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Agenda Packet 2001-08-14 CITY COUNCIL (5&f/ AGENDA ~/7~ Michael A. Lady Mayor Tony M. Ferrara Mayor Pro Tern Steven Adams City Manager Thomas A. Runels Council Member Timothy J. Carmel City Attorney Jim Dickens Council Member Kelly Wetmore Director, Administrative Services Sandy Lubin Council Member NOTICE OF CITY ,COUNCIL SPECIAL MEETING Tuesday AUGUST 14, 2001 6:15 P.M. Arrovo Grande City Council Chambers 215 East Branch Street, Arroyo Grande AGENDA 1. ROLL CALL 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. 3. CITY COUNCIL CLOSED SESSION: a. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Government Code Section 54956.9(a): Name of Case: Santa Maria Valley Water Conservation District vs. City of Santa Maria, et al. {and related cross-actions}. Santa Clara Superior Court' No. CV 770214 4. RECONVENE TO OPEN SESSION: Announcement of reportable action from closed session, if any. 5. ADJOURNMENT. c:closedsession.agenda,08140 1. CITY COUNCIL (5"& f/ AGENDA ~/7~ Michael A. Lady Mayor Tony M. Ferrara Mayor Pro Tern Steven Adams City Manager Thomas A. Runels Council Member Timothy J. Carmel City Attorney Jim Dickens Council Member Kelly Wetmore Director, Administrative Services Sandy Lubin Council Member AGENDA SUMMARY CITY COUNCIL MEETING TUESDAY, AUGUST 14, 2001 7:00 P.M. Arroyo Grande City Council Chambers 215 East Branch Street, Arroyo Grande 1. CALL TO ORDER: 7:00 P.M. 2. ROLL CALL 3. FLAG SALUTE 4. INVOCATION: PASTOR ROBERT BANKER OPEN DOOR CHURCH, OCEANO 5. SPECIAL PRESENTATION: 5.a. Presentation of SLOCOG Regional Transportation Plan and Regional Housing Needs Allocation Process 6. AGENDA REVIEW: 6a. Move that all resolutions and ordinances presented tonight be read in title only and all further readings be waived. AGENDA SUMMARY - AUGUST 14, 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: Approye the listing of cash disbursements for the period July 15, 2001 through July 31,2001. 8.b. Statement of Investment Deposits (SNODGRASS) Recommended Action: Receive and file the report of current investment deposits as of July 31,2001. 8.c. Annual Report - Fiscal Year 2000-01 Cash Activity in Transportation Facilities Development Impact Fund (SNODGRASS) Recommended Action: Accept the annual report of Transportation Facilities Development Impact Fund cash activity and ending cash balance at June 30, 2001. 8.d. Rejection of Claim Against City - E. Toal (WETMORE) Recommended Action: Reject claim. 8.e. Approval of Minutes (WETMORE/DAVIS) Recommended Action: 1) Approve minutes as submitted for the Regular City Council meeting of July 10, 2001; and 2) Approve minutes as submitted for the Special City Council meeting of July 31,2001. AGENDA SUMMARY - AUGUST 14, 2001 PAGE 3 8. CONSENT AGENDA (continued): 8.f. Authorization to Purchase Two Replacement In-Car Video Systems (TerBORCH) Recommended Action: Authorize staff to purchase two (2) replacement Kustom Signal Industrial Grade Patrol Car Surveillance Systems, for a total cost of $8,690, including tax and delivery. 8.g. Authorization to Purchase Two Replacement Unmarked Police Vehicles (TerBORCH) Recommended Action: Authorize staff to purchase two replacement unmarked Police Department vehicles from Mullahey Ford for $36,176, including tax. 8.h. Consideration of Award of Bid - Parks Division Vehicle (HERNANDEZ) Recommended Action: Award the bid to Santa Maria Ford for the purchase of a 2002 F-150 half-ton truck in the amount of $17,602.38. 8.L Consideration of Award of Bid - Public Works Vehicle (SPAGNOLO) Recommended Action: Award bid of $23,227.21 from Mullahey Ford for a Y2-ton pick up truck for the Public Works Department. 8.j. Consideration of Disadvantaged Business Enterprise (DBE) Program for FFY 2001/2002 (SPAGNOLO) Recommended Action: Approve the submittal of the City's FFY 2001-2002 DBE Program with "established" Overall Annual DBE Goal to Caltrans by September 1 , 2001. 8.k. Consideration of Summary Vacation of a Portion of a Drainage and Public Service Easement Adjacent to Pearwood Avenue (SPAGNOLO) Recommended Action: Adopt Resolution summarily vacating a portion of an existing drainage and public service easement. 8.1. Adoption of Resolution Approving Conditional Use Permit Case No. 99-013 to Construct Five (5) Professional Office Buildings. and Variance Case No. 01-001 to Deviate from the Maximum Wall Height Requirement: Northwest Corner of Camino 'Mercado and West Branch Street: Stephen Cool and Gary White (McCANTS) Recommended Action: Adopt Resolution adopting a mitigated negative declaration, instructing the Director of Administratiye Services to file a Notice of Determination, and approving Conditional Use Permit Case No. 99-013; and approving Variance Case No. 01-001. 8.m. Authorization to Close City Streets and Use City Property for the 64th Annual Arroyo Grande Valley Harvest Festival. September 28..29, 2001 (McCANTS) Recommended Action: Adopt Resolution authorizing the closure of City streets and use of City property and authorize the waiver of City fees/costs for the annual Arroyo Grande Valley Harvest Festival. AGENDA SUMMARY - AUGUST 14, 2001 PAGE 4 8. CONSENT AGENDA (continued): 8.n. Consideration of Resolution Approving a Side Letter of Agreement with Service Employees International Union (SEIU) Local 620 for Uniform Allowance for Certain Fire Fighting Personnel (ADAMS) Recommended Action: Adopt Resolution approving a Side Letter of Agreement amending the existing Memorandum of Understanding (MOU) with SEIU LOCAL 620 to provide uniform allowance to certain Fire Fighting Personnel. 8.0. Council Appointment to San Luis Obispo Council of Governmentsl Regional Transit Authority (SLOCOG/SLORTA) (ADAMS) Recommended Action: Appoint Mayor Pro Tem Tony Ferrara as the City's primary representative and Jim Dickens as the alternate representative. 8.p. Authorization to Contract for Televising of General Plan Update Public Hearings (ADAMS) Recommended Action: Authorize the City Manager to contract with AGP Video for televising of the General Plan Update Public Hearings on August 16, 2001 and August 23, 2001. 9. PUBLIC HEARINGS: None. 10. CONTINUED BUSINESS: None. 11. NEW BUSINESS: 11.a. Approval of East Branch Streetscape Enhancement Project Funding Application (ADAMS) Recommended Action: Authorize staff to prepare a SLOCOG funding application for the East Branch Streetscape Enhancement Project; and adopt a resolution declaring the City Council's interest in obtaining 2002 Transportation Enhancement Program funds for the project. 11.b. Consideration of Selection of 2002 State Transportation Improvement Program (STIP) Funding Projects (SPAGNOLO) Recommended Action: 1) Provide direction to staff on selection and prioritization of proposed 2002 State Transportation Improvement Program (STIP) projects; 2) Adopt Resolution indicating the Council's interest in securing 2002 STIP funding for the proposed projects; 3) Authorize staff to prepare SLOCOG funding applications for the candidate projects selected by the Council; and, 4) Direct staff to forward the funding applications and Resolution to SLOCOG for funding consideration. AGENDA SUMMARY - AUGUST 14, 2001 PAGE 5 11. NEW BUSINESS (continued): 11.c. Review Pre-application Case No. 01-002, Proposed Senior Housing Facility, Located at 579 Camino Mercado; Central Coast Real Estate Development, Inc. (McCANTS) Recommended Action: Review the proposed project and provide direction and comments to the applicant. 11.d. Authorization to Distribute Draft Ordinance and Resolution Amending the Sewer Connection Fees (SPAGNOLO) Recommended Action: 1) Authorize the distribution of a Draft Ordinance amending the Sewer Connection Fees; and 2) Direct staff to return in approximately 45 days with a summary of public comments and to introduce the proposed Ordinance for first reading. 11.e. Consideration of Resolution Approving Agreement Regarding Management of the Arroyo Grande Groundwater Basin (SPAGNOLO/CARMEL) Recommended Action: Adopt Resolution approving Agreement. 12. CITY COUNCIL MEMBER ITEMS: The following item(s) are placed on the agenda by a Council Member who would like to receive feedback, direct staff to prepare information, and/or request a formal agenda report be prepared and the item placed on a future agenda. No formal action can be taken. (a). None. 13. CITY MANAGER ITEMS: The following item(s) are placed on the agenda by the City Manager in order to receive feedback and/or request direction from the Council. No formal action can be taken. (a). None. 14. COUNCIL COMMUNICATIONS: Correspondence/Comments as presented by the City Council. 15. STAFF COMMUNICATIONS: Correspondence/Comments as presented by the City Manager. AGENDA SUMMARY - AUGUST 14, 2001 PAGE 6 16. ADJOURNMENT: To the Special City Council Meeting of August 16, 2001 at 6:30 p.m., Council Chambers, 215 E. Branch Street, Arroyo Grande, CA. * * * * * * * 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.arroyoQrande.orQ CITY OF ARROYO GRANDE - ABBREVIATIONS revised 08104100 A Agricultural Preserve AB Assembly Bill LAFCO Local Agency Formation Commission ADA Americans with Disabilities Act LOCC League of California Cities AG General Agriculture LLA Lot Line Adjustment AGMC Arroyo Grande Municipal Code LUE Land Use Element AGPOA Arroyo Grande Police Officers' Association MER Lot Merger APN Assessor's Parcel Number MF Condominium/Townhouse APCB Air Pollution Control Board MFA Apartments APCD Air Pollution Control District MHP Mobile Home Parks ARC Architectural Review Committee 0 Office Professional ASCE American Society Civil Engineers OCSD Oceano Community Services District ASD Administrative Services Department OSCE Open Space and Conservation Element AWWA American Water Works Association PC Planning Commission BD Building Division PD Police Department CA City Attorney PF Public/Quasi Public CC City Council PPR Plot Plan Review CCC Califomia Conservation Corps PRD Parks & Recreation Department CCCSIF Central Coast Cities Self-Insurance Fund PRE-APP Pre-application CD Community Development PSHHC Peoples' Self-Help Housing Corp. CDBG Community Development Block Grant PSP Planned Sign Program CE Circulation Element PUD PlaMed Unit Development CEC Califomia Energy Commission PN Public Works Department CEOA California Environmental Quality Act RDA Redevelopment Agency CIP Capital Improvement Program RE Residential Estate CIWMP California Integrated Waste Management Plan RFP Request for Proposals CM City Manager's Office RFQ Request for Qualifications CMC California Men's Colony RH Hillside Residential CMP Congestion Management Plan RHNP Regional Housing Needs Plan COC Certificate of Compliance RR Rural Residential CPI Consumer Price Index RS Suburban Residential CUP Conditional Use Permit RTA Reversion to Acreage DARE Drug Abuse Resistance Education RWacB Regional Water Quality Control Board DC Development Code . SAC Staff Advisory Committee DEA Drug Enforcement Administration SB Senate Bill E.C. Election Code SCAT South County Area Transit EDD Economic Development Department SEIU Service Employees International Union EDU Equivalent Dwelling Unit SF Single Family EIR Environmental Impact Report SLO San Luis Obispo EIS Environmemallmpact Statement SLOCOG San Luis Obispo Council of Governments EOC Economic Opportunity Commission SLOHA San Luis Obispo Housing Authority EVC Economic Vitality Corporation SLONTF San Luis Obispo Narcotics Task Force FAU Federal Aid Urban SLORTA San Luis Obispo Regional Transit Authority FD Fire Division SLOWRAC San Luis Obispo County Water Resources Advisory FDAA Federal Disaster Assistance Administration Committee FEMA Federal Emergency Management Agency SR Senior Housing FID Financial Services Department SSLOCOWA South San Luis Obispo County Water Association FPPC Fair Political Practices Commission SSLOCSD South San Luis Obispo County Sanitation District FTA Federal Transit Administration SRRE Source Reduction & Recycling Bement FY Fiscal Year SWRCD State Water Resources Control Board G.C. Government Code TPM Tentative Parcel Map GC General Commercial TT Tentative Tract Map GF General Fund TTAC Transportation Technical Advisory Committee GP General Plan TUP Temporary Use Permit GPA General Plan Amendment UBC Unifonn Building Code HCD California Department of Housing and Community UFC Uniform Fire Code Development USA Underground Service Alert HOP Home Occupancy Permit VAR Variance HUD Housing and Urban Development Dept. VC VHlage Commercial I Industrial and Business Park VCB SLO County VISitors & Conference Bureau ISTEA Intermodal Surface Transportation VSR View Shed Review JPA Joint Powers Authority ZONE 3 San Luis Obispo County Flood Control and Water Conservation District - Zone 3 (Lopez Project) B.a. MEMORANDUM TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICE~ BY: JANET M. HUWALDT, ACCOUNTING SUPERVISOR9~ SUBJECT: CASH DISBURSEMENT RA TIFICA TION DATE: AUGUST 14, 2001 RECOMMENDATION: It is recommended the City Council ratify the attached listing of cash disbursements for the period July 15 - July 31, 2001. FUNDING: There is a $369,596.96 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. A TT ACHMENTS: ATTACHMENT 1 - Cash Disbursement Listing ATTACHMENT 2 - July 19, 2001 Accounts Payable Check Register (00/01) ATTACHMENT 3 - July 20,2001 Accounts Payable Check Register (01-02) ATTACHMENT 4 - July 27,2001 Accounts Payable Check Register (01-02) ATTACHMENT 5 - July 27,2001 Accounts Payable Check Register (00-01) ATTACHMENT 6 - July 27,2001 Payroll Checks and Benefit Checks ---_.~-_.._---_.,- ATTACHMENT 1 CITY OF ARROYO GRANDE CASH DISBURSEMENTS For the Period of July 16 Through July 31, 2001 "-,- August 14,2001 Presented are the cash disbursements issued by the Department of Financial Services for the period July 16 to July 31, 2001. Shown are cash disbursements by week of occurrence and type of payment. WEEK TYPE OF PAYMENT SCHEDULE AMOUNT July 20, 2001 Accounts Payable Cks 101684-101718 (00/01) 2 26,689.18 Accounts Payable Cks 101719-101790 (01/02) 3 240,921.23 Less Payroll Cks included in previous Attachment 9 (205,722.42) 61,887.99 July 27, 2001 Accounts Payable Cks 101791-101851 (01/02) 4 19,506.31 Accounts Payable Cks 101852-101870 (00/01) 5 19,198.88 Payroll Checks and Benefit Checks 6 269,003.78 307,708.97 Two Week Total $ 369.596.96 CITY OF ARROYO GRANDE INDEX FOR BUDGET DEPARTMENTS EDEN COMPUTER SYSTEM GENERAL FUND (010) SPECIAL REVENUE FUNDS City Government (Fund 010) Park Development Fee Fund (Fund 213) 4001 - City Council 4550 - Park Development Fee 4002 - Administrative Services Traffic Signal Fund (Fund 222) 4003 - City Attorney 4501 - Traffic Fund 4101 - City Manager Transportation Fund (Fund 225) 4102 - Printing/Duplicating 4553 - Public Transit System 4120 - Financial Services Construction Tax Fund (Fund 230) 4121 - Taxes/ Insurance/ Bonds 4556 - Construction Tax 4130 - Community Development Police Grant Funds 4131 - Community Building (CDBG) 4201 - Law Enforcement Equip. (Fd 272) 4140 - Management Information System 4202 - State AB3229 Cops Grant (Fd 271) 4145 - Non Departmental 4203 - Federal Universal Hiring (Fd 274) Public Safety (Fund 010) 4208 - Federal Local Law Enforcmt (FD 279) 4201 - Police Redevelopment Agency ( Fund 284) 4211 - Fire 4103 - Redevelopment Administration 4212 - Building & Safety ENTERPRISE FUNDS Public Works (Fund 010) Sewer Fund (Fund 612) 4301 - Public Works-Admin & Engineering 4610 - Sewer Maintenance 4303 - Street/Bridge Maintenance Water Fund (Fund 640) 4304 - Street Lighting 4710 - Water Administration 4305 - Automotive Shop 4711 - Water Production Parks & Recreation (Fund 010) 4712 - Water Distribution 4420 - Parks Lopez Administration (Fund 641) 4421 - Recreation 4750 - Lopez Administration 4422 - General Recreation CAPITAL IMPROVEMENT PROGRAMS (Fund 350) 4423 - Pre-School Program 5501-5599 - Park Projects 4424 - Recreation-Special Programs 5601-5699 - Streets Projects 4425 - Children in Motion 5701-5799 - Drainage Projects 4426 - Five Cities Youth Basketball 5801-5899 - Water/Sewer/Street Projects 4430 - Soto Sport Complex 5901-5999 - Water Projects 4213 - Government Buildings 4460 - Parkway Maintenance Dept. Index for Council.xls ATTACHMENT 2 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 1 07/16/01 16:32 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 101684 07/19/01 102354 ASS DELIVERY SYSTEMS,IN EVIDENCE DELIVERY CHARGES-JUNE 010.4201.5324 17.25 17.25 101685 07/19/01 100897 AMERICAN TEMPS RHINEHART SVCS-6/29 220.4303.5303 703.20 703.20 101686 07/19/01 006006 ARROYO GRANDE FLOWER SH FLORAL ARRANGEMENT 010.4001. 5504 210.78 210.78 101687 07/19/01 010998 BETTER BEEP PAGER SVCS-PARKS 010.4425.5255 329.76 329.76 101688 07/19/01 013026 BRISCO MILL & LUMBER PHONE CORD 010.4201. 5606 4.27 4.27 101689 07/19/01 017202 CA. ST . BOARD OF EQUALI ZA DIESEL FUEL TAX 4Q-00/01 010.0000.1202 230.76 230.76 101690 07/19/01 027144 L.N CURTIS & SONS KNEE BOOTS/GOGGLES/PANTS 010.4211.5272 2,878.81 2,878.81 101691 07/19/01 029484 DIESELRO INC. REPR.TRAILER 220.4303.5603 246.31 101691 07/19/01 029484 DIESELRO INC. REPR.TRUCK BED-PW50 640.4712.5603 25.74 101691 07/19/01 029484 DIESELRO INC. REPR.TRUCK BED-PW50 612.4610.5603 25.74 101691 07/19/01 029484 DIESELRO INC. REPR.TRUCK BED-PW50 220.4303.5603 25.75 323.54 101692 07/19/01 102482 FRENCH HOSPITAL MED.CTR HEP B TEST 010.4201.5303 33.00 33.00 101693 07/19/01 102225 GTS MOTOROLA RADIO W/SCAN 010.4211.5325 1,065.00 1,065.00 101694 07/19/01 101088 HANSON AGGREGATES SLURRY 640.4712.5610 292.11 292.11 101695 07/19/01 041184 HEACOCK WELDING NORTH TRAILER TAIL GATE 010.4420.5601 397.50 397.50 101696 07/19/01 100547 HI-TECH EMERGENCY KIT REPR.DRAIN VALVE 010.4211.5601 252.42 252.42 101697 07/19/01 042862 HONEYWELL,INC. REPL.CONDENSER COIL 010.4213.5303 403.77 403.77 101698 07/19/01 044496 INFORMATION SERVICES MIS SUPPORT SVCS 010.4140.5303 2,583.00 2,583.00 101699 07/19/01 101384 JB DESIGN 981 SPOTLIGHT HANDLE 010.4201. 5601 93.88 93.88 101700 07/19/01 048516 KEYLOCK SECURITY SPECIA MASTER PADLOCKS/DUP KEYS 010.4420.5605 15.09 15.09 101701 07/19/01 101252 MCI WORLDCOM L/DIST.PHONE SVCS-JUNE 010.4145.5403 252.52 252.52 101702 07/19/01 102086 MEDSTOP URGENT CARE DMV PHYSICAL-RITTERBUSH 010.4211.5315 55.00 101702 07/19/01 102086 MEDSTOP URGENT CARE PRE-EMPLOY.PHYSICAL-S RHYNE 010.4211.5315 142.00 101702 07/19/01 102086 MEDSTOP URGENT CARE PRE-EMPLOY. PHYSICAL-GROSSMAN 010.4211.5315 60.00 101702 07/19/01 102086 MEDSTOP URGENT CARE PRE-EMPLOY. PHYSICAL-GUERRERO 010.4425.5315 253.00 101702 07/19/01 102086 MEDSTOP URGENT CARE PRE-EMPLOY. PHYSICAL-KRUSE 010.4211. 5315 60.00 101702 07/19/01 102086 MEDSTOP URGENT CARE DMV PHYSCIAL-MADRID 010,4301. 5315 80.00 101702 07/19/01 102086 MEDSTOP URGENT CARE PRE-EMPLOY.PHYSCIAL-MARTINS 010.4301. 5315 473.00 101702 07/19/01 102086 MEDSTOP URGENT CARE DMV PHYSICAL-SOARES 010.4421. 5315 80.00 101702 07/19/01 102086 MEDSTOP URGENT CARE DMV PHYSICAL-KAUFMAN 010.4211.5315 65.00 101702 07/19/01 102086 MEDSTOP URGENT CARE PRE-EMPLOY. PHYSICAL-SIMMONS 010.4425.5315 170.00 101702 07/19/01 102086 MEDSTOP URGENT CARE DMV PHYSICAL-JUAREZ 010.4301.5315 80.00 1.01702 07/19/01 102086 MEDSTOP URGENT CARE PRE-EMPLOY. PHYSICAL-STUMPH 010.4211.5315 280.00 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 2 07/16/01 16:32 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 101702 07/19/01 102086 MEDSTOP URGENT CARE PRE-EMPLOY. PHYSICAL-JOHNSON 010.4421. 5315 228.00 101702 07/19/01 102086 MEDSTOP URGENT CARE PRE-EMPLOY. HEP. B-SIMMONS 010.4425.5315 60.00 101702 07/19/01 102086 MEDSTOP URGENT CARE DMV PHYSICAL-SCHMIDT 010.4301.5315 80.00 2,166.00 101703 07/19/01 056394 MIDAS MUFFLER & BRAKE LUBE/OIL/FILTER/ALIGN/WIPERS 010.4201. 5601 465.28 101703 07/19/01 056394 MIDAS MUFFLER & BRAKE R/R PASS.WINDOW/ADJ RIGHT DOOR 010.4213.5601 92.36 101703 07/19/01 056394 MIDAS MUFFLER & BRAKE BATTERY SAVER/WINDOW SWITCH 010.4201. 5601 66.32 623.96 101704 07/19/01 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4213.5303 120.31 101704 07/19/01 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4213.5303 21. 33 101704 07/19/01 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4301. 5148 16.72 101704 07/19/01 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4420.5143 73.52 101704 07/19/01 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4213.5303 28.10 101704 07/19/01 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4213.5303 1. 00 101704 07/19/01 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4213.5303 44.92 305.90 101705 07/19/01 058578 MULLAHEY FORD REPL.SHIFTER HANDLE ASSY 010.4201. 5601 142.02 142.02 101706 07/19/01 101665 ONEMAIN. COM INTERNET SVCS-JUNE/JULY 010.4140.5607 46.90 46.90 101707 07/19/01 102237 PRIMARY CARE DOG & CAT FANNI ADVANTAGE/MEDICATION 010.4201. 5322 67.25 67.25 101708 07/19/01 076830 SANTA MARIA TIRE INC. TIRES/BALANCE/VALVE STEMS 010.4212.5601 265.96 265.96 101709 07/19/01 078156 SEBASTIAN OIL DISTRIB. GASOLINE/DIESEL 010.4211. 5608 218.86 101709 07/19/01 078156 SEBASTIAN OIL DISTRIB. GASOLINE 010.4201. 5608 1,489.30 1,708.16 101710 07/19/01 102200 SOFTCHOICE COPR. MS OFFICE SOFTWARE LICENSES 010.4140.5602 2,700.00 101710 07/19/01 102200 SOFTCHOICE COPR. MS OFFICE SOFTWARE LICENSES 010.4140.6101 667.66 101710 07/19/01 102200 SOFTCHOICE COPR. MS OFFICE LICENSES 010.4140.6101 42.32 3,409.98 101711 07/19/01 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 9.86 101711 07/19/01 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 11.30 101711 07/19/01 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 10.42 101711 07/19/01 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 27.28 101711 07/19/01 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 68.91 127.77 101712 07/19/01 102483 TRAINING INNOVATIONS,IN TMS/DATA CONVERSION/SUPPORT 272 .4201. 6101 5,565.00 5,565.00 101713 07/19/01 086346 TROESH READY MIX CONCRETE 220.4303.5307 178 .24 101713 07/19/01 086346 TROESH READY MIX CONCRETE 350.5632.7001 314 . 91 493.15 101714 07/19/01 101945 UNITED RENTALS,INC.HWY GLASS BEADS 220.4303.5613 467.63 467.63 101715 07/19/01 092976 WITMER-TYSON IMPORTS K-9 MAINT/TRAINING-JUNE 010.4201. 