a Peoples Choice Car Show in the Village of Arroyo Grande every year except 1997, since 1989. This event has been very popular with both car enthusiasts and the local merchants. We have tried to keep it low key and no-commercial and have imposed a limit of 300 entries to assure that it would stay that way. The participants have come from all over California and a few from other states. They tell us that they enjoy the show and their visits to Arroyo Grande. They are especially generous in their praise for the beautiful and friendly atmosphere. In past years we have awarded approximately 150 trophies, many of which were donated by our local merchants. The continuing success of the show and the dedication and hard work of our members have allowed us to donate more than $30,000 to local youth and senior citizen activities since 1989. We incorporated as a non-profit organization so that we could continue this worthy endeavor. It is our desire to continue this annual event this summer. Therefore, we request your approval for the Eleventh Annual Arroyo Grande Car Sho to be held the weekend of July 28�'. We also request permission to close Olohan Alley, Bridge Street from Branch Street to Traffic Way, Nelson Street from Bridge Street to Mason Street, Short Street from Grand to Nelson Street, the City Hall parking lot and the park at the corner of Nelson and Mason Streets. We also request permission to close Mason Street between Branch Street and Nelson Street from 6:30 AM to 10:30 AM for the purpose of registration of entrants. We will place a notice in the local newspaper-advising residents of the street closures. Barricades wi11 also be posted with ctosure dates and times. We will provide the necessary portable toilet facilities and trash receptacles as well as clean up during and after the show. The club canies a $1,000,000 insurance policy for this event. Thank you for your prompt attention to this matter. I look forward to hearing from you in the near firture. Sincerely, �t/ lE� Warren J k Presiden Arroyo Valley Car Club 805 474-9816 �G���VE� �1�K 3 A ��o� C �?.�f, � Jj_ �- J f l.= ��.�.�'!i'tr�vE a CQ;��'::F;': C=='v =:.��t� DEPT. SAC Meeting Notes April 24, 2001 Page 5 G. 1. Applicant: 2. Representative: 3. Case Number: 4. Proposal: 5: Location: 6. Staff Contact: ATTACHMENT 2 Arroyo Grande Car Club Warren Jacks/Darrell Pilkington Temporary Use Permit Case No. 01-010 The applicant is requesting a Temporary Use Permit for the 11 ` Annual Arroyo Grande Car Club show to be held the weekend of July 28, 2001. Olohan Alley, Bridge Street from Branch to Traffic Way, Nelson Street from Bridge to Mason Street, Short Street from Grand to Nelson Street, the City Hall parking lot and the park at the corner of Nelson and Mason Streets. The applicant is also requesting permission to close Mason Street between Branch Street and Nelson Street. Teresa McClish Teresa McClish, Associate Planner, asked the SAC if there were any changes they wanted to make to the previous year's Temporary Use Permit Conditions of Approval. The SAC discussed the permit and did not make any changes. , Mr. Olds and Mr. Pilkington discussed the installation of the banner cables and the hanging of the banner. Mr. Olds stated that the City was waiting for the encroachment permit from Cal Trans and an additional Cal Trans permit is required for the Car Show banner. H. 1. Applicant: 2. Representative: 3. Case Number: 4. Proposal: City of Arroyo Teresa McClisl �ode Amendment Case No. 01-001 Code Amendment to require setbacks from all City eeks. 5. Location: C' wide 6. Staff Contact: eresa McClish Teresa McClish, Associate anner, explained that this was a proposed Development Code amendment to change S ction 9-14.060 "Creek Dedications". Ms. McClish stated that currently the language i luded Arroyo Grande Creek and its tributaries, and the proposal is to include all creeks in Ar oyo Grande, including tributaries to Meadow Creek. Ms. McClish goes through setback shou purposes of Also, staff v determina 'on Ms. �tate that the two issues were to name Meadow Creek and its tributaries, which Tr ct 1998, and through the PD 1.1 next to the Sheppel project, whether the e 25 feet, and whether the purpose of the setback, which is currently for the ood control, open space, or riparian habitat protection should be more specific. �anted to discuss if the language requiring a certified biologist to make the of riparian habitat protection should be left in place. �lish stated that she was in contact with the water board for setbacks specific to corridor protection and with Rob Strong, the General Plan consultant, so that any made will be consistent with the new General Plan. Th SAC discussed the different aspects of this issue and how best to establish what the s backs should be. Ms. McClish stated that possibly the best way to decide would be to have s aff decide on the distance of the setbacks depending on the purpose of the setback. was discussed that when projects come before the SAC, Public Works would look at the ATTACHMENT 3 ARROYO VALLEY CAR CLUB ,� ; „ �, _r`�r �; �; _,.1 � , , . , � - P.O. Box 1037 _ �T : �: r;;,� ('� �_ ., ,,... _ Arroyo Grande, CA 93421 Q� (� �;� ��: t� � Mr. Steve Adams City Manager City of Arroyo Grande 214 East Branch Street Arroyo Grande, CA 93420 April 16, 2001 Dear Mr. Adams, This letter is to ask the city of Arroyo Grande to please consider dropping the charges for police protection at the AVCC Car Show on July 28, 2001. AVCC is a non profit organization, and the money we collect from this show goes back to local area charities. Some of these charities include Meals on Wheels, Boy Scouts, D.A.R.E., South County Senior Center, Boys and Girls Club, Arroyo Grande High School, and many, many more. If we have to pay this fee for police protection, there will be less to give back to our community. In the past this fee has been suspended. We hope the city will allow the AVCC Car Show to go on without having this extra expense. This would allow those less fortunate in our city to benefit from the proceeds of the car show and not just those who participate. Thank you very much for your help in this matter. If you have any questions, please do not hesitate to call me. r Sincerely, Warre� President Arroyo Valley Car Club 805 474-9816 � � C : �o r►�.rv•- �tl, rec; 4�aa�at ATTACHMENT 4 ;�i�''�' ��' A�ROY� C�,,..���;�:.: Arro o Valle Car Club � fi��� y y OI �1AY t 8 �� 8 ,� P.O. Box 1037 Arroyo Grande, Ca. 93421 City of Arroyo Grande To whom it may concern, This letter is to ask if the city please consider dropping the charges of $101.00 for fees to the Arroyo Valley Car Club to hold it's annual car show on July 28 2001. AVCC is a non profit organization, and the money we collect from the car show goes back to local area charities. We hope that the city would allow the AVCC Car Show to go on without having this extra expense. Thank you very much for your help in this matter. If you have any questions, please don't hesita.te to cali at any time. Sincerely, Warren Jacks, Pres AVCC Hm# 489-9816 __ ____ o � pRRo►►�c s.g. � INCONPOAATED Z V � T � .�. ,o, ,e,� ,� MEMORANDUM c � t �FOR�� P TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGERC%"�° SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH KERRY MCCANTS FOR INTERIM COMMUNITY DEVELOPMENT DIRECTOR SERVICES DATE: MAY 22, 2001 RECOMMENDATION: Approve agreement with Kerry McCants to provide professional services as Interim Community Development Director through October 5, 2001. FUNDING: The proposed agreement is at a rate of $52.53 per hour. This rate was determined based upon the existing overall cost of salary and benefits for this position. Therefore, there will be no budget impact from the agreement. DISCUSSION: The retirement of Kerry McCants, the Community Development Director, will be effective May 25, 2001. The recruitment process is under way, but the position is not projected to be filled until October 2001. Given the importance of this position, the vacancy could have a significant impact on the operations of the organization. The resignation of the Department's Administrative Secretary and upcoming maternity leave of an Associate Planner may further impact the Department's ability to maintain ongoing work tasks and assignments. In addition, there are a number of high priority projects under way that would be disrupted with a change in personnel at this time. As a result, Mr. McCants has agreed to continue serving as the Community Development Director on a temporary contract basis until a replacement has been hired. The Agreement is proposed to be effective until October 5, 2001, which, hopefully, will enable an overlap of one week with the new director for an orientation period. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Approve agreement; - Amend and approve agreement; CITY COUNCIL INTERIM COMMUNITY DEVELOPMENT DIRECTOR AGREEMENT MAY 22, 2001 PAG E 2 Deny agreement; Provide staff direction. Attachments: Agreement paRO � cf � � �"' o,t91 * EMPLOYMENT AGREEMENT c4 ��FORN� P This Employment Agreement is entered into this 29 day of May, 2001 befinreen the CITY OF ARROYO GRANDE, State of California (hereinafter referred to as "CITY"), and KERRY MCCANTS, a temporary employee (hereinafter referred to as "EMPLOYEE") WITNESSETH: WHEREAS, CITY has need for a Community Development Director; and WHEREAS, EMPLOYEE represents that he is qualified to perform the services required by this Employment Agreement; and WHEREAS, EMPLOYEE desires to accept temporary employment as an Interim Community Development Director, pursuant to the terms and conditions herein set forth. NOW, THEREFORE, the parties do mutually agree as follows: 1. SCOPE OF SERVICES. EMPLOYEE shall be employed by CITY as an Interim Community Development Director (temporary position). EMPLOYEE agrees to devote as much time as is reasonably necessary to effectively perform the services required pursuant to Exhibit A, attached hereto and incorporated herein. 2. COMPENSATION. EMPLOYEE shall be compensated as follows: a. EMPLOYEE shall be paid at the base rate of $52.53 per hour for all hours worked within the term of the Agreement. Any hours worked over forty (40) hours per week shall be compensated at the rate of one and one-half (11/2) times the regular hourly rate of pay. b. EMPLOYEE shall be entitled to no other compensation or benefits. 3. TERM OF EMPLOYMENT. Employment shall commence on May 29, 2001, 1 and shall terminate on October 5, 2001, unless terminated earlier as provided herein. Termination of the Agreement may be effectuated by the City Manager or his designee without the need for action, approval or ratification by the City Council. Employment may be extended by mutual agreement of the parties. 4. TERMINATION OF EMPLOYMENT FOR CONVENIENCE. Either party has an absolute right to terminate this employment at any time by giving to the other party fifteen (15) days written notice of such termination, specifying the effective date of such termination. Termination shall have no effect upon the rights and obligations of the parties arising out of any transaction occurring prior to the effective date of such termination. EMPLOYEE shall be paid for all work satisfactorily completed prior to the effective date of such termination. EMPLOYEE agrees that the notice provisions of this paragraph shall limit the liability of CITY in the event that a termination action taken by CITY pursuant to Paragraph 5 is subsequently found to be improper. 5. TERMINATION OF EMPLOYMENT FOR CAUSE. If EMPLOYEE fails to perform his duties to the satisfaction of CITY, or if EMPLOYEE fails to fulfill in a timely and professional manner his obligations or if EMPLOYEE shall violate any of the terms or provisions of this Agreement, or EMPLOYEE has a physical or mental incapacity that precludes EMPLOYEE from performing the duties, or if EMPLOYEE fails to exercise good behavior either during or outside of working hours which is of such a nature that it causes discredit to CITY, or impairs his ability to perform these duties, the CITY shall have the right to terminate employment effective immediately upon CITY's giving written notice thereof to EMPLOYEE. Termination shall have no effect upon the rights and obligations of the parties arising out of any transaction occurring prior to the effective date of such termination. EMPLOYEE shall be paid for all work satisfactorily completed prior to the effective date of such termination. 6. NON-ASSIGNMENT OF WORK. This Agreement is intended to secure the individual services of EMPLOYEE and thus EMPLOYEE shall not assign, transfer, delegate, or sublet this work, or any interest herein, without the prior written consent of � CITY, and any such assignment, transfer, delegation or sublet without CITY's prior written consent shall be considered null and void. 7. COVENANT. This Employment Agreement has been executed and delivered in the State of California, and the validity, enforceability and interpretation of any clauses of this offer shall be determined and governed by the laws of the State of California. All duties and obligations of the parties created hereunder are performable in the City of Arroyo Grande and the County of San Luis Obispo shall be that venue for any action, or proceeding that may be brought or arise out of connection with or by reason of this offer. 8. ENFORCEABILITY. If any term, covenant, condition or provision of this offer is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 9. NONDISCRIMINATION. There shall be no discrimination against any person employed pursuant to this Agreement in any manner forbidden by law. 10. CONFLICTS OF INTEREST. EMPLOYEE agrees that, during the term of this Agreement, he will not maintain any financial interest or engage in any other employment, occupation, work, endeavor, or association, whether compensated for or not, that would in any way conflict with, or impair EMPLOYEE's ability to perform, the duties described in this offer. 11. ENTIRE AGREEMENT AND MODIFICATION. This Employment Agreement constitutes the entire understanding of the parties hereto. This Employment Agreement supersedes all previous offers, agreements, negotiations, or understandings, whether written or oral, befinreen the parties. EMPLOYEE shall be entitled to no other benefits than those specified herein, and EMPLOYEE acknowledges that no representation, inducements of promises not contained in this Agreement have been made to EMPLOYEE to induce EMPLOYEE to enter into this Agreement. No 3 changes, amendments, or alteration hereto shall be effective unless in writing and signed by both parties. EMPLOYEE specifically acknowledges that in entering into and executing this Agreement, EMPLOYEE relies solely upon the provisions contained in this Agreement and no others. IN WITNESS WHEREOF, CITY and EMPLOYEE have executed this Employment Agreement on the day and year first set forth above. EMPLOYEE: Kerry McCants CITY OF ARROYO GRANDE: : 4 Steven Adams City Manager SCOPE OF SERVICES EXHIBIT A Staff Hours: Average 40 hours per week Office Coverage: Minimum Monday through Friday Board/Commission/Council Meetings: Attend as required 5 __ __ _ _. �pRRO y�\ ° �� � INCORPORATED � V O m * JUIY 10, 1911 * c4 ��FORN� P TO: FROM: CITY COUNCIL MEMORANDUM 8.h. DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER� SUBJECT: ACCEPTANCE OF IMPROVEMENTS FOR PARCEL MAP 99-0246, 1047 MAPLE STREET DATE: MAY 22, 2001 RECOMMENDATION: It is recommended the Council adopt a Resolution accepting improvements, offers of dedication, and easements within Parcel Map 99-0246, DeBlauw Builders development at 1047 Maple Street. FUNDING: There is no immediate fiscal impact. Maintenance of these facilities will be funded from Public Works maintenance funds in future years. DISCUSSION: Parcel Map 99-0246 is located on the south side of Maple Street near Walnut Street, as shown on the attached Location Map. Final Parcel Map AG 99-0246 was approved on August 25, 2000, and was subsequently recorded on September 8, 2000. An offer to dedicate street right of way for a portion of Maple Street, an easement for street trees, and easements for Public Utilities were provided for on the recorded map. The required improvements have been constructed and the developer is required to warranty the improvements for a period of one year following acceptance of the improvements. Staff has inspected the improvements and recommends that the Council accept the offers of dedication, and the improvements. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Approve staff's recommendation; - Do not approve staff's recommendation; - Modify as appropriate and approve staff's recommendation; or - Provide direction to staff. Attachment: Location Map of Parcel 99-0246 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING OFFERS OF DEDICATION, OFFERS OF EASEMENTS, AND IMPROVEMENTS WITHIN PARCEL AG 99-0246 WHEREAS, Parcel Map AG 99-0246 was approved on August 25, 2000, and was subsequently recorded on September 8, 2000; and, WHEREAS, offers to dedicate right of way and easements to the public were provided on Final Parcel Map AG 99-0246; and, WHEREAS, the developer, DeBlauw Builders, has constructed the improvements required by the conditions of approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby accept the public improvements constructed for Parcel Map 99-0246, and accepts the following offers of dedication and public easements, as shown on Final Parcel Map AG 99-0246, recorded September 8, 2000 in book 55 of maps, at page 12 in the office of the Recorder of the County of San Luis Obispo, State of California: 1. Street Right of Way for Maple Street; 2. Street Tree Easements; 3. Public Utility Easements. On motion of Council Member , seconded by Council Member , and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of 2001. RESOLUTION NO. PAGE 2 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY � ��, :<< �� W � U , � O F- F- O Z � � � � O � � V 0 � • � � � � � � � . . . o � p�ROyoc 8■1■ � � INCORVOAA7ED 9 Z c� T MEMORANDUM � .x,�Y ,o. ,.,, * c4 ��FOR�� P TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER� SUBJECT: AUTHORIZATION TO SOLICIT BIDS - HUASNA ROAD PAVEMENT OVERLAY, PROJECT NO. PW-2001-3 DATE: MAY 22, 2001 RECOMMENDATION: It is recommended the City Council: A. find that the Huasna Road Pavement Overlay capitai improvement project is categorically exempt from CEQA pursuant to Section 15301(c) and direct the Administrative Services Director to file a Notice of Exemption; and, B. approve the construction plans and specifications and authorize the Department of Public Works to solicit public construction bids for the Huasna Road Pavement Overlay project. FUNDING: The City received $237,725 from the San Luis Obispo County Flood Control and Water District in lieu of paving a portion of Huasna Road within the City as mitigation for the Lopez Dam seismic retrofit project. DISCUSSION: The scope of the �Huasna Road Pavement Overlay project includes grinding the existing pavement along the curb line, applying a leveling course and a finishing course of asphalt concrete pavement, and the placement of new pavement delineation. The replacement of antiquated sewer and water services is being performed by City crews in advance of the proposed project. The contract time for this project has been estimated at 30 working days. Work is expected to begin in July 2001 and be completed by the end of August 2001 as shown in the attached project schedule. ALTERNATIVES The following alternatives are presented for the Council's consideration: � Approve staff's recommendations; • Do not approve staff's recommendations; • Modify as appropriate and approve staff s recommendations; or • Provide direction to staff. Attachments: Notice of Exemption Schedule Notice of Exemption To: � Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 0 County Clerk County of San Luis Obis�o Counri Government Center San Luis Obisao CA 93408 From: (Public Agency) _ Ciri of Anovo Grande P.O. Box 550 Anovo Grande CA 93421 Project Title: Huasna Road Qverlav Proiect , Proiect No. PW-2001-3 Project Location - Specific: _In the Ciri of Arrovo Grande alone Huasna Road from East Branch Street to East Ciri Limits Project Location - City: Arrovo Grande Project Location - County: San Luis Obisoo Description of ProjeCt: Grindine of the existine aavement installation of a asahalt concrete �avement overlav and nlacement of pavement delineation. Name of Public Agency Approving Project: Ciri of Arrovo Grande - Public Works Denartment Name of Person or Agency Carrying Project Out Project: Exempt Status: (check one) � Ministerial (Section 12080(b)(1); 15268); � Declared Emergency (Sea 21080(b)(3); 15269(a)); � Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); 0 Categorical Exemption. State type and section number: Section 15301 (c) � Statutory Exemptions. State code number: Reasons Why Project Is Exempt: Proiect consists of maintenance and renair of existine streets which does not include removal of anv scenic resource. Lead Agency Contact Person: Don SaaQnolo, Director of Public Works If filed by Applicant: 1. Attach a certified document of exemption finding. Area Code/Telephone/Extension: (805) 473-5440 2. Has a Notice of Exemption been filed by the public agency approving the project? ❑ Yes ❑ No Signature: Date: Title: � Signed by Lead Agency � Signed by Applicant � Date received for filing at OPR: _.___ ____..._ __ _ _ ____�� Revised October 1989 C.,itc� o��rroc�o �rande Tentative Project Schedule For Huasna Road Pavement Overlay (City Project No. PW-2001-3) • Authorization to Solicit Bids (at City Council meeting) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . May 22, 2001 1 S' Notice to Bidders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . May 25, 2001 2n Notice to Bidders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . June 1, 2001 Pre-Bid Conference/Job Walk (Thursday 2:00 p.m. City Council Chambers) . . . . . . . . . . . . . . . . June 14, 2001 B1d Opening (Tuesday, 2:00 p.m. City Council Chambers) . . . . . . . . . . . . . . . . . . . . . . . . . �". . . . Jutle 26, 2001 Award of Bid (at City Council meeting) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . July 10, 2001 Notice of Award . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . July 11, 2001 Notice to Proceed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . July 23, 2001 Contract Completion (30 working days) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . August 31, 2001 - _. __ _ -- ____ J o � pitRQ1►� � INCORPORATEO i V � � � ,N,�. ,o. ,s„ ,� c9 l�FORN� P TO: FROM: CITY COUNCIL MEMORANDUM 8.j. DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER� SUBJECT: DISADVANTAGED BUSINESS ENTERPRISE PROGRAM (DBE) FOR FFY 2001/02 DATE: MAY 22, 2001 RECOMMENDATION: It is recommended the City Council: A. approve the submittal of the FFY 2001/02 DBE Program with "proposed" Overall Annual DBE Goal to Caltrans by June 1, 2001; B. direct the Director of Administrative Services to publish a public notice in the local media in accordance with Section XIV. of the Program; and, C. direct staff to return to the Council with a summary of public comments and approval to submit the FFY 2001/02 DBE Program with "established" Overall Annual DBE Goal to Caltrans by September 1, 2001. FUNDING: It is anticipated that the City in FFY 2001/02: following Federal-aid highway funds will be expended for the Bridge Street Bridge Replacement (design) - Highway Bridge Replacement and Rehabilitation Program (HBRR) funds in the amount of $37,500; and, Traffic Way Bridge Barrier Rail Replacement (all phases of work) - Highway Bridge Replacement and Rehabilitation Program (HBRR) funds in the amount of $122,900; and, Rodeo Drive Sidewalk Repair (construction) - Federal Highway Administration- Emergency Relief (FHWA-ER) funds in the amount of $118,400. DISCUSSION: The DBE Program requires that the City take all necessary and reasonable steps to ensure nondiscrimination on the basis of race, color, national origin or sex in the award and performance of any Federal-Aid contract. Each year the City is required to adopt a Disadvantaged Business Enterprise (DBE) Program for projects utilizing Federal-aid highway funds. CITY COUNCIL DISADVANTAGED ENTERPRISE PROGRAM (DBE) FOR FFY 2001/02 MAY 22, 2001 PAGE TWO The regulations require each local agency to establish their own overall annual DBE goal based on a methodology with demonstrable evidence of local market conditions and designed to ultimately attain a goal that is rationally related to the relative availability of DBEs in the local agencies' market. The attached Program utilizies the "bidders list" methodology which essentially determines the number of DBEs that have bid or quoted on the City's Department of Transportation (DOT)-assisted contracts in the previous year. Based on the "bidders list" methodology outlined in Section XIV. of the Program, it was determined that the City established a 9% overall annual DBE goal for FFY 2001/02. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Approve staff's recommendations; - Do not approve staff's recommendations; - Modify as appropriate and approve staffs recommendations; - Provide direction to staff. Attachments 1. Letter to Caltrans with "proposed" Overall Annual DBE Goal 2. Disadvantaged Business Enterprise (DBE) Program for FFY 2001/02 3. Public Notice for "proposed" Overall Annual DBE Goal jep:232.0001(19)\01.02 DBE\StaffReportDBE.wpd (City of Arroyo Grande Letterhead) May 23, 2001 Mr. Jerald T. Gibbs, Local Assistance Engineer Caltrans District 5 50 Higuera Street San Luis Obispo, CA 93401 Subject: Proposed Annual Overall Disadvantaged Business Enterprise (DBE) Goal Information for FFY 2001/02 Dear Mr. Gibbs: The amount of overall goal, methodology, breakout of estimated race-neutral and race-conscious participation, and any DBE program updates are presented herein in accordance with Title 49 of the Code of Federal Regulations Part 26, and as described in the Local Assistance Procedures Manual. The City of Arroyo Grande submits our annual overall goal information (and any needed updates of our DBE program) for your review and comment. We propose an annual overall DBE goal of 9% for the Federal Fiscal Year 2001 /02, beginning on October 1, 2001 and ending on September 30, 2002. Methodoloav The "Utilizing the Bidders List" methodology was used to determine the City of Arroyo Grande's overall goal for Federal fiscal Year FY 2001/02. The City of Arroyo Grande elected to utilize the following methodology in establishing the City of Arroyo Grande's Base Figure of relative DBE availability for FFY 2001/02. For the Numerator.• DBE Firms in Citv of Arroyo Grande's Bidders List For the Denominator.� All Firms in City of Arroyo Grande's Bidders List The City of Arroyo Grande calculated its weighted Base Figure by first determining the number of ready, willing and able DBEs in its FY 2000/01 Bidders List by work category, and dividing the number of DBEs by the total number of firms in the same work category. Through this method, the City of Arroyo Grande can measure availability by the number of firms that have directly participated in, or attempted to participate in, City of Arroyo Grande's DOT-assisted contracting in FY 2000/01. Mr. Jerald T. Gibbs May 23, 2001 Page 2 Application of this formula yields the following baseline information: Number of Ready, Willing and Able DBE's = BASE FIGURE Number of All Ready, �lling and Able Firms The Base Figure resulting from this calculation was determined to be 9%. The Base Figure was not adjusted for FFY 2001/02. Breakout of Estimated Race-Neutral and Race-Conscious Participation Of the overall annual 9% goal for DBE participation, the City of Arroyo Grande projects meeting 4% of the goal utilizing race-neutral methods, including making efforts to assure that bidding and contract requirements facilitate participation by DBEs and other small businesses; unbundling large contracts to make them more accessible to small businesses; encouraging prime contractors to subcontract portions of the work that they might otherwise perform themselves; and providing technical assistance, and othersupport services to facilitate consideration of DBEs and other small businesses. The remaining 5% of the goal is anticipated to be accomplished through race-conscience measures, which includes establishing contract specific goals on contracts with contracting possibilities, when needed, to meet the City's overall annual DBE goal. DBE Proaram Updates N/A. Public Participation Process The City of Arroyo Grande is entering into the public participation process. Proof of publication along with a summary of public comments received will be forwarded to your office no later than September 1, 2001. Please contact me at (805) 473-5440 orJill Peterson, Consultant Senior Engineer, at (805) 544-4011 if you have any questions regarding this information. Sincerely, Don Spagnolo, P.E. Director of Public Works/City Engineer c: Jill Peterson, JLWA - Draft - City of Arroyo Grande Disadvantaged Business Enterprise (DBE) Program for FFY 2001/02 City of Arroyo Grande Public Works Department P.O. Box 550 Arroyo Grande, CA 93421 (805) 473-5440 May 2001 " This Program is in accordance with Title 49 of the Code of Federal Regulations Part 26 CITY OF ARROYO GRANDE DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM I. Definitions of Terms The terms used in this program have the meanings defined in 49 CFR §26.5. II. Objectives/Policy Statement (§§26.1, 26.23) The City of Arroyo Grande has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. The City of Arroyo Grande has received Federal financial assistance from the DOT, and as a condition of receiving this assistance, the City of Arroyo Grande will sign an assurance that it will comply with 49 CFR Part 26. It is the policy of the City of Arroyo Grande to ensure that DBEs, as defined in part 26, have an equal opportunity to receive and participate in DOT-assisted contracts. It is also our policy: • To ensure nondiscrimination in the award and administration of DOT-assisted contracts; • To create a level playing field on which DBEs can compete fairly for DOT-assisted contracts, • To ensure that the DBE Program is narrowly tailored in accordance with applicable law; • To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; • To help remove barriers to the participation of DBEs in DOT-assisted contracts; and � To assist the development of firms that can compete successfully in the market place outside the DBE Program. The Director of Public Works has been delegated as the DBE Liaison Officer. In that capacity, the Director of Public Works is responsible for implementing all aspects of the DBE program. Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by the City of Arroyo Grande in its financial assistance agreements with the California Department of Transportation (Caltrans). The City of Arroyo Grande has disseminated this policy statement to the Arroyo Grande City Council and all the components of our organization. We have distributed this statement to DBE and non-DBE business communities that perform work for us on DOT-assisted contracts by publishing this statement in general circulation, minority-focused and trade association publications. City of Arroyo Grande . p�ft _ DBE Program for FFY 2001/02 Page 1 May 2001 III. Nondiscrimination (§26.7) The City of Arroyo Grande will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR Part 26 on the basis of race, color, sex, or national origin. In administering its DBE program, the City of Arroyo Grande will not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE program with respect to individuals of a particular race, color, sex, or national origin. IV. DBE Program Updates (§26.21) The City of Arroyo Grande will continue to carry out this program until the City of Arroyo Grande has established a new goal setting methodology or until significant changes to this DBE Program are adopted. The City of Arroyo Grande will provide to Caltrans a proposed overall goal and goal setting methodology and other program updates by June 1 of every year. V. Quotas (§26.43) The City of Arroyo Grande will not use quotas or set asides in any way in the administration of this DBE program. VI. DBE Liaison Officer (DBELO) (§26.45) The City of Arroyo Grande has designated the following individual as the DBE Liaison Officer: Mr. Don Spagnolo, P.E. Director of Public Works/City Engineer City of Arroyo Grande P.O. Box 550 214 East Branch Street Arroyo Grande, CA 93421 (805) 473-5440 dspagnolo@arroyogrande.org In that capacity, Mr. Spagnolo is responsible for implementing all aspects of the DBE program and ensuring that the City of Arroyo Grande complies with all provisions of 49 CFR Part 26. This is available on the Internet at: osdbuweb.dot.gov/main.cfm. Mr. Spagnolo has direct, independent access to the City Manager concerning DBE program matters. The DBELO has a staff of finro support personnel who will devote a portion of his/ her time to the program. An organization chart displaying the DBELO's position in the organization is found in Attachment A to this program. City of Arroyo Grande - Draft - DBE Program for FFY 2001/02 Page 2 May 2001 The DBELO is responsible for developing, implementing and monitoring the DBE program, in coordination other appropriate officials. Duties and responsibilities include the following: 1. Gathers and reports statistical data and other information as required. 2. Reviews third party contracts and purchase requisitions for compliance with this program. 3. Works with all departments to set overall annual goals. 4. Ensures that bid notices and requests for praposals are available to DBEs in a timely manner. 5. Identifies contracts and procurements so that DBE goals are included in solicitations (both race-neutral methods and contract specific goals) and monitors results. 6. Analyzes the City of Arroyo Grande's progress toward goal attainment and identifies ways to improve progress. 7. Participates in pre-bid meetings. 8. Advises the CEO/governing body on DBE matters and achievement. 9. Chairs the DBE Advisory Committee. 10. Participates with the legal counsel and project director to determine contractor compliance with good faith efforts. 11. Provides DBEs with information and assistance in preparing bids, obtaining bonding and insurance. 12. Plans and participates in DBE training seminars. 13. Provides outreach to DBEs and community organizations to advise them of opportunities. VII. Federal Financial Assistance Agreement Assurance (§26.13) The City of Arroyo Grande will sign the following assurance, applicable to all FHWA-assisted contracts and their administration as part of the program supplement agreement for each project: The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE Program orthe requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's DBE Program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). City of Arroyo Grande - Draft - DBE Program for FFY 2001/02 Page 3 May 2001 VIII. DBE Financial Institutions It is the policy of the City of Arroyo Grande to investigate the full extent of services offered by financial institutions owned and controlled by socially and economically disadvantaged individuals in the community, to make reasonable efforts to use these institutions, and to encourage prime contractors on DOT-assisted contracts to make use of these institutions. Information on the availability of such institutions can be obtained from the DBE Liaison Officer. The Caltrans Disadvantaged Business Enterprise Program may offer assistance to the DBE Liaison Officer. IX. Directory (§26.31) The City of Arroyo Grande will refer interested persons to the DBE directory available from the Caltrans Disadvantaged Business Enterprise Program website at: www.dot. ca.gov/hq/be� X. Overconcentration (§26.33) The City of Arroyo Grande has not identified any types of work in DOT-assisted contracts that have a overconcentration of DBE participation. If in the future the City of Arroyo Grande identifies the need to address overconcentration, measures for addressing overconcentration will be submitted to the DLAE for approval. XI. Business Development Programs (§26.35) The City of Arroyo Grande does not have a business development or mentor-protege program. If the City of Arroyo Grande identifies the need for such a program in the future, the rationale for adopting such a program and a comprehensive description of it will be submitted to the DLAE for approval. XII. Required Contract Clauses (§§26.13, 26.29) Contract Assurance The City of Arroyo Grande ensures that the following clause is placed in every DOT-assisted contract and subcontract: The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy City of Arroyo Grande - Draft - DBE Program for FFY 2001/02 Page 4 May 2001 as recipient deems appropriate. Prompt Payment The City of Arroyo Grande ensures that the following clauses or equivalent will be included in each DOT-assisted prime contract: Satisfactory PerFormance The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the prime contractor receives from the City of Arroyo Grande. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Arroyo Grande. This clause applies to both DBE and non-DBE subcontractors Release of Retainaae The prime contractor agrees further to release retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Arroyo Grande. This clause applies to both. DBE and non-DBE subcontractors. XIII. Monitoring and Enforcement Mechanisms (§26.37) The City of Arroyo Grande will assign a Resident Engineer (RE) or Contract Manager to monitor and track actual DBE participation through contractor and subcontractor reports of payments in accordance with the following: After Contract Award After the contract award the City of Arroyo Grande will review the award documents for the portion of items each DBE and first tier subcontractor will be performing and the dollar value of that work. With these documents the RE/Contract Manager will be able to determine the work to be performed by the DBEs or subcontractors listed. Preconstruction Conference A preconstruction conference will be scheduled between the RE and the contractor or their representative to discuss the work each DBE subcontractor will perform. Before work can begin on a subcontract, the local agency will require the contractor to submit a completed "Subcontracting Request," Exhibit 16-B of the LAPM or equivalent. City of Arroyo Grande - Draft - DBE Program for FFY 2001/02 Page 5 May 2001 When the RE receives the compieted form it will be checked for agreement of the first tier subcontractors and DBEs. The RE will not approve the request when it identifies someone other than the DBE or first tier subcontractor listed in the previously completed "Local Agency Bidder DBE Information," Exhibit 15-G. The "Subcontracting Request" will not be approved until any discrepancies are resolved. If an issue cannot be resolved at that time, or there is some other concern, the RE will require the contractor to eliminate the subcontractor in question before signing the subcontracting request. A change in the DBE or first tier subcontractor may be addressed during a substitution process at a later date. Suppliers, vendors, or manufacturers listed on the "Local Agency Bidder DBE Information" will be compared to those listed in the completed Exhibit 16-I of the LAPM or equivalent. Differences must be resolved by either making corrections or requesting a substitution. Substitutions will be subject to the Subletting and Subcontracting Fair Practices Act (FPA). Local agencies will require contractors to adhere to the provisions within Subletting and Subcontracting Fair Practices Act (State Law) Sections 4100-4144. FPA requires the contractor to list all subcontractors in excess of one half of one percent (0.5%) of the contractor's total bid or $10,000, whichever is greater. The statute is designed to prevent bid shopping by contractors. The FPA explains that a contractor may not substitute a subcontractor listed in the original bid except with the approval of the awarding authority. The RE will give the contractor a blank Exhibit 17-F, "Final Report Utilization of Disadvantaged Business Enterprises, First Tier Subcontractors" and will explain to them that the document will be required at the end of the project, for which payment can be withheld, in conformance with the contract. Construction Contract Monitorina The RE will ensure that the RE's staff (inspectors) know what items of work each DBE is responsible for performing. Inspectors will notify the RE immediately of apparent violations. When a firm other than the listed DBE subcontractor is found performing the work, the RE will notify the contractor of the apparent discrepancy and potential loss of payment. Based on the contractor's response, the RE will take appropriate action: The DBE Liaison Officer will perform a preliminary investigation to identify any potential issues related to the DBE subcontractor performing a commercially useful function. Any substantive issues will be forwarded to the Caltrans Disadvantaged Business Enterprise Program. If the contractor fails to adequately explain why there is a discrepancy, payment for the work will be withheld and a letter will be sent to the contractor referencing the applicable specification violation and the required withholding of payment. If the contract requires the submittal of a monthly truck document, the contractor will be required to submit documentation to the RE showing the owner's name; California Highway Patrol CA number; and the DBE certification number of the owner of the truck for each truck used during that month for which DBE participation will be claimed. The trucks will City of Arroyo Grande - Draft - DBE Program for FFY 2001/02 Page 6 May 2001 be listed by California Highway Patrol CA number in the daily diary or on a separate piece of paper for documentation. The numbers are checked by inspectors regularly to confirm compliance. Providing evidence of DBE. payment is the responsibility of the contractor. Substitution When a DBE substitution is requested, the RE/Contract Manager will request a letter from the contractor explaining why substitution is needed. The RE/Contract Manager must review the letter to be sure names and addresses are shown, dollar values are included, and reason for the request is explained. If the RE/Contract Manager agrees to the substitution, the RE/Contract Manager will notify, in writing, the DBE subcontractor regarding the proposed substitution and procedure for written objection from the DBE subcontractor in accordance with the Subletting and Subcontracting Fair Practices Act. If the contractor is not meeting the contract goal with this substitution, the contractor must provide the required good faith effort to the RE/Contract Manager for local agency consideration. If there is any doubt in the RE/Contract Manager's mind regarding the requested substitution, the RE/Contract Manager may contact the DLAE for assistance and direction. Record Keepina and Final Report Utilization of Disadvantaaed Business Enterarises The contractor shall maintain records showing the name and address of each first-tier subcontractor. The records shall also show: 1. The name and business address, regardless of tier, of every DBE subcontractor, DBE vendor of materials and DBE trucking company. 2. The date of payment and the total dollar figure paid to each of the ficros. 3. The DBE prime contractor shall also show the date of work perFormed by their own forces along with the corresponding dollar value of the work claimed toward DBE goals. When a contract has been completed the contractor will provide a summary of the records stated above. The DBE utilization information will be documented on Exhibit 17-F and will be submitted to the DLAE attached to the Report of Expenditures. The RE will compare the completed Exhibit 17-F to the contractor's completed Exhibit 15-G and, if applicable, to the completed Exhibit 16-B. The DBEs shown on the completed Exhibit 17-F should be the same as those originally listed unless an authorized substitution was allowed, or the contractor used more DBEs and they were added. The dollar amount should reflect any changes made in planned work done by the DBE. The contractor will be required to explain in writing why the names of the subcontractors, the work items or dollar figures are different from what was originally shown on the completed Exhibit 15-G when: City of Arroyo Grande - Draft - DBE Program for FFY 2001/02 Page 7 May 2009 There have been no changes made by the RE. The contractor has not provided a sufficient explanation in the comments section of the completed Exhibit 17-F. The explanation will be attached to the completed Exhibit 17-F for submittal. The RE will file this in the project records. The local agency's Liaison Officer will keep track of the DBE certification status on the Internet at www.dot.ca.aov/hq/be� and keep the RE informed of changes that affect the contract. The RE will require the contractor to act in accordance with existing contractual commitments regardless of decertification. The DLAE will use the PS&E checklist to monitor the City of Arroyo Grande's commitment to require bidders list information to be submitted to the City of Arroyo Grande from the awarded prime and subcontractors as a means to develop a bidders list. This monitoring will only take place if the bidders list information is required to be submitted as stipulated in the special provisions. The City of Arroyo Grande will bring to the attention of the DOT through the DLAE any false, fraudulent, or dishonest conduct in connection with the program, so tha# DOT can take the steps (e.g., referral to the Department of Justice for criminal prosecution, referral to the DOT Inspector General, action under suspension and debarment or Program Fraud and Civil Penalties rules) provided in §26.109. The City of Arroyo Grande also will consider similar action under our own legal authorities, including responsibility determinations in future contracts. XIV. Overall Goals (§26.45) Amount of Goal The City of Arroyo Grande's overall goal for the Federal fiscal year FY 2001/02 is the following: 9% of the Federal financial assistance in FHWA-assisted contracts. This overall goal is broken down into 5% race-conscious and 4% race-neutral components. Methodoloav The "Utilizing the Bidders LisY' methodotogy was used to determine the City of Arroyo Grande's overall goal for Federal fiscal Year FY 2001/02. DOT-Assisted Contractinq Proaram for FYY 2001/02 The following represents the City of Arroyo Grande's projected FHWA funded contracts and expenditures by work category and corresponding North American Industry Classification System (NAICS) for FFY 2001/02: City of Arroyo Grande - Draft - DBE Program for FFY 2001/02 Page 8 May 2001 2. Goal-methodoloqv Step l: Determination of a Base Figure (49 CFR 26.45) The City of Arroyo Grande elected to utilize the following methodology in establishing the City of Arroyo Grande's Base Figure of relative DBE availability for FFY 2001/02. For the Numerator.� DBE Firms in City of Arroyo Grande's Bidders List For the Denominator.• Al/ Firms in City of Arroyo Grande's Bidders List The City of Arroyo Grande will calculate its weighted Base Figure by first determining the number of ready, willing and able DBEs in its FY 2000/01 Bidders List by work category, and dividing the number of DBEs by the total number of firms in the same work category. Through this method, the City of Arroyo Grande can measure availability by the number of firms that have directly participated in, or attempted to participate in, City of Arroyo Grande's DOT-assisted contracting in FY 2000/01. Application of this formula yields the following baseline information: Number of Ready. Willing and Able DBE's = BASE FIGURE Number of All Ready, �lling and Able Firms The Base Figure resulting from this calculation is as follows: Base Figure =.22(DBEs in 541330�+. 36(DBEs in 234120�+. 42(DBEs in 234110) City of Arroyo Grande - Draft - DBE Program for FFY 2001/02 Page 9 May 2001 Base Figure = Base Figure = Base Figure = Base Figure = Firms in 541330 ! .2210) + l (0) [ .22(0) + f 0 + [ .093 ] x 100 Step ll: Adjusting the Base Figure Firms in 234120 .36 0 + •42(2) 1 (�) ( � .25(0) 0 = 9% + .42(.22) ] Firms in 234110 + .093 ] x 100 The Base Figure was not adjusted for FFY 2001/02. Breakout of Estimated Race-Neutral and Race-Conscious Participation Of the overall annual 9% goal for DBE participation, the City of Arroyo Grande projects meeting 4% of the goal utilizing race-neutral methods, including making efforts to assure that bidding and contract requirements facilitate participation by DBEs and other small businesses; unbundling large contracts to make them more accessible to small businesses; encouraging prime contractors to subcontract portions of the work that they might otherwise perform themselves; and providing technical assistance, and othersupport services to facilitate consideration of DBEs and other small businesses. The remaining 5% of the goal is anticipated to be accomplished through race-conscience measures, which includes establishing contract specific goals on contracts with contracting possibilities, when needed, to meet the City's overall annual DBE goal. Process Starting with the Federal fiscal year 2002, the amount of overall goal, the method to calculate the goal, and the breakout of estimated race-neutral and race-conscious participation will be required annually by June 1 in advance of the Federal fiscal year beginning October 1 for FHWA-assisted contracts. Submittals will be to the Caltrans' DLAE. An exception to this will be if FTA or FAA recipients are required by FTA or FAA to submit the annual information to them or a designee by another date. FHWA recipients will follow this process: Once the DLAE has responded with preliminary comments and the comments have been incorporated into the draft overall goal information, the City of Arroyo Grande will publish a notice of the proposed overall goal, informing the public that the proposed goal and its rationale are available for inspection during normal business hours at the City of Arroyo Grande's principal office for 30 days following the date of the notice, and informing the public that City of Arroyo Grande comments will be accepted on the goals for 45 days following the date of the notice. Advertisements in newspapers, minority focus media, trade City of Arroyo Grande - Draft - DBE Program for FFY 2001/02 Page 10 May 2001 publications, and websites will be the normal media to accomplish this effort. The notice will include addresses to which comments may be sent and addresses (including offices and websites) where the proposal may be reviewed. The overall goal resubmission to the Caltrans DLAE, will include a summary of information and comments received during this public participation process and City of Arroyo Grande's responses. This will be due by September 1 to the Caltrans DLAE. The DLAE will have a month to make a final review so the City of Arroyo Grande may begin using the overall goal on October 1 of each year. If there is a design build please refer to Appendix 6 of this DBE Program. XV. Contract Goals (§26.51) The City of Arroyo Grande will use contract goals to meet any portion of the overall goal the City of Arroyo Grande does not project being able to meet by the use of race-neutral means. Contract goals are established so that, over the period to which the overall goal applies, they will cumulatively result in meeting any portion of the overall goal that is not projected to be met through the use af race-neutral means. Contract goals will be established only on those DOT-assisted contracts that have subcontracting possibilities. Contract goals need not be established on every such contract, and the size of contract goals will be adapted to the circumstances of each such contract (e.g., type and location of work, availability of DBEs to perform the particular type of work). The contract work items will be compared with eligible DBE contractors willing to work on the project. A determination will also be made to decide which items are likely to be performed by the prime contractor and which ones are likely to be performed by the subcontractor(s). The goal will then be incorporated into the contract documents. Contract goals will be expressed as a percentage of the total amount of a DOT-assisted contract. XVI. Transit Vehicle Manufacturers (§26.49) If DOT-assisted contracts will include transit vehicle procurements, the City of Arroyo Grande will require each transit vehicle manufacturer, as a condition of being authorized to bid or propose on transit vehicle procurements, to certify that it has complied with the requirements of 49 CFR Part 26, Section 49. The City of Arroyo Grande will direct the transit vehicle manufacturer to the subject requirements located on the Internet at: http://osdbuweb.dot.aov/prog rams/dbe/dbe. htm. XVII. Good Faith Efforts (§26.53) Information to be Submitted The City of Arroyo Grande treats bidders'/offerors' compliance with good faith effort City of Arroyo Grande - Draft - DBE Program for FFY 2001/02 Page 11 May 2001 __ _ _ _ __ requirements as a matter of responsiveness. A responsive proposal is meeting all the requirements of the advertisement and solicitation. Each solicitation for which a contract goal has been established will require the bidders/offerors to submit the following information to: City of Arroyo Grande Attn: Director of Administrative Services P.O. Box 550 214 East Branch Street Arroyo Grande, CA 93421 no later than 4:00 p.m. on or before the fourth day, not including Saturdays, Sundays and legal holidays, following bid opening: 1. The names and addresses of known DBE firms that will participate in the contract; 2. A description of the work that each DBE will perForm; 3. The dollar amount of the participation of each DBE firm participation; 4. Written and signed documentation of commitment to use a DBE subcontractor whose participation it submits to meet a contract goal; 5. Written and signed confirmation from the DBE that it is participating in the contract as provided in the prime contractor's commitment; and 6. If the contract goal is not met, evidence of good faith efforts. Demonstration of Good Faith Efforts The obligation of the bidder/offeror is to make good faith efforts. The bidder/offeror can demonstrate that it has done so either by meeting the contract goal or documenting good faith efforts. Examples of good faith efforts are found in Appendix A to part 26 which is attached. The following personnel are responsible for determining whether a bidder/offeror who has not met the contract goal has documented sufficient good faith efforts to be regarded as responsive: The City of Arroyo Grande Director of Public Works. The City of Arroyo Grande will ensure that all information is complete and accurate and adequately documents the bidder/offeror's good faith efforts before a commitment to the performance of the contract by the bidder/offeror is made. Administrative Reconsideration Within 10 days of being informed by the City of Arroyo Grande that it is not responsive because it has not documented sufficient good faith efforts, a bidder/offeror may request administrative reconsideration. Bidder/offerors should make this request in writing to the following reconsideration official: City of Arroyo Grande - Draft - DBE Program for FFY 2001/02 Page 12 May 2001 Mr. Steven Adams, City Manager City of Arroyo Grande P.O. Box 550 214 East Branch Street Arroyo Grande, CA 93421 (805) 473-5404 The reconsideration official will not have played any role in the original determination that the bidder/offeror did not make document sufficient good faith efforts. As part of this reconsideration, the bidder/offeror will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The bidder/offeror will have the opportunity to meet in person with the reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do. The City of Arroyo Grande will send the bidder/offeror a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. The result of the reconsideration process is not administratively appealable to Caltrans, FHWA or the DOT. Good Faith Efforts when a DBE is Replaced on a Contract The City of Arroyo Grande will require a contractor to make good faith efforts to replace a DBE that is terminated or has otherwise failed to complete its work on a contract with another certified DBE, to the extent needed to meet the contract goal. The prime contractor is required to notify the RE immediately of the DBE's inability or unwillingness to perform and provide reasonable documentation. In this situation, the prime contractor will be required to obtain City of Arroyo Grande prior approval of the substitute DBE and to provide copies of new or amended subcontracts, or documentation of good faith efforts. If the contractor fails or refuses to comply in the time specified, the City of Arroyo Grande contracting office will issue an order stopping all or part of payment/work until satisfactory action has been taken. If the contractor still fails to comply, the contracting officer may issue a termination for default proceeding. VXIII. Counting DBE Participation (§26.55) The City of Arroyo Grande will count DBE participation toward overall and contract goals as provided in the contract specifications for the prime contractor, subcontractor, joint venture partner with prime or subcontractor, or vendor of material or supplies. See the Caltrans' Sample Boiler Plate Contract Documents previously mentioned. Also, refer to XI, A. "After Contract Award." XIX. Certification (§26.83(a)) City of Arroyo Grande - Draft - DBE Program for FFY 2001/02 Page 13 May 2001 The City of Arroyo Grande ensures that only DBE firms currently certified on the Caltrans' directory will participate as DBEs in our program. XX. Information Collection and Reporting Bidders List The City of Arroyo Grande will create and maintain a bidders list, consisting of information about all DBE and non-DBE firms that bid or quote on its DOT-assisted contracts. The bidders list will include the name, address, DBE/non-DBE status, age, and annual gross receipts of firms. M.onitoring Payments to DBEs Prime contractors are required to maintain records and documents of payments to DBEs for three years following the perFormance of the contract. These records will be made available for inspection upon request by any authorized representative of the City of Arroyo Grande, Caltrans, or FHWA. This reporting requirement also extends to any certified DBE subcontractor. Payments to DBE subcontractors will be reviewed by the City of Arroyo Grande to ensure that the actual amount paid to DBE subcontractors equals or exceeds the dollar amounts stated in the schedule of DBE participation. Reportinc,�to Caltrans The City of Arroyo Grande's final utilization of DBE participation will be reported to the DLAE using Exhibit 17-F of the Caltrans' LAPM. Confidentialitv The City of Arroyo Grande will safeguard from disclosure to third parties information that may reasonably be regarded as confidential business information, consistentwith Federal, state, and local laws. This Disadvantaged Business Enterprises Program is approved by: Steven Adams Date City of Arroyo Grande - Draft - DBE Program for FFY 2001/02 Page 14 May 2001 City Manager This Disadvantaged Business Enterprises Program is accepted by: Jerald T. Gibbs Caltrans District 5 Local Assistance Engineer Date ATTACHMENT A ORGANIZATIONAL CHART THE ELECTORS MAYOR AND CITY COUNCIL CITY MANAGER Steven Adams PUBLIC WORKS DEPARTMENT Don Spagno/o, P. E. Director/City Engineer/DBELO - Vacant - Associate Civil Engineer/ DBE Support Staff Jill E. Peterson Sr. Consultant Engineer/ DBE Support Staff City of Arroyo Grande DBE Program for FFY 2000/09 Attachment A- Page 1 December 2000 APPENDIX A TO PART 26 GUIDANCE CONCERNING GOOD FAITH EFFORTS When, as a recipient, you establish a contract goal on a DOT-assisted contract, a bidder must, in order to be responsible and/or responsive, make good faith efforts to meet the goal. The bidder can meet this requirement in either of two ways. First, the bidder can meet the goal, documenting commitments for participation by DBE firms sufficient for this purpose. Second, even if it doesn't meet the goal, the bidder can document adequate good faith efforts. This means that the bidder must show that it took all necessary and reasonable steps to achieve a DBE goal or other requirement of this part which, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE participation, even if they were not fully successful. In any situation in which you have established a contract goal, part 26 requires you to use the good faith efforts mechanism of this part. As a recipient, it is up to you to make a fair and reasonable judgment whether a bidder that did not meet the goal made adequate good faith efforts. It is important for you to consider the quality, quantity, and intensity of the different kinds of efforts that the bidder has made. The efforts employed by the bidder should be those that one could reasonably expect a bidder to take if the bidder were actively and aggressively trying to obtain DBE participation sufficient to meet the DBE contract goal. Mere ro forma efforts are not good faith efforts to meet the DBE contract requirements. We emphasize, however, that your determination concerning the sufficiency of the firm's good faith efforts is a judgment call: meeting quantitative formulas is not required. III. The Department also strongly cautions you against requiring that a bidder meet a contract goal (i.e., obtain a specified amount of DBE participation) in order to be awarded a contract, even though the bidder makes an adequate good faith efforts showing. This rule specifically prohibits you from ignoring bona fide good faith efforts. IV. The following is a list of types of actions which you should consider as part of the bidder's good faith efforts to obtain DBE participation. It is not intended to be a mandatory checklist, nor is it intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases. A. Soliciting through all reasonable and available means (e.g. attendance ai pre-bid meetings, advertising and/or written notices) the interest of all certified DBEs who have the capability to perForm the work of the contract. The bidder must solicit this interest within sufficient time to allow the DBEs to respond to the solicitation. The bidder must determine with certainty if the DBEs are interested by taking appropriate steps to follow up initial solicitations. City of Arroyo Grande DBE Program for FFY 2000/09 Appendix A- Page 9 December 2000 B. Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units to facilitate DBE participation, even when the prime contractor might otherwise prefer to perForm these work items with its own forces. C. Providing interested DBEs with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation. D. (1) Negotiating in good faith with interested DBEs. It is the bidder's responsibility to make a portion of the work available to DBE subcontractors and suppliers and to select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional agreements could not be reached for DBEs to perform the work. (2) A bidder using good business judgment would consider a.number of factors in negotiating with subcontractors, including DBE subcontractors, and would take a firm's price and capabilities as well as contract goals into consideration. However, the fact that there may be some additional costs involved in fiinding and using DBEs is not in itself sufficient reason for a bidder's failure to meet the contract DBE goal, as long as such costs are reasonable. Also, the ability or desire of a prime contractor to perform the work of a contract with its own organization does not relieve the bidder of the responsibility to make good faith efforts. Prime contractors are not, however, required to accept higher quotes from DBEs if the price difference is excessive or unreasonable. E. Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. The contractor's standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. non-union employee status) are not legitimate causes for the rejection or non-solicitation of bids in the contractor's efforts to meet the project goal. F. Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required by the recipient or contractor. G. . Making efforts to assist interested DBEs in obtaining necessary equipment, City of Arroyo Grande DBE Program for FFY 2000/01 Appendix A Page 2 Decembe� 2000 supplies, materials, or related assistance or services. H. Effectively using the services of available minority/women community organizations; minority/women contractors' groups; local, state, and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of DBEs. V. In determining whether a bidder has made good faith efforts, you may take into account the performance of other bidders in meeting the contract. For example, when the apparent successful bidder fails to meet the contract goal,.but others meet it, you may reasonably raise the question of whether, with additional reasonable efforts, the apparent successful bidder could have met the goal. If the apparent successful bidder fails to meet the goal, but meets or exceeds the average DBE participation obtained by other bidders, you may view this, in conjunction with other factors, as evidence of the apparent successful� bidder having made good faith efforts. City of Arroyo Grande DBE Program for FFY 2000/01 Appendix A- Page 3 December 2000 APPENDIX B TO BE USED FOR DESIGN-BUILD CONTRACTS The following are hereby incorporated into the Agency's Disadvantaged Business Enterprise (DBE) Program: II. Objectives /Policy Statement (§§26.1, 26.23) At the end of the first paragraph, add the following: The Agency recognizes that certain modifications are necessary to adapf the program for use in connection with design-build contracts, and has therefore established certain procedures applicable to design-build DBE contracts under the DBE Program. Public Contract Code Section 4909 requires subcontractors to be identi�ed by the prime contractor for the subletting or subcontracting of any portion of the work in excess of one-half of 1 percent of the prime contractor's total bid. Exceptions are only in the cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the awarding authority setting forth the facts constituting the emergency or necessity. The written public record of the awarding authority/Agency as to either emergency or necessity is attached hereto (See Appendix C for sample). XIII. Monitoring and Enforcement Mechanisms (§26.37) At the end of the first paragraph below "After Contract Award", add the following paragraph: After Design-Build Contract Award As described in the Section entitled "GOOD FAITH EFFORTS" below, each proposer for an Agency design-build contract will be required to submit a DBE Performance Plan as part of a responsive proposal. Fol/owing award of a design-build contract and during both the design and construction portions of the project, the design-build contractor will be required to submit documentation, in the form of progress reports described below, to show that the design-build contractor is meeting the contract goal for the project, or if the goa/ is not being met, the design-build contractor must submit satisfactory evidence that it has made good faith efforts, in accordance with that Section, to meet the goa/. Evidence of good faith efforts, as described in 49 CFR Part 26 Section 26.5349 and Appendix A, will be monitored by the Agency throughout the duration of the design-build project. City of Arroyo Grande DBE Program for FFY 2000/01 Appendix B- Page 1 December 2000 _-- At the end of the first paragraph below "Preconstruction Conference", add the following sentence: The contractor will promptly provide the Agency with the information nequired by the form entitled "LocalAgency DBE lnformation"upon selection of any DBE orothersubcontractor not previously identified by the design-build contractor. During the course of the contract, differences must be exp/ained and resolved by either making corrections or requesting a substitution. At the end of the fourth paragraph below "Construction Contract Monitorina", add the following paragraph: The contractor wil/ provide DBE Progress Reports to the Agency with each invoice and will provide an annual report on or before August 1 of each year of the design-build contract. Each report must a/so include a narrative summary stating whether the contractor is on target with respect to the DBE goal set forth in the design-build contract, whether the goal has been exceeded (stating the amount of the excess), or whetherthe contractoris behind target (stating the amount of the deficit). XVII. Good Faith Efforts (§26.53) At the end of the third paragraph below "Information to be Submitted", add the following items: 7. A DBE Performance Plan containing a detailed description of the design-build contractor's planned methodology forachieving the DBE goal stated in the contract, including a description of the good faith efforts the design-build contractor intends to undertake to achieve that goal. 8. A design-build proposa/ must also include an affidavit that the proposer will either attain the DBE goals for the design-build contract or will exercise good faith efforts to do so. At the end of the first paragraph below "Demonstration of Good Faith Efforts", add the following sentence: If it is a design-build contract, each contractor proposing will be required to submit DBE Performance Plan as part of a responsive proposal and good faith efforts. This Disadvantaged Business Enterprises Program for design-build contracts is approved ay: Steven Adams Date City of Arroyo Grande DBE Program for FFY 2000/01 Appendix B- Page 2 December 2000 City Manager This Disadvantaged Business Enterprises Program for design-build contracts is accepted by: Jerald T. Gibbs Caltrans District 5 Local Assistance Engineer Date City of Arroyo Grande DBE Program for FFY 2000/01 Appendix B- Page 3 December 2000 APPENDIX C SAMPLE RESOLUTION RESOLUTION OF THE CITY OF ARROYO GRANDE REGARDING NECESSITY OR EMERGENCY FOR SUBSEQUENT SUBCONTRACTOR IDENTIFICATION AND SELECTION FOR DESIGN-BUILD CONTRACTS (REQUIRED BY PUBLIC CONTRACT CODE SECTION 4109 ENTITLED "PUBLIC EMERGENCY GROUNDS FOR CHANGE") A. B. C. D. E. F. EXPLANATION OF PUBLIC NECESSITY OR EMERGENCY: FACTS CONSTITUTING THE PUBLIC NECESSITY OR EMERGENCY: FINDINGS: RESOLUTION FOR SUBSEQUENT IDENTIFICATION OF SUBCONTRACTORS: ADOPTION OF PROCEDURE TO BE USED BY DESIGN-BUILD CONTRACTOR FOR SUBSEQUENT IDENTIFICATION OF SUBCONTRACTORS: CERTIFICATE OF SECRETARY 1 2 3. MOTION MADE AND DATE VOTING RESULTS SIGNATURES: (a) (Secretary) (b) (Chairperson) City of Arroyo Grande DBE Program for FFY 2000/01 Appendix C- Page 1 December 2000 PUBLIC NOTICE CITY OF ARROYO GRANDE NOTICE IS HEREBY GIVEN that the City of Arroyo Grande has established an Overall Annual Disadvantaged Business Enterprise Goal, applicable to contracting opportunities scheduled to be awarded during the period of October 1, 2001 through September 30, 2002. The City of Arroyo Grande's proposed Overall Annual Goal and its rationale were developed in response to U.S. Department of Transportation's New Disadvantaged Business Enterprise Program Final Rule (49 CFR Part 26) and are available for inspection for thirty (30) days following the date of this Notice, from 8:00 a.m. to 5:00 p.m., Pacific Daylight Time, Monday through Friday, at our principal place of business located at: City of Arroyo Grande Office of Administrative Services 214 East Branch Street Arroyo Grande, California 93420 Phone: (805) 473-5400 Web Address: www.arroyogrande.org Comments will be accepted on the Goal for forty-five (45) days from the date of this Notice. Comments can be forwarded to the City of Arroyo Grande at the above stated address or to Jerald T. Gibbs, District Local Assistance Engineer, Caltrans District 5, 50 Higuera Street, San Luis Obispo, California 93401. Dated at , California, this day of , 2001 /s/ 8.k. � �n�.vnrvnw � tu = u � MEMORANDUM i� ,x�ir ,o. ,o,� , F c4 ��FOR�� P TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER � SUBJECT: COMMUNICATIONS SITE LEASE AGREEMENTS WITH COX PCS ASSETS, LLC DATE: MAY 22, 2001 RECOMMENDATION: It is recommended the City Council approve and authorize the Mayor to execute finro (2) Communications Site Lease Agreements befinreen the City and Cox PCS Assets, LLC for use of approximately finro hundred eighty-eight (288) square feet of property located at Reservoir #2 and two hundred eighty-eight (288) square feet of property located at Reservoir #4 as well as space on the water tank. FUNDING: Cox PCS Assets, LLC will pay the City a fee of fifteen hundred dollars ($1,500) per month per lease Agreement. Rent is increased each year by an amount equal to two and six tenths percent (2.6%) of the rent for the previous year. Additionally, Cox PCS Assets, LLC will pay a one-time administrative review fee of two thousand dollars $2,000. The General Fund will receive a total of $38,000 for the first year. DfSCUSSION: Recently, the City received an inquiry from Cox PCS Assets, LLC expressing interest in leasing portions of the Reservoir #2 and Reservoir #4 properties for communications facility sites. After extensive negotiations, the parties drafted the attached Communications Site Lease Agreements for an approximate two hundred eighty-eight (288) square foot portion of Reservoir #2 and approximately two hundred eighty-eight (288) square foot portion of Reservoir #4 properties as well as space on the water tank. The term of the Agreements are for five (5) years with three (3) five (5)-year extensions. Cox PCS Assets, LLC will pay rent of fifteen hundred dollars ($1,500) per month, per Agreement. Subsequently, rent will be increased each year by an amount equal to two and six tenths percent (2.6%) of the rent for the previous year. Additionally, staff has negotiated a one-time administrative fee of finro thousand dollars ($2,000) as compensation for Lease preparation and review. Prior to any improvement of the Lease sites, Cox PCS Assets, LLC will be required to obtain Conditional Use Permits and all other necessary permits for its proposed facilities. CITY COUNCIL MAY 22, 2001 PAGE TWO ALTERNATIVES: The following alternatives are provided for the Council's consideration: — Approve staff's recommendation; — Do not approve staff's recommendation; — Modify as appropriate and approve staffs recommendation; — Provide direction to staff. Attachments — Cox PCS Assets, LLC Site Lease Agreement (Reservoir #2) Cox PCS Assets, LLC Site Lease Agreement (Reservoir #4) ., ,...�,,�.,�.. .w_,_. .��.,�......._ Attachment 1 COMMUNICATIONS SITE LEASE AGREEMENT (GROUND) This Communications Site LeaseAgreement (Ground) ("Agreement") is entered intothis day of , 2001, befinreen COX PCS ASSETS, LLC, a Delaware limited liability company ("Lessee"), and CITY OF ARROYO GRANDE, a municipal corporation formed under the laws of the State of Califomia ("Lessor"). For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged; the parties hereto agree as follows: 1. PREMISES. Lessor is the owner of a parcel of land (the "Land") located in the City of Arroyo Grande, County of San Luis Obispo, State of California, commonly known as Reservoir 2. The Land is more particularly described in Exhibit A annexed hereto. Lessor hereby leases to Lessee and Lessee leases from Lessor, approximately 288 square feet of the Land and all access and utility easements, if any, (the "Premises") described in Exhibit B annexed hereto. 2. USE. The Premises may be used by Lessee for reasonable activities in connection with the provision of communications services. Lessee shafl, at Lessee's sole cost and expense, make application for and obtain all licenses, permits and any and all other necessary approvals that may be required for Lessee `s intended use of the Premises. Lessee is aware that Lessee must obtain a conditional use permitfrom the City of Arroyo Grande and comply with conditions imposed thereon as a condition precedent to occupancy of the Premises. 3. TESTS AND CONSTRUCTION. Lessee shall have the right at any time, following the full execution of this Agreement, to enter upon the Land for the purposes of making appropriate engineering and boundary surveys, inspections, soil test borings, structural strength analysis, and other reasonably necessary tests (collectively, "Tests"). Lessee shall comply with the repair provisions of Paragraph 15 below during and after all Tests and related work. 4. TEwH. The term of this Agreement shall be five (5) years commencing on the date Lessee obtains a conditional use permit as specified in Paragraph 2 above ("Commencement Date") and terminating on the fifth anniversary of the Commencement Date (the "Term") unless otherwise terminated as provided in Paragraph 10. Lessee shall have the right to extend the Term for three (3) successive five (5) year periods (The "Renewal Terms") on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive Renewal Term unless Lessee notfies Lessor of its intention not to renew prior to commencement of the succeeding Renewal Term. G:\CLIENTSUSB�SPRIN1lSouthem Califomia�SN�SN-45-XC-098(D)�PCS Communicadons.AGRMT.I.wpd April 11, 2001 Page 1 of 9 5. RENT. (a) Withinfifteen (15) business days ofthe Commencement Date, and on the first day of each month thereafter, Lessee shall pay to Lessor as rent Fifteen Hundred Dollars ($1,500.00) per month ("Rent"). Rent for any fractional month at the beginning or at the end of the Term or Renewal Term shali be prorated. Rent shall be payable to Lessor at City of Arroyo Grande, P.O. Box 550, 214 East Branch Street, Arroyo Grande, CA 93421; Attention: Financial Services Director. (b) Rent shall be increased on each anniversary of the Commencement Date by an amount equal to finro and six tenths percent (2.6%) of the Rent for the previous year during the initial Term and all Renewal Terms. (c) Rent payments made after the fifteenth (15 day of any month will be considered delinquent, and shall accrue interest at the rate of ten percent (10%) per annum on that delinquent amount until Lessee's account is paid to current. If the fifteenth (15 day of the month is on a Saturday, Sunday or holiday, then Lessee has until the next business day for the payment to be received by Lessor. (d) Within thirty (30) days of the full execution of this Agreement, Lessee shall pay to Lessor as additional consideration a one time administrative fee of One Thousand Dollars ($1,000.00) for City transactional costs associated with preparation and processing of this Agreement. s. FACILITIES; UTILITIES; ACCESS. (a) Subject to the terms and conditions herein, Lessee has the right to erect, maintain, install, remove, replace, modify and operate on the Premises radio communications facilities, including utility lines, transmission lines, air conditioned equipment shelter(s), electronic equipment, cable, wiring, fixtures, radio transmitting and receiving antennas, supporting equipment, back-up power sources (including generators and fuel storage tanks) and structures thereto ("Lessee Facilities"). In connection therewith, Lessee has the right to do all work necessary to prepare, maintain and alter the Premises for Lessee's business operations and to install transmission lines connecting the antennas to the transmitters and receivers. All of Lessee's construction and installation work shall be performed at Lessee's sole cost and expense and in a good workmanlike manner. Except as otherwise specified herein, title to the Lessee Facilities shall be held by Lessee. All of the Lessee Facilities shall remain Lessee's personal property and are not fixtures. Lessee shall remove all the Lessee Facilities at its sole expense on or before the expiration or earlier termination of this Agreement; provided, Lessee repairs any damage to the Premises caused by such removal. Should Lessee fail to remove the Lessee Facilities from the Land within thirty (30) days of the expiration or ea�lier termination of this Agreement, Lessor may remove and store the Lessee Facilities at Lessee's sole cost and expense. If Lessee does not claim the Lessee Facilities, and provided that Lessor has given Lessee any third party financing entity sixty (60) days prior written notice, the Lessee Facilities shall be deemed abandoned. Lessee shall post a Twenty- G:\CLIENTSUSB�SPRIIV'I1Southem California�SN�SN-45-XC-098(D)�PCS Communications.AGRMT.I.wpd April 11, 2001 Page 2 of 9 Five Thousand Dollars ($25,000) surety bond for removal of the Lessee Facilities. The aforementioned surety bond shall be in effect for the initial five (5) year term and all renewal terms of this Agreement. Lessee agrees to increase the amount of the bond for each Renewal Term in the same proportion that rent increases in said Renewal Term. Lessee may, replace, substitute, upgrade and expand its equipment, cables and antennas which comprise the Lessee Facilities for the purpose of repairing, replacing, exchanging or upgrading the communications capabilities of the Lessee Facilities, with prior notice to Lessor, but without the requirement of prior approval, so long as equipment, cables or antennas remain within the original physical parameters of the Premises. However, should Lessee desire to expand or improve any of Lessor's existing structures or facilities located on the Land outside of the Premises, it shall obtain Lessor's prior written consent. Any such expansion or improvement ofLessor's existing structures orfacilities shall be deemed a part of Lessor's property, subject to Lessee's right of use of the expansion or improvement during the term of this Agreement. (b) Lessee shall pay for the electricity and all other utility services it consumes or uses in its operations, and any electrical upgrade, if necessary, shall be at Lessee's sole cost and expense. Lessee shall have the right to draw electricity and other utilities from the existing utilities on the Land or if necessary, install a meter from any utility company that will provide service to the Land (including a standby power generator for Lessee's exclusive use) and cost of such meter and of installation, maintenance and repair thereof will be paid by Lessee. Lessor will cooperate with Lessee in Lessee's efforts to obtain utilities from any location provided by Lessor or the servicing utility. (c) Lessee, Lessees employees, agents, subcontractors, lenders and invitees shall have access to the Premises without notice to Lessor twenty-four (24) hours a day, seven (7) days a week, at no charge. During the Term of the Agreement, Lessor grants to Lessee, and its agents, employees, contractors, guests and invitees, a non-exclusive right and easement for pedestrian and vehicular ingress and egress across that portion of the Land described in Exhibit B. (d) Lessor shall maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather conditions. Lessor shall be responsible for maintaining and repairing such roadways, at its expense, except for any damage caused by Lessee's use of such roadways. 7. INTERFERENCE. (a) Lessee shall construct, repair and operate the Lessee Facilities in such a manner thatwill not cause interterence to Lessor including, but not limited to, Lessor's re-broadcaster #or its fire, police and other public safety departments, and other lessees or licensees of the Land. All operations by Lessee shall be in compliance with all Federal Communications Commission (FCC") requirements and all applicable laws. (b) Subsequent to the installation of the Lessee Facilities, Lessor shall not permit itself, its lessees or licensees to install new equipment on the Land or property contiguous G:\CLIENTSUSB�SPRIN11Southern CalifomiaVSI�SN-45-XC-098(D)\PCS Communications.AGRMT.l.wpd April I1, 2001 Page 3 of 9 �...._. _�..M.,..,..._......�.� thereto owned or controlled by Lessor, if such equipment will cause interference with Lessee's operations. Such interference shall be deemed a material breach by Lessor. In the event interterence occurs, Lessor agrees to take all reasonable steps necessary to eliminate such interference, in a reasonable time period. Nofinrithstanding anything herein to the contrary, in the event Lessor fails to comply with this paragraph, Lessee's sole remedy is to terminate this Agreement. 8, Taxes. If personal property taxes are assessed, Lessee shall pay any portion of such taxes which are attributable to the Lessee Facilities. Except as provided immediately below, Lessor shall pay all real property taxes attributable to the Land. Lessee shall reimburse Lessor for any increases in real property taxes which are assessed as a result of Lessee's improvement to the Land. As a condition of Lessee's obligation to pay such increases, Lessor shall first provide to Lessee the documentation from the taxing authority indicating the increase is due to Lessee's improvements. 9. WAIVER OF LESSOR'S LIEN RIGHTS; SUBORDINATION/NON-DISTURBANCE. (a) Lessor waives any lien rights it may have conceming the Lessee Facilities which are deemed Lessee's personal property and not fixtures, and Lessee has the right to remove the same at any time without Lessor's consent. (b) Lessor acknowledges that Lessee has entered into a financing arrangement including promissory notes and financial and security agreements for the financing of the Lessee Facilities (the "Collateral") with a third party financing entity (and may in the future enter into additional financing arrangements with other financing entities). In connection therewith, Lessor (i) consents to the installation of the Collateral; (ii) disclaiming any interest in the Collateral, as fixtures or otherwise, and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings. 10. TERMINATION. This Agreement may be terminated on thirty (30) days prior written notice as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default, provided that the grace period for any monetary default is ten (10) days from receipt of notice; (ii) by Lessee if it does notobtain or maintain any license, permit or other approval necessary forthe construction and operation of the Lessee Facilities; or (iii) by Lessee if Lessee is unable to occupy and utilize the Premises due to an action of the FCC, including without limitation, a take back of channels or change in frequencies; or (v) by Lessee if Lessee determines that the Premises are not appropriate for its operations for economic or technological reasons, including, without limitation, signal interFerence. Should this Agreement be terminated pursuant to this Paragraph 10, Lessee shall pay the Rent due up to the effective date of termination. G:\CLIENTSUSB�SPRIN'I�Southem Califomia�.SN�SN-45-XC-098(D)�PCS Communications.AGRMT.I.wpd April 11, 2001 Page 4 of 9 11 . DESTRUCTION OR CONDEMNATION. If the Premises or Lessee Facilities are damaged, destroyed, condemned or transferred in lieu of condemnation, Lessee may elect to terminate this Agreement as of the date of such damage, destruction, condemnation or transfer in lieu of condemnation, by giving notice to Lessor no more than forty-five (45) days following the date of such damage, destruction, condemnation or transfer in lieu of condemnation. 12. INSURANCE. Lessee, at Lessee's sole cost and expense, shall procure and maintain on the Premises and on the Lessee Facilities, comprehensive or commercial general liability insurance, as well as automobile liability insurance, with a combined single limit of at least One Million Dollars ($1,000,000) per occurrence. Such insurance shall insure, on an occurrence basis, against all liability of Lessee, its officers, employees, agents, contractors, subcontractors, lenders and invites arising out of or in connection with Lessee's use of the Premises and pertormance hereunder, all as provided for herein. Lessor shall be named as an additional insured on Lessee's policy. Lessee shall also have in full force and effect during the term of the Agreement workers' compensation insurance in amounts required by law. Lessee shall provide to Lessor a certificate of insurance evidencing the coverage required by this paragraph prior to entering the Land. Each policy of insurance shall be endorsed to state that coverage shall not be suspended, canceled or reduced in coverage or in limits except after thirty (30) days prior written notice has been given to Lessor. 13 . ASSIGNMENT AND SUBLETTING. Lessee may assign this Agreement or sublet the Premises or any portion thereof to any entity, subject to Lessor's prior written consent and the assignee assuming all of Lessee's obligations herein. Under any such assignment or subletting, Lessee shall not be relieved of any future pertormance, liabilities, or obligations under this Agreement. Lessor may assign this Agreement upon written notice to Lessee, subject to the assignee assuming all of Lessor's obligations herein, including, but not limited to, those set forth in Paragraph 9 (°Waiver of Lessor's Lien") above. This Agreement shall run with the property and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives, heirs and permitted assigns. Notwithstanding anything to the contrary contained in this Agreement, Lessee may assign, mortgage, pledge, hypothecate or otherwise transfer without notice or consent its interest in this Agreement to any financing entity, or agent on behalf of �any financing entity to whom Lessee (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations underorwith respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. Notwithstanding the foregoing section, Lessee may assign this Agreement to its affiliates without Lessor's consent. "Affiliate" as used herein shall mean any entity that is directly or indirectly controlling, controlled by or under common control with Lessee or any party which acquires substantially all of the assets of Lessee. G:\CLIENTSUSBVSPRIN71Southem California�SI�SN-45-XC-098(D)�PCS Communications.AGRMT.I.wpd April 11, 2001 Page 5 of 9 14 . WARRANTY OF TiTLE AND QUIET ENJOYMENT. Lessor warrants that: (i) Lessor owns the Land in fee simple and has rights. of access thereof and the Land is free and clear of all liens, encumbrances and restrictions, except as disclosed by the public records: (ii) Lessor has full right to make and perform this Agreement; (iii) Lessor covenants and agrees with Lessee that upon Lessee paying the Rent and observing and pertorming all of the terms, covenant and conditions on Lessee's part to be observed and performed, Lessee may peacefully and quietly enjoy the Premises; (iv) the person(s) signing this Agreement has the authority to sign; and (v) except in emergencies, Lessor shall not have unsupervised access to the Premises or to the Lessee Facilities. 15 . REPAIRS. Lessee shall be required to make any repairs to the Premises or Land necessitated by reason of Lessee's action or inaction, including, but not limited to, Lessee's tests and/or Lessee's construction, use, operation and maintenance of the Lessee Facilities. Except as setforth in Paragraph 6(a) above, upon expiration ortermination hereof, Lessee shall restore the Premises to substantially the condition in which it existed upon execution hereof, reasonable wear and tear and damage by fire or other casualty loss. Lessor will maintain and repair all portions of the Lessor's structure(s) to which the Lessee Facilities are immediately attached or mounted, in proper operating and reasonably safe condition. 16. HAZARDOUS SUBSTANCES. Lessee agrees that it will not use, generate, store or dispose or permit the use, generation, storage or disposal of any Hazardous Material on, under, about or within the Land in violation of any law or regulations. To the best of Lessor's knowledge without investigation, Lessor represents, warrants, and agrees (1) that neither Lessor nor, to the best of Lessor's knowledge without investigation, any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material (defined below) on, under, about or within the Land in violation of any law or regulation, and (2) that Lessor will not, and will not permit any third party to use, generate, store or dispose of any Hazardous Material on, under, about or within the Land in violation of any law or regulation. Lessor and Lessee each agree to defend, indemnify and hold harmless the other and the other's partners, affiliates, agents and employees against any and all losses, liabilities, claims and/or costs (including reasonable attomeys' fees and costs) arising from any breach of any representation, warranty or agreement contained in this paragraph. As used in this paragraph, "Hazardous Material" shall mean petroleum or any petroleum product, asbestos, any substance known by the state in which the Land is located to cause cancer and/or reproductive toxicity, and/or any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state o� local law or regulation. This paragraph shall survive the termination of this Agreement. G:\CLIENTSUSB�SPRIN'I1Southem Califomia�SN�SN-45-XC-098(D)�PCS Communications.AGRMT.I.wpd April 11, 2001 Page 6 of 9 17 . LIABILITY AND INDEMNITY. (a) Lessee shall exonerate, hold harmless, indemnify, and defend Lessor and its directors, officers and employees from and against any and all suits, actions, judgments, legal or administrative proceedings, arbitrations, claims, demands, causes of action, damages, liabilities, interest, attorneys' fees, fines, penalties, losses, costs and expenses of whatsoever kind or nature (collectively, "Claims") to the extent caused by: 1) operations or pertormance under this Agreement by Lessee or its officers, directors, employees, contractors, subcontractors, lenders or agents, including, without limitation, the use, occupancy or enjoyment of the Premises by Lessee or any work, activity or other things allowed or suffered by Lessee or its directors, officer, employees, contractors, subcontractors, lenders or agents, invitees or lenders; or 2) any injury to or the death of any person or any damage to property, to the extent such injury, death or damage arises out of or is attributable to or results from the negligent acts or omissions or intentional misconduct of Lessee or its directors, officers, employees, contractors, subcontractors, lenders or agents, including, without limitation, the use, occupancy o� enjoyment of the Premises by Lessee or any work, activity or other things allowed or suffered by Lessee or its directors, officers, employees, contractors, subcontractors, lenders or agents on the Premises. This indemnity does not apply to any Claims arising from the negligence or intentional misconduct of the Lessor, its agents or employees. Neither the expiration or earlier termination of this Agreement nor completion of the acts to be performed under this Agreement shall release Lessee from its obligation to indemnify, as to any Claim, so long as the event upon which the Claim is predicated shall have occurred prior to the effective date of any such expiration or earlier termination or completion and arose out of or was in any way connected with performance or operations under this Agreement by Lessee, its directors, officers, employees, contractors, subcontractors, lenders or agents or any one of them. 18. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements conceming the subject matter contained herein. Any amendments to this Agreement must be in writing and executed by both parties. (b) ff any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (c) All of the terms and conditions of this Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. G:\CLIENTSUSB�SPRIN'I1Southem Califomia�SN�SN-45-XC-098(D)�PCS Communications.AGRMT.I.wpd April 11, 2001 Page 7 of 9 (d) Any notice or demand required to be given herein shall be made by certified or registered mail, retum receipt requested, or reliable overnight courier to the address of the respective parties set forth below. LESSOR: City Manager City of AROyo Grande P. O. Box 550 214 East Branch Street Arroyo Grande, CA 93421 LESSEE: Cox PCS Assets, L.L.C. 4683 Chabot Drive, Suite 100 Pleasanton, CA 94588 Attn: Property Specialist-San Luis Obispo County/SN-45-XC-098(D) With Copy to: Sprint Law Department 6391 Sprint Parkway Mailstop: KSOPHT0101-Z2020 Overland Park, KS 66251-2020 Attn: Sprint PCS Real Estate Attomey Lessor or Lessee may from time to time designate any other address for this purpose by written notice to the other party. All notices hereunder shall be deemed received upon actual receipt. (e) This Agreement shall be govemed by the laws of the State of Califomia. (fl Lessor acknowledges that a Memorandum of Agreement in the form annexed hereto as Exhibit C will be recorded by Lessee in the official records of the County where the Land is located. In the event the Land is encumbered by a mortgage or deed of trust, Lessor agrees to obtain and fumish to Lessee a non-disturbance and attomment instrument for each such mortgage or deed of trust. (g) Lessee, at its sole cost, may obtain title insurance on its interest in the Land, Lessor shall cooperate by executing documentation required by the title insurance company. (h) h any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Agreement, such party shall not unreasonably delay or withhold its approval or consent. (i) All Riders and Exhibits annexed hereto form material parts of this Agreement. (j) This Agreement may be executed in duplicate counterparts, each ofwhich shall be deemed as original. G:\CLIENTSUSB�SPRIN71Southem Califomia\STI�SN-45-XC-098(D)�PCS Communicallons.AGRMT.I.wpd April 11, 2001 Page 8 of 9 _._�..�._._.,�_�. _� �._ ,. _...,��__�.____.__... IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. LESSOR: CITY OF ARROYO GRANDE, LESSEE: COX PCS ASSETS, L.L.C., a a municipal corporation of the State of Delaware limited liability company California B y' By�— MICHAEL A. LADY, MByOP KELLY GAMBLE Regional Director of Site Development ATTEST: KELLY WETMORE, Director of Administrative Services/Dep. City Clerk APPROVED AS TO CONTENT: STEVEN ADAMS, City Manager APPROVED AS TO FORM: TIMOTHY J. CARMEL, City Attomey G:\CLIENTSUSB�SPRIN'I1Southem Califomia�.SN�SN-45-XC-098(D)�PCS Communications.AGRMT.I.wpd April 11, 2001 Page 9 of 9 EXHIBIT A � ., . ;,, to the Agreement dated , 2001, by and between CITY OF ARROYO GRANDE, a municipal corporation formed under the laws of the State of California, as Lessor, and COX PCS ASSETS, L.L.C., as Lessee. The Land is described or depicted as follows: [Legal Description Attached Consisting of 1 Page(s)] and otherwise known as APN: 077-061-016 in the County of San Luis Obispo, State of Califomia. APN: 077-061-016 8%HIBIT A '- - . DFSC[�IPTION: PARCI iL 1: THAT PORTION OF LOT 106 OF PARTS OF THE RANCHOS CORRAL DE PIEDRA, P1SM0 AND BOLSA DE CI��AMISAL, SUBDIVIDED BY IAS. T. STRATTON, C.E., SEPTEMBER 1873, iN THE CITY OF ARRO'YO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FO�.LOWS: BEGINNING AT A POINT IN LOT 106 OF THE SUBDMSION OF RANCHO CORRAL DE PIEDRA, SAID POINT OF BEGINNING BEING LOCATED AS FOLLOWS: BEGIIyN1NG AT THE MOST SOUTHERLY CORNER OF TRACT NO. 46 AS SHOWN ON MAP ENTTfLED "TRAC:T NO. 46, A SUBDiVISION OF A PART OF LOTS A, B, C, 22 AND 23 OF THE TOWN OF GROVER AND t� PART OF LOT 106 OF THE SUBDIVISION OF RANCHO CORRAL DE PIEDRA ETC." EILED FOR RECO�tD IN THE OFFICE OF THE COUNTY RECORDER OF SAN LUIS OBISPO COUNTY, CALIFORNIA, IN Mq P BOOK 5 AT PAGE 64, AI�fD RUNNING �HENCE NORTH 3 EAST, A DISTANCE OF 218.84 FEET; THENCE SOUTH 86°34'30" EAST, A DISTANCE OF 495.50 FEET TO THE TRUE POINT OF BEGINNIIVG; THENCE RUNNING FROM SAID TRUE POINT OF BEGINNING SOUTH 86 EAST, 400.00 FEET TO A POINT; THENCE NORTH 3°25'3Q" EAST, 200.00 FEET TO A POINT; THENCE NORTH 86°34';30" WEST, 400 FEET TO A POINT; THENCE SOUTH 3 WEST. 200.00 FEET TO THE TRUE POIN7' OF BEGINNING, CONTAINING 1.84 ACRES, MORE OR LESS, AND BEING A PORTION OF SAID LOT 1�)6 OF THE SUBDIVISION OF RANCHO CORRAL DE PIEDRA ETC. PARCj;L 2: EASEIyIENTS OVER THE FOLLOWING DESCRIBED REAL PROPERTY FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF ROADWAYS AND PIPE L1NES AND FOR ANY AND ALL OTHER PURP(;)SES NECESSARY AND INCIDENTAL TO THE MAINTENANCE. AND OPERATION OF A RESERVOIR ON THE HEREINBEFORE DESCRIBED REAL PROPERTY. SAID RIGHTS OF WAY TO COVE�2 AND EFFECT THE FOLLOWIIVG REAL PROPERTY SITUATED IN SAN LUIS OBISPO, STATE OF CqLIFORNIA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: A) BEGINNING AT A POINT ON THE EASTERLY LINE OF TRACT NO. 46, SAID POINT BEING LOCATED NORTH 3 EAST, A DISTANCE OF 218.84 FEET FROM THE MOST SOUTHERLY CORNER OF TRACT NO. 46 AS SHOWN ON MAP ENTITLED "TRACT NO. 46� A SUBDIVISION OF A PART OF LOTS A, B, C, 22 AND 23 OF THE TQWN OF GROVER AND A PART OF LOT 106 OF THE SUBDIVISION OF RANCHO CORRAL DE PIEDRA ETC." FII,ED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER OF SAN LUIS OBISPO COUNTY, STATE OF CALIFORNIA, IN MAP BOOK 5 AT PAGE 64, AND RUIVNING THENCE SOUTH 86 EAST, 495.50 FEET TO THE SOUTHWEST CORNER OF ABOVE DESCRIBED PROPERTY; THENCE NORTH 3°25'30" EAST. 20 FEET TO A POINT; THENCE NORTH 86°34'30" WEST, 464.64 FEET TO A POINT ON THE EASTERLY LINE OF SA1D TRACT IVO. 46; THENCE SOUTH 60°29' WEST, 36.78 FEET TO THE POINT OF BEGINNING. EXHIBIT B DESCRIPTION OF PREMISES to the Agreement dated , 2001, by and befinreen CITY OF ARROYO GRANDE, a municipal corporation formed under the laws of the State of California, as Lessor, and COX PCS ASSETS, L.L.C., as Lessee. The Premises are described and/or depicted as follows: [Site Description Attached Consisting of 2 Page(s)] Notes: 1. This Exhibit may be replaced by a land sunrey of the Premises once it is received by Lessee. 2. Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities. 3. Width of access road shall be the width required by the applicable govemmental authorities, including police and fire departments. __ _ _ _ __ -� � `���, E�IBIT B � `. � �', � , � `. . , , � , •, .� \ �, � �� � '� , f :� � , . , , ; � � � r �, �, ---.�. � � ,� � ,•� � � . �� �� t� � � ,� � \ � ; � �. �� , � � ,� . � I `. \ `. � � � �� �. . �' i �� �� �� � i � \ � � � I ' `� a �� � � � A � I j ���� �� I 1 I 1 �� `� � ; �\` ,\ �\` _ ' 1 \ \ I 1 � `�� \ \� ��� �' � � ` \ 1 � � �� \\\ 1 � � ' �` ,\ �` ' a w �. •, , � '�, `, �.� � �� � „ � I' ���� '. �� \ �� �, ', �� I � ��. ; ,1 r� . .�i � � � � i � I; ,��� � �� f ' `�'' . ..., h ---- F � .... . Iy��'� � �� , � ;� � ; � f �;; ��,� ; � '��, : � r; ��'., � ; k,� )1; : '�� ` �`�:.�y' �' �. � , � , • l'� � .' /\ �r � � � � � li � , ' �i��i ,� � � _�� R � � ��,� ��� I � P �� � :� , z F� �•� � � � 1 � �H ll ~ ��� I � 0 � O 2 Z G) 0 ; w \ a �� a ��n '� � ss "a- �� �� �� � s �� � � � Y � ;'* i i, 1 .r r , � . .r n \� J ; ❑ :u �i i.C. � . ' - u� , : � i• : � � i ' �' , �y: ����' p ` \'' , �, �' . � i ' .� �� � \.i :i `� ���T ' . � � .' � � ``� :� �' .� ` . i t . � � � ' 'I . � ���•( �:�a! � 4 1 .���, `��` , � . 1 ,1 � 1 ' � i ' �� f i � � � r ! ' i i . �� .j� � '� �. i ., . � � ��,x:� �� ., . � ,,_ .:�. -.. . ;��; .r : -�� . :;: ;� � -� �a�� � / . r �'�,� \ � :'\ � i . i � - ' � I�; : � . . . i �, . i • � • - . • ��;��- � � ``� �'�� •., � � gw � �'� Z� f� N $�� P � � O 1' +� � � ' I ,, ' • � , �� j ��� .� 1 '� ' ' � ! 1; � �� �� i � � a s a �� a EXHIBIT C FORM OF MEMORANDUM OF AGREEMENT To the Agreement dated , 2001, by and between CITY OF ARROYO GRANDE, a municipal corporation formed under the laws of the State of Califomia, as Lessor, and COX PCS ASSETS, LLC, as Lessee. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Sprint Spectrum L.P. 4683 Chabot Drive, Suite 100 Pleasanton, CA 94588 Attn: Property Specialist - San Luis Obispo County/SN-45-XC-098(D) SPACE ABOVE THIS UNE FOR RECORDER'S USE � • i• � • i__ _ \ THIS MEMORANDUM OF AGREEMENT is made and entered into as of , 2001, by and befinreen CITY OF ARROYO GRANDE, a municipal corporation of the State of Califomia ("Lessor") and COX PCS ASSETS, L.L.C., a Delaware limited liability company ("Lessee"). WITNESSETH: That Lessor hereby leases to Lessee and Lessee hereby leases from Lessor a portion of that certain real property (the "Property") in the State of Califomia, County of San Luis Obispo (APN: 007-611-016), a legal description of which is shown in Exhibit A attached hereto and incorporated herein by reference, under the terms and conditions of the unrecorded Communications Site Lease Agreement by and between Lessor and Lessee dated , 2001 and incorporated herein by reference (the "Agreement") for an initial term of five (5) years, and three (3) subsequent optional extension terms of five (5) years each, pursuant to the terms of the Agreement. The Agreement provides for grant of an easement for rights of access to the Property and to electrical and telephone facilities serving the Property. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first above written. Lessee: COX PCS ASSETS, L.L.C., a Delaware limited liability company By:. Lessor: CITY OF ARROYO GRANDE, a municipal corporation By: Kelly Gamble Its: Regional Director of Site Development Michael A. Lady Its: Mayor ACKNOWLEDGMENTS ATTACHED STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On this _ day of , 2001, before me, , a Notary Public in and for said State and County, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal Notary Public in and for said State and County STATE OF CALIFORNIA ) ) ss. COUNTY OF ) O n this _ day of , 2001, before me, , a Notary Public in and for said State and County, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal Notary Public in and for said State and County EXHIBIT A TO MEMORANDUM OFAGREEMENT LEGAL DESCRIPTION OF LESSOR'S PROPERTY Cox Site Name: Arrovo Grande Reservoir #2 Site Number: SN-45-XC-098(D) Description of Lessor's Property: The real property situated in the County of San Luis Obispo, State of Califomia (APN: 077-061-016), and particularly described as follows: [Legal Description Attached Consisting of 2 Page(s)] Lessor Initials Lessee Initials E%HIBIT A DESCRiF�TION: PARCEI� t : THAT P(►RTION OF LOT 106 OI' PARTS OP TFIE RANCHOS CORRAL DE PIEDRA, PISMO AND BOI.SA DE CHAMISAL, SUBDIVIDED BY ]AS. T. STRATTON, C.E_, SEP1'EMBER 1873, 1N THE CITY OF ARROY(� GRANA6, COUNTY OF SAN LUIS OBiSPO, STATE OF CALIFORfYIA, qCCORDING TO MAP FiLfiD r(JR RECOYtD IN THE OFFICE OF 'THL COUNTY RECOI2DL-R aF SAID COUNTY, DESCRIBED AS FOLI,OWS: BEGINN��NG AT A POIN7 IN LOT 106 OF THB SUBDIVISION OI= RANCHO CORRAL DE PIEDRA; SAID POINT C�F BEGiNN1NG BEING LOCATED AS FOLLOWS: BEGINN�NG AT 7'H� MOST SOUTkI�RLY COItNER OF TRACT NO_ 46 AS SHOWN ON MAP ENTI?LED "TRACT NO. 4G, A SUBD�VISION OF A PART OF LOTS A, B, C, 22 AND 23 OF THE TOWN OF GROVER nND A rrART OF LOT I06 OF THE SUBDIVISlON Or RANCFIO CORRAL DE PIEDRA ETC.' FrLEb FOR R�CORL� IN TH.� OFFICE OF TtiE COUNTY RECORDER OF SAN LUIS OBISPO COUNTY� CALIFORNIA� IN MAl' �300K S A'f PAGL• 64, AND RUNN[NG THENCE NORT[i 3°22'30" EAS�', A DISTANCE OF 218.84 FEET; T[iENCE SOUTH 86°34'3U" EAST, A DISTANCE OF 495_50 FEET TO THE TRUE POINT OF BEGINN�NG; THENCE 1tUNNING FROM SAID TRUE POINT OF BEGINNING SOU'TT� 86°34'30' EAST, 400.00 F�'sET TO A POJNT: THENCE NORTFI 3°25'30' EAST, 200.00 FEET TO A POINT; THL-NCE NORTIi 86°3a�3q" WEST, a00 rLET TO A POJ.N'r: rHENCE SOUTH 3°25'30" WEST, 200.00 FEET �O 7�EtE TRUE POINT C��F BEGiNNING. CONTAINING 1.84 ACRES, MORE OR LESS, AND BEING A PORTION OF SAID LOT 106 Or 1'HL- SUBDIVISION OF RANCHO CORI2AL D� PIEDRA ETC. PARCEL 2: EASEMFTVTS OVER TI3E FOLLOWING DCSCRIBED REAL PROP.�RTY FOR THE CONSTRUCTION, OPERAT ION AND MAINTENANCE OF ROADWAYS AND PIPfi L1NES AND 1=0R ANY AND ALL OTHER PURPOS�S NECESSARY ANA INCIDFNTAL TO TI�E MAINTENANCE. AND OPERATION OF A RBSERV�IR ON THE H£1tEINBEFORE DESCRIHED REAL PROPEttTY. SAID RIGHTS OF WAY TO COV�R AND EFFECT THE FOLLOWING REAL PROPERTY SITUATED IN SAN LUIS OBISPO, STATE OF CAL,�FORNIA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO W'lT: A) �3EGINNING AT A PO1N'1 ON TFIE EASTERI.Y LINE OF TRACT N0. 46 , SAID PO1NT BEING �,OCA7ED NORTH 3°2Z'30' EAST, A DISTANCE OF 218.84 FEET FROM THE MOST :�OUTHERLY CORNER OF TRACT NO. 46 AS SHOWN ON MAP ENTITLED "TRACT NO. 46, A :�UBDIVISION OF A PART OF LOTS A, B, C. 22 ANll 23 OF THE TOWN OF GROVER AND A �'ART OF LOT 106 OF x'HE SUBDIVISION OF RANCIIO CORRAL DE PIEDRA EfC.'�F1LED FOR �t�CORD 1N THfi OFFICE OF THE COUNTY RECORDER OF SAN LUIS OBISPO COUNTY� STATE �, )F CALIFORNIA, IN MAP BOOK S AT PAGE G4, AND RUNNING THENCE SOUTH 86'34'30' ,iAST, 495.50 FEET TO THC SOUTHW�ST CORN�R OF ABOVE DESCR[BED PROPERTY; I-1LNCE NORTIi 3°25'30" EAST. 2() �EET TO A POINT; THEIVCE NORTH 86°34'30" WEST, � 64.64 FEET TO A POIIVT ON THL- EASTERLY LINL OF SAID TRACT NO. 46; THENCZ SOUTH i.:A°29' WLST, 36.'I8 FL-L•T TO THE POINT OF BEGxNNING. (CONTiTfUF.D N�XT PAGE) B) L�EGiNNJNG AT A POINT I.N LOT 106 OF THE SUBDIVISION OF RANCI-CO CORRAL llE PIEDRA, �yAtU PO1NT BEGiNN1NG BL'1NG LOCATED AS FOLLOWS: F;EGINNING AT THE MOST SOUTI�ERLY C01tN�R OF TRaCT NO. a6 aS SHOwN ON MAP F.NTITLED 'TRACT NO. 46, A SUBDIVISION OF A f'ART OF LOTS A, B, C, 22 AND 23 OF THE '�'OWN Or GROVER /�ND A PART OF LOT 106 OF TJiE SUBDIVISION OF R.ANCHO CORRAL DE F�IEI�RA. ETC_', FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER Of SAN I.UIS O�1SP0 COUNTY, STATE aF CAUFO1tNIA. IN MAP [300K S AT PAOE 64, AND RUNNING '�'HENCE NORTH 3°22'30" EAST, A UISTANCE ON 218.84 FEET'; TH�NCE SOUTH 86°34'30" T;AS'C, A DISTANCE OF 895.50 FFET TO THE TRUE POINT Or IIEGINNING; THENCE FROM :�AID TRUE POiNT Or BEGINNING SOUTH 86°34'30" L'AST, 100.00 FEETTO A POtNT; THENCE 1JORTH 3°25'30" EAST, 20.00 FEET TO A POINT; THENC� NORTH 8G°34'30' WEST, 100.00 1�EET TO A POINT; THENCE SOUTH 3°25'30' WES'f, 20.00 FE�T TO THB ?RUE POINT Or ltEGiNNING AND IIEJ.NG A PART OF LOT 106 OF SAIA SUBDIVISION OF RANCIiO CORRAL 1)E PIEDRA �"t'C. � �._.. �...�.� �..��, .._.... Attachment 2 COMMUNICATIONS SITE LEASE AGREEMENT (GROUND) This Communications Site LeaseAgreement (Ground) ("Agreement") is entered intothis day of , 2001, befinreen COX PCS ASSETS, LLC, a Delaware limited liability company ("Lessee"), and CITY OF ARROYO GRANDE, a municipal corporation formed under the laws of the State of Califomia ("Lessor"). For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. PREMISES. Lessor is the owner of a parcel of land (the "Land") located in the City of Arroyo Grande, County of San Luis Obispo, State of California, commonly known as Reservoir 4. The Land is more particularly described in Exhibit A annexed hereto. Lessor hereby leases to Lessee and Lessee leases from Lessor, approximately 12' x 24' square feet of the Land and all access and utility easements, if any, (the °Premises") described in Exhibit B annexed hereto. 2. USE. The Premises may be used by Lessee for reasonable activities in connection with the provision of communications services. Lessee shall, at Lessee's sole cost and expense, make application for and obtain all licenses, permits and any and all other necessary approvals that may be required for Lessee `s intended use of the Premises. Lessee is aware that Lessee must obtain a conditional use permitfrom the City ofArroyo Grande and comply with conditions imposed thereon as a condition precedent to occupancy of the Premises. 3. TESTS AND CONSTRUCTION. Lessee shall have the right at any time, following the full execution of this Agreement, to enter upon the Land for the purposes of making appropriate engineering and boundary surveys, inspections, soil test borings, structural strength analysis, and other reasonably necessary tests (collectively, "Tests°). Lessee shall comply with the repair provisions af Paragraph 15 below during and after all Tests and related work. 4. Tewin. The term of this Agreement shall be five (5) years commencing on the date Lessee obtains a conditional use permit as specified in Paragraph 2 above ("Commencement Date°) and terminating on the fifth anniversary of the Commencement Date (the "Term") unless othervvise terminated as provided in Paragraph 10. Lessee shall have the right to extend the Term for three (3) successive five (5) year periods (The °Renewal Terms") on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive Renewal Term unless Lessee notifies Lessor of its intention not to renew prior to commencement of the succeeding Renewal Term. G:\CLIENTSUSB�.SPRIN71Southem Califomia\SI�SN-45-XC-070(E)\Cox PCS Communications.AGRMT3.wpd April 11, 2001 Page 1 of 9 5. RENT. (a) Withinfifteen (15) business days ofthe Commencement Date, and on thefirstday of each month thereafter, Lessee shall pay to Lessor as rent Fifteen Hundred Dollars ($1,500.00) per month ("RenY'). Rent for any fractional month at the beginning or at the end of the Term or Renewal Term shall be prorated. Rent shall be payable to Lessor at City of Arroyo Grande, P.O. Box 550, 214 East Branch Street, Arroyo Grande, CA 93421; Attention: Financial Services Director. (b) Rent shall be increased on each anniversary of the Commencement Date by an amount equal to finro and six tenths percent (2.6%) of the Rent for the previous year during the initial Term and all Renewal Terms. (c) Rent payments made after the fifteenth (15t") day of any month will be considered delinquent, and shall accn.�e interest at the rate of ten percent (10%) per annum on that delinquent amount until Lessee's account is paid to current. If the fifteenth (15 day of the month is on a Saturday, Sunday or holiday, then Lessee has until the next business day for the payment to be received by Lessor. (d) Within thirty (30) days of the full execution of this Agreement, Lessee shall pay to Lessor as additional consideration a one time administrative fee of One Thousand Dollars ($1,000.00) for City transactional costs associated with preparation and processing of this Agreement. 6. FACILITIES; UTILITIES; ACCESS. (a) Subject to the terms and conditions herein, Lessee has the right to erect, maintain, install, remove, replace, modify and operate on the Premises radio communications facilities, including utility lines, transmission lines, air conditioned equipment shelter(s), electronic equipment, cable, wiring, fixtures, radio transmitting and receiving antennas, supporting equipment, back-up power sources (including generators and fuel storage tanks) and structures thereto ("Lessee Facilities"). In connection therewith, Lessee has the right to do all work necessary to prepare, maintain and alter the Premises for Lessee's business operations and to install transmission lines connecting the antennas to the transmitters and receivers. All of Lessee's construction and installation work shall be pertormed at Lessee's sole cost and expense and in a good workmanlike manner. Except as otherwise specifled herein, title to the Lessee Facilities shall be held by Lessee. All of the Lessee Facilities shall remain Lessee's personal property and are not fixtures. Lessee shall remove all the Lessee Facilities at its sole expense on or before the expiration or earlier termination of this Agreement; provided, Lessee repairs any damage to the Premises caused by such removal. Should Lessee fail to remove the Lessee Facilities from the Land within thirty (30) days of the expiration or earlier termination of this Agreement, Lessor may remove and store the Lessee Facilities at Lessee's sole cost and expense. If Lessee does not claim the Lessee Facilities, and provided that Lessor has given Lessee any third party financing entity sixty (60) days prior written notice, the Lessee Facilities shall be deemed abandoned. Lessee shall post a Twenty- G:\CLIENTSUSB\SPRIN71Southem Califomia\SN�SN-45-XC-070(E)\Cox PCS Communications.AGRMT3.wpd April 11, 2001 Page 2 of 9 Five Thousand Dollars ($25,000) surety bond for removal of the Lessee Facilities. The aforementioned surety bond shall be in effect for the initial five (5) year term and all renewal terms of this Agreement. Lessee agrees to increase the amount of the bond for each RenewalTerm in the same proportion that rent increases in said Renewal Term. Lessee may, replace, substitute, upgrade and expand its equipment, cables and antennas which comprise the Lessee Facilities for the purpose of repairing, replacing, exchanging or upgrading the communications capabilities of the Lessee Facilities, with prior notice to Lessor, but without the requirement of prior approval, so long as equipment, cables or antennas remain within the original physical parameters of the Premises. However, should Lessee desire to expand or improve any of Lessor's existing structures or facilities located on the Land outside of the Premises, it shall obtain Lessor's prior written consent. Any such expansion or improvement of Lessor's existing structures orfacilities shall be deemed a part of Lessor's property, subject to Lessee's right of use of the expansion or improvement during the term of this Agreement. (b) Lessee shall pay for the electrieity and all other utility services it consumes or uses in its operations, and any electrical upgrade, if necessary, shall be at Lessee `s sole cost and expense. Lessee shall have the right to draw electricity and other utilities from the existing utilities on the Land or if necessary, install a meter from any utility company that will provide service to the Land (including a standby power generator for Lessee's exclusive use) and cost of such meter and of installation, maintenance and repair thereof will be paid by Lessee. Lessor will cooperate with Lessee in Lessee's efforts to obtain utilities from any location provided by Lessor or the servicing utility. (c) Lessee, Lessees employees, agents, subcontractors, lenders and invitees shall have access to the Premises without notice to Lessor finrenty-four (24) hours a day, seven (7) days a week, at no charge. During the Term of the Agreement, Lessor grants to Lessee, and its agents, employees, contractors, guests and invitees, a non-exclusive right and easement for pedestrian and vehicular ingress and egress across that portion of the Land described in Exhibit B. (d) Lessor shall maintain alt access roadways from the nearest public roadway to the Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather conditions. Lessor shall be responsible for maintaining and repairing such roadways, at its expense, except for any damage caused by Lessee's use of such roadways. 7. INTERFERENCE. (a) Lessee shall construct, repair and operate the Lessee Facilities in such a manner thatwill not cause interFerence to Lessor including, but not limited to, Lessor's re-broadcaster for its fire, police and other public safety departments, and other lessees or licensees of the Land. All operations by Lessee shall be in compliance with all Federal Communications Commission (FCC") requirements and all applicable laws. (b) Subsequent to the installation of the Lessee Facilities, Lessor shall not permit itself, its lessees or licensees to install new equipment on the Land or property contiguous G:\CLIENTSVSBGSPRIN71Southem California\SN�SN-45-XC-070(E)\Cox PCS Communications.AGRMT3.wpd Aprit 11, 2001 Page 3 of 9 thereto owned or controlled by Lessor, ifsuch equipmentwill cause interterence with Lessee's operations. Such interterence shall be deemed a material breach by Lessor. In the event interterence occurs, Lessor agrees to take� all reasonable steps necessary to eliminate such interference, in a reasonable time period. Nofinrithstanding anything herein to the contrary, in the event Lessorfails to comply with this paragraph, Lessee's sole remedy is to terminate this Agreement. 8. TaxES. IF personat property taxes are assessed, Lessee shall pay any portion of such taxes which are attributable to the Lessee Facilities. Except as provided immediately below, Lessor shall pay all real property taxes attributable to the Land. Lessee shall reimburse Lessor for any increases in real property taxes which are assessed as a result of Lessee's improvement to the Land. As a condition of Lessee's obligation to pay such increases, Lessor shall first provide to Lessee the documentation from the taxing authority indicating the increase is due to Lessee's improvements. 9. WAIVER OF LESSOR'S LIEN RIGHTS; SUBORDINATION/NON-DISTURBANCE. (a) Lessor waives any lien rights it may have conceming the Lessee Facilities which are deemed Lessee's personal property and not fixtures, and Lessee has the right to remove the same at any time without Lessor's consent. (b) Lessor acknowledges that Lessee has entered into a financing arrangement including promissory notes and financial and security agreements for the financing of the Lessee Facilities (the "Collateral") with a third party financing entity (and may in the future enter into additionalfinancing arrangements with otherfinancing entities). In connection therewith, Lessor (i) consents to the installation of the Collateral; (ii) disclaiming any interest in the Collateral, as fixtures or otherwise, and (iii) agrees that the Collateral shall be exempt ftom execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings. 10. TERMINATION. This Agreement may be terminated on thirty (30) days prior written notice as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default, provided that the grace period for any monetary default is ten (10) days from receipt of notice; (ii) by Lessee if it does notobtain or maintain any license, permit or other approval necessary for the construction and operation of the Lessee Facilities; or (iii) by Lessee if Lessee is unable to occupy and utilize the Premises due to an action of the FCC, including without limitation, a take back of channels or change in frequencies; or (v) by Lessee if Lessee determines that the Premises are not appropriate for its operations for economic or technological reasons, including, without limitation, signal interference. Should this Agreement be terminated pursuant to this Paragraph 10, Lessee shall pay the Rent due up to the effective date of termination. G:\CLIENTSUSB�SPRIN71Southem Califomia\SN�SN-45-XC-070(E)\Cox PCS Communications.AGRMT.3.wpd April 11, 2001 Page 4 of 9 11 . DESTRUCTION OR CONDEMNATION. Ifthe Premises or Lessee Facilities are damaged, destroyed, condemned ortransferred in lieu ofcondemnation, Lessee may elect to terminate this Agreement as of the date of such damage, destruction, condemnation or transfer in lieu of condemnation, by giving notice to Lessor no more than forty-five (45) days following the date of such damage, destruction, condemnation or transfer in lieu of condemnation. 