5322 135.00 135.00 101716 07/19/01 102460 WOODCREST UNIFORMS BDU'S/TACTlCAL EQUIPMENT-SRT 010.4201. 5272 711. 39 711. 39 101717 07/19/01 093210 WORKRITE NOMEX PANTS/SHIRTS 010.4211.5272 231.45 231. 45 101.71.8 07/1.9/01 102162 WULFING'S BACKGROUND & POLYGRAPH 459 PC SUSPECT 010.4201. 5303 135.00 135.00 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 3 07/16/01 16:32 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 010 GENERAL FUND 18,844.55 220 STREETS FUND 1,621.13 272 CA LAW ENFORCMT TCHNLGY EQUIP. 5,565.00 350 CAPITAL IMPROVEMENT FUND 314.91 612 SEWER FUND 25.74 640 WATER FUND 317.85 TOTAL 26,689.18 ATTACHMENT 3 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 1 07/17/01 16:48 VOUCHER/CHECK REGISTER FOR PERIOD 14 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 403 07/12/01 074178 SLO CNTY CLERK-RECORDER FILING FEE-CREEK DEDICATION 010.4002.5201 25.00 25.00 404 07/12/01 005616 CITY OF ARROYO GRANDE G.A.REIMB.7-05-01 P/R 011.0000.1015 205,722.42 205,722.42 405 07/16/01 054482 MAINTENANCE SUPERINTEND 7 PEOPLE-MSA MONTHLY MEETING 220.4303.5501 105.00 105.00 101719 07/20/01 001000 ADVANCED PAGING CHILDCARE COORD. PAGER 010.4421. 5602 246.21 101719 07/20/01 001000 ADVANCED PAGING BLDG. COORD. PAGER 010.4421.5602 246.21 101719 07/20/01 001000 ADVANCED PAGING PKS.SUPER PAGER 010.4421. 5602 246.21 101719 07/20/01 001000 ADVANCED PAGING REC.SUPER PAGER 010.4421. 5602 246.21 101719 07/20/01 001000 ADVANCED PAGING REC.SUPER PAGER 010.4421. 5602 246.21 101719 07/20/01 001000 ADVANCED PAGING P & R DIRECT. PAGER 010.4421. 5602 272.12 101719 07/20/01 001000 ADVANCED PAGING PARKS LEAD PERSON PAGER 010.4421. 5602 130.70 101719 07/20/01 001000 ADVANCED PAGING GOV'T BLDG. PAGER 010.4213.5303 130.70 101719 07/20/01 001000 ADVANCED PAGING GOV'T BLDG. PAGER 010.4213.5303 130.70 1,895.27 101720 07/20/01 101958 AMERICAN BENEFIT SERVIC LASERFICHE SUPPORT/LICENSING 010.4140.5303 2,403.00 2,403.00 101721 07/20/01 003042 AMERICAN EQUIPMENT SVCS DUMP BIN 010.4213.5303 1,250.00 1,250.00 101722 07/20/01 003120 AMERICAN INDUSTRIAL SUP LATEX GLOVES 640.4712.5255 13.70 13.70 101723 07/20/01 101863 ARCH WIRELESS PAGER CONTRACT 010.4421. 5602 145.56 145.56 101724 07/20/01 006084 ARROYO GRANDE GLASS REPL.WINDOW GLASS 220.4303.5255 83.67 83.67 101725 07/20/01 102475 MYRIAM BARRERA REF. PARK DEPOSIT-BARRERA 010.0000.4354 25.00 25.00 101726 07/20/01 009750 BRENDA BARROW REIMB.CIM SUPPLIES-BARROW 010.4425.5255 269.29 101726 07/20/01 009750 BRENDA BARROW REIMB.PLAYGROUND SUPPLIES 010.4422.5256 97 .44 101726 07/20/01 009750 BRENDA BARROW REIMB.PRESCHOOL SUPPLIES 010.4423.5254 37.50 404.23 101727 07/20/01 101810 BASIC CHEMICAL SOLUTION SODIUM HYPOCHLORITE 640.4712.5274 300.79 300.79 101728 07/20/01 102493 MELISSA BAUGHMAN REF. PARK DEPOSIT-BAUGHMAN 010.0000.4354 25.00 25.00 101729 07/20/01 102474 ANTONIA BENTLEY REF. PARK DEPOSIT-BENTLEY 010.0000.4354 25.00 25.00 101730 07/20/01 099170 BEREAN BIBLE CHURCH REF. PARK DEP-BEREAN 010.0000.4354 25.00 25.00 101731 07/20/01 012168 BOXX EXPRESS BOXES 640.4712.5255 29.89 101731 07/20/01 012168 BOXX EXPRESS UPS SHIPMENTS 010.4201. 5201 21.37 51. 26 101732 07/20/01 102481 FIDEL BRAVO REF.C/B.DEP-BRAVO 010.0000.2206 250.00 101732 07/20/01 102481 FIDEL BRAVO EXTRA C/B.BLDG.CLEANING-BRAVO 010.0000.4353 30.00- 220.00 101733 07/20/01 100622 CASTLE ROCK DEVELOPMENT REF.BLDG.PERM-791 LOS CIERVOS 010.0000.4181 56.00 101733 07/20/01 100622 CASTLE ROCK DEVELOPMENT REF.ELECT.PERM-791 LOS CIERVOS 010.0000.4183 1. 00 101733 07/20/01 100622 CASTLE ROCK DEVELOPMENT REF.MECHANICAL PERM-791 LOS CI 010.0000.4187 9.00 101733 07/20/01 100622 CASTLE ROCK DEVELOPMENT REF.PLUMBING PERM-791 LOS CIER 010.0000.4182 11.00 101733 07/20/01 100622 CASTLE ROCK DEVELOPMENT REF.SMIP-791 LOS CIERVOS 010.0000.2208 1. 00 78.00 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 2 07/17/01 16:48 VOUCHER/CHECK REGISTER FOR PERIOD 14 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 101734 07/20/01 101739 LUKE CAYWOOD B/BALL LGE.SCORER-CAYWOOD 010.4424.5352 97 50 97.50 101735 07/20/01 100529 CENTRAL COAST ROADRUNNE SOCCER CAMP-70% 010.4424.5351 1,316.18 101735 07/20/01 100529 CENTRAL COAST ROADRUNNE REIMB.T-SHIRTS 010.4424.5351 189.75 101735 07/20/01 100529 CENTRAL COAST ROADRUNNE LESS 30% FEE-A. PETTIT 010.4424.5351 19.50- 1,486.43 101736 07/20/01 021918 CENTRAL COAST SUPPLY BLDG.MAINT.SUPPLIES 010.4213.5604 666.40 101736 07/20/01 021918 CENTRAL COAST SUPPLY BLDG.MAINT.SUPPLIES 010.4213.5604 197.95 864.35 101737 07/20/01 101856 CHARTER COMMUNICATIONS CABLE PIPELINE/MODEM CHARGES 010.4140.5303 227.90 227.90 101738 07/20/01 102491 JULIE ANN CHRISS REF.COMM.GARDEN-CHRISS 010.0000.4605 15.00 15.00 101739 07/20/01 023946 CLINICAL LAB.OF SAN BER WATER SAMPLES 640.4710.5310 472.00 472.00 101740 07/20/01 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 12.00 101740 07/20/01 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 12.00 101740 07/20/01 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 12.00 101740 07/20/01 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 12.00 48.00 101741 07/20/01 102473 VIERLYN CONNESS REF.PARK DEPOSIT-CONNESS 010.0000.4354 25.00 25.00 101742 07/20/01 025428 CONSOLIDATED ELECTRICAL 2 LIGHTS/BALLAST 010.4213.5604 40.66 40.66 101743 07/20/01 026286 CREEK ENVIRONMENTAL LAB WATER SAMPLES 640.4710.5310 15.00 15.00 101744 07/20/01 076848 LENNY DE LOS SANTOS TENNIS CLASSES-DE LOS SANTOS 010.4424.5351 280.00 101744 07/20/01 076848 LENNY DE LOS SANTOS TENNIS CLASSES-DE LOS SANTOS 010.4424.5351 53.55 101744 07/20/01 076848 LENNY DE LOS SANTOS TENNIS CLASSES-DE LOS SANTOS 010.4424,5351 101.58 435.13 101745 07/20/01 101716 JIM DECECCO S/BALL LEAGUE UMP-DECECCO 010.4424.5352 96.00 96.00 101746 07/20/01 029484 DIESELRO INC. REPR.TAILGATE/WIRING SYSTEM 640.4712,5603 121. 48 101746 07/20/01 029484 DIESELRO INC. REPR.TAILGATE/WIRING SYSTEM 612.4610.5603 121. 48 101746 07/20/01 029484 DIESELRO INC. REPR.TAILGATE/WIRING SYSTEM 220.4303.5603 121. 4 9 364.45 101747 07/20/01 101241 ROBERT F. DRIVER CO,INC COMM.PROP 3ZH16235101 010.4145.5579 7,809.46 101747 07/20/01 101241 ROBERT F. DRIVER CO,INC BOILER/MACH FBP3917011 010.4145.5579 311.00 101747 07/20/01 101241 ROBERT F. DRIVER CO,INC BOILER/MACH M5JBMG445DOO 010.4145.5579 311.00 8,431.46 101748 07/20/01 030584 DEB I DYKZEUL S/BALL SCORER-DYKZEUL 010.4424.5352 90.00 90.00 101749 07/20/01 101379 FERGUSON ENTERPRISES,IN BALL VALVES/SADDLES/PIPE 640.4712.5610 528.59 101749 07/20/01 101379 FERGUSON ENTERPRISES,IN PIPE/FITTINGS 640.4712.5610 102.54 631.13 101750 07/20/01 100446 FIRST ASSEMBLY OF GOD REF. PARK DEPOSIT-FIRST ASSEMBL 010.0000.4354 26.00 26.00 101751 07/20/01 102476 LINDA OR DAN GIROUX REF,O/PMT-615 BENNETT AVE 640.0000.4751 59.18 59.18 101752 07/20/01 102492 DARLA GREEN REF. PARK DEP-GREEN 010.0000.4354 26.00 26.00 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 3 07/17/01 16:48 VOUCHER/CHECK REGISTER FOR PERIOD 14 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 101753 07/20/01 101088 HANSON AGGREGATES ASPHALT 220.4303.5613 97.91 101753 07/20/01 101088 HANSON AGGREGATES ASPHALT 220.4303.5613 199.57 297.48 101754 07/20/01 102494 DIANA HERSHEY REF.PARK DEP-HERSHEY 010.0000.4354 25.00 25.00 101755 07/20/01 100547 HI-TECH EMERGENCY POWER PACKER PUMP/LENSE/BELT 010.4211.5601 1,531.16 1,531.16 101756 07/20/01 102462 DESIREE HONAKER S/BALL LEAGUE SCORER-HONAKER 010.4424.5352 45.00 45.00 101757 07/20/01 046176 J J'S FOOD COMPANY KITCHEN SUPPLIES 010.4301. 5201 7.00 7.00 101758 07/20/01 100087 HOLLY JARRATT JAZZERCISE CLASSES 010.4424.5351 84.27 84.27 101759 07/20/01 102477 EHRHARDT LANG REF.O/PMT-649 GAYNFAIR TERR 640.0000.4751 103.04 103.04 101760 07/20/01 100985 DOUG LINTNER S/BALL LEAGUE OFFICIAL-LINTNER 010,4424.5352 144.00 144.00 101761 07/20/01 057096 MINER'S ACE HARDWARE MOTION SENSOR SWITCHES/BULBS 010.4213.5601 76.12 101761 07/20/01 057096 MINER'S ACE HARDWARE SEALING CLEAR TAPE 010.4420.5605 2.13 101761 07/20/01 057096 MINER'S ACE HARDWARE ELECTRICAL SUPPLIES/COUPLERS 010.4420.5605 16.70 101761 07/20/01 057096 MINER'S ACE HARDWARE MISC.HAND TOOLS 010,4211,5272 4.24 101761 07/20/01 057096 MINER'S ACE HARDWARE PAINT/PAINTING SUPPLIES 640.4712.5610 51. 54 101761 07/20/01 057096 MINER'S ACE HARDWARE AM BATTERY 640.4712.5255 4.06 101761 07/20/01 057096 MINER'S ACE HARDWARE LUMBER 640.4712.5604 44.83 101761 07/20/01 057096 MINER'S ACE HARDWARE BATTERIES 640.4712.5255 12.84 101761 07/20/01 057096 MINER'S ACE HARDWARE BULBS 010.4213.5604 10.68 101761 07/20/01 057096 MINER'S ACE HARDWARE PAINT/PAINTING SUPPLIES 640.4712.5610 110.17 101761 07/20/01 057096 MINER'S ACE HARDWARE KNEE PAD/BATTERY/HOOKS/EYES 220.4303.5613 43.82 101761 07/20/01 057096 MINER'S ACE HARDWARE BALLAST 010.4213.5604 16.04 101761 07/20/01 057096 MINER'S ACE HARDWARE QUI CK CRETE 220.4303.5613 21. 29 101761 07/20/01 057096 MINER'S ACE HARDWARE DUST MASK/LIQ.WRNCH/SQUARE COM 220.4303.5613 79.19 493.65 101762 07/20/01 057174 MISSION OFFICE PLUS OFFICE SUPPLIES 010.4423.5253 2.31 101762 07/20/01 057174 MISSION OFFICE PLUS OFFICE SUPPLIES 010.4130.5201 122.17 101762 07/20/01 057174 MISSION OFFICE PLUS OFFICE SUPPLIES 010.4211.5201 11.92 136.40 101763 07/20/01 102496 RACHEL MOLES REF.PARK DEP-MOLES 010.0000.4354 25.00 25.00 101764 07/20/01 102480 MSA 2001 MSA 2001 CONF REGIS-MADRID 220.4303.5501 365.00 365.00 101765 07/20/01 058890 RICHARD MUNOZ S/BALL LEAGUE UMPIRE-MUNOZ 010.4424.5352 144.00 144.00 101766 07/20/01 062712 ORCHARD SUPPLY HARDWARE BYPASS PRUNER/HOLSTER 010.4420.5273 35.29 35.29 101767 07/20/01 102479 PANDORA & COMPANY MARKETING BROCHURES 284.4103.5505 1,916.00 1,916.00 101768 07/20/01 102488 STEVE PARKER S/BALL LEAGUE UMPIRE-PARKER 010.4424.5352 160.00 160.00 101769 07/20/01 100548 VERONICA PEREZ S/BALL LGE.SCORER-PEREZ 010.4424.5352 45.00 45.00 101770 07/20/01 065714 PERVO PAINT CO. PAINT/PAINTING SUPPLIES 220.4303.5613 700.85 700.85 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 4 07/17/01 16:48 VOUCHER/CHECK REGISTER FOR PERIOD 14 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 101771 07/20/01 102495 RES-CARE NORMAL LIFE REF. PARK DEP-RES-CARE 010.0000.4354 26.00 26.00 101772 07/20/01 102487 GABRIEL ROMERO REF.C/B.DEP-ROMERO 010.0000.2206 250.00 250.00 101773 07/20/01 071682 GREG ROSE S/BALL LEAGUE OFFICIAL-ROSE 010.4424.5352 48.00 48.00 101774 07/20/01 072638 S & L SAFETY PRODUCTS TY-VEX COVERALLS 220.4303.5255 232.99 232.99 101775 07/20/01 077024 ANN SARMIENTO S/BALL SCORER-SARMIENTO 010.4424.5352 105.00 105.00 101776 07/20/01 074490 SLO CNTY DEPT. HEALTH CROSS CONNECTION 5/1-6/30 640.4710.5303 1,524.24 1,524.24 101777 07/20/01 101976 SPARKLE JANITORIAL & MA CARPETS CLEANED-CITY HALL 010.4213.5303 260.00 260.00 101778 07/20/01 081432 BOB SPEAR S/BALL LEAGUE UMPIRE-SPEAR 010.4424.5352 32.00 32.00 101779 07/20/01 102484 ANDREAS STRAUB REF.WTR.DEP-1245 NEWPORT AVE 640.0000.2302 180.00 101779 07/20/01 102484 ANDREAS STRAUB CLOSING BILL-1245 NEWPORT AVE 640.0000.4751 63.23- 116.77 101780 07/20/01 102318 DENNIS THURMAN S/BALL LEAGUE OFFICIAL-THURMAN 010.4424.5352 144.00 144.00 101781 07/20/01 085664 TOM TOTH S/BALL LEAGUE UMPIRE-TOTH 010.4424.5352 112 . 00 112.00 101782 07/20/01 086034 TRI-CITY DISPOSAL SERVI DISPOSAL SERVICES 010.4213.5303 145.96 101782 07/20/01 086034 TRI-CITY DISPOSAL SERVI DISPOSAL SERVICES 010.4213.5303 380.21 526.17 101783 07/20/01 086346 TROESH READY MIX CONCRETE 350.5632.7001 470.08 101783 07/20/01 086346 TROESH READY MIX SLURRY 640.4712.5610 254.66 101783 07/20/01 086346 TROESH READY MIX SLURRY 640.4712.5610 636.65 101783 07/20/01 086346 TROESH READY MIX SLURRY 640.4712.5610 582.08 101783 07/20/01 086346 TROESH READY MIX CONCRETE 350.5632.7001 260.75 101783 07/20/01 086346 TROESH READY MIX SLURRY 640.4712.5610 327.42 2,531.64 101784 07/20/01 088084 UNITED GREEN MARK,INC. HUNTER SPRINKLERS 010.4430.5605 131. 53 101784 07/20/01 088084 UNITED GREEN MARK, INC. FLEX CONNECTORS 010.4420.5605 2.47 101784 07/20/01 088084 UNITED GREEN MARK,INC. LID/BUCKNER PARTS 010.4420.5605 80.38 101784 07/20/01 088084 UNITED GREEN MARK, INC. V-BOX/LID 010.4420.5605 17.78 232.16 101785 07/20/01 102486 WATERBOYS PLUMBING REPL.WATER HEATER-ELM ST CTR 010.4213.5604 435.92 435.92 101786 07/20/01 090480 WAYNE'S TIRE TIRES 010,4420.5601 314.46 101786 07/20/01 090480 WAYNE'S TIRE TIRES/LUBE/OIL/FILTERS 010.4213.5601 49.90 364.36 101787 07/20/01 102489 BETH WILCOX REF.C/B.DEPOSIT-WILCOX 010.0000,2206 250.00 101787 07/20/01 102489 BETH WILCOX SET UP SUPERVISION-WILCOX 010.0000.4355 27.00- 101787 07/20/01 102489 BETH WILCOX SUPERVISION-WILCOX 010.0000.4355 54.00- 169.00 101788 07/20/01 092586 LEE WILSON ELECTRIC COM MONTHLY SIGNAL MAINT 010.4304.5303 1,212.75 1,212.75 101789 07/20/01 102490 JANEE WITT CHEER & POM CLASS-WITT 010.4424.5351 65.00 65.00 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 5 07/17/01 16:48 VOUCHER/CHECK REGISTER FOR PERIOD 14 FUND TITLE AMOUNT 010 GENERAL FUND 24,920.25 011 PAYROLL CLEARING FUND 205,722.42 220 STREETS FUND 2,098.78 284 REDEVELOPMENT AGENCY FUND 1,916.00 350 CAPITAL IMPROVEMENT FUND 730.83 612 SEWER FUND 121. 48 640 WATER FUND 5,411.47 TOTAL 240,921. 23 ATTACHMENT 4 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 1 07/24/01 15:38 VOUCHER/CHECK REGISTER FOR PERIOD 14 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 406 07/19/01 064450 CITY OF PASO ROBLES CHANNEL COUNTIES QTLY MEETING 010.4001. 5501 25.00 25.00 101791 07/27/01 000468 A T & T-L/DIST SVC. L/DIST.PHONE-FAX 010.4211. 5403 24.25 24.25 101792 07/27/01 102504 STEVEN ADAMS REIMB-MEETING SUPPLIES 010.4101. 5501 10.00 101792 07/27/01 102504 STEVEN ADAMS REIMB-MILEAGE 010.4101. 5501 189.75 199.75 101793 07/27/01 100882 ADVANCE MARKING SYSTEMS PASSPORT/NAME TAGS 010.4211.5324 53.21 53.21 101794 07/27/01 100824 AM.SOCIETY OF CIVIL ASCE DUES-OLDS 010.4301. 5503 115.00 115.00 101795 07/27/01 100897 AMERICAN TEMPS STEELE SVCS-7/7 010.4130.5303 475.65 101795 07/27/01 100897 AMERICAN TEMPS STEELE OVERTIME-7/6 010.4130,5303 86.83 562.48 101796 07/27/01 004914 APEX SHARPENING WORKS CHAINSAW PARTS 010.4211. 5603 6.31 6.31 101797 07/27/01 101044 CITY OF ARROYO GRANDE REIMB.PRE-EMPLOY FINGERPRINTS 010.4301. 5201 10.00 101797 07/27/01 101044 CITY OF ARROYO GRANDE CARPET TAPE 010.4301,5201 3.20 101797 07/27/01 101044 CITY OF ARROYO GRANDE KITCHEN SUPPLIES 010.4101. 5201 29.29 101797 07/27/01 101044 CITY OF ARROYO GRANDE CAMERA BATTERY 010.4301. 5255 8.55 101797 07/27/01 101044 CITY OF ARROYO GRANDE KITCHEN SUPPLIES 010.4301. 5201 11.98 101797 07/27/01 101044 CITY OF ARROYO GRANDE REIMB.CSMFO MEETING SUPPLIES 010.4120.5501 12.13 101797 07/27/01 101044 CITY OF ARROYO GRANDE LOCC POLICY PER DIEM-FERRARA 010.4001.5501 22.00 101797 07/27/01 101044 CITY OF ARROYO GRANDE OFFICE SUPPLIES 010.4101. 5201 16.33 101797 07/27/01 101044 CITY OF ARROYO GRANDE MEETING SUPPLIES 010.4301. 5503 30.00 101797 07/27/01 101044 CITY OF ARROYO GRANDE BATTERY 010.4101. 5201 4.80 148.28 101798 07/27/01 102050 AVAYA, INC. PHONE SVC.AGREEMENT 010,4145.5403 28.16 28.16 101799 07/27/01 101253 BIO-DETEK DEFIB ADULT SOLID GEL ELECTROD 010.4211.5206 138.35 138.35 101800 07/27/01 012168 BOXX EXPRESS SHIPPING CHARGES 010.4211.5201 6.50 6.50 101801 07/27/01 021940 C.COAST TAXI CAB SERVIC TAXI SVCS-JULY 1-14 225.4553.5507 835.75 835.75 101802 07/27/01 102497 CA.ASSN.POLICE TRNG.OFF CAPTO DUES-FERDOLAGE 010.4201. 5503 40.00 40.00 101803 07/27/01 100307 CA. CRIME PREVENT. OFFICE CCPOA DUES-STEARNS 010.4201. 5503 30.00 30.00 101804 07/27/01 102508 JACIE CABALLERO REF. PARK DEPOSIT-CABALLERO 010.0000.4354 25.00 25.00 101805 07/27/01 019812 ARON CANBY WELDING PLATES/TUBE STEEL 640.4712.5610 36.17 36.17 101806 07/27/01 021918 CENTRAL COAST SUPPLY RESTROOM SUPPLIES 010.4420.5605 1,190.70 101806 07/27/01 021918 CENTRAL COAST SUPPLY MARSHALL VACUUM 010.4213.5273 481.50 101806 07/27/01 021918 CENTRAL COAST SUPPLY VAC BAGS 010.4213.5604 32.10 1,704.30 101807 07/27/01 024102 COAST GRAPHIC SUPPLY DEVELOPER/GLUE 010.4102.5255 104.61 104.61 101808 07/27/01 100544 ECONOMIC VITALITY CORP EVC CONTRACT 284.4103.5303 2,500.00 2,500.00 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 2 07/24/01 15:38 VOUCHER/CHECK REGISTER FOR PERIOD 14 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 101809 07/27/01 102500 EMED COMPANY,INC FLASHLIGHT CENTER 220.4303.5613 20d.55 200,55 101810 07/27/01 101379 FERGUSON ENTERPRISES,IN FLEX COUPLING/BOLT 640.4712.5610 111.26 111. 26 101811 07/27/01 100691 FIVE CITIES-TIMES LEGAL #107189 010.4130.5301 46.50 46.50 101812 07/27/01 038376 GRAND AUTO PARTS BATTERY 010.4430.5601 59.29 59.29 101813 07/27/01 101881 GREATAMERICAN LEASING C PANASONIC COPIER LEASE 010.4130.5303 319.07 319.07 101814 07/27/01 101088 HANSON AGGREGATES ASPHALT 220.4303.5613 200.24 200.24 101815 07/27/01 100117 IMAGING PRODUCTS INT'L FILM 010.4201.5255 231.12 231.12 101816 07/27/01 046176 J J'S FOOD COMPANY CMC CREW SUPPLIES 220.4303.5613 58.81 101816 07/27/01 046176 J J'S FOOD COMPANY KITCHEN SUPPLIES 010.4211.5255 5.38 64.19 101817 07/27/01 101604 BARBIE JONES REIMB.SNACK SUPPLIES-JONES 010.4425.5259 116.10 101817 07/27/01 101604 BARBIE JONES REIMB.SUPPLIES-JONES 010.4425.5255 30.97 101817 07/27/01 101604 BARBIE JONES REIMB.SNACK SUPPLIES 010.4425.5259 106.11 101817 07/27/01 101604 BARBIE JONES REIMB.TRAVEL-JONES 010.4425.5303 25.76 101817 07/27/01 101604 BARBIE JONES REIMB.SNACK SUPPLIES 010.4425.5259 15.14 101817 07/27/01 101604 BARBIE JONES REIMB.SUPPLIES 010.4425.5255 88.43 382.51 101818 07/27/01 102498 RAUL JUAREZ REIMB,CLASS A LIC-JUAREZ 010.4305.5501 64.00 64.00 101819 07/27/01 101173 LONGS DRUG STORE PHOTO PROCESSING 010.4201. 5255 51. 88 51. 88 101820 07/27/01 053118 LUCIA MAR UN.SCH.DIST. TRANS-PISMO BOWL FIELD TRIP 010.4425.5303 210.00 210.00 101821 07/27/01 102414 MDE, INC. FIELD TRAINING S/WARE MANT. 010.4201.5607 112 . 00 112.00 101822 07/27/01 056580 MID STATE BANK ACH DISTRIB-7/06/01 010.4145.5555 21. 20 21. 20 101823 07/27/01 056394 MIDAS MUFFLER & BRAKE SAFETY INSPECT/MOTOR MOUNTS 010.4305.5601 530.99 101823 07/27/01 056394 MIDAS MUFFLER & BRAKE AIR FILTER/LUBE/OIL 010.4420.5601 65.14 596.13 101824 07/27/01 102507 ROGER MILLER REF. PARK DEPOSIT-MILLER 010.0000.4354 83.00 83.00 101825 07/27/01 057096 MINER'S ACE HARDWARE TRASH BAGS 640.4712.5604 8.07 101825 07/27/01 057096 MINER'S ACE HARDWARE SPRAYPAINT/FAN LIGHT 010.4213.5604 10.03 101825 07/27/01 057096 MINER'S ACE HARDWARE BULBS 010.4213,5604 16.03 101825 07/27/01 057096 MINER'S ACE HARDWARE MISC. HARDWARE 010.4212.5255 1. 34 101825 07/27/01 057096 MINER'S ACE HARDWARE PRIMER/CAULKING 010.4213.5604 13.88 101825 07/27/01 057096 MINER'S ACE HARDWARE BULBS 640.4712.5604 3.83 101825 07/27/01 057096 MINER'S ACE HARDWARE LITHIUM BATTERIES 010.4201. 5255 25.55 101825 07/27/01 057096 MINER'S ACE HARDWARE MISC. TOOLS 010.4211.5273 15.54 101825 07/27/01 057096 MINER'S ACE HARDWARE GROMMET KIT 010.4211.5272 10.48 101825 07/27/01 057096 MINER'S ACE HARDWARE PAINTING SUPPLIES 220.4303.5613 19.26 101825 07/27/01 057096 MINER'S ACE HARDWARE SPRAYPAINT/PAINTING SUPPLIES 010.4420.5605 37.42 101825 07/27/01 057096 MINER'S ACE HARDWARE ANCHOR BOLTS 640.4712.5610 7.53 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 3 07/24/01 15:38 VOUCHER/CHECK REGISTER FOR PERIOD 14 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 101825 07/27/01 057096 MINER'S ACE HARDWARE CONDUIT/ELBOWS/ADAPTERS 010.4430.5605 4.72 101825 07/27/01 057096 MINER'S ACE HARDWARE BAR PULL/BUMPER RECESS/GLUE 640.4712.5604 8.70 101825 07/27/01 057096 MINER'S ACE HARDWARE MOTION SENSOR SWITCHES 010.4213,5604 54.54 101825 07/27/01 057096 MINER'S ACE HARDWARE POLISH/CLEANER 010.4420.5601 43.61 101825 07/27/01 057096 MINER'S ACE HARDWARE NIPPLE/BOLTS 640.4712.5610 20.70 101825 07/27/01 057096 MINER'S ACE HARDWARE BINS 010.4305.5601 16.03 317.26 101826 07/27/01 059124 MUSTANG TREE CARE TREE THINNING-840 TURQUOISE 010.4420.5303 297.50 101826 07/27/01 059124 MUSTANG TREE CARE TREE THINNING-856 TURQUOISE 010.4420.5303 550.00 101826 07/27/01 059124 MUSTANG TREE CARE TREE THINNING-860 TURQUOISE 010.4420.5303 573.75 1,421.25 101827 07/27/01 063960 PACIFIC BELL RADIO 451-0183 010.4145.5403 186.13 101827 07/27/01 063960 PACIFIC BELL ALARM 841-3953 010.4211.5403 31.89 101827 07/27/01 063960 PACIFIC BELL ALARM 841-3956 220.4303.5403 31.89 101827 07/27/01 063960 PACIFIC BELL ALARM 841-3959 640.4710.5403 31.89 101827 07/27/01 063960 PACIFIC BELL ALARM 841-3960 010.4211.5403 31. 89 101827 07/27/01 063960 PACIFIC BELL PHONE 474-500 010.4145.5403 1,737.93 101827 07/27/01 063960 PACIFIC BELL PAY PHONE 489-9816 010.4145.5403 51.95 2,103.57 101828 07/27/01 066690 PITNEY BOWES' POSTAGE METER RENTAL 010.4201. 5602 174.68 174.68 101829 07/27/01 066924 PLAQUE SHAQUE ENGRAVE RADIOS 010.4211.5255 15.00 15.00 101830 07/27/01 067782 DENNIS PORTE PUppy PLAY SCHOOL CLASSES 010.4424.5351 829.85 829.85 101831 07/27/01 063180 MADDY QUAGLINO SUPER SITTER/MOM'S BIG HELPER 010.4424.5351 315.00 315.00 101832 07/27/01 070590 RICHETTI WATER CONDITIO 4 REVERSED OSMOSIS SYSTEM 010.4211. 5206 495.00 495.00 101833 07/27/01 102506 PAUL ROSE REF. PARK DEPOSIT-ROSE 010.0000.4354 26.00 26.00 101834 07/27/01 102505 SAN LUIS AMBULANCE REF. PARK DEPOSIT-SAN LUIS AMBU 010.0000.4354 25.00 25.00 101835 07/27/01 078156 SEBASTIAN OIL DISTRIB. GASOLINE/DIESEL 010.4211.5608 218.50 218.50 101836 07/27/01 080886 SOUTHERN AUTO SUPPLY 50 AMP TEST CLIP/CAR WASH SOAP 010.4211.5603 11.49 101836 07/27/01 080886 SOUTHERN AUTO SUPPLY 6.6 GAL. PLASTIC 010.4211.5603 27.16 101836 07/27/01 080886 SOUTHERN AUTO SUPPLY DEGREASER/FUSES 010.4211. 5601 36.05 101836 07/27/01 080886 SOUTHERN AUTO SUPPLY VALVES/CHROME SLEEVES 010.4211.5601 6.67 101836 07/27/01 080886 SOUTHERN AUTO SUPPLY SEALED MARKERS/DOME CAP 010.4211. 5601 19.69 101836 07/27/01 080886 SOUTHERN AUTO SUPPLY 9 VOLT BATTERY 010.4305.5601 7.73 101836 07/27/01 080886 SOUTHERN AUTO SUPPLY TRUCK CLEANING ITEMS 010.4420.5601 59.31 168.10 101837 07/27/01 101976 SPARKLE JANITORIAL & MA CARPET CLEANED-BUILDING 010.4213.5303 120.00 101837 07/27/01 101976 SPARKLE JANITORIAL & MA CARPETS CLEANED-ELM/COMM.CTR 010.4213.5303 325.00 445.00 101838 07/27/01 102376 MICHELE STEARNS REIMB.TRAFFIC CONES 010.4201. 5255 82.27 82.27 101839 07/27/01 082328 STERLING COMMUNICATIONS RADIO SERVICE AGREE-AUG 010.4201. 5606 995.00 995.00 101840 07/27/01 083382 SUPERIOR QUALITY COPIER COPIER STAPLES 010.4101. 5201 56.07 56.07 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 4 07/24/01 15:38 VOUCHER/CHECK REGISTER FOR PERIOD 14 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 101841 07/27/01 102244 TITAN INDUSTRIAL MARKING PAINT 010.4201. 5255 106.57 101841 07/27/01 102244 TITAN INDUSTRIAL GLOVES/TRAUMA KIT 010,4201. 5272 191. 90 101841 07/27/01 102244 TITAN INDUSTRIAL BATTERIES 010.4201. 5255 32.36 101841 07/27/01 102244 TITAN INDUSTRIAL RUBBER WORK GLOVES 612.4610.5255 70.99 401. 82 101842 07/27/01 102499 PATRICIO TORRES REF.WTR DEP-508 CAROL PL 640.0000.2302 180.00 101842 07/27/01 102499 PATRICIO TORRES CLOSING BILL-508 CAROL PL 640.0000.4751 71.76- 108.24 101843 07/27/01 085644 TOSTE GRADING & PAVING TACK OIL 220.4303.5613 120.00 120.00 101844 07/27/01 086346 TROESH READY MIX CONCRETE 350.5632.7001 368.45 101844 07/27/01 086346 TROESH READY MIX SLURRY 640.4712.5610 274.66 643.11 101845 07/27/01 101945 UNITED RENTALS,INC.HWY STEEL TOE RUBBER BOOTS 220.4303.5255 40.80 101845 07/27/01 101945 UNITED RENTALS,INC.HWY STEEL TOE RUBBER BOOTS 220.4303.5255 14.23 55.03 101846 07/27/01 102007 VERIZON WIRELESS CELL PHONE-SHEELEY 284.4103.5403 42.58 101846 07/27/01 102007 VERIZON WIRELESS CELL PHONE-CM 010.4101. 5403 31.91 101846 07/27/01 102007 VERIZON WIRELESS CELL PHONE-PORTABLE 010.4211.5403 16.57 101846 07/27/01 102007 VERIZON WIRELESS CELL PHONE-ENG.l 010.4211.5403 16.51 107.57 101847 07/27/01 101866 VERIZON WIRELESS MESSAG PAGERS SERVICE 010.4211.5403 74.24 74.24 101848 07/27/01 090480 WAYNE'S TIRE LUBE/OIL/FILTERS/WIPERS 010.4201. 5601 187.01 101848 07/27/01 090480 WAYNE'S TIRE LUBE/OIL/FILTER/TIRES 010.4305.5601 232.85 101848 07/27/01 090480 WAYNE'S TIRE TIRES/SERVICE 220.4303.5601 145.30 101848 07/27/01 090480 WAYNE'S TIRE TIRES/OIL/FILTERS 640.4712.5601 54.63 619.79 101849 07/27/01 102502 SARA WHITE REF. CHILD IN MOTION-WHITE 010.0000.4602 72.50 72.50 101850 07/27/01 092274 STEVE WHITNEY REIMB.WEBBING EYELETS/VELCRO 010.4211. 5272 21.16 21.16 101851 07/27/01 100431 WILLARD PAPER CO COPY PAPER/COVER TEXT 010.4102.5255 259.24 259.24 TOTAL CHECKS 19,506.31 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 5 07/24/01 15:38 VOUCHER/CHECK REGISTER FOR PERIOD 14 FUND TITLE AMOUNT 010 GENERAL FUND 14,191.78 220 STREETS FUND 831.08 225 TRANSPORTATION FUND 835.75 284 REDEVELOPMENT AGENCY FUND 2,542.58 350 CAPITAL IMPROVEMENT FUND 368.45 612 SEWER FUND 70.99 640 WATER FUND 665.68 TOTAL 19,506.31 Attachment 5 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 1 07/25/01 10:37 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 101852 07/26/01 000468 A T & T-L/DIST SVC. L/DIST FAX 473-0386 010.4145.5403 18.46 18.46 101853 07/26/01 102472 AMERICAN LAFRANCE AERIA FILTERS 010.4211.5601 79.24 79.24 101854 07/26/01 101044 CITY OF ARROYO GRANDE MEETING SUPPLIES 010.4301.5201 17.00 101854 07/26/01 101044 CITY OF ARROYO GRANDE OFFICE SUPPLIES 010.4101. 5201 16.99 101854 07/26/01 101044 CITY OF ARROYO GRANDE MEETING SUPPLIES 010.4301.5503 15.00 101854 07/26/01 101044 CITY OF ARROYO GRANDE OFFICE SUPPLIES 010.4421.5201 7.48 101854 07/26/01 101044 CITY OF ARROYO GRANDE PHOTO PROCESSING 010.4130.5201 4.84 101854 07/26/01 101044 CITY OF ARROYO GRANDE NETWORK CABLES 010.4140.5602 17.87 101854 07/26/01 101044 CITY OF ARROYO GRANDE EXPRESS MAIL 010.4130.5201 16.00 101854 07/26/01 101044 CITY OF ARROYO GRANDE FILM/DEVELOPMENT 010.4301. 5255 14.21 109.39 101855 07/26/01 009008 BANKCARD CENTER OFFICE SUPPLIES 010.4140.6101 38.50 101855 07/26/01 009008 BANKCARD CENTER OFFICE SUPPLIES 010.4002.5201 36.45 101855 07/26/01 009008 BANKCARD CENTER OFFICE SUPPLIES 010.4002.5201 213.99 101855 07/26/01 009008 BANKCARD CENTER RADIO SHACK SUPPLIES 010.4140.6101 42.79 101855 07/26/01 009008 BANKCARD CENTER OFFICE SUPPLIES 010.4140.6101 366.91 101855 07/26/01 009008 BANKCARD CENTER OFFICE SUPPLIES 010.4101. 5201 17.11 101855 07/26/01 009008 BANKCARD CENTER OFFICE SUPPLIES 010.4101.5201 17.11- 101855 07/26/01 009008 BANKCARD CENTER FILM DEVELOPED 010.4101.5201 27.91 101855 07/26/01 009008 BANKCARD CENTER ART/CRAFT SUPPLIES 010.4425.5255 70.59 101855 07/26/01 009008 BANKCARD CENTER ART/CRAFT SUPPLIES 010.4425.5255 36.25 101855 07/26/01 009008 BANKCARD CENTER MEETING SUPPLIES 284.4103.5505 54.00 101855 07/26/01 009008 BANKCARD CENTER OFFICE SUPPLIES 284.4103.5201 16.04 101855 07/26/01 009008 BANKCARD CENTER MEETING SUPPLIES 284.4103.5505 36.57 101855 07/26/01 009008 BANKCARD CENTER OFFICE SUPPLIES 010.4301.5201 708.67 101855 07/26/01 009008 BANKCARD CENTER PRE-PACKAGED EMERGENCY MEALS 010.4211.5325 539.55 101855 07/26/01 009008 BANKCARD CENTER FLASHLITES/MASK BAGS/ETC 010.4211.5325 759.36 101855 07/26/01 009008 BANKCARD CENTER SUSPENDERS/CHIN STRAPS 010.4211.5272 1,084.75 101855 07/26/01 009008 BANKCARD CENTER HOSE LINE TEES & NOZZLES 010.4211.5603 1,039.30 101855 07/26/01 009008 BANKCARD CENTER AFSS MEETING SUPPLIES 010.4211. 5501 8.24 101855 07/26/01 009008 BANKCARD CENTER AFSS MEETING SUPPLIES 010.4211.5501 19.71 101855 07/26/01 009008 BANKCARD CENTER AFSS MEETING FUEL 010.4211.5501 25.02 101855 07/26/01 009008 BANKCARD CENTER AFSS MEETING-LODGING 010.4211.5501 49.31 101855 07/26/01 009008 BANKCARD CENTER AFSS MEETING SUPPLIES 010.4211. 5501 18.56 101855 07/26/01 009008 BANKCARD CENTER OFFICER'S STAFF MEETING SPLYS 010.4211.5501 37.00 101855 07/26/01 009008 BANKCARD CENTER SEWING MACHINE NEEDLES 010.4211.5255 9.16 101855 07/26/01 009008 BANKCARD CENTER MEDIC BIKE BAGS 010.4211.5206 87.20 101855 07/26/01 009008 BANKCARD CENTER OFFICE CHAIR 010.4211. 5602 804.55 101855 07/26/01 009008 BANKCARD CENTER WATER/COOLER 010.4211. 5325 126.41 101855 07/26/01 009008 BANKCARD CENTER GPS 010.4211.5324 503.42 101855 07/26/01 009008 BANKCARD CENTER GOGGLES & EAR PROTECTORS 010.4211.5272 201.57 101855 07/26/01 009008 BANKCARD CENTER OFFICE SUPPLIES 010.4130.5501 80.75 101855 07/26/01 009008 BANKCARD CENTER COPYING 010.4130.5318 208.68 101855 07/26/01 009008 BANKCARD CENTER TAPES/TRANSCRIBER 010.4130.5501 224.68 101855 07/26/01 009008 BANKCARD CENTER BOOKCASE/PAINT SHOP 010.4130.5201 181. 88 101855 07/26/01 009008 BANKCARD CENTER RETURN TRANSCRIBER 010.4130.5501 213.99- 101855 07/26/01 009008 BANKCARD CENTER COMPUTER ACCESSORIES 010.4130.5201 334.22 7,778.00 101856 07/26/01 102282 CINGULAR WIRELESS CELL PHONE-CROCKETT 010.4130.5201 33.42 33.42 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 2 07/25/01 10:37 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 101857 07/26/01 101528 COMPUTERLAND SEVER NETWORK SERVICE 272.4201.6101 375.00 375.00 101858 07/26/01 026754 CRYSTAL SPRINGS WATER C BOTTLED WATER 010.4421. 5201 40.00 101858 07/26/01 026754 CRYSTAL SPRINGS WATER C BOTTLED WATER 010.4130.5201 55.55 101858 07/26/01 026754 CRYSTAL SPRINGS WATER C BOTTLED WATER 010.4101. 5201 55.55 101858 07/26/01 026754 CRYSTAL SPRINGS WATER C BOTTLED WATER 010.4120.5201 55.55 101858 07/26/01 026754 CRYSTAL SPRINGS WATER C BOTTLED WATER 010.4001.5201 10.00 101858 07/26/01 026754 CRYSTAL SPRINGS WATER C BOTTLED WATER 010.4212.5201 15.00 231. 65 101859 07/26/01 101662 FORD QUALITY FLEET CARE CHECK HEADLAMP CIRCUITS 010.4201. 5601 131.86 101859 07/26/01 101662 FORD QUALITY FLEET CARE REPL.HEADLAMP SWITCH 010.4201. 5601 135.25 101859 07/26/01 101662 FORD QUALITY FLEET CARE REPL.HEADLAMP SWITCH 010.4201. 5601 95.10 101859 07/26/01 101662 FORD QUALITY FLEET CARE REPL.SEAT BELT BUCKLE ASSEMBLY 010.4201. 5601 50.93 413 . 14 101860 07/26/01 102478 HARTFORD CHEMICAL FIRE FIGHTING FOAM 010.4211.5255 286.80 286.80 101861 07/26/01 044496 INFORMATION SERVICES DP-ON-LlNE TRANS 010.4201. 5606 48.04 101861 07/26/01 044496 INFORMATION SERVICES CITATION PROCESSING FEE 010.4201. 5303 474.00 522.04 101862 07/26/01 101750 OFFICEMAX CREDIT PLAN 2 KEYBOARDS 010.4140.5607 42.78 101862 07/26/01 101750 OFFICEMAX CREDIT PLAN OFFICE SUPPLIES 010.4212.5201 524.34 101862 07/26/01 101750 OFFICEMAX CREDIT PLAN OFFICE SUPPLIES 010.4211. 5201 109.05 101862 07/26/01 101750 OFFICEMAX CREDIT PLAN OFFICE SUPPLIES 010.4201. 5201 16.35 101862 07/26/01 101750 OFFICEMAX CREDIT PLAN CDR SPINDLE 272.4201. 6101 85.56 778.08 101863 07/26/01 075130 SAN LUIS OBISPO CNTY.NE CLASS AD-5483050 010.4130.5301 101.05 101863 07/26/01 07513 0 SAN LUIS OBISPO CNTY.NE LEGAL AD #5494304 010.4130.5301 71. 99 173.04 101864 07/26/01 073632 CITY OF SAN LUIS OBISPO BOMB TASK FORCE PROGRAM 010.4201. 5328 4,000.00 4,000.00 101865 07/26/01 075660 SAN LUIS PAINTS FIELD MARKING PAINT 010.4430.5255 95.96 101865 07/26/01 075660 SAN LUIS PAINTS FIELD MARKING PAINT 010.4430.5255 47.98 143.94 101866 07/26/01 102046 RICHARD SLADE & ASSOC PROF.SVCS-S.M.VALLEY WATER 640.4710.5575 1,412.50 1,412.50 101867 07/26/01 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 69.25 69.25 101868 07/26/01 082040 STAPLES OFFICE SUPPLIES 010.4211.5201 71.33 71.33 101869 07/26/01 083382 SUPERIOR QUALITY COPIER FAX MACHINE MAINT.AGREE 010.4101.5602 195.00 101869 07/26/01 083382 SUPERIOR QUALITY COPIER COPIER MAINT AGREE 010.4211.5602 440.35 101869 07/26/01 083382 SUPERIOR QUALITY COPIER COPIER MAINT.AGREE 010.4102.5602 1,815.37 2,450.72 101870 07/26/01 102007 VERIZON WIRELESS CELL PHONE 612.4610.5403 71.81 101870 07/26/01 102007 VERIZON WIRELESS CELL PHONE 010.4305.5403 45.96 101870 07/26/01 102007 VERIZON WIRELESS CELL PHONE-STREETS 220.4303.5403 55.12 101870 07/26/01 102007 VERIZON WIRELESS CELL PHONE-PW INSPECTOR 010.4301.5403 40.00 101870 07/26/01 102007 VERIZON WIRELESS CELL PHONE-SPARE PHONE 010.4301.5403 39.99 252.88 TOTAL CHECKS 19,198.88 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 3 07/25/01 10:37 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 010 GENERAL FUND 17,092.28 220 STREETS FUND 55.12 272 CA LAW ENFORCMT TCHNLGY EQUIP. 460.56 284 REDEVELOPMENT AGENCY FUND 106.61 612 SEWER FUND 71.81 640 WATER FUND 1,412.50 TOTAL 19,198.88 ATTACHMENT 6 CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 7/06/01 TO 7/27/01 07/27/01 FUND 010 234,383,77 Salaries Full time 137,752.32 FUND 220 12,609.24 Salaries Part-Time 30,398.03 FUND 284 4,912.50 Salaries Over-Time 13,487.08 FUND 612 4,659.02 Holiday Pay 443.32 FUND 640 12,439,25 Sick Pay 4,007.80 269,003.78 Annual Leave Pay 3,483.00 Vacation Buyback - Sick Leave Buyback - Vacation Pay 10,436.16 Comp Pay 5,461.74 Annual Leave Pay 8,400.46 PERS Retirement 13,933.55 Social Security 14,664.98 PARS Retirement 382.85 State Disability Ins. 682.34 Health Insurance 19,390,76 Dental Insurance 3,476.16 Vision Insurance 737.44 Life Insurance 552.30 Long Term Disability 718,73 Uniform Allowance - Car Allowance 350.00 Council Expense - Employee Assistance 144.76 Boot Allowance Motor Pay 100,00 Total: 269,003.78 8.b. MEMORANDUM TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES ~ JANET M. HUWALDT, ACCOUNTING SUPERVISOR Cj/J-' BY: SUBJECT: STATEMENT OF INVESTMENT DEPOSITS DATE: AUGUST 14, 2001 Attached please find a report listing the current investment deposits of the City of Arroyo Grande, as of July 31,2001, as required by Government Code Section 53646 (b). CITY OF ARROYO GRANDE MONTHL Y INVESTMENT REPORT As of July 31, 2001 '''"" -" "",,- August 14,2001 This report presents the City's investments as of July 31, 2001. It includes all investments managed by the City, the investment institution, type of investment, maturity date, and rate of interest. As of July 31, 2001, the investment portfolio was in compliance with all State laws and the City's investment policy. Current Investments: The City is currently investing all short-term excess cash in the Local Agency Investment Fund (LAIF) administered by the State Treasurer. This is a very high quality investment in terms of safety, liquidity, and yield. The City may readily transfer the LAIF funds to the City's checking account when funds are needed. At this time, the City does not hold any other investments. The following is a comparison of investments based on book values as of July 31, 2001 compared with the prior month and the prior year. LAIF INVESTMENT CURRENT PRIOR MONTH PRIOR YEAR Date: July 2001 June 2001 July 2000 Amount: $9,650,000 10,350,000 7,295,000 Interest Rate: 5.32% 6.16% 6.19% S.c. MEMORANDUM TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES 9 SUBJECT: ANNUAL REPORT - FISCAL YEAR 2000-01 CASH ACTIVITY IN TRANSPORTATION FACILITIES DEVELOPMENT IMPACT FUND DATE: AUGUST 14,2001 RECOMMENDATION: It is recommended the City Council accept the annual report of Transportation Facilities Development Impact Fund cash activity and ending cash balance at June 30,2001. FUNDING: No outside funding is required. DISCUSSION: Section 6 of Resolution 3021, Attachment B, requires that within sixty days of the close of each fiscal year, an accounting of the Transportation Facilities Development Impact Fund shall be made available to the public, Resolution 3021 requires the cash balance to be reported within sixty days of the close of the fiscal year, several months before the City's annual audit is complete, The firm of Vavrinek, Trine, Day & Company completed the 1999-00 independent audit on November 9, 2000, almost three months after the issuance of the Cash Activity Report. Therefore, to present a complete picture of the cash activity in this fund, a reconciliation from the 1999-00 Cash Activity Report (reported August 8, 2000) and the independent audit balance is presented at the top of the Attachment A. This reconciliation to the audit shows an increase to the Transportation Development Fund of $10,628, which resulted from changes to the funding of capital improvement projects at year-end, After last years cash report was presented to the City Council a review of revenues and expenditures in the capital improvement program showed the Fund contributed an excess amount toward capital projects. The funding for paving of the parking lot behind City Hall was reduced by $21,054 when the total project was completed under budget. The 1999-2000 pavement management program required $14,807 less in funding from the Transportation Development Fund because all paving projects were not completed by year-end. However, these savings were off set by additional funding of $25,233 for the Brisco Road/101 Interchange study, which was further along than originally estimated. TRANSPORTATION FACILITIES DEVELOPMENT REPORT AUGUST 14, 2001 PAGE 2 Attachment A reports the cash balance as of June 30, 2000, audit adjustments, audited balance, cash collected and disbursed during the 2000-01 Fiscal Year, and the ending unaudited cash balance at June 30, 2001. Attachments A - Report of Cash Activity and Ending Unaudited Cash Balance B - Resolution No. 3021 A TT ACHMENT A CITY OF ARROYO GRANDE TRANSPORTA TION FACILITIES IMPACT FEE FUND REPORT OF CASH ACTIVITY AND ENDING UNAUDITED CASH BALANCE AT JUNE 30, 2001 Reconciliation to Audit: Cash Balance at July 1, 2000 $1,543,933 1999-00 Audit Adjustments 10,628* Audited Cash Balance as of June 30, 2000 $1,554.561 2000-01 Cash Activitv: Collections, 2000-01 Fiscal Year Interest Income $ 94,164 Facility Impact Fees 93.795 Total Revenues 187,959 Disbursements, 2000-01 Fiscal Year 28.045 Ending Cash Balance, June 30, 2001 $1.714,475 '" Audit Adjustments: The 1999-00 report was filed before the independent audit was completed. The audit adjustments to expenditures are as follows: Adjustments to funding of capital improvement projects: Brisco Road /101 Interchange Study $25,233 Paving of Council Chamber Lot (21,054) 99/00 Pavement Management Program (14.807) Total reduction of expenditures $(10.628) ATTACHMENT B RESOLUTION NO. 3021 A RESOLUTION OF TIlE CITY OF ARROYO GRANDE SETTING FORTII TilE AMOUNT OF PUBLIC FACILITY IMPACT FEES ,. WHEREAS, Ordinance No. 461 C.S. of the City of Arroyo Grande establishes transportation facility impact fees and provides for the setting of fee amounts by resolution of the City Council; and, WHEREAS, the City has conducted a study which estimates the costs of public facilities needed to maintain the existing level of public services to existing and future residents and businesses in the City of Arroyo Grande, which is attached hereto as Exhibit" A" and which is hereby incorporated herein by reference; and, . WHEREAS, pursuant to California Government Code Section 66016, said study has been available for public inspection and review at least ten (10) days prior to a public hearing held on this matter and public notice was provided fourteen (14) days prior to the public hearing; and, WHEREAS, pursuant to California Government Code Section 66017, this resolution shall become effective sixty (60) days from the passage of Ordinance 461 CS. NOW, THEREFORE, the City Council of the City of Arroyo Grande finds and resolves that: 1. FindjJl~s: a. The purpose of transportation facilities impact fees is to protect the public health, safety and welfare by maintaining the existing level of public services for existing and future residents and businesses within the City of Arroyo Grande, and to pay for the cost of providing such facilities. - b. The fees collected pursuant to this resolution shaH be used only to pay for public facilities identified in Exhibit" A" pursuant to Ordinance No. 461 C.S. c. There is a reasonable relationship between the types of development on which fees are imposed and the purpose for which such fees will be used. . 2. Cost Estimates: The estimated-costs of public facilities to be funded with the fees established by this resolution are set forth in attached Exhibit "A". If the actual or estimated cost of public facilities, as identified. and shown in attached Exhibit" A" should change, the City Manager sh.all review the fees to determine whether such fees are still adequat~. If the fees should be changed, the City Manager shall. recommend to the City Council a revised fee schedule be adopted by resolution. 3. Amount of Fees: a. The amount of the public facility impact fees shall be as set forlh in attached Exhibit "B." b. The Standard Industrial Classification Manual (SIC) shall be used to interpret land use categories, when it is unclear. EXHIBIT "A" Table 1 , Transportation System Improvement Plan >. Estimated Other Arroyo Grande Auoyo Granda Impro'llement Description Cost Agencies Parcentaga Cost priority Involved? Widen Brisco Roed undercrosslng $2,000,000 No 100% $2,000,000 1 EI Camino Reel. Brisco to $510,QOO No 100% $510.000 1 Helcyon; .....iden to four lanes ,'- West Btench Street. 4 lana from $1,690.000 No 100% $1,690,000 1 Oak Park to Brisco Wast Branch Streot - 5 lona from $740,000 No 100% $740.000 5 Brisco to Grend Ave. Oak Perk Roed - Widon to 4 $760,000 Grover BOlIch 50% $380.000 5 lanes Grond Ave. to 101 Huune Roed/227 - Signalize $120,000 County, 33% $39.600 5 Intersection Celtrans Brench St.rrrell1c Way. $736.000 No 100% $736.000 I reconngure Intersection Including relftted Improvements Traffic WaylFair Oaks - signalize $ 120.000 No 100% $120.000 5 Intersection Including ralatad ImprQvament~ Halcyon Rd./Grand Ava. - NB laft $:225.000 No 1000/0 $ 225.000 5 turn. we left turn Elm St.1 Fauo1J Ava. . signallu $120.000 No 100% $120.000 5 Intersection . Vallay Road. raalign curva et $33,000 No 100% $33.000 J school Fair Oaks. Wldan to 51ann $ 499.000 No 100% $499,000 5 (rom Trame Way to croak - Hunne Roed - Widan to 4 lann $693,000 No 100% $693,000 5 frQm Cleronca t~ Verd Loomis Brench Mill/Charry Av,hua . $288,000 No 100% $268,000 1 upgrada exlatlng roa<!,,,,,ey Elm St. . Acquira ROW for $50.000 No 100% $50,000 5 wldanlng Halcyon Rd. - Acqulta ROW for $ 200,000 No 100% $200.000 5 widening .. f TOTAL i $8,764.000 i i I $8.303,600 I I Sour-cn: Cornp"rh'lnsiva South County Traffic Mada' and Study, Final R.port, November 1992. City of Arroyo Grand. Circl/lstian EI.merrt of ths Gansral Plsn. City of Arroyo Granda Public Works Dapartment. Californie Stete Department of Transportation (Caltralls!. Priority 1.5 1 - Highest 3 . Moderte 5 . lowest -- - B.d. MEMORANDUM TO: CITY COUNCIL FROM: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVIC~~ SUBJECT: REJECTION OF CLAIM AGAINST CITY - E. TOAL DATE: AUGUST 14, 2001 RECOMMENDATION: It is recommended the City Council reject the attached Claim for Damages against the City filed by Edward Toal, 295 B Dawn Road, Nipomo. FUNDING: None. DISCUSSION: The City's insurance administrators have reviewed the claim of Edward Toal and recommend it be rejected. ~~A Next Report Due: September !O'!~B.~~\~P,~" .. . " >., STATUS REPORT #2 01 JUl f 6 PI) 4: 08 July 11,2001 City of Arroyo Grande P.O. Box 550 Arroyo Grande, CA 93420 Attention: Steven Adams, City Administrator RE: My Principal City of Arroyo Grande DOl 4/04/01 Claimant Edward Toal My File No. AI0360S Dear Mr. Adams: PREVIEW: The claimant alleges that a rock ITom a city truck damaged his windshield. GOVERNMENT CODE REQUIREMENTS A Action By Public Entity: I recommend that the City forward a standard rejection letter to the following claimant: Edward Toal 295 B Dawn Rd Nipomo CA 93444 Please send a copy of this letter to me to document this file. B. Statute Of Limitations: The statute oflimitations will expire six months ITom the rejection. ~: ~I~W. 1 Ib ~\ 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 July 11,2001 Page Two (A10360-S) CLAIMANT VERSION The claimant claims he was following behind a City of Arroyo Grande dump truck when rocks poured out of the back and one struck his windshield. The claimant was adamant that this is where the rock that hit his windshield came from. The claimant did not inspect the city dump truck after the driver of the dump truck pulled over. The incident occurred in the number 2 lane of northbound Highway 101. CITY REPORT The claimant's statements were discussed with City of Arroyo Grande Public Services Department Supervisor, Randy Robinson and the dump truck driver, Manuel Martin. Both indicated that there was no way the rock could have come from the city truck. Manuel stated that each load is wetted down and the vehicle is inspected before it is driven, Manuel claims he inspected the back of the dump truck after the claimant had talked to him. He found no evidence of rock or rocks present in the tailgate area of the truck. Mr. Martin indicated that the claimant had been tailgating him for fifteen minutes before he pulled him over. The claimant was verbally offensive and in a hurry. LIABILITY The City of Arroyo Grande is not responsible for this loss. There is no proof that the rock that damaged the claimant's windshield was from the city dump truck. It is a common occurrence for a vehicle to kick up a rock from the roadway into the air. This is considered a road hazard, which there is no liability. CLAIM STATUS: Claim Status Reserves LPD- Toal, Edward Open $195.00 Loss $500,00 Expense City of Arroyo Grande Steven Adams July 11, 2001 Page Three (A10360-S) COMMENT: I am placing my file on diary for September 10,2001 awaiting receipt of requested copy of the rejection letter. Very truly yours, Carl Warren & Company ~::,LPCS,CCLA e: ~ -f\-~ CUy of Arroyo Grande ~ L0~ CLAIM FOR DAMAGES ~ k..JN~ f\r. 0 PERSON OR PROPERTY f;[GEI'lED !5(q ~ - ,-" " ~ ,~" n" r. ".. , ~ File with: 1:11 RESERVE FOR FI~NG STAM~' [ .," (,,;,;,,_: i.) : CITY CLERK'S OFFICE Claim No. . IOJ 01 '}ry -9 P~j ": 33 214 East Branch Street 11.1 I .; Arroyo Grande, CA 93420 INSTRUCTIONS 1. Claims for death, injury to person or personal property must be filed not later than six months after the occurrence. (Gov. Code Sec. 911.2) 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. Code Sec. 911.2) 3. Read entire claim form before filing. 