12. INSURANCE. Lessee, at Lessee's sole cost and expense, shall procure and maintain on the Premises and on the Lessee Facilities, comprehensive or commercial general liability insurance, as well as automobile liability insurance, with a combined single limit of at least One Million Dollars ($1,000,000) per occurrence. Such insurance shall insure, on an occurrence basis, against all liability of Lessee, its officers, employees, agents, contractors, subcontractors, lenders and invites arising out of or in connection with Lessee's use of the Premises and performance hereunder, all as provided for herein. Lessor shall be named as an additional insu�ed on Lessee's policy. Lessee shall also have in full force and effect during the term of the Agreement workers' compensation insurance in amounts required by law. Lessee shall provide to Lessor a certificate of insurance evidencing the coverage required by this paragraph prior to entering the Land. Each policy of insurance shall be endorsed to state that coverage shall not be suspended, canceled or reduced in coverage or in limits except after thirty (30) days prior written notice has been given to Lessor. 13 . ASSIGNMENT AND SUBLETTING. Lessee may assign this Agreement or sublet the Premises or any portion thereof to any entity, subject to Lessor's prior written consent and the assignee assuming all of Lessee's obligations herein. Under any such assignment or subletting, Lessee shall not be relieved of any future pertormance, liabilities, or obligations under this Agreement. Lessor may assign this Agreement upon written notice to Lessee, subject to the assignee assuming all of Lessor's obligations herein, including, but not limited to, those set forth in Paragraph 9 ("Waiver of Lessor's Lien") above. This Agreement shall run with the property and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives, heirs and permitted assigns. Notwithstanding anything to the contrary contained in this Agreement, Lessee may assign, mortgage, pledge, hypothecate or otherwise transfer without notice or consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Lessee (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations underorwith respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. Nofinrithstanding the foregoing section, Lessee may assign this Agreement to its affiliates without Lessor's consent. "Affiliate" as used herein shall mean any entity that is directly or indirectly controlling, controlled by or under common control with Lessee or any party which acquires substantially all of the assets of Lessee. G:\CLIENTSUSBGSPRINT�Southem California\SN�SN-45-XC-070(E)\Cox PCS Communications.AGRMT3.wpd Aprit 11, 2001 Page 5 of 9 14 . WARRANTY OF TITLE AND QUIET ENJOYMENT. Lessor warrants that: (i) Lessor owns the Land in fee simple and has rights of access thereof and the Land is free and clear of all liens, encumbrances and restrictions, except as disclosed by the public records: (ii) Lessor has full right to make and perform this Agreement; (iii) Lessor covenants and agrees with Lessee that upon Lessee paying the Rent and observing and performing all of the terms, covenant and conditions on Lessee's part to be observed and performed, Lessee may peacefully and quietly enjoy the Premises; (iv) the person(s) signing this Agreement has the authority to sign; and (v) except in emergencies, Lessor shall not have unsupervised access to the Premises or to the Lessee Facilities. 15 . REPAIRS. Lessee shall be required to make any repairs to the Premises or Land necessitated by reason of Lessee's action or inaction, including, but not limited to, Lessee's tests and/or Lessee's construction, use, operation and maintenance of the Lessee Facilities. Except as setforth in Paragraph 6(a) above, upon expiration or termination hereof, Lessee shall restore the Premises to substantially the condition in which it existed upon execution hereof, reasonable wear and tear and damage by fire or other casualty loss. Lessorwill maintain and repair all portions of the Lessor's structure(s) to which the Lessee Facilities are immediately attached or mounted, in proper operating and reasonably safe condition. 'I6. HAZARDOUS SUBSTANCES. Lessee agrees that it will not use, generate, store or dispose or permit the use, generation, storage or disposal of any Hazardous Material on, under, about or within the Land in violation of any law or regulations. To the best of Lessor's knowledge without investigation, Lessor represents, warrants, and agrees (1) that neither Lessor nor, to the best of Lessor's knowledge without investigation, any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material (defined below) on, under, about or within the Land in violation of any law or regulation, and (2) that Lessor will not, and will not permit any third party to use, generate, store or dispose of any Hazardous Material on, under, about or within the Land in violation of any law or regulation. Lessor and Lessee each agree to defend, indemnify and hold harmless the other and the other's partners, affiliates, agents and employees against any and all losses, liabilities, claims and/or costs (including reasonable attorneys' fees and costs) arising from any breach of any representation, warranty or agreement contained in this paragraph. As used in this paragraph, "Hazardous Material" shall mean petroleum or any petroleum product, asbestos, any substance known by the state in which the Land is located to cause cancer and/or reproductive toxicity, and/or any substance, chemical orwaste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. This paragraph shall survive the termination of this Agreement. G:\CLIENTSUSB\SPRINT�Southem Califomia\SIV�SN-45-XC-070(E)\Cox PCS Communications.AGRMT3.wpd April 11, 2001 Page 6 of 9 17. LIABILITY AND INDEMNITY. (a) Lessee shall exonerate, hold haRnless, indemnify, and defend Lessor and its directors, officers and employees from and against any and all suits, actions, judgments, legal or administrative proceedings, arbitrations, claims, demands, causes of action, damages, liabilities, interest, attorneys' fees, fines, penalties, losses, costs and expenses of whatsoever kind or nature (collectively, "Claims") to the extent caused by: 1) operations or pertormance under this Agreement by Lessee or its officers, directors, employees, contractors, subcontractors, lenders or agents, including, without limitation, the use, occupancy or enjoyment of the Premises by Lessee or any work, activity or other things allowed or suffered by Lessee or its directors, officer, employees, contractors, subcontractors, lenders or agents, invitees or lenders; or 2) any injury to or the death of any person or any damage to property, to the extent such injury, death or damage arises out of or is attributable to or results from the negligent acts or omissions or intentional misconduct of Lessee or its directors, officers, employees, contractors, subcontractors, lenders or agents, including, without limitation, the use, occupancy or enjoyment of the Premises by Lessee or any work, activity or other things allowed or suffered by Lessee or its directors, officers, employees, contractors, subcontractors, lenders or agents on the Premises. This indemnity does not apply to any Claims arising from the negligence or intentional misconduct of the Lessor, its agents or employees. Neither the expiration or earlier termination of this Agreement nor completion of the acts to be performed under this Agreement shall release Lessee from its obligation to indemnify, as to any Claim, so long as the event upon which the Claim is predicated shall have occurred prior to the effective date of any such expiration or earlier termination or completion and arose out of or was in any way connected with performance or operations under this Agreement by Lessee, its directors, officers, employees, contractors, subcontractors, lenders or agents or any one of them. 18. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement and understanding befinreen the parties, and supersedes all offers, negotiations and other agreements conceming the subject matter contained herein. Any amendments to this Agreement must be in writing and executed by both parties. (b) IFany provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (c) All of the terms and conditions of this Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. G:\CLIENTSUSB�SPRINT�Southem Califomia\SN�SN-45-XC-070(E)\Cox PCS Communications.AGRMT.3.wpd April 11, 2001 Page 7 of 9 (d) Any notice or demand required to be given herein shall be made by certified or registered mail, retum receipt requested, or reliable overnight courier to the address of the respective parties set forth below. LESSOR: City Manager City of Arroyo G�ande P. O. Box 550 214 East Branch Street Arroyo Grande, CA 93421 LESSEE: Cox PCS Assets, L.L.C. 4683 Chabot Drive, Suite 100 Pleasanton, CA 94588 Attn: Property Specialist-San Luis Obispo County/SN-45-XC-070(E) With Copy to: Sprint Law Department 6391 Sprint Parkway Mailstop: KSOPHT0101-Z2020 Overland Park, KS 66251-2020 Attn: Sprint PCS Real Estate Attomey Lessor or Lessee may from time to time designate any other address for this purpose by written notice to the other party. All notices hereunder shall be deemed received upon actual receipt. (e) This Agreement shall be governed by the laws of the State of Califomia. (fl Lessor acknowledges that a Memorandum of Agreement in the form annexed hereto as Exhibit C will be recorded by Lessee in the official records of the County where the Land is located. In the event the Land is encumbered by a mortgage or deed of trust, Lessor agrees to obtain and fumish to Lessee a non-disturbance and attomment instrument for each such mortgage or deed of trust. (g) Lessee, at its sole cost, may obtain title insurance on its interest in the Land, Lessor shall cooperate by executing documentation required by the title insurance company. (h) h any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Agreement, such party shall not unreasonably delay or withhold its approval or consent. (i) All Riders and Exhibits annexed hereto form material parts of this Agreement. (j) This Agreement may be executed in duplicate counterparts, each ofwhich shall be deemed as original. G:\CLIENTSUSB\SPRIN71Southern Califomia\SN�SN-45-XC-070(E)\Cox PCS Communications.AGRMT3.wpd April 11, 2001 Page 8 of 9 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. LESSOR: CITY OF ARROYO GRANDE, LESSEE: COX PCS ASSETS, L.L.C., a a municipal corporation of the State of Delaware limited liability company California By: g MICHAEL A. LADY Mayor KELLY GAMBLE Regional Director of Site Development ATTEST: KELLY WETMORE Director of Administrative Services/Dep. City Clerk APPROVED AS TO CONTENT: STEVEN ADAMS, City Manager APPROVED AS TO FORM: TIMOTHY J. CARMEL, City Attorney G:\CLIENTSUSB\SPRIN'[1Southern Califomia\SN�SN-45-XC-070(E)\Cox PCS Communications.AGRMT3.wpd April 11, 2001 Page 9 of 9 EXHIBITA DESCRIPTION OF LAND to the Agreement dated , 2001, by and befinreen CITY OF ARROYO GRANDE, a municipal corporation formed under the laws of the State of California, as Lessor, and COX PCS ASSETS, L.L.C., as Lessee. The Land is described or depicted as follows: [Legal Description Attached Consisting of 1 Page(s)] and otherwise known as APN: 007-611-016 in the County of San Luis Obispo, State of California. APN: 007-611-016 E%N.�BIT A DESCRII'TION: THAT Pt )R'TION OF LOT 92 OI= TI3E MAP OF THE RANCHOS CORRAL DE PZEDRA�AiSMO AND BOISA D.E CHEMISAL, IN TH� C1TY OF ARROYO GRAND�, COUNTY OF SAN LUIS ODISPO� STATE Or CALIrO�LNIA, AS PER MAP FILED INT BOOK A, PAGE 65 OF MAPS, IN 'fHE OFFICE OF TH� COUNTY RECORI�ER OF SAID COUNTY, DESCRIBED AS FOLLOws: BEGINN�NG AT THE MOST SOUTHERLY CORNLR OF THE LAND DESCRIBED IN THE DEED TO AMASA �W, DIXSON RECORDED IN BOOK 15� PAGE 302 OF DEEDS� RBCORDS OF SATD COUN?Y. MARK •) BY A POST SET BY A F. PARSONS tN FEBRUARY 1892, P�tESENTT,Y MARKED BY AN 1 1/4 iNCH D AMETER P1PE TAGGED RC� 6923 AS SHOWN ON THE MAP rILED IN IIOOK 8, PAGE 120 OF RL•COR ► OF SURVEYS IN SAID COUNTY RECORDERS OFFICE. TH�NCI i NORTH 54° EAST 664.00 FFET TO A POINT, FROM WHICH THE MOST EASfERLY CORNER OF SA1�j LAIYD OF DIXSON BL-ARS NORTH 54° EAST 537.30 FEET, MORE OR LESS, MARKED BY A POST EyTABLISHED BY A.F. PARSONS, IN FEBRUARY, 1892, PRESENTLY MARKED AN OLD FENCE CORNEI,[, SAiD POINT BEING THE TRUE PO1NT Or BEGINNING. THENCIi AT R(GHT ANGL�S SOUTH 36° EAST 240.00 PELT TO A POINT. THENCIi A'T RIGHT ANGLLS NORTH 54° EAST 2�2.00 FELT TO A POINT. THBIVCIi AT RCGHT qNGLL•S NORTH 36° WEST 240.00 FLET TO A POINT. THENCIi SOUTH 54° EAST 272.00 FEET 7'O THE TRl1� PO1NT Or �3�GINNING. EXHIBIT B � ; • • • • � �, to the Agreement dated , 2001, by and between CITY OF ARROYO GRANDE, a municipal corporation formed under the laws of the State of California, as Lessor, and COX PCS ASSETS, L.L.C., as Lessee. The Premises are described and/or depicted as follows: [Site Description Attached Consisting of 2 Page(s)] Notes: This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee. 2. Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities. 3. Width of access road shall be the width required by the applicable govemmental authorities, including police and fire departments. E� � '� � i v.� r. N'�.r Y � C�� E R 2ya � � i ��� d �� d �� � �� o � � ✓ • � q �'.��` � � � a�; � �\�. ��\` � i �� � 9 ��� Q � ``� � � �� Rs �' �~ � � rn � n' � T f e � Z � S m L N D�p : ��� ' `; �� p � �;`�y _ 1i #�� z � � � s� �� i �°� �ii ~ � i �� �'! ��''I°� f ,��� i � �z �! �� �i� O � OV � ° z_ z � \ N � 0 r; ��� N � �fl �� �; � �t� 8 8r�� � � �� L �� n � �3$ s� �� ��� . g �. � rB � " �� � � '�.-�. � � `�-�� a� ���� _� � , �.. --� s' � � v ��� � � � ' �,� EXHIBIT C To the Agreement dated , 2001, by and between CITY OF ARROYO GRANDE, a FORM OF MEMORANDUM OF AGREEMENT municipal corporation formed under the laws of the State of California, as Lessor, and COX PCS ASSETS, LLC, as Lessee. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Sprint Spectrum L.P. 4683 Chabot Drive, Suite 100 Pleasanton, CA 94588 Attn: Property Specialist - San Luis Obispo County/SN-45-XC-070(E) SPA CE ABOVE THIS LINE FOR RECORDER'S USE � ► � u � �� � THIS MEMORANDUM OF AGREEMENT is made and entered into as of , 2001, by and befinreen CITY OF ARROYO GRANDE, a municipal corporation of the State of Califomia ("Lessor") and COX PCS ASSETS, L.L.C., a Delaware limited liability company ("Lessee"). WITNESSETH: That Lessor hereby leases to Lessee and Lessee hereby leases from Lessor a portion of that certain real property (the "Property") in the State of Califomia, County of San Luis Obispo (APN: 007-611-016), a legal description of which is shown in Exhibit A attached hereto and incorporated herein by reference, under the terms and conditions of the unrecorded Communications Site Lease Agreement by and befinreen Lessor and Lessee dated , 2001 and incorporated herein by reference (the "Agreement") for an initial term of five (5) years, and three (3) subsequent optional extension terms of five (5) years each, pursuant to the terms of the Agreement. The Agreement provides for grant of an easement for rights of access to the Property and to electrical and telephone facilities serving the Property. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first above written. Lessee: COX PCS ASSETS, L.L.C., Lessor: CITY OF ARROYO GRANDE, a a Delaware limited liability company municipal corporation By: g Kelly Gamble _ Its: Regional Director of Site Development Michael A. Lady Its: Mayor ACKNOWLEDGMENTS ATTACHED STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On this _ day of , 2001, before me, , a Notary Public in and for said State and County, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/heNtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal Notary Public in and for said State and County STATE OF CALIFORNIA ) ) ss. COUNTY OF ) O n this _ day of , 2001, before me, , a Notary Public in and for said State and County, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/heNtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal Notary Public in and for said State and County EXHIBIT A TO MEMORANDUM OFAGREEMENT LEGAL DESCRIPTION OF LESSOR'S PROPERTY Cox Slte Name: Arrovo Grande Reservoir #4 Stte Number: SN-45-XC-070(E1 Description of Lessor's Property: The real property situated in the County of San Luis Obispo, State of Califomia (APN: 007-611-016) and particularly described as follows: [Legal Description Attached Consisting of 1 Page(s)] Lessor Initials Lessee Initials _ __ _ ExexsiT n DfiSCR1P'�'ION: THqT AO�ZTION OP LOT 91 OF TH� MAP 01= 1'HE RANCHOS CORRAL D� 1�IEARA�'CSMO AND BOLSA DF. CI��IEb�ISAL, [N 1'I-IE C1TY OF ARROYO GitANDE, COUNTY OF SAN LU1S OB1SP0, STATE OF CA�.TFOR�VIA, AS PER MAP P1LL-D T.N BOOK A, PAG� 65 01= MAPS, IN THB OFFICE OF TIi� COUNTY RECORDIiR OF SAID COUNTY, DESCRIBED AS FOT.LOWS: BEGINNII��G AT TI�E MOST SOUTHERLY CORNLR OF THE LAND DESCRIBED iN THfi DBED 7'O AMASA 1r�. DIXSON RECORDED IN BOOK 15, PAGE 302 OF DEEDS, RECORDS OF SAID C�UNTY, MARKED BY A POST SET BY A f. YARSONS [N FEBRUARY 1892, PRESENTLY MARKfiD BY AN 1 1/4 INCH DI,4MEfER PrpB TAGGL•D RC� 6923 AS SIdOwN ON THE MAP FILED IN BOOK 8, PAGE 120 OF RL•CORD �F SURVEYS IN SAiD COUNTY RECORDLRS OFFICE. THL-NCE �10RTFI 54° FAST 664.00 PEET TO A POINT, FROM WHICH TI-IE MOST EASTERLY CORNER OF SAID �,AND OF DIXSON I3�ARS NORTH 54 ° EAST 537.30 FEL'T, MORE OR LESS, MARKED BY A POST ES1 ABLISH�D BY A.F. PARSONS, IN �EBRUARY, 1892, PRESENTI.Y MARKED AN OLD FENCE CORNER, SAID POI.NT BE1NG TIiE TRUE POIN'r OP IIEGINNING. "fHENCE ,AT RIGHT ANGLES SOUTH 36° EAST 240.00 FEET TO A POINT. THENCE AT RIGHT ANGLES NORTH 54° EAST 272.00 rEET TO A POINT. THENCE AT RIGHT ANGLLS NORTH 36° WEST 240.00 FEET TO A POINT, THENCE 50UTH 54° EAS1' 2'12.00 FEET TO THL= TRUE FOINT OF BEGINNING. 8.1. � pRROy�� � INCORPORATE Z � - a � * ,,�Y ,o. ,s„ ,� c4 ��FORN� P MEMORANDUM TO: CITY COUNCIL/REDEVELOPMENT AGENCY FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES SUBJECT: AWARD OF AUDIT SERVICE CONTRACT DATE: MAY 22, 2001 RECOMMENDATION: It is recommended the City Council/Agency Board authorize the Mayor/Chair to enter into a three-year consultant services agreement, with three one-year extensions based upon satisfactory performance, with the firm of Moss, Levy & Hartzheim, Certified Public Accountants. Said agreement shall be subject to the review and approval of the City Attorney. FUNDING: Audit services are budgeted in the FY 2001-02 Annual Budget at $17,800 for the City audit and $2,500 for the Redevelopment Agency audit. DISCUSSION: Municipalities and businesses hire auditors to produce annua► financial statements and to conduct evaluations of the entity's internal control. The auditor is responsible for determining that the financial statements do not include material errors and do not misrepresent the City's financial condition. In the evaluation of internal control the auditor appraises procedures that could allow collusion, theft, or fraud. For the last five years the City has used the audit firm of Vavrinek, Trine, Day & Co., LLP (VTD) to conduct the City and Redevelopment Agency audit. The City has been satisfied with the Firm's performance, their responsiveness, and the audit document. However, staff felt that a fresh look at the City's financial figures and internal controls could be warranted. On April 4, 2001 the Financial Services Department issued a request for audit proposals to eight certified public accounting firms. Five proposals were received and opened on April 27 The five proposals were as follows: Firm Paul Moe, CPA Moss, Levy & Hartzheim Glenn, Burdette, Phillips & Bryson VTD Terry E. Krieg, CPA FY 2000-01 $13, 500 14, 950 18, 000 19,455 24,200 FY 2001-02 $13, 500 15, 450 18, 540 20,205 19,200 FY 2002-03 $13,500 15, 950 19,096 21,178 24,200 AWARD OF AUDIT SERVICES CONTRACT MAY 22, 2001 PAGE 2 Price was not the most important factor in evaluating the five proposals. City staff looked for a firm that had extensive experience in auditing cities, was willing to submit the City's internal control to extensive scrutiny, had obtained extensive training in the Government Accounting Standards Board Pronouncement 34 (GASB 34), and expressed willingness to assist the City in carrying out this Pronouncement. The proposal submitted by Moss, Levy & Hartzheim meets these criteria. The firm conducts the annual audits for twenty-nine cities, including Atascadero and Paso Robles. The proposal specifies the approximate number of transactions that will be tested, the documents to be reviewed, and the items to be confirmed with outside sources. The firm is educated on the GASB 34 requirements and is currently conducting a conversion to the GASB 34 format. Favorable comments were also received from current clients of Moss, Levy, & Hartzheim during a background check. Though all five firms are well qualified staff recommends the City/Agency contract with the firm of Moss, Levy, & Hartzheim to conduct the City and Redevelopment Agency audits during the next three years, with three one-year extensions based upon satisfactory performance. ALTERNATIVES: The following alternatives are provided for City Council consideration: - Approve staff recommendations and contract with Moss, Levy, & Hartzheim; - Deny staff recommendations and contract with one of the other four firms; - Modify staff recommendations and approve; - Provide direction to staff. CITY OF ARROYO GRANDE DETAILED AUDIT PROPOSAL For Fiscal Years 2000-01, 2001-02 and 2002-03 With an Option For Fiscal Years 2003-04, 2004-OS and 2005-06 Submitted By: Moss, Levy & Hartzheim 802 E. Main Street Santa Maria, CA 93454 (805)925-2579 Submitted On: Apri127, 2001 Contact Person: Ron A. Levy, CPA CITY OF ARROYO GRANDE DETAILED AUDIT PROPOSAL TABLE OF CONTENTS Letter Transmittal ..............................................................................................................................................................................1 Detailed Audit Proposal: Independence .................................................................................................................................................................................. 3 Licenseto Practice in California ..................................................................................................................................................... 3 FirmQualifications and Experience ................................................................................................................................................ 3 Partner, Supervisory and Staff Qualifications and Experience ...................................................................................................... 4 Resources ....................................................................................................................................................................................... 4 Similar Engagements with Other Governmental Entities ............................................................................................................... 5 Specific Approach ................................................................................................................................................................ 6 Identi fication of Anticipated Potential Audit Problems .................................................................................................................. 8 T�tal Maximum Price ................ .................................................................................................................................................... 9 Appendices: Appendix A- Peer Quality Review Report ................................................................................................................................... 10 Appendix - Resumes ................................................................................................................................................................ 11 APPendix — References ............................................................................................................................................................. 16 Appendix D- Current and/or Recently Completed Governmental Audits .................................................................................... 17 Appeudix E— Schedule of Professional Fees and Expenses ......................................................................................................... 19 � , PARTNERS: ROBERT M. MOSS, C.P.A.' RONALD A. LEW, C.PA.' CRAIG A. HARTZHEIM, C.PA.` 'DENOTES PROFESSIONAL CORPORATION Ms. Lynda Snodgrass Director of Financial Services City of Arroyo Grande 214 E. Branch St. Arroyo Grande, CA 93420 802 EAST MAIN SANTA MARIA, CA 93454 PHONE: (805) 925-2579 FAX: (80.5) 925-2147 We are pleased to respond to the City of Anoyo Grande's Request far Proposal for independent auditing services. We have prepared our proposal to address each specificarion included in the City of Arroyo Grande's Request for Proposal. After 50 years in public accounting and more than 25 years of performing local governmental audits, it is extremely gratifying to witness the continued growth of Moss, Levy & Hartzheim. The fum has evolved from a one-person operation to a regional public accounting firm with offices in Beverly Hills, Santa Maria, Sacramento and Tustin and clients throughout the State of California, as well as thirty- one other states. We and the entire staff are pleased with not only the continuing development of the firm but also the progress and economic health of our clients. We understand that governmental accounting is a specialized industry with its own accounting standards and requirements and that is why we strive to constantly improve the quality of our professional services. This degree of dedicarion coupled with our ability to inform our clients of any new accounting and auditing issues is paramount to our success. We feel that our size is such that we are large enough to provide a broad spectrum of services and experience backed by an in-house training program, professional development courses and an extensive professional library, yet not so lazge as to become impersonal and rigid. Our informal style allows us to be flexible enough to complete our audits in a timely manner that is the most convenient for each client. Also, this style allows us to be more accessible to our clients when our clients have quesrions or concerns. It is our understanding that we will be responsible for expressing an opinion on the City of Arroyo Grande's general-purpose financial statements in confornuty with generally accepted accounring principles. We will also be responsible for expressing an opinion on the fair presentarion of the City's combining, individual fund and account group statements and schedules in relation to the general-purpose financial statements taken as a whole. In addition to those procedures deemed necessary to express our opinion on the general purpose financial statements, we understand that we will also be responsible for performing certain limited procedures involving supplementary information required by the Governmental Accounting Standards Board. Our audits would be made in accordance with generally accepted auditing standards; Government Auditing Standards, issued by the Comptroller General of the United States; Office of Management and Budget (OMB) Circular A-133, Audits of State, Local Governments, and Nonprofit Organizations; and Guidelines for ComplianceAudits of California RedevelopmentAgencies issued by the State Controller, Division of Local Government Fiscal Affairs. As part of performing our audits in accordance with these standards, we understand that we will be required to audit the Schedule of Expenditures of Federal Awards. It is our understanding that we will be responsible for issuing the following reports: an independent auditor's report on the general purpose fmancial statements; auditor's report on compliance and on internal control over fmancial reporting based on an audit of financial statements performed in accordance with Government Auditing Standards; an auditor's report on compliance with requirements applicable to each major program and internal control over compliance in accordance with OMB Circular A-133 and a report on the internal control structure based on the Auditors' understanding of the internal control structure and assessment of conlrol risk. It is also our understanding that we will be responsible for issuing a report on the fair presentation of the City of Arroyo Grande's Redevelopment Agency issuing a report on the City's Transportation Development Act financial statements, perform agreed upon procedures on the City's GANN limit and issue a report thereon and Single Audit Act work. OFFICES: BEVERLY HILLS • SANTA Iv�ARIA • SACRAMENTO • TUSTIN MOSS, LEVY & HARTZHEIM CERTIFIED PUBLIC ACCOUNTANTS MEMBER AMERICAN INSfITUfE OF C.PA.'s • CALIFORNIA SOCIEN OF C.PA.'s • CALIFORNIA SOCIEN OF MUNICIPAL FINANCE OFFICERS • CALIFORNIA ASSOCIATION OF SCHOOL BUSINESS OFFICIALS If convenient for the City's staff, the approximate target dates for an audit would be as follows: (1) Preliminary audit entrance conference with staff — May 23 (2) Interim field work - week of June 14 (3) Year-end field work - week of October 1 (4) Exit conference with staff — October 17 (5) Draft of Management Letter — October 30 (6) Issue other audit reports and final management letter - November 15 (or within three days of the City's final approval) (7) Council presentation — Open P�Iinimal assistance of the City's staff is required during the course of the audit, however, we do ask that the City provide the following: cooperarion in answering questions, requested confirmarions, bank reconciliations, a general ledger and other miscellaneous items. Also, with City approval, our audit team can pull and file appropriate supporting documents, which includes invoices. We feel this approach minimizes the disruption of the City routine. The percentage of the audit work we expect to accomplish in each month is shown below: June July August September October Total 30°/u 5% 5°/u 10°/a 50% 100°/u This proposal is a firm and irrevocab:e offer unril June 27, 2001. Thank you for your consideration and please do not hesitate to contact the authorized representative listed below with any questions, prublems, or concerns. Ron A. Levy, CPA Partner 802 E. Main Street Santa Maria, CA 93454 (805)925-2579 Sincerely, Ron A. Levy, A 2 CITY OF ARROYO GRANDE DETAILED AUDIT PROPOSAL I1�DEFEIVD,�.�VC.� Moss, Levy & Hartzheim is independent of the City of Anoyo Grande and its component units as defined by generally accepted auditing standards and the U.S. General Accounting Office's Governmental Auditing Standards (1994). Moss, Levy & Hartzheim has not entered into a professional relationship involving the City of Arroyo Grande or its component units in thelastthree years. LICEIY,SE �Q FRAG'TICE I1� C�1�I�QR��A Moss, Levy & Hartzheim is a properly licensed certified public accounting firm in the State of California, license # 5863. All certified public accountants engaged in the audit of the City are licensed to practice in the State of Califomia and have received at least die minimum number of governmental continuing professional education hours required by the State Board of Accountancy to perform a governmental audit. �'IR14�1 �U.�LI�`IC.�1 T�01YS AND .E��'ERIE��'E Moss, Levy & Hartzheim is a minority owned regional fum that perforn�s audits of govemmental entities from the Oregon border to the Mexican border. The fum currently employs 29 professionals and has annual gross revenues between 2 and 2.5 million dollars. The firm has four offices in California: Beverly Hills, Santa Maria, Sacramento and Tustin. The audit work wrill be completed by staff from our Santa Maria office. The Santa Maria office is currently staffed by five certified public accountants (three partners and two managers). In addition, the fircn employs three senior accountants and four staff accountants. The City of Arroyo Grande w•ill have one partner and one altemate partner assigned to the audit at all times. In addition, one manager, one senior accountant and two or three staff accountants will be assigned on a full-time basis to the audit from the Santa Maria office. The City of Arroyo Grande will also have a computer specialist assigned to the audit on a full-time basis. This individual assists the audit team in documenting the computer system internal control shucture. Our fum has never been the object of any disciplinary action from any federal or state regulatory body or professional organizarion, nor is there any disciplinary action pending. Please see Appendix A- Peer Quality Review Report for a copy of our firm's most recent quality review report, which includes a review of local govemmental engagements. PAR T1VER, �`UI'ER 1 I� 141�D STAFF Q�A�I1�'I�A �'If,�.1�5 �911�� �Xl��l�l�.1 ��'� It is the firm's policy to have our parfiers and audit manager involved in the managing funcrion of our governmental audits. Having both the partner and audit manager involved in the engagement allows the City to receive immediate response to questions about accounting and audit topics, concerns and findings. It is expected that Mr. Ron Levy would be the partner in charge of the City's audit. Mr. Lery would have primary responsibility for the audit. Mr. Levy would also be responsible for assisting in the preparation of the City's CAFR. Mr. Lery has assisted numerous cities and has prepared award winning CAFRs. Mr. Levy will also be responsible for addressing any City questions or concerns that arise during the year. It is the firm's policy to have a partner on site for a maj ority of the field work. This policy enables the partner to become acquainted with the City's daily operations and key personnel. Mr. Craig Hartzheim will be the altemate partner assigned to the audit. As alternate partner, it is his responsibility to be familiar with the City, its staff, the audit, and any special problem areas of the City in the event that Mr. Lery is unavailable. Mr. Hartzheim has assisted numerous cities and prepared award winning CAFRs. Mr. Hartzheim has also assisted cities in preparing the state controller's reports. CITY OF ARROYO GRANDE DETAII.ED AUDIT PROPOSAL FARTN.LR� SIIPERVISQRYANDS'Tf4FF�L�'�,�..TF'IC�9TIQ�.S�'.r�f.�.����Rl,�.11�C.E conti�ued Ms. Toni Joksch will be the manager assigned to the audit. As manager, Ms. Joksch will oversee the day to day operations of the audit and will review all audit areas. Ms. Joksch will be at the City for 100% of the fieldwork. Ms. Joksch is a planning committee member for the Govemmental Accounting Conference held by the Califomia CPA Education Foundation. She also performs in house training for governmental auditing staff members and is in charge of keeping the firm updated on aspects of governmental accounting and auditing issues. Mr. Paul Niedermuller will be the senior accountant assigned to the audit. As senior accountant, it will be Mr. Niedermuller's responsibility to oversee the staff accountants, do preliminary reviews of audit sections, and to perform more difficult audit sections. Mr. David Ortiz will be the computer specialist assigned to the audit. Mr. Ortiz has extensive laiowledge in auditing EDP functions. Mr. Ortiz will also perform the statistical sampling procedures for the audit. Also, he will document and test the internal control shucture of the computer systems. Please see Appendix B- Resumes for each individual's resume. In addition to the supervisory staff listed above, two or tl staff accountants will be assigned to the audit. All staff accountants have degrees frorn accredited colleges or wuversities, have received in-house govemmental�audit tranung and at present have at least one year of governmental auditing experience. All staff accountants will be duectly supervised by the senior accountant and/or manager assigned to the audit at all times. All parmers, managers and staff inembers have worked on nurnerous govemmental engagements together. Consistently working together �vill provide the City with a knowledgeable and efricient audit team. The fimi wiil maintain staff continuity on the engagement throughout tlie term of the contract, barring any terminations, illnesses or other �nforeseen cucumstances. At the request of the City, any Moss, Levy and Hartzheim employee assigned to the audit can be removed and replaced by another qualified eniployee. Moss, Le�ry & Hartzheim has an advantage in that there is relatively low tumover in employees as can be seen on individual resumes and therefore, the firm will not use the City as a training gruund for its employees. RESQURG'L.S Moss, Levy & Hartzheim will be able to provide the City with qualified, trained staff in light of current obligations. The audit work would be conducted with staff from the Santa Maria office, however, if necessary, we are able to utilize staff from the other three offices, although that contingency is not anticipated. If at any time you are not satisfied with a member of the audit team, that member can be replaced with another qualified staff inember. Members of our staff attend various conferences and seminars throughout the year. All of our CPA's must complete the required number of continuing professional education hours. We also conduct in-house training for all staff inembers in order to ensure that you will receive the best possible service. SIMILAR EIVGAGEMENTS WI�'H QTH.�R GU��.R1�.�kIE1VT.�A.� ��TITI,L�S Moss, Levy & Hartzheim has an extensive background in auditing cities with over twenty-seven years of experience in this specialized field. We currently perform twenty-nine city audits and numerous other governmental audits. Please see Appendix C- References for a list of similar local government�l clients performed from the local office. Please see Appendix D- Current and/or recently completed Governmental Auclits for a list of governmental audit clients. 4 CITY OF ARROYO GRANDE DETAILED AUDIT PROPOSAL SI1I�TII�R .ENGAGEMENTS T�IT� QTH,�R GQ�.�R1�1k1�1�T'�� .E,�T'.l?'I�S -continued Recent local auditing experiences include the following: CSMFO and GFOA Award Programs The firm currently audits the following nine ciries that participate in both the CSMFO and GFOA Award Progran�s. (Each city has received both awards.) City of Bellflower City of Campbell City of Scotts Valley City of Brawley City of Whittier City of Paso Robles City of Sonoma City of Lathrop City of Watsonville OMB Circular A-133 We have performed compliance audits in accordance with Office of Management and Budget (OMB) Circular A-133, Audits of State, Local GovErnments and �Vonprofit Organizations, for each of our municipal clients. 3. 5pecial Districts Currently our fum audits sixty-three special districts including recreation districts, utility districts, cemetery districts, community services dish�icts, s�.ivtary districts, water districts, fire districts, an ambulance services district and an auport district. 4. Redevelopment Agencies We have performed audits of thirteen redevelopment agencies. Each redevelopment agency audit is conducted in accordance with Guidelines for Compliance Audits of California Redevelopment Agencies issued by the State Controller, Division of Local Government Fiscal Affairs and Section 33080.1(a) of the Health and Safety Code and Title 2.5, Chapter 6 of the Califomia Administrative Code. State Controller's Report and Street Report We have prepared State Controller's reports and street reports for numerous cities, redevelopment agencies and special districts. We feel this experience allows us to help assist our clients in their preparation of the state controller's reports or prepare the reports as a separate engagement for our clients. 6. Joint Powers Authorities We have recently audited the following joint powers authorities (JPAs): Santa Barbara Water Purveyors Joint Powers Agency Data Processing Joint Powers Agency Santa Barbara County Special Education Local Plan Area Joint Powers Agency In addition to the three joint powers agencies listed above, the vast majority of our governmental clients are members of j oint powers agencies. As such, our firm has experience in reviewing JPA statements and disclosing the appropriate JPA information in the financial statements for each governmental client. CITY OF ARROYO GRANDE DETAILED AUDIT PROPOSAL SIIIIII�AR ENGAGE11�E1VTS WITH OTHEI� Gr(,�T�,�R.N111'.�1�TAL� .E�T'ITI.L�S- canti�:ued 7. Federal and State Grant Programs and the Single Audit Each of our municipal clients, the majority of our special district clients, and all of our school district clients receive federal and state grants which require compliance audits. Some of our most commonly audited federal programs are as follows: Municipal Major Programs: Community Development Block Grant Funds (CDBG) Federal Emergency Management Act Funds (FEMA) Section 8 Housing Assistance Payments Urban Mass Transportation Act Funds (LTMTA) Economic Development Grants (EDA) Other Common Municipal Programs: COPS Fast grants COPS More grants Asset Seizure funds Retired Senior Volunt�er Program Other Major Programs: Senior Nutrition Programs Child Nutrition Programs Title I Title VI Migrant Education Vocational Education Special Education Franchise Audits The firm has assisted several cities in reviewing franchise fmancial statements as part of reviewing franchise requests for rate increases. In addition, the fum has performed�ansient occupancy audits for five cities and has performed various audits of operaring lease charges (such as use of a ewage treahnent plant based on percentage of use by our client and actual expenses as recorded by the treahnent plant operator). �P.�EGI�'IG,�iT�'I�.�T ,�.F.P'IZU� GH The main extent of our work would be what is required to enable us to express an opinion on the fmancial statements in accordance with: 1. AICPA Industry Audit Guide for State and Local Governmental Units 2. AICPA Audit Standards 3. National Committee on Governmental Accounting, Auditing and Financial Reporting (Amended) Publicution 4. Laws of the State of Califomia 5. Requirements of Office of Management and Budget's Circular A-133, Audits of State and Local Governments and Nonprofit Organizations 6. GAO Standards for Audit of Governmental Organizations, Activities and Functions, the Guidelines for Financial and Con:pliance Audits of Federally Assistc�d Programs 7. Our firm's own additional standards and procedures The audit will be made in accordance with generally accepted auditing standards. CITY OF ARROYO GRANDE DETAILED AUDIT PROPOSAL .S'F.EG.I.F'IC'AI�DIT �F.�R4ACH— continuerl The primary purpose of the audit is to express an opinion on the fmancial statements, and such an audit is subject to the inherent risk that material errors or fraud may exist and not be detected by us. If conditions are discovered which lead to the belief that material errors, defalcations, fraud may exist, or if any other circumstances are encountered that require extended services, we will promptly advise the City. Our audit �pproach would begin when it is convenient for City staff. We estimate this to be around May or June to perfonn interim work. During May or June each year, the partner or manager of the fum will contact the Finance Department personnel. The puipose of this contact will be to discuss the scope and timing of the annual audit, to review any accounting issues lmown at that time and to address any City personnel's concerns about the impending audit. We will also discuss with you any matters that may impact our audit procedures or your financial reporting. Also, we will discuss with you any assistance the City may need with the yeaz-end closing. For our first year of engagement, we will utilize the prior year's financial statements, the current year budget and our lrnowledge of your systems to deternrine materiality for the different audit sections. Each year, we will select a sample of transactions to deternune to what extent the systems are functioning as described to us. The extent of our sample size will depend upon our assessment of the intemal control structure. 'The selection of transactions for testing will be made using a combination of random, systematic and haphazard sampling techniques. We will identify the strength of the systems upon which we can rely in planning our substantive tests. Our intemal cont� ol review will meet all the requirements of AICPA Statement on Auditing Standards No. 55, Considerarion of the Internal Control Structure in a Financial Stateinent Awdit, as amended by Statement on Auditing Standards No. 78. It is estimated that the sampling size for transacrion testing for compliance with systems as actually implemented ��ould be as follows: I. 25/40/60 disbursement items, including automatic and manual checks �I. 25/40/60 payroll checks III. 25/40/60 receipt items, including but not limited to urility billings, business licenses, recreation programs, buildin� fees, francluse fees, and oQier miscellaneous receipts We will also review the foliowi.ng documents in order to determine compliance �vith laws and regulations: (a) Minutes of the governing body with special attention to: indications of new revenue sources, including federal and state grants; expenditure authorizations and related appropriations, including any special or restrictive provisions; appropriarion transfers; authorization for bank or other debt incurred; awards to successful bidders; authorization for new leases entered into; changes in licenses, fines or fees; authorization for fund balances designations or reservarions; and authorization for significant new employees hired (b) New agreements and amendments to new agreements including but not limited to: grant agreements; debt and lease agreements; labor agreements; joint venture agreements; and other miscellaneous agreements (c) Administrative Code (d) Inveshnent Policy Our year-end fieldwork would begin after the City has closed its books which we estunate to be the fust week of October. The year-end audit work will begin with an analytical review of all significant balance sheet and revenues and expenditures/expense accounts for each fund group, which includes a comparison of prior year fmancial statements and current year budget to the year-end trial balance. The primary objective of the year-end audit work is to audit the fmal numbers that will appear in the City's CAFR. We will also perform procedures such as: (a) Confumarions by positive and negative circularizations including but not limited to all cash and inveshnent accounts; selected receivable and revenue balances; all bonds, loans, notes payable and capital leases; all notes receivable; all insurance carriers; all legal firn�s employed on City business; and other miscellaneous confirmations as deemed necessary CITY OF ARROYO GRANDE DETAILED AUDIT PROPOSAL SPECIFaTC ATJ.�IT .�IP.�RO.� GH— co�rinued (b) Physical verifications and observations (c) Analysis and review of evidential material (d) Interviews and investigative efforts (e) Electronic data processing testing for computer and software reliability (� Numerous other procedures During the entire engagement, our audit team will be determining the risk assessment of federal programs to be audited in compliance with OMB A-133. We will perform tests of: general requirements; specific requirements; claims for advances and reimbursements; and amounts claimed or used for matching in compliance with the Single Audit Act. Also we will obtain an understanding of the intemal control structure of each program tested. The compliance audit will be made in accordance with generally accepted audiring standards and the GAO Standards forAudits of Governmental Organizations, Programs, Activities, and Functions, and the GAO Guide[ines for Financial and Compliance Audits of Federally Assisted Pr•ograms. As part of our audit engagements we issue our clients management letters if we note certain observations or recommendations that we feel need to be disclosed. Oiu firm's philosophy regarding the management letter is that the management letter is to help management improve its intemal control and accounting procedures and not to criticize the management in charge. This is why we present our management letters to management in draft form for open discussion prior to issuing. The firm uses PPC audit programs, checklists and questionnaires in conjunction with client specific audit program procedures. In addition to our PPC checklists, the lirm uses GFOA and CSMFO �ward Program Reviewer's Checklists as an additional guide for CAFRs. The Governmental Accounting, Audrting and Financial Reporting (GAAFR), issued by the Government Finance Officers Association (the "Blue 13ook") and other GFOA publications are often used as additional tools when preparing the financial statements of our governmental clients. The firni has aud ases its extensive library of current AICPA, GFOA, and GASB publications and pronouncements. IDENT`IFICATION ��'ANTI�II'�.A7'�I.� �f�►�'�1YT��1L t4 �III�'1°�RC���L�`.�S Our firm has already taken a proactive approach to the implementation of the Governmental Accounting Standards Board (GASB) No. 34 pronouncement. The pronouncement affects each of our clients in a different manner. Some of our clients will need consultation on establishing internal controls for their new fixed asset tracking system. While others will need our advice on the pros and cons of different fmancial statement presentation methods allowed under the pronouncement. We feel our informal and flexible style helps us deal with the different issues our clients face with the implementation of GASB 34. We have attended seminars, conferences and have performed extensive research on GASB 34 implementarion. The firm is currently working closely with one of our clients on a conversion to GASB 34 financial statements. In working closely with the City in regards to the implementation, we feel the transition to GASB 34 financial statements will be a rewarding challenge. We do not anticipate any additional problems with the audit except for items listed in past management representation letters. In the event of a problem, the City Attorney, City Manager and the Finance Director will be unmediately notified in writing of any fraud, other illegal acts or indications of illegal acts found during the course of our work. All other discrepancies or wealaiesses in the internal control system will be communicated to management through discussion, the management recommendation letter and/or if it is a reportable condition, as part of the single audit report. The City of Arroyo Grande will be informed of: the auditor's responsibility under generally accepted auditing standards; significant accounting policies; management judgments and accounting estimates; significant audit adjustments; other information in documents containing audited financial statements; disagreements with management; management consultation with other accountants; major issues discussed with management prior to retention; and difficulties encountered in perfornung the audit. CITY OF ARROYO GRANDE DETAILED AUDIT PROPOSAL T(�TAL 1I1AXI.t�1U1�I FRIC,� All out of pocket expenses are included in the fee and no additional costs will be passed on to the City. The City is however, expected to provide adequate working space, access to a copier, fax machine, and telephone. We will provide all other supplies, material and equipment including notebook computers, adding machines and paper. Tl�e maximum audit fee for the fiscal audits are as follows: 2000-01 2001-02 2002-03 City's Fiscal Audit, including Single Audit $ 12,950 $ 13,350 $ 13,750 Redevelopment Agency Audit Totals Option for an addirional three years is as follows: 2,000 2,100 2,200 $ 14,950 $ 15,450 $ 15,950 2003-04 2004-OS 2005-06 City's Fiscal Audit, includin� Single Audit $ 14,150 $ 14,550 $ 14,950 Redevelopment Agency P.udit Totals 2,300 2,400 2,500 $ 16,450 $ 16,950 $ 17,�+50 Please see Appendix E— Schedule of Professional Fees and Expenses for level of staff and number of anticipated hours. Special audit work as requested by the City would be performed at the stated discounted hourly rates. However, no extended services will be performed unless they are authorized in the contractual agreement, or in an amendment to the agreement. Partner Manager Senior Accountant/Supervisory Staff Staff Accountant Clerical Computer Specialist Respectfully submitted, MOSS, LEVY & HARTZHEIM on A. Levy PA Moss, Levy & Hartzheim is an Equal Opportunity Employer E $ $ $ $ $ $ 100 70 55 35 20 50 P S Jess�e C. P�,,ell, CP� POWELL & SPAFFORD, LLP Paf��c� D. Spa{{o�, Cp� CERTIFIEG PU[3LIC �CCCUhTANTS a,�"� a���ca+x�srir��re cf CERT�IEG [��uC.�CCCKr.La� � � To the Partners Moss, Levy & Hartzheim Certified Public Accountants We have reviewed the system of quality control for the accounting and auditing practice of Moss, Levy & Hartzheim (the firm) in effect for the yeaz ended December 3 l, 1999. A system of quality control encompasses the.firm's organizational structure and the policies adopted and procedures established to provide it with reasonable assurance of complying with professional standards. The elements of quality control are described in the Statements on Quality Control Standazds issued by the American Institute of Certified Public Accountants (AICPA). The design of the system and compliance with it are the responsibility of the firm. Our responsibility is to express an opinion on the design of the system, and the firm's compliance with the system ba.sed on our review. Our review was conducted in accordance with standards established by the Peer Review Board of the AICPA. In performing our review, we obtained an understanding of the system ofquality control for the firm's accounting and auditing practice. In addition, we tested compliance with the firm's quality control policies and procedures t� tlie extent we considered appropriate. These tests cavered the applicati�n af the firm's policies and proc�dures on selected engagemeiits. Because our review was based on selective tests, it would not necessaril}� �isclose all weaknesses in the system of quality control or all instances of lack of compli2nce with it. Because there are inherent limitations in the effectiveness of any system of quality control, departures from the system may occur and not be detected. Also, projection of any evaluation of a system of quality control to future periods is subject to the risk that the system of quality control may become inadequate because of changes in conditions, or because of the degree of compliance with the policies or procedures may deteriorate. In our opinion, the system of quality control for the accounting and auditing practice of Moss, Levy & Hartzheim in effect for the year ended December 31, 1999, has been designed to meet the requirements �f the quality control standards for an accounting and auditing practice established by the AICPA and was complied with during the year then ended to provide the firm with reasonable assurance of complying with professional standards. August 8, 2000 h' � ��pr� 664 W dirc� Cour� • San Gerno�ino, CA 92410 • p�. Qox 8847 • Red�ands, CA 92375 , Te�ep��ene 90�3-885-TT21 • Fax 909-885-7541 CITY OF ARROYO GRANDE APPENDIX B - RESLTMES RONA. LET�Y, CP�I - PART��R • California licensed CPA with 25 years of audit experience with governmental entities. • Partner in charge of all governmental audits, currently including 29 municipal audits, 18 school district audits, and 63 special district audits. • Has assisted governmental clients with year-end closings, key position interviews, preparation of award winning CAFRs and preparation of State Controller's Reports. • Has met or exceeded all continuing education requirements, including recent courses in: 2000 Gover•nmental and School District Conference 1999 Governmental Accounting Conference 1998 Governmental Accounting Conference Compliance Auditing, Audit Sampling and Concluding the Audit Audits nfState and Local Governments Governmental Accounting Update The Single Audit Act � The 1998 School D:strict Conference Auditor's Reports on Audits of Local Governments Planning a Governmental Audit Engagement Com��!iance Auditing, Subrecepient Program Specific Audits and Concluding the Single .4udit Background information, P� Flanning Activities and Issues of Financial Statements in a Single Audit Single Audit und Sampling Considerations for a Governmental Audit Engagement and Special Considerations in a Schoul District Audit Governmental Audit Pre-Engagement Activities, Concluding the Audit and Auditor's Report • Member of the following: California Society of Municipal Finance Officers American Institute of Certified Public Accountants California Society of Certified Public Accountants Califomia Association of School Business Officials Kiwanis Club • A Bachelor of Science degree from Oregon State University conferred in 1977. • Taught accounting courses at a branch of LaVerne College and Chapman College. • Knowledgeable about all areas of tax law. 11 CITY OF ARROYO GRANDE APPENDIX B - RESUMES CRAI� HART2HEII�I, CFA - P�tRT�ER (ALr�n�vAT�� • California licensed CPA with 14 years of audit experience with govemmental entiries. • Alternate partner for all governmental audits, currently including 29 municipal audits, 18 school district audits, and 22 special districts. • Has met or exceeded all continuing educarion requirements, including recent courses in the following: 2000 Governmental and School District Conference 1998 Governmental Accounting Conference Preparing Governmental Accounting Statements Preparing Governmental Financial Statements The New Yellow Book Planning, Sampling, Internal Control, Compliance & Subrecipient Considerations During Single Audits & t'rogram Specifc Audits Concluding the.4udit, Reporting, Follow-up, & bidirect Cost Considerations During Single Aaidits Cost Allocations and Indirect Costs FEMA Compliance A Yiew of What Happened in Orange County • A Bachelor of Science degree in �ccounting from Marquette University conferred in 1982. • Member of the following: American Institute of Certified Public Accountants Califomia Society of Certified Public Accountants California Association of School Business Officials • Knowledgeable about all areas of tax law. 12 CITY OF ARROYO GRANDE APPENDIX B - RESUMES TQ,Il�I JQ.�T�SGH, GI'A - tY1ANAG.E1� • California licensed CPA with 8 years of audit experience with governmental enriries. • Manager for over 30 governmental and non profit audits. • Helped develop and update in-house Govemmental audit training manual. • A member of the 2000 Govemmental and School District Conference Planning Committee and the 2001 School District Conference Planning Comrnittee. • Has assisted governmental clients with year end closings, key position interviews, preparation of award winning CAFRs and prepararion of State Controller's Reports. • Has met or exceeded all continuing education requuements, including recent courses in the following: 200U Governmental and Sch�ol Districl Conference 1999 School District Conference . 1998 School District Conference Planning a G�verrimental Audit Engngement Auditor's Report on Audits of Local Governments and Special Considerations in a School District Audit Plmining, Sumpling, Internal Control, Cvmpliance & SubrecipiFnt Conside�•atior.s During Single Audits & Program Specific.4u�lits Cnmpliance A���iting for Non Profit Organizations At�dit Samp[ing in u Non Profit Organizatiort Audit Engagement Tax considerations in At�dits of Non Profit Org=anizations Governmental Accounting Concepts 2000 Non profit Conference 1999 Non profit Conference 1998 Non profit Conference Governmental Assets, Liabilities, Revenue ancl Expenditures Fund Types and Account Groups and Service Efforts Single Audit Fraud Investigations • Graduated with honors from the University of LaVerne. A Bachelor of Science degree in Accounting was conferred. • Member of California Society of Certified Public Accountants 13 CITY OF ARROYO GRANDE APPENDIX B - RESLJMES P.�1 U� .lY�.�.�D.ER..1l�'LI.�I�ER -- S.E��QR f1 �CQ U1�TA1�7' • Expected to receive CPA certificate in November, 2001. • Four years audit experience with governmental and non-profit entities. • Senior Auditor for 10 municipal audits. • A Bachelor of Science degree in Business Adminish�ation with an emphasis in Accounting from California Polytechnic State University, San Luis Obispo. 14 CITY OF ARROYO GRANDE APPENDIX B - RESUMES DA YZI� QRTI� -- �OhIFLTT.�R ,�P.��'IALIST' • Expected to receive CPA certificate in November, 2001. • Eight years audit experience with governmental and commercial entities. • Computer specialist for 10 municipal audits, 8 sc�zool district audits and 14 special district audits. • Extensive lrnowledge of database systems, nerivorking and accounting software. • A Bachelor of Science degree in Business Administrarion with an emphasis in Accounting from Califomia Polytechnic State University, San Luis Obispo. • Expected to receive CCNA (Cisco Certified Network Associate) in November, 2001. 