4. See page 2 fOr diagram upon which to locate place of accident. 5. This claim form must be signed on Page 2 at bottom. 6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET. '"' TO: (Name of City) Date of Birth of Claimant 7 Occupation of Claimant .G' Ol-t/ -1' /t' "P TtY,1 L FCtl/C6' Co tV TIJ /Ie To/? C-/s Home Address of Claimant City/State Home Telephone Number /;2"7 ~ '6>/' .c>~W/ll I?p IV///<JP'/o rA Q1J.' tI 3JS 'J1./3-0:tt8 Business Address of Claimant City/state Business Telephone Number 5' A /1-1/::- ~cJ ~ J (t.3 ). 10 ..4 Give address and telephone number to Claimant's Social which you desire notices or communica- Security Number tions to be sent regarding this claim: 1S-$-~2.. -~<)99 When did DAMAGE or INJURY occur? Names of any City employees Date '7< -~ -0 I Time /.so ;:> /"'? involved in INJURY or DAMAGE If claim is for Equitable Indemnity, give date claimant /'1 /11/) t/ /J t.. ,tt1/j /2 7/ ,/l/' S- served with that complaint: Date: Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet. Where appropriate, give street names an~ address and measurements from landmarks: (L..O/?I1?C~ wi 7,., / II ~ock.. ~ I 4//Jf" (.:"'utt-Uk//;V C /I Clf)' T/2.vcktO/l/ I'Iw! /0/ /1'clJt:>Itr/G /1/')/<71"1 /96tr40t?t=.....r/ fV//'Q/"1u /JtY.P 4"el'euYo C/llJtVb6~ (f{/l16 /I all' O~ t!20("K p6t/~t::-b Dt/T t<"'/20~ (/lIIo6"""rl. Tltc- T/?/L 6/1/7', OIf.lC/Z~C~,IiIT /116 1'1 y w/"'P sh'/t:lP -!NtP ~?'T /9 ~Ij()(.~' M',r /}If/P CI2/1CKt:-P /T, 7:j"w/c.~ IVCt.:O 1f:.6'~t4c/ .. Describe in detail how the DAMAGE or INJURY occurred. Why do you claim the city is responsi~ P;'CI f.//I//I$ 6'YE IT W,q.5 /I Clf?' Tt2l/C 1<... tC.IC ~ C '3 S34t:< :<. /1 /9171(/4 t.. ~..112 T //lI' ~ w /-/u Pt/t..t- c.....p ()t/c''Z W/Y6o/ Z ~/c;v4tc'p To /I/~J /tNP //[ w-1S' t/6P! Y tP,X-./ T 6" -1 AI' ~ (/ NP 6"l ~ 1'191/1 P //1/ (f. Describe in detail each INJURY or DAMAGE SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE 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......$ Future expenses for medical Expenses for medical and hospital care.....$ and hospital care.......$ Future loss of Loss of earnings........$ earnings. . . . . . . . . . . . . . $ special damages for other prospective special ....................... .$ damages...;...........$ General damages.........$ Prospective general Total damages incurred damages...............$ to date............... $ Total estimate prospective damages.............$ Total amount claimed as of date of presentation of this claim........$ Was damage and/or injury investigated by pollee? lilt) If so, what city: 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 known to have information: III/O()MO cA NameeolA/,,<1.12.t> F '0/9 L Address l~qS IJ pAw,) /1.1> '9J'I?JJ Phone 8115 sf/- '3-0J. ~ ? Name Address Phone Name Address Phone DOCTORS 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 accident 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 vehicle when you first saw city vehicle: location of City Vehicle at time of accident by "A- I" 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. ! I L SIDEWALK cuns P^AKW^Y SIDEW^LI( 1 I Signature of Claimant or person Typed Name: Date: ~ _ f- - 0 / filing on behalf giving relationship to claimant: BE FI LE .TH CITY CLERK (Gov. Code Sec. 915a). false claim is a felony (Pen. Code Sec. 72) . . c;ae.#....~ . ..J' .... .~. ~ .,' . ,...uL___),~........'.' ....~...;i::~ ~~"" .... ". ....' .... L..., .'......=..m-N14 ~~TRA.'nVE_vtClS"'. :FAX:__~ '. 'S;~t~AwTo,....... .' August 15; 2001 . , " ," "", EdWarii'T6al' "\295:.S0awnRo~d . . NipomoCA93444.' " ~,. ' , 'i '. · . "R&JletIQt40f':~tM>PRESE8~"'M1'itIN,i$t)(\MOHtHS ,', : -. . . .., ..', ~ ,'1'< - _ .<~__" """ " <~'~'};'>~"-'," ~".~.' ,_,~"f :'.<.: ":,-:' ,', '". 'f.t ~> " " Dear Mr. Trial: . ..... ..'Notice:'..iS'~by-gi\l~n,'yja.(tb$i~~.',YoU'P"e$t?f1t~,\tP:1fi~,.Cjt;y'~ncif'Of; the' City 'OfArrQ~$~e'on,.M.j\9~~~wa~J~j~()I1.~~:,1;4'~~001.~ ....' .'W'. .~. ".' 'tNG' '.' 0' - ,-' . , ," " . 'Sqbje~' to ,cEntait)e)(cepti(j~":YOU~V~-onIY$IX:(6r:mon~.s"fro,J,;~th~date fhi~ , . '" - ',_ '_,'" ,. ,_ '. ':- . , _, . ' , . ,. __ . ',.,:' ", ,'I, L _ ,_ 1_' d.,,_ ' _' _ ," 'c:' ' _ '''. :' '_ "~ ,_'" ,.' ':" ,_'-'0- .~ . ' : _ ' , >',' ' notice',}Y8~...~rysonatly.~~ivQI"8(f\:Qr, \~~ifed'4r:t-~.;~f1~'~~'"'~H;.,tp'fite.,$ CourtA~~m:~':Mur)iQi~l:ci!'.~(~Q~r.~ft~I:~S~8-,\ft:~"~taon.this' Crain'1 (See GOY.ern)'1'\Snf~e.S~tlbff945,6)~>_. ..; ~"> y, ..,'."; '. '"',.,'..',;"":"',::.,,,:i ,j'> "".:. '.' . .,;,' ....' '.' .'. .YQu:may $$,k.'tl1!.ad~iceof)"r!,~~~y'o~~r~~~jn'.~~~with this RJatter. .If you desIre- to;QOosutt,$\ attQmey!~()U,$bP~,ij.".9';SO ""~i<<tEtly.. . , 'KeUy,We.trnpre,' .'. ':'. ..',.::', " ~" ',:, !:'.' '..I)Jr.c.tQi"OfA~J-,i~",.v.~; ; c: 8.e. MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JULY 10, 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; Director of Administrative Services Wetmore; Director of Financial Services Snodgrass; Community Development Director McCants; Director of Building and Fire Fibich; Director of Public Works Spagnolo; Director of Economic Development Sheeley; and Associate Planner Heffernon. 3. FLAG SALUTE David Mathe, representing Knights of Columbus, led the Flag Salute. 4. INVOCATION Pastor Paul Jones delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. MA YOR"S COMMENDATION Mayor Lady presented a plaque commending the Cal Poly City and Regional Planning Department for the preparation and presentation of the East Grand Avenue Master Plan Concepts. Jaka Howard and Richard Millgrom accepted the commendation on behalf of the Cal Poly City and Regional Planning Department. 6. AGENDA REVIEW 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. 7. CITIZENS" INPUT, COMMENTS, AND SUGGESTIONS Nick Alter, 354 Corbett Canyon Road, gave a report on the recommendations of the Guadalupe Air Quality Mitigation Funding Committee, a South County citizen committee, to evaluate funding options for reducing air pollutant emissions generated by the Guadalupe Oil Field Remediation Project. He explained how the Committee was formed, the Committee's role, the proposal evaluation process, and the results of the CITY COUNCIL MINUTES JULY 10, 2001 PAGE 2 funding recommendations. He stated the Air Pollution Control District's Board of Directors would consider the recommendations following a public hearing on July 25, 2001. Sandy Facchetti, 248 Tally Ho Road, spoke about the silt and debris that flowed into the creek from the new construction off of James Way during the last rainy season. He requested that the appropriate agencies and staff meet at the location to discuss the issue. Mary Morey, 350 Old Ranch Road, stated there is not a street light at W. Branch Street and Old Ranch Road and it is very dark. She expressed concerns about the dangerous condition of the intersection when rainwater flows down the hill. She indicated that the previous property owner, CZ Brown, had requested the installation of a solar light and requested the City consider this option. Otis Page, 606 Myrtle, inquired what the City's policy was regarding Council Member statements to the press. He referred to recent letters to the editor written by one member of the City Council that he believed implied he was,speaking for the City. He suggested the Council consider what its policy should be regarding this matter. 8. CONSENT AGENDA Council Member Runels pulled Item 8.d. for clarification and a separate roll-call vote. Council Member Runels moved and Council Member Lubin seconded the motion to approve Consent Agenda Items 8.a. through 8.g., with the exception of 8.d., with the recommended courses of action. 8.a. Cash Disbursement Ratification. Action: Approved the listing of cash disbursements for the period June 16, 2001 through June 30, 2001. 8.b. Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of June 30, 2001. 8.c. Approval of Minutes. Action: Approved minutes as submitted for the Regular City Council/Redevelopment Agency meeting of June 26, 2001. 8.e. Authorization to Solicit Bids - Parks Division Vehicle. Action: Authorized staff to solicit bids for a %-ton regular cab pick up truck for the Parks Division. 8.f. Authorization to Solicit Bids - Public Works Vehicle. Action: Authorized staff to solicit bids for a %-ton pick up truck for the Public Works Department. 8.g. Award of Contract for the Huasna Road Pavement Overlay Project, City Project No. PW-2001-3. Action: 1) Awarded a construction contract to Madonna Construction in the amount of $229,120; 2) Appropriated $23,235 of Traffic Congestion Relief Funds for the project; 3) Authorized the City Manager to approve change orders not to CITY COUNCIL MINUTES JULY 10, 2001 PAGE 3 exceed the contingency of $22,912 for use only if needed for unanticipated costs during the construction phase of the project; and 4) Directed staff to issue the Notice of Award and Notice to Proceed with other necessary contract documents. AYES: Runels, Lubin, Dickens, Lady NOES: None ABSENT: Ferrara There being 4 AYES and 1 ABSENT, the motion is hereby declared to be passed. 8.d. Adoption of Ordinance - Creek Dedications. Council Member Runels asked for clarification from the City Attorney as to the legality of the proposed ordinance when applied to certain hypothetical situations. City Attorney Carmel explained that when applied to some specific projects, under some circumstances, the Ordinance requirements might be so onerous as to constitute a regulatory taking. City Attorney Carmel pointed out that under those circumstances, the City could reduce or eliminate the requirements through the exception provision in the Ordinance. Council Member Lubin moved to approve staff's recommendations to adopt the Ordinance and direct the Director of Administrative Services to file a Notice of Determination with the County Clerk-Recorder. City Attorney Carmel read the title of Ordinance No. 527 C.S. amending Title 9, Chapter 14 of the Municipal Code to expand the City's creek dedication requirement for new discretionary projects to include the area 25 feet from the top of the stream bank for Arroyo Grande Creek and its tributaries and Meadow Creek and its tributaries. Council Member Dickens seconded the motion, and on the following roll-call vote, to wit: AYES: Lubin, Dickens, Lady NOES: Runels ABSENT: Ferrara There being 3 AYES, 1 NO, and 1 ABSENT, the motion is hereby declared to be passed. 9. PUBLIC HEARING 9.a. Conditional Use Permit Case No. 99-013 to Construct Five (5) Professional Office Buildings, and Variance Case No. 01-001 to Deviate from the Maximum Wall Height Requirement; Northwest Corner of Camino Mercado and West Branch Street; Stephen Cool and Gary White. Associate Planner Heffernon presented the staff report. She highlighted aspects of the proposed project, located in the Highway Service District of the Oak Park Acres Planned Development, consisting of five (5) professional office buildings having a total area of 24,300 square feet. She stated that except for the retaining wall height, the CITY COUNCIL MINUTES JULY 10, 2001 PAGE 4 project met all site development standards of the Development Code and the specific standards of the Oak Park Acres Planned Development. The applicant requested a variance to exceed the 6-foot wall height limit to construct walls up to 14 feet in height along the back of the property adjacent to the motel, and in sections along the W. Branch Street frontage. She also explained that based on the traffic study prepared for the project, a traffic signal was warranted at the West Branch Street/Camino Mercado intersection and the applicant would be required to install a signal at this location as a condition of approval to the project. She explained that the City had received written correspondence regarding the project concerning oak tree impacts and visual impacts. The Planning Commission recommended the Council deny the project based on the Commission's inability to make the necessary Conditional Use Permit and Variance findings. Staff recommended the Council consider the proposed project and Planning Commission's concerns, and provide direction to staff. Council Member Lubin referred to the adjacent motel's existing sign and inquired whether an increase in the height of the sign would require a variance. Associate Planner Heffernon responded that in the Oak Park Acres Planned Development, it specified the sign could be raised up to fifty (50) feet in height with an approved Planned Sign Program. Mayor Lady opened the Public Hearing. Steve Cool, 1577 EI Camino Real, introduced Gary White and Mike Obayashi, his associate and architect respectively. He displayed a model of the proposed project and spoke in support of the proposed project, giving a general overview of the project with responses to some of the issues raised in the report. He stated the project includes extensive parking, lush landscaping, Mediterranean architecture, and a clock tower. He stated the project would include high-end professional offices; would be a low traffic generator based on professional office uses; and that the proposed development represents the best use of the site and would serve as a visual buffer between the K- Mart and Wal-Mart shopping centers. He referred to Table 2, page 5, in the Penfield- Smith Traffic Study, which indicates all of the intersections along W. Branch are currently operating at or better than level "C" and would continue to operate at level "C" even after the proposed project is built. Mr. Cool commented that they did not feel a traffic signal was necessary; however, they were not objecting to the condition of approval for the required installation of a traffic signal. He further addressed the City- wide traffic issues; the removal of oak trees that are diseased; the size of the project; and the proposed retaining wall along the property. He submitted a color rendering for the record showing how the retaining wall would be screened with landscaping. He concluded by stating the project was consistent with the applicable zoning, with numerous General Plan policies, with the rural atmosphere of the area; with the Open Space and Conservation Element by maintaining native landscaping; and with the Economic Development Strategy. Mr. Cool submitted a letter for the record from the Arroyo Grande Chamber of Commerce in support of the project. He requested support of the Council for the CUP and the Variance. CITY COUNCIL MINUTES JULY 10, 2001 PAGE 5 Mayor Lady asked Mr. Cool for clarification regarding the elevation of the project as it relates to the adjacent motel sign. Mr. Cool agreed that Building 3 obscures the visibility of the sign and asked for the City's support in allowing the motel owners to raise the elevation of the sign. Mike Obayashi, architect, spoke in support of the project and added that as far as the mass, the project's floor area ratio is 21 % versus the allowable 50%; with 21 % landscaping, which far exceeds the minimum 5% landscaping requirement. Otis Page, 606 Myrtle, stated this was an excellent project for the City and was an excellent plan for this type of property. He expressed concern about the traffic issue and stated that the level of service standard should be further analyzed as recommended by the General Plan Update Consultant. Les Krouch, resident of San Diego and one of the owners of the Premier Inn Motel, stated upfront that as neighbors, they have no real objection to a project of this nature; however, they have certain serious problems with the project as designed. He stated this was not a low impact, low profile project. He stated the project consists of three buildings and addressed the building heights. He suggested the buildings could be lowered and still maintain ocean views. He stated that they had hired an engineer who prepared renderings to depict view blockage of the motel. He expressed serious concerns about the motel going out of business if the view of the motel from the highway is blocked. He stated the Planning Commission had previously denied a request for a sign height increase. He suggested that the project could be rearranged so that the motel is not significantly blocked from view. Mike Obayashi, architect, stated the renderings Mr. Krouch displayed were not accurate and provided clarification regarding the elevations of the buildings and of the clock tower. Andrew Merriam, representing the motel owner, stated he had received the proposed plans from the Planning Department in order to create renderings with height depictions. Mr. Krouch stated he would be happy to have superimposed pictures re-done to reflect the revised height of the buildings. Gary White, trustee for owners of the property, addressed the view issue with regard to the motel sign. Hearing no further comments, Mayor Lady closed the Public Hearing. Council Member Dickens stated that professional office was an ideal use for the property; however, he stated his major issue with the proposed project is for the variance needed for the retaining wall. He stated his opposition to the height and mass of the retaining wall and its proposed location. He stated he would consider a variance for up to eight (8) feet, but not fourteen (14) feet. He also expressed a desire for a CITY COUNCIL MINUTES JULY 10, 2001 PAGE 6 second opinion on the arborist report regarding the oak trees affected by the project. Council Member Dickens further expressed concerns that the project will visually impair the motel and that Buildings #4 & #5 need to be downscaled. He also spoke about economic issues for surrounding businesses. He stated he could not approve the variance as submitted and encouraged the applicant to come back with a modified project. Council Member Lubin agreed that professional office was a good use for the location. With regard to traffic, Council Member Lubin stated he felt comfortable that a traffic signal would allow the intersection to maintain a level of service of "C" or better. He stated his concerns regarding the retaining wall facing W. Branch Street were resolved upon viewing the applicant's rendering with landscape screening; he accepted the findings in the arborist report; and indicated that he had no concerns about the visibility of the motel from the freeway. He stated that the economic viability of the motel should be considered and he would favor an increase in height for the motel sign. Council Member Lubin expressed support for the project as proposed. Council Member Runels stated he had no problem with the project and he could support it. Mayor Lady stated he favored the layout and design of the project; liked the rendering of the retaining wall design with appropriate screening; was not convinced that the height of the building would impede the motel business; and stated that although traffic is a concern, the impacts would be mitigated with a traffic signal. He supported the project. Council Member Lubin moved to take tentative action to approve Conditional Use Permit Case No. 99-013 and Variance Case No. 01-001, and direct staff to return with a supporting resolution at the next regular Council meeting. Council Member Runels seconded the motion, and on the following roll-call vote, to wit: AYES: Lubin, Runels, Lady NOES: Dickens ABSENT: Ferrara There being 3 AYES, 1 NO, and 1 ABSENT, the motion is hereby declared to be passed. 10. CONTINUED BUSINESS None. 11. NEW BUSINESS None. 12. CITY COUNCIL MEMBER ITEMS (a) Public Opinion Survey Regarding Growth (Ferrara). CITY COUNCIL MINUTES JULY 10, 2001 PAGE 7 Mayor Pro Tem Ferrara distributed a handout to the Council regarding a survey he conducted of California cities relative to municipal decision making. The handout summarized the results of the survey, which included the responses received from cities regarding the use of a super-majority voting requirement (4/5th,s vote) or voter approval requirement for certain decisions. Mayor Pro Tem Ferrara requested the Council bring the issue back for discussion at a future meeting, following the adoption of the General Plan Update. 13. CITY MANAGER ITEMS (a) Pilot City Council meeting broadcasts on cable television. City Manager Adams confirmed that the Special Cit~ Council meeting of July 31st and the Regular City Council meetings of August 14 h and September 11th would be televised. He also informed the Council that Charter Communications would be implementing the PEG Access Fund fee beginning with the August cable billing, as previously directed by the Council. 14. COUNCIL COMMUNICATIONS Council Member Runels referred to a condition of approval for wrought iron fencing around the perimeter of Tract 2207 and stated in his opinion, it was not needed on the west or south side due to the existing chain link fencing. He stated the money could be used to improve the fencing along the freeway. He requested the Community Development Director look into the matter. Council Member Lubin referred to the visual blight of the step-down retaining walls at the Highlands project and inquired what could be done to require the homeowners to install the landscaping in a timely manner. Mayor Lady concurred with Council Member Lubin's concerns. Council Member Runels requested that staff pursue potential funding for improvements to Branch Mill Road. City Manager Adams responded that staff would be coming forth in October with potential street projects eligible for funding through SLOCOG. 15. STAFF COMMUNICATIONS City Manager Adams reported that a Town Hall meeting has been scheduled for July 26, 2001 at 6:00 p.m. for discussion regarding the potential relinquishment of Hwy 227 and Streetscape improvements; and on October 4th, a Special Meeting has been scheduled to present concepts on the East Grand Avenue Master Plan. 16. ADJOURNMENT Mayor Lady adjourned the meeting at 8:45 p.m. CITY COUNCIL MINUTES JULY 10, 2001 PAGE 8 Michael A. Lady, Mayor ATTEST: Kelly Wetmore, Director of Administrative Servicesl Deputy City Clerk MINUTES SPECIAL MEETING OF THE CITY COUNCIL TUESDAY, JULY 31,2001 COUNCIL CHAMBERS, 214 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Lady called the Special City Council meeting to order at 7:00 p.m. He announced that this was the first time that an Arroyo Grande City Council meeting had been.televised. He said it was a live telecast for the citizens of Arroyo Grande and hoped it would encourage more people to become interested and participate in City government. He introduced Steve Mathieu of AGP Video, who contracted with the City and Charter Cable Television to present the meeting on television. Mr. Mathieu said the meeting and those televised in the future would be shown live on Channel 62 and would be rebroadcast at 9:00 a.m., 6:00 p.m., and 1 :00 a.m. Mr. Mathieu said there would be room for more public information on the channel. 2. ROLL CALL City Council: Council Members Lubin, Dickens, and Runels; Mayor Pro Tem Ferrara, and Mayor Lady were present. City Staff: City Manager Adams, City Attorney Carmel, City Clerk Davis, Director of Community Development McCants, and General Plan Update and EIR Consultant Rob Strong, AICP. 3. FLAG SALUTE Mayor Lady led the Pledge of Allegiance to the Flag. 4. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS ON ITEMS NOT ON THE AGENDA None. 5. CONSIDERATION OF THE 2001 GENERAL PLAN UPDATE POLICY DOCUMENTS AND ELEMENTS AND FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) Community Development Director McCants discussed the staff presentation for this meeting. He said Council questions of staff would be followed by public testimony on the process, Final EIR, General Plan Update, and issues of concern. He said another hearing is scheduled for August 16, 2001, for the presentation of Element objectives and policies, with particular focus on proposed changes from the 1990 Special City Council Meeting July 31,2001 Page 2 General Plan. He said a hearing has been tentatively scheduled for August 23, 2001, at which time the City's General Plan Update traffic consultant, Higgins and Associates, will present and explain the Traffic Model Analysis Findings and Conclusions. Mr. McCants said final Council action is anticipated to take place September 11, 2001. Mr. Strong, General Plan Update and EIR Consultant, discussed the following: 1. A summary of the 2001 General Plan Update process to date and the remaining steps required for adoption; 2. A presentation of the draft EIR Summary of Impacts, Table EIR-1, pages EIR 12 through 15; 3. Comments received and response topics on revisions or additions to General Plan policies; areas of controversy - Land Use Changes and Alternatives; build out population, and potentially significant impacts - water resources, traffic/circulation/transportation, and air quality. 4. Overview and highlights of 2001 General Plan Update and Planning Commission Recommendations concerning Planning Area, Sphere of Influence, County Fringe, Urban Area, Land Use, and Circulation Classifications, in addition to Element by Element objectives and major policies. There were no Council questions of the staff. Mayor Lady opened the Public Hearing. Members of the Public speaking to the Council were: Steven Smith, 762 Los Ciervos Court John Farnsworth, 407 E. Cherry Avenue Heather Jensen, 569 May Street Matt Janowicz, 527 Crown Hill, Apartment A Tony Janowicz, 447 Lierly Lane Bruce Berlin, 221 Avenida de Diamante Gary Kobara, 2595 Gracia Way Jan Scott, 520 Via Vaquero Reuel D. Estes, 811 E. Cherry Avenue Dennis Allan, 690 Heritage Paul B. Farrell, 765 Asilo Cindy Fear, 317 E. Cherry Wayne King, 965 Airport, San Luis Obispo Jayme Wachtel, 500 E. Cherry Avenue Grace Mitchell Berg, 432 La Canada Frank Lindner, Arroyo Grande Paul Karp, 596 Woodland Drive ! Special City Council Meeting July 31, 2001 Page 3 Lee Webb, 116 Vista Drive William Kapp, 617 Woodland Drive Victor Tose, 295 Alder Street Douglas Tait, 645 Asilo Robert Brownson, 653 Asilo Vard Ikeda, 1276 Branch Mill Road Jerre D. Sumter, 575 Via Las Aguilas Chuck Fellows, 507 LePoint Street Linda Osty, 309 E. Cherry Avenue Don Gullickson, 513 E. Cherry Avenue Cindi Oberg, 613 Grove Court Mike Titus, 404 Lierly Patty Welsh, 1151 Pradera Court L. E. Vandeveer, 756 Myrtle Street Karen Cross Harmon, 390 Mercedes Lane Ed Dorfman, 285 La Cresta Citizens spoke for and against the following General Plan Update potential reclassifications of land: 1. Reclassifying to residential 12 acres of agriculture land South of East Cherry Avenue and East of Traffic Way - frontage. 2. Reclassifying from Residential Rural to Single Family Residential, Medium Density (subject to a neighborhood development plan) 22 acres on East Myrtle, East Cherry and East Cherry Extension East of Noguera Place and South of Arroyo Grande Creek, including Lierly Lane. 3. Reclassifying a parcel in Royal Oaks Estates from Planned Development to Single Family Residential Low Density with Planned Development combining designation allowing a maximum of 20 dwelling units at one dwelling unit per 1.5 acres, exclusive of the tree preservation easement area shown as Conservation/Open Space. 4. Reclassifying a parcel of land at 1110 Sunset Drive (A through G) from the currently zoned designation of 11 units-per acre (multi-family apartments) to Single Family Residential, Medium Density. 5. Reclassifying parcels at 295, 279, and 265 Alder from Single Family Residential to Multi-family, Very High Density. 6. Reclassifying 26 acres in Rancho Grande on La Canada from Planned Development to Conservation/Open Space and Planned Development combining Special City Council Meeting July 31, 2001 Page 4 designation allowing one dwelling unit per five acres (enabling up to five units subject to Planned Development approval). 7. Changing the General Plan Update to add "Professional Offices" to the already existing "Light Manufacturing" section beginning on Page ED-3, the language reading "Light Manufacturing/Professional Offices." 8. Reclassifying land at 1273 Branch Mill Road from Agriculture to Single Family Residential, Medium Density. In addition to letters submitted by speakers, there were letters received concerning several of the above topics from Ron Nisbett and David and Michele Norwood, all of Arroyo Grande. Several citizens made suggestions for either improving the General Plan Update document or the City in general, as follows: 1. Making the Design Guidelines for the Village stronger. 2. Developing a program to preserve the City's mature street trees. 3. Having two copies of the General Plan Update and EIR at the South County Library so one could be "checked out" by citizens. 4. Requesting that the proposed Arroyo Linda project be described in the General Plan Update as "potentially" not "ultimately" in the City's service area. 5. Doing an annual inventory of the City's water and consistently enforcing the findings. 6. A petition containing 43 signatures of residents of Grove Court, Fieldview Place, Hillside Court, Farmhouse Place, Sierra Drive, and Los Olivos reading, "The 2001 General Plan Update contains several proposed changes in our area (items # 7 & 8) which will affect our neighborhood (the Village Homes). The issues are: traffic, water drainage/flooding, water usage, and aesthetics. As, homeowners, we want to be informed with good information such as names of streets on maps and in a timely manner. We also want to be involved regarding these changes before they occur." After all speakers were heard, Mayor Lady closed the Public Hearing and Council Members made comments and asked questions of staff. Special City Council Meeting July 31,2001 Page 5 Council Member Runels asked a question with regard to the future affect on owners of land in Area 9 around Valley Road. Mr. Strong said the land use designations of Area 9 in the Update are open for alternative policies. Council Member Lubin said he was concerned that one speaker said the public was discouraged from participating in this General Plan Update process. Mr. Strong said public input was encouraged and General Plan Amendments may be made four times a year. Mr. McCants said approximately 3,000 notices on the General Plan Update were sent to residents and all the documents are available on the City's Website. Council Member Lubin asked staff to address the designation of Specific Plan, which is recommended for Arroyo Linda. Mr. Strong said the area Council Member Lubin referred to, unlike all the areas of the City, lacks any underlying land use designation in the Update. He said it was an intentional direction from City officials. He said at this stage anything might happen. It may remain agricultural, hillside, rural residential, or residential hillside designations; it may never be subdivided; it may be subdivided tomorrow. He said a Specific Plan and an Environmental Impact Report would have to occur before any development. He said the 185 acres adjacent to the City is within the adopted Sphere of Influence and also is shown as a potential Specific Plan Reserve. Council Member Lubin asked the City Attorney for clarification on the impact the General Plan Update would have on Tract 1998, the 26 acres in the Rancho Grande area located on La Canada street. City Attorney Carmel said the project is a vesting tentative tract map and under California law the City can only impose the law that was in effect at the time the application for that map was determined by the City to be complete. He said in this case the applicable date was either April or May ( 2001), which means that the General Plan Update that was the subject of the meeting and that had not yet been adopted, would have no impact on that particular vesting map application. Council Members Lubin and Mayor Lady expressed concern about a large Magnolia tree recently cut down by the City. City Manager Adams said the tree roots were damaging the sidewalk and street, any further trimming of the tree roots would have jeopardized the tree, and it was decided the tree should be cut down. Mayor Lady asked staff to notify the Council before cutting down trees in the future. Council Member Dickens asked about AB947 concerning pesticide use in farming. Mr. Adams said the bill creates some new requirements on school districts within certain areas of agriculture in terms of preparing emergency plans. He said it gives the County Agriculture Commissioner additional authority over setting buffers and Special City Council Meeting July 31, 2001 Page 6 other requirements and regulating or restricting practices at agriculture properties within certain distances of hospitals, schools, and other sensitive facilities. He said the Agriculture Commissioner did not feel the bill would impact properties within Arroyo Grande. Council Member Dickens said there may be some public confusion about the designation as Specific Plan on the Arroyo Linda project and wondered if there is another way to identify that property without referencing it as the Arroyo Linda Crossroads. Mr. Strong said specific name references could be deleted and map or map numbers used, but they might add more confusion. Council Member Dickens asked if when Mr. Strong was making assumptions regarding Arroyo Linda Crossroads was he only talking about water, traffic, and infrastructure on the property within the City. Mr. Strong said there are some references in the Update to Phase 2, which is outside the City limits, but those are strictly hypothetical and the analyses reveal that there are substantial infrastructure constraints. Council Member Dickens asked for information on where the City stands with regard to its water resources and possible "triggers" that could be put in place to make sure water resources are not depleted. Mr. Strong discussed sources of City Water. He said the most conservative approach would be to take the "drought yield" and try to live within that amount. He said, if necessary, conservation measures, enforceable mitigation, and growth controls could be started. He suggested the Council revisit the issue with more qualified individuals such as the Public Works Director and water use consultants at the next General Plan Update meeting scheduled for August 16, 2001. Mayor Pro Tem Ferrara said the document labeled "Circulation Element" is the Traffic Analysis for the Circulation Element. He asked about making the Village Design Guidelines more stringent and what progress has been made on the matter. Mr. McCants said staff had met with the Architectural Review Committee on the matter, but because of the department's workload and reduced staff, it would be October before the stronger guidelines are completed. Mayor Pro Tem Ferrara asked for more explanation of the requests for reclassification of the properties on Sunset and Alder. Mr. Strong said if the Sunset property designation is left the same as in the 1990 General Plan, it would not be included in the 2001 General Plan Update. He said if Council agreed to the request to change the Alder property to Multi-Family, Very High Density, it could be listed that way in the 2001 Update and the property owner could apply for are-zoning. Special City Council Meeting July 31, 2001 Page 7 Mayor Pro Tem Ferrara requested further information about the Arroyo Grande ground water basin possibly being larger than what is believed at this time, and City Manager Adams said the matter would be discussed at the next General Plan Update meeting on August 16, 2001. Mayor Lady asked staff for some insight on the Vanderveen property history. Mr. Strong said the Vanderveen land does not fit the criteria for a "widowed parcel" and therefore has not been given the chance to be considered for conversion from agriculture. He said before he became the General Plan consultant, three or four property owners in the Branch Mill Road area had requested that their land be given consideration and the City had denied their requests. Council Member Runels said Mr. Vanderveen had been denied a well and asked what is going to be the City's policy on agriculture wells in the future. Council Member Dickens said Mr. Vanderveen had been denied a well for domestic use, not agriculture use. Mr. Strong suggested if there is not enough ground water for Mr. Vanderveen, maybe the City could do some trade offs on water. After Mr. Strong brought up for comparison a parcel on Farroll Road, Mayor Pro Tem Ferrara said that the criteria for the Council looking at that property were the limitations created the quality of the soil. He said the Council referred directly to the CASP Study and the fact that the soils there could only grow strawberries. He also said adjacent residents objected to the use of one special pesticide on the strawberries. 6. ADJOURNMENT At 10:56 p.m. Mayor Lady continued the Public Hearing to a Special Meeting on Thursday, August 16, 2001, at 6:30 p.m. in City Council Chambers, 214 E. Branch Street. Michael A. Lady, Mayor Attest: Nancy A. Davis, City Clerk 8.f. MEMORANDUM TO: CITY COUNCIL RICK TerBORCH, CHIEF OF POLlC~ FROM: SUBJECT: AUTHORIZA TION TO PURCHASE TWO REPLACEMENT IN-CAR VIDEO SYSTEMS DATE: AUGUST 14, 2001 RECOMMENDA TION: It is recommended that the City Council authorize staff to purchase two (2) replacement Kustom Signal Industrial Grade Patrol Car Surveillance Systems, for a total cost of $8,690, including tax and delivery. FUNDING: The FY 2001-02 Police Department Budget includes $12,700 for the purchase of two (2) replacement in-car video systems. The recommended purchase is $4,010 under the budgeted amount. DISCUSSION: The City Council authorized an appropriation in the FY 2001-02 Budget for the replacement of two (2) in-car video systems. The systems to be replaced were originally purchased in 1996 and are approaching five (5) years of intensive usage. Given the extent of the usage, the systems are undergoing frequent repairs and are becoming unreliable. The in-car video systems have proven their value by documenting incidents for prosecution in court, training, and protection from civil liability. Four (4) in-car video systems were replaced in FY 2000-01. These replacement units are the same as those recommended in this report, the Kustom Signal Industrial Grade Patrol Car Surveillance System. These units have proven to be highly reliable and are the same units that the California Highway Patrol is installing in its entire marked fleet. With the acquisition of these two (2) systems, the entire Police Department fleet will be equipped with the Kustom Signal in-car video equipment. We are able to purchase these systems through the State of California, BID NO. 48956, PO NO. 56337 (Attachment "A"). The total cost using the State purchase price is $8,690, including tax and shipping. This results in a significant savings and is approximately $3,400 less than if purchased outside of the State price. Given the fact that 1) the Police Department is currently utilizing seven (7) of the Kustom Signal in-car video systems in its fleet and that these units perform very well, and 2) the same equipment can be obtained through the State bid at a substantial discount, no bids were obtained from other in-car video system manufacturers. AL TERNA TIVES: The following alternatives are provided for the Council's consideration: - Approve staff's recommendation; or - Do not approve staff's recommendation. , B3/Apr/2BBl B7:24 PDT FROM: Concord Fax Seruice TO: DICK RAYBURN PAGE: BB2 ATTACHMENT ftAft 1(((((((( Quotation Page 1 of 1 KUnGM SIGNALS, INC A SUBSIDIARY OF PUBUC SAFETY EQUIPMENT. INC 9325 Pftumm. Lenua KS 66215-3347 913-492-1400 Fax 913-492-1703 sales@}kustomsignals.com www.kustomsignals.com Date 4/312001 To... DICK RAYBURN Quote # 3740999342507 ARROYO GRANDE POLICE DEPT Terms Net 30 This Quote Expires on 10/0112001 200NHALCYONRD Phone 805-473-5100 ARROYO GRANDE CA 93420-2525 Fax 805-473-2198 Item Qh:: Product Description Unit Price SubTotal 1 U ClIP PRICE - BID NO 48956, PO NO 56337 U 2 2 EYEWITNESS INDUSTRIAL GRADE PATROL CAR SURVEILLANCE SYSTEM, 4,295.00 $8,590.00 HEATED VAULT TYPE LOCKER, VHS RECORDER, OVERHEAD CONSOLE WIINTEGRATED CONTROL CENTER AND COLOR MONITOR, COLOR CAMERA W!M:OTORIZED 12:1 ZOOM 3 UNIT PRICE INCLUDES IN CAR MIC, TONE CODED SQULECH, SHIPPING AND HANDLING 4 2 TAPE GUARD 50.00 $100.00 5 CA SALES TAX @ 7% 608.30 Total $8,690.00 Si~nature ~~ t) Title INSIDE SALES REP DONNA BERGER - dber~er~kustomsi~nals.com 9325 PFLUMM RD LENEXA, KS 66215-3347 " , 8.g. MEMORANDUM TO: CITY COUNCIL RICK TerBORCH, CHIEF OF POLlc4 FROM: SUBJECT: AUTHORIZATION TO PURCHASE TWO (2) REPLACEMENT UNMARKED POLICE DEPARTMENT VEHICLES DATE: AUGUST 14, 2001 RECOMMENDATION: It is recommended that the City Council authorize staff to purchase two (2) replacement unmarked Police Department vehicles from Mullahey Ford for $36,176, including tax. FUNDING: The FY 2001-02 Police Department Budget includes $42,000 for the purchase of two (2) replacement unmarked cars. The recommended purchase is for $36,176. Additionally, there will be approximately $1,800 for the acquisition and installation of emergency equipment which is included in the budgeted amount. This, combined with the purchase price of the vehicles, is approximately $4,024 under the budgeted amount. DISCUSSION: On July 24, 2001, the City Council authorized staff to solicit bids for replacement of two (2) unmarked Police Department vehicles. Replacement vehicles were to be mid- sized sedans equipped for police use. Staff obtained bids from four (4) dealers (Attachment A). The bids are as follows: Mullahey Ford Ford Taurus $36,176.00 Arroyo Grande Christianson Chevrolet Chevrolet Malibu $37,314.00 Arroyo Grande Downey Ford Ford Taurus $34,985.00 Downey, CA Fairway Ford Ford Taurus $36,365.00 Placentia, CA All bids include a 3 year, 36,000 mile warranty. All dealers have the vehicles ready for immediate delivery. Downey Ford is the low bid. However, when the 5% Local Preference Option is applied, the Mullahey Ford bid is reduced by $1,809, resulting in an adjusted bid of $34,367. Given the Local Preference Option, MuJlahey Ford becomes the low bid. The non-adjusted bid from Mullahey Ford is approximately $5,824 less than the budgeted amount. The budgeted amount also includes the acquisition and installation of emergency equipment such as lights, siren, radio installation, secured weapon racks, etc. Upon factoring in the acquisition and installation of the emergency equipment (approximately $1,800), the total cost to purchase and equip the vehicles is approximately $4,024 under the amount budgeted for the vehicles. AL TERNA TIVES: The following alternatives are provided for the Council's consideration: - Approve staff's recommendation; - Do not approve staff's recommendation; or - Modify as appropriate and approve staff's recommendation. Attachment ~ 11 ~C\\"'Etn " ~" -'6 1.0 <r' 0 -0 .-I .' . \J') 0'\ ~ ~ .-I tI) 0) 0 ~ <r' . 0) 0 \t> +> 0 0'\ . <r' .,-\ tu CO ~ .,-\ o' ,-\ N \t> ~ . .-I \ .. CO (of) 0. ';>-\ 0'\ p.a 0 ,-\ ,-\ - 0'\ % eG r ~ 0'\ IJ'T .. .\t> ~ \J') 0) .+> CO (of) 0' .,-\ .. ,-\ tJ) ~ - t: \t> .. .,-\ <r' ~ => ,-\ ~ *" eG ,-\ eG *" tu \t> *" ~ 0 0 0 -0 . . 0 ~ ~ .. 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CO 0 0 ., . U> 0 .,-\ .,.1 C ~ !J) (I) .