15 CITY OF ARROYO GRANDE APPENDIX C - REFERENCES CITY OF PASO ROBLES Audit of general purpose fmancial statements, Redevelopment Agency and Single Audit Report 1997-Present Ron A. Levy, CPA 450 Audit Hours Contact: Mike Compton, (805) 237-3996 Received CSMFO Certificates of Achievement in Financial CITY OF WATSONVILLE Audit of general purpose financial statements, Redevelopment Agency and Single Audit Report 2000-Present . Ron A. Lery, CPA 650 Audit Hours Contact: WilliamP. Havs, (831) 728-6034 CITY OF SAN MARIA Audit of general purpose finaricial statements, Redevelopment Agency, Single Audit Report and Santa I�4aria Public Financing Authority; we also reviewed the City's GANN limit. 1970-1997 Ron A. Levy, CPA 600 Audit hours Contact: Michael Cox, (805) 925-0951 16 CITY OF ARROYO GRANDE APPENDIX D- CURRENT AND/OR RECENTLY COMPLETED GOVERNMENTAL AUDITS CITIES }3eaumont Bellflower B ishop Brawley Calimesa Campbell Gonzales Greenfield Grover Beach Holtville Iting I,akeport I,athrop Mammoth Lakes Paso Robles Pismo Beach Rocklin Santa Maria Scotts Valley Seaside Soledad Sonoma South Lake Tahoe Turlock Waterford Watsonville Whittier TRANSPORTATION DEVELOPMENT ACT FINANCI.�L AUDITS Grover Beacl Pismo Beach San Luis Obispo County and Cities Area Pla�ming CounciI: Local Transportation Fund State Transit Assistance Fund South County/San Luis Obispo Transit Mariposa County, CA Transponation Agency for Monterey County SERVICES DISTRICTS Cuyama CSD Eastern Sierra CSD El Dorado Hills CSD Groveland CSD Heritage Ranch CSD Lake Don Pedro CSD Mission Hills CSD Nice CSD Rossmoor CSD Twain Harte CSD Vandenberg Village CSD REDEVELOPMENT AGENCIES Atascadero Beaumont Bellflower Grover Beach Holtville King Paso Robles Pismo Beach Santa Maria Soledad Scotts Valley Watsonville Whittier TRANSIENT OCCUPANCY TAX Represented the following cities in the audit of hotel "bed tax" records: Santa Maria Pismo Beach . Bellflower South Lake Tahoe PUBLIC FINANCING AUTHORITY Bellflower Santa Maria Gonzales Waterford RECREATION DISTRICTS Arden Park Recreation District Conejo Valley Recreation and Park District Cuyama Recreation District Fair Oaks Recreation and Park District Fulton El-Camino Recreation and Park District Mountains Recreation and Conservation Authority Orangevale Recreation and Park District Pleasant Valley Recreation and Park District Rancho Simi Park and Recrearion District San Andreas Recreation and Park District Southeate Recrearion and Park District AIRPORT DISTRICT Santa Maria Public A' ort District 17 CITY OF ARROYO GRANDE APPENDIX D- CURRENT AND/OR RECENTLY COMPLETED GOVERNMENTAL AUDITS SCHOOL DISTRICTS Ballard School District Blochman Union School District Cayucos Elementary School District Coast Unified School District Cold Spring School District Goleta Union School District Heber Elementary School District King City Union School District Lennox School District Los Olivos School District Magnolia Union School District Montecito Union School District Mulberry Elementary School District Orcutt Union School District Pleasant Valley School District San Ardo Elementary School District San Miguei School District Santa Maria High School Districl Santa Maria-Boiuta School District Shand�n Llnihed School District Solvang Elementary School District GRANTS AND AID PROGRAMS Allan Hancock Community College Student Financial Aid Programs CEMETERY DISTRICTS Cemetery District Arroyo Grande Cemetery District Atascadero Cemetery District Lower Lake Cemetery District Middleton Cemetery District Raikoad Flat Cemetery District San Andreas Cemetery District San Miguel Cemetery District Shandon Cemetery District West Foint Cemetery District A1ITBULANCE SERVICES DISTRICT Cambria Community Healthcare District SANITATIOl� DISTRICTS Cayucos Sanitary District Murphy Sanitary District San Andreas Sanitary District Montecito Sanitary District Carpinteria Sanitary District WATER DISTRICTS FIRE DISTRICTS Altaville - Melones Fire Protection District Cayucos Fire Protection District Copperopolis Fire Protection District Jenny Lind Fire Protection District Mokelumne Fire Protection District Muiphy Fire Protection District San Andreas Fire Protection Dish�ict San Miguel Fire Protection District West Point Fire Protection District Calaveras County WD Callayomi County WD Carmichael WD Coming WD Florin County WD Mammoth Community WD Mount Knocti WD Paso Robles Mutual WD Santa Barbara Water Purveyors San Juan WD Thomas Creek WD Westside WD 18 CITY OF ARROYO GRANDE APPENDIX E- SCHEDULE OF PROFESSIONAL FEES AND EXP�NSES Schedule of Professional Fees and Expenses for the Audit of 2000-01 Financial Statements Supporting Schedule for the City of Arroyo Grande Standard Quoted Hourly Hourly Hours Rate Rate Total Partners 30 120 100 $ 3,000 Managers 50 90 70 3,500 Supervisory Staff 60 70 55 3,000 Staff 100 50 35 3,500 Other (specify): Clerical Computer Specialists 20 25 60 2b 50 400 S�:btotal Out-of-pockFt expenses: I�Zeals and Lodging 31 Transportation Other (specify): Total all-inclusive maximum price for 2000-01 audit Note: The rate quoted should not be presented as a general percentage of the standard hourly rate or as a gross deduction from the total all-inclusive maximum price. Note: All out of pocket expenses are included in the fee and no additional costs will be passed on to the City of Arroyo Grande. 1,550 14,950 N/A N/A N/A $ 14,950 19 9.a. CITY OF ARROYO GRANDE CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Arroyo Grande will hold a Public Hearing on the following item: Case Number: Applicant: Location: Proposal: Representative: Environmental Determination: Lot Line Adjustment 01-004 Greg Slowinski 823 and 841 Los Ciervos Street The applicant has requested a Lot Line Adjustment to adjust the lot line befinreen two (2) existing residential lots. Greg Slowinski Categorically Exempt In compliance with the California Environmental Quality Act, the Community Development Department has determined that the proposed project is categorically exempt per Section 15305 of the CEQA Guide�ines. Any person affected or concerned by this application may submit written comments to the Department of Administrative Services before the City Council hearing, or appear and be heard in support of or opposition to the proposal. Any person interested in the proposal can contact the Community Development Department at 214 E. Branch Street, Arroyo Grande, California, during normal business hours (8:00 a.m. to 5:00 p.m.), Monday through Friday. IF YOU CHALLENGE AN ITEM IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY COUNCIL AT, OR PRIOR TO, THE PUBLIC HEARING. FAILURE OF ANY PERSON TO RECEIVE THE NOTICE SHALL NOT CONSTITUTE GROUNDS FOR ANY COURT TO INVALIDATE THE ACTION OF THE LEGISLATIVE BODY FOR WHICH THE NOTICE WAS GIVEN. Date and Time of Hearing: Place of Hearing: Tuesday, May 22, 2001 at 7:00 p.m. Arroyo Grande Ci.ty Council Chambers 215 E. Branch Street � Arroyo Grande, Califomia 93420 �� G��Guo�-e-- Kelly et ore, Director of Administrative Services/ Deputy City Clerk Publish 1T, Friday, May 11, 2001 /pRROYO � G' � INCORPORATE Z V T � JULV 10. 1911 * c4��FORN�P MEMORANDUM TO: CITY COUNCIL FROM: KERRY MCCANTS --"" COMMUNITY DEVELOPMENT DIRECTOR BY: TERESA MCCLISH, ASSOCIATE PLANNER� SUBJECT: LOT LINE ADJUSTMENT CASE NO. 01-004 TO ADJUST TWO RESIDENTIAL LOTS AT 823 AND 841 LOS CIERVOS STREET - TRACT 1834, APPLIED FOR BY GREG SLOWINSKI DATE: MAY 22, 2001 RECOMMENDATION: Staff recommends that the City Council adopt the attached Resolution conditionally approving Lot Line Adjustment Case No. 01-004. FUNDING: No fiscal impact. BACKGROUND: The project site is approximately 1.3 acres in size and consists of two residential lots. The purpose of the lot line adjustment is to adjust the size of Lot 26 increasing the distance between the residence and the eastern property line. The properties are located on the western edge of Tract 1834, Rancho Grande - the Highlands Phase 4(Attachment 1). Lot 26 abuts a 33-foot easement for sewer, storm drain and access purposes which would remain unaffected by the proposed Lot Line Adjustment. Lot 26 will increase by 1,650.79 square feet along the southeastern boundary. The site slopes steeply from Lot 26 to Lot 27 from the proposed boundary line. Lot 26 and Lot 27 are developed with newly constructed single-family residences. DISCUSSION: The proposed lot line adjustment would reconfigure the two (2) lots as follows: EXISTING AND PROPOSED LOT SIZES The Rancho Grande Planned Development requires that all development be substantially as shown on the Master Conceptual Plan and conform to the conditions City Council Staff Report Lot Line Adjustment No. 01-004 May 22, 2001 Page 2 of approval for the subdivision (Tract 1834). Maximum building size for residences in the Highlands is determined by a formula according to lot size. The existing residences do not exceed the maximum building size allowed with the adjusted lot size. Setbacks set forth in the Conditions of Approval for Tract 1834 include specific distances for lots on Los Ciervos Street. The side yard setback must be 10% of the width of the lot but in no case are they required to exceed ten feet. The side yard setbacks for the adjusted lots still exceed these requirements. The Staff Advisory Committee reviewed the lot line adjustment on April 24, 2001 (Attachment 2). Staff did not have any issues with the proposal. As adjusted, the lots meet the minimum requirements of the Development Code and the Planned Development. Because the site is located in the Planned Development District, the City Council must approve the Lot Line Adjustment. On May 15, 2001, the Planning Commission held a public hearing and recommended that the City Council approve the Lot Line Adjustment (Attachment 3). PUBLIC COMMENTS: A public notice was sent to all property owners within 300 feet of the proposed project, and a public notice was placed in the Times-Press-Recorder. Staff has not received any written comments to date. ENVIRONMENTAL ASSESSMENT: Staff has reviewed this project in compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines and the City of Arroyo Grande Rules and Procedures for Implementation of CEQA. Based on the review, staff has determined that the project is Categorically Exempt pursuant to Section 15305 of the CEQA Guidelines. Attachments: Resolution approving Lot Line Adjustment Case No. 01-004 Exhibit "A": Conditions of Approval Exhibit "B": Lot Line Adjustment 1. Site Location Map 2. April 24, 2001 SAC Meeting Notes 3. Planning Commission Resolution No. 01-1791 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING LOT LINE ADJUSTMENT CASE NO. 01-004 FOR TWO (2) LOTS, LOCATED AT 841 AND 823 LOS CIERVOS STREET, APPLIED FOR BY GREG SLOWINSKI WHEREAS, the applicant has filed Lot Line Adjustment Case No. 01-004 for two (2) lots located at 841 and 823 Los Ciervos Street; and WHEREAS, the Planning Commission of the City of Arroyo Grande has held a public hearing on Lot Line Adjustment Case No. 01-004 in accordance with City Code; and WHEREAS, the Planning Commission has found that this project is consistent with the City's General Plan and Development Code; and WHEREAS, the Planning Commission reviewed this project under the provisions of the California Environmental Quality Act (CEQA) and has determined that the project is Categorically Exempt under Section 15305 of the CEQA Guidelines; and WHEREAS, the City Council has reviewed and considered the information presented at the public hearing, the staff report and other information and documents that are part of the public record; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, that the following circumstances exist: The proposed Lot Line Adjustment does not: 1. Create any new lots. 2. Include any lots or parcels created illegally. 3. Impair any existing access or create a need for access to any adjacent lots or parcels. 4. Impair any existing easements or create a need for any new easements serving adjacent lots or parcels. 5. Constitute poor land planning or undesirable lot configurations due to existing environmental conditions or current zoning development standards. 6. Require substantial alteration of any existing improvements or create a need for any new improvements. 7. Create a nonconforming lot in the development district, in which it exists, except as allowed in Section 9-10.100 of the Development Code. RESOLUTION NO. PAGE 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande approves Lot Line Adjustment Case No. 01-004 with the above findings and subject to the conditions as set forth in Exhibit "A", and in conformance to Exhibit "B" both of which are attached hereto and incorporated herein by this reference. On motion by Council Member by the following roll call vote, to wit: , seconded by Council Member , and AYES: NOES: ABSENT: the foregoing Resolution was adopted this 22nd day of May 2001. RESOLUTION N0. PAGE 3 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY EXHIBIT "A" CONDITIONS OF APPROVAL LOT LINE ADJUSTMENT CASE NO. 01-004 823 and 841 Los Ciervos Street (T-1834 Lots 26 and 27) GREG SLOWINSKI COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes: 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. This application shall automatically expire on May 15, 2003 unless the Certificate for Lot Line Adjustment, in conformance with Exhibit "B", is recorded or an extension is granted pursuant to Section 9-02.140.C. of the Development Code. 3. The applicant shall agree to defend at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in anyway relating to the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. PUBLIC WORKS DEPARTMENT CONDITIONS GENERAL CONDITIONS 1. Fees - The applicant shall pay all applicable City fees at the time they are due. 2. Recording - The Lot Line Adjustment shall be finalized by recording Certificates of Compliance or a Lot Line Adjustment Map, and by subsequent deed transfers. PRIOR TO RECORDING THE CERTIFICATE OF COMPLIANCE: 3. Preliminary Title Report - A current preliminary title report shall be submitted to the Director of Public Works prior to checking the final documents. 4. Tax Certificate - In accordance with Section 9-15.130 of the Development Code, the applicant shall furnish a certificate from the tax collector's office indicating that there are no unpaid taxes or special assessments against the property. ��C�f l � l T "� „ �� �� O � b �si � 7 ATTACHMENT I � �o W F- N � a �� . ...� N ... ... -. ...Ry���. . I w- � � �� a � -k � �, �' o � ^ � SAC Meeting Notes April.24, 2001 Page 2 ATTACHMENT 2 DRAFT ��,..e4,..,r,��„n�.��...�..,. The SAC did not have any c�„o,�rp.��s:M°�1�:'"Mc�l'ish explained to the applicant that the project would go before the PI '�mission on May 15, 2001. Because the project is in a PD Zone it will also have to ard by the City Council. C. 1. Applicant: 2. Representative: 3. Case Number: 4. Proposal: 5. Location: 6. Staff Contact: Greg Slowinski Greg Slowinski Lot Line Adjustment Case No. 01-004 The applicant is requesting to adjust a lot line between two (2) residential lots. 841 Los Ciervos - Lot 26 and 27 Teresa McClish Teresa McClish, Associate Planner, stated that the applicant, Mr. Slowenski was requesting a lot line adjustment because his house sits very near to the lot line and he wanted to have more yard space. Ms. McClish stated that the lots would remain conforming, it would not effect any easements, and the access would remain the same. Rodger Olds, Public Works Department, stated that he had no problem with the project. Ms. McClish asked about the issue of "toe to bluff" with this lot and Mr. Olds and Mr. Schmidt stated that it did not apply in this case. D. 1. Applicant: 2. Representative: 3. Case Number: 4. Proposal: 5. Location: 6. Staff Contact: Russell Sheppel Kim Hatch, Pults and , Planned Sign Program The applicant is pr�,pe Professional PI� a:'� 880 Oak P���c'Blvd. Kelly H�f��rnon �o. 01-002 signage for installation for the Oak Park Kelly Heffernon, Associate Planner, ,�."'ated that this was a revised Planned Sign Program for the Oak Park Medical Plaza. Ms. Heffern stated that there was an existing monument sign that was going to change location along James y, and it should be placed close to the entrance. The plans show 3 directory signs and only tw are allowed. The square footage of the directory signs is all right. Ms. Heffernon explained that e applicant was allowed one wall sign, per business, per frontage. Ms. Heffernon aske r. Hatch to please put the summary of all the square footage of the signs on the legend for the pla . There were no details for the Sheppel office building sign. Ms. Heffernon asked for this so that e could calculate it into the sign program. Larry Sch ' t, Building Department, stated that the applicant would need a permit if there were any electrical the signs. They also needed to have handicapped signage to announce that the site was handica ed accessible. Mr. Schmidt stated that it did not have to be incorporated into the sign progra but it might be easier to do so. Ro er Olds, Public Works Department, stated that if there were any flood lights they should be p ted down so there did not shine in the eyes of the passing motorists. If moving of the monument s' n causes any damage to the sidewalk the applicant will have to pay the City. Also, if moving the ign requires equipment or work being done to be in the City right-of-way, the applicant will need an encroachment permit. Ms. Heffernon asked that the revisions are made to the plans and then, if everything has been turned Attachment 3 RESOLUTION NO. 01-1791 A RESOLUTION OF THE CITY OF ARROYO GRANDE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE LOT LINE ADJUSTMENT CASE NO. 01-004 FOR TWO (2) LOTS, LOCATED AT 841 AND 823 LOS CIERVOS STREET, APPLIED FOR BY GREG SLOWINSKI WHEREAS, the applicant has filed for a Lot Line Adjustment Case No. 0't-004 for two (2) lots located at 841 and 823 Los Ciervos Street; and WHEREAS, the Planning Commission of the City of Arroyo Grande has held a public hearing on Lot Line Adjustment Case No. 01-004 in acco�dance with City Code; and WHEREAS, the Planning Commission has found that this project is consistent with the City's General Plan and Development Code; and WHEREAS, the Planning Commission has reviewed this project under the provisions of the California Environmental Quality Act (CEQA) and has determined that the project is Categorically Exempt under Section 15305 of the CEQA Guidelines; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing that the lots were legally created and the following findings exist: Findings Reaarding Lot Line Adjustment The Planning Commission h�s approved or conditionally approved a Lot Line Adjustment that does not: 1. Create any new lots. 2. Include any lots or parcels created illegally. 3. Impair any existing access or create a need for access to any adjacent lots or parcels. 4. Impair any existing easements or create a need for any new easements serving adjacent lots or parcels. 5. Constitute poor land planning or undesirable lot configurations due to existing environmental conditions or current zoning development standards. Resolution No. 01-1791 Lot Line Adjustment 01-004 May 15, 2001 Page 2 of 2 6. Require substantial alteration of any existing improvements or create a need for any new improvements. 7. Create a nonconforming lot in the development district, in which it exists, except as allowed in Section 9-10.100 of the Development Code. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande recommends that the City Council approve Lot Line Adjustment Case No. 01-004 with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion by Commissioner following roll call vote, to wit: , seconded by Commissioner , and by the AYES: NOES: ABSENT: the foregoing Resolution was adopted this 15th day of May 2001. ATTEST: Kathleen Fryer, Commission Clerk AS TO CONTENT: Kerry McCants Community Development Director Joseph M. Costello, Chair 9.b. CITY OF ARROYO GRANDE CITY COUNCIL MEETING NOTICE OF P�IBLIC HEARING AND ENVIRONMENTAL DETERMINATION NOTICE IS HEREBY GIVEN that the City Council of the City of Arroyo Grande will hold a Public Hearing on the following project: Case No.: Conditional Use Permit 01-005, Lot Line Adjustment 01-001 Applicant: Russ Sheppel Location: 880 Oak Park Blvd. Environmental Determination: Mitigated Negative Declaration Representative: Kim Hatch, Pults and Associates Project Description: The City Council will consider a Conditional Use Permit to construct a 25,000 square foot medical office and surgery center. The proposed Lot Line Adjustment is to reconfigure the six (6) existing lots into four (4). In compliance with the Califomia Environmental Quality Act, the Community Development Department has prepared a Draft Mitigated Negative Declaration on the above project. The Draft Mitigated Negative Declaration is available for review at the Community Development Department. If the City Council does not feel that a Negative Declaration is appropriate, project approval will not be considered. Any person affected or concerned by this application may submit written comments to the Administrative Services Department before the City Council hearing, or appear and be heard in support of or opposition to the project and the environmental impacts at the time of the hearing. Any person interested in the proposals can contact the Community Development Department at 214 E. Branch Street, Arroyo Grande, California, during normal business hours (8:00 A.M. to 5:00 P:M.), Monday through Friday. IF YOU CHALLENGE AN ITEM IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY COUNCIL AT, OR PRIOR TO, THE PUBLIC HEARING. FAILURE OF ANY PERSON TO RECEIVE THE NOTICE SHALL NOT CONSTITUTE GROUNDS FOR ANY COURT TO INVALIDATE THE ACTION OF THE LEGISLATIVE BODY FOR WHICH THE NOTICE WAS GIVEN. Date and Time of Hearing: Place of Hearing: Tuesday, May 22, 2001 at 7:00 P.M. Arroyo Grande City Council Chambers 215 E. Branch Street Arroyo Grande, California 93420 ��.��. Kelly etm re, Director of Administrative Services/ Deputy City Clerk Publish 1T, Friday, May 11, 2001 /pRROy\ � .� � � O INCORPORATED \ V T * JULY 10, 1911 ,* c4 � � F ORN� TO: FROM: BY: MEMORANDUM CITY COUNCIL KERRY McCANTS COMMUNITY DEVELOPMENT DIRECTOR �J � �� KELLY HEFFERNON � ASSOCIATE PLANNER SUBJECT: CONDITIONAL USE PERMIT CASE NO. 01-005 TO CONSTRUCT A MEDICAL OFFICE AND SURGERY CENTER AND LOT LINE ADJUSTMENT CASE NO. 01-001 RECONFIGURE SIX LOTS INTO FOUR; 880 OAK PARK BOULEVARD; RUSS SHEPPEL DATE: MAY 22, 2001 RECOMMENDATION: The Planning Commission recommends the Council: 1. Adopt a Resolution adopting a mitigated negative declaration, instructing the Director of Administrative Services to file a Notice of Determination, and approving Conditional Use Permit Case No. 01-005; and 2. Adopt a Resolution approving Lot Line Adjustment Case No. 01-001, located at 880 Oak Park Boulevard. FUNDING: No fiscal impact. BACKGROUND: The Planning Commission considered the proposed project on May 1, 2001. After discussing issues related to traffic impacts, noise, and parking, the Planning Commission unanimously recommended approval of the project to the City Council (reference Attachment 2 for Planning Commission meeting minutes). Staff has amended the conditions of approval relating to these issues per Planning Commission direction. Project Description The project site is located on the southeast corner of James Way and Oak Park Boulevard in the Highway Service (H-S) District of the Oak Park Acres Planned Development (PD 1.1). The 3.74-acre site is identified as the Oak Park Professional Plaza (the Plaza), which is developed with a medical office building City Council CUP 01-005; LLA 01-001 May 22, 2001 Page 2 of 4 (Sheppel 1), and another medical office building is currently under construction (Sheppel 2). Also approved for development on this site is a health club facility (Kennedy Club Fitness). The applicant is proposing to develop the remaining property with a 25,000 square foot medical office and surgery center and related parking (Sheppel 3). As part of the previous approval for the Plaza, a Master Plan was developed that established a shared access, parking and drainage easement agreement. This easement agreement encumbers four of the six original parcels. A new easement agreement is proposed that will connect all of the final developed parcels. A lot line adjustment is also proposed that will reconfigure and reduce the six (6) existing parcels into four (4). The two tables below summarize the project specifications as they compare to Development Code requirements. PD 1.1 (H-S) AND DEVELOPMENT CODE STANDARDS Parking Setbacks Height Lot Floor Landscaping (see Master Coverage Area Plan parking Ratio analysis be%w1 Development Front: 3 ft. COde 100 spaces Side: none 35 ft. 50% max. 0.5 5.0% min. Requirements Rear: none max. max. Proposed Front: 70 ft. 148 spaces W. Side: 15 ft. 32 ft. to 15% 0.32 17.5% E. Side: 140 ft. top of Rear: 12 ft. tower (from ave. grade) �AK PARK PROFESSIONAL PLAZA MASTER PLAN PARKING ANALYSIS # Of Spaces Required # Of Spaces Proposed (1 s ace er 250 s.f, of f/oor areal Sheppel 1 17,56o s.f.1 30 20 Sheppel 2(11,335 s.f.) 45 30 Kennedy 1�9,00o s.f.l 76 57 Sub-tota/ 151 107 Net Difference 151-107 = 44 spaces short Sheppel 3 125,000 s.f.) 100 148 Total for Master Plan 251 255 Total Difference 255 — 251 = 4 spaces ovei City Council CUP 01-005; LLA 01-001 May 22, 2001 Page 3 of 4 DISCUSSION: Lot Line Adiustment The proposed lot line adjustment would reconfigure the six (6) lots as follows: EXISTING AND PROPOSED LOT SIZES Existing Proposed Parcel 1: 0.42 acres t 0.41 acres t Parcel 2: 0.57 acres ± 0.56 acres t Parcel 3: 0.59 acres ± 1.86 acres t Parcel 4: 0.93 acres ± 0.91 acres t Parcel 5: 0.51 acres t n/a Parcel 6: 0.71 acres ± n/a t Total: 3.73 acres ± 3.74 acres t The minimum lot size in the H-S District is 10,000 square feet, or 0.23 acres. All of the proposed lots exceed the 100-foot minimum lot width requirement. Traffic Impacts The traffic analysis prepared for the project (Penfield & Smith, dated April 16, 2001 and amended May 1, 2001) anticipates that the project will generate a total of 903 daily trips, with 92 trips in the PM peak hour (reference Attachment A of the Initial Study for a copy of the traffic analysis). The report concludes that based on the existing traffic volumes, the five study intersections will continue to operate at LOS C or better with the added project traffic. The report further concludes that under the cumulative conditions, the study area intersections would continue to operate at LOS C or better, assuming the Camino Mercado/West Branch Street intersection is signalized. Based on this analysis, traffic impacts are considered to be less than significant, and recommended mitigation includes payment of the project's proportional share of the City's traffic transportation facilities and signalization fees. It was also determined that the project could have a peak parking demand of 103 spaces. The current project site plan provides for 142 shared spaces and will therefore meet the anticipated parking demand. Impacts to Biological Resources Because the project site is located adjacent to Meadow Creek, a Biological Resources Assessment was prepared (Morro Group, dated January 31, 2001) that evaluated potential impacts to sensitive plant and wildlife species known to exist on or near the project area. The report recommends specific mitigation measures for protection of sensitive resources within the creek corridor, which have been included in the Negative Declaration and incorporated into the conditions of approval. City Council CUP 01-005; LLA 01-001 May 22, 2001 Page 4 of 4 ENVIRONMENTAL ASSESSMENT: A Mitigated Negative Declaration was completed for the project, and circulated for public comment. The comment period ended on May 1, 2001. No comments were received. The Final Mitigated Negative Declaration is included as Attachment 7. CONCLUSION: The project is consistent with the General Plan and zoning designations for the site. The project has received favorable review by the SAC, ARC, and Planning Commission, and would provide a well-designed facility in an important and visible location. ALTERNATIVES: The following alternatives are presented for Council consideration: 1. Approve the Planning Commission's recommendation and adopt resolutions; 2. Modify the Planning Commission's recommendation and adopt the resolutions; or 3. Take tentative action to deny the project application and direct staff to prepare the appropriate resolution for City Council action. If the Council selects alternative 3, staff will return with the appropriate resolution/or resolutions at a later meeting. Attachments: Resolution approving Conditional Use Permit Case No. 01-005 Exhibit "A": Conditions of Approval Exhibits "B1 — B10": Project Plans Resolution approving Lot Line Adjustment Case No. 01-001 Exhibit "A": Conditions of Approval Exhibit "B": Lot Line Adjustment 1. Location Map 2. Planning Commission Meeting Minutes of May 1, 2001 3. City Council Meeting Minutes of April 10, 2001 (Pre-Application) 4. SAC Meeting Notes of February 21, 2001 5. ARC Meeting Notes of March 5, 2001 6. ARC Meeting Notes of April 2, 2001, 2000 7. Initial Study and Final Mitigated Negative Declaration Attachment A: Traffic Analysis dated April 16, 2001 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE DECLARATION, INSTRUCTING THE DIRECTOR OF ADMINISTRATIVE SERVICES TO FILE A NOTICE OF DETERMINATION, AND APPROVING CONDITIONAL USE PERMIT CASE NO. 01-005, LOCATED AT 880 OAK PARK BOULEVARD, APPLIED FOR BY RUSSELL SHEPPEL WHEREAS, the City Council of the City of Arroyo Grande has considered Conditional Use Permit Case No. 01-005, filed by Russell Sheppel, to construct a 25,000 square foot medical office and surgery center; and WHEREAS, the City Council has held a public hearing on this application in accordance with the City Code; and WHEREAS, the City Council has found that this project is consistent with the General Plan and the environmental documents associated therewith; and WHEREAS, the City Council has reviewed this project in compliance with the California Environmental Quality Act (CEQA►, the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has determined that a Mitigated Negative Declaration can be adopted; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: FINDINGS FOR APPROVAL Conditional Use Permit Findings: 1. The proposed use is permitted within the Highway Service (H-S) District of the Oak Park Acres Planned Development (PD 1.1) pursuant to Section 9-03.050 of the Development Code, and complies with all applicable provisions of the Development Code, the goals and objectives of the Arroyo Grande General Plan, and the development policies and standards of the City. 2. The proposed use will not impair the integrity and character of the district in which it is to be established or located because the proposed use is similar to surrounding uses. 3. The site is suitable for the type and intensity of use or development that is proposed because all the necessary easements, circulation, parking and setbacks would be provided. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure the public health and safety. 5. The proposed use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity because the proposed project would not create adverse environmental impacts. RESOLUTION NO. PAGE 2 Architectural Review Findings: 1. The proposal is consistent with the "General Architectural Review Guidelines" for the City of Arroyo Grande. 2. The proposal is consistent with the text and maps of the Arroyo Grande General Plan, and the City of Arroyo Grande Development Code. 3. The proposal will not be detrimental to the health, safety, comfort and general welfare of the persons residing or working in the neighborhood of the proposed project. 4. The general appearance of the proposed building is consistent with the character of the neighborhood because the size and design are consistent with other buildings in the vicinity. 5. The proposal is not detrimental to the orderly and harmonious development of the City. 6. The proposal will not impair the desirability of investment or occupation in the neighborhood. Required CEQA Findings: 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act (CEQA), for Conditional Use Permit Case No. 01-005. 2. Based on the initial study, a Mitigated Negative Declaration was prepared for public review. A copy of the Mitigated Negative Declaration and related materials is located at City Hall in the Community Development Department. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the City Council adopts a negative declaration and finds that there is no substantial evidence of any significant adverse effect, either individually or cumulatively on wildlife resources as defined by Section 71 1.2 of the Fish and Game Code or on the habitat upon which the wildlife depends as a result of development of this project. Further, the Council finds that said Mitigated Negative Declaration reflects the City's independent judgment and analysis. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby adopts a Mitigated Negative Declaration, instructs the Director of Administrative Services to file a Notice of Determination, and approves Conditional Use Permit Case No. 01-005, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. RESOLUTION NO. PAGE 3 On motion by Council Member , seconded by Council Member and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was adopted this day of 2001. RESOLUTION NO. PAGE 4 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, ADMINISTRATIVE SERVICES DIRECTOR/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY RESOLUTION NO. PAGE 5 I �:/:1 I -3 � il/_�il CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 01-005 Russell Sheppel 880 Oak Park Boulevard COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the construction of a 25,000 square foot medical of#ice and surgery center. 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Conditional Use Permit Case No. 01-005. 3. This application shall automatically expire on May 22, 2003 unless a building permit is issued. Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from the original date of expiration. 4. Development shall occur in substantial conformance with the plans presented to the City Council at the meeting of May 22, 2001 and marked Exhibits "B1 — B10". 5. The applicant shall agree to defend at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in anyway relating to the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fee's which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. DEVELOPMENT CODE 6. Development shall conform to the Highway Service (H-S) zoning requirements of the Oak Parks Planned Development except as otherwise approved. 7. Signage shall be subject to the requirements of Development Code Chapter 9- 13. RESOLUTION NO. PAGE 6 8. Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans except as specifically modified by these conditions. 9. All parking spaces adjacent to a wall, fence, or property line shall have a minimum width of 1 1 feet. NOISE 10. Construction shall be limited to between the hours of 8 a.m. and 6 p.m. Monday through Friday and between 8 a.m. and 5 p.m. on Saturday or Sunday. LIGHTING 11. All lighting for the site shall be downward directed and shall not create spill or glare to adjacent properties. WATER 12. All new construction shall utilize fixtures and designs that minimize water usage. Such fixtures shall include, but are not limited to, low flow shower heads, water saving toilets, instant water heaters and hot water recirculating systems. Water conserving designs and fixtures shall be installed prior to final occupancy. SOLID WASTE 13. Solid waste pick-up location as identified is acceptable. 14. Trash enclosures shall be reserved exclusively for dumpster and recycling container storage. Miscellaneous tires, auto parts, boxes, bins, racks, etc., will not be allowed within the enclosure. PRIOR TO ISSUING A BUILDING PERMIT: 15. A landscaping and irrigation plan shall be prepared by a licensed landscape architect subject to review and approval by the Community Development Department and Parks and Recreation Department. The landscaping plan shall include the following: a. Tree staking, soil preparation and planting detail; b. The use of landscaping to screen ground-mounted utility and mechanical equipment; c. The required landscaping and improvements. This includes: 1. Deep root planters shall be included in areas where trees are within five #eet (5') of asphalt or concrete surfaces and curbs; RESOLUTION NO. PAGE 7 2. Water conservation practices including the use of low flow heads, drip irrigation, mulch, gravel, drought tolerant plants and mulches shall be incorporated into the landscaping plan; and 3. An automated irrigation system. 16. All walls, including screening and retaining walls, shall be compatible with the approved architecture and Development Code Standards, subject to the review and approval of the Community Development Director. PRIOR TO OCCUPANCY: 17. Development shall comply with Development Code Sections 9-10.070, "Fences, Walls and Hedges"; 9-10.080, "Lighting"; 9-10.110, "Performance Standards"; and 9-10.120 "Screening Requirements". 18. Prior to paint or stucco color coat being applied to the building, the applicant shall paint a test patch on the building including all colors. The remainder of the building may not be painted until inspected by the Community Development Department or Building and Fire Department to verify that colors are consistent with the approved color board. A 48-hour notice is required for this inspection. ARCHITECTURAL REVIEW COMMITTEE 19. All ducts, meters, air conditioning equipment, and other mechanical equipment, whether on the ground, on the structure or elsewhere, shall be screened from public view with materials architecturally compatible with the main structure. 20. On the final Landscape Plan, the Chinese Elm trees shall be replaced with London Plane trees. All trees shall be 15-gallon or large.r. 21. All electrical panel boxes shall be installed inside the building. PARKS AND RECREATION DEPARTMENT CONDITIONS 22. The applicant shall comply with the provisions of Ordinance 431 C.S., the Community Tree Ordinance. 23. Linear root barriers shall be used at the front of the project to protect the sidewalks. 24. All street front trees shall be 24-inch box. RESOLUTION NO. PAGE 8 POLICE DEPARTMENT PRIOR TO ISSUING A BUILDING PERMIT: 25. The applicant shall submit an exterior lighting plan for Police Department approval. PRIOR TO OCCUPANCY: 26. The applicant shall install a burglary alarm system per Police Department guidelines, and pay the Police Department alarm permit application fee. 27. The applicant shall post handicapped parking, per Police Department requirements. BUILDING AND FIRE DEPARTMENT 28. The project shall comply with the most recent editions of the California State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. 29. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. 30. The project shall have a fire flow of 1,500 gallons per minute for a duration of 4 hours. PRIOR TO OCCUPANCY: 31. The applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. 32. The applicant must provide an approved "security key vault" per Building and Fire Department guidelines. 33. The building must be fully sprinklered per Building and Fire guidelines. 34. The applicant shall install an opticom traffic signal pre-emption device at one of the three signalized intersections on Oak Park Boulevard at the direction of the Building and Fire Department Director. RESOLUTION NO. PAGE 9 PUBLIC WORKS DEPARTMENT GENERAL IMPROVEMENT REQUIREMENTS 35. Fees - The applicant shall pay all applicable City fees at the time they are due. (For your information, the "Procedure for Protesting Fees, Dedications, Reservations or Exactions" is provided below). PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR EXACTIONS: (A)Any party may protest the imposition of any fees, dedications, reservations, or other exactions imposed on a development project, for the purpose of defraying all or a portion of the cost of public facilities related to the development project by meeting both of the following requirements: (1) Tendering any required payment in full or providing satisfactory evidence of arrangements to pay the fee when due or ensure performance of the conditions necessary to meet the requirements of the imposition. (2) Serving written notice on the City Council, which notice shall contain all of the following information: (a) A statement that the required payment is tendered or will be tendered when due, or that any conditions which have been imposed are provided for or satisfied, under protest. (b) A statement informing the City Council of the factual elements of the dispute and the legal theory forming the basis for the protest. (B) A protest filed pursuant to subdivision (A) shall be filed at the time of the approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. (C) Any party who files a protest pursuant to subdivision (A) may file an action to attack, review, set aside, void, or annul the imposition of the fees, dedications reservations, or other exactions imposed on a development project by a local agency within 180 days after the delivery of the notice. (D) Approval or conditional approval of a development occurs, for the purposes of this section, when the tentative map, tentative parcel map, or parcel map is approved or conditionally approved or when the parcel map is recorded if a RESOLUTION NO. PAGE 10 tentative map or tentative parcel map is not required. (E) The imposition of fees, dedications, reservations, or other exactions occurs, for the purposes of this section, when they are imposed or levied on a specific development. 36. Site maintenance - The developer shall be responsible during construction for cleaning city streets, curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of dirt or debris to storm drain or sanitary sewer facilities shall not be permitted. The cleaning shall be done after each day's work or as directed by the Director of Public Works or the Community Development Director. 37. Encroachment Permit - The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. 38. Grading - All grading shall be done in accordance with the City Grading Ordinance. PRIOR TO ISSUING A BUILDING PERMIT: 39. Improvements required - All project improvements shall be designed and the plans approved in accordance with the City of Arroyo Grande Standard Drawings and Specifications, except as may be modified by these conditions of approval. The following improvement plans shall be prepared by a registered Civil Engineer and approved by the Public Works Department: a. Grading, drainage and erosion control. b. Street paving, curb, gutter and sidewalk. c. Striping and signage plan for James Way. d. Public utilities. e. Water and sewer. 40. Site Plan Requirements - The site plan shall include the following: a. The location and size of all water, sewer and storm water facilities within the project site and abutting streets or alleys. b. Location, quantity and size of all sewer laterals. c. The location, size and orientation of all trash enclosures. d. All parcel lines and easements related to the property. e. The location and dimension of all paved areas. f. The location of all public or private utilities. _ __ RESOLUTION NO. PAGE 11 41. Lot Line Adjustment - A building permit shall not be issued until documents have been recorded to finalize Lot Line Adjustment Case No. 01-001. 42. Reciprocal easements - Private easements shall be recorded (or shown to exist) for all reciprocal easements as depicted in the revised Master Plan for the Oak Park Professional Plaza as approved by the City Council on July 13, 1999. 43. Drainage design — The applicant shall submit an engineering study regarding flooding related to the project site. The study shall be prepared for the approval by the Director of Public Works. Any portions of the site subject to flooding from a 100-year storm shall be shown on the recorded map or other recorded document, and shall be noted as a building restriction. 44. Drainage impacts — The proposed parking lots shall be designed as storm water detention basins to decrease peak flow to Meadow Creek. The design shall be reviewed and approved to the satisfaction of the Public Works Director. 45. Waterline - The waterline shall be raised where new fill results in cover that exceeds 5 feet. The public water easement shall be 15-feet wide. 46. Parking lot design — The parking lot shall be designed as follows: a. The cross slope on parking lot driving lanes shall not exceed 5 percent. b. The main parking lot entrance path shall be designed to handle trash truck loads (TI = 5.0). c. The driveway entrance shall be constructed with curb returns, cross- concrete and spandrels. d. The parking lot spaces shall utilize double line striping 47. Inspection agreement - Prior to approval of any improvement plans, the applicant shall enter into an agreement with the City for inspection of the required improvements. 48. Soils report - A preliminary soils report shall be prepared by a registered civil engineer and supported by adequate test borings. All earthwork design and grading shall be performed in accordance with the approved soils report. 49. Adjacent structures - The grading plan design shall include measures to protect the adjacent structures from damage due to the construction. 50. Landscape approvals - Landscape and irrigation plans are required within the public right of way, and shall be approved by the Community Development and Parks and Recreation Departments, and Public Works Department. 51. Utility company review - All public improvement plans shall be submitted to the public utility companies for review and comment. Utility comments shall be forwarded to the Director of Public Works for approval. RESOLUTION NO. PAGE 12 52. Plan submittals - Upon approval of the improvement plans, the applicant shall provide a reproducible mylar set and 3 sets of prints of the improvements for inspection purposes. Prior to acceptance of the improvements, the� applicant shall provide reproducible mylars, and 2 sets of prints of the approved record drawings (as builts), and electronic (e.g. Autocad) files where available. 53. Recorded documents - All easements, abandonments, or similar documents to be recorded as a document separate from a map, shall be prepared by the applicant on 8'/Z' x11" City standard forms, and shall include legal descriptions, sketches, closure calculations, and a current preliminary title report. The applicant shall be responsible for all required fees, including any additional required City processing fees. 54. Traffic Signal Design — All plans related to the traffic signal at Camino Mercado and West Branch Street shall be completed, and approval by the City and Caltrans shall be obtained. 55. Fee reimbursement — The developer shall implement the design and installation of the Camino Mercado — West Branch Street signalization improvements, as described in Mitigation Measure No. 81. The City will reimburse the developer for the design and construction costs for the signalization improvements, if such funds become available for the improvement project, and to the extent that such costs exceed the developer's responsibility to pay traffic signalization fees. The improvements that are included in the reimbursement are the signal installation, related signage and striping, and island modification. The widening of West Branch Street is not included. Should other projects in the deve/opment review process be conditioned to construct a traffic signal at the same /ocation, the first projecf fo obtain a building permit shall be required to construct fhe tra�c signal and enter into a reimbursement agreement with the City. 56. Reimbursement Agreement — Prior to signal plan approval, the developer shall enter into a reimbursement agreement with the City. The reimbursement agreement shall include the method to determine the amount of reimbursement. Requirements will be set forth in the reimbursement agreement to ensure that the installation of the signal, and execution of the signal contract, is consistent with projects paid for by local public funds. PRIOR TO OCCUPANCY: 57. Signal Timing - The applicant shall be responsible for developing a coordinated signal timing for the signalized intersections of Oak Park Blvd. and West Branch St., and Oak Park Blvd. and EI Camino Real, installing any necessary equipment, and reprogram the existing signals to run off of the new coordinated timing. The applicant shall coordinate with Caltrans and City forces. RESOLUTION NO. PAGE 13 58. Improvement bonding - All project improvements shall be constructed prior to occupancy, except for non-essential improvements, which may be guaranteed by an agreement, and financial securities as provided for in Section 9-15.070 of the Development Code. 59. Concrete repairs — Cracked or broken concrete sidewalks on the property shall be repaired. 60. Road repairs and Restriping - James Way shall be repaired to a structural section capable of supporting a TI = 6.0 across the property frontage and to the center of the street. James Way shall also be restriped to accommodate the new driveway entrance, as required by the director of Public Works. 61. Onsite private fire lines - Private onsite fire sprinkler lines shall be connected to the public water system with a backflow prevention assembly. The backflow assembly shall be painted green. Fire department connections shall be painted red and located per the Fire Department requirements. 62. Onsite public fire lines — The on-site water system, which supplies water to fire hydrants, shall be a public facility. This will require public improvement plans and dedication of a 15-foot wide easement. 63. Water-sewer crossings - All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. 64. Water meters - Water meters shall be located in the public sidewalk or as approved by the Director of Public Works. Separate meters may be used for irrigation. 65. Sewer Connection — The onsite sewer system shall be private and shall connect to the public sewer system in a single location. Sewer laterals larger than 4 inches shall connect to the public system at a manhole. 66. Undergrounding of utilities - All new public utilities shall be installed as underground facilities. All existing overhead public utilities shall be placed underground, including all overhead wires and service poles onsite, along the frontage and within 6 feet of side and rear yard lines. 67. Utilities operational - All public utilities shall be operational. RESOLUTION N0. PAGE 14 MITIGATION MEASURES A negative declaration with mitigation measures has been adopted for this project. The following mitigation measures shall be implemented as conditions of approval and shall be monitored by the appropriate City department or responsible agency. The applicant shall be responsible for verification in writing by the monitoring department or agency that the mitigation measures have been implemented. Mitigation Measures: 68. To address specific conditions concerning grading, utility trenches, foundations, retaining walls and drainage, the contractor or builder shall adhere to the mitigation measures identified in the Geotechnical Engineering report by Earth Systems Pacific dated January 29, 2001. 69. Construction operations, especially grading operations, shall be confined as much as possible to the dry season, in order to avoid erosion of disturbed soils. 70. Permanent soil control measures identified in the landscape plans shall be implemented as soon as possible following completion of soil disturbing activities. 71. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with fast-germinating native grass seed and watered until vegetation is established. For Mitigation Measures No. 68-71: Monitoring: Review of grading plans and site inspections Responsible Department: Public Works Department Timeframe: Prior to issuance of grading permit 72. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: Implement an individual water program that utilizes fixtures and designs that minimize water usage. The calculations shall be submitted to the Director of Public Works for review and approval. The proposed individual water program shall be submitted to the City for approval prior to implementation; or, pay an in lieu fee. Monitoring: Review of individual water program or payment of the in lieu fee Responsible Department: Public Works Department Timeframe: Prior to issuance of building permit RESOLUTION NO. PAGE 15 73. All new construction shaU utilize fixtures and designs that minimize water usage. Such fixtures shall include, but are not limited to, water saving toilets, instant water heaters and hot water recirculating systems. Water conserving designs and fixtures shall be installed prior to final occupancy. Monitoring: Review of building plans Responsible Department: Building and Fire Department Timeframe: Prior to issuance of building permit 74. All landscaping shall be consistent with water conservation practices including the use of drought tolerant landscaping, drip irrigation, and mulch. To the greatest extent possible, lawn areas and areas requiring spray irrigation shall be minimized. Monitoring: Review of landscaping and irrigation plans Responsible Department: Parks & Recreation Department Timeframe: Prior to issuance of building permit 75. The applicant shall provide detailed drainage calculations indicating that increased run-off can be accommodated by existing facilities and/or provide on-site retention basins to the satisfaction of the Director of Public Works. Monitoring: Review of grading plans Responsible Department: Public Works Department Timeframe: Prior to issuance of a grading permit 76. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the late� morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. 77. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. 78. All vehicles hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard Iminimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. (This measure has the potential to reduce PM, emissions from this source by 7 — 14%1. 79. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. (This measure has the potential to reduce PM, emissions from this source by 40 — 70%). 80. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used RESOLUTION NO. PAGE 16 where feasible. (This measure has the potential to reduce PM, emissions from this source by 25 - 60%). For Mitigation Measures No. 76-80: Monitoring: Review of grading and building plans and site inspections Responsible Depts: Public Works, Building & Fire Departments shall inspect plans and spot check in the field Timeframe: Prior to issuance of a grading, permit and during construction 81. The applicant shall install a traffic signal at the intersection of Camino Mercado and West Branch Street. The applicant and the City shall enter into a reimbursement agreement providing that the City shall reimburse the applicant the difference in costs between the signal installation and the project's Signalization Impact fee. The applicant may be reimbursed for those costs to the extent that signalization impact fees are available and programmed for this project. Should other projects in the deve%pment review process be conditioned to construct a traffic signal at the same location, the first p�oject to obtain a building permit shall be required to construct the traffic signal and enter into a reimbursement agreement with the City. Monitoring: The applicant shall install one traffic signal. The traffic signal shall be operational. Responsible Department: Public Works Department Timeframe: Prior to issuance of Certificate of Occupancy 82. The applicant shall pay the City's Transportation Facilities Impact fee prior to issuance of building permit. Monitoring: The applicant shall pay the fees Responsible Department: Building & Fire Department Timeframe: Prior to issuance of building permit 83. Prior to site construction, on-site focused surveys for Pismo clarkia and San Luis mariposa lily shall be conducted during their respective flowering periods. If these species are found during the surveys, site work shall not proceed without direction from the CDFG. 84. A qualified biological monitor shall be retained to periodically review implementation of agency conditions of approval. The frequency of such monitoring will be determined by the reviewing agencies and specified within agency-issued conditions of approval. RESOLUTION NO. PAGE 17 85. Private and construction vehicle traffic shall be limited to those areas away from the eastern edge of the Sheppel property to reduce the likelihood of bank failure and subsequent sedimentation to Meadow Creek. 86. Siltation/sedimentation control measures shall be implemented along the entire eastern property boundary prior to site construction. Such control measures shall include sediment fences and/or hay bales placed into the hinge of the bank of Meadow Creek. Erosion/sediment control barricades shall be placed around the perimeter of each construction zone with the potential to drain to Meadow Creek. 87. To reduce surface water runoff and sedimentation into Meadow Creek, site earthwork shall be limited to those months within the established dry season (April 15 through October 15) unless otherwise approved by the Director of Public Works. 88. Soil shall not be stockpiled in areas located near the eastern property margin adjacent to Meadow Creek, or in areas that have potential to drain to Meadow Creek. Stockpiled soil should be properly covered at all times to avoid wind and water erosion, and consequent siltation to Meadow Creek. 89. No heavy equipment shall be allowed within the Meadow Creek corridor. Construction necessary within the Meadow Creek corridor near the bank hinge shall be performed from the top of the bank and not from within the Creek corridor. For Mitigation Measures No. 83-89: Monitoring: Review of grading and building plans and site inspections Responsible Department: Public Works Department Timeframe: Prior to issuance of building permit 90. All construction equipment shall be provided with well-maintained, functional mufflers to limit noise. 91. All construction activities shall comply with the time limits specified by the Arroyo Grande Municipal Code. 92. To the greatest extent possible, grading and/or excavation operations at portions of the site bordering developed areas should occur during the middle of the day to minimize the potential for disturbance of neighboring noise sensitive uses. RESOLUTION NO. PAGE 18 For Mitigation Measures No. 90-92: Monitoring: Responsible Department: Timeframe: Notes shall be placed on the construction plans referencing the above measures. 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RR ��a ag� �_ :'C�°:" o�3N ti �� � �~ ~ �!�'��p�� �� DY' ^2 �t� �i�0 0� �'��� C^ � f 3 ��� �� Z� � � � � � � •: : _�� � v �R �^� �� Y; ��; ^ 1 � � V � �~�n�R ��i R �^ ���� a' � e°� � o. �Y ■����R �`�1� � o � � �: �� gR �R�R ° g= � � g� =� �� g�:��� �5� � �� � ° ���oa� N� � � i � z n � � 1 z 0 � `s:ri ������g� * � � � �f � � � �� �� � � � � � Y:� Y X Y F "� X X " � � X X � � �° e � `" t�i �" a �� �r r 1 �,����� � n �� �� �a � �� � R I X X c � %i� � � � ���� � h 7 S 9 f� ��� � �i E ' i � i M s � c .: � } s. .�� ��� g � : x .i A ��. • M C n H .. � C � u • � � n � � F F ~ � r�� � ��� � 1i1"T # �O� � �4e`� ��f �� ; t f t:1.' �� �� ' t'� � �r. u rt�et� �� RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING LOT LINE ADJUSTMENT CASE NO. 01-001, LOCATED AT 880 OAK PARK BOULEVARD, APPLIED FOR BY RUSSELL SHEPPEL WHEREAS, the applicant has filed for a Lot Line Adjustment Case No. 01-001 in conjunction with a Conditional Use Permit Case No. 01-005 to reconfigure six (6) lots into four (4), located at 880 Oak Park Boulevard; and WHEREAS, the City Council of the City of Arroyo Grande has held a public hearing on Lot Line Adjustment Case No. 01-001 in accordance with City Code; and WHEREAS, the City Council has found that this project is consistent with the City's General Plan and Development Code; and WHEREAS, the City Council has reviewed this project under the provisions of the California Environmental Quality Act (CEQA) and has determined that the project is Categorically Exempt under Section 15305 of the CEQA Guidelines; and WHEREAS, the City Council finds, after due study, deliberation and public hearing that the lots were legally created and the following findings exist: Findings Reqardinca Lot Line Adiustment The City Council has approved or conditionally approved a Lot Line Adjustment that does not: 1. Create any new lots. 2. Include any lots or parcels created illegally. 3. Impair any existing access or create a need for access to any adjacent lots or parcels. 4. Impair any existing easements or create a need for any new easements serving adjacent lots or parcels. 5. Constitute poor land planning or undesirable lot configurations due to existing environmental conditions or current zoning development standards. 6. Require substantial alteration of any existing improvements or create a need for any new improvements. 