-I U> ~ U> -0 ) ,\J ,\J ".-I C 0 C'1. 0 . ~ ~ 0 . ;>1 CO U> CO .,-\ . C'1 U> o ? (I) !J) (I) U> ,\J ~ ~ ~ ~ .,-\ to r-\ U> ~ ~ \04,....1 ,....I .,-\ 0 \ !J) p.. ~ .-I 0'\ 0'\ t-I \04 CO C ~ ,\J ~ (j\ .,.1 ~ ~ I'!.,;:> (,:) ~ .tJ ~ * (j\ .-I ~ !J) ';:> (j\ ~ ~tu ? (I) <S' 5 .,.1 (,:) .-I C'1 )t- o .,-\ C .-I * 0 o C \ ~% en ~ 5 * ., * C'1 5 p ~ 0 0 .-I .,-\ CO JJ. CO ,\J ,.., .,.1 r-\" 0 r-' !J) ,v,I) \ .,.1 CO r- O)t- c:a C U.tJ .' p.. 0 t-I 0 -0 ._ ..r\ 6 (I) ,\JCI ., .' $ ~ ~ C ., ~ to (I);; (I) &; ., ~ pc:a c ,... - ~ 0 .tJ ~ 0 ~ ~-o .' .,.1 - p.. .~ ~ -0 .j.J 0..(1) 56 (I) ~ Q) .tJ ~ 0 0 (I) (I)~ '> ClCO C ,....I 0 ,\J (I) 6 6 ~ .tJ to ~ (I) CI '?' r-' 0.. ~ .,-\ p.. :~. !, -. Q) (I) .' 0 !J) 0' ~ ~ ~ CO C .. (I) [) % 0 c ., r-' c',.I 0 ,... C ~ o.tJ .,-\ ';:> ? 0 ,\J ,... ~ .,.1 to .tJ (I) -,-\ B ~ , .tJ .tJ .~ [) ~ ,,\J (I) ~ -- CO 0 CO 0 ';:> +66 ~ ,....I ,\J 0 .,-\ .,-\ 0 .-I to 0 !J) r-\ r-' 6(1) !J) 0 $ 6 .,.1 (I) Q) 0 CI CI ,... C 0 ~ ~ cO (I) (I)"c c:a ';:> .tJ0.. r-\ .,-\ ,\J(I) CO .t: . ,....I .,.1 ,....I ~ .tJ ~\ 0 (I) ~(I) 0 . ~CI ~r-' .j.J .-I \ r-' U\ ~\ t-I \ \ -- \ ~~ \ -- - a.h. MEMORANDUM TO: CITY COUNCIL FROM: DANIEL C. HERNANDEZ, DIRECTOR PARKS, RECREATION AN~ FACILITIES. SUBJECT: CONSIDERATION OF AWARD OF BID - PARKS DIVISION VEHICLE DATE: AUGUST 14,2001 RECOMMENDATION: It is recommended the City Council award the bid to Santa Maria Ford for the purchase of a 2002 F-150 half (1/2) ton regular cab pick up truck in the amount of $17,602.38. FUNDING: In the Fiscal Year 2001-02 Recreation Administration budget, $25,000 was allocated for the purchase of a new vehicle to replace P-28 (1978 3/4 ton truck). DISCUSSION: The current vehicle is a 1978 Ford three-quarter (3/4) ton pick-up currently valued at less than $1,500 with repair expenditures in FY 2000-01 exceeding $2,000. Replacement of the current vehicle is in compliance with the City Equipment Replacement Policy C-007 (Attachment 1). A total of five bids were received. The bid from Santa Maria Ford included a 6-year/75,000 mile extended warranty (valued at $750) and was the lowest complete bid. Mullahey Ford submitted the next lowest bid at $18,514.93. Taking into account the 5% preference to local vendors, the adjusted bid for Mullahey Ford is $17,589.21, resulting in a lower bid of $12.92 pursuant to Purchasing Policies and Procedures Manual. However, the warranty offered by Mullahey is a 6-year/70,000 mile, which is less than the 6-year/75,000 mile warranty offered by Santa Maria Ford. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Approve staff's recommendation; - Modify staff's recommendation; - Do not approve staff's recommendation; - Provide direction to staff. Attachments: Policy #C-007 (Attachment 1) Bid Specifications (Attachment 2) Bid Sheet (Attachment 3) S:\StaffRpt\AwardbidP28.813 Attachment 1 CITY OF ARROYO GRANDE ADMINISTRATIVE POLICY AND PROCEDURES POLICY #: C-007 SUBJECT: EVALUATION CRITERIA FOR REPLACEMENT OF SPECIALIZED EQUIPMENT/MACHINERY ISSUED: 6/1/96 .' EFFECTIVE: 6/1/96 CANCELLATION DATE: N/A SUPERSEDES: NEW .. .- POLICY: Equipment is currently capitalized if the value of the item at the time of purchase exceeds $500. Replacement of capital equipment must be authorized 'py the City Council. Criteria for evaluating when replacement should occur is listed below. The recommendation for replacement should be. a composite evaluation utilizing the criteria listed coup~ed with the actual condition of the equipment. _,'!i:;':::'.' General Criteria: * Age of the equipment * Maintenance history of the equipment * Condition of t~~ equipment Specific criteria: Acre - Standard;zed gstimated useful life. which mav varv deDendincr on quality and usacre. * Dump Truck - 15 years * Service Truck (1 Ton and 5 Ton) - 15 years * Backhoe - 10 years * Generator - 20 years * Portable Generator ,- 10 years * Trash Pump - 15 years * Vibrating Rammer - 10 years * Boring Machine - 20 years * Valve Machine - 10 years * Tapping Machine - 20 years * Hydraulic Breaker - 15 years * Hydraulic Sump Pump - 15 years * Bank Saw - 20 years * CUt Off Saw - 10 years * Radial AIm Saw - 20 years * Chain Saw - 4 years * Concrete Saw - 10 years * Table Saw - 20 years * Leak Detector - 20 years * Hydraulic Hoist - 15 years * Pipe Locator - 15 years * Hydraulic Impact Wrench - 10 years POLICY #: C-007. PAGE 2 * Vactor Jet Rodder - ~O years * Gas Detector - ~O years * Concrete/Asphalt Grinder - ~5 years * Walking Striper - 20' years -* Pesticide Sprayer, mobile - ~Q years ... Paint Shaker - 20 years * Tamper - 7 years * Weed Eater/Brush Cutter - 4 years * Vibrating Roller - ~5 years * Air Compressor A mobile - ~O years * Jackhammer - 5 .,years * Arc Welder - 20 years * Tire Changer - ~O years * Wheel. Balancer - ~5 years * ~" Impact Wrench - ~o years * Hydraulic Jack - ~O years * Front-end Loader- ~5 years * Motor Grader - 20 years * Line Striper - 20 years * Vehicle and Equipment Trailer - 20 years * Crack Sealer - ~5 years * Asphalt Spreader Box - 20 years * Small Equipment Trailer - 15 years * Concrete Mixer - 20 years * Brush Chipper - ~5 years * Drill Press - 20 years * Hand-held Blower - 3 years Maintenance Historv * Recommendation by. maintenance personnel that equipment is not economically repairable * Does not meet current safety needs Condition * Hazardous or dangerou~ for the employee, to use. * Broken parts that are not adequately repairable * Replacement parts not available * No longer able to ftL~ction in accord with its intended use due to damage, age, or altered requirements KoL-{(jL. . f{ Lt:ul" ROBERT L. HUNT CITY MANAGER Attachment 2 CITY OF ARROYO GRANDE PARKS, RECREATION & FACILITIES DEPARTMENT JULY 11, 2001 BID NOTICE The City of Arroyo Grande Parks, Recreation and Facilities Department is requesting bid proposals for one new 2001 % ton regular cab pickup truck which meets the following specifications: SPECIFICATIONS: 1. Fuel injected V-8 engine, gasoline 2. 6400 GVWR minimum 3. 133" - 139" wheel base 4. Automatic transmission 5. 8' cargo box 6. Fleet-side body I 7. Tinted windshield 7;fr- 8. Front bumper with license plat~ bracket 9. Back bumper with license plate bracket 10. Power steering 11. Power brakes 12. Bench seat, fabric. 13. Cargo area lamp 14. Interior rearview mirror 15. Air conditioning 16. AM/FM radio 17. Sun visors 18. ~olt meter, oil pressure gauge, engine temp gauge, tachometer 19. Spare t[re and wheel (steel) 20. Exterior mirrors (driver and passenger side) 21. Intermittent windshield wiper system 22. Mechanical jack and wheel wrench 23. Paint color: white 24. Seat belts for three (3) passengers 25. Truck shall de delivered within sixty (60) days of order date 26. Extended warranty: 6 year/70,000 miles/bumper to bumper/$O.OO deductible All proposals shall include all applicable taxes and delivery charges. All proposals shall be sealed and on company letterhead with the envelope marked "Pickup Truck". Please submit your sealed bid to: City of Arroyo Grande Attn: Kelly Wetmore, Administrative Services Director PO Box 550 Arroyo Grande, CA 93421 Attachment 3 - - BID OPENING LOG SHEET CITY OF ARROYO GRANDE BID OPENING: August 3, 2001 Parks and Recreation Truck 'BIDDER"S NAME. CITY TOTAL WARRANTY Iversen Motor Co. $18,682.38 Included Santa Maria Ford $17,602.13 Included Jerry Reneau Paso Robles $18,540.65 Included Mullahey Ford $18,514.93 Included Perry Ford $19,113.15 Included ~~ Mary Bass ' ~ Deputy City Clerk c: Director of Parks, Recreation, and Facilities City Manager a.i. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: CONSIDERATION OF AWARD OF BID - PUBLIC WORKS Yz-TON PICK UP TRUCK DATE: AUGUST 14, 2001 RECOMMENDA TION: It is recommended that the City Council award the bid of $23,227.21 from Mullahey Ford for a %-ton pick up truck for the Public Works Department. FUNDING: Funding for this vehicle is included in the FY 2001/02 budget. A total of $27,000 was budgeted in account # 010-4301-6301. DISCUSSION: On July 10, 2001, the City Council authorized the Public Works Department to solicit bids for a %-ton pick up truck to replace City Vehicle PW-21. The proposed replacement vehicle was specified as a %-ton pick up truck capable of carrying four (4) passengers and having sufficient space for tools and equipment to more adequately provide for the needs of the Streets Supervisor in the Public Works Department. The Public Works Department sent out five (5) bid notices and only received three (3) responses. The lowest bid was received by Mullahey Ford. AL TERNA TIVES: The following alternatives are provided for the Council's consideration: - Approve staff's recommendation and award the bid; - Do not approve staff's recommendation; - Modify staff's recommendation as appropriate and approve; or - Provide direction to staff. Attachment: Bid Opening Log Sheet Attachment 1 BID OPENING LOG SHEET CITY OF ARROYO GRANDE BID OPENING: July 24, 2001 Public Works Truck BIDDER"S NAME. CITY TOTAL WARRANTY Paso Robles GMC $25,033.08 $1,495.00 Mullahey Ford $23,227.21 Included Christianson Chevrolet $23,700.00 + taxi license $994.00 ~ IAk~ Kelly etm re Director of Administrative Services c: City Manager a.j. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: CONSIDERATION OF DISADVANTAGED BUSINESS ENTERPRISE (DB E) PROGRAM FOR FFY 2001/02 DATE: AUGUST 14, 2001 RECOMMENDATION: It is recommended the City Council approve the submittal of the FFY 2001/02 DBE Program with "established" Overall Annual DBE Goal to Caltrans by September 1, 2001, FUNDING: It is anticipated that the following Federal-aid highway funds will be expended for the City in FFY 2001/02: . Bridge Street Bridge Replacement (design) - Highway Bridge Replacement and Rehabilitation Program (HBRR) funds in the amount of $37,500. . Traffic Way Bridge Barrier Rail Replacement (all phases of work) - Highway Bridge Rail 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: On May 22,2001, the Council approved the submittal of its FFY 2001/02 DBE Program with a "proposed" Overall Annual DBE Goal of 9% to Caltrans. Caltrans reviewed the City's DBE Program with "proposed" Overall Annual DBE Goal and instructed the City to begin its public review process. On May 22, 2001, the Council also directed the Director of Administrative Services to publish a public notice in the local newspaper in accordance with Section XIV of the DBE Program. The notice was published on June 15, 2001 and the public comment period ended July 30, 2001. There were no public comments received by either the City or Caltrans. Since there was no public comment received, it is recommended the Council approve the City's FFY 2001/02 DBE Program with an "established" Overall Annual DBE Goal of 9%. The City's FFY 2001/02 DBE Program with "established" Overall Annual DBE Goal, proof of publication, and summary of the public participation process and comments are to be submitted to Caltrans by September 1,2001. -------- AUGUST 14, 2001 DISADVANTAGED BUSINESS ENTERPRISE (DB E) PROGRAM FOR FFY 2001/02 PAGE TWO AL TERNA TIVES: The following alternatives are provided for the Council's consideration: - Approve staffs recommendation; - Do not approve staffs recommendation; - Modify as appropriate and approve staffs recommendation; - Provide direction to staff. Attachments 1. Letter to Caltrans with "established" overall annual DBE goals. 2. Final Disadvantaged Business Enterprise (DBE) Program for FFY 2001/02. jep:232.0001 (19}\00.01 DBE\Staff.Report.8, 14.01 ,wpd (City of Arroyo Grande Letterhead) August 15, 2001 Mr. Jerald T. Gibbs, Local Assistance Engineer Caltrans District 5 50 Higuera Street San Luis Obispo, CA 93401 Subject: Established Annual Overall Disadvantaged Business Enterprise (DBE) Goal Information 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 have established 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. Methodology 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 City of Arrovo 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 measured the 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 August 15, 2001 Page 2 Application of this formula yielded the following baseline information: Number of Readv. Willing and Able DBE's = BASE FIGURE Number of All Ready, Willing and Able Firms The Base Figure resulting from this calculation was determined to be 9%. 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 ~y 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 other support 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 Program Updates N/A. Public Participation Process The City of Arroyo Grande has completed its public participation process. A public notice was published on June 15, 2001 in the Five Cities Times-Press-Recorder. The City made available to the public a copy of its FFY 2001/02 DBE Program with "proposed" Overall Annual DBE Goal for 30 days following the date of publication. In addition, the City allowed 45 days following the date of publication (or July 30,2001) to receive public comment. No comments were received by either the City or Caltrans District 5. A copy of the public notice with proof of publication is included with this letter. Please contact me at (805) 473-5440 or Jill 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 Attachment: Proof of Publication jep:232.0102{19}\01 ,02DBE Program\Established.GoaI.Ltr.wpd ..., "."............ ( '"- - PROOF OF PUBLICATION This space for the County Clerk's Filing Stam[) (2015.5 C.C.P.) - STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of the Five Cities TIMES-PRESS-RECORDER, a combination of Pismo Times, Grover City Press and Arroyo Grande PROOF OF PUBLICATION OF Herald-Recorder, a newspaper of general circulation, ,PUBLIC NOTICE published in the City of Arroyo Grande, County of San N~~.Y Luis Obispo, C:ilifornia, and which newspaper has been ,G N. that the City of adjudged a newspaper of general circulation by the 'Arroao Grande has estab- 1ishe '. an ,Overall 'Annual Superior Court of San Luis Obispo, State of California, ~ Disadvant~:;,"Business En,terpl'ise. , ; a~Cable to under the date of December 17, 1951, Case Number contractin~ . ,'op rtunities scheduled oar awarded dur- 18811; that the notice of which the annexed is a printed Paste Clipping of Notic f&pte~Jk .s1PTg:rJ: ,Space 2002.TIte Clty.o Arroyo copy (set in type not smaller than nonpareil), has been Grande s ProMsed Overall Annual Goal and its rationale were deve= in resronse to published in each regular and entire issue of said U.S.', pmmen of Triln~rtittion's New newspaper and not in any supplement thereof on the Disa vantaged Business Ente;?Kise Program Final Rule -.9 C~ Part 26) and are following dates, to-wit: avail . Ie ~ insm:;.tion. for thirty PO} , ~s fo lowin\ the June 15 date 0 this otice. from :00 a.m. to, 5: ~.m., Pacific ~li~t,; ,Monday uti Fnday, at our rorincl- pal p ace of liusiness ocated 8' ". "",'" lof Arroyo "Grande ,'. .. \\1ce; of 'Administrative Services "to <, " 214 East aranCh Street Arro~O ,~ ,ramie, California 934 ,',' all'in the year 2O-Ol.- . Phon~: ~) 473-S400 Web Ass:. www.arroyo- ~~~<~iUbeaccef.1ed ~ the Goal for f~fivF 4~) ayrfromtheda ots I certify (or declare) under penalty of perjury that the Notice. Comments can be or- : warded to the ,CI~of Arroyo j Grande at the. a ve stated foregoing is true and correct. address or to Jerald T.Gibbs, District ,Local Assistanch ~rrt...... DtsafCt s. ' \ bO iguera ~ San luiS: -1>jsp<>, California 93~1. .. __ Dated at Arroyo Grande, California, !fu!~t,~01~ 9J:Yd~t 'I . u3f. 2OO'i 'M" ". 19th day of June 01 : Ke yWem'", this 20 ~o AdriUnistrative " ! , - ServIC~~ Ci1! Clerk No. 90785. . 1 ,June 15. 2001. ~~~ / Signature . PROOF OF PUBLICATION 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 August 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 926.5. II. ObjectiYes/Policy Statement (9926.1, 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 DBE Program for FFY 2001/02 Page 1 August 2001 III. Nondiscrimination (926.7) 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 (926.21) 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 (926.43) 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) (926.45) 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 two support personnel who will devote a portion of hisl 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 DBE Program for FFY 2001/02 Page 2 August 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 proposals 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 OBE training seminars. 13. Provides outreach to OBEs 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 or the 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 DBE Program for FFY 2001/02 Page 3 August 2001 VIII. DeE 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 ofthese 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 (926.31) 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.qov/hq/bep. X. Overconcentration (926.33) 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 (926.35) The City of Arroyo Grande does not have a business development or mentor-protege program. Ifthe 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 (9926.13, 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 ofthis 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 as recipient deems appropriate. City of Arroyo Grande DBE Program for FFY 2001/02 Page 4 August 2001 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 Retainage 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 (926.37) 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. When the RE receives the completed 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 City of Arroyo Grande DBE Program for FFY 2001/02 Page 5 August 2001 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 16-1 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 Monitoring 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 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. City of Arroyo Grande DBE Program for FFY 2001/02 Page 6 August 2001 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 Keeping and Final Report Utilization of Disadvantaged Business Enterprises 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 firms. 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: . 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. City of Arroyo Grande DBE Program for FFY 2001/02 Page 7 August 2001 The local agency's Liaison Officer will keep track of the DBE certification status on the Internet at www.dot.ca.gov/hq/bep 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 that 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 926.109. The City of Arroyo Grande also will consider similar action under our own legal authorities, including responsibility determinations in future contracts. XIV. Overall Goals (926.45) Amount of Goal The City of Arroyo Grande's overall goal for the Federal fiscal year FY 2001/02 is the following: 9% ofthe Federal financial assistance in FHWA-assisted contracts. This overall goal is broken down into 5% race-conscious and 4% race-neutral components. Methodology 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. 1. DOT-Assisted Contracting Program for FVY 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 DBE Program for FFY 2001/02 Page 8 August 2001 Engineering Services 541330 $ 60.300 22% - Bridge Street Bridge (HBRR) $ 37,500 - Traffic Way Bridge Rail (HBRR) $ 22,800 Bridge & Tunnel Const 234120 $ 100.100 36% - Traffic Way Bridge Rail (HBRR) $ 100,100 Roadway Construction 234110 $ 118,400 42% - Rodeo Drive (FHWA-ER) TOTAL $ 278,800 100% 2. Goal-methodology Step I: 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: All 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, Willing 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) Firms in 541330 Firms in 234120 Firms in 234110 City of Arroyo Grande DBE Program for FFY 2001/02 Page 9 August 2001 Base Figure = { .22(0) + .36(0) + .42(2) } (0) (0) (9) Base Figure = [ .22(0) + .25(0) + .42(.22) ] Base Figure = [ 0 + 0 + .093 ] x 100 Base Figure = [ .093] x 100 = 9% Step II: Adjusting the Base Figure 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 performthemselves; and providing technical assistance, and other support 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 ofthe notice. Advertisements in newspapers, minority focus media, trade 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. City of Arroyo Grande DBE Program for FFY 2001/02 Page 10 August 2001 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 B of this DBE Program. XV. Contract Goals (926.51) 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 of 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 (926.49) 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: httD ://osd buweb. dot. gov /prog rams/d be/d be. htm. XVII. Good Faith Efforts (926.53) Information to be Submitted The City of Arroyo Grande treats bidders'/offerors' compliance with good faith effort 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 DBE Program for FFY 2001/02 Page 11 August 2001 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 DSE 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: Mr. Steven Adams, City Manager City of Arroyo Grande P.O. Box 550 214 East Branch Street Arroyo Grande, CA 93421 (805) 473-5404 City of Arroyo Grande DBE Program for FFY 2001/02 Page 12 August 2001 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 (926.55) 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 (926.83(a)) The City of Arroyo Grande ensures that only DBE firms currently certified on the Caltrans' directory will participate as DBEs in our program. City of Arroyo Grande DBE Program for FFY 2001/02 Page 13 August 2001 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. Monitoring 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 ofthe City of Arroyo Grande, Caltrans, or FHWA. This reporting requirement also extends to any certified OBE 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 Qr exceeds the dollar amounts stated in the schedule of DBE participation. Reporting 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. Confidentiality The City of Arroyo Grande will safeguard from disclosure to third parties information that may reasonably be regarded as confidential business information, consistent with Federal, state, and local laws. This Disadvantaged Business Enterprises Program is approved by: Steven Adams Date City Manager This Disadvantaged Business Enterprises Program is accepted by: Jerald T. Gibbs Date Caltrans District 5 Local Assistance Engineer City of Arroyo Grande DBE Program for FFY 2001/02 Page 14 August 2001 A TTACHMENT A ORGANIZA TIONAL CHART THE ELECTORS I MAYOR AND CITY COUNCIL I CITY MANAGER Steven Adams I PUBLIC WORKS DEPARTMENT Don Spagnolo, P. E. Director/City EngineerlDBELO I I I - Vacant- Jill E. Peterson Associate Civil Engineer/ Sr. Consultant Engineer! DBE Support Staff DBE Support Staff City of Arroyo Grande DBE Program for FFY 2001/02 Attachment A - Page 1 August 2001 APPENDIX A TO PART 26 GUIDANCE CONCERNING GOOD FAITH EFFORTS I. 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 sufficientfor 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. II. 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 pro 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 (Le., 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 bea 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 at 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 2001/02 Appendix A - Page 1 August 2001 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 finding 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, supplies, materials, or related assistance or services. City of Arroyo Grande DBE Program for FFY 2001/02 Appendix A - Page 2 August 2001 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 August 2001 DBE Program for FFY 2001/02 Appendix A - Page 3 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 IPolicy Statement (9926.1, 26.23) At the end of the first paragraph, add the following: The Agency recognizes that certain modifications are necessary to adapt 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 4109 requires subcontractors to be identified 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 (926.37) At the end of the first paragraph below "After Contract Award", add the following paragraph: After Design-Build Contract A ward 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. Following 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 goal 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 goal. 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 2001/02 Appendix B - Page 1 August 2001 At the end of the first paragraph below "Preconstruction Conference", add the following sentence: The contractor will promptly provide the Agency with the information required by the form entitled "Local Agency DBE Information" upon selection of any DBE or other subcontractor not previously identified by the design-build contractor. During the course of the contract, differences must be explained and resolved by either making co"ections or requesting a substitution. At the end of the fourth paragraph below "Construction Contract Monitoring", add the following paragraph: The contractor will 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 also include a na"ative 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 whether the contractor is behind target (stating the amount of the deficit). XVII. Good Faith Efforts (926.53) 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 for achieving 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 proposal 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 by: Steven Adams Date City Manager City of Arroyo Grande DBE Program for FFY 2001/02 Appendix B - Page 2 August 2001 This Disadvantaged Business Enterprises Program for design-build contracts is accepted by: Jerald T. Gibbs Date Caltrans District 5 Local Assistance Engineer City of Arroyo Grande August 2001 DBE Program for FFY 2001/02 Appendix B - Page 3 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. EXPLANATION OF PUBLIC NECESSITY OR EMERGENCY: B. FACTS CONSTITUTING THE PUBLIC NECESSITY OR EMERGENCY: C. FINDINGS: D. RESOLUTION FOR SUBSEQUENT IDENTIFICATION OF SUBCONTRACTORS: E. ADOPTION OF PROCEDURE TO BE USED BY DESIGN-BUILD CONTRACTOR FOR SUBSEQUENT IDENTIFICATION OF SUBCONTRACTORS: F. CERTIFICATE OF SECRETARY 1. MOTION MADE AND DATE 2. VOTING RESUL TS 3. SIGNATURES: (a) (Secretary) (b) (Chairperson) City of Arroyo Grande DBE Program for FFY 2001/02 Appendix C . Page 1 August 2001 8.k. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER~ SUBJECT: SUMMARY V ACA TION OF A PORTION OF A DRAINAGE AND PUBLIC SERVICE EASEMENT ADJACENT TO PEARWOOD AVENUE DATE: AUGUST 14, 2001 RECOMMENDATION: It is recommended the Council adopt the attached resolution summarily vacating a portion of an existing drainage and public service easement. FUNDING: No fiscal impact. DISCUSSION: Tract 176 is a residential subdivision located on the north side of Huasna Road, and bordering the City limits. Eighteen lots border Pearwood Avenue adjacent to the City limits. Along the back of these lots is a 15 foot wide drainage and public utility easement. This easement was offered to the public on the recorded tract map and accepted by the City Council on April 25, 1962. The City has received a written request from Jens and Loretta Wagner to abandon a minimum of three feet of the easement in order to accommodate construction of a small addition to their residence. The City has also received other requests to abandon all or part of this easement. Upon review of the site, staff has determined that with the construction of the underground storm drain pipe and refurbishment of the above ground swale, the southwesterly five feet of the easement is no longer needed for the detention basin. Also based on review by the utility companies, vacation of this portion of the easement does not affect operations of existing utilities. It should be noted that the existing fence is located to exclude the five foot (5') area intended to be vacated. Therefore, staff recommends that this five foot wide portion of the drainage easement be vacated. Section 8333 (a) of the Streets and Highways Code allows a local agency to summarily vacate a public service easement that has not been used for the purpose for which it has been dedicated for a period of five years preceding the proposed vacation. As stated above, this easement has not been used during the last five years, and therefore may also be summarily vacated. The 15 foot wide easement is both a public drainage easement and a public utility easement. The summary vacation of the southwesterly five feet (5') will apply to both easements. The City has notified all of the affected utility companies of the intention to summarily vacate. AL TERNA TIVES: 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. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE SUMMARILY VACATING A PORTION OF AN EXISTING PUBLIC DRAINAGE AND PUBLIC SERVICE EASEMENT LOCATED ADJACENT TO PEARWOOD AVENUE WHEREAS, on April 25, 1962, the City Council accepted a 15 foot wide public drainage and public utility easement as a part of approving Tract 176 in the City of Arroyo Grande; and WHEREAS, the Streets and Highways Code, Section 8330 et seq. allows a local agency to summarily vacate a public service easement if the easement has not been used for the purpose offered, during the five years preceding the proposed vacation; and WHEREAS, a five foot wide portion of the public drainage and public utility easement has not been used for public drainage or for public utilities; and WHEREAS, owners of the properties have requested the abandonment of the unused portion of the easement. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby summarily vacates the portion of the existing public drainage and public service easement as described in Exhibit A and shown graphically on Exhibit B. 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 day of 2001. RESOLUTION NO. PAGE 2 MICHAEL A. LADY, MAYOR ATTEST: KELL Y WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY EXHIBIT A LEGAL DESCRIPTION FOR SUMMARY V ACA TION OF A PORTION OF AN EASEMENT That portion of a 15 feet wide public drainage and public utility easement shown on Tract 176 as recorded April 25, 1962 in Book 6 of Maps at Page 77 in the office of the County Recorder of the County of San Luis Obispo, State of California. Said 15 feet wide public drainage and public utility easement being the northeasterly 15 feet of said Tract 176. Said portion to be vacated being the southwesterly 5 feet of said 15 feet wide drainage easement. EXHIBIT B V ACA TION OF EASEMENT VI ~ EXISTING 15 FT. 29 ~ PUBLIC DRAINAGE AND ~ PUBLIC UTILITIES ..\11 EASEMENT V1 VI 5 FT. PORTION OF ~ 28 ~ DRAINAGE AND PUBLIC UTILITIES EASEMENT f".- ~ TO BE VACATED ... m 27 OJ L() 2 . 0 co ~ ~ . w VI > co ~ <( f".- ~ . ~ 14 ~ w 0 ~ ~ ... 0 U VI 0 0 <( VI n VI 0 5: er:: 13 ~ n cr ~ ~ L[) <( N .,.f W . (f) CL 1 2 S HUASNA RD. 40' 0' 40' ~ I SCALE: ," = 40'-0" 8.1. MEMORANDUM TO: CITY COUNCIL FROM: KERRY McCANTS COMMUNITY DEVELOPMENT DIRECTOR BY: '\\~, KELLY HEFFERNON ASSOCIATE PLANNER SUBJECT: ADOPTION OF RESOLUTION APPROVING CONDITIONAL USE PERMIT CASE NO. 99-013 TO CONSTRUCT FIVE (5) PROFESSIONAL OFFICE BUILDINGS, AND VARIANCE CASE NO. 01-001 TO DEVIATE FROM THE MAXIMUM WALL HEIGHT REQUIREMENT; NORTHWEST CORNER OF CAMINO MERCADO AND WEST BRANCH STREET; STEPHEN COOL AND GARY WHITE DATE: AUGUST 14, 2001 RECOMMENDA TION: Staff recommends the Council 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. 99-013 and Variance Case No. 01-001. FUNDING: No fiscal impact. BACKGROUND: At its meeting of July 10, 2001, the City Council tentatively approved Conditional Use Permit Case No. 99-013 and Variance Case No. 01-001, and directed staff to return with a supporting resolution of approval. DISCUSSION: Pursuant to Council action and direction at its July 10, 2001 meeting, attached for the Council's consideration is a resolution approving Conditional Use Permit Case No. 99-013 and Variance Case No. 01-001. Staff has re-confirmed that the project complies with applicable building height regulations. City Council August 14, 2001 CUP 99-013; VAR 01-001 Page 2 of 2 ALTERNATIVES: The following alternatives are provided for the Council's consideration: 1 . Approve the resolution. 2. Do not approve the resolution. 3. Provide direction to staff. Attachments: 1 . Resolution of approval 2. Location Map A TT ACHMENT 1 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. 99-013 AND VARIANCE CASE NO. 01-001, LOCATED ON THE NORTHWEST CORNER OF CAMINO MERCADO AND WEST BRANCH STREET, APPLIED FOR BY STEPHEN COOL AND GARY WHITE WHEREAS, the City Council of the City of Arroyo Grande has considered Conditional Use Permit Case No. 99-013 and Variance Case No. 01-001, filed by Stephen Cool and Gary White, to construct five (5) professional office buildings and to deviate from the six foot (6') maximum wall height; and WHEREAS, the City Council has held a public hearing on these applications 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 City Council 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. RESOLUTION NO. PAGE 2 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. Variance Findings: 1. The strict or literal interpretation and enforcement of the maximum wall height regulation would result in practical difficulty or unnecessary hardship not otherwise shared by others within the surrounding area because a strict interpretation of the Development Code does not take into consideration the sloping topography of the project site. 2. There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties classified in the same zone. Specifically, the project site rises considerably from West Branch Street and requires a retaining wall to hold back the slope for any development on the property. A combination retaining wall and railing is necessary for safety purposes along the access driveway. Complying with the maximum six-foot (6') height limit would require excessive grading and oak tree removal. 3. The strict or literal interpretation and enforcement of the maximum wall height regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zone because other surrounding property owners have combination wall/fences of similar heights. 4. The granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone because surrounding properties have wall/fences of similar heights. 5. The granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 6. The granting of a variance is consistent with the objectives and policies of the General Plan and the intent of the Development Code. 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. RESOLUTION NO. PAGE 3 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. 99-013. 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 711.2 of the fish and Game Code or on the habitat upon which the wildlife depends as a result of development of this project. further, the 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. 99-013 and Variance Case No. 01-001, with the above findings and subject to the conditions, mitigation measures and monitoring program 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 4 MICHAEL A. LADY, MAYOR ATTEST: KELL Y 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 EXHIBIT" A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 99-013 AND VARIANCE CASE NO. 01-001 Stephen Cool and Gary White Northwest Corner of Camino Mercado and West Branch Street COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the construction of five (5) professional office buildings totaling approximately 24,300 square feet, and a deviation from the six foot (6') maximum wall height to allow up to a 14' wall height for the wall located along the north (rear) property line and up to a 13'-6" wall height for the wall located along the south (front) property line. 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. 99-013 and Variance Case No. 01-001. 3. This application shall automatically expire on August 14, 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 August 14, 2001 and marked Exhibits "B1 -B13". 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 6 7. Signage shall be subject to the requirements of Development Code Chapter 9- 13. 8. Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans except as specifically modified by these conditions. NOISE 9. Construction shall be limited to between the hours of 7 a.m. and 6 p.m. Monday through Friday and between 8 a.m. and 5 p.m. on Saturday or Sunday. WATER 10. 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 11. Solid waste pick-up location as identified is acceptable. 12. 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: 13. The applicant shall submit wall elevations identifying surface materials for review and approval by the Community Development Director. 14. 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 feet (5') of asphalt or concrete surfaces and curbs; 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. RESOLUTION NO. PAGE 7 4. Trees to be removed shall be replaced at a 3: 1 ratio with 15-gallon size native trees. 5. Permeable paving shall be placed in the parking area under the dripline of all existing oak trees to remain. PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY: 15. Development shall comply with Development Code Sections 9-10.070, "Fences, Walls and Hedges" (subject to approval of a Variance application); 9- 10.080, "Lighting"; 9-10.110, "Performance Standards"; and 9-10.120 "Screening Requirements". ARCHITECTURAL REVIEW COMMITTEE 16. 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. 17. All electrical panel boxes shall be installed inside the building. PARKS AND RECREATION DEPARTMENT CONDITIONS 18. The applicant shall comply with the provisions of Ordinance 431 C.S., the Community Tree Ordinance. 19. Linear root barriers shall be used at the front of the project to protect the sidewalks. 20. All street front trees shall be 24-inch box. POLICE DEPARTMENT PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY: 21. The applicant shall install a burglary alarm system per Police Department guidelines, and pay the Police Department alarm permit application fee. BUILDING AND FIRE DEPARTMENT 22. 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. 23. The project shall have a fire flow as determined by the Uniform Fire Code. The duration shall depend on the construction type. RESOLUTION NO. PAGE 8 PRIOR TO ISSUING A 'BUILDING PERMIT: 24. The applicant shall show proof of properly abandoning all non-conforming items such as septic tanks, wells, underground piping and other undesirable conditions. PRIOR TO OCCUPANCY: 25. The applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. 26. Fire hydrant(s) shall be placed in accordance with the Uniform Fire Code requirements. 27. The applicant must provide an approved "security key vault" per Building and Fire Department guidelines. 28. The building must be fully sprinklered per Building and Fire guidelines. 29. An opticom traffic signal pre-emption device shall be installed that meets Building and Fire Department requirements at the intersection of Camino Mercado and West Branch Street. PUBLIC WORKS DEPARTMENT GENERAL IMPROVEMENT REQUIREMENTS 30. Fees - The applicant shall pay all applicable City fees at the time they are due. 31. 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. 32. Encroachment Permit - The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. 33. Grading - All grading shall be done in accordance with the City Grading Ordinance. CONDITIONS REQUIRED PRIOR TO ISSUING A BUILDING PERMIT 34. 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. RESOLUTION NO. PAGE 9 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. Curb, gutter and sidewalk. c. Public utilities. d. Water and sewer. e. Traffic Signal, Street Improvement for the intersection at Camino Mercado and West Branch. f. Signing and Stripping plan for the intersection at Camino Mercado and West Branch. 35. 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 easem~nts related to the property. e. The location and dimension of all paved areas. f. The location of all public or private utilities. 36. Traffic Signal Design - Prior to issuing building permit, all plans related to the traffic signal at Camino Mercado and West Branch shall be completed, and approval by the City and Caltrans shall be obtained. 37. Fee reimbursement - The developer shall implement the design and installation of the Camino Mercado - West Branch Street signalization improvements, as described in these conditions. 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. 38. 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. 39. Drainage design - All drainage facilities shall be designed to accommodate a 1 OO-year storm flow. 40. Sewer design - With plan submittals, the developer shall provide calculations for anticipated wastewater flow from the project. RESOLUTION NO. PAGE 10 41. Parking lot design - The cross slope on parking lot driving lanes shall not exceed 5 percent. 42. Entrance design - The driveway entrances shall be designed with curb returns having a minimum radius of 15 feet, and handicapped ramps. 43. 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. 44. 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. 45. Adjacent structures - The grading plan design shall include measures to protect the adjacent structures from damage due to the construction. 46. 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. 47. 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. 48. 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). 49. 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%" x 11" 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. CONDITIONS REQUIRED PRIOR TO A CERTIFICATE OF OCCUPANCY 50. 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. The intersection improvements shall be considered an essential improvement that must be constructed prior to occupancy. RESOLUTION NO. PAGE 11 51. Water Neutralization Program - Consistent with Mitigation Measure No. 1 of the Initial Study, The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: Implement an individual water program consisting of retrofitting existing high-flow plumbing fixtures with low flow devices. 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 Council for approval prior to implementation; or, Pay an in lieu fee of $2,200 per equivalent residential unit water usage. 52. Intersection improvements - The intersection and Camino Mercado and West Branch shall be modified to provide for anticipated traffic conditions. The modifications will include widening on West Branch (approximately 12 feet), restriping, sidewalk, curb return, and island modifications and construction, signal installation, and transitions. The lane configuration shall be generally as described for future traffic conditions in the January 26, 2001 letter and plan prepared by Penfield and Smith (reference Exhibit C), subject to the approval of the Director of Public Works. The applicant is responsible for obtaining an encroachment permit from Caltrans. The pavement structural section shall be based on a Traffic Index (TI) of 7.0. 53. Intersection Signalization - A traffic signal at Camino Mercado and West Branch shall be installed and operational. 54. Right of way dedication - Right of way shall be dedicated for the widening of Camino Mercado. 55. Curb and sidewalk - Concrete curb, gutter and 6 feet wide concrete sidewalk shall be constructed on West Branch along the property frontage. Any damaged curb, gutter or sidewalk on Camino Mercado shall be removed and replaced. 56. Curb return - A new curb return, handicapped ramp, spandrel, and storm drain drop inlet shall be constructed at Camino Mercado and West Branch Street. 57. Parking lot striping - The parking lot spaces shall utilize double line striping 58. Site Drainage - Roof drainage and parking lot drainage shall be collected in a storm drain system. The majority of the site drainage shall be conveyed via pipes to the public storm drain system in Camino Mercado. The design of the site drainage shall include an evaluation of the capacity of the existing storm drain to determine if any upgrades are required. 