7. Create a nonconforming lot in the development district, in which it exists, except as allowed in Section 9-10.100 of the Development Code. RESOLUTION NO. PAGE 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves Lot Line Adjustment Case No. 01-001 with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion by Council Member , seconded by Council Member and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was adopted this day of 2001. RESOLUTION NO. PAGE 3 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, ADMINISTRATIVE SERVICES DIRECTOR/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY RESOLUTION NO. PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL LOT LINE ADJUSTMENT CASE NO. 01-001 Russell Sheppel 880 Oak Park Boulevard COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the reconfiguration of six (6) existing lots into four (4) lots. 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Lot Line Adjustment No. 01-001. 3. This application shall automatically expire on May 22, 2003 unless the Lot Line Adjustment is finalized. Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from the original date of expiration. 4. Development shall occur in substantial conformance with the plans presented to the City Council at the meeting of May 22, 2001 and marked Exhibit "B". 5. The applicant shall agree to defend at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in anyway relating to the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fee's which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. DEVELOPMENT CODE 6. Development shall conform to the Highway Service (H-S) zoning requirements of the Oak Parks Planned Development except as otherwise approved. RESOLUTION NO. PAGE 5 7. The developer shall comply with Development Code Chapter 9-04, "Land Divisions". 8. The developer shall comply with Development Code Chapter 9-14, "Dedications, Fees and Reservations." PUBLIC WORKS DEPARTMENT GENERAL CONDITIONS 9. Fees - The applicant shall pay all applicable City fees at the time they are due. 10. Recording - The Lot Line Adjustment shall be finalized by recording a Lot Line Adjustment Parcel Map, and by subsequent deed transfers. 11. Encroachment Permits - The applicant shall be responsible for obfiaining an encroachment permit for all work within a public right of way. PRIOR TO RECORDING THE LOT LINE ADJUSTMENT PARCEL MAP: 12. Preliminary Title Report - A current preliminary title report shall be submitted to the Director of Public Works prior to checking the final documents. 13. Tax Certificate - In accordance with Section 9-15.130 of the Development Code, the applicant shall furnish a certificate from the tax collector's office indicating that there are no unpaid taxes or special assessments against the property. 14. Sewer easement - The location of the existing sewer line shall be verified by survey. If determined necessary by the Director of Public Works, the existing sewer easernent shall be relocated to conform. All public sewer easements shall be widened from 10' to 15'. 15. Water easement - All existing easements for public waterlines shall be widened from 10' to 15'. PRIOR TO ISSUING A BUILDING PERMIT: 19. Certificate of Compliance - A Lot Line Adjustment Parcel Map shall be recorded with all pertinent conditions of approval satisfied. p � F �W �N�N 0 � � �' > N �� I:y� 0�2 �� m�i�i � W � n O n O � O r� g �g h p �� N ^ W g h w M M h� N M w x w x����� �MM '�f^ p 6 O� C C M M M M y : y � � � ! q �f � t , a � O � Q � R4G � u `�59 w p � Ci �C O V •.• wi K M1 K 1 � :: R: "t � � ������ � ���� N WOO4444 �444 � � Q � 4� Z �OA �� Z y�W V; y C xO `� N V 26 3 �� � � e � r � Y r .r w �'" � � � V 'w � � l ! 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YM S3iYV! � � � ti - - - ib' _ ' ' _ ' b _ _ _ K � •�. ... �� �� i � y '� �7������ , �� �~ �m�� .�b�*�.�� ARROYO GRANDE PLANNING COMMISSION DRAFT MINUTES MAY 1, 2001 PAGE 3 ATTACHMENT 2 II. D. CONDITIONAL USE PERMIT CASE NO. 01-005 AND LOT LINE ADJUSTMENT 01- 001; LOCATION - 880 OAK PARK BLVD.; APPLICANT - RUSS SHEPPEL; REPRESENTATIVE - KIM HATCH, PULTS AND ASSOCIATES Associate Planner, Kelly Heffernon, presented the staff report stating that the project site is located on the corner of James Way and Oak Park Boulevard in the Oak Park Professional Plaza. The entire plaza property is about 3.7 acres in size and is developed with a medical office building. Currently under construction on the property is another medical office building, and approved for development is the Kennedy Club Fitness Center. The applicant is proposing to develop the remaining 1.8 acres with a split-level, 25,000 square foot medical office and surgery center with related parking. As part of the previous approval for the Plaza, a Mas#er Plan was developed that established a shared access, parking and drainage easement agreement. A new easement agreement is proposed that will connect all of the final developed parcels and provide more than adequate parking. Also proposed is a lot line adjustment that would reconfigure the 6 existing lots into 4, to better reflect development on the property. The proposed structure has three levels, with the third level containing an elevator tower element. The building will be set into the existing topography, allowing grade entries on both levels 1 and 2 similar to the other Sheppel buildings. Because of the sloping topography, the proposed structure will be lower in height than the other buildings on the site. The building design and materials are also consistent with the other Sheppel buildings, including plaster walls, hip roofs, metal canopies and wall tiles for accent. The proposed project meets all relevant Development Standards for the Highway Service District of the Oak Park Acres Planned Development. This includes height requirements, parking, setbacks, lot coverage and landscaping. As part of the environmental review process, a traffic study was prepared which concluded that the Level of Service on surrounding intersections would remain at an acceptable level with the addition of traffic from the proposed development. This analysis was based on the assumption that the Camino Mercado/West Branch Street intersection would be signalized. Given that a signal is warranted at this intersection, the project is conditioned to install the signal subject to reimbursement from the City up to the amount of the project's signalization impact fee. This condition is contingent upon other projects in the review process that have a similar requirement. Essentially, the first project to obtain a building permit that has this condition, such as the Camino Mercado office project, shall be required to construct the traffic signal and enter into a reimbursement agreement with the City. Condition no. 54 further requires the timing of the signals along Oak Park Boulevard to be coordinated prior to issuance of building permit. Staff suggests that this condition be modified to state "prior to occupancy" because of the time necessary to obtain Caltrans approval. A biological study was also conducted as part of the environmental review process to evaluate potential impacts to biological resources associated with Meadow Creek. ARROYO GRANDE PLANNING COMMISSION DRAFT MINUTES MAY 1, 2001 PAGE 4 Suggested mitigation measures from the report have been included in the conditions of approval. Condition no. 85 should be modified to state that the frequency of monitoring "will be determined by the reviewing agencies and specified� within agency-issued conditions of approval." The other reviewing agencies include California Department of Fish and Game, Regional Water Quality Control Board and the Army Corps of Engineers, which all have different monitoring requirements depending on their specific areas of concern. One final suggested modification is to condition no. 34. For clarification purposes, this condition should state, "The applicant shall install an opticom traffic signal pre-emption device at one of the three signalized intersections on Oak Park Boulevard at the direction of the Building and Fire Department Director." The Planning Commission discussed the project with regards to traffic, parking and ingress and egress. Chair Costello was concerned that the development outside of the City limits was not included in the traffic study. Chair Costello opened the public hearing. Kim Hatch, Pults and Associates, made a brief presentation to the Planning Commission and discussed some of the issues raised by the Cornmission. With regards to a question from Commissioner Fowler concerning the lack of any entry to the project from Oak Park Blvd., Mr. Hatch explained that the topography of the site did not permit ingress and egress from Oak Park. Mr. Hatch also explained how the parking ratios were arrived at with regards to the Kennedy Health Club. Commissioner Brown, Mr. Hatch, and Ms. Heffernon discussed how any biological issues with the site would be managed during the construction pe�iod. Carrie Randolph, 1310 Sierra Drive, spoke to the Planning Commission stating that she had concerns about the traffic that would be generated with this project. Rav Bunnell, owner of the adjacent property (Casa Grande Inn) stated that, because the construction site was so close to his motel, he would prefer that any construction not commence until 8:00 A.M. Steve Orosz, Penfield and Smith, and the Planning Commission discussed the results of the traffic study prepared by Mr. Orosz. Chair Costello requested that Mr. Orosz explain how the data that was gathered was translated into the final numbers for the �eport. Russell Sheppel, applicant, spoke briefly to the Commission, explaining his project, and his desire to build a medical/surgical for the community. Carol Landsman, Landscape Architect, spoke to the Planning Commission and stated that the landscape materials that were being use had been chosen carefully because of the proximity of Meadow Creek. They had also used materials that would allow water conservation. She was concerned because one of the tree types that had been proposed, ARROYO GRANDE PLANNING COMMISSION DRAFT MINUTES MAY 1, 2001 PAGE 5 a type of Elm tree, had been changed by the ARC to a London Piane tree. The London Plane is a deciduous tree, whereas the type of Elm that was originally proposed was an evergreen and can be planted closely together to create a canopy effect. After a brief discussion, Mr. McCants suggested that this issue be referred to the Parks, Recreation and Facilities Director, Dan Hernandez, for a final determination on the type of tree that should be used. Chair Costello closed the public hearing. Commissioner Keen moved that the Planning Commission adopt• RESOLUTION NO. 01-1786 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION, INSTRUCT THE DIRECTOR OF ADMINISTRATIVE SERVICES TO FILE A NOTICE OF DETERMINATION, AND APPROVE CONDITIONAL USE PERMIT CASE NO. 01-005, LOCATED AT 880 OAK PARK BOULEVARD, APPLIED FOR BY RUSSELL SHEPPEL includinq Exhibit A with modifications. Commissioner Guthrie seconded the motion. The motion was aaproved with the following roll call vote: ROLL CALL VOTE YES Commissioner Brown YES Commissioner Fowler YES Commissioner Guthrie YES Commissioner Keen YES Chair Costello Commissioner Keen moved that the Planning Commission adopt: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING LOT LINE ADJUSTMENT CASE NO. 01-001, LOCATED AT 880 OAK PARK BOULEVARD, APPLIED FOR BY RUSSELL SHEPPEL including Exhibit A. Commissioner Brown seconded the motion. The motion was aaproved by the following roll call vote: ARROYO GRANDE PLANNING COMMISSION MINUTES MAY 1, 2001 PAGE 6 ROLL CALL VOTE YES Commissioner Brown YES Commissioner Fowler YES Commissioner Guthrie YES Commissioner Keen YES Chair Costello ITEM. III. NON-PUBLIC HEARING ITEMS NONE DRAFT ITEM. IV. DISCUSSION ITEMS The Planning Commission discussed a possible date to hold a joint meeting with the ARC. It was decided that staff should try to set up the meeting in late June or July. ITEM. V. PLANNING COMMISSION ITEMS AND COMMENT The Planning Commission discussed the upcoming review of the General Plan draft documents and the public hearing sessions that will be held. The Commission decided that they would prefer to hold two meetings in a row in order to finish the review and not have to come back after a week ITEM. VI. COMMUNITY DEVELOPMENT DIREGTOR COMMENTS AND FOLLOW-UP REPORTS ITEM. VII. ADJOURNMENT On motion of Commissioner Keen, seconded by Commissioner Brown, the meeting was adjourned at 9:50 p.m. to the next scheduled meeting on March 6, 2001. Kathleen Fryer, Commission Clerk AS TO CONTENT: Kerry McCants Community Development Director John Keen, Vice-Chair C1TY COUNCIL MINUTES APR1L 10, 2001 PAGE 3 None. ATTACHMENT 3 11.a. Authorizatl�qn to Waive Application Fees and Use City Property for the March of Dirrl�s Walk America on Saturday, May 5, 2001. Community Developme Director McCants presented the staff report. Staff recommended the Counc adopt a Resolution authorizing the waiver of permit application fees and use of ity property for the 15�'. Annual March of Dimes Walk America to be held on May 5, 2 1. . Mayor Lady opened up the item for p lic comment. Pete Dougall, 801 � Mesa Drive and C munity Director for the March of Dimes WalkAmerica, spoke on behalf of the prop al and stated he was available to answer questions. Council Member Runels asked how many people Mr. Dougall responded about 450. Hearing no further public comments, Mayor Lady brought for consideration. ted in the event last year. issue back to the Council Council Member Lubin moved to adopt a Resolution authorizing e waiver of permit application fees and use of City property for the 15�' Annual Mar of Dimes Walk America to be held on May 5, 2001. Council Member Runels seconded e motion, and on the following roll-call vote, to wit: AYES: Lubin, Runels, Ferrara, Lady NOES: None ABSENT: Dickens There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to b 11.b. Pre Application Review Case No. 00-010 to Construct a Medical Office and Surgery Center; 800 Oak Park Blvd; Russ Sheppell � Associate Planner Heffernon presented the staff report. She stated the applicant was requesting feedback on a proposed project to be located on the corner of James Way and Oak Park Boulevard in the Oak Park Professional Plaza. She stated the entire CITY COUNCIL MINUTES APRIL 10, 2001 PAGE 4 plaza property is about 3.7 acres in size and the applicant is proposing to develop the remaining 1.8 acres with a split-level, 25,000 square foot medical office and surgery center with related parking. She staCed fhe proposed project meets all relevant Development Standards for the Highway Service District of the Oak Park Acres Planned Development, including height requirements, setbacks, lot coverage and landscaping. Associate Planner Heffernon responded to questions from Council regarding the progress of the other two buildings on the site; and explained the concept of the proposed elevator tower. Mayor Lady opened up the item for public comment. Kim Hatch, Pultz & Associates, representing the applicant, spoke regarding the potential for a group of doctors to locate in a similar facility to be located across the street in Pismo Beach; the desire for moving the project forward for Council to preview in order to meet requirements for tenant leasing commitments; the construction currently under way on Building 1; clarification that the building permits were close to being pulled for Building 2; and clarification regarding height limits for the proposed elevator tower. Council Member Dickens arrived and took his place at the dais at 7:28 p.m. Ray Bunnell, Casa Grande Inn, spoke in support of the project. He expressed concern regarding the existing easements through the property and said he wanted to ensure that they were maintained. , Hearing no further public comments, Mayor Lady brought the issue back to Council for consideration. � Further Council discussion and comments included whether or not there were any other surgery centers located in the South County; the importance of securing potential tenant leases for the medical office; the capacity of the surgery center; that the proposed parking is more than adequate; the proposed project is consistent with the existing development and completes the master plan for the Plaza; and that they would like to see the project applications processed in a timely manner. Council Member Lubin announced that as a precautionary measure, he would have 10 step down due to a potential conflict of interest involving possible tenants of the project. There was unanimous support of the •Council regarding the project as proposed. No action was taken on this item. Council Member Lubin returned to the dais. 12. CITY COUNCIL MEMBER ITEMS None. SAC Meeting Notes February 21, 2001 Page 5 ATTACHMENT 4 to sh the relocation of the existing City water and gas lines. Mr. Taylor stated that he was very pleased to t e that the "monopine" pole looked so good. Larry Schmidt, Building D ment, stated that the project would require a soils report. The applicant and the SAC discussed ossibility of installing a pole that is higher, possibly 80 feet, if another cellular company wanted to co-loca d use the same pole. Ms. Heffernon told the applicant that the Architectural Rev Committee would review the project on March 5, 2001. Terry Fibich, Fire Department, asked where the City's communications would b ated on the pole? Mr. Chiu stated that the City would have priority location. E. 1. Applicant: Russell Sheppell 2. Representative: Kim Hatch, Pults and Associates 3. Case Number: Conditional Use Permit Case No. 01-005; Lot Line Adjustment 01- 001 4. Proposal: The applicant is proposing to construct a 25,000 square foot Medical-Surgical facility. 5. Location: 880 Oak Park Blvd. 6. Staff Contact: Kelly Heffernon Kelly Heffernon, Associate Planner, stated that the SAC had reviewed a pre-application on this project three months ago. The project was a 25,000 square foot Medical-Surgical faciJity. The applicant has acquired the "back" parcel, closest to the creek for parking. Ms. Heffernon stated that this was a "Master Plan" area with shared parking and access. Ms. Heffernon told Mr. Hatch that the plans showed building heights of 40 feet and the City's height limit in this PD zone was only 35 feet and if the applicant wanted to pursue this height, a variance would be needed. Mr. Hatch asked Ms. Heffernon to explain the criteria for measuring building height. Ms. Heffernon stated that it was measured from the average grade of the property. Ms. Heffernon stated that staff would need a"perspective of the building" so it could be determined where the average grade was. She asked if any occupancy was proposed in the "towers" of the building or were they only decorative? Mr. Hatch stated that occupancy was proposed in these towers. He said that this would also be used for the elevator height and access to the mechanical equipment on the roof. Ms. Heffernon stated that there would not be an issue if this were for elevator height Ms. Heffernon stated that the applicant would have to submit plans for the Lot Line Adjustment application. She stated she wanted the plans to show existing lot lines and proposed lot lines; existing square footage and proposed square footage. Larry Schmidt, Building Department, stated that: • The emergency access easement must remain. • The curb cut must also remain. SAC Meeting Notes February 21, 2001 Page 6 Rodger Olds, Public Works Department, stated that: ' • The applicant needs to add the offsite topography along the east and south boundaries to the plans. • Keep the lots lower so that the retaining wall would not have to be so high. • Island in parking lot has to be cut out to allow proper access. • Ten percent cross slope is not acceptable, a five percent cross slope is the maximum allowed. • The parking lot dimensions require a 2-foot overhang and landscaping. • There are no utility poles on the site that need to be placed underground. • Has the 40-foot private road easement that is still shown on the plans been abandoned? • Public Works needs the information for the Lot Line Adjustment. • The grading is going to add about 2 feet of fill over the sewer line. The City will need a 15-foot wide easement for the sewer and water lines to allow room for repair if necessary. • If the fill increases the depth of the water line beyond five feet, the water line will have to be raised. • General improvement requirements will have to be done. • Parking lot entrance will have to be designed to handle a Trash Truck (TI = 5.0) and proper curb returns, cross-concrete and spandrels. • The parking lot will need double striping. . • Repair cracking of street and sidewalks along James Way for the total of property frontage • James Way needs to be re-striped to allow for new turn lanes. • The existing driveway ramp is proposed to be closed, and the new driveway lines up existing church driveway across the street. This will provide an opportunity to us dedicated left turn lanes for the opposing driveways. have the with the : shared • The applicant shall submit an engineering study regarding flooding related to the project. Any portions of the site subject to flooding from a 100-year storm shall be shown on the recorded map or other recorded document, and shall be noted as a building restriction. Shane Taylor, Public Works Department stated that there are serious problems in this area with downstream drainage. The SAC and Mr. Hatch discussed this problem. There was a discussion of the proposed parking and whether it was over or under "parked". Staff discussed the parking requirements that were necessary for a medical/surgical office complex and felt that the project was not "over parked". � Dan Hernandez, Parks, Recreation and Facilities Director stated that: • No Oleander to be planted. • Deep root barriers for all planters within six feet of curb. • On the landscape plan the PC has been mislabeled as PA. • The number of plants must be shown on the landscape plans. Larry Schmidt, Building Department stated that: • The fire flows need to be 1500 gallon per minute for 4 hours. • Knox Box � • Discussed the circulation in the parking lot with regards to fire access. The outside turning radius should be 55 degrees and the inside 35 degrees. 111. Written Communications/Staff Comments - None IV. Adjournment — 11:45 p.m. Notes ARC Meeting March 5, 2001 Page7of8 With the follo all vote: AYES 4 NOES: 0 PRESENT: 4 ATTACHMENT 5 F. Russ Sheppel, Conditional Use Permit 01-001 for a Medical Office and Surgery Center, located at 880 Oak Park Blvd. Kelly Heffernon said the applicant is proposing to develop the remaining property of an already approved Master Plan, with a 25,000 square foot medical office and surgery center with related parking. The project is located on James Way and Oak Park Blvd., in the Oak Park Health Plaza. Kim Hatch, Representative from Pults and Associates, displayed color boards and site plans and described in detail the key elements of the project. The intent was to break up the massing of this building so as to resemble the massing of the smaller Sheppel building that is up hill from it. The ARC discussed at length the grade, the building height, and the drainage to nearby wetlands of this site. Kim Hatch said that Fish & Game had been informed of the filter system for the drainage and he described how it worked. He said it was checked annually and evaluated and if needed the sand in the filter replaced. He also said that there is a system on site to retain water and keep the flow at the existing historical low rate. Committee Members agreed that the landscape plan was inadequate and had errors. The following were ARC comments and suggestions for the landscaping: 1. Mix the Liquidamber with several other trees. There is also a "Carnival" Liquidamber, which would provide a different calor from the purple Liquidamber. 2. Have some trees of substance such as Coast Redwoods instead of the small Australian Willow, and maybe limit the number of Coast Live Oaks because they take a long time to reach any stature. 3. Have fewer exotic plants. Palms are not natural to the area and undesirable, especially along the drainage basin where there is a natural wetland. It would be preferable to see native darker green foliage. 4. The Committee decided they would like to see a corrected landscape plan at the next ARC meeting of April 2, 2001. Notes ARC Meeting March 5, 2001 Page 8 of 8 Chet Kielan asked about the tile/slate for the entry court to the building? Mr. Hatch said green slate is being used for the Sheppel No. 2 building entryway, and something similar might be used. A more natural material unique to this building is being sought, but has not yet been found. Warren Hoaa said he liked the fact that the Sheppel buildings each kept the same basic profile and massing, but each design had been tweaked a little. He suggested the slate should be checked so as to accent the building and at the same time be harmonious with rest of the site, but not colored to be all exactly the same. The Committee decided that they would also like to see the slate detail at the next Committee meeting. Committee Member Hodges made a motion, seconded by Committee Member Fellows, to recommend approval of this project as submitted to the Planning Commission contingent on seeing a landscape plan, and materials for the front entry facade, at the next ARC meeting. With the following roll call vote: AYES 4 NOES: 0 PRESENT: 4 IV. Written Communications/Staff Comments None V. Adjournment The meeting was adjourned at 4:30 p.m. The next meeting is scheduled for Monday April 2, 2001. ATTACHMENT 6 DRAFT NOTES CITY OF ARROYO GRANDE ARCHITECTURAL REVIEW COMMITTEE (ARC) MONDAY, APRIL 2, 2001 The meeting of City of Arroyo Grande Architectural Review Committee was called to order at 3:1 m. Roll Call: Present were Com ' ee Members, Warren Hoag, Chair, Chet Kielan, Vice Chair, Chuck Fellows, and new ommittee Member Melanie Hodges. Jamie Ohler was absent. Also present were taff inembers, Kerry McCants, Kelly Heffernon, Teresa McClish, and Lyn Reardon-S ' � Approval of Notes: The notes for the meeting of March , 001 were unanimously approved as submitted. I - Oral Communications None II. Projects A. Russ Sheppel, Conditional Use Permit 01-005, 880 Oak Park Blvd. Kelly Heffernon, Associate Planner, said the applicant is returning to the Committee for review of the revised landscape plans and to show materials for the front entry facade. In the PD zone the City requires the landscaping to be at least 5% of the site and the applicant has dedicated 17.5% of this site to landscaping. Kim Hatch, Pults & Associates, showed the Committee a sample of the slate chosen for the front entry fa�ade. The gold/green, gauged (all uniform and ground), natural slate, was chosen because of the green �color and because the gold would reflect the gold accents they are using in the gold covered canopy over the tiled entry area. The slate will probably be in 12" squares and will be treated with a coating that will give them more luster. On the other buildings he had used the same material, but the color was more of a uniform green. Chuck Fellows said he liked the changes on the landscape plans a lot, especially the Coast Redwoods, but thought that the previous plans had shown Sycamore (London Plane) trees where they were now showing Chinese Elms. The London Plane trees would be preferable because they have more of a spread than the Chinese Elm. Kim Hatch said he had not instructed the landscape architect to change those specific trees, but only to make the changes requested by the ARC. Notes ARC Meeting April 2, 2001 Page 2 of 7 DRAFT He would let the landscape architect know their preference and if there were an overriding reason for the change he would let the ARC know. The ARC made the following comments: 1. They liked the Coast Redwoods because they gave more of a native color along the riparian area. 2. They would like the 15 Chinese Elm replaced with London Plane trees. 3. The choices of shrubs and vines, natives and near natives are very good. Committee Member Ohler made a motion, seconded by Committee Member Hodges to recommend approval to the Planning Commission of the landscape plans and the slate for the entry, with a condition to replace the 15 Chinese Elm trees with London Plane trees. With the following roll call vote: AYES: 5 NOES: 0 PRESENT: 5 The fol%wing agenda items were taken out of order because the Committee was ahead of schedule: II . ISCUSSION ITEM - Agenda for the joint ARC/Planning Commission Meeting: Ke McCants suggested that the changes to the City's Design Guidelines for Histori istricts be an item for discussion. He distributed copies of suggestions from the eserve the Village " committee, for changes to the City's Design Guidelines for ' toric Districts that the City had recently received. The ARC agreed that discussion on changes to the City's Design Guidelines for Historic Districts coul e the main item for the agenda. In addition, they could explore other ideas for her joint meetings and how often the meetings should be held. B. Casa Grande Inn, Planned Sign Program 1-001, 850 Oak Park Blvd. Kelly Heffernon, Associate Planner, said t Planning Commission and the City Council originally approved the Planned Sig Program approximately two years ago and because of circumstances, the app tion has expired. The four proposed signs are basically the same as the ones reviously approved. There is a pole sign, a monument sign, and two wall signs. The pole sign is roughly two feet taller than the present sign to accommo e the Best Western corporate logo. /, aRROr � o � � INCORPORATE i V m * JULY 10. t9ii * c4 ��FOttN� P ATTACHMENT 7 CITY OF ARROYO GRANDE INITIAL STUDY AND DRAFT MITIGATED NEGATIVE DECLARATION 1. Project Title: 2. Lead Agency Name & Address: 3. Contact Person & Phone #: 4. Project Location: 5. Project Sponsor's Name & pddress: 6. General Plan Designation: 7. Zoning: Conditional Use Permit Case No. 01-005 Lot Line Adjustment 01-001 City of Arroyo Grande P.O. Box 550/214 E. Branch Street Arroyo Grande, CA 93421 Kelly Heffernon, Associate Planner (805) 473-5420 880 Oak Park Boulevard (Oak Park Professional Plaza) Arroyo Grande, CA 93420 Russ Sheppel 930 Camille Ln. Alamo, CA 94507 Oak Park Acres Planned Development #140 C.S. P.D. 1.1, H-S (Highway Services) 8. Project Description: The proposed project is to construct a 25,000 square foot medical office and surgery center near the southeast corner of Oak Park Boulevard and James Way in the Oak Park Professional Plaza. The Plaza is currently developed with a 7,560 sq. ft. medical office building and another 11,335 sq. ft. office building is under construction. An approved 19,000 sq. ft. � health club is also planned for the site. The development will require grading, street improvements, and utility construction to serve the commercial project. The Lot Line Adjustment is to reconfigure six (6) lots into four (4) to better define and maintain common easements for parking, access and drainage. 9. Other Agencies whose approval is required (and permits and/or licenses needed): CA Dept. of Fish and Game; Army Corps of Engineers. -1- DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. X I find that the proposal MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a"potentially significant impact" or "potentially significant unless mitigated". An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addr ss d / ��/ 0/ Signat Date ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a"POTENTIALLY SIGNIFICANT IMPACT" or "POTENTIALLY IS SIGNIFICANT UNLESS MITIGATED", as indicated by the checklist on the following pages. ❑ Land Use and Planning ❑ Population and Housing ■ Geophysical ■ Water ■ Air Quality ■ Transportation/Circulation ■ Biological Resources ❑ Energy and Mineral Resources ❑ Hazards ■ Noise ❑ Mandatory Findings of Significance O Public Services � Utilities and Service Systems 0 Aesthetics ❑ Cultural Resources ❑ Recreation EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required fo� all answers except No lmpact" answeis that are adequately supported by the informaiion sources a/ead agency cites in ihe parentheses fol%wing each quesiion. A"No Impact" question is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone►. A"No Impact" answer should be explained where it is based on project specific factors as well as general standards (e.g., the project will not expose sensitive �eceptors to pollutants, based on a project-specific screening analysis). 2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operations impacts. 3. "Potentially Significant Impact" is appropriate if an effect is significant or potentially significant, or is the lead agency lacks information to make a finding of insignificance. If there are one or more "Potentia►ly Significant Impact" entries when ihe determination is made, an EIR is required. 4. "Potentially Significant Unless Mitigated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a"Less than Significant Impact." The lead agency must describe the mitigation measures and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses", may be cross referenced.l 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c113)(D). Earlier analyses are discussed in Section XVII at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts le.g., general plans, zoning ordinances). A Source List should be attached and other sources used or individuals should be cited in the discussion. -2- Potentia/ty Potentia//y Signi�cant Less Than Issues (and Supporting Information Sources): SigniFcant Un/ess Significant No /mpact Mitigated /mpact /mpact I. LAND USE AND PLANNING. Wou/d the proposa/.• a) Conflict with general plan designation or zoning? (source #�s): 1,2,3,4) X b) Conflict with applicable environmental plans or policies � adopted by agencies with jurisdiction over the project? (source #Is): 1,6,7) X c) Affect agricultural resources or operations (e.g., impacts to soils or farmlands, or impacts from incompatible land usesl? Isource #(s): 9, 111 X d) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? (source #(s): 2,4,11) X 11. POPULATION AND HOUSING: Wou/d the proposa/.• a) Cumulatively exceed official regional or local population projections? (source #(s): 1,5,9) X b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? (source #Is): 9,10) c) Displace existing housing, especially affordable housing? (sou�ce #Is1: 9,10,11) III. GEOPHYSICAL: Wou/d the proposa/ resu/t in or expose peop/e to pofentia/ impacts invo/ving: a) Seismicity: fault rupture? (source #Is►: 5,6) b) Seismicity: ground shaking or liquefaction? (source #(s1: 5,6) c) Seismicity: seiche or tsunami? (source #Is►: 5,6) d) Landslides or mudslides? (source #Is1: 5,6) e) Erosion, changes in topography or unstable soils conditions from excavation, grading or fill? (source �Is►: 10) f) Subsidence of land? (source #(s): 5,6) g) Expansive soils? (source #Is1: 5,6) h) Unique geologic or physical features? (source #Is1: 5, 6,10,11) IV. WATER: Wou/d the proposa/ resu/t in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? (source #Is1: 10) b) Exposure to people or property to water related hazards such as flooding? (source #(s1: 8) c) Discharge into surface waters or other alteration of surface water quality Ie.g., temperature, dissolved oxygen or turbidity? (source #(s1: 9) X X X X X X X X X X X X X -3- Potentia//y Potentia//y Signi�cant Less Than Issues (and Supporting Information Sources): Signifcant Unless Significant No /mpact Mitigated /mpact /mpact d) Changes in the amount of surface water in any water body? (source #Isl: 9, 10) � X e) Changes in currents, or the course or direction of water movements? Isource #Isl: 9, 10) f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? (source #Is): 9, 10) g) Altered direction or rate of flow of groundwater? (source #Is1: 9, 10► h) Impacts to groundwater quality? (source #Is1: 9,10) i) Substantial reduction in the amount of water otherwise available for public water supplies? (source #(sl: 6) V. AIR aUALITY: Wou/d the proposa/.• a) Violate any air quality standard or contribute to an existing or projected air quality violation? (source #Is1: 7, 13) b) Expose sensitive receptors to pollutants? (source #(s): 10, 11) c) Alter air movement, moisture, or temperature, or cause any change in climate? (source #Is►: 9) d) Create objectionable odors? (source #(s1: 9,10) VI. TRANSPORTATION/CIRCULATION. Would the p�oposal resu/i in: a) Increased vehicle trips or traffic congestion? (source #(s1: 13) b) Hazards to safety from design features (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipmentl? (source �Isl: 9, 10) c) Inadequate emergency access or access to nearby sites? (source #(s1: 9, 10) d) Insufficient parking capacity on-site or off-site? (source #(s): 3, 9, 10) e) Hazards or barriers for pedestrians or bicyclists? (source #(s): 9, 10) f) Conflicts with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (source #Is1: 9, 10) VII. BIOLOGICAL RESOURCES. Would the proposal �esult in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? (source #Is1: 6) b) Locally designated species (e.g., heritage treesl? (source #Is): 10, 11 � c) Locally desig�ated natural communities (e.g., oak forest, coastal habitatl? (source #Is1: 10, 11 � X X X X X X X X X X X X X X X X X X -4- d) Wetland habitat (e.g., marsh, riparian and vernal pool�? (source #Is): 9, 11) e) Wildlife dispersal or migration corridors? (source #(s): 11) VIII. ENERGY AND MINERAL RESOURCES. Would the proposal.• a) Conflict with adopted energy conservation plans? (source #Is1: 1, 6) b) Use non-renewable resources in a wasteful and inefficient manner? (source #Isl: 9, 10) IX. HAZARDS. Wou/d the p�oposa/ involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiationt (source #(s►: 9) b) Possible interference with an emergency response plan or emergency evacuation plan? (source #(s): 9, 10) c) The creation of any health hazard or potential health hazard? (source #Is1: 9, 10) d) Exposure of people to existing sources of potential health hazards? (source #Is): 9,10,11) e) Increased fire hazard in areas with flammable brush, grass, or trees? (source #Is1: 10, 11) X. NOISE. Would ihe proposal result in: a) Increases in existing noise levels? (source #Is): 1, 9) b) Exposure of people to severe noise levels? (source #(s): 9, 10) XI. PUBLIC SERVICES. Wou/d the proposal have an effect upon, or resu/t in a need for new or altered governmeni services in any of the fol%wing areas: a) Fire Protection? (source #Is1: 6) b) Police Protection? (source #Is►: 6) c) Schools? (source #(sl: 6) d) Maintenance of public facilities, including roads? Isource #Isl: 6) e) Other governmental services? (source #Is): 6) XII. UTILITIES AND SERVICE SYSTEMS. Would the p�oposal result in a need for new sysiems, or substantial alterations to the fol%wing utilities: a) Power or natural gas? (source #(s1: 9, 10) b) Communications systems? (source #(s1: 9, 10) c) Local or regional water treatment or distribution facilities? (source #Is1: 6) d) Storm water drainage? (source #Is): 6) e) Solid waste disposal? (source #(s): 6) XIII. AESTHETICS. Would ihe proposal: a) Affect a scenic vista or scenic highway? (source #Is►: 1, 10, 11) X X X X X X X X X X . X X X X X X X X X X X X -5- b) Have a demonstrable negative aesthetic effect? (source #(s1: 9, 10, 111 c) Create light or glare? (source #Is1: 9,10) XIV. CULTURAL RESOURCES. Would ihe proposal: a) Disturb paleontologicai resources? (source #(s►: 6, 11) b) Disturb archaeological resources (source #Isl: 6, 11) c) Affect historical resources? (source #Is): 6, 11) d) Have the potential to cause a physical change which would affect unique ethnic cultural values? (source #(s): 11) e) Restrict existing religious or sacred uses within the potential impact area? (source #Is1: 10, 11 � XV. RECREATION. Would ihe proposal.• a) Increase the demand for neighborhood or regional parks or other recreational facilities? (source #Is1: 1, 3) b) Affect existing recreational opportunities? (source #Is1: 1, 5) XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife'species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short- term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X X X X X X X X X X X X X XVII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or oiher CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(cl(3)ID). In this case, a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed by earlier documents. c) Mitigation Measures. For effects that are "potentially significant" or "potentially significant unless mitigated", describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. �� SOURCE LIST: 1. City of Arroyo Grande General Plan 2. City of Arroyo Grande General Plan Land Use Map 3. City of Arroyo Grande Development Code 4. City of Arroyo Grande Zoning Map 5. City of Arroyo Grande Existing Setting and Community Issues Report 6. City of Arroyo Grande General Plan EIR 7. Air Pollution Control District Clean Air Plan 8. FEMA - Flood Insurance Rate Map 9. Project Description 10. Project Plans 11. Site Inspection 12. Ordinance 431 C. S. 13. Institute of Traffic Engineers Triq Generation Manual ENVIRONMENTAL SETTING: The project site is located on the southeast corner of James Way and Oak Park Boulevard in the Highway Service (H-S) District of the Oak Park Acres Planned Development (PD 1.1). The 3.74-acre site is identified as the Oak Park Professional Plaza, which is currently developed with a medical office building (Sheppel 1), and approved for development of a health club building (Kennedy Club Fitness) and another medical office building (Sheppel 2). The project site is west of and adjacent to Willow Creek. PROJECT DESCRIPTION: The project evaluated by this initial study is to develop the remaining 1.8 acres of the Plaza property with a 25,000 square foot medical office and surgery center and related parking (Sheppel 31. The proposed structure has three levels that will be set into the existing topography, allowing at grade entries to both levels 1 and 2. Because of the sloping topography, Sheppel building No. 3 will be lower in height than the other buildings on the site. Access to the site will be provided at an existing driveway off of James Way, just east of Oak Park Boulevard. Parking would be provided on site with the construction of 142 on-site parking spaces in addition to 108 existing parking spaces for the Oak Park Health Plaza. The project site is subject to an easement agreement for access, parking, circulation and drainage with adjacent parcels, and a new easement agreement is proposed that will connect all of the final developed parcels. On-site drainage will be accomplished by a drainage system that will convey runoff from both on-site and off-site sources. The project will be served by a public water system, and thus will have no direct or indirect impact on groundwater resources. EXPLANATIONS TO INITIAL STUDY CHECKLIST: 111. GEOPHYSICAL The project site has been the subject of previous grading activities. Other than standard construction grading and necessary design-specified soil compaction, the proposed project would not involve any substantial topographical changes. Impacts from geologic hazards are potentially significant if the proposed development could result in substantially increased erosion, landslides, soil creep, mudslides or unstable slopes. In addition, impacts are considered significant when people or structures would be exposed to major geologic hazards upon project implementation. -7- A Geotechnical Engineering Investigation has been prepared for the project (Earth Systems Pacific, January 29, 2001). The study includes an analysis of the following site concerns: differential settlement, expansive nature of the soil, potential for subsurface seepage, and continued erosion of the basin slope. The study concludes that the impacts will be avoided or minimized by implementation of recommended mitigation measures. Analysis of Significance: Potentially significant unless mitigated Mitigation Measures: 1. To address specific conditions concerning grading, utility trenches, foundations, retaining walls and drainage, the contractor or builder shall adhere to the mitigation measures identified in the Geotechnical Engineering report by Earth Systems Pacific dated January 29, 2001. 2. Construction operations, especially grading operations, shall be confined as much as possible to the dry season, in order to avoid erosion of disturbed soils. 3. Permanent soil control measures identified in the landscape plans shall be implemented as soon as possible following completion of soil disturbing activities. 4. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with fast-germinating native grass seed and watered until vegetation is established. Monitoring: Review of grading plans and site inspections Responsible Department: Public Works Department Timeframe: Prior to issuance of grading permit Based on the General Plan and review of the Alquist-Priolo Zone Fault maps,� the proposed project is not located on a known earthquake fault subject to rupture. The proposed project will be subject to the effects of periodic seismic events in the region, including ground shaking. However, exposure of people to these events can be mitigated to an acceptable level of risk by following Uniform Building Code development standards. Analysis of Significance: Less than significant IV. WATER Development of the proposed project would require water for both commercial use and landscape irrigation. The water consumption by this project would further reduce the City's supply of available water. This impact could be mitigated using water-conserving designs, fixtures and landscaping. Analysis of Significance: Potentially significant unless mitigated. Mitigation Measures: 5. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: Implement an individual water program that utilizes fixtures and designs that minimize water usage. The calculations shall be submitted to the Director of Public Works for review and approval. The proposed individual water program shall be submitted to the City for approval prior to implementation; or, � Pay an in lieu fee. Monitoring: Responsible Department: Timeframe: Review of individual water program or payment of the in lieu fee Public Works Department Prior to issuance of building permit 6. All new construction shall utilize fixtures and designs that minimize water usage. Such fixtures shall include, but are not limited to, water saving toilets, instant water heaters and hot water recirculating systems. Water conserving designs and fixtures shall be installed prior to final occupancy. Monitoring: Review of building plans Responsible Department: Building and Fire Department Timeframe: Prior to issuance of building permit 7. All landscaping shall be consistent with water conservation practices including the use of drought tolerant landscaping, drip irrigation, and mulch. To the greatest extent possible, lawn areas and areas requiring spray irrigation shall be minimized. Monitoring: Review of landscaping and irrigation plans Responsible Department: Parks and Recreation Department Timeframe: Prior to issuance of building permit DRAINAGE Development of the site will increase impervious surfaces, which in turn will change absorption rates and increase the amount of runoff. The project site is located in the Meadow Creek Watershed. Drainage from this area generally flows to the south. The project site is primarily located in Zone C, with a small section of the southeasterly border in Zone B, as shown on the Federal Emergency Management Agency Flood Insurance Rate Map. Detailed drainage calculations would be reviewed as part of the plan check process. Analysis of Significance Mitigation Measure: Potentially significant unless mitigated. 8. The applicant shall. provide detailed drainage calculations indicating that increased run- off can be accommodated by existing facilities and/or provide on-site retention basins to the satisfaction of the Director of Public Works. Monitoring: Review of grading plans Responsible Department: Public Works Department Timeframe: Prior to issuance of a grading permit The proposed project will not significantly change the quantity of ground water through direct additions or withdrawals, since the project description does not include improvements that would change ground water through these methods. The rate of flow or quality of groundwater is also not anticipated to change as a result of this project. Analysis of Significance: Less than significant � V. AIR aUALITY In addition to the vehicle trips generated by the project, construction activities would generate dust, which could cause potentially significant environmental impacts. In San Luis Obispo County, ozone and PM10 are the pollutants of primary concern, since state health-based standards for those are exceeded in portions of the county in most years. For this reason, San Luis Obispo County is considered to be in non-attainment of the state standards for both ozone and PM 10. The major sources of PM 10 include mineral quarries, grading, demolition, agricultural tilling; road dust and vehicle exhaust. Grading and construction of the project would occur over a period of months. Short-term impacts related to dust generation from site preparation and grading could result in dust generation that could affect adjacent properties. Conditions placed on the project would reduce short-term dust generation during construction of the project to less than significant levels. Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. The dust control measures listed below shall be followed during construction of the project, and shall be shown on grading and building plans. Analysis of Significance: Potentially significant unless mitigated Mitigation Measures: 9. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 �miles per hour. 10. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. 11. All vehicles hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114 (This measure has the potential to reduce PM 10 emissions from this source by 7-14%). 12. Install wheel washers where vehicles enter and exit unpaved roads only streets, or wash off trucks and equipment leaving the site. (This measure has the potential to • reduce PM10 emissions from this source by 40-70%1. 13. Sweep streets at the end of each day if visible soil material is carried only adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. (This measure has the potential to reduce PM10 emissions from this source by 25- 60%). Monitoring: Review of grading and building plans and site inspections Responsible Department: The Public Works and Building and Fire Departments shall inspect plans, and the Community Development Department shall spot check in the field Timeframe: Prior to issuance of grading permit -10- A traffic study was conducted in connection with the project (Penfield & Smith, January 31, 2001). The project is expected to generate 903 daily trips and 92 PM peak hour trips. Air quality impacts from the project would not exceed acceptable thresholds, and no significant air quality impact would be present. Analysis of Significance: Less than significant VI. TRANSPORTATION/CIRCULATION A traffic analysis was conducted to estimate the traffic impact for the project and assign the project trips to the local street system (Penfield and Smith, dated January 31, 2001 and updated April 16, 2001; reference Attachment A). The recently approved offices and health club facility located at the site are included in the analysis. The traffic analysis estimates that the project would generate 903 net new daily trips, with 61 net new AM peak hour trips and 92 trips for the PM peak hour. The study considered impacts to five intersections: Oak Park/James way; Oak Park /West Branch/NB 101 Ramp; Oak Park/EI Camino Real; Camino Mercado/West Branch/NB 1010 Ramps; and EI Camino Real/Brisco Road. The traffic analysis concludes that it is anticipated that all five intersections would continue to operate at acceptable levels (LOS C or better) with the addition of project traffic. However, the project traffic would contribute to the cumulative negative impact on the backbone circulation system. These long-range traffic impacts can be mitigated with implementation of the following measures. Analysis of Significance: Potentially significant unless mitigated. Mitigation Measures: 14. The applicant shall pay the City's Transportation Facilities Impact fee prior to issuance of building permit. Monitoring: The applicant shall pay the fees Responsible Department: Public Works Department Timeframe: Prior to issuance of a building permit 15. The applicant shall install a traffic signal at Camino Mercado and West Branch Street. The applicant and the City shall enter into a reimbursement agreement providing that the City shall reimburse the applicant the difference in costs between the signal installation and the project's Signalization Impact fee. The applicant may be reimbursed for those costs to the extent that signalization impact fees area available and programmed for the project. Should other projects in the development review process be conditioned to construct a traffic signal at the same location, the first project to obtain a building permit shall be required to construct the traffic signal and enter into a reimbursement agreement with the City. Monitoring: The applicant shall interconnect two signals and install one traffic signal Responsible Department: Public Works Department Timeframe: Prior to issuance of Certificate of Occupancy VII. BIOLOGICAL RESOURCES Th project lies on a 1.8-acre site west of and adjacent to Meadow Creek. A Biological Resources Assessment was prepared for the project in January 2001 (Morro Group). The study identified no -11- sensitive species, however several sensitive wildlife species have the potential to occur within the Meadow Creek corridor. The study included a wetland investigation that identified the presence of a. 0.09-acre, low value depressional wetland on the northeastern portion of the site. The study classifies the riparian community of Meadow Creek as a Central Coast Arroyo Willow Riparian Forest habitat. According to the study, there is a potential direct impact to two sensitive plants that may occur seasonally within the project area - the Pismo Clarkia and the San Luis mariposa lily. Analysis of Significance: Potentially significant unless mitigated Mitigation Measure: 16. Prior to site construction, on-site focused surveys for Pismo clarkia and San Luis mariposa lily shall be conducted during their respective flowering periods. If these species are found during the surveys, site work shall not proceed without direction from the CDFG. In addition, the study concludes that the project will affect an approximate 0.09-acre depressional wetland which functions to detain storm water runoff and recharge groundwater. The project is subject to Section 404 requirements under the Clean Water Act and is subject to regulations by the Regional Water Quality Control Board and the US Corps of Engineers. Potential impacts to wetland habitat and waters of the U.S. associated with the Meadow Creek corridor could be avoided and/or minimized by implementation of proper erosion control methods during site construction. Long-term indirect impacts can be addressed by engineering proper storm water collection basins, and by carefully distributing collected storm water to the Meadow Creek corridor. Storm water management requirements will also minimize potential impacts to sensitive habitats and sensitive species of Meadow Creek. Analysis of Significance: Potentially significant unless mitigated Mitigation Measures: 17. A qualified biological monitor shall be retained to periodically review implementation of agency conditions of approval. The frequency of such monitoring will be included in the conditions of approval for the project. 18. Private and construction vehicle traffic shall be limited to those areas away from the eastern edge of the Sheppel property to reduce the likelihood of bank failure and subsequent sedimentation to Meadow Creek. 19. Siltation/sedimentation control measures shall be implemented along the entire eastern property boundary prior to site construction. Such control measures shall include sediment fences and/or hay bales placed into the hinge of the bank of Meadow Creek. Erosion/sediment control barricades shall be placed around the perimeter of each construction zone with the potential to drain to Meadow Creek. 20. To reduce surface water runoff and sedimentation into Meadow Creek, site earthwork shall be limited to those months within the established dry season (April 15 through October 15) unless otherwise approved by the Director of Public Works. 21. Soil shall not be stockpiled in areas located near the eastern property margin adjacent to Meadow Creek, or in areas that have potential to drain to Meadow Creek. -12- Stockpiled soil should be properly covered at all times to avoid wind and water erosion, and consequent siltation to Meadow Creek. 22. No heavy equipment shall be allowed within the Meadow Creek corridor. Construction necessary within the Meadow Creek corridor near the bank hinge shall be performed from the top of the bank and not from within the Creek corridor. Monitoring: Review of grading and building plans and site inspections Responsible Department: Public Works Department Timeframe: Prior to issuance of building permit X. NOISE The type and level of noise from the operation of an office facility is consistent with existing uses on the site and with the zoning of the project site. Short-term noise increases will be caused by construction of the facility. It is anticipated that these impacts could reach between 70 and 88 decibels. These impacts can be mitigated through limiting construction hours. Analysis of Significance: Potentially significant unless mitigated Mitigation Measures: 23. All construction equipment shall be provided with well-maintained, functional mufflers to limit noise. 24. All construction activities shall comply with the time limits specified by the Arroyo Grande Municipal Code. � 25. . To the greatest extent possible, grading and/or excavation should occur during the middle of the day to minimize the potential for disturbance of neighboring noise sensitive uses. � Monitoring: Notes shall be placed on the construction plans referencing the above measures. Responsible Department: Public Works Department Timeframe: During construction XI. PUBLIC SERVICES The proposed facility is consistent with the General Plan designation and zoning for the site. Adequate fire and police services exist in the community to serve the project, and the development would generate tax revenues to contribute to the cost of ongoing public services. No housing is associated with the project, and no impact on schools would be generated by the project. Analysis of Significance: Less than significant impact XII. UTILITIES AND SERVICE SYSTEMS The proposed project will not create a significant demand for new or altered power, gas, communication systems, water treatment capacity or solid waste disposal. The project can tie into the existing infrastructure for these systems to serve the site. The project is within the expected demand for these systems based on the growth rate established in the General Plan. Analysis of Significance: Less than significant impact -13- XIII. AESTHETICS The proposed facility would occupy a parcel that is currently vacant, and graded for development. Zoning for the parcel is consistent with the proposed use, with the approval of a conditional use permit. Design and materials for the proposed structure would are compatible with the existing adjacent office buildings. Proposed landscaping for the project would be coordinated with landscaping approved and existing on site. Analysis of Significance: Less than significant impact XIV. CULTURAL RESOURCES A Phase I Archaeological Survey of the project was conducted on October 9, 2000 (Heritage Discoveries, Inc.). The survey produced negative results for the presence of cultural resources. According to the study, no cultural materials were observed during the two meter transects made across the property, and that since the site has been previously graded, the site area lacks original ground surfaces and only sub-soils remain. Additionally, previous archaeological surveys of the adjacent building areas also produced negative results. Analysis of Significance: Less than significant impact -14- ATTACHMENT A SHEPPEL MEDICAL OFFICE 3 Traffic Analysis April 16, 2001 Prepared By: Penfield & Smith Engineers, Surveyors, Planners 805.963.9532 W.O. 14,141.01 Sheppel Medical Office 3 Traffic Impact Analysis INTRODUCTION Penfield & Smith Engineers (P&S) has prepared the following traffic impact analysis for the proposed Sheppel Medical Office 3 project located in the City of Arroyo Grande. This study has been completed in conjunction with the City's environmental review process for this project. The traffic analysis includes an assessment of the existing tr�c conditions within the study azea, determines the expected trip generation for the project, evaluates the potential short and long-term traffic impacts associated with the project, and provides several recommendations to mitigate the anticipated project impacts. PROJECT DESCRIPTION The Sheppel 3 Medical Office project includes the construction of a 25,000 square foot medical off`ice building located near the intersection of Oak Park Boulevard and James Way in the City of Arroyo Grande. Access to the site will be provided at an existing driveway off of James Way, just east of Oak Park Boulevard. The project is proposing to provide an additional 142 on-site parking spaces and is adjacent to an existing 7,560 square foot office building. In addition, two other projects on site were recently approved by the City and are currently under construction. Those projects include a 19,000 sf fitness center (Kennedy Fitness) and an 11,335 sf office building. A vicinity map and site plan are presented in Exhibits 1 and 2. Penfield & Smith 0 � V 7 � a � W � 0 � W �� Z Z 0 � Um W W � 1- O Z� w }a i1J W Yz � T r `_ � �AK`�p'A'RK gLVD Si �1 � � y � � � d �Y.�. � d a X d � � � 0 � � � ^ s�m.possv �'•vYV `s,ry •o t�u1s �� i ° 't� - � • � ! ` , W W CJ �� � _ ������i °°� �_� ;s� � �°A - : j �; �'-iiif =o� �W ' � �� • � � •l i� 'n o�� !!� � 3 t s ���w ;� �i �t F � j 3 � ; 2 �� -- ----- - --- —_ — --�- — � __ — . --- -- — - _, , —.� ___. --:, ------_ _ v C J �.vr� s:wvr V � � � U.. � m � � � � N w �Q�b W -J W � �I (�� � ^ V! W Q - Sheppe) Medical Office 3 Traffic Impact Analysis � EXISTING CONDITIONS Existing Land Uses The project site is located just east of the present City of Fismo Beach City Limits. The land use to the south of the project is a hotel use with access to Oak Park Boulevard provided through an existing parking lot on the Sheppel project site. A vacant lot is located to the east of the site and a to the north lies the Four Square Community Church. The church cunently provides daily day care and pre-school services. The Church driveway is located approximately 30 feet to the east of the project driveway. Existing Roadways The project site is directly served by Oak Park Boulevard and James Way. It is anticipated that project traffic will utilize one or more of the following roadways to access the regional road system: Brisco Road: Brisco Road is a two-lane arterial-collector, e�ctending between Grand Avenue on the south and West Branch Street. James Wav: James Way travels in an east-west direction between the cities of Pismo Beach and Arroyo Grande. James Way is constructed with one lane in each direction and a center turn lane. Parking is permitted along various segments of James Way and is striped to provide bike lanes on both sides of the street. The posted speed limit on this roadway is 40 MPH. El Caznino Real: El Camino Real is a two-lane roadway that parallels Highway 101. El Camino Real extends between North 4� Street on the west (in the City of Pismo Beach) and Grand Avenue on the east. Oak Park Boulevard: Oak Park Boulevard is constructed as a north-south four lane divided arterial between El Camino Real to the south and James Way to the north. In this segment, the posted speed limit is 35 MPH. North of James Way the roadway narrows to one lane in each direction with no left turn lanes. The posted speed limit on this portion of Oak Park Boulevard is 45 MPH. Parking is generally prohibited along the roadway. West Branch Street: West Branch Street begins at the intersection of Grand Avenue and East Branch Street and varies from three to five lanes. West Branch Street serves as a frontage road to Highway 101 traveling north and terminates at Oak Park Boulevard. < Pentield & Smith 4 Sheppel Medical Office 3 Traffic Impact Analysis Existing Intersection Operations Based on discussions with the City of Arroyo Grande, five intersections have been included as part of this analysis. This includes: • Oak Park Boulevard at James Way • Oak Park Boulevard at West Branch Street/ NB 101 Ramp • Oak Park Boulevard at El Camino Real • Camino Mercado at West Branch Street • El Camino Real at Brisco Road Existing PM peak hour traffic volumes for the intersections were obtained from the Los Robles Del Mar Specific Plan (April 2000) and the Brisco Road-Halcyon Road Project Study Report (May 2000). Once the volumes were identified, the operations of the intersections were then calculated using the most cunent version of the Highway Capacity software. The level of service worksheets are provided in the technical appendix of this report and summarized in Table 1 below. The traffic volumes are illustrated in Exhibit 3. Table 1 PM Peak Hour Level of Service Intersection Oak Park Boulevazd at James Way Oak Park Boulevard at West Branch St/ NB 101 Ramp Oak Park Boulevard at El Camino Real Camino Mercado at West Branch/ NB 101 Ramps El Camino Real at Brisco Road Delay/LOS 20.5 sec/veh- LOS C 18.0 sec/veh- LOS B 24.2 sec/yeh- LOS C 20.0 sec/veh- LOS C 14.9 sec/veh- LOS B As shown in the table, all five of the study intersections presently operate at LOS C or better during the PM peak hour. Penfield & Smith 5 � � °r° \9 Jl� � � ssz� s szz—.. �� 1 t (� Nn � � . •- � o !_SS �rn � .-186 \ , � r-151 �� �2� c , 213" � � �' ' � 38 N �' � ' �� , � � . � , , , , `. � �, � . � . � . v , � . , . . � � . . � � . i . , , . . ., � _ � 1 ► � � �I �,,,�1 M � �0 � � 1 � r 288 � o��S�r � 22�' N M 25'i _'- -- � � n o t.-20 N 00 M r 315 �� J ! l� r -262 , ' 189-� � 500 138� � �p� pqRK BLVD , ;� i i� 0 - _ -- �� \ � � � � 559 ,` � 1 � r68 i 98-� -� t r 599 ---' � � � ( 22� �i � M ��a z�? O a H=� � Y °° Z �U va� Z ao H- a � a � W � f� MI vi � z � � D � O � � W X y� � � ^ N � � �• � � W � W p � � � aW � Sheppel Medical Office 3 Traffic Impact Analysis PRO) ECT I M PACTS The following section evaluates the potential impacts associated with the traffic generated by the Sheppel Medical Office project, as well as any potential parking and circulation impacts that may be associated with the project. In addition, as requested by the City of Arroyo Grande, the recently approved office and health club facilities located adjacent to the project have been discussed in this analysis. Project Trip Generation The Institute of Transportation Engineers (ITE) Trip Generation Reference Manual, Sixth Edition, 1997 was used to determine the potential traffic that would be generated by the proposed land use. Based on the trip generation rate, the proposed project would be expected to add 903 trips per day, with 61 trips occurring during the morning peak hour and 92 trips occurring during the afternoon peak hour. Table 2 below summarizes the project trip generation. Land Use Sheppel Office 3 Table 2 Pro ect Traffic Generation Summa Size AM Peak Hour PM Peak Hour Code 'SF) � In Out Total In Out Total 720 � 25,000 � 903 � 49 � 12 � 61 � 25 � 67 � 92 Project Trip Distribution The project traffic was assigned to the local and regional roadway system through discussions with City staff, previous traffic reports and our knowledge of the geographic location of possible origins and destinations in the Five Cities Area. The distribution of project traffic is illustrated in E�ibit 4. In general, the project traffic is distributed as follows: North on Oak Park Boulevard on US Highway 101 South on US Highway 101 on Oak Park Boulevard East on James Way on West Branch Street Total Project Traffic 5% 30% 25% 10% 10% 20% 100% Penfield & Smith � . `-� '� o � '� � �, �� �` 7 .` U _-- --' � � G H � W � �o �z O° = J � Y °D � w U a� � go a� W a a w _ � � :/`� � � �� y � � � d � C d � N G � � � 0 � � Sheppel Medical Office 3 Traffic impact Analysis Existing + Project Impact Analysis Based on the project traffic distribution depicted in Exhibit 4, the project traffic was added to the existing PM peak hour traffic volumes and the infersection analyses were recalculated. The results of these calculations are summarized in Table 3. � Table 3 Coaditions Intersection Oak Park Boulevard at James Way Oak Park Boulevard at West Branch St/NB 101 Ramp Oak Park Boulevard at El Camino Real Camino Mercado at West 101 El Camino Real at Brisco Road PM Peak Hour Delay/ LOS Existing LOS W/Project 20.5 sec/veh- LOS C 20.8 sec/veh- LOS C 18.0 sec/veh- LOS B 18.5 sec/veh- LOS B 24.2 sec/veh- LOS C 24.3 sec/veh- LOS C 20.0 sec/veh- LOS C 20.1 sec/veh- LOS C 14.9 sec/veh- LOS B 14.9 sec/veh- LOS B As shown in Table 3, the intersection level of service does not change significantly with the addition of the project traffic. Therefore, it is anticipated that all five study intersections would continue to operate at acceptable levels with the addition of project traffic. Project Site Access Design Based on the site plan as proposed and the projected future traffic volumes (discussed in the next section), the frontage improvements along Oak Park Boulevard and James Way were assessed. As the intersection is projected to operate at a very good LOS C, no additional frontage improvements aze recommended. The proposed site access on James Way is located at an adequate distance from the Oak Park Boulevard intersection. The driveway to the Four Square Church is located directly across from the proposed project access, and would operate adequately due to the different peaking characteristics of the two land uses. Parking The Sheppel Medical Office 3 project is proposing to provide 142 parking spaces on- site. This is in addition to the 108 spaces being provided for the health fitness center and office building currently under construction. Therefore, at build-out a total � of 250 spaces will be provided on-site. Based on the traffic study conducted for the health fitness center and office building (Penfield & Smith, June 3, 1999) cunently under construction, it was determined that approximately 134 spaces would be needed during the combined peak parking demand for those uses. This peak parking demand would be expected to occur around 12:00 PM. Penfield & Smith 9 Sheppel Medical Office 3 Traffic Impact Analysis The Sheppel Office 3 project would be expected to have a parking demand of 103 spaces based on the parking generation data provided by ITE This peak parking demand is reached in the mid-morning and mid-afternoon. Therefore, the 142 spaces proposed to serve the medical office uses would be adequate to meet the peak parking demand of the project. In total, the peak parking demand for the two buildings under-construction and the proposed medical office could be as high as 237 spaces. As the overall site would provide 250 parking spaces, sufficient parking would be provided for the entire site. CUMULATIVE CONDITIONS This section includes an analysis of the future traffic conditions with and without the project. To form a basis for the future traffic conditions, known, approved, and/or pending developments in the area were researched. Once these projects were identified, the project related traffic volumes that could be generated were summarized to determine the cumulative effect on the road system. The cumulative list of development projects is summarized in Table 4 and illustrated in Exhibit 5. In total, the list of cumulative projects for the City of Arroyo Grande would add 58,948 daily trips to the area. During the PM peak hour, a total of 5,193 trips could be added to the road system. The cumulative traffic volumes are illustrated in Exhibit 6. Cumulative Intersection Operations Using the cumulative traffic volumes, the intersection operations were recalculated. The resulting levels of service are presented in Table 5. Based on the cumulative traffic volumes, all of the study area intersections are planned to operate within acceptable limits. Table 5 Cumulative PM Peak Hour Level of Service Intersection Delay/LOS Oak Park Boulevard at James Way ' 20.5 sec/veh- LOS C Oak Park Boulevard at West Branch St/NB 101 Ramp 18.5 sec/veh- LOS B Oak Park Boulevard at El Camino Real 31.9 sec/veh- LOS C Camino Mercado at West Branch/NB 101 Ramps 29.7 sec/veh- LOS C El Camino Real at Brisco Road 17.3 sec/veh- LOS B 1 Parking Generation, August 1987, Institute of Transporation Engineers - Land use code 630 (Medical/Dental Clinic/Office), parking rate of 4.11 spaces per 1000 square feet. Penfield & Smith 10 0 M 0 od, \ o �>> b � O O M � N O � O r y� H U W � W O �� o. 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O O -. �-+ �.� .+ q a� O O � �y � � � O �i � � � �i � �i 0 �i � �i � c1 C1 U � � U p� p� p� O;� O� O� O� O y O�+. � ' O U � a�i ¢-�¢ a� `�a wp�a ua�aza � � � � � a � .`'.� .�a�� UFC�.� oc�.� UciF> a E v E �o � � � � MIMIMI�I�I�I�I�I�I�I�I�I�I� � � of �• � W '� o � o c � �, � w � � � � � �� � o � :r o a�i o � � a� U � � � .� � U F-- . �ls � � � a c a� a ��� � �1��8s� OS l9£ --! l 9Z —► g�-� �l t r ���, N ^ � �� 0 � M L a �. � �-- - °D � � � 356 � � t � l ��4 �o r 50 -- � ° 55 3 � ► ; � �I ' � �171 � �-192 � � � � 260 99 � --� \ � � 310 —' �, o � � sa—� � `' � �� , , � , � , , , � , � � � � ��, N � . � . � � , Q •� �, � , , ��. I➢ /� OAK PARK BLVD , '. , ,' ,' � ---r c•, v c� t._-32 N � � �-463 �1 l � � 300 2�2-� 594 --' 256� W � t� c7 1=0�� g=3� �� U VaULL ��O a� � w �— a W _ � _-;,_- - � -_- "��� !._33 ��� a cA d' r 660 J � �- � 98��tr �,z-- ��� ( 278--i � � � t0 I � � z N i� 0 v co w X y '� °' �� �� � �• �� dW � W p = Z (9 � �w � Sheppel Medical Office 3 Traffic Impact Analysis Cumulative + Project Impact Analysis To estimate the project impact on the cumulative conditions, the project traffic was added to the cumulative traffic volumes. The cumulative plus project intersection operations are summarized in Table 6. Table 6 Cumulative + Pro ect Conditions Intersection PM Peak Hour Dela / LOS Base LOS W/Project Oak Park Boulevard at James Way 20.5 sec/veh- LOS C 20.9 sec/veh- LOS C Oak Park Boulevard at 18.5 sec/veh- LOS B 19.2 sec/veh- LOS B West Branch St NB 101 Ram Oak Park Boulevard at El Camino Real 31.9 sec/veh- LOS C 32.7 sec/veh- LOS C Camino Mercado at 29.7 sec/veh- LOS C 30.0 sec/veh- LOS C West Branch NB 101 Ram s El Camino Real at Brisco Road 17.3 sec/veh- LOS B 17.3 sec/veh- LOS B As seen in Table 6, during the PM peak hour all of the study area intersections operate at LOS C or better under cumulative traffic conditions with and without the addition of project traffic. MITIGATION MEASURES This section identifies a variety of ineasures that are proposed to mitigate the project impacts. Existing Conditions All of the study area intersections presently operate and would continue to operate at acceptable levels of service with the additional project traffic. Therefore, there are no mitigation measures proposed for the e�sting conditions. Cumulative Conditions No additional roadway improvements would be required as all of the study area intersections are projected to operate within acceptable limits. The traffic signal planned to be constructed at the Camino Mercado and West Branch Street intersection was assumed to be installed. The City has indicated that the traff'ic signal should be installed at this intersection concurrently with the occupancy of this project. The project applicant shall be reimbursed by the City by an amount equal to the cost of the traffic signal (estimated $150,000) less the project's contribution to the traffic signalization fee. Should other projects in the development review process be conditioned to construct a traffic signal at the same location, the first project to obtain a building permit shall be required to construct the traffic signal Penfield & Smith 16 � Sheppel Medical Office 3 Traffic Impact Analysis and enter into a reimbursement agreement with the City. Otherwise, the project would only be required to pay the tr�c signalization fee if another project has entered into a reimbursement agreement. SUMMARY This analysis included an assessment of the existing traffic conditions within the study area, determined the expected trip generation for the project, and evaluated the potential traffic impacts associated with the project. Overall, the traffic impacts associated with the proposed Sheppel Office project are considered to be less than significant. The project is expected to generate 903 daily trips and 92 PM peak hour trips. Based on the existing traffic volumes, the five study intersections will continue to operate at LOS C or better with the added project tr�c. Under the cumulative conditions, the study aze intersections would continue to operate at LOS C or better. It was also determined that the project could have a peak parking demand of 103 spaces. The cunent project site plan provides for 142 spaces and will therefore meet the anticipated parking demand. Penfield & Smith �� HCS-Signals 3.2 File:Existing PM- Oak Park @ James Way hcs Pa e 1 Inter: Oak Park Analyst: LMV Date: 1/22/O1 3/W St: James Way *To . Lanes ,GConf ig Volume Lane Width :TOR Vo 1 Eas HCS: Signalized Intersections Release 3.2 Blvd. @ James Way L T City/St: Arroyo Grande, CA Proj #: 14,141.01 Period: Existing- PM Peak Hour N/S St: Oak Park Boulevard _SIGNALIZED INTERSECTION St7NIlHARY I Westbound I Northbound R L T R L T R 1 1 1 L T R 127 152 197 , 12.0 12.0 12.0 100 1 1 1 L T R 101 57 6 � 12.0 12.0 12.0 0 1 2 0 L TR 151 186 88 12.0 14.0 0 Southbound L T R 1 2 0 L TR 72 213 38 12.0 14.0 0 Duration 1.00 Area Type: All other areas Signal Operations �hase Combination 1 2 3 4 5 6 7 8 EB Left A NB Left A A Thru A Thru A A Right A ' Right A A Peds . X Peds X X WB Left A SB Left A Thru A Thru A Right A Right A Peds X Peds X B Right EB Right A A B Right WB Right Green 11.0 10.5 9.5 2.5 ' 10.5 "ellow 4.0 4.0 4.0 0.0 4.0 11 Red 0.0 0.0 0.0 0.0 0.0 Cycle Length: 60.0 secs Intersection Performance Summary �pr/ Lane Adj Sat Ratios Lane Group Approach �ane Group Flow Rate 1rp Capacity (s) v/c g/C Delay LOS Delay LOS �stbound L 331 1805 0.43 0.183 22.6 C " 332 1900 0.51 0.175 23.7 C 19.2 B 821 1615 0.13 0.508 7.8 A Nestbound � 331 1805 0.34 0.183 21.9 C 332 1900 0.19 0.175 21.4 C 21.7 C � 283 1615 0.02 0.175 20.5 C �Torthbound _ 481 1805 0.35 0.267 18.2 B :-. 794 3665 0.38 0.217 20.4 C 19.6 B " �uthbound . 286 1805 0.28 0.158 22.8 C 'R 659 3764 0.42 0.175 22.5 C 22.6 C Intersection Delay = 20.5 (sec/veh) Intersection LOS = C HCS-Signals 3.2 File:Existin +proj- Oak Park @ James Way hcs PaQe 1 HCS: Signalized Intersections Release 3.2 nter: Oak Park Blvd. Q James Way City/St: Arroyo Grande, CA r�nalyst: LMV Proj #: 14,141.01 Date: 1/22/O1 Period: Existing + Project /W St: James Way N/S St: Oak Park Boulevard ^To . Lanes 3Conf ig volume Lane Width TOR Vol Eastb L T _SIGNALIZED INTERSECTION SUNIMARY Westbound Northbound R L T R � L T R 1 1 1 L T R 127 152 197 12.0 12.0 12.0 100 1 1 1 1 2 0 L T R L TR 158 57 9 151 186 109 12.0 12.0 12.0 12.0 14.0 0 p Southbound L T R � 1 2 0 L TR 72 213 38 12.0 14.0 0 Duration 1.00 Area Type: Al1 other areas Signal Operations zase Combination 1 2 3 4 5 6 7 8 EB Left A NB Left A A Thru A Thru A A Right A ' Right A A Peds ,X Peds X X �TB Left A SB Left A Thru A Thru A Right A Right A Peds X Peds X 3 Right EB Right A A 3 Right WB Right sreen 11.0 10.5 9.5 2.5 �10.5 '�llow 4.0 4.0 4.0 0.0 4.0 .1 Red 0.0 0.0 0.0 0.0 0.0 �ycle Length: 60.0 secs Intersection Performance Summary �pr/ Lane Adj Sat Ratios Lane Group Approach �ane Group Flow Rate Jrp Capacity (s) v/c g/C Delay LOS Delay LOS :.stbound � 331 1805 0.43 0.183 22.6 C ' 332 1900 0.51 0.175 23.7 C 19.2 B 821 1615 0.13 0.508 7.8 A lestbound - 331 1805 0.53 0.183 23.8 C - 332 1900 0.19 0.175 21.4 C 23.1 C : 283 1615 0.04 0.175 20.6 C :orthbound - 481 1805 0.35 0.267 18.2 B �-. 788 3638 0.42 0.217 20.6 C 19.8 B � uthbound � 286 1805 0.28 0.158 22.8 C 'R 659 3764 0.42 0.175 22.5 C 22.6 C Intersection Delay = 20.8 (sec/veh) Intersection LOS = C HCS-Signals 3.2 File:Existinq PM- Oak Park @ West Branch hcs Pa e 1 HCS: Signalized Intersections Release 3.2 'nter: Oak Park Blvd. @ West Branch City/St: Arroyo Grande, CA ��nalyst: LMV Proj #: 14,141.01 Date: 1/22/O1 Period: Existing- PM Peak Hour ;/W St: West Branch St N/S St: Oak Park Boulevard Eastb L T No. Lanes GConf ig �olume Lane width TOR Vol _SIGNALIZED INTERSECTION SUNIlKARY Westbound Northbound R L T R I L T R 0 0 0 1 1 1 L LT R 350 82 227 12.0 12.0 12.0 0 � l 2 1 L T R 262 315 203 12.0 12.0 12.0 0 i Southbound L T R 1 2 0 L TR 189 500 138 12.0 16.0 0 Duration 1.00 Area Type: Al1 other areas Signal Operations hase Combination 1 2 3 4 5 6 7 8 EB Left NB Left A A Thru Thru A A Right � Right A A Peds Peds X X �1B Left A SB Left A Thru A Thru A Right A Right A Peds Peds X - 3 Right A EB Right 3 Right WB Right �reen 16.0 10.0 4.0 �18.0 '�llOw 4.0 4.0 0.0 4.0 L1 Red 0.0 0.0 0.0 0.0 _ycle Length: 60.0 secs Intersection Performance Summary �pr/ Lane Adj Sat Ratios Lane Group AFproach _�ne Group Flow Rate �rp Capacity (s) v/c g/C Delay LOS Delay LOS istbound �estbound � 481 ' 493 _ 431 :orthbound 542 1324 : 1130 - uthbound 301 'R 1188 1805 1848 1615 1805 3610 1615 1805 3959 0.57 0.267 0.42 0.267 0.58 0.267 0.54 0.300 0.26 0.367 0.20 0.700 0.70 0.60 Intersection Delay = 18.0 20.6 C 18.8 B 21.2 C 18.6 B 13 . 4 B 3.2 A 20.3 C 12.5 B 0.167 30.8 C � 0.300 18.7 B 21.5 C (sec/veh) Intersection LOS = B HCS-Signals 3.2 File:Existing + Pro�- Oak Park @ West Branch hcs Pa e 1 HCS: Signalized Intersections Release 3.2 Inter: Oak Park Blvd. e West Branch City/St: Arroyo Grande, CA Analyst: LMV Proj #: 14,141.01 Date: 1/22/O1 Period: Existing + Project PM �/W St: West Branch St N/S St: Oak Park Boulevard No. Lanes �GConf ig �7olume Lane Width ;TOR Vo 1 Eastb L T _SIGNALIZED INTERSECTION SUNIMARY Westbound Northbound R L T R I L T R 0 0 0 1 1 1 L LT R 350 93 227 12.0 12.0 12.0 0 I 1 2 1 L T R 262 326 203 12.0 12.0 12.0 0 L T R 1 2 0 L TR 202 524 138 12.0 16.0 0 Duration 1.00 Area Type: Al1 other areas Signal Operations 'hase Combination 1 2 3 4 5 6 7 8 E;B Left NB Left A A Thru Thru A A Right • Right A A Peds Peds X X WB Left A SB Left A Thru A Thru A Right A Right A Peds Peds X 'B Right A EB Right B Right WB Right lreen 16.0 10.0 4.0 18.0 �ellow 4.0 4.0 0.0 4.0 11 Red 0.0 0.0 0.0 0.0 ..ycle Length: 60.0 secs Intersection Performance Summary r�pr/ Lane Adj Sat Ratios Lane Group Approach ane Group Flow Rate srp Capacity (s) v/c g/C Delay LOS Delay LOS �stbound �astbound � 481 " 49a . 431 lorthbound 542 1324 Z 1130 '�uthbound 301 .tt 1I89 1805 1851 1615 1805 3610 1615 1805 3964 0.57 0.267 0.45 0.267 0.58 0.267 0.54 0.300 0.27 0.367 0.20 0.700 0.74 0.62 20.6 C 19.0 B 21.2 C 18.6 B 13.5 B 3.2 P, 0.167 34.0 0.300 19.0 Intersection Delay = 18.5 (sec/veh) 20.3 C 12.5 B C B 22.5 C Intersection LOS = B HCS-Signals 3.2 File:Existin PM- Oak Park @ E1 Camino Real hcs Pa e 1 HCS: Signalized Intersections Release 3.2 Inter: Oak Park @ EL Camino Real City/St: Arroyo Grande, CA Analyst: LMV Proj #: 14,141.01 Date: 1/22/O1 Period: Existing - PM Peak Hour E/W St: E1 Camino Real N/S St: Oak Park Boulevard L T No. Lanes :,GConf ig lolume Lane Width ZTOR Vo 1 _SIGNALIZED INTERSECTION SUNIlKARY Westbound Northbound R L T R I L T R 1 1 1 L LT R 412 49 367 12.0 12.0 12.0 175 0 1 1 LT R 47 18 64 12.0 12.0 30 1 2 0 L TR 68 559 33 12.0 14.0 0 Southbound L T R 1 1 1 L T R I98 599 220 12.0 12.0 12.0 0 Duration 1.00 Area Type: All other areas Signal Operations ?hase Combination 1 2 3 4 5 6 7 8 �B Left A NB Left A Thru A Thru A Right A � Right A Peds Peds WB Left A SB Left A A Thru A Thru A A Right A Right A A Peds Peds "TB Right EB Right A �B Right A WB Right A A Green 20.0 5.5 8.0 4.5 � 35.0 �ellow 4.0 4.0 4.0 0.0 4.0 .11 Red 0.0 0.0 0.0 0.0 0.0 �ycle Length: 89.0 secs Intersection Performance Summary .ppr/ Lane Adj Sat Ratios Lane Group Approach ane Group Flow Rate �rp Capacity (s) v/c g/C Delay LOS Delay LOS astbound L 398 1770 0.63 0.225 34.5 C �•T 403 1792 0.65 0.225 34.9 C 31.8 C a98 1583 0.43 0.315 24.7 C ,�estbound r l�i � a62 Vorthbound 159 � 1472 1798 1583 1770 3743 0.65 0.062 54.1 D 43.3 0.08 0.292 22.9 C 0.48 0.090 40.8 D 0.45 0.393 18.1 B 20.5 =�uthbound 328 1770 0.33 0.185 32.1 . 827 1863 0.81 0.444 24.2 Z 1129 1583 0.22 0.713 0.9 Intersection Delay = 24.2 (sec/veh) C C 19.5 A Intersection 0 C B LOS = C HCS-Signals 3.2 File:Existin + Proj- Oak Park @ E1 Camino Real hcsPa e 1 HCS: Signalized Intersections Release 3.2 :nter: Oak Park @ EL Camino Real City/St: Arroyo Grande, CA ►nalyst: LMV . Proj #: 14,I41.01 Date: 1/22/Ol Period: Existing - PM Peak Hour - :/W St: E1 Camino Real N/S St: Oak Park Boulevard Vo . Lanes GConf ig .olume �ane Width TOR Vol Eastb L T _SIGNALIZED INTERSECTION SUMMARY Westbound Northbound R L T R I L T R 1 1 1 L LT R 420 49 367 12.0 12.0 12.0 175 I 0 1 1 LT R 47 18 64 12.0 12.0 30 1 2 0 L TR 68 562 33 12.0 14.0 0 D 43.3 C D B 20.5 �uration 1.00 Area Type: Al1 other areas Signal Operations hase Combination 1 2 3 4 5 6 7 8 sB Le f t A NB Le f t A Thru A Thru A Right A � Right A Peds Peds dB Left A SB Left A A Thru A Thru A A Right A Right A A Peds Peds '9 Right EB Right A B Right A WB Right A A :reen 20.0 5.5 8.0 4.5 �35.0 'ellow 4.0 4.0 4.0 0.0 4.0 11 Red 0.0 0.0 0.0 0.0 0.0 .�cle Length: 89.0 secs Intersection Performance Summary �pr/ Lane Adj Sat Ratios Lane Group Approach �ne Group Flow Rate • �rp Capacity (s) v/c g/C Delay LOS Delay LOS istbound 398 1770 0.65 0.225 35.0- C T 402 1791 0.66 0.225 35.3 D 32.1 C 498 1583 0.43 0.315 24.7 C astbound ' 111 1798 0.65 0.062 54.1 462 1583 0.08 0.292 22.9 orthbound 159 1770 0.48 0.090 40.8 . 1472 3743 0.45 0.393 18.2 ^uthbound 328 1770 0.33 0.185 32.1 827 1863 0.81 0.444 24.8 1129 1583 0.23 0.713 1.0 Intersection Delay = 24.3 (sec/veh) Southbound L T R � 1 1 1 L T R 98 606 237 12.0 12.0 12.0 0 � C C C 19.6 B A Intersection LOS = C HCS: Unsignalized Intersections Release 3.2 Stephen A. Orosz, P.E. Penfield & Smith P. O. Box 98 101 E. Victoria Street Santa Barbara, CA Phone: 805-963-9532 Fax: 805-966-9801 E-Mail: sao@penfieldsmith.com ALL-WAY STOP CONTROL(AWSC) ANALYSIS Intersection: West Branch At Camino Mercado City/State: Arroyo Grande, CA Analyst: SAO Project No.: 14141.01 Time period Analyzed: PM Peak Hour - Existing Date: 4/16/2001 East/West Street: West Branch Street North/South Street: Camino Mercado Worksheet 2- Volume Adjustments and Site Characteristics � Eastbound I Westbound I Northbound I Southbound � L T R I L T R I L T R I L T R I I I I Volume 124 395 0 1133 354 1 1288 0 11 10 22 25 $ ?'hrus Left Lane Eastbound Westbound Northbound Southbound L1 L2 L1 L2 L1 L2 L1 L2 Configuration L TR L TR LT R LTR PHF 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Flow Rate 24 395 133 355 288 11 47 $ Heavy Veh 0 2 0 2 2 0 0 No. Lanes 2 2 2 1 Opposing-Lanes 2 2 1 2 Conflicting-lanes 2 2 2 2 Geometry group 5 5 5 4b Duration, T 1.00 hrs. Worksheet 3- Saturation Headway Adjustment Worksheet Eastbound Westbound Northbound Southbound L1 L2 L1 L2 L1 L2 L1 L2 Flow Rates: Total in Lane 24 395 Left-Turn 24 0 Right-Turn 0 0 Prop. Left-Turns 1.0 0.0 Prop. Right-,Turns 0.0 0.0 Prop. Heavy Vehic1e0.0 0.0 Geometry Group 5 133 355 133 0 0 1 1.0 0.0 0.0 0.0 0.0 0.0 5 288 11 288 0 0 11 1.0 0.0 0.0 1.0 0.0 0.0 5 47 0 25 0.0 0.5 0.0 4b Adjustments Table 10-40: hLT-adj 0.2 0.2 0.2 0.2 hRT-adj -0.6 -0.6 -0.6 -0.6 hHV-adj 1.7 1.7 1.7 1.7 hadj, computed 0.2 0.0 0.2 0.0 0.2 -0.6 -0.3 Worksheet 4- Departure Headway and Service Time Eastbound Westbound Northbound Southbound L1 L2 L1 L2 L1 L2 L1 L2 Flow rate 24 395 133 355 288 11 47 hd, initial value 3.20 3.20 3.20 3.20 3.20 3.20 3.20 3.20 x, initial 0.02 0.35 0.12 0.32 0.26 0.01 0.04 hd, final value 6.67 6.50 6.60 6.43 7.22 6.38 7.46 x, final value 0.04 0.71 0.24 0.63 0.58 0.02 0.10 Move-up time, m 2.3 2.3 2.3 2.3 Service Time 4.4 4.2 4.3 4.1 4.9 4.1 5.2 Worksheet 5- Capacity and Level of Service Eastbound Westbound Northbound Southbound L1 L2 L1 L2 L1 L2 L1 L2 Flow Rate 24 395 133 355 288 11 47 Service Time 4.4 4.2 4.3 4.1 4.9 4.1 5.2 Utilization, x 0.04 0.71 0.24 0.63 0.58 0.02 0.10 Dep. headway, hd 6.67 6.50 6.60 6.43 7.22 6.38 7.46 Capacity 274 544 383 548 480 261 297 Delay 9.68 24.93 11.43 20.12 19.65 9.21 10.96 LOS A C B C C A B Approach: Delay 24.06 17.75 19.27 10.96 LOS C C C B Intersection Delay 19.97 Intersection LOS C HCS: Unsignalized Intersections Release 3.2 Stephen A. Orosz, P.E. Penfield & Smith P. 0. Box 98 101 E. Victoria Street Santa Barbara, CA Phone: 805-963-9532 Fax: 805-966-9801 E-Mail: sao@penfieldsmith.com ALL-WAY STOP CONTROL(AWSC) ANALYSIS Intersection: West Branch At Camino Mercado City/State: Arroyo Grande, CA Analyst: SAO Project No.: 14141.01 Time period Analyzed: PM Peak Hour - Ex. + Project Date: 4/16/2001 East/West Street: West Branch Street North/South Street: Camino Mercado Worksheet 2- Volume Adjustments and Site Characteristics � Eastbound � Westbound I Northbound I Southbound � L T R I L T R I L T R I L T R I I I I Volume 124 397 0 1133 354 1 1289 0 11 10 22 25 $ Thrus Left Lane Eastbound Westbound Northbound L1 L2 L1 L2 L1 L2 Configuration L TR L TR LT R PHF 1.00 1.00 1.00 1.00 1.00 1.00 Flow Rate 24 397 133 355 289 11 � Heavy Veh 0 2 0 2 2 0 No. Lanes 2 2 2 Opposing-Lanes 2 2 1 Conflicting-lanes 2 2 2 Geometry group 5 5 5 Duration, T 1.00 hrs. Worksheet 3- Saturation Headway Adjustment Worksheet Eastbound Westbound Northbound L1 L2 L1 L2 L1 L2 Flow Rates: Total in Lane 24 Left-Turn 24 Right-Turn 0 Prop. Left-Turns 1.0 Prop. Right-Turns 0.0 Prop. Heavy Vehic1e0.0 Geometry Group 397 0 0 0.0 0.0 0.0 5 133 355 133 0 0 1 1.0 0.0 0.0 0.0 0.0 0.0 5 289 11 289 0 0 11 1.0 0.0 0.0 1.0 0.0 0.0 5 Southbound L1 L2 LTR 1.00 47 0 1 2 2 4b Southbound Ll L2 47 0 25 0.0 0.5 0.0 � Adjustments Table 10-40: hLT-adj 0.2 0.2 0.2 0.2 hRT-adj -0.6 -0.6 -0.6 -0.6 hHV-adj 1.7 1.7 1.7 1.7 hadj, computed 0.2 0.0 0.2 0.0 0.2 -0.6 -0.3 Worksheet 4- Departure Headway and Service Time Eastbound Westbound Northbound Southbound L1 L2 L1 L2 L1 L2 L1 L2 Flow rate 24 397 133 355 289 11 47 hd, initial value 3.20 3.20 3.20 3.20 3.20 3.20 3.20 3.20 x, initial 0.02 0.35 0.12 0.32 0.26 0.01 0.04 hd, final value 6.68 6.51 6.61 6.44 7.22 6.39 7.47 x, final value 0.04 0.72 0.24 0.64 0.58 0.02 0.10 Move-up time, m 2.3 2.3 2.3 2.3 Service Time 4.4 4.2 4.3 4.1 4.9 4.1 5.2 Worksheet 5- Capacity and Level of Service Eastbound Westbound Northbound . Southbound L1 L2 L1 L2 L1 L2 L1 L2 Flow Rate 24 397 133 355 289 11 47 Service Time 4.4 4.2 4.3 4.1 4.9 4.1 5.2 Utilization, x 0.04 0.72 0.24 0.64 0.58 0.02 0.10 Dep. headway, hd 6.68 6.51 6.61 6.44 7.22 6.39 7.47 Capacity 274 544 383 547 479 261 297 Delay 9.69 25.28 11.45 20.19 19.77 9.22 10.98 LOS A D B C C A B Approach: • Delay 24.39 17.81 19.38 10.98 LOS C C C B Intersection Delay 20.13 Intersection LOS C HCS-Signals 3.2 File:Existin PM- E1 Camino Real @ Brisco Rd hcs Pa e 1 HCS: Signalized Intersections Release 3.2 tnter: E1 Camino Real @ Brisco Road City/St: Arroyo Grande, CA �nalyst: LMV Proj #: 14,141.01 Date: 1/22/O1 Period: Existing PM Peak F/W St: El Camino Real N/S St: Brisco Road Eastb L T No. Lanes ",GConf ig 'olume Lane Width R.TOR Vol _SIGNALIZED INTERSECTION SUNIlKARY I westbound I Northbound R L T R L T R I 1 1 1 L T R , 24 177 59 12.0 12.0 12.0 0 1 1 1 L T R 78 122 448 12.0 12.0 12.0 0 I 1 1 1 L T R 50 160 76 12.0 12.0 12.0 0 Southbound L T R � 1 1 1 L T R 255 229 48 12.0 12.0 12.0 0 �uration 1.00 Area Type: All other areas Signal Operations hase Combination 1 2 3 4 5 6 7 8 B Left A NB Left A Thru A Thru A Right A • Right A Peds � Peds dB Left A SB Left A Thru A Thru A Right A Right A Peds� Peds JB Right EB Right A B Right WB Right A _reen 23.0 15.0 10.0 'ellow 4.0 4.0 4.0 11 Red 0.0 0.0 0.0 �cle Length: 60.0 secs Intersection Performance Summary •�pr/ Lane Adj Sat Ratios Lane Group Approach ine Group Flow Rate 7rp Capacity (s) v/c g/C Delay LOS Delay LOS istbound . 478 1248 0.06 0.383 11.7 B ' 714 1863 0.28 0.383 13.0 B 11.0 B 976 1583 0.07 0.617 4.6 A �stbound 442 1153 ' 714 1863 1108 1583 orthbound 295 1770 311 1863 264 1583 outhbound 4a3 1770 ?66 1863 396 1583 Intersection Delay 0.20 0.383 12.6 B 0.19 0.383 12.4 B 6.8 0.45 0.700 4.2 A 0.19 0.167 21.8 C 0.57 0.167 25.6 C 24.2 0.32 0.167 22.7 C 0.64 0.250 23.2 0.55 0.250 20.9 0.13 0.250 17.6 = 14.9 (sec/veh) C C 21.7 B Intersection f1 C C LOS = B HCS-Signals 3.2 File:Existing + Pro'= E1 Camino Real @ Brisco Rd hcsPage 1 HCS: Signalized Intersections Release 3.2 nter: El Camino Real Q Brisco Road City/St: Arroyo Grande, CA �alyst: LMV Proj #: 14,141.01 )ate: 1/22/Ol Period: Existing + Project �/W St: El Camino Real N/S St: Brisco Road Eastb L T io. Lanes 3Conf ig �lume �ane Width I'OR Vol _SIGNALIZED INTERSECTION SUNIlKARY Westbound Northbound R L T R I L T R 1 1 1 L T R 24 177 59 12.0 12.0 12.0 0 1 1 1 L T R 78 122 448 � 12.0 12.0 12.0 0 1 1 1 L T R 50 160 76 12.0 12.0 12.0 0 Southbound L T R 1 1 1 L T R 255 229 48 12.0 12.0 12.0 0 uration 1.00 Area Type: Al1 other areas Signal Operations iase Combination 1 2 3 4 5 6 7 8 i3 Left A NB Left A Thru A Thru A Right A '. Right A Peds Peds B Left � A SB Left A Thru A Thru A Right A Right A Peds Peds '3 Right EB Right A � Right WB Right A reen 23.0 15.0 10.0 �llow 4.0 4.0 4.0 .1 Red 0.0 0.0 0.0 rcle Length: 60.0 secs Intersection Performance Summary �pr/ Lane Adj Sat Ratios Lane Group Approach ne Group Flow Rate =p Capacity (s) v/c g/C Delay LOS Delay LOS stbound 478 1248 0.06 0.383 11.7 B 714 1863 0.28 0.383 13.0 B 11.0 B 976 1583 0.07 0.617 4.6 A :stbound 442 1153 0.20 0.383 12.6 B 714 1863 0.19 0.383 12.4 B 6.8 A 1108 1583 0.45 0.700 4.2 A �rthbound 295 1770 0.19 0.167 21.8 C 311 1863 0.57 0.167 25.6 C 24.2 C 264 1583 0.32 0.167 22.7 C »sthbound 443 1770 0.64 0.250 23.2 C 466 1863 0.55 0.250 20.9 C 21.7 C 396 1583 0.13 0.250 17.6 B Intersection Delay = 14.9 (sec/veh) Intersection LOS = B HCS-Signals 3.2 File:Cumulative PM- Oak Park @ James Way.hcs Page 1 HCS: Signalized Intersections Release 3.2 Inter: Oak Park Blvd. Q James Way Analyst: LMV Date: 1/22/Ol E/W St: James Way No. Lanes LGConf ig Volume Lane Width RTOR Vol Eastb L T City/St: Arroyo Grande, CA Proj #: 14,141.01 Period: Cumulative- PM Peak Hour N/S St: Oak Park Boulevard _SIGNALIZED INTERSECTION SUMMARY R I Westbound Northbound L T R I L T R 1 1 1 L T R 139 170 273 12.0 12.0 12.0 0 1 1 1 L T R 161 80 11 12.0 12.0 12.0 0 1 2 L TR 260 192 12.0 14.0 Duration 1.00 Area Type: All other areas Signal Operations_ Phase Combination 1 2 3 4 EB Left A NB Left Thru A Thru Right A Right Peds X Peds WB Left A SB Left Thru A Thru Right A Right Peds X Peds NB Right EB Right SB Right WB Right 5 A � ra 0 171 0 Southbound L T R 1 2 L TR 99 310 12.0 14.0 6 7 8 A A A A A X X A A X A 0 38 0 Green 12.0 10.0 10.0 2.0 10.0 Yellow 4.0 4.0 4.0 0.0 4.0 All Red 0.0 0.0 0.0 0.0 0.0 Cycle Length: 60.0 secs Intersection Performance Summary Appr/ Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate Grp Capacity (s) v/c g/C Delay LOS Delay LOS Eastbound L 361 1805 0.39 0.200 21.5 C T 317 1900 0.54 0.167 24.7 C 16.7 B R 808 1615 0.34 0.500 9.3 A Westbound L 361 1805 0.45 0.200 22.0 C T 317 1900 0.25 0.167 22.2 C 22.0 C R 269 1615 0.04 0.167 21.0 C Northbound L 481 1805 0.54 0.267 20.1 C TR 716 3579 0.51 0.200 22.0 C 21.2 C Southbound � L 301 1805 0.33 0.167 22.7 C TR 631 3788 0.55 0.167 24.0 C 23.7 C Intersection Delay = 20.5 (sec/veh) Intersection LOS = C HCS-Signals 3.2 File:Cumulative + Project PM- Oak Park @ James Way.hcsPa e 1 HCS: Signalized Intersections Release 3.2 Inter: Oak Park Blvd. Q James Way City/St: Arroyo Grande, CA Analyst: LMV Proj #: 14,141.01 Date: 1/22/O1 Period: Cumulative-+ Project PM Peak E/W St: James Way N/S St: Oak Park Boulevard Eastb L T No. Lanes LGConf ig Volume Lane Width RTOR Vol _SIGNALIZED INTERSECTION SUMMARY I Westbound I Northbound R L T R L T R 1 1 1 L T R 139 170 273 12.0 12.0 12.0 0 1 1 1 L T R 218 80 14 12.0 12.0 12.0 0 1 2 0 L TR 260 192 192 12.0 14.0 0 j Southbound L T R 1 2 0 L TR 100 310 38 12.0 14.0 0 Duration 1.00 Area Type: All other areas Signal Operations Phase Combination 1 2 3 4 5 6 7 8 EB Left A NB Left A A Thru A Thru A A � Right A Right A A Peds X Peds X X WB Left A SB Left A Thru A Thru A Right A Right A Peds X Peds X NB Right EB Right A A SB Right WB Right Green 12.0 10.0 10.0 2.0 10.0 Yellow 4.0 4.0 4.0 0.0 4.0 All Red 0.0 0.0 0.0 0.0 0.0 Cycle Length: 60.0 secs Intersection Performance Summary Appr Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate Grp Capacity (s) v/c g/C Delay LOS Delay LOS Eastbound L 361 1805 0.39 0.200 21.5 C T 317 1900 0.54 0.167 24.7 C 16.7 B R 808 1615 0.34 0.500 9.3 A Westbound L 361 1805 0.60 0.200 24.7 C T 317 1900 0.25 0.167 22.2 C 23.9 C R 269 1615 0.05 0.167 21.1 C Northbound L 481 1805 0.54 0.267 20.1 C TR 712 3562 0.54 0.200 22.4 C 21.4 C Southbound L 301 1805 0.33 0.167 22.7 C TR 631 3788 0.55 0.167 24.0 C 23.7 C Intersection Delay = 20.9 (sec/veh) Intersection LOS = C HCS-Signals 3.2 File:Cumulative PM- Oak Park @ West Branch.hcs Pa e 1 HCS: Signalized Intersections Release 3.2 Inter: Oak Park Blvd. � West Branch City/St: Arroyo Grande, CA Analyst: LMV Proj #: 14,141.01 Date: 1/22/O1 Period: Cumulative- PM Peak Hour E/W St: West Branch St N/S St: Oak Park Boulevard No. Lanes LGConf ig Volume Lane Width RTOR Vol SIGNALIZED INTERSECTION SUMMARY Eastbound I Westbound I Northbound L T R L T R L T R 0 0 0 � 1 1 1 L LT R 432 174 282 12.0 12.0 12.0 0 1 2 1 L T R 300 463 325 12.0 12.0 12.0 0 Southbound L T R 1 2 0 L TR 212 594 256 12.0 16.0 0 Duration 1.00 Area Type: All other areas Signal Operations Phase Combination 1 2 3 4 5 6 7 8 EB Left NB Left A A Thru Thru A A Right Right A A Peds Peds X X WB Left A SB Left A Thru A Thru A Right A Right A Peds Peds X NB Right A EB Right SB Right WB Right Green 16.0 10.0 4.0 20.0 Yellow 4.0 4.0 0.0 4.0 All Red 0.0 0.0 0.0 0.0 Cycle Length: 62.0 secs Intersection Performance Summary Appr/ Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate Grp Capacity (s) v/c g/C Delay LOS Delay LOS Eastbound Westbound L 466 LT 480 R 417 Northbound L 524 T 1397 R 1146 Southbound L 291 TR 1260 1805 0.65 0.258 23.7 C 1860 0.63 0.258 23.2 C 1615 0.68 0.258 25.1 C 1805 0.57 0.290 20.1 C 3610 0.33 0.387 12.3 B 1615 0.28 0.710 0.8 A 1805 0.73 0.161 34.1 C 3907 0.67 0.323 19.0 B 24.0 C 11.0 B 22.1 C Intersection Delay = 18.7 (sec/veh) Intersection LOS = B HCS-Signals 3.2 File:Cumulative + Project PM- Oak Park @ West Branch...PaQe 1 HCS: Signalized Intersections Release 3.2 Inter: Oak Park Blvd. Q West Branch City/St: Arroyo Grande, CA Analyst: LMV Proj #: 14,141.01 Date: 1/22/Ol Period: Cumulative-+ Project PM Peak E/W St: West Branch St N/S St: Oak Park Boulevard Eastb L T No. Lanes LGConfig Volume Lane Width RTOR Vol _SIGNALIZED INTERSECTION SUMMARY Westbound Northbound R L T R I L T R 0 0 0 1 1 1 L LT R 432 174 292 12.0 12.0 12.0 0 1 2 1 L T R 300 473 325 12.0 12.0 12.0 0 Southbound L T R 1 2 0 L TR 225 618 276 12.0 16.0 0 Duration 1.00 Area Type: All other areas Signal Operations Phase Combination 1 2 3 4 5 6 7 8 EB Left NB Left A A Thru Thru A A Right Right A A Peds Peds X X WB Left A SB Left A Thru A Thru A Right A Right A Peds Peds X NB Right A EB Right SB Right WB Right Green 16.0 10.0 4.0 20.0 Yellow 4.0 4.0 0.0 4.0 All Red 0.0 0.0 0.0 0.0 Cycle Length: 62.0 secs Intersection Performance Summary_ Appr/ Lane Adj Sat Ratios Lane Group Lane Group Flow Rate Grp Capacity (s) v/c g/C Delay LOS Approach Delay LOS Eastbound Westbound L 466 LT 480 R 417 Northbound L 524 T 1397 R 1146 Southbound L 291 TR 1259 1805 0.65 0.258 23.7 C 1860 0.63 0.258 23.2 C 1615 0.70 0.258 26.1 C 1805 0.57 0.290 20.1 C 3610 0.34 0.387 12.3 B 1615 0.28 0.710 0.8 A 1805 0.77 0.161 38.1 D 3902 0.71 0.323 19.8 B 24.3 C 11.0 B 23.5 C Intersection Delay = 19.3 (sec/veh) Intersection LOS = B HCS-Signals 3.2 File:Cumulative PM- Oak Park @ E1 Camino Real.hcs Pa e 1 HCS: Signalized Intersections Release 3.2 Inter: Oak Park Q EL Camino Real City/St: Arroyo Grande, CA Analyst: LMV Proj #: 14,141.01 Date: 1/22/01 Period: Cumulative- PM Peak Hour E/W St: El Camino Real N/S St: Oak Park Boulevard No. Lanes LGConf ig Volume Lane Width RTOR Vol SIGNALIZED INTERSECTION SUMMARY Eastbound Westbound Northbound L T R L T R I L T R 1 1 1 L LT R 619 49 417 12.0 12.0 12.0 0 0 1 1 LT R 47 18 64 12.0 12.0 0 1 2 0 L TR 91 660 33 12.0 14.0 0 Southbound L T R 1 1 1 L T R 98 712 278 12.0 12.0 12.0 0 Duration 1.00 Area Type: Al1 other areas Signal Operations Phase Combination 1 2 3 4 5 6 7 8 EB Left A NB Left A Thru A Thru A Right A Right A Peds Peds WB Left A SB Left A A Thru A Thru A A Right A Right A A Peds Peds NB Right EB Right A SB Right A WB Right A A Green 21.0 5.0 7.0 4.0 30.0 Yellow 4.0 4.0 4.0 0.0 4.0 All Red 0.0 0.0 0.0 0.0 0.0 Cycle Length: 83.0 secs Intersection Performance Summary Appr/ Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate Grp Capacity (s) v/c g/C Delay LOS Delay LOS Eastbound L 448 1770 0.76 0.253 36.4 D LT 452 1787 0.73 0.253 34.3 C 34.3 C R 534 1583 0.78 0.337 32.5 C Westbound LT 108 R 458 Northbound L 149 TR 1355 1798 0.60 1583 0.14 1770 0.61 3748 0.51 0.060 47.5 D 0.289 22.0 C 0.084 44.1 D 0.361 21.1 C 34.8 C 23.8 C Southbound L 320 1770 0.31 0.181 30.0 C T 763 1863 0.93 0.410 47.9 D 35.2 D R 1125 1583 0.25 0.711 4.3 A Intersection Delay = 31.9 (sec/veh) Intersection LOS = C HCS-Signals 3.2 File:Cumulative + Project PM- Oak Park @ E1 Camino R...Pa e 1 HCS: Signalized Intersections Release 3.2 Inter: Oak Park Q EL Camino Real Analyst: LMV Date: 1/22/O1 E/W St: E1 Camino Real No. Lanes LGConf ig Volume Lane Width RTOR Vol Eastb L T City/St: Arroyo Grande, CA Proj #: 14,141.01 Period: Cumulative-+ Project PM Peak N/S St: Oak Park Boulevard SIGNALIZED INTERSECTION SUMMARY R I Westbound NortYibound L T R I L T R 1 1 1 L LT R 627 49 417 12.0 12.0 12.0 0 0 1 1 LT R 47 18 64 12.0 12.0 0 1 2 0 L TR 91 663 33 12.0 14.0 0 Southbound L T R 1 1 1 L T R 98 719 295 12.0 12.0 12.0 0 Duration 1.00 Area Type: All other areas Signal Operations Phase Combination 1 2 3 4 5 6 7 8 EB Left A NB Left A Thru A Thru A Right A Right A Peds Peds WB Left A SB Left A A Thru A Thru A A Right A Right A A Peds Peds NB Right EB Right A SB Right A WB Right A A Green 21.0� 5.0 7.0 4.0 30.0 Yellow 4.0 4.0 4.0 0.0 4.0 All Red 0.0 0.0 0.0 0.0 0.0 Cycle Length: 83.0 secs Intersection Performance Summary Appr/ Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate Grp Capacity (s) v/c g/C Delay LOS Delay LOS Eastbound L 448 1770 0.77 0.253 37.2 D LT 452 1787 0.73 0.253 34.7 C 34.6 C R 534 1583 0.78 0.337 32.5 C Westbound LT 108 R 458 Northbound L 149 TR 1355 1798 1583 1770 3748 0.60 0.060 47.5 D 0.14 0.289 22.0 C 0.61 0.084 44.1 D 0.51 0.361 21.1 C 34.8 C 23.8 C Southbound � L 320 1770 0.31 0.181 30.0 C T 763 1863 0.94 0.410 51.3 D 36.9 D R 1125 1583 0.26 0.711 4.4 A Intersection Delay = 32.7 (sec/veh) Intersection LOS = C HCS-Signals 3.2 File:Cumulative PM- Camino Mercado @ West Branch.hcsPa e 1 HCS: Signalized Intersections Release 3.2 Inter: Camino Mercado Q West Branch City/St: Arroyo Grande, CA Analyst: LMV Proj #: 14,141.01 Date: 1/22/O1 Period: Cumulative PM Peak Hour E/W St: West Branch N/S St: Camino Mercado/ NB 101 Ramps No. Lanes LGConf ig Volume Lane Width RTOR Vol Eastb L T SIGNALIZED INTERSECTION SUMMARY R I Westbound Northbound L T R I L T R 1 1 1 L T . R 42 506 0 12.0 12.0 12.0 0 1 1 0 L TR 133 465 89 12.0 16.0 0 1 1 1 L T R 356 10 11 12.0 12.0 12.0 0 Southbound L T R 1 1 0 , L TR 114 50 55 12.0 14.0 0 Duration 1.00 Area Type: All other areas Signal Operations Phase Combination 1 2 3 4 5 6 7 8 EB Left A NB Left A Thru A Thru A Right A Right A Peds Peds WB Left A A SB Left A Thru A A Thru A Right A A Right A Peds Peds NB Right EB Right SB Right WB Right Green 3.0 1.0 21.0 17.0 7.0 Yellow 4.0 0.0 4.0 4.0 4.0 All Red 0.0 0.0 0.0 0.0 0.0 Cycle Length: 65.0 secs Intersection Performance Summary Appr/ Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate Grp Capacity (s) v/c g/C Delay LOS Delay LOS Eastbound L 82 1770 0.51 0.046 35.8 D T 602 1863 0.84 0.323 31.8 C 32.1 C R 511 1583 0.00 0.323 14.9 B Westbound L 218 1770 0.61 0.123 32.0 C TR 697 2060 0.79 0.338 26.1 C 27.3 C Northbound L 463 T 487 R 414 Southbound L 191 TR 197 1770 0.77 0.262 30.3 C 1863 0.02 0.262 17.8 B 1583 0.03 0.262 17.9 B 1770 0.60 0.108 32.8 C 1831 0.53 0.108 30.3 C 29.6 C 31.6 C Intersection Delay = 29.7 (sec/veh) Intersection LOS = C HCS-Signals 3.2 File:Cumulative + Pro'ect PM- Camino Mercado @ West Pa e 1 HCS: Signalized Intersections Release 3.2 Inter: Camino Mercado @ West Branch City/St: Arroyo Grande, CA Analyst: LMV Proj #: 14,141.01 Date: 1/22/O1 Period: Cumulative + Project PM Peak E/W St: West Branch N/S St: Camino Mercado/ NB 101 Ramps No. Lanes LGConfig Volume Lane Width RTOR Vol SIGNALIZED INTERSECTION SUMMARY Eastbound Westbound Northbound L T R L T R I L T R 1 1 1 L T R 42 508 0 12.0 12.0 12.0 0 1 1 0 L TR 133 465 89 12.0 16.0 0 1 1 1 L T R 362 10 11 12.0 12.0 12.0 0 Duration 1.00 Area Type: All other areas Signal Operations Phase Combination 1 2 3 4 5 EB Left A NB Left A Thru A Thru A Right A Right A Peds Peds WB Left A A SB Left Thru A A Thru Right A A Right Peds Peds NB Right EB Right SB Right WB Right Green 3.0 1.0 21.0 17.0 Yellow 4.0 0.0 4.0 4.0 Al1 Red 0.0 0.0 0.0 0.0 Cycle Length: 65.0 secs Intersection Performance Summary_ Appr Lane Adj Sat Ratios Lane Group Lane Group Flow Rate Grp Capacity (s) v/c g/C Delay LOS Southbound L T R 1 1 0 L TR 114 50 55 12.0 14.0 0 6 7 8 A A A 7.0 4.0 0.0 Approach Delay LOS Eastbound L 82 1770 0.51 0.046 35.8 D T 602 1863 0.84 0.323 32.2 C 32.5 C R 511 1583 0.00 0.323 14.9 B Westbound L 218 1770 0.61 0.123 32.0 C TR 697 2060 0.79 0.338 26.1 C 27.3 C Northbound L 463 T 487 R 414 Southbound L 191 TR 197 1770 0.78 0.262 31.3 C 1863 0.02 0.262 17.8 B 1583 0.03 0.262 17.9 B 1770 0.60 0.108 32.8 C 1831 0.53 0.108 30.3 C 30.5 C 31.6 C Intersection Delay = 30.0 (sec/veh) Intersection LOS = C HCS-Signals 3.2 File:Cumulative PM- E1 Camino Real @ Briseo Rd hcs Paqe 1 HCS: Signalized Intersections Release 3.2 Inter: E1 Camino Real Q Brisco Road City/St: Arroyo Grande, Analyst: LMV Proj #: 14,141.01 Date: 1/22/Ol Period: Cumulative- PM E/W St: El Camino Real N/S St: Brisco Road No. Lanes GGConfig Jolume Lane Width ZTOR Vol SIGNALIZED INTERSECTION SUMMARY Eastbound Westbound Northbound L T R L T R L T R 1 1 1 1 1 1 1 1 1 L T R L T R �L T R 24 177 59 78 122 525 50 198 76 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 � 0 0 CA Peak Sou L T R 1 1 1 L T R 361 261 48 12.0 12.0 12.0 0 Duration 1.00 Area Type: All other areas Signal Operations ?hase Combination 1 2 3 4 5 6 7 g �B Left A NB Left p, Thru A Thru A Right A . Right A Peds Peds WB Left A SB Left A Thru A Thru A Right A Right A Peds Peds *1B Right EB Right A 3B Right WB Right A ureen 23.0 15.0 10.0 Yellow 4.0 4.0 4.0 ill Red 0.0 0.0 0.0 .:ycle Length: 60.0 secs Intersection Performance Summary :ppr/ Lane Adj Sat Ratios Lane Group Approach ,ane Group Flow Rate srp Capacity (s) v/c g/C Delay LOS Delay LOS ;astbound � 485 1264 0.05 0.383 11.7 B r 714 1863 0.25 0.383 12.8 B 976 1583 0.06 0.617 4.6 A �estbound � 460 1201 714 1863 1108 1583 Vorthbound 295 1770 311 1863 2 264 1583 =outhbound 443 1770 . 466 1863 ' ? 396 1583 Intersection Delay 0.17 0.383 0.17 0.383 0.47 0.700 0.17 0.167 0.64 0.167 0.29 0.167 0.81 0.56 0.12 = 17.3 12.4 B 12.3 B 4.4 A 21.7 C 27.7 C 22.5 C 10.8 B 6.6 A 25.5 C 0.250 33.5 C 0.250 21.2 C 27.5 0.250 17.5 B (sec/veh) Intersection C LOS = B HCS-Signals 3.2 File:Cumulative + Project PM- El Camino Real @ Brisc Pa e 1 HCS: Signalized Intersections Release 3.2 Cnter: E1 Camino Real @ Brisco Road City/St: Arroyo Grande, CA �n.alyst: LMV Proj #: 14,141.01 Date: 1/22/O1 Period: Cumulative + Project �/W St: E1 Camino Real . N/S St: Brisco Road �To . Lanes ,GConf ig Jolume Lane Width :TOR Vol s L T SIGNALIZED INTERSECTION SUNIIKARY Westbound Northbound R I L T R I L T R 1 1 1 1 1 1 L T R L T R 24 177 59 78 122 525 12.0 12.0 12.0 12.0 12.0 12.0 0 p 1 1 1 L T R 50 198 76 12.0 12.0 12.0 0 Southbound L T R 1 1 1 L T R 361 261 48 12.0 12.0 12.0 0 Duration 1.00 Area Type: All other areas Signal Operations �hase Combination 1 2 3 4 5 6 7 8 �B Left A NB Left 1� Thru A Thru A Right A � Right A Peds Peds �1B Left A SB Left A Thru A Thru A � Right A Right A Peds " Peds B Right EB Right A B Right WB Right A Jreen 23.0 15.0 10.0 'ellow 4.0 4.0 4.0 11 Red 0.0 0.0 0.0 :ycle Length: 60.0 secs Intersection Performance Summary ppr/ Lane Adj Sat Ratios Lane Group Approach .ane Group Flow Rate =rp Capacity (s) v/c g/C Delay LOS Delay LOS astbound � 485 1264 0.05 0.383 11.7 B ' 714 1863 0.25 0.383 12.8 B 10.8 B 976 1583 0.06 0.617 4.6 A iestbound � 460 1201 0.17 0.383 12.4 B 714 1863 0.17 0.383 12.3 B 6.6 A � 1108 1583 0.47 0.700 4.4 A 'orthbound 295 1770 0.17 0.167 21.7 C 311 1863 0.64 0.167 27.7 C 25.5 C� 264 1583 0.29 0.167 22.5 C �uthbound 443 1770 0.81 0.250 33.5 C 466 1863 0.56 0.250 21.2 C 27.5 C 396 1583 0.12 0.250 17.5 B Intersection Delay = 17.3 (sec/veh) Intersection LOS = B 9.c. CITY OF ARROYO GRANDE CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a Public Hearing� will be held by the City Council of the City of Arroyo Grande on the following item: Applicant: City of Arroyo Grande Location: Citywide Proposal: An Urban Water Management Plan Update is being prepared by the Public Works Department for the Califomia Department of Water Resources. The update includes the City's Water Facilities, Projected Water Supply, Projected Water Use, Water Conservation Program, Water Shortage Contingency Analysis and Recycled Water Opportunities. Environmental Determination: Representative: Section 15262 of the Califomia Environmental Quality Act provides that planning studies such as the Urban Water Management Plan Update are exempt from the requirements to prepare Environmental Impact Reports or Negative Declaration. Don Spagnolo, Director of Public Works/City Engineer Any person affected or concerned by this proposal may submit written comments to the � Administrative Services Department before the City Council hearing, or appear and be heard in support of or opposition to the proposal at the time of the hearing. Any person interested in the proposal may contact the Public Works Department, 208 East Branch Street, Arroyo Grande, California, during normal business hours (8:00 a.m. to 5:00 p.m.), Monday through Friday. IF YOU CHALLENGE AN ITEM IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE MEETING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY COUNCIL AT, OR PRIOR TO, THE PUBLIC HEARING. FAILURE OF ANY PERSON TO RECEIVE THE NOTICE SHALL NOT CONSTITUTE GROUNDS FOR ANY COURT TO INVALIDATE THE ACTION OF THE LEGISLATIVE BODY FOR WHICH THE NOTICE WAS GIVEN. Date and Time of Hearing: Place of Hearing: Tuesday, May 22, 2001, 7:00 P.M. Arroyo Grande City Council Chambers 215 East Branch Street Arroyo Grande, California �"��� Kelly et ore, Director of Administrative Services/ Deputy City Clerk Publish 1T, Friday, May 11, 2000 �� INCOFPORATED � tJ � � .x,t. �a. ,a„ ,� c4 ��fORN� P TO: FROM: SUBJECT: DATE: MEMORANDUM CITY COUNCIL DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER� APPROVE THE URBAN WATER MANAGEMENT PLAN UPDATE MAY 22, 2001 RECOMMENDATION: It is recommended the Council adopt the attached resolution approving the Urban Water Management Plan Update. FUNDING: Urban water suppliers need to adopt and submit to the Department of Water Resources an Urban Water Management Plan to be eligible to receive drought assistance from the State. Although a request to receive drought assistance from the State has never been filed by the City, conditions may require use of these funds in the future. DISCUSSION: The Urban Water Management Planning Act states that Urban Water Management Plans are to be submitted from urban water suppliers delivering more than 3,000 acre feet of water or having more than 3,000 connections. The draft plan was presented to the Council on December 12, 2000. After the public hearing and discussion, the Council requested that staff modify the plan to include an updated population and projected growth rate. Population projections and growth rate information was provided by the City's General Plan consultant. It was recommended that the official 2000 census population of 15,851 and an annual growth rate of 1 percent be used for engineering purposes in preparing the City's Urban Water Management Plan update. Current development including projects under construction is factored into the overall growth rate. The City's plan contains information on water supply, water use, and existing conservation programs. The water supply section of the plan focuses on ground water, surface water, recycled water, supplemental water, and supply projections to the year 2020 including a 3-year worst case water supply estimate. The water use section focuses on past, current, and projected water use to the year 2020. The water conservation section focuses on the City's adherence to the 16 Best Management Practices (BMP's) established by the Department of Water Resources. The draft plan includes all information necessary to meet the requirements of the California Urban Water Management Planning Act. The City is required to update this plan every fve years. The existing plan was last updated in 1990. The following key changes were made from the previous plan: • document format including the addition of various tables • addition of best management plan, including water conservation • revision to the projected water demand based on projected build out • revision to the projected water supply The Department of Water Resources will review each plan in the order that they are received from each urban water supplier. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Approve staff's recommendation and adopt the resolution; - Do not approve staff's recommendation; - Modify as appropriate and approve staff's recommendation; or - Provide direction to staff. Attachments: Urban Water Management Plan Council Agenda Memorandum dated December 12, 2000 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO ADOPTING AND DIRECTING THE FILING AND IMPLEMENTATION OF THE CITY OF ARROYO GRANDE URBAN WATER MANAGEMENT PLAN WHEREAS, the California Legislature enacted Assembly Bill 797 (Water Code Section 10610 et. seq.), known as the Urban Water Management Planning Act, which mandates that every urban supplier of water providing water for municipal purposes to more than 3,000 customers or supplying more than 3,000 acre feet. of water annually, prepare an Urban Water Management Plan (sometimes herein "Plan"), the primary objective of which is to plan for the conservation and efficient use of water; and WHEREAS, AB 797 required that an initial Plan be adopted by December 31, 1985, after public review and hearing, and filed with the California Department of Water Resources within thirty days of adoption; and WHEREAS, the City of Arroyo Grande did prepare and file said Plan with the California Department of Water Resources after adoption in December,1985 and updated the Plan in 1990; and WHEREAS, AB 797 requires that said Plan be periodically reviewed at least once every five years, and that the urban water supplier shall make any amendments or changes to its plan which are indicated as necessary by the review; and WHEREAS, the City is an urban supplier of water providing water to more than 5,600 customers, and has therefore prepared and advertised for public review a Urban Water Management Plan Update, in compliance with the requirements of AB 797, and a properly noticed public hearing regarding said Plan Update was held by the City Council on May 22, 2001. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. The Urban Water Management Plan Update is hereby adopted and ordered filed with the Director of Administrative Services; 2. The City Manager is hereby authorized and directed to file the Plan Update with the California Department of Water Resources within 30 days after the date set forth below, in accordance with AB 797; 3. The City Manager is hereby authorized and directed to implement the programs as detailed in the adopted Urban Water Management Plan Update, including development of recommendations to the City Council regarding necessary procedures, rules, and regulations to carry out effective and equitable water conservation programs. On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 22" day of May, 2001. RESOLUTION NO. Page 3 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY e�E� of 4� 'L'�O 0 � zanc�E URBAN WATER MANAGEMENT PLAN MAY, 2001 2001 URBAN WATER MANAGEMENT PLAN TABLE OF CONTENTS SECTION I - Plan Adoption, Public Participation, and Planning Coordination . . . . . . . . . . . . . . 1 P1anAdoption ..........................................................1 Public Participation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Coordination Within the City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Interagency Coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 SECTION II - The City of Arroyo Grande - History and Water Facilities . . . . . . . . . . . . . . . . . . 2 Climate................................................................2 Water Treatment and Distribution Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 SECTION III - Past, Current, and Projected Water Supply 1980 - 2020 and Three-Year Worst Case Supply Projections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 GroundWater ...........................................................3 Local Surface Water from Lopez Reservoir (Arroyo Grande Creek Watershed) ....... 4 RecycledWater .........................................................5 Three-Year Worst Case Water Supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Supplemental Water Supplies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 SECTION N - Past, Current, and Projected Water Use 1980 - 2020 . . . . . . . . . . . . . . . . . . . . . . 8 ResidentialSector .......................................................8 Commercial Sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 IndustrialSector .........................................................9 InstitutionaUGovernment Sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Agricultural Sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Supply and Demand Comparison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 SECTION V - Water Conservation Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 BMP 1- Interior and Exterior Water Audits for Single Family and Multi Family Customers......................................................12 BMP 2 - Plumbing Retrofit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 BMP 3- Distribution System Water Audits, Leak Detection, and Repair ........... 12 BMP 4 - Metering with Commodity Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 BMP 5 - Large Landscape Water Audits and Incentives . . . . . . . . . . . . . . . . . . . . . . . . . 13 BMP 6 - Landscape Water Conservation Requirements . . . . . . . . . . . . . . . . . . . . . . . . . 13 BMP 7 - Public Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 BMP 8 - School Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 BMP 9 - Commercial and Industrial Water Conservation . . . . . . . . . . . . . . . . . . . . . . . . 13 BMP 10 - New Commercial and Industrial Water Use Review . . . . . . . . . . . . . . . . . . . 13 BMP 11 - Conservation Pricing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 BMP 12 - Landscape Water Conservation for New and Existing Single Family Homes 14 BNIP 13 - Water Waste Prohibition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 BMP 14 - Water Conservation Coordinator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 BMP 15 - Financial Incentives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 BMP 16 - Ultra Low Flow Toilet Replacement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 SECTION VI - Water Shortage Contingency Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 SECTION VII - Recycled Water Opportunities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 System Summary and Previous Reclamation Studies . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 SSLOCSD Wastewater Treatment Plant (WWTP) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 LIST OF TABLES Table 1: Past Water Supply, 1980 - 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Table 2: Projected Water Supply, 2005 - 2020 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Table 3: Three-Year Worst Case Water Supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Table 4: Past Water Use, 1980 - 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Table 5: Projected Water Usage, 2005 - 2020 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 APPENDICES Appendix A: Adopting Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Appendix B: List of Contact People . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Appendix C: Excerpts from the Municipal Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 _ 2001 URBAN WATER MANAGEMENT PLAN Section I Plan Adoption, Public Participation, and Planning Coordination Plan Adoption The City of Arroyo Grande prepared this update of its Urban Water Management Plan (UWMP) during the Spring of 2001. The updated plan will be adopted by the City Council in May, 2001 (see Appendix A) and will be submitted to the California Department of Water Resources (DWR) within 30 days of Council approval. This plan includes all information necessary to meet the requirements of the California Water Code, Division 6, Part 2.6 (Urban Water Management Planning). Appendix B contains a list of people who were contacted in the development of the plan. Public Participation The City has involved the public in the Conservation planning process since the development of its first UWMP in 1985. As in past efforts, a public hearing was held at the regular City Council meeting for the current UWMP. Legal public notices were published in the local press prior to the hearing, and copies of the draft plan were made available at the City Hall. Coordination Within the City Coordination within the City of Arroyo Grande included valuable input from the Community Development, Building and Public Works Deparhnents. The Community Development Department assisted with long-range land use predictions and future service needs. The Public Works department provided past and current water use data, billing structures, and lea.k audit information. Interagency Coordination The City of Arroyo Grande receives a substantial amount of its water resources from the Lopez Reservoir Project as described in Section II. A number of other agencies in south San Luis Obispo County also receive water from the project. These agencies include the City of Pismo Beach, the City of Grover Beach, Avila Beach, Port San Luis, and the Oceano Community Services District. A technical advisory committee composed of a representative of each agency advises the County Flood Control District in matters pertaining to the Lopez Project. During preparation of the UWMP, the 3-year worst-case supply scenario was based in part on a draft drought contingency analysis prepared by this committee. In addition, Grover Beach provided a copy of its UWMP to City Staff for consideration of conservation planning efforts by a nearby community. The Lopez Unified School District was also contacted regarding current education curriculum relating to conservation. -1- Section II The City of Arroyo Grande - History and Water Facilities The City of Arroyo Grande is located in the Southern portion of San Luis Obispo County along the banks of the Arroyo Grande Creek. The City, a general law entity, currently incorporates 5.45 square miles of land area with primarily residential and agricultural land uses. The City's distinctive character derives from its traditional ties to agriculture, physical diversity, unique village, small town atmosphere, and rural setting. The City currently serves a population of 15,851 residents through 5,713 metered connections. All connections to the City's water system aze metered, and there are no agricultural or industrial connections. In 2000, the City produced a total of 3,384 acre-feet of water. Water supply sources for the City are described below in Section III - Past, Current, and Project Water Supply. Climate The City of Arroyo Grande has a Mediterranean coastal climate with mild, dry summers and cool winters. The average annual precipitation is 16 inches. Water Treatment and Distribution Facilities The City delivers potable water supplies through its pressurized distribution system. The distribution system is composed of 65 miles of distribution mains, five storage reservoirs, and four pumping stations. The City's well system consists of seven wells, chlorination facilities, and a blending facility. Well No. 9 in the City system extracts water from the Pismo Formation, a different aquifer from the other six wells. Raw water from Well No. 9 receives iron/manganese filtration treatrnent prior to entering into the system. Lopez Proj ect water receives treatment at a County-owned facility and enters the City's system at two metering stations. All City potable water is treated to meet drinking water standards, regardless of the source of supply. Wastewater treatment is conducted by the South San Luis Obispo County Sanitation District (SSLOCSD) at their Regional Treahnent Facility. -2- _ _ __ _ __._ Section III Past, Current, and Projected Water Supply 1980-2020 and Three-Year Worst Case Supply Projections The City of Arroyo Grande has a variety of water sources including ground water, local surface water, and ponded storm water. The City has potential additional supplies from water transfer agreements and sub-surface "banking" of surface water supplies. Ground Water Prior to 1966, the City's water supply was derived solely from groundwater pumping from the Arroyo Grande Plain, Tri-Cities Mesa (AGP-TCM) groundwater sub-basin of the Santa Maria Ground Water Basin. In 1966, the City entered into an agreement with the County of San Luis Obispo Flood Control District to receive a yearly allocation of 2,290 acre-feet of additional water from the Lopez Reservoir Project as described below. Since then, groundwater has been used as a secondary source of supply, with an average yearly groundwater extraction of 437 AFY for the time period of 1997 through 2000. Four urban agencies currently extract water from the AGP-TCM basin including the City of Arroyo Grande, the City of Grover Beach, the City of Pismo Beach, and the Oceano Community Services District. Additional basin uses include agriculture and subsurface flow to the Pacific Ocean. The above-referenced urban entities entered into an informal understanding in 1983 regarding safe well extractions from the basin. This understanding is often referred to as the "Gentleman's Agreement" Each entity was allocated a yearly basin extraction based on a 1979 Groundwater Study performed by the Department of Water Resources and groundwater use preceding the Lopez Project. The City's preliminary entitlement was established at 1,200 AFY. The Department of Water Resources has prepared an updated groundwater study which possibly could be used to refine safe entitlements. Five of the City's wells (Well No.'s 1, 3, 4, 5, & 8) pump water from the Paso Robles Formation of the AGP-TCM at a casing depth of 200 to 251 feet. Nitrate levels in the raw water from Well No. 5 exceeds Maximum Contaminant Level. As a result, the raw water is blended with Lopez Project water or other well water to dilute the nitrates. City Well No. 7(1,000 gpm) extracts water from a casing depth of 580 feet and does not have high nitrate levels. In addition to the water supply obtained from the Paso Robles Formation of the AGP-TCM, Well No. 9 within the City system is capable of extracting approximately 100 AFY from a separate basin source - the Pismo Formation. The casing depth for this well is 389 feet, and the well water receives iron/manganese treatment prior to discharge into the system. Water used for agriculture within the City limits is produced from privately-owned wells and from riparian diversions. The City does not have any agricultural connections to the public water system. The owners of these private agricultural water wells produce 80 to 90 percent of the water extracted from the AGP-TCM sub-basin. The major diversions of surface water occur during irrigation of lands adjoining Arroyo Grande Creek. The Lopez Project is obligated to discharge up to 4,200 acre-feet of untreated surface water into Arroyo Grande Creek during non- -3- spill periods. The purpose of this release is to maintain groundwater levels in the wells downstream of the dam and to satisfy downstream vested water rights. Agricultural groundwater pumping rates are expected to remain relatively constant in the future. The Lopez Project is currently in the process of amending the Water Rights Application with the State Water Resources Control Board. In conjunction with this application amendment, a Habitat Conservation Plan is currently in process to address concerns of how the Project manages the dam releases. This plan is expected to be completed by the end of 2001. Local Surface Water from Lopez Reservoir (Arroyo Grande Creek Watershed) In 2000, the City entered into a new agreement with the County of San Luis Obispo Flood Control District to receive a yearly allocation of 2,290 acre-feet of water from the Lopez Reservoir Project. The City's allocation accounts for approximately 51% of the available purchased water from Lopez. In addition to its yearly allocation, the City is also eligible for surplus water from the project. Since that date, an average surplus of 580 acre-feet per year (AFY) has been purchased. The minimum surplus available since 1986 occurred in 1991-92, near the end of a period of drought, during which the available surplus was 247 acre-feet. The Lopez Reservoir Project receives runoff from the Arroyo Grande Creek Watershed. The capacity of the reservoir is 51,700 acre-feet, and 4,200 acre-feet of untreated surface water is available for discharge into Arroyo Grande Creek as described previously. In a year of average precipitation, the "normal" inflow into the reservoir is 10,730 acre-feet, evaporation is 2,000 acre-feet, and therefore safe yield is 8,730 AFY. During the drought years of 1986 through 1990, the average yearly inflow was only 4,500 AFY. Using this information, the net yearly reduction in reservoir storage can be calculated as follows: SLrface Storm RLnoff into Reservoir: "Normal" Inflow into Lopez Reservoir = 10,730 AFY "Drought" Inflow into Lopez Reservoir (1986-90) = 4,500 AFY Demands on L.onez Reservoir Water: Evaporation = 2,000 AFY Available downstream release = 4,200 AFY Urban Users = 4,530 (the City of AG receives 50.5% or 2,290 AFY) Total Yearly Demand = 10,730 AFY ► � � - �� - � � • �� � 11 1 1 � 1 : The minimum pool for the reservoir is 4,000 acre-feet. If this minimum stage of the reservoir is reached and a drought continues, the City of Arroyo Grande will not receive its fu112,290 AFY entitlement, but will continue to receive 50.5% of the safe urban yield. The Lopez Reservoir is currently at 72% of capacity, which equates to 37,400 acre-feet of storage. If an extended drought begins this year, and it is assumed that all water recipients continue to use their full entitlements, the reservoir will reach minimum pool after approximately 5 years of drought. The County Flood Control District (Zone 3) is currently working on an Urban Management Plan to -4- implement drought-related demand reduction measures well in advance of the reservoir reaching minimum pool. This plan should be available by the end of 2000. Recycled Water In addition to the domestic supply sources described above, the City operates the Soto Sports Complex Storm Water Reclamation Project. The project includes a forty-acre joint use facility which serves as a collection point for drainage from a third of the City's area. Storm water is collected for the subsequent irrigation of a park and seven athletic fields. The estimated irrigation capacity of the system is 100 AFY. The system includes drainage water sumps, an irrigation well, one booster pump stations, and an irrigation system. Wastewater from the City of Arroyo Grande is treated by the South San Luis Obispo County Sanitation District Treatment Plant. Wastewater from several urban entities is treated by the plant to a secondary-disinfected level and discharged to the Pacific Ocean. Several studies have been conducted to examine the feasibility of reclamation, but recycled water has not been deemed cost effective to date. This topic is covered in additional detail in Section VII, Recycled Water Opportunities. The following tables summarize the above-referenced water sources, examine past supply amounts, and project water supply through to the year 2020: Table 1: Past Water Supp1y,1980-2000 Past Water Supply by Year (acre-feet) Sources of Supply 1980 1985 1990 1995 2000 Ground Water - AGP-TCM Sub-basin 1,200 1,200 1,200 1,200 1,200 Ground Water - Pismo Formation (Well No. 9) 100 100 Lopez Reservoir Project Water Entitlement 2,290 2,290 2,290 2,290 2,290 Surplus Lopez Project Water 600 700 910 500 Soto Sports Complex Reclamation Project 100 100 100 Totals 3,490 4,090 4,390 4,600 4,190 -5- Table 2: Projected Water Supply, 2005-2020 Future Projected Water Supply by Sources of Supply Year (acre-feet) 2005 2010 2015 2020 Ground Water - AGP-TCM Sub-basin 1,200 1,200 1,200 1,200 Ground Water - Pismo Formation (Well No. 9) 100 100 100 100 I;opez Reservoir Project Water Entitlement 2,290 2,290 2,290 2,290 Surplus Lopez Project Water' 250 250 250 250 Soto Sports Complex Reclamation Project 100 100 �00 100 Totals 3,940 3,940 3,940 3,940 Notes: 1. Surplus water is projected conservatively based on the minimum available surplus obtained from 1984 through 1996. The minimum surplus of 250 acre-feet was obtained in 1991-92 at the end of a period of drought. Three Year Worst Case Water Supply In seasons of extended drought, the City of Axroyo Grande could receive a reduced surface water allocation from the Lopez Project. However, current reservoir levels will allow the normal allocation to be obtained over the next three years. For purposes of a worst case supply, it is assumed that no surplus water will be available. Table 3: Three-Year Worst Case Water Supply Three-Year Worst-Case Supply Sources of Supply Projections (acre-feet) Year 1 Year 2 Year 3 Ground Water - AGP-TCM Sub-basin 1,200 1,200 1,200 Ground Water - Pismo Formation (Well No. 9) 100 100 100 Lopez Reservoir Project Water Entitlement 2,290 2,290 2,290 Surplus Lopez Project Water 0 0 0 Soto Sports Complex Reclamation Project 50 50 50 Totals 3,640 3,640 3,640 � Supplemental Water Supplies In order to offset potential future water shortages due to drought or disaster, the City is considering the following supplemental water supplies: Water Transfers Several entities in San Luis Obispo and Santa Barbara Counties are contractors to the Coastal Branch of the State Water Project. State water is delivered through the existing Lopez Project pipeline which also serves the City of Arroyo Grande. State Water Contractors may sell a portion of their water allocation for emergency or stand-by water. In 1990, the people of Arroyo Grande passed Measure A which stipulates that final decisions regarding State Water must be put to a general vote. "Banking" of Surplus Lopez Water in the AGP-TCM Basin In years with adequate precipitation, a significant amount of surplus Lopez water, even as much as 1,000 acre-feet, is available for purchase by the City of Arroyo Grande. The City has retrofitted one well within the City system to test the possibility of "banking" surplus Lopez water in the AGP-TCM Basin for future shortfalls. If this program is successful, it offers an opportunity to use the groundwater basin conjunctively with the Lopez reservoir to increase the overall yield of the basin. -7- Section IV Past, Current, and Projected Water Use 1980-2020 Residential Sector In the City of Arroyo Grande, residential use accounts for nearly 80% of total water consuxnption. In 1999, the average use for each single family residence was 400 gallons per day. The average residential (single and multiple family) per capita use, excluding other water use categories, has remained fairly constant over the last four years within a range of 137 to 167 gallons per capita per day (gpcd). Each multi-family water account typically represents more than one dwelling unit. As a result, use per connection estimates in the multi-family category provide limited information. A discretionary water neutralization program has been employed by the City since 1991. The Community Development Department conditions residential and commercial developers to retrofit existing properties.to offset proposed water use. In accordance with the City's General Plan Update, the population of the City is expected to increase from 15,851 to 20,000 over the next twenty years - a growth rate of approximately 1.0%. When compared to the existing residential areas, future development in the City is expected to consist of larger lots/homes with proportionately more landscaping. As a result, even though conservation efforts aze expected to reduce per capita usage over the next 20 years, these efforts will be partially offset by the larger lots. Commercial Sector The City of Arroyo Grande has a variety of existing commercial land uses including the following general areas: The Arroyo Grande Village - The Village area has a small-town, rustic nature and includes such commercial installations as antique and novelty shops, restaurants, coffee houses, professional offices, and other small retail operations. 2. Highway 101 Corridor/Grand Avenue - This area includes larger retail installations for general shopping and commercial needs. 3. Halcyon Road - Predominantly medical-related businesses due to the proximity to Arroyo Grande Hospital. 4. Traffic Way - Mostly auto and auto-related commercial uses. 5. El Camino Real - Auto repair, miscellaneous fabrication and small production facilities, and a hardware store. : 6. Five Cities Center - This area includes large retail operations for general shopping. Industrial Sector The City does not have any vacant land zoned for industrial use. There are currently no industrial water connections in the City system. InstitutionaVGovernment Sector The City has a slowly growing institutionaUgovernmental sector, primarily local government, an elementary school, and a performing arts center are expected to be constructed in the upcoming years. Water use is estimated to increase at the rate of approximately 0.9% per year. Agricultural Sector All agricultural water within the City limits is provided by private wells. The City places a high value on maintaining agricultural land uses within the City and as a result, it is expected that agricultural ground water pumping will remain fairly constant over the next 20 years. ',�,'1' _ _.__- Table 4: Past Water Use,1980-2000 Past Water Use by Year (acre-feet) Customer Sector 1980 1985' 1990 1995 2000 Residential - Single Family -- -- 2,066 1,887 2,375 Residential - Multi-Family -- -- 275 155 197 CommerciaUInstitutional -- -- 275 310 343 Governmental, System Maintenance -- -- 138 103.5 116 Landscape Irrigation -- -- N/A 129.2 200 Agricultural -- -- 0 0 0 Industrial -- -- 0 0 0 Unaccounted (losses) -- -- 168 43 153 Totals 1,942 2,683 2,922 2,628 3,384 Notes: 1. Prior to 1988, water use was not reported by customer sector. 2. Per-capita usage was lower in 1995 due to above average rainfall. 3. Per-capita usage was high in 2000 due to below average rainfall. Table 5: Projected Water Usage, 2005-2020 Projected Water Use by Year (acre-feet) Customer Sector 2005 2010 2015 2020 Residential - Single Family 2,350 2,470 2,590 2,720 Residential - Multi-Family 160 170 180 190 CommerciaUInstitutional 330 340 360 380 Governmental, System Maintenance 100 100 110 115 Landscape Irrigation 160 170 180 190 Agricultural 0 0 0 0 Industrial 0 0 0 0 Unaccounted for Losses (Assume 5%) 160 170 180 185 Totals 3,260 3,420 3,600 3,780 Note: �1'he pro�ected water use figures are based upon a 1% growth rate and a per-capita use of 175 gpd/person. -10- Supply and Demand Comparison Tables 1 through 5 compare past, current, and project water supply and demand. These tables indicate that the City should have adequate water supplies to meet its customers' needs through 2020. In summary, this estimate is based on the following assumptions: Lopez Reservoir water will continue to be available at current levels. As described previously, the reservoir has storage adequate to survive a 5-year-long drought condition before minimum pool is reached, and demand reduction measure would be implemented well before that point. Ground water from the AGP-TCM Sub-basin will continue to be available in accordance with the "Gentleman's Agreement." Ground water from the Pismo Formation will also continue to be available at the current rate. The City will continue to operate and maintain the Soto Sports Complex Storm Water Reclamation Project. -11- Section V Water Conservation Programs BMP 1- Interior and Exterior Water Audits for Single Family and Multi-Family Customers Over the past 5 yeazs, the City has been engaged in a number of retrofit efforts. Retrofitting is generally performed by developers in order to offset water use anticipated with new commercial or residential construction. This "water neutralization" process is applied as a mitigation measure during the planning process. In June 1997, the City was able to further its efforts toward implementation of BMP 1 as a result of water neutralization for a 44-acre commercial development. The mitigation measure for the project indicated that the developer must implement a retrofit program to offset 48 AFY of water use. As part of this effort, the City identified the top 20% of water users in the residential and commercial sectors. This identification process was facilitated by a computer database containing categorized metered use data. In the future, the City will continue to make retrofitting efforts through water neutralization a priority as new development continues. The capabilities of the water use data base will allow the City to update the list of top water users in conjunction with the retrofit process. The City will continue to implement this BMP as a mitigation measure for new development. BMP 2 - Plumbing Retrofit The City has adopted the Uniform Plumbing Code (UPC) in connection with new construction. As a result, the water-conserving provisions of the UPC, including low flow toilets, are incorporated into new construction in the City. The City does not consider the retrofit portion of this BMP to be separate from BMP 1. BMP 3- Distribution System Water Audits, Leak Detection, and Repair The Public Works Department carefully accounts for water production and use. The City maintains an on-going program of ineter calibration and replacement that tracts the age and calibration frequency of each city meter. Water for flushing operations and other maintenance procedures is also measured and logged. These efforts have produced a system that is consistently under 5% of total production in un-accounted-for water (UAV�. The City has also implemented an on-going capital improvement program for the replacement of older water mains and services. In the future, the City will continue to audit water use and production carefully in order to maintain the current low levels of UAW. BMP 4- Metering with Commodity Rates All connections within the City are metered, and billing is proportional to volume of use. The City will continue to implement this BMP in the future. -12- BMP 5- Large Landscape Water Audits and Incentives Large landscape users within the City of Arroyo Grande include four parks, a sports complex, and the Arroyo Grande District Cemetery. Following the 1985 UWMP, the City identified the Soto Sports Complex as a significant irrigation water user and proceeded with a storm water reclamation project for irrigation of the site as described in previous sections. Currently, the cemetery is the largest irrigation user with an average consumption of approximately 20 acre-feet per year for 1995 and 1996. As the City engages in additional retrofit programs in conjunction with development, the cemetery and other large landscape sites will be identified as possible sources of water neutralization. BMP 6- Landscape Water Conservation Requirements The City has not yet adopted a conservation landscape ordinance. However, new development projects are often conditioned to provide drought resistant landscaping, install drip irrigation systems, and limit use of landscaping using high water demand. BMP 7 - Public Information The City has a forum to promote water conservation in its newsletter entitled "The Stage Coach Express." The newsletter provides opportunity to inform the public on conservation efforts, retrofit opportunities, and new City conservation policies. Other opportunities for public involvement will occur as an integral part of the Urban Management Plan preparation process. The City will continue to implement this BMP to keep the public aware of the importance of conservation. BMP 8 - School Education During the preparation of this UWMP, the City contacted the curriculum department of the Lucia Mar School District. According the curriculum coordinator, water conservation education has been incorporated into the various science programs. Implementation of this BMP is expected to continue at its current level. BMP 9- Commercial and Industrial Water Conservation As described in BMP 1, the top 20% of commercial water users in Arroyo Grande have been identified in conjunction with water neutralization for new development. The City will continue to identify top commercial users to facilitate the meeting of retrofit requirements. BMP 10 - New Commercial and Industrial Water Use Review The last large vacant commercial property within the City has been developed. When preparing the conditions of approval for this site, the City required water neutralization, conservation landscaping, and other items consistent with this BMP. There are no industrial connections within the City, and future commercial development will be primarily in-fill on small lots. New commercial installations will be required to comply with UPC requirements for low flow fixtures. -13- _ _ __ . _ _ -- --- -- BMP 11 - Conservation Pricing As described in BMP 4, the City's water billing is by volume of use. A uniform rate (currently 90¢ per 100 cubic feet) is added to a moderate fixed charge and the Lopez charge to form the total water charge. The sewer collection bill is also billed at a rate depending on the account type of rate, currently ranging from 22¢ to 37¢ per hundred cubic feet. BMP 12 - Landscape Water Conservation for New and Existing Single Family Homes The City has generally not implemented this BMP for single family homes. BMP 13 - Water Waste Prohibition Currently Section 6-7.13 of the City's Municipal Code makes it unlawful for any person to willfully or negligently waste water. BMP 14 - Water Conservation Coordinator Prior to 1991, the City employed a part time conservation coordinator. Due to budgetary constraints, this position was eliminated and conservation duties have been absorbed by the Public Works Department. BMP 15- Financial Incentives Financial incentives for conservation efforts are currently provided by individual developers seeking to fulfill their respective neutralization requirement. These efforts are addressed in the other BMP's. BMP 16 - Ultra Low Flow Toilet Replacement The City considers this BMP as an integral component of BMP 1. -14- Section VI Water Shortage Contingency Analysis As described in previous sections, Zone 3 of the County Flood Control District is also working on an Urban Management plan that would address rationing of the City's surface water source. In the event that the surface water source is unavailable for a significant period of time due to an emergency or unprecedented drought, the City will be able to provide an average flow of 340 gallons per capita day from City well water. This figure exceeds the typical health standard of 50 gallons per capita day. There currently exists Sections in the City Municipal Code which addresses water use restrictions which may be implemented during critical water supply conditions. These Sections of the Municipal Code are shown in Appendix C of this 2000 Urban Management Plan. -15- Section VII Recycled Water Opportunities As described in previous sections, the City of Arroyo Grande currently recycles storm water for irrigation use at the Soto Sports Complex. This recycled water source is expected to continue as described in Water Supply above. The following sections focus on the feasibility and applicability of wastewater reclamation to Arroyo Grande. System Summary and Previous Reclamation Studies The South San Luis Obispo County Sanitation District (SSLOCSD) provides collection, treatment, and disposal of wastewater for the communities of Arroyo Grande, Oceano, and Grover Beach. The total population served is approximately 30,000 persons producing an average daily flow of 2.8 million gallons per day. In 1982, and again in 1993, SSLOCSD hired a consultant to study opportunities to provide recycled water to the surrounding communities. Potential uses include agricultural and/or landscape irrigation, groundwater recharge, habitat restoration, and industrial uses. Unfortunately, the SSLOCSD treatment plant is geographically isolated from the potential reclamation customers. As a result, it was generally deternuned that the scope of capital improvements necessary to treat the wastewater to the required level, transport it to the potential use areas, and distribute it to the individual customers made the project economically infeasible. In the future, SSLOCSD will continue to search for potential reclaimed water users in closer proximity to the treatment plant. SSLOCSD Wastewater Treatment Plant (WWTP) The WWTP utilizes primary sedimentation followed by a conventional activated sludge system to treat incoming wastewater to a secondary-disinfected level prior to discharge. The effluent is then released to the Pacific Ocean through an outfall line and a diffusion structure. Unfortunately, many of the agricultural and landscape irrigation opportunities for reclamation require a tertiary effluent. For the WWTP to provide tertiary treatment, costly capital improvements would be necessary to provide for filtration and additional disinfection. -16- RESOLUTION N A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO ADOPTING AND DIRECTING THE FILING AND IMPLEMENTATION OF THE CITY OF ARROYO GRANDE URBAN WATER MANAGEMENT PLAN WHEREAS, the California Legislature enacted Assembly Bi11797 during the 1983-1984 Regular Session of the California Legislature (Water Code Section 10610 et. seq.), known as the Urban Water Management Planning Act, which mandates that every urban supplier of water providing water for municipal purposes to more than 3,000 customers or supplying more than 3,000 acre feet of water a.nnually, prepare an Urban Water Management Plan, the primary objective of which is to plan for the conservation and efficient use of water; and WHEREAS, AB 797 required that an initial Plan be adopted by December 31, 1985, after public review and hearing, and filed with the California Deparhnent of Water Resources within thirty days of adoption; and WHEREAS, the City of Arroyo Grande did prepare and file said Plan with the California Department of Water Resources after adoption in December, 1985; and WHEREAS, AB 797 requires that said Plan be periodically reviewed at least once every five years, and that the urban water supplier shall make any amendments or changes to its plan which are indicated by the review; and WHEREAS, the City is an urban supplier of water providing water to more than 5,600 customers, and has therefore prepared and advertised for public review a draft Urban Water Management Plan Update, in compliance with the requirements of AB 797, and a properly noticed public hearing regarding said Draft Plan Update was held by the City Council on May 22, 2001, and a Final Plan was ordered. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. The Urban Water Management Plan Update is hereby adopted and ordered filed with the City Clerk; 2. The City Manager is hereby authorized and directed to file with Plan Update with the California Department of Water Resources within 30 days after this date, in accordance with AB 797; 3. The City Manager is hereby authorized and directed to implement the programs as detailed in the adopted Urban Water Management Plan Update, including development of recommendations to the City Council regarding necessary procedures, rules, and regulations to carry out effective and equitable water conservation programs; '�'. On motion of Council Member , seconded by Council Member and on the following roll call vote, to wit: Ayes: Noes: Absent: The foregoing Resolution was passed and adopted this 22n day of May, 2001. iG� _ LIST OF PEOPLE CONTACTED DURING PREPARATION OF URBAN WATER MANAGEMENT PLAN Don Spagnolo, Director of Public Works/City Engineer, City of Arroyo Grande, CA Shane Taylor - Public Works Supervisor, City of Arroyo Grande, CA Larry Schmidt, Chief Building Inspector, City of Arroyo Grande Kerry McKants, Community Development Director, City of Arroyo Grande, CA Dwayne Chisam, City of Santa Maria, Water Resources Director Christine Ferrera, Zone 3 Contact for SLO Co. Nancy DePue, Lucia Mar School District - Curriculum Coordinator Rob Miller, Civil Engineer, John Wallace & Associates, San Luis Obispo, CA Rusty Garing, Civil Engineer, Garing Taylor & Associates, Arroyo Grande, CA Rocky Rogers, Utilities Supervisor, City of Pismo Beach, CA -21- n� •1� 1..♦�. 1 " "' � u'�"� �•r.�- --=--- - - - - -��� '„ No person, except a duly authorized agent of the City, shall turn the water on or off from any building or premises, and no person shall tap, cut, or move any water pipe laid in streets or alleys unless permission to do so has been granted by the Water Deparirnent furnishing the water. In case of fire and during a stated period of water shortage, no person shall take any water from any fire hydrant or street sprinkling tank, and all irrigating faucets, hose sprinklers, and water shall be immediately turned off upon an alarm of fire or water shortage and shall not be turned on again until the fire or water shortage is known to be extinguished or terminated. �� � i ,. t � . i• .. - It shall be unlawful for any person to wilfully or negligently waste water. - 23 - �PRROr o� � � INCORYpAATEO Z " "' MEMORANDUM � JULY 10. 1911 * c4 ��FORN� P TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEEI�� SUBJECT: APPROVAL OF THE DRAFT URBAN WATER MANAGEMENT PLAN UPDATE DATE: DECEMBER 12, 2000 RECOMMENDATION: It is recommended the Council adopt the attached resolution approving the draft Urban Water Management Plan Update. FUNDING: Urban water suppliers are required to adopt, and submit an Urban Water Management Plan to the California Department of Water Resources to be eligible to receive drought assistance. Although a request to receive drought assistance from the State has never been filed, conditions may require use of these funds in the future. DISCUSSION: The Urban Water Management Planning Act states that Urban Water Management Plans are to be submitted on December 31, 2000 from urban water supptiers delivering more than 3,000 acre feet of water or having more than 3,000 connections. The City's plan contains information on water supply, water use, and existing conservation programs. The water supply section of the plan focuses on ground water, surface water, recycled water, supplemental water, and supply projections to the year 2015 including a 3- year worst-case water supply estimate. The water use section focuses on past, current, and projected water use to the year 2015. The water conservation section focuses on the City's adherence to the 16 best management practices ("BMP's") established by the Department of Water Resources. The draft plan includes all information necessary to meet the requirements of the California Urban Water Management Planning Act. The City is required to update this plan every five years. The existing plan was last updated in 1990. The following key changes were made from the previous plan: � • document format including the addition of various tables • addition of best management plan, including water conservation • revision to the project water demand based on projected build out • revision to the projected water supply _ _ ___ _ ALTERNATNES: The following alternatives are provided for the Council's consideration: - Approve stafPs recommendation and adopt the resolution; - Do not approve staff's recommendation; - Modify as appropriate and approve staff s recommendation; or - Provide direction to staff. Attachments: Resolution Draft Urban Water Management Plan o � pRROr� 10 a C� ■ ■ � INCORPORA7ED � V O T � .��r �o, �e>> ,w MEMORANDUM C4 ��FOtsN� P TO: CITY COUNCIL FROM: KERRY McCANTS, COMMUNITY DEVELOPMENT DIRECTOR �. ��� SUBJECT: VOTER APPROVAL OF GENERAL PLAN AMENDMENTS AND MAJOR LAND USE CHANGES DATE: MAY 22, 2001 RECOMMENDATION: Discuss the concept of requiring voter approval and/or a 4/5 vote of the City Council for General Plan Amendments and major land use changes and provide direction to staff. FUNDING: There is no fiscal impact at this time. In the event the Council decides to proceed with any of the alternatives other than to table the matter, the cost to the General Fund may be considerable; that is several tens of thousands of dollars. DISCUSSION: The City Council at it's meeting of March 27, 2001 considered a staff report summarizing various aspects of the initiative process as it relates to the voter approval of General Plan Amendments and major land use changes. Staff was directed to return with additional information with respect to this and related issues. This report provides additional information and expands on some of the information provided in the March 27, 2001 report. Attachment 1 and 2 are examples of land use initiatives approved by the cities of Monterey Park and Solana Beach. Staff was not able to find an example of an initiative measure requiring a 4/5 vote of a city council. Attachments 3 and 4, are examples from the cities of Encinitas and Claremont, of ineasures not adopted by initiative, which require a 4/5 vote. SCOPE OF THE INITIATIVE POWER The constitutional origin of the initiative power has important policy ramifications. It limits the ability of the Council to change an initiative once it is proposed and to amend the initiative once it has passed. When presented with a legally valid initiative supported by the required number of signatures, the City Council must either adopt it as proposed or place the measure on the ballot. The Council may also request that staff prepare a report on the initiative's effects. Moreover, the City has an obligation to defend an initiative or referendum if it is enacted, regardless of whether the City Council supported the measure. 2001 Voter Approval of General Plan Amendments May 22, 2001 Page 2 Initiatives are generally thought to be citizen-generated and authorized by the California Constitution. However, the Legislature has also authorized initiatives in other circumstances that are outside the scope of the constitutional power. Supplementing the constitutional initiative power reserved to citizens, the Legislature has granted city councils broad power to place measures on the ballot. Most importantly, a city council may draft and place land use measures on a general or special election ballot on their own motion, without need of a petition. Careful consideration should be given to the cost and timing of placing a matter on a special election ballot. Generally, election costs are substantially less in a special election consolidated with the County and other local agencies. The ability to place measures directly on the ballot provides a city council the opportunity to present voters with a long-term land use policy that takes into account competing interests, while responding to voters' concerns about local development pressures, particular projects, or other matters. TYPES OF LAND USE INITIATIVES The range of potential controls that can be imposed through the initiative process is very broad. It includes such matters as requiring a super majority (4/5) vote by the Council and or Planning Commission, or requiring an election to approve certain actions. The Council may choose to impose the same kind of controls through the conventional legislative process. General Plan Amendments A widely used type of land use initiative is the General Plan Amendment. The California Supreme Court expressly upheld this type of initiative in DeVita vs. County of Napa, characterizing the measure before it as a"reasonable attempt to ...delineate[e] a long-range policy intended to guide the county's development, curb haphazard growth, and promote desired land uses." Typical General Plan Amendment initiatives include those that reaffirm or readopt existing land use policies and those that set growth limits and protect open space. In DeVita, for example, the Court upheld Measure J, a Napa County initiative that sought to preserve agricultural lands by amending the land use element of the county's general plan. Specifically, Measure J reaffirmed and readopted existing portions of the land use element designating land for agriculture, watershed, and open space uses policies regarding minimum parcel size and maximum building densities. Measure J also adopted a new land use policy providing that, during the same 30- year period, the readopted policies could only be amended by a vote of the people, except in certain limited exceptions. The exceptions allowed the board of supervisors to amend the affected general plan designations and policies without a vote of the people to, among other things, avoid an unconstitutional taking, accommodate the siting of a solid waste disposal facility, or redesignate agricultural 2001 Voter Approval of General Plan Amendments May 22, 2001 Page 3 land for other purposes, so long as Board made certain findings set forth in the initiative. Initiatives with similar provisions have also been used to amend coastal plans and specific plans and such plans have also been subject to referendum. Although the DeVita case only addressed the validity of amending a general plan's land use element, it would presumably apply to an initiative attempting to amend other general plan elements. Zoning Ordinances The adoption and amendment of zoning ordinances are considered legislative acts, and therefore voters may use the initiative and referendum power to adopt or amend a wide variety of zoning ordinances, such as rezonings of large and small parcels, construction moratoriums, and building height limitations. Statutory procedural requirements governing the adoption or amendment of zoning ordinances do not apply to initiatives and referenda. Zoning ordinances must be consistent with the general plan. A zoning ordinance initiative that is inconsistent with the general plan is invalid, even where the general plan is amended after the initiative qualifies for the ballot or is approved by the voters. Likewise, a referendum on a zoning ordinance that is necessary to ensure general plan consistency may be invalid. For this reason, zoning amendments by initiative are not as common as general plan related initiatives. LIMITATIONS ON INITIATIVE ACTS Power Limited to Legislative Acts Local land use initiatives and referenda are subject to the same guidelines that limit the scope of local land use regulations. A city can not create by initiative something that its legislative body could not undertake. Initiatives and referenda are limited to the adoption of legislation. They may n.ot be used to undertake or rescind administrative, adjudicative or quasi-adjudicative actions. Legislative acts institute rules for the general regulation of future government action, while administrative or adjudicative acts apply the law to determine specific rights based on specific facts. A Mixed-Use zoning designation would be an example of a legislative act, but determining whether a specific project fit within the Mixed-Use designation would be an adjudicative act. Initiatives and referenda cannot be used to approve or deny adjudicative acts. Legislation may, however, include provisions that direct the legislative body to take further steps to implement that legislation. General Plan Consistency Land use measures adopted through the initiative process must satisfy the same statutory requirements applicable to actions by the local legislative body; they must 2001 Voter Approval of General Plan Amendments May 22, 2001 Page 4 be consistent with the general plan. This means that the measure must demonstrate • Vertical Consistency. Vertical consistency requires that various land use regulations and policies, such as a zoning ordinance must be "compatible with the objectives, policies, general land uses, and programs specified in such a plan. Accordingly, the voters cannot by initiative or referendum, cause a locality's zoning to become inconsistent with its general plan. • Horizontal Consistency. General plans must also be internally, or "horizontally," consistent. For example, the open space element should not be at odds with the housing element. An initiative amending a locality's general plan therefore may not itself be internally inconsistent, nor cause the jurisdiction's general plan to become internally inconsistent. If an initiative is passed that causes an inconsistency, the remedy may vary depending upon the initiative. If an initiative merely amended the zoning ordinance, the initiative would probably be held invalid. But if it amended the general plan in a manner that created internal or horizontal inconsistency, the initiative would probably not be held void at the time it was passed. Instead, the appropriate remedy would be to seek amendment of the general plan to cure the inconsistency. There is one final limitation imposed on initiatives by the general plan requirements; that is an initiative amending the general plan may not cause the locality's general plan to become insufficiently comprehensive, or to lack the required elements of the general plan. An example would be an initiative was drafted so that it caused a repeal of a city's housing element, which is a required element under state law. State Housing Laws California has a number of state laws intended to promote an adequate supply of affordable housing. Initiatives that conflict with these statutes are invalid. The following state housing requirements are the most likely to be affected by an initiative or referenda: • Adequate Sites For Housing. A general plan must include a housing element that identifies "adequate sites for housing" and the manner in which the local government anticipates accommodating its share of the regional housing need. • Sufficient Zoning. A local government should designate and zone "sufficient land for residential use". • No Discrimination. Local governments may not discriminate against a low or moderate-income residential development. 2001 Voter Approval of General Plan Amendments May 22, 2001 Page 5 • Density Bonuses. Local agencies must provide a 25-percent density bonus to developers agreeing to designate a specified percentage of given development for affordable housing. California Environmental Quality Act Citizen-sponsored measures are not subject to the California Environmental Quality Act (CEQA). However, under a recent California Supreme Court decision, environmental review is required under CEQA when a public agency proposes a ballot measure and places it on the ballot. Prior to this decision, the courts had generally ruled that both citizen and agency sponsored ballot measures were exempt from CEQA. Local agencies must complete some level of environmental review — such as an environmental impact report, negative declaration or mitigated negative declaration — before placing a measure on the ballot. One practical effect of this distinction is that local agencies will be limited to the degree that they can offer competing measures on any given ballot. Only those initiatives where review can be completed on a short timeline should be eligible. Measures that are likely to have a significant environmental impact, such as most general plan amendments, may not be feasible for local agencies to place on the Ballot because of the cost of the environmental review. Preemption Legislative decisions are presumed to be decisions that can be made by initiative or rejected by referendum. The Legislature has intended to restrict the initiative power by exclusively delegating the exercise of powe� over certain matters to the local governing body. The exercise of the initiative and referendum power is also precluded where it would impermissibly interfere with an essential governmental function. Local legislation, whether enacted by the legislative body or via initiative, is preempted, if it conflicts with general State law. This means local legislation that duplicates, contradicts, or enters an area fully occupied by general law, either expressly or by legislative implication, is preempted. Exclusive Delegation to Local Governing Body Where the Legislature has not completely occupied a field, the initiative and referendum power is presumed to apply to all legislative acts unless there is a clear showing of legislative intent to delegate that authority: • Statutory language, such as references to "legislative body," "governing body" or "city council" and/or "board of supervisors" providing an inference of intent to exclusively delegate, • Whether the issue is a matter of "statewide concern" or "municipal affair." 2001 Voter Approval of General Plan Amendments May 22, 2001 Page 6 Because of the presumption that the local electorate can legistate by initiative on any subject on which the local governing body can also legislate, any reasonable doubt concerning legislative intent is resolved in favor of the use of the initiative power. INITIATIVE PROCESS Options for the Local Legislative Body After receiving a certified petition, the City Council has two options: (1) adopt the measure as proposed; or (2) place the measure on the ballot for the next regular or special election. The City Council may order a report on the effects of the initiative. If it chooses to order the report, the City Council must receive the report within 30 days, and either adopt the measure at that time or place the measure on the ballot. The City Council has no discretion over its course of action. In the end, the body must either adopt the measure as proposed or place it on the ballot. Exhibit I shows the Initiative and Referendum Process Adoption without Election If a majority of its members support the measure, the City Council may adopt the measure without an election. Where a measure has widespread popular support, the City Council may consider this option even if they do not actively support the measure, simply to avoid the expense of an election. This is particularly the case when the measure qualifies for a special election or there is no other matter on the ballot. If the Council decides to adopt the measure, the measure must be adopted exactly as submitted. The City Council must introduce the measure at the regular meeting at which it is presented and must adopt the ordinance within ten days. The California Environmental Quality Act does not apply because State law authorizes the legislative body to adopt a qualifying measure. It should be noted that if the City Council adopts the measure without an election, it may only be amended or repealed by a vote of the people, unless a provision is otherwise made in the measure. If the legislative body decides not to adopt the measure as proposed, it must be placed on the ballot at a regular or special election. The type of election — "special" or "regular" depends on the number of valid signatures collected and the timing of the upcoming elections. The governing statute is complex. A careful review of the relevant provisions is necessary to determine the appropriate date for the election. Signatures and Special Elections In cities, if an initiative petition requests a special .election and contains the valid signatures of at least fifteen (15%) percent of the registered voters, the city council must call a special election. The special election must be held not fewer than 88 or more than 103 days after the council's decision. 2001 Voter Approval of General Plan Amendments May 22, 2001 Page 7 NOTICE OF INTENT Filed by proponents PUBLIC AGENCY DRAFTS IMPARTI L � � PUBLISH NOTICE AND CIRCULATE PETITION (180 DAYS) RFFERENDA PETITION IS CIRCULATED (30 days) PETITION FILED Proponents hand in petition to elections official . VERIFICATION Elections Officer verifies signatures MEASURE FORWARDED to legislative body EXHIBIT I IMPARTIAL REPORT Local agency may order impartial report on measure CERTIFICATION Local agency certifies Measure for ballot ADOPT MEASURE Local agency may adopt measure in lieu of election BALLOT PREPARATION Impartial Analysis, Arguments, 10 day review period ELECTION 2001 Voter Approval of General Plan Amendments May 22, 2001 Page 8 If a petition within a city contains the valid signatures of at least ten (10%) percent of the registered voters, the City Council must place the measure on the ballot at the next regular election held not fewer than 88 days after the council's decision. Effect of Election An initiative goes into effect 10 days after the election results are declared by the City Council and may only be amended by popular vote unless the initiative states otherwise. Initiatives that address the same subject cannot be voted upon at special elections within 12 months of one another. ALTERNATIVES: The atternatives the Council may wish to consider include: 1. Table the matter. 2. Direct staff to prepare an ordinance requiring an election for the approval of certain types of land use actions, and return with the ordinance for consideration by the Council under the normal legislative process. This alternative would require all the normal notice, hearing and environmental review associated with any legislative act involving a land use matter. Staff would request City Council to provide direction on the types of land use actions to be included. Examples include General Plan Amendments which change a land use designation to a more intense use or increase residential density. 3. Direct staff to prepare an ordinance requiring a 4/5 vote of the Council for the approval of certain types of land use actions, and return with the ordinance for consideration by the Council under the normal legislative process. This alternative would require all the normal notice, hearing and environmental review associated with any legislative act involving a land use matter. Staff would again request City Council to provide direction on land use actions to be included. 4. Direct staff to prepare a measure for the Council to place on the ballot at the next general election, which would require an election on certain types of land use actions. This alternative would require the same environmental review associated with a legislative act involving a land use matter. Once again, staff would request City Council to provide direction on land use actions to be included. 5. Direct staff to prepare a measure for the Council to place on the ballot at the next general election, which would require a 4/5 vote of the Council on certain types of land use actions. This alternative would �equire the same environmental review associated with a legislative act involving a 2001 Voter Approval of General Plan Amendments May 22, 2001 Page 9 land use matter. Once again, staff would request City Council to provide direction on land use actions to be included. Attachments: ATTACHMENT 1- Monterey Park Ordinance ATTACHMENT 2- Solana Beach Ordinance ATTACHMENT 3- Encinitas General Plan Policy ATTACHMENT 4- Claremont Ordinance Provision FEB-28-61 05:36 PM MONT. PK COM DEV 3071482 qTTACHMENT 1 � (Monterey Park Ordinance) VOTER APPROVAI.OF CHANOES comaussion may file an appeal. � LTpon che timely filing of ar� appeal, che ciry lerk ahall immediately advise the sccretary of com- aussion t�►ereof, who shall thercupon �an 't to the ciry clerk the commission files in conn tion with said matter. (Ord. 1409 $ 2(part), 197 psior codc g 9295). 21.76.070 C1ty councll action. the case of an appesl from a decision of the co 'ssion or upon receipc by a ciry clerk of a co ssion t+ecommen- dadon ia favor of an amcn nt, the clerk sha11 give the same type of notice heBring before th� council, as is rcquired for h'ngs befon ttse plaa- niag commissioa. 1he co il ahall conduct a de novo hearing upon such er, and shall determine whether such amend:aeat s required by the public lnterest, tonvenience. an neccssiry. Thc action of the city council to appro e such amendment shall be made pursuant to the rovisions of Chapter 4 of ?ide 7 of the Califo ia C�overnment Code. (Ord. 1409 � 2(part), 197 : prior eode .� 9296). 21.76.080 Con doaal zontn�. Tho ciry council may attach any o all of the following conditioas to amendments: (1) pny n irement necessary to protect the health� aafety d welfare of the public; (Z) priy uirem�ent necessary to mect public aecvice dem ds occasioned by the proposed use of iavolved; y phasiag or timing control wluch may be o assure that the purpose and interest of ment will be observed; y ncorded iastrument which may be nec- assure that all interested parsoas will rc- structive notice of the purpose and intent ndment as it relates to specific properry. 19 � 2(part), 1976: prior code � 9297). the pmpe (3) Ati necessary the amen (4) A�li essary ceive c n of the Cbapter 21.78 VOTER APPROVAL OF CHANGES Secdons: 21.78.010 Voter appmval required. 21.78.020 Exceptions. �1.75.010 Voter spprnval requlral. No amend- ment of the laad usc element of the general plsa, the zoning map and/or t�►e zoning code of the ciry as heretofore amended or any other acdon of tha city council by which then would be pamitted aaY use of laad ocher than es presontly defined ia the laad use element, zoning map �nd/or zoning code of the ciry ahall be valid or effccti�e for aay pur- � gose whatsoever unless and until �uch amendment shall have been approved by a majoricy of those voters of thc ciry vocing thereon at aay regutar or special municipal electiot�; at�d the city council shall refer any such amendmet►t approved by it to said voters pursusnt w the provisions of Section 4017 of the Eleccion Code of thc state. (Ord. 1578 � 1, 1982). � 21.78.020 Exceptivns• T'he provisions of this chapter shall apply from the effecdve date to all zoned areas of the city a� presendY described in the laad use elemcnt of the genenl plan. zoninE map� and/or zoning code of the ciry, but do not apply to the following: (1) Variances; (2) Conditional use permits: (3) Changes in uses aad :equirements witt►in zones which do not �ncrase residential densiaes (defiaed as total number of dwelliag units per 8ross acre as prescribed by th� zoning code), or do not change lot size or building height requirements in the eommercial or manufacturing zones as cutrendy defined by the zoning code; (4) Rehabilitation and remodeling of existin8 developments; (5) C3eneral plan andlor zone c�aages which do not excad one acre of 14nd, exc�pt as set focth �n subsection (6) below; 2?A-115 �r,c��.y r..r o.� FEB-28 A5:31 PM MONT. PK COM DEV 3071482 P.03 voTER APPROVAi. O� CHANGES (6) Gcneral plaa andJor zone chaages for proper- ty zone multiple family (R-2 or R-3) chat are adja- cent to cegional specialty (R-S) zone w�thin and sdjoining the Notth Atlaatic specific plaa area. only if: (A) The tiry or redevelopment agency is a partic- ipant In the developmeat of the subject properry by way of developmeat agreement, dispositioa aad development agreement, or owner participation agreement, aad (B) The general plan and/or zone change shall requir� a twanry-5ve foot setback from any residen- dal strcceeec/alley abutdng the former multiple family zoaed property and said setback area s6all be laad- acaped aad maiatained. Vehicular access shall be permiticd withia said aetback �rea; (7) Dwelliag imits oP any low or modcrata in- tome arid senior citiun projects funded or subsi- d'�zed pursuant to the pzovisions of applicable fcder- at, state. or local laws or programs. (4rd• 1951 �$ 2. 3. passed by the voters at the 3RJ99 etection; Ord. 1578 § 2. 1982). 224-115.1 ���y � t.�n 03/bl/2001 17:12 7921782 ATTACHMENT 2 (Solana Beach Ordinance) SOLANA BEACH ORDINANGE: NO. 266 AN ORDINANCE OF THE C1TY OF SOLANA BEACH CALIFORNIA, ADOPTING AN INITIATIVE MEASURE T4 REQUIRE VOTER APPROVAL 1�0 CHANGE, .ALTER 4R INCREASE GENERAL PIAN LAND USE CATEGORIES (PFcOPOSITiON i ON THE NO'VEilABER 7, 2000 GtiVERAL MUNICIPAL ELECTION) The People of the City af Solana Beach do ord�ain as follows: SECTION 1. Purpase and Findings. 1. The quality of life and the econamy of th�� City of Solana Beach are increasingly threatened by mounting trafFc congestion 3nd related safety problems. 2. The City's General Pian is the constitutiun for land use planning and is designed to avoid over-building the City and to foster a.healthy balance between residential qualify of life and a sustainable local eco�amy. 3. I� �ecent years, the Solana Beach City C:ovncil has pursued development goals that, if implemented, will degrade both the quality of life and the long-term viability of Iocal businesses. 4. The City Council has repeatedly supported amendments to the General Plan to allow increased densities and intensification of land uses. This has resulted in an unprecedented number of successful re1'erendum petitions in recent years in which the public has repeatedly supported maint�enance of the City's original General Plan. 5. The Solana Beach General Plan is, by l��w�, an internally consistent and intemally balanced guide to future development. Inconsistent amendments for special interests threaten the integrity of the con,stitufion for our City. 6. lt is essential therefore that the citizens ��f Solana Beach be allawed to directly participate in decisions changing the portions of the General Plan that materially threaten the character of this commu�ity�. SECTION II. Amendment of the General Plan Section 4.3 0� page 10 of the General Plan Introduction, is hereby amended, in relevant part, to read as follows (overstrike indicates de4etion, underline indicates addition): a .,.,��. . �.:..�. .�.1 ,�+ . .,.., ........ .. , `..� . ., .......�.._ . No General Plan Amendment, includinq Specific Pla�� adoptions or chanqes, shall be adopted which wou(d: 03/@1/2001 17:12 7921782 SOLANA BEACH PA6E 03 Ordinance No. 266 . General Plan Inifiative Measure December �, 2000 . Page 2 of 4 1. chanqe, alter or increase the General Plan Residential Land Use Cate9ories; or 2. change any land use desi nation to anv oth� except chanc�es to land alreadv desig,nated residentiai that clearlv result in a �eduction in intensily or density of said land use designated as residenfial; unless and until such action is aaproved bv a ma'orit of voters in the Ci . This provision shall not apply to amendments �►hich are necessary to compty with state or federal la.w or which are necessary to implement ��r obtain certification of the local coastal program. � Similarly, Section 2.2.b paragraph 3, on page 9 of the General Plan Land Use Element, is hereby amended, in relevant part, to read as follows (overstrike i�dicates deletion, underline indicates addition): �ei. , No Genera! Plan Amendm includina S�ecific Plan adontions or�chanaes, shalf be adopted which would: 1. chanae alter or increase the General Plan Residential Land Use Cateaories: or 2. change anY land use designation to anv otf�er exce t chan es ta lan alread designated residential that clearlv result in <a reduction in intensitv or densitv of said land use designated as residential unless and until such action is approved bv a rna�ority of voters in the Cit�r. This provision shall not apply to amendments which are necessary to comply with state or federal law or which are necessary to implement or obtain certification of the (ocal coastal prograrn. SECTION III. Implementation. A. Upon effective date of this initiative, the pravisions of this +nitiative are inserted into the Solana 6each General Plan as amendments thereof, except that if the four amendrnents permitted by State law for amr gi�en calendar year have already been utili2ed for that year prior to the effective d�ite of this initiative, the Ge�eral Plan amendments shall be the first inserted into the Solana Beach General Plan on January 1, the following year. At such time as the C�eneral Plan amendments are inse�ted in the Solana Beach General Plan, any provision:� of City law inconsistent wi#h those amendments shall be unenforceable to the e:ctent of such inconsistency. _ __.._ 63f�1/2001 17:12 7921782 SOLANA BEACH PAGE 04 � Ordinance No. 266 General Plan Initiative Measure December 5, 2000 Page 3 of 4 . B. The Solana Beach General Plan in effect at the time of the Natice of Intent to propose this initiative measure, comprises an integrate�l, internally consistent and compatible. statement of policies for the City. To ensurF: that the Solana Beach General Plan remains an integrated, intemally consistent ;�nd compatible statement of policies for the City, the Genera! Plan provisions adopted b�y the initiative shall prevail over any conflicting revisions to the General Plan adapted between May 27, 1998 and fhe date the amendments adopted by this initiative m�easure are inserted into the General Plan. C. This initiative measure shall not affect development projects that have received discretionary approval prior to May 27, 199E;. D. The City Council shall take all steps necess:ary to defend vigorously any challenge to the validity or canstitutionality af this initiative. E. In ths event that the City Council approves �� change, amendment or. other land use decision which must, by the terms of this ini�tiative, be adopted by the voters of the City in order to become effective, the City Counc:il shall set such matter for public vote. F. The City Council shalf set any election required by this initiati�e to the next available general municipal election at no cost to the proponent of the land use change, or set a special election, the cost of which should bE: borne by the proponent. SECTION IV. Canstruction. Nothing contained in this initiative shall be con:,trued to make illegal any lawful use presently being made of any property, or ta prahibit the further development of any . property in accordance with that praperty's pre:sent zoning and general plan designation at a density and intensity presently permitted by e:xisting zoning and general ptan standards. Nothing contained in this initiative shall be con:>trued to require more than a simple majority vote for the adoption of this initiative or f�r the approval of any future measure required by this initi8tive. Nothing in this initiative shall be construed to: a) Interfere with rights to obtain density bonuses; or other entitlements available under affvrdable housing laws, or b) Limit rights o� entitlements available under �3ffordable housing laws. SECTION V. Severability. The provisions of this initiative measure shall not apply to the extent that they violate state or federal laws, If any word, sentence, paragr�ph, subparagraph, section or portion of this initiative is declared invalid by a court, the rem,3ining words, sentences, paragraphs, subparagraphs, sections and portions are to remain valid and enforceable. SECTION VI. Amendment or Repeal. __ . 03/81/2061 17:12 7921782 SOLANA BEACH � PAGE 05 � Ordinance No. 266 General Plan lnitiative Measure December 5, 2000 Page 4 of 4 This initiative may be amended or repealed only by the voters at a City election. SECTION VII. Effective Date. Pursuant to the State of Califomia Municipal Elections Code Section 9217, if a majority of the voters voting on a proposed ordinance vote; in its favor� the ordinance shall become a valid and binding ordinance of the city. The orciinance shall be�considered as adopted upon the date that the vote is_declared by the l�:gislative body, and shal) go into effect 10 days after that date. .._�ASSEQ,.APPROVED. AND.ADOPTED on thi:c 5��'..da.y of..December, 2Q00, and certified by Resolution No. 2000- 90 , and adopted by th� voters of the City at the Ger�eral Municipal Election, Proposition T� held on November 7, 2000. ATTEST: Kathryn A irk, City Cle APPROVED AS TO FORM: Celia A. Brewer, City Attomey '�"��'MAY 07 '01 12�04PM CITY OF ENCINITAS ATTACHMENT 3 . (Encinatas General Plan Policy) POLICY 3.6: Except where overriding considerations are � found to exist, property will not be designated so as to allow or otherwise encourage commercial development alonq circulation roads in a continuous or "strip" manner. POLICY 3.7: With the exceptions described in Policy 3.12, once acknowledged as being consister�t t�ith the General Plan and Local Coastal Program, the allowable maximum density of any property d�signated for residential use shall not be increased except by the af f irmative vote of a maj ority of thos� voting in the election approving the proposed increase. Po2icy 3.8 Amended POLICY 3.8: with the exceptions described in Policy 12/4/91 3.12, once acknowledged as being consistent �rith the General Plan and Local Coastal Program, property designated/zoned for non-residential uses �hall not be redesignated/re2oned to allow residential uses except by the affirmative vote of a majority of those voting in the election approvinq the proposed change. Policy 3.9 Amended Z2/4/9Z � � � POLICY 3.9: With the exceptions described in Policy 3.12, once acknowledged as being consistent with the General Plan and Local Coastal Program, property designated/zoned for residential use shall not be redesignated/rezoned to any non-residential usQ except by the affirmative vote of a majority cf those voting fn the election approving the proposed change. POLICY 3.10: With the exceptions described in Policy 3.12, once acknowledqed as being consistent with the General Plan arid Local coastal Program, property designated/zoned for ron-residential use shall not be redesignatedJrezoned to allo� inore aon-residential uses or a greater intensity of use except by the affirmative vote of four or more City Courlcil members based upon a findinq that the proposed redesignation/rezoninq will not substantially reduce revenues to the City and �rill not substantially increase traffic burdens on roads and highways. POL�CY 3.11: In determining whether to approve a proposed residential or commercial project and when to allow proposed projects�to be constructed, the City shall consider the extent to which the proposed project complies with the goals and policies of this Element and the implementing zoning regulations. LU-9 __ _ __ . . MAY 07 '01 12�04PM CITY OF ENCINITAS PoZicy 3.12 Amended POLICY 3.12: The followinq may 12/4/91 exceptions to the requirements speciPied general plan land'use 1. P.5i7 be considered as for vvt�r approval map amenclments : for� Minor adjustments in land use boundarfes to correctly reflect property or development site boundaries, which adjustments do not cubstantially change intended area development potential - as approved by Council by unanimous vote. 2. Chariges to land use designations to correct (a) map omissions and (b) mappinq etrors rrhich are clearly demonstrated to be errors coatrary to the intent vf the General Plan - as approved by a unanimous Cour�cil vote. � � 3. A change from any land use desiqnation to the Ecological Resource/Oper� space/Parks desiqnation, when property has been purchased or la�d develcpment rights have been secured for land for open space or parks purposes - as approved by a unanimous Council vote. . 4. Minor land use designation changes when approved by affirmative vote of four or more City Council members. For purposes of this paragtaph, Nminor" is defined as changes fer which certified environinental revieW per tlie Califoraia Er�vireninental Quality Act has determined that there.� will be no unmitigable significant r�eqative e�vironmental impacts, and one of� the following apply: (a) xce ti for c ease ' Int 't ; The chanqe is to a cateqory of lo�er land use intensity. or density thar� the exi�tirlq category that results in a reduotion f.n intensity. For purpcses of this determination the following hierarchy of categories, from higher to lower, is established: Light =ndustrial, General Commercial, Visitor- Servinq Commercial, Transportatio� Corridor, Local Commercial, Public/Semi-Publfc, Offfce Professional, Residential 25, Residential 15, Residential 11, Mobilehome Park, Resideiitial 8, Residential 5, Residential 3, Rttral Residential 2, Rural Residential 1, Rural Re�idential, Ecological Resource/Open Space/Parks. LII-10 � y MAY 07 '01 12�05PM CITY OF ENCINITAS � (b) Excevtion for Residential Den��tv: P.6i7 The change applies to 5 acres of land area ox less, and is a change from a non-residential to a residential category, or from a residential to another higher-density residential category, vhich would result in the allowance of ten cr fe�ter additional dwellinq units (prior to consideration of any density bonus) for the 5 acre site. The change shall also be datsrmin�a to be compatible with, and geaerally not exceedir►g the density of, surroundi�g planned land use residential densities. (c) Exception for Chanae Wi hin Land IIse Class: The chanqe applies to 5 acres of land area or less, and is a chanqe from one land use cateqory to anvther when both are within the same class of categorie�. Far purposes eg this determination the �following classes of categories are established: � ' I� 1- Rural Residential� Rural Residential 1, Rural Residential 2 2 - Residential . 3, Residential 5, Resider�tial 8 3- Residential 11, Residential 15, Residential 25 � 4- Offfce Professional, Local Commercial 5- visitor serving Commeraial, General Commercial 5. Changes in land use designations when approved by affirmative vote of four or more City Council members, to allow projects that provide a siqnificant public benefit. A"signifi�ant public benefit�� shall be determined by the City Council. LII-l0a MAY 07 '01 12�05PM CITY OF ENCINITAS p,7 Po1fCy 3.,23 . Amended 22/4/91 POLICY 3.13: The following establish exceptions to the� fixed annual allotment of residential building permits ' established by this Element. 1. Vested Riahts The fixed annual allotment as established in the Land IIse Element shall app3y to all�prop�rties and projects covered by its terms except it shall not apply to any development project vhich has obtained a vested right as of the effectiva date of this Plan. For purposes of this provision, a vested right shall have been obtained only if each and all of the following criteria are me�: a. The proposed project has received a buildinq �permit or where no building permit is required, final discretionary approval. b. substantial expenditures or docwaented, non- cancellable liabilities have been incuxred in good faith reliance on the permit or final discretionary approval. � c. Substantial construction has baen performed in geed faith reliance on the permit or Pinal � discretionary approval. LU-lOb � ATTACHMENT 4 (Claremont Ordinance Provision) Chapter 6 Part 7 Genera/ Plan Amendments CHAPTER 6 PART 7 GENERAL PLAN AMENDMENTS 670 ADOPTION PROCEDURE The adoption of, or amendments to, elements of the General Plan and Specific Plans shall be adopted pursuant to this Part. Whenever in this part, the term Land Use Element of the General Plan is used, it shall also apply to other elements of the General Plan and whenever the term General Plan is used, it shall also apply to Specific Plans. 671 INITIATION An amendment to the General Plan relating to land use may be initiated by the City or by any person owning or having an interest in land which would be affected by a change. When initiated by any such person, the person shall file a petition with the City and pay a filing fee as required in Section 677 of this Chapter. 672 CONTENTS OF PETITION Any petition filed by a person owning or having an interest in land shall contain the following information: a. the name and address of the petitioner and all persons having an interest in the land; b. the legal description of the property owned by the petitioner and a street designation thereof; c. the change of land use classification requested; d. such other information as the Director of Community Development may require. 673 PUBLIC HEARING BY PLANNING COMMISSION The Planning Commission shall hold a public hearing before approving any amendment to the Land Use Element of the General Plan. Notice of time and place of the hearing shall be given at least ten (10) days before the hearing by publishing a notice thereof in the Claremont Courier. The Planning Commission's report and recommendation shall be completed not later than ninety (90) days after the referral of the proposed change. 6/7 - 1 Chapfer 6 Part 7 Genera/ P/an Amendments 674 PLANNING COMMISSION ACTION After the public hearing on the proposed amendment to the. Land Use Element of the General Plan, the Planning Commission shall adopt by resolution a recommendation relating to the proposed amendment. An affirmative recommendation shall require the affirmative vote of at least five (5) members of the Commission when six (6) or more members are present and eligible to vote on the proposal. In the event that less than six (6) members are present or eligible to vote on the proposed amendment, four (4) affirmative votes shall be required to recommend a change. Any vote by the Commission which is less than the required number set forth in this Section shall be considered a negative recommendation of the Planning Commission. 675 PUBLIC HEARING BY COUNCIL Before acting upon any proposed amendment to the Land Use Element of the General Plan, the City Council shall hold a public hearing thereon. Notice of the time and place of the hearing shall be given in the time and manner provided for in giving of notice of the hearing by the Planning Commission in Section 673. 676 CITY COUNCIL ACTION A. In the event that the recommendation from the Planning Commission has received the affirmative votes required by Section 674, the City Council may approve the proposed amendment by a majority vote of the Council. B. The Council shall not make any change or addition to the proposed amendment which has not been previously considered by the Planning Commission during its hearings until the proposed change or addition has been referred to the Planning Commission for a report and a copy of the report has been filed with the Council. Failure of the Planning Commission to report within forty (40) days after the reference, or such longer period as may be designated by the Council, shall be deemed to be approval of the proposed change or addition. It shall not be necessary for the Planning Commission to hold a public hearing on such proposed change or addition. C. In the event the Council desires to effect any change contrary to the recommendation of the Planning Commission, then any resolution affecting such 6/7 - 2 Chapter 6 Part 7 Genera/ Plan Amendments change shall be adopted only by at least four (4) affirmative votes of the Council except, after the referral set forth in Paragraph D, a majority vote of the Council will be sufficient. D. In the event that the majority of the Council does not agree with the recommendation of the Planning Commission, and in the further event that the Council cannot obtain the vote of four (4) members of the Council for a change to the recommendation, then the proposed change shall be referred to a Committee composed of two (2) members of the Planning Commission and two (2) members of the Council to further study the matter. This Committee shall make a written report to the Council no later than 60 days from the date of referral. After the receipt of this report, the City Council may approve the proposed amendment by a majority vote of the Council. 677 FILING FEE FOR GENERAL PLAN AMENDMENT Fees shall be established by resolution of the City Council. 6R-3 10.b. V T ►�` �"'�r'o.'°" * MEMORANDUM �F TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGEI�:� SUBJECT: BROADCASTING CITY COUNCIL MEETINGS ON CABLE TELEVISION DATE: MAY 22, 2001 RECOMMENDATION: Receive information and provide direction to staff. FUNDING: The estimated cost of options for broadcasting City Council meetings ranges from $10,000 to $20,000 annually and initial capital costs of $10,000 to $27,000, depending on the option selected. One funding option presented and discussed at the March 27, 2001 meeting is to request the cable operator to institute a public, education and government access fund ("PEG Fund"). The City's existing franchise agreement requires the cable operator to establish a PEG Fund for use by the City to fund PEG access equipment and facilities, which can be activated at any time upon written request by the City. The PEG Fund would consist of 1% of the gross revenues of the cable operator. It is estimated that this would result in approximately $25,000 annually. The cable operator does have the right to pass-through the cost to the cable customer and identify it as a specific line item on their monthly bills. At this time, the City of San Luis Obispo and portions of the County unincorporated area are the only locations in the County where such a fee has been activated. As a result, it would mean that rates in Arroyo Grande would be slightly higher than those in other areas of the County. The other issue regarding these funds is that there are some Federal law restrictions regarding their use. While the regulations are not clear, they have traditionally been used for capital equipment. However, a number of cities have now begun to utilize them for operations. When used for ongoing operational costs, the primary risk involved is that the cable operator could potentially request reimbursement for a portion of the franchise fee revenue. Some jurisdictions have addressed this by incorporating wording within the franchise agreement whereby the operator agrees not to request any such reimbursement. In initial discussions with the Charter Communications, they have indicated that they would be cooperative with the City on this issue. Therefore, if directed by City Council, staff can propose to the cable operator an amendment to the existing Agreement. CITY COUNCIL BROADCASTING OF CITY COUNCIL MEETINGS ON CABLE TELEVISION MAY 22, 2001 PAGE 2 DISCUSSION: At the February 27, 2001 meeting, staff provided the City Council with a report with information on what would be involved to broadcast City Council meetings on cable television. As a result, staff was directed to develop more specific alternatives and cost estimates. In San Luis Obispo County, meetings are now televised by the County, the City of Morro Bay, the City of San Luis Obispo, and the Los Osos Community Services District. The City of Pismo Beach has also televised one meeting on a pilot basis and is researching future plans to expand coverage. As a result of the Council direction, staff further researched the issues involved in cablecasting meetings and met with representatives of the finro primary firms providing these services in the County. Five options have been developed for consideration. Option 1: Channel 61/Manuallv Operated Cameras The first option would be to use mobile cameras and to televise the programs on Channel 61. This is the same channel used by the County to televise their meetings. There would probably be finro to four cameras, which would be operated by staff of a contract firm. At least one would be in the back of the Council Chambers and one on the side. It may require some change in the setup of the staff tables in the Council Chambers to better accommodate the necessary camera angles. The control equipment would be located in a van or truck owned and operated outside by the contract firm. Meetings would normally be telecast live and rebroadcast several times during the week. The estimated annual cost of this option is about $10,000 -$20,000, depending on the number of cameras, firm selected and length of the meetings. Advantages of utilizing the mobile cameras are that it requires no up front capital costs and provides more flexibility to move the cameras to photograph different activities during a meeting. The primary disadvantage is that they are more likely to be disruptive to the meeting. The advantage of utilizing Channel 61 is that it also does not require up front capital costs for equipment to rebroadcast meetings since the channel is already activated and operated on a countywide basis. Disadvantages are that City meetings would be preempted if a County meeting ran late or conflicted with our schedule and the meetings would be broadcast to the entire County cable system. One of the firms contacted has offered to tape and televise one meeting at no cost to the City. If interested, this would allow the City Council to experience first hand what the impacts of the camera equipment and operators may be on the meeting. CITY COUNCIL BROADCASTING OF CITY COUNCIL MEETINGS ON CABLE TELEVISION MAY 22, 2001 PAGE 3 Option 2: Channel 62/Manually Operated Cameras The second option would be to broadcast the meetings with manned cameras, but activate Channel 62, which would be dedicated for City programming. This would require an additional up front capital cost of approximately $10,000. The equipment would enable City staff to rebroadcast the meetings according to a schedule determined and controlled by the City. When meetings are not being televised, a bulletin board would be maintained that would broadcast City information and messages on an ongoing basis. Option 3: Channel 62/Mounted Remote Camera System Option 3 would utilize cameras mounted on the walls or ceiling that would be operated through robotics from the control equipment. The primary advantage of this system is that it is much less intrusive and disruptive to the meeting. Disadvantages are the capital cost of the equipment and less flexibility in changing camera angles since the different camera shots are pre-established. With regard to cost, one of the firms contacted proposed that if the City enters into a three-year contract, they would provide the permanently mounted camera system. In other words, they would purchase the equipment and recoup the cost through the long- term ongoing contract payments. By enabling them to reduce the need for camera staff assigned, the ongoing cost would be roughly the same as under the mobile camera equipment proposal. They would still utilize their own control equipment, which would greatly reduce initial capital costs from what would be required if the City were to install the entire system itself. As a result, the estimated annual cost would be approximately $20,000. This option would also require the initial one-time $10,000 expenditure for the equipment to broadcast on Channel 62. Option 4: Purchase Cameras The fourth option would be the same as Option 3, but the City could purchase the camera equipment and reduce the ongoing costs. This could increase the start-up investment to as much as $27,000. However, ongoing costs could then be lowered from $20,000 to about $12,000 to $15,000. This option may be desirable if it is determined that the PEG fee cannot be used for operations. Option 5: Channel 62/Initial Manned Cameras/Future Remote Cameras One additional alternative is to begin by contracting for cablecasting of ineetings with mobile equipment. In the meantime, the PEG Fund could be activated and permanent equipment could be installed once sufficient funds have accumulated. CITY COUNCIL BROADCASTING OF CITY COUNCIL MEETINGS ON CABLE TELEVISION MAY 22, 2001 PAGE 4 ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Take no action at this time; - Contract for broadcasting of ineetings on Channel 61 utilizing mobile cameras; - Contract for broadcasting of ineetings on a dedicated City Channel 62 utilizing mobile cameras; - Contract on an extended basis for broadcasting of ineetings on Channel 62 utilizing mounted cameras; - Purchase the mounted camera equipment and contract for operation and control of the equipment. - Begin by contracting for cablecasting of ineetings with mobile equipment until sufficient funding is accumulated in the PEG fund to purchase capital equipment. - Activate the PEG Fund, accumulate PEG revenue and defer action on the type of broadcasting until enough funds are available to eliminate General Fund impacts. - Provide direction to staff. � PRROYO \ ° �� � INCORPORATED 9 2 v m * JULV 10 �e>> * c4 ��FORN� P �� FROM: BY: CITY COUNCIL MEMORANDUM KERRY McCANTS, COMMUNITY DEVELOPMENT DIRECTOR RYAN FOSTER, PLANNING INTERN 11.a. SUBJECT: AUTHORIZATION TO WAIVE APPLICATION FEES FOR THE LIGHTHOUSE CHRISTIAN SCHOOL CHERRY SALE DATE: MAY 22, 2001 RECOMMENDATION: It is recommended that the City Council consider the request from Lighthouse Christian School, (Attachment 1) to waive the fees for a Temporary Use Permit; and if the Council so chooses, adopt the attached Resolution authorizing the waiver of permit application fees for the Lighthouse Christian cherry sale. FUNDING: The applicant is requesting a waiver of the 5101.00 application fee for the Temporary Use Permit. DISCUSSION: Temporary Use Permit 01-01 1 was issued to Lighthouse Christian School for the sale of cherries at various locations throughout the City. The school has paid ,the fee of S 101 for the Temporary Use Permit and has requested a waiver (refund) of these fees. The school has stated that the fee of S 101 would severely impact any revenue the school raises from the cherry sale. ALTERNATIVES: The following alternatives are provided for the Council's consideration: -Adopt the attached resolution; -Modify and adopt the attached resolution; -Reject the attached resolution; -Provide direction to staff. Attachments: 1. Request for fee waiver from applicant 2. Certification of Exemption/Non-Profit Organization RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE WAIVER OF PERMIT APPLICATION FEES FOR THE LIGHTHOUSE CHRISTIAN SCHOOL CHERRY SALE WHEREAS, Lighthouse Christian School officials have requested a waiver of the 5101.00 fee for the Temporary Use Permit application required for a cherry sale. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. Those fees for the Temporary Use Permit application for the Lighthouse Christian School cherry sale are waived. On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this 22" day of May, 2001. RESOLUTION NO. PAGE 2 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Lighthouse Independent Study Program Lighthouse Christian School 497 Fair Oaks Ave • Arroyo Grande, CA 93421 :� (805) 481 - HOPE :�;. ::,: 'X Community Development Department 214 E. Branch St. Arroyo Grande, CA 93421 To Whom It May Concem: ATTACHMENT I � This letter is to request a waiver of the fees paid for tY�e temporary use permit we applied for on this date. We are a non-profit organization applying for this permit in order to raise fun�is for our schoot. Please take this irrto consideration at your ne� City Council Meeting. Th�nk you for your attenti n to this matter, r C(/`c.�J . Shelly Ci a.n� Bookkeeper Lighthbuse Christian School SG/kq REC'�IVED �r1AY 1 �'1 ?^; � r �� � ��� � ° . .. ����. ATTACHMENT 2 Office use only Form Hb-2 6J00 CERTIFICATION OF EXEMPTION NON-PROFIT ORGA1vIZATION To Whom It May Concern, This letter is to verify that the Lighthouse Christian School, Arroyo Grande, Califomia is a recognized subordinate and is a qualified church controlled organization of the Gospel Lighthouse Church, Arroyo Grande, Califomia under Group exemption (Gen#1411). T'1�erefore, Lighthouse Ghristian School is exempt from Federal Income Tax under the provisions of Section 501-C3 of the Internal Revenue code of 1954. Should fiuther verification be needed, please feel free to contact our office at 805-481- 4673 E�rt. 11 � � �1 . !Shelly D. iesmann Church/Scha�l Bookkeeping United Pentecostal Church Gospel Lighthouse Church of Arroyo Grande Church Seal / PRROYO ° �� � INCORPORATED � V T �t JULV 10. 1011 * c ���FO�N� P TO: FROM: BY: SUBJECT: DATE: MEMORANDUM CITY COUNCIL KERRY MCCANTS COMMUNITY DEVELOPMENT DIRECTOR v TERESA MCCLISH, ASSOCIATE PLANNER � TIME EXTENSION CASE NO. 01-001 FOR CONDITIONAL USE PERMIT CASE NO. 98-570; QUARTERDECK RESTAURANT EXPANSION; 1500 WEST BRANCH STREET MAY 22, 2001 RECOMMENDATION: The Planning Commission recommends the City Council adopt the attached Resolution approving a one year time extension for Conditional Use Permit Case No. 98-570. FUNDING: No fiscal impact. DISCUSSION: The City Council approved Conditional Use Permit No. 98-570 on May 11, 1999 to expand the Quarterdeck Restaurant by constructing a 4,400 square foot outdoor patio and a 126 square foot addition to the front entrance/waiting area. Also approved was a stage for outdoor entertainment (Attachment 1). The applicant has submitted a request for a time extension due to temporary financial constraints (Attachment 2). This project is within the Oak Park Acres Planned Development (PD 1.1) and approvals may only be extended by the City Council. On May 15, 2001 the Planning Commission adopted Resolution No. 01-1790, recommending the City Council approve the proposed Time Extension (Attachment 3). ENVIRONMENTAL ASSESSMENT: The project was found to be categorically exempt under Section 15303 of the CEQA Guidelines (new construction or conversion of small facilities). Staff has determined that the time extension request presents no issues of environmental impact, and is exempt from review under CEQA Guidelines Section 15061 based on the determination that there is no possibility that the project will have a signi#icant effect on the environment. 17.b. City Council Staff Report Time Extension 01-001 for Conditional Use Permit Case Number 98-570 auarterdeck Restaurant Expansion May 22, 2001 Page 2 Attachments: Resolution of Approval Exhibit "A": Conditions of Approval 1. City Council Resolution No. 3362 approving CUP 98-570 2. . Letter from applicant, April 8, 2001 3. Planning Commission Resolution No. 01-1790 approving TE 01-001 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TIME EXTENSION NO. 01-001 FOR CONDITIONAL USE PERMIT 98-570, APPLIED FOR BY CYNTHIA JONES, FOR THE QUARTERDECK RESTAURANT LOCATED AT 1500 WEST BRANCH STREET WHEREAS, on May 1 1, 1999, the City Council of the City of Arroyo Grande approved Conditional Use Permit 98-570, filed by Anne Griffith & Cynthia Jones, to construct a 4,400 square foot outdoor patio addition and expand the front entrance/waiting area to an existing restaurant located at 1500 West Branch Street; and WHEREAS, on May 15, 2001, the Planning Commission of the City of Arroyo Grande has approved PC Resolution No. 01-1790 recommending that the City Council approve Time Extension No. 01-001 for Conditional Use Permit No. 98-570; and WHEREAS, the City Council of the City of Arroyo Grande considered Time Extension 01-001, filed by Cynthia Jones, for a one-year time extension for Conditional Use Permit No. 98-570; and - WHEREAS, the City Council finds after due study, deliberation and public hearing, the following circumstance exists: There have been no significant changes in the General Plan, Municipal Code, or character of the area within which the project is located that would cause the approved project to be injurious to the public health, safety, or welfare. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves Time Extension No. 01-001, with the above finding and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. The expiration of approval for Conditional Use Permit No. 98-570 shall now be May 22, 2002. On motion by Council Member , seconded by Council Member , and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was adopted this 22nd day of May 2001. ATTACHMENT I RESOLUTION NO. 3362 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT 98-570, APPLIED FOR BY ANNE GRIFFITH & CYNTHIA JONES, LOCATED AT 1500 WEST BRANCH STREET WHEREAS, the Planning Commission of the City of Arroyo Grande has approved PC Resolution No. 99-1692 recommending that the City Council approve Conditional Use Permit 98-570; and WHEREAS, the City Council of the City of Arroyo Grande has considered Conditional Use Permit 98-570, filed by Anne Griffith & Cynthia Jones, to construct a 4,400 square foot outdoor patio addition and expand the front entrance/waiting area to an existing restaurant located at 1500 West Branch Street; and WHEREAS, the City Council has held a public hearing on this application in accordance with City Code; and WHEREAS, the City Council has found that this project to be consistent with the General Plan and the environmental documents associated therewith; and WHEREAS, the City Council has reviewed this project in compliance with the California Environmental Quality Act (CEQA) and has determined that the project is categorically exempt pursuant to Section 15303 of the CEQA Guidelines; and WHEREAS, the City Council finds after due study, deliberation and public hearing, the following circumstances exist: Conditional Use Permit Findings: 1. The proposed use is permitted within the subject district pursuant to the provisions of Section 9-03.050 of the Development Code, and complies with all applicable provisions of the Development Code, the goals and objectives of the Arroyo Grande General Plan, and the development policies and standards of the City. 2. The proposed use will not impair the integrity and character of the district in which it is to be established or located. 3. The site is suitable for the type and intensity of use or development that is proposed. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure the public health and safety. 5. The proposed use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity. EXHIBIT "A" CONDITIONS OF APPROVAL TIME EXTENSION NO. 01-001 FOR CONDITIONAL USE PERMIT 98-570 QUARTERDECK RESTAURANT 1500 WEST BRANCH STREET GENERAL CONDITIONS COMMUNITY DEVELOPMENT DEPARTMENT This approval authorizes a one-year time extension for the 4,400 square foot outdoor patio addition and expansion of the front entrance/waiting area to the existing Quarterdeck Restaurant located at 1500 West Branch Street; 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Conditional Use Permit 98-570. 3. The Conditional Use Permit shall automatically expire on May 22, 2002. Thirty (30) days prior to the expiration of the approval, the applicant may apply for another one —year time extension. 4. The applicant shall agree to defend at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in anyway relating to the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. RESOLUTION NO. PAGE 2 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY RESOLUTION NO. 3362 PAGE 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves Conditional Use Permit 98-570, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion by Council Member Ferrara, seconded by Council Member Tolley, and by the following roll call vote, to wit: AYES: Council members Ferrara, Tolley, Runels, Dickens and Mayor Lady NOES: None ABSENT: None the foregoing Resolution was adopted this 11 t day of May 1999. RESOLUTION NO 3 3 6 2 PAGE 3 � ATTEST: KELLY W�TMO�'fE, ADMINISTRATIVE SERVICES DIRECTOFi/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: � L. t ROBERT L. HUNT, CITY MANAGER APPROVED AS TO FORM: � � TI OTHY�. CAR�LIEL�CITY ATTORNEY r�:t:ii:3��_� CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 98-570 ANNE GRIFFITH & CYNTHIA JONES 1500 WEST BRANCH STREET COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the construction of a 4,400 square foot outdoor patio addition and 126 square foot expansion of the front entrance/waiting area to an existing restaurant located at 1500 West Branch Street. This approval also authorizes a 6.6% parking reduction in the common parking facility located at the Oak Park Plaza Shopping Center. 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Conditional use Permit Case No. 98-570. 3. This application shall automatically expire one year after City Council approval unless a building permit is issued. Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from the original date of expiration. 4. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of April 6, 1999 and marked Exhibits "B-1 through B-4". 5. The applicant shall agree to defend at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in anyway relating to the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fee's which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. 6. Construction shall be limited to between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday. 7. Development shall conform to P-D-1.1 (Oak Park Acres Planned Development) zoning requirements except as otherwise approved. 8. Prior to issuance of a building permit, a landscaping and irrigation plan shall be prepared by a licensed landscape architect subject to approval by the Community Development Director. 9. This Conditional Use Permit shall be reviewed by the Planning Commission one year after City Council approval to ensure that the project is being operated in a manner consistent with these conditions of approval. Issues to be reviewed include, but are not limited to, noise, hours of outdoor musical entertainment, and exterior lighting. BUILDING & FIRE DEPARTMENT STANDARD CONDITIONS 10. The project shall comply with the most recent editions of the California State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. 11. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. 12. Project shall have a fire flow of 1500 gallons per minute for a duration of two (2) hours. 13. Prior to final inspection, applicant must provide an approved "security key vault", per Building and Fire Department guidelines. 14. Prior to issuance of a building permit, County Health Department approval is required for food service occupancy. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT The applicant shall pay all applicable City fees, including the following: 15. Water Mitigation fee, to be based on codes and rates in effect at the time of building permit issuance, involving water connection or enlargement of an existing connection. 16. Water Distribution fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6-7.22. 17. Water Service charge to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6-7.22. 18. Water Supply charge, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6-7.22. 19. Traffic Impact fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ord. 461 C.S., Res. 3021. 20. Traffic Signalization fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ord. 346 C.S., Res. 1955. 21. Sewer Permit fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6-6.405. 22. Construction Tax, the applicant shall pay a construction tax pursuant to Section 3-3.501 of the Arroyo Grande Municipal Code. 23. Strong Motion Instrumentation Program (SMIP) fee, to be based on codes and rates in effect at the time of development in accordance with State mandate. SPECIAL CONDITIONS 24. Provide disabled access per State and Federal requirements. 25. Canopy covers shall have State Fire Marshal approval. 26. Provide all required exists per the Uniform Building Code. PUBLIC WORKS DEPARTMENT 27. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications, except as may be modified by these conditions of approval. 28. . Upon approval of the improvement plans, the applicant shall provide a reproducible mylar set and 3 sets of prints of the improvements for inspection purposes. Prior to acceptance of the improvements, the applicant shall provide reproducible mylars, and 2 sets of prints of the approved record drawings (as builts). 29. The developer shall be responsible during construction for cleaning city streets, curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of dirt or debris to storm drain or sanitary sewer facilities shall not be permitted. The cleaning shall be done after each day's work or as directed by the Director of Public Works or the Community Development Director. 30. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. Any portion of the project encroaching into the future public right of way shall be removed should road widening occur per the Circulation Element of the General Plan. 31. Prior to the issuance of any construction permit, the developer shall demonstrate that the adjacent property owners have consented to the proposed offsite construction. 32. All grading shall be done in accordance with the City Grading Ordinance. 33. The pipe outlet for the patio shall be designed to drain to an acceptable drainage facility to the satisfaction of the Director of Public Works. 34. All drainage facilities shall be designed to accommodate a 100-year storm flow. 35. All new public utilities shall be installed as underground facilities. 36. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. FEES AND BONDS FOR ALL CITY DEPARTMENTS 37. The applicant shall pay all applicable City fees. The City is currently studying all development impact and processing fees. The City is also in the process of developing a fire impact fee. Certain development impact fees are adjusted annually. The developer shall pay the updated fees in effect at the time of payment, except that the fees paid shall not exceed 150 percent of the fee in effect at the time of this Conditional Use Permit approval. 0 > x .� � x -o � �� � 'Q s ' � � -� � _ .� � 't._. — . r t cj � . . -- � - r �-�� . � ` \' ` \\\. - . ����• ������ . �� � i�ii���i..��� -�.��r.ii� �� i,�iii - � i �� �� � . � ` �� �� ��� ������ � � �� � � � �����������t���������� . !.c ... � ... � . � � _ �.���� t . �-- //////�//�/�/�///./ / .— _ � f� -f •/ / f �. . ,�. (�\\} ����L� �\��\\ ��. 4�. ;, � �t\�\�\\\\�\ � � � � , . �. .� \ . . �3 �� //////I!l////i / - � ... ' � \\\\\\\\\\�\\\`� ��`L.'�-�1..`Ll..�-�`�� L ' �5 = E_ _ _ . .. . — �� '` � ` t � �� � �� ��c� � — - � ( • f 1 � r 1 \� � `\���\ �• • � ' � ' �� { �.�a_r " I (-1.f.11 - �� � . � .�.� _ � ` � � � e , ` ` �_. _ ° . 1 . j , . :l.�.�. �.� �.4 t.� , •� 1•�-► t� r ---- ,,:.:. . ,. 1 . � i T - .l�l .�� � � CUP 98-570 EXHIBIT B-1 C � �� _ ��r� . .�L� j �L�s � i � ► -t l 1.3.! I � . I .�- I � . I• . I � I I � i � . I I � 1 I . I I 0 CUP 98-570 EXHIBIT B-2 0 0 CUP 98-570 EXHIBiT B-3 � � CUP 98-570. . EXHtBIT .B-4 �. :t 3 ] � i ► Tl < r� �f 0 z • � � m � � � 1 � Q m r < > -� 0 z i; � z � � � .. > �. � � r � � � � . � a � �n = , � � �� .i r� : � < � > � a i i z ,� � .; 3 n > _ 7 -1 0 � r m < � 0 �, s, $ � 2 '� � ._ � .; . T a s . f � � f • _� fF 1 � SEAFOAD 6ESTA�BANT, IMC. ATTACHMENT 2 ,soo w. Branc�, sc Arroyo G�ande, CA 93420 ♦ Phane (805) 4813474 Fax (805) 481-0899 Apri18, 2001 To whom it may concern, I am writing to request an extension on'our permit (CUP 98-570) that will be expiring on May 11, 2001. Due to financial reasons we aze putting the expansion on temporary hold but still look forward to starting it in the near future. Sincerely, Cyntl�ia Jones ATTACHMENT 3 RESOLUTION N0. 01-1790 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF� ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL APPROVE A ONE YEAR TIME EXTENSION FOR CONDITIONAL USE PERMIT 98-570 AND ASSOCIATED ARCHITECTURAL REVIEW FOR RESTAURANT EXPANSION LOCATED AT 1500 WEST BRANCH STREET, APPLIED FOR BY THE CYNTHIA JONES/THE QUARTERDECK RESTAURANT WHEREAS, the Planning Commission of the City o# Arroyo Grande has considered a request for a one year time extension for Conditional Use Permit 98-570, filed by the Quarterdeck Restaurant to construct a 4,400 square foot outdoor patio addition and expand the front entrance/waiting area to an existing restaurant located at 1500 West Branch Street; and WHEREAS, the City Council approved Conditional Use Permit No. 98-570 on May 11, 1999 by adopting Resolution 3362; and WHEREAS, the Planning Commission has held a public hearing on this application in accordance with the City Codes; and WHEREAS, the Planning Commission has found that this project is consistent with the City's General Plan; and .� WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, that there have been no significant changes in the General Plan, Municipal Code or character of the area within which the project is located that would cause the approved projects to be injurious to the public health, safety, or welfare. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends that the City Council approve a one-year time extension for Conditional Use Permit 98-570, with the above findings and subject to the conditions as set forth in Attachment "A", attached hereto and incorporated herein by this reference. Resolution No. 01-1790 Quarterdeck Restaurant May 15, 2001 Page 2 On motion of Commissioner Keen , seconded by Commissioner Fowler , and by the following roll call vote, to wit: AYES: Commissioners, Keen, Fowler, Brown and Chair Costello NOES: None ABSENT: Commissioner Guthrie ABSTAIN: None the foregoing Resolution was adopted this 15th day of May 2001. ATTEST: Kathleen Fryer, Commission Clerk Joseph M. Costello, Chair AS TO CONTENT: Kerry McCants Community Development Director Resolution No. 01-1790 ATTACHMENT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 98-570 TIME EXTENSION QUARTERDECK RESTAURANT 1500 WEST BRANCH STREET GENERAL CONDITIONS COMMUNITY DEVELOPMENT DEPARTMENT This approval authorizes a one-year time extension for the 4,400 square foot outdoor patio addition and expansion of the front entrance/waiting area to the existing Quarterdeck Restaurant located at 1500 West Branch Street; 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Conditional Use Permits 98-570. � 3. The Conditional Use Permit shall automatically expire on May 15, 2002. Thirty (30) days prior to the expiration of the approval, the applicant may apply for another one —year time extension. � 4. The applicant shall agree to defend at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in anyway relating to the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fee's which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may; at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. � pRRO��� � INCORPORATE Z � v �, � JUIY t0, 1911 � c ���FORN� P MEMORANDUM TO: CITY COUNCIL/REDEVELOPMENT AGENCY BOARD OF DIRECTORS FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES � 5� SUBJECT: FISCAL YEAR 2000/01 THIRD QUARTER BUDGET STATUS REPORT DATE: MAY 22, 2001 RECOMMENDATION: It is recommended the City Council/Agency Board: 11.c. • Approve detailed budget adjustments and recommendations as shown in Schedule B. • Approve Schedules A through E included in the Mid-Year Budget Status Report. • Approve (Deny) donation request from Ocean View Elementary School. FUNDING: The requested actions will impact several fund budgets as outlined in the Third Quarter Budget Status Report and supporting schedules. The Generat Fund ending balance will be impacted by the approval of the recommended revenue and appropriation adjustments as follows: Projected Fund Balance at Mid-Year Report Additional Revenues Transfer Changes Approved Expenditure Adjustments Proposed Expenditure Adjustments Total Decrease to General Fund Balance Adjusted Fund Balance 6/30/2001 $530, 500 293, 000 (16, 000) (237,700) 5�1 ��) (18.800) 511 700 A request for a donation from Ocean View Elementary School Destination Imagination Team is presented in the Third Quarter Report. The Lucia Mar representative did not request a specific donation amount. Should the City Council wish to make a contribution, the donation may be between $500 to $1,000, may match the County contribution of $1,500, or may match the City of Pismo Beach contribution of $2,500. DISCUSSION: Each year, the City Council adopts a budget, which commits resources to the accomplishment of its policies. The Financial Services Department routinely prepares quarterly budget updates for the City Council. THIRD QUARTER REPORT MAY 22, 2001 PAG E 2 The purpose of the City's Third Quarter budget review is to: • Conduct a review of all City funds to recommend budgetary changes to address known budget deficiencies. • Identify budget changes that materially impact fund balances. • Comment on the significant budget trends that will impact financial planning. • Provide a link between the City budget, the financial records, and the independent financial audit. Each year, the City Council adopts a budget, which commits resources to the accomplishment of its policies. The Financial Services Department routinely prepares quarterly budget updates for the City Council. SUMMARY OF KEY THIRD QUARTER POINTS: • The projected "Budgeted" General Fund Balance for 2000/01, after proposed budget adjustments, is approximately $511,700. This amount is different from the FY 2001-02 Preliminary Budget "Estimated Actual" budgeted fund balance, of approximately $1,080,300. "Budgeted" figures represent the authorized maximum appropriations, while "Estimated Actual" figures represent what the expected spending and revenues will be at year-end. Therefore, given the expenditure containment shown by the departments, the City expects to have a fund balance $568,600 more than the "Budgeted Fund Balance". The 2000/01 projected $511,700 General Fund Balance is approximately $874,300 short of reaching the City Council goal of a fund balance of 15% of appropriations ($1,386,000). • A request for a donation from Ocean View Elementary School is presented for City Council consideration. • Comparative Third Quarter Revenues and Expenses for the General Fund, Sewer Fund, and Water Fund are reported. The FY 2000-01 General Fund reports an approximate $840,700 increase in revenues, and approximately $275,200 increase in expenditures. This increase in revenues is from increases in property tax revenues ($225,800), sales tax ($104,700), engineering inspection fees ($136,500), mitigation revenue from San Luis Obispo County ($237,700), and an increase ($61,600) in motor vehicle license fees. The increase in expenditures is primarily in the Public Safety departments from the increased salary and benefit costs in the Police and Fire Departments. Recommended Adjustments to the General Fund, reported on Schedule B, reports an increase to estimated revenue of $293,000. The major portion of the increase is the result of a mitigation payment ($237,700) from San Luis Obispo County for the use of Huasna THIRD QUARTER REPORT MAY 22, 2001 PAGE 3 Road during the remediation of Lopez Dam. The Transfers-In is reduced by $16,000 as a result of a reassessment of expected revenues from the State COPS Block Grant. The detail of these adjustments may be found beginning on Page 7 and Schedule B(page 23) of the report. The budget for Sewer Facility Fund transfers to the CIP Fund is being decreased by slightly more than $701,700 to reflect the reduction of the contribution to the Grand Avenue Phase 3 Project ($450,000), outside funding for the Newsom Springs Project ($251,600), and the closure of the Sewer/Water Rate Study ($100). The budget for Water Fund transfers to the CIP Fund is being decreased by $412,800 to reflect the reduction of the Water Fund contribution ($163,800) and the use of STIP funding ($249,000) for the Grand Avenue Phase 3 Project. It is recommended that the appropriations for claims and settlements be increased by ($76,000) for ongoing water litigation. Numerous changes and adjustments are recommended for the Capital Improvement Program Fund (350). Adjustments are proposed to reflect the return of unused appropriations to other City funds, such as the $613,800 returned to the Water and Sewer Facility Funds for the Grand Avenue Phase 3 project; the transfer of General Fund monies for the Huasna Road project ($237,700); and the completion of the Relocation of the Santa Manuela School ($6,500). Approve the following Schedules A through E, included in the Third Quarter Budget Status report that summarizes budget adjustments. A. Unreserved Fund Balance-Control. B. Recommended Adjustments. C. Adjustments to Fund Balance. D. Unreserved Fund Balance-Third Quarter Changes. E. 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L� 6� ui d� N M N � � ° � m r. N� � � � � � �. O� n o � � M '. � ���� � � �°�� �! � N � N N 0�0 � � � �i o m �n g o .-� � � � N � � e --� �i? Efl �. z w � � Q c W o Ll ;� c o � Y� � ° �� .. cn �'� ya ;' � y � o � � W w d�. C] F > a � � W � � b� � R L`. � R������� TO ..........................CITYMANAGEROFARROYOGRANDE�"� �` �"����� �`� 01 ��R 20 P�9 2� 52 CONCERNING....PRESENTATION TO CITY COUNCIL � � , � FROM .................... MIKE LIEBO I am the coordinator of a program for the Lucia Mar School District cailed Destination Imagination. This is the largest problem solving competition in the world. On March 31, two team from our county, Ocean View in Arroyo Grande and Judkins in Pismo Beach, won in their respective divisions. Each team will represent our state at the University of Tennessee from May 23 to May 26. Like the Olympics, teams are responsible to come up with the funding for a "world class" team. It costs about $8000 a team. Since two teams won, we need to come up with $16000 to cover basic expenses (dorms, food and airline tickets.) There are other costs, transportation and shipping props, for example. Hence, we need about $18000 to field two teams. The Lucia Mar School District will cover about half of the expenses, we need to raise the rest. We believe the city of Pismo Beach will help us, the County Board of Supervisors, and I am hoping the city of Arroyo Grande would consider offering us financial aid to support our team from Arroyo Grande. Our students would be happy to pertorm part, or all of their pertormance. The pertormance takes about eight minutes. You will be amazed at t(ie talent, creativity, and enthusiasm of our students. If it is possible, we would be honored to come to your next meeting. Thank you for your consideration. Sincerely, Mike Liebo 489-1702 (home) 473-4130 (Judkins) � ,� r• � TENTATIVE SCHEDULE OF EVENTS Destination ImagiNationT"' d2k.1 Global Finals University of Tennessee — Knoxville, Tennessee Monday, May 21 — Sunday, May 27, 2001 Mondav. Mav 21: EVENT LOCATION 3:00 p.m. to 11:00 p.m Registration and Housing Check-In Ray Meazs Room, Thompson-Boling Arena Tuesda Ma 22: 8:00 a.m. to 10:00 p.m. Passageways Travel & Tours Ray Mears Room, Thompson-Boling Arena 10:00 a.m. to Midnight Registration and Housing Check-In Ray Mears Room, Thompson-Boling Arena Wednesday. Mav 23: 8:00 am. to 10:00 p.m. 8:30 a.m. to Midnight 1:00 p.m. to 5:00 p.m. 3:30 p.m. to 530 p.m. 7:30 p.m. to 8:30 p.m. Passageways Travel & Tours Registration and Housing Check-In d2k.1 Sponsor EXPO Team Mangers' Meeting w/ICMs Opening Ceremony Ray Mears Room, Thompson-Boling Arena Ray Meazs Room, Thompson-Boling Arena UT Conference Center Stokley Athletic Center Thompson-Boling Arena Thursdav. Mav 24: 730 a.m. to 5:00 p.m. 8:30 a.m. to 11:00 a.m. 9:00 a.m to 4:00 p.m. 9:00 a.m. to 6:00 p.m. 12:00 p.m. to 5:00 p.m. 7:30 p.m. to 8:15 p.m. Fridav. May 25: 7:30 a.m. to 5:00 p.m. 8:00 a.m. to 6:00 p.m. 9:00 a.m. to 12:00 Noon 730 p.m. to 8:30 p.m. 8:30 p.m. to 9:30 p.m. 9:30 p.m. to 10:30 p.m. Saturdav. Mav 26: 7:30 am. to 5:00 p.m. 8:00 a.m. to 330 p.m. 7:30 p.m. to 9:00 p.m. 9:30 p.m. to Midnight 9:30 p.m. to 12:30 a.m. 9:30 p.m. to 1230 am. 9:30 p.m. to 1:00 a.m. Sunday. May 2T: 6:00 am. to 11:00 am. 8:00 am. to 2:00 p.m. Passageways Travel & Tours *Registration and Housing Check-In d2k.1 Sponsor EXPO d2k.1 Competition (All Levels) Late Registration and Housing Check-In Christian Davis Concert Passageways Travel & Tours d2k.1 Competition (All Levels) d2k.1 Sponsor EXPO Graduation Ceremony Team Managers' and Officials' Competition Alumni Recruiting Meeting Passageways Travel & Tours d2k.1 Comperition (All Levels) Awazds Ceremony Pre-Teen Party Teen Party Collegiate Party Team Managers' and Officials' Recovery Party Housing Check-Out Lost & Found & Passageways University Center Ray Mears Room, Thompson-Boling Arena UT Conference Center UT Campus DI Information at the University Center Thompson-Boling Arena University Center UT Campus UT Conference Center UT Conference Center/Hermitage KCEC Exhibit Hall University Center/Executive Dining Room University Center UT Campus Thompson-Boling Arena Thompson-Boling Staff23 Lot Thompson-Boling Staff 9 Lot Residence Hall KCEC Exhibit Hails University Center The Information Booth will be located in the University Center. A U S Post Office will be located in the University Center where a special d2k.1 cancellation stamp is available. Sowenir Sales will be located in the University Center. *Thursday registrants arriving after 11:00 a.m. may pick up their registration packets starting at 12:00 Noon in the University Center at the Destination ImagiNationT"' Information Booth located on the second floor. Check the Destination ImagiNationTM homepage http•//www.destinationimagination.orQ for updates. Dear d2k.1 Global Finalist Team, Congratulations! You have earned the right to participate in the d2k.1 Global Finals at the University of Tennessee, in Knoxville, Tennessee, May 23 thru May 26, 2001. This is a four day event and all teams, Team Managers and supporters aze asked to be there through the entire event. Opening Ceremonies will be held at 7:30 p.m. on Wednesday, May 23�. Enclosed you will find a Tentative Schedule of Events, forms for team registration/room and boazd reservations, travel and tour information from Passageways Travel and other pertinent information. Prop Shipment and other event information is detailed in the enclosed letter from our hosts. Be sure to bring the completed Medical and Media Release Forms (duplicate for each team member) with you. Please pay close attention to due dates, deadlines and to whom you must retarn all forms. You may fax the required forms to the intended recipients. However, remember that many of the forms are twasided. (Always keep a copy for yourself.) Payment (via purchase order, check, money order, wire transfer or credit cazd) for all packages mnst be in our office by May 5'�. However, in order to facilitate room assignments and scheduling, we need to know within a week of your Affiliation Finals if your team plans on participating and how many participants, support personnel and parents are in your group. Travel reservations for you or your supporters can be secured by contacting Passageways Travel at 800-628-9670, x2208 (be sure to ask for the d2k.1 Global Finals desk). There will be a meeting for ALL Team Managers with the International Challenge Masters at 3:30 p.m. on Wednesday aftemoon (before Opening Ceremonies). It is important that you have an adult representative (preferably a Team Manager) attend this meeting. All d2k.l Global Finals Team Managers and Officials are invited to compete in the Team Managers' and O�cials' Competition on Friday evening, May 25. Also, students, Team Managers, and Officials who will miss a school graduation because of attendance at the Global Finals are invited to register for the d2k.1 Graduation Ceremony on Friday evening, May 25'", and to bring their caps and gowns to wear at this ceremony. You will be given information conceming the days and times you compete from your Affiliate Director. Please remember that any competitor overheard revealing the Instant Challenge given in competition will subject his/her team to a score deduction or disqualification. In addition, should a competitor hear the Instant Challenge before competing, adjustments may be made in scores or scores eliminated to overcome this advance knowledge. Also note that team members cannot practice team solutions on the actual competition site. Practice facilities will not be provided. . We hope you aze looking forward to your participation. We, and the University of Tennessee, aze looking forward to hosting you. Best of luck! Sincerely, , �� �� ���� ��� Robert T. Purifico Executive Director Destination ImagiNation, Inc., P.O. Box 547, Glassboro, NJ 08028-0547 Phone: (856) 88 I- I 603 Fax: (856) 881-3596 www.destinationimagination.org