59. Storm Drains - The onsite storm drain system shall be private. The storm drains in Camino Mercado and West Branch shall be public. RESOLUTION NO. PAGE 12 60. 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. 61. Onsite public fire lines - A 15 feet wide easement shall be provided for public waterlines serving onsite fire, as required by the Director of Public Works. 62. 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. 63. 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. 64. 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. 65. Existing Services - Existing water and sewer services not used by the project shall be abandoned per the requirements of the Director of Public Works. 66. Undergrounding of utilities - All new public utilities shall be installed as underground facilities except as noted. 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 - Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. 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. 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 the in lieu fee. RESOLUTION NO. PAGE 13 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 69. 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 70. 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 71. 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 72. 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. 73. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. 74. Permanent dust control measures identified in the revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. 75. 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. RESOLUTION NO. PAGE 14 76. 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 PM10 emissions from this source by 7 - 14%). 77. 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 PMlO emissions from this source by 40 - 70%). 78. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. (This measure has the potential to reduce PMlO emissions from this source by 25 - 60%). For Mitigation Measures No. 72 - 78: 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 79. 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. Monitoring: The applicant shall install the traffic signal Responsible Department: Public Works Department Timeframe: Prior to issuance of Certificate of Occupancy 80. 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 81. The applicant shall retain an arborist during the grading and construction phases of the project to ensure tree protection measures are implemented. The recommendations outlined in the arborist report prepared for the project shall be followed. RESOLUTION NO. PAGE 15 Monitoring: Field Inspection Responsible Department: Parks & Recreation, Community Development Departments Timeframe: During grading and construction 82. Protective fencing shall be installed around each tree to remain at the dripline. The fencing shall be installed prior to any site clearing, grading, or demolition activities, and shall remain in place until construction is complete, including landscaping. Weatherproof signs shall be permanently posted on the fences, stating the following: Tree Protection Zone No personnel, eauipment, materials, or vehicles are allowed Do Not move or remove this fence [Name of arborist or consultant] [Name and phone number of developer or general contractor] Monitoring: Field inspection Responsible Depts: Parks & Recreation, Community Development Departments Timeframe: Prior to issuance of grading permit 83. All trees to be removed shall be marked with either colored ribbon or paint. Monitoring: Field inspection Responsible Depts: Parks & Recreation, Community Development Departments Timeframe: Prior to issuance of grading permit 84. The applicant shall submit written reports prepared and signed by an arborist stating that all tree protection measures have been met per International Society of Arboriculture (lSA) Guidelines. Monitoring: Review of reports Responsible Depts: Parks & Recreation, Community Development Departments Timeframe: Reports filed on a monthly basis commencing after issuance of grading permit 85. Removal of any oak trees shall be replaced in-kind at a 3: 1 ratio with a minimum size of 1 5-gallon and planted on-site. RESOLUTION NO. PAGE 16 Monitoring: Review landscape plans/Field inspection Responsible Department: Parks & Recreation Department Timeframe: Prior to occupancy 86. The following note shall be placed on the grading and improvement plans for the project: IIln the event that during grading, construction or development of the project, archeological resources are uncovered, all work shall be halted until the significance of the resources are determined. If human remains (burials) are encountered, the County Coroner (781-4513) shall be contacted immediately. The applicant may be required to provide archaeological studies and/or additional mitigation measures as required by the California Environmental Quality Act if archaeological resources are found on the site. II Monitoring: Review of grading plans and site visits by the Public Works Inspector Responsible Depts: Public Works, Building & Fire Departments Timeframe: Prior to issuance of a grading permit and during site grading EXHIBIT B 1 IfWY 1)1 n I CD I.~. --_nn____ -...~--_f!.-------..------ :- :~ WEST BRANCH - - -- -- - -- - - - -- - - - - - .:-:~: --- -. -- - -- - -. - --. --. -.- ""\J :D ~ - .,,---- S"__ Z > :D -< en ~ m ""\J r > Z II! ,'"""' I~ jl~ ,. iii > -'. I i I ..... .... 1" ". '. j I '.... '.. I' '. I ~ '. ~ '. ~ . . ~ ~ ~ ---- ' ~ -' ---- I ~ ~ 0 ~ ~ II . Ii I . -- EEeEHiHHH ~ s ~ U I i i ~::~~~~~~~~~~ en II ~ 'I co 1 ~~~~~Wh~H m ~O. la. i uii"' -t ~ I '< -----<!in~ ~ .' 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'. ~ ~ ,,// 'J : ././ Z S \9 .. .' \ . \ " 1 ~ ~ \ w ,I a ~ 1\ ~~~~~@~@~~~~~~\t\t~@@@\i\\SIS@ @@@I3@t ,. ~ ,po.! '\\~ \_... ~ -.,-. ~ ~ ~ i i i i! \ \ \ \ i \ \\} \ \ \ i\i \\t~~" ~ \ \\ \\\ph\\i,'i\I\Hiiij\lil' \ \ J ~,~ ~ ~ i' " \, " I! ,'" \\ \, ~~ '\~\ ~\1~\ ! \n~ ! 0' -- . ' . . " , ,. " 'I . · I ,II .. . i' · ~ . ' 1>1)> \)> ..~ t~ _ t' .'- ~ ~ ,. ~ -'~-, ! rA~' ~'!~ '$ J 1\)\ \ ~ · EXHIBIT B3 al- a" I' HWY 101 Ii -a' ---------- ...... g~ '>i 3~ :D' - ~--~--------------------------..--_rt_' ~ \. ;;~J]l- - . --- h_ -:1-- ~ w E _~_ T B R ~_~ C H sir-~-;~-~--------h~,-~~~ t------_____________. . ' " " ~ """",,,'~_,,,_ I~I '7' ---t--- z i . . . ~ / ~~ h__ :> ,~_ """"'..........- I · :D :::_n_ __= __ _. ~ Q:" ii'T .1~'" -< _.,__n_ __ ____ ~...i1- -'-" ,,- - - - :..cc:...----+-lV; y : _ '.,. . ... ___." - 'J " G) ,,::: : I: /X': ~~ -- ......' --, /' ~ '----;=.::::::- ~ ,~:" II' ,."..~- I -----~--- --- ------- -f-. r ~ o \ " : 7~'7" .: '"' _: ]r/' 7------..L ~---. _ ' , .. ... 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Q~~~O'~~~~-n~:~9~\~Z~ ~ ,.." !; ~ ~~~ 11~ 3~-'; 1!~"'Q...0~~a'5' >'}n '" z" "'~o '" " \ ~i ~,,~~ ~%~~~~,~~'iO'~..~'"~ ~ g n", ano ~~~ "'k l~:1g l~'a~l~~~~~!;i~,:J1 ~\ \\ ~ -,;!; 3\0 ~ 'E 3~~ t~~ '" i\. ~~%~ 3~.!d:%:"~'=%,!%"~[ ~~: ~~: '" t , ~ I Ii' \ " . \ ~ ~ ~ \ , " .';- j,'ff, \ ~ ~ ~""~ ~~"\ ",,,,,, ,,-3, .."~~ii ";11 g",~ :~i oS g,o go" ~S~ "- ~ Q ,'" aOr't ~,;% ~ %: " " ~o~ n'" ~~l ~%~ 3 t:>\:1>~ .~ \~ 0%<; ;. ..'< ~~g ~a, r- t ~~'i \ \ ~ ~~~ ~\ ~ b\ ~~: "'/1, >> 1\ ? . 1. n EXHIBIT B7 . ~ -i rr1 '-- V) n :r: rr1 ~ > :::! n rr1 r rr1 < > :::! o :z U1 m >- ~ m m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ g ~ o ~ ~ ~ ~ n < m >- Z ~ ~ 0 ~ z o '" i$, . !8 i e o ~ t.t~~,,,,~ ~. E! ~ - I!!! ataS!/:-i i~ ...... J;, ~!~<"'>~ ~ ~;;I H~ ~ _ . z c.n <: ~~oOiQ >' ;.~ ~ ",i ~ ~~ ?;:~ ..n (:f~ g~ > A I i;A ~ "" J!i(. ~~ . ~ . if.:~~. ~'~.,< :> [>[>[> i>i~' . " :-. ~~ ~' r~ t . ~~ ~~~ j~~ I 5 5 ~ ~! ...J .:--,.., , " . 'Nt i ~ 0 f ,..;A-. ~ 6!; " 40 ).. t,1'. n "... . \ Y1 ~ t ~ \ . \ \ \ \ 0 0 0 0 0 0 0 \ ~ 0 \\ " ~" . ~ ~ .~ 0 " . '" . ~ ~ ~ I :~\ \\ 'i \\ \\~ \~ \\ i\i \\ \\~ ...~. \ ~ \ ,i '\ ~ \h \\ \Y1 ::\' \' \} ~ ~ ~ \@ ..' -- " ~ I' ~ ~ !""~ ~~ '8'4 ~~ \ I \ ... e ; ~ \\ t ? g '" <<- !. ~ 1 ~ ~ I" i' !. ~ ~ ",.of Z ~ -' :x: "" ~ <;:;:. <- ~ ~ 'dB ..... <5 ;s> z 'dB ?;l 'dB ~~ ~\(\ 'dB 'S~ 'dB ~~ 'dB \\ \ \\ 9 . \ 5 \ \ \ , ~ CJ \ L1' \ . rn ~ r;:;, ~ .<:: -,;. ~ ~ ~ % if) ;>! ~ V'~ ~% ~ 'SI\\ ~~ ~. Q OJ Q c. 5 z CJ {j V' \ -<"\ g 5 -' ~ :x: ~ ...., -0 . <;:;:. \~ r <- ):> ~ z ~ if) { ~ " ~ \~ \\~ t~~ at ~ ~. i ~~ i...... ~ ~ \1 ot, ~ '" i~ 1 .., r' ''11~ 'r>~:\ 2 9, ~ ",'" 't'.~ 7'~ ~ ~~ ~t ~g, ~ ';3'4 0::> .. ?~ ~ ~ ~ . -; ~ EXHIBIT B 11 I /"1 ;z )> 0 V1 :>J ( --i .... /"1 :I: r '" V1 /TJ r CD 0 ~ '" c c .... ~ - :i! 0 ... r . 0 CJ '" z ;z Z M 0 C) ~ --i ~ 6 z ""Tl r a a ;;0 ""U r )> Z (/) R> ("T1 r ("T1 < )> :::J a z (/) i ~ ~ J i j ; r ~ f r i ! I . ~ , ! ! I i I I ' I i . I I I I i i i ~ )7'-,. V1 .... /"1 r '" < )> 1 "1'_0" r .... <5 z ~ []ffi> "- ." r CEHJ 0 0 ;;>J DID " r )> ~ z ~ ~ ~ ! I ~ I e8 '" '-.~ ~ 1 ""-0" r: )> )> ~ Z i5. :z ,... - '" 1 ,... ;;; g r " ;J1 r )> )> I e :z Z q ~ 0 . ~ ~ ~;:;: , '" 8" ~ ~ I ~- ~ a~ d 2 i= . ~ ~ I jI" ~..~ ~ : i! n" ~ . rI g~~ ~ g ~~ ~!j 0 ~VI ~ ~ ~ 1 ~i 2I'~ .. ~! ~~ g >> ~ ~ ;Ii '" =' . ~ ~ -1 )>x [>[>[> ..~ ~~ I 0 i ~ 91 ~i ~ .. ~. :I EXHIBIT B 12 ~ M 200. .. ,J; 1 ~ I j ~ ;;! M M ';1 :;; ! I < i ~ i =' !2 - ~ ! I I .... r "'1 0 r ~ 0 0 ;0 JJ r M -0 < r M )> r Z ." r 0 0 0 ;0 \J r 8 0 )> 8 z 0 u~ D D ~~ \'JIG D ~ ~ D ~~ D :> III 'G 1 D ~ D D 0 0 D D !;i jS~ I ~e ~., o~ ~~ ~~;; <>~ .. 1 %- ~! ";s.~ i~ ;J' ". o~ ~ - ~~ >- ~!iI ~j!: ~ '> ~~ ~~ ~ ~ M ~.~ SO) > 1:\ ~ ~ '" ~ !t.... ;0. :! - ~ J> ~ t>t> t> ~! il I i ~ ~I Ni ~ <> . .. (J\" E)(H\6\1' 6" 3 ~ ~ ~ 1 ~ 2 ~ ~ ~ @\ffi ~ ~ ~ 'dB \ ffi () t ~ \<.> ~ ~ HBffiJ i \ \iB@ \' i! ~ ~ .\ .' ~ HB ffiJ ~ ~ .. ,,~. 'II ~ ';.t,,('f.:~t:i ~ ~ ,~." ,,",1 @tID ~ ..~ jl~\' , .. ;"~., .;. ,.> . i e. ~ e. ~ ~ () \<.> ~ ~ 'a ~ ~ . ~ . \8 . III \<.> e'i ) · I,.,n ~~ ~ ~ \~ S \~ \\~ \!~ i ~ 0\ 0 .. i \; i \\ \\~ ! ': ~ \!t ~ }~ ~\ 5! \ >- .9 8 \ i ~ ~ 'V'V~ .~ f \ \\\ '\; \ \ { ~ ""i \ 0>. s EXHIBIT C PenfieldftSmilh ENGINEERS . SURVEYORS 101 EAST VICTORIA STREET 2051 NORTH SOLAR DRIVE P.O. BOX 98 SUITE 225 SANTA BARBARA. CALIFORNIA 93102 OXNARD. CALIFORNIA 93030 805-963-9532 . FAX 805-966-9801 805-983-7499 . FAX 805-983-1826 W.O. 13693.01 NOTICE OF TRANSMITTAL DATE: January 26, 2001 TO: Community Development Department RECEIVED City of Arroyo Grande 214 E. Branch Street JAN 2 9 2001 Arroyo Grande, Ca 93421 CITY OF ARROYO GRANDE ATTENTION: Ms. Kelly.Heffemon COMMUN!TY DEVELOPMENT DEPT. SUBJECT: Camino Mercado Office Project, Arroyo Grande BY HAND D MAll~ OTHER D WE ARE TRANSMITTING HEREWITH THE FOllOWING: - One (1) each Traffic Signal Installation W. Branch Street and Hwy 101 Ramps/Camino Mercado Drawings; Attachments C and D. PURPOSE: For your use. PENFIELD & SMITH By p&s . , f j ;! I ;,! ': I, I I : ;. f 'f ': if ' I :: : ill: i . I I I I f I / ' "I:", . : :; I ': I: I I : : r : 1: 1 , ., 1 I: I :1 I i I I : ~ I : !: f . . f :",:,,l,f:f.Pt:.ti;YAVl. . : 'I ,: ", r , " ': f " ~, 'I , r '. 'I , : : I : t: i ; . : :': I:, , / f t. I " . 'I i ! i: t' :: ;: 1 ! ...., t t I '! ~ E.'C?8{'~1.trOt1'H.RG1:;i ' :... : ': f : ~ -or 0- - f-"", ; ," ; '- . , 'I, "I, --, ~ / t I I I I'. -~ , """'1 ~ . ., 'Ii Iii i , ' if,: j i! ! I'. ,I . f I I:IIE t: I .: f f. " '/ I' i I i J i i i~ }' :'!:I J: j .'n .. I! I :: t 'J T: I' r '" / " '" , . .. ii, :, : I: f i~ i~, :" 11 'i! l!:j .. n ! ~ t, j ! / ill I I. I. f f ii, ! Ii I i I i ., '\ .:: I: I )"'. OJ,,,,) r; j:: i: i , I, ':: ,:! ' . !! '::, :' I tw. ""IV.. a i i !;:, : I . I J I" I I I .It Ex. "1.". I J:: I: I I . U I f 1\ ; I i \.:r.t..~'It 11, If" _'" ' ~- ".", " If t J i ! . 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MEMORANDUM TO: CITY COUNCIL ~ FROM: KERRY MCCANTS, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: AUTHORIZATION TO CLOSE CITY STREETS AND USE CITY PROPERTY FOR THE 64th ANNUAL ARROYO GRANDE VALLEY HARVEST FEST IV AL, SEPTEMBER 28-29, 2001 DATE: AUGUST 14, 2001 RECOMMENDATION: It is recommended the City Council adopt the attached resolution authorizing closure of City streets and use of City property and authorize the waiver of City fees/costs for the annual Arroyo Grande Valley Harvest Festival. FUNDING: The event organizers are requesting that the fees/costs for City services necessary to support the event be waived. If the Council approves the waiver of fees/costs, the reduction in revenue is approximately $6,780. Historically, the City has waived fees/costs because the City has served as an unofficial co-sponsor of the event. DISCUSSION: The 64th Annual Arroyo Grande Valley Harvest Festival is scheduled for September 28-29, 2001, the last Friday and Saturday of the month. Activities will begin on Thursday, September 27, 2001 at 5:00 p.m. and end on Sunday, September 30, 2001 at 10:00 a.m. Activities at the Festival will include entertainment, food and game booths, craft booths, contests, and a parade. The activities are held along Short Street, Olohan Alley, and East Branch Street. The parade is held on East Grand Avenue and East Branch Street between Halcyon Road and Mason Street. The Festival organizers are requesting the closure of Short Street, East Branch Street, and Olohan Alley for food and game booths, craft booths and entertainment, and East Grand Avenue/East Branch Street for the parade. A temporary use permit will only be issued upon approval by the City Council of the request for street closures and use of City property. CITY COUNCIL AUTHORIZATION TO CLOSE CITY STREETS AND USE CITY PROPERTY FOR THE 64th ANNUAL ARROYO GRANDE VALLEY HARVEST FESTIVAL AUGUST 14. 2001 PAGE 2 AL TERNA TIVES: The following alternatives are provided for the Council's consideration: -adopt the attached resolution; -modify the attached resolution and adopt; -reject the attached resolution; -provide direction to staff RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, AUTHORIZING CLOSURE OF CITY STREETS AND USE OF CITY PROPERTY FOR THE 64th ANNUAL ARROYO GRANDE VALLEY HARVEST FESTIVAL, FRIDAY AND SA TURDA Y, SEPTEMBER 28- 29,2001 WHEREAS, organizers of the annual Arroyo Grande Valley Harvest Festival have requested closure of City streets and use of City property; and WHEREAS, organizers of the annual Arroyo Grande Valley Harvest Festival will be responsible for the removal of all garbage and debris generated by the event. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby approve that the following actions are authorized and the following described City property may be used for the Harvest Festival: 1. The City parking area behind City Hall from the entrance of Mason Street and extending to the area of the Gazebo and Short Street for use between the hours of 5:00 p.m. Thursday, September 27, 2001 until 10:00 a.m. the morning of Sunday, September 30, 2001. 2. The parking area beginning at the Gazebo and extending westerly to Bridge Street beginning at 6:00 a.m. Friday, September 28, 2001 until 10:00 a.m. Sunday, September 30, 2001. 3. The use of the City owned Nelson Street property adjacent to Mason Street for various displays and contests from 12:00 noon to 9:00 p.m. on Friday, September 28, 2001 and from 8:00 a.m. to 6:00 p.m. on Saturday, September 29, 2001 for a variety of activities, contests, and displays. 4. The City's electrical service as needed for the lighting of booths, sound system, and contests. 5. That request be made by the Arroyo Grande Police Department to the State of California Department of Transportation for permission to close a portion of Branch Street, also known as Highway 227, from U.S. Highway 101 to Stanley Avenue, and the closure of entrance and exit ramps of U.S. Highway 101 at East Grand Avenue on September 29, 2001 between the hours of 7:00 a.m. and 1 :00 p.m. RESOLUTION NO. PAGE 2 Grand Avenue on September 29, 2001 between the hours of 7:00 a.m. and 1 :00 p.m. 6. That the City Council authorizes closure of a portion of East Branch Street, also known as Highway 227, from U.S. Highway 101 to Stanley Avenue and the closure of entrance and exit ramps of U.S. Highway 101 at East Grand Avenue upon authorization from the State Department of Transportation for said closure. 7. That the Arroyo Grande Police Department will control traffic along and around the parade route, and police officers will be stationed to give instructions to motorists on detouring the parade route; and further, the Police Department will restrict traffic on Route 227 to one lane and control traffic at the freeway ramps from 9:30 a.m. to 12:00 noon on Saturday, September 29, 2001. BE IT FURTHER RESOLVED, that the following streets shall be closed for the Harvest Festival parade on the morning of Saturday, September 29, 2001: beginning at East Grand Avenue and Brisco Road and east to the corner of East Branch and Mason Streets; and Halcyon Road from EI Camino Real to Fair Oaks Avenue from 7:00 a.m. to 1 :00 p.m. BE IT FURTHER RESOLVED, that the organizers of the Harvest Festival will adhere to certain requirements and conditions set forth by the Public Works, Police, Parks, Recreation and Facilities, and Building and Fire Departments regarding cleanup and traffic control and all other applicable conditions of a Temporary Use Permit to be issued by the City 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 passed and adopted this 14th day of August, 2001. RESOLUTION NO. PAGE 3 MICHAEL A. LADY, MAYOR ATTEST: KELL Y 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 II A" CONDITIONS OF APPROVAL TEMPORARY USE PERMIT CASE NO. 01-0XX ARROYO GRANDE V ALLEY ANNUAL HARVEST FESTIVAL General Conditions 1 . The applicant shall ascertain and comply with All State, County and City requirements as are applicable to this project. 2. The event shall occur in substantial conformance with the application and plans on file in the Community Development Department. 3. The event organizers shall comply with all the conditions of City Council Resolution No. , adopted on August 14, 2001. 4. The applicant shall agree to defend at his/her sole expense any action brought against the City, its agents, officers, or employees because of the issuance of said approval, 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. Parks, Recreation and Facilities Department Conditions 5. The Harvest Festival Committee is to contact the Parks, Recreation and Facilities Department no later than September 14, 2001 regarding the number and location of trash receptacles to be placed in the downtown area. 6. The Harvest Festival Committee is responsible for disposal of its garbage into large trash containers. The Harvest Festival Committee IS responsible for providing a small cargo dumpster (20 cubic yards) in addition to required trash containers. 7. The Harvest Festival Committee is responsible for providing trashcan liners for all trash containers. 8. The Harvest Festival Committee is responsible for providing additional restroom supplies for the festival. Should the City provide these supplies, the Harvest Festival Committee will reimburse the City for the cost of these supplies. Public Works Department Conditions 9. Restroom facilities, barricades, signing and detour routes shall be provided by applicant. 10. The event organizers shall provide (pay for) all traffic barricades and delineators. The Public Works Department will place the barricades and delineators. 11 . The event organizers shall place an advertisement in the September 26, 2001 edition of the Five Cities Times-Press Recorder advising residents of street closures. 12. The event organizers shall provide a $1,000,000 personal liability insurance policy naming the City as additional insured. Proof of insurance shall be submitted to the Director of Administrative Services ten (10) days before the event. 13. The event organizers shall contact the Public Works Department two weeks prior to the event to check on the status of street maintenance/construction activities. The Public Works Department may require the event organizers to provide temporary construction (orange plastic) fencing around areas designated as potentially hazardous. Building and Fire Department Conditions 14. All food booths (cooking) must comply with the Fire Department guidelines. 15. A handicapped accessible toilet shall be included where other portable toilets are located. 16. All electrical must be inspected by the Building and Life Safety Division, prior to the event opening. 17. Emergency access must be maintained to the satisfaction of the Director of Building and Fire. 18. The use of generators must be reviewed and approved by the Director of Building and Fire. 19. All tape used for marking the booth locations shall be removed by the event organizers. Police Department Conditions 20. The Police Department shall obtain the necessary permit from Cal-Trans to close a portion of Branch Street, also known as Highway 227, from U.S. Highway 101 to Stanley Avenue and the entrance and exit ramps of U.S. Highway 101 at Grand Avenue. 8.n. MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER BY: KAREN SISKO, HUMAN RESOURCES MANAGER ~, SUBJECT: CONSIDERATION OF RESOLUTION APPROVING A SIDE LETTER OF AGREEMENT WITH SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) LOCAL 620 FOR UNIFORM ALLOWANCE FOR CERTAIN FIRE FIGHTING PERSONNEL DATE: AUGUST 14, 2001 RECOMMENDATION: It is recommended that the City Council adopt a Resolution approving the Side Letter of Agreement amending the existing Memorandum of Understanding (MOU) with the Service Employee's International Union (SEIU) Local 620 to provide a uniform allowance to the position of full time Fire Fighter through the position of Fire Captain under Article 15. FUNDING: The funding for the uniform allowance has been included in both the Fiscal Year 2000 - 2001 budget, and the Fiscal Year 2001 - 2002 budget, under Fire and Emergency Services, account number 010-4211-5143. No additional appropriation is required. DISCUSSION: When the current SEIU MOU was negotiated in 1999, the position of Fire Captain was not yet in place. This position was not included in the list that would be eligible to receive a uniform allowance. The intent was for the position of Fire Captain to receive the uniform allowance as is indicated by its inclusion in the budget. The position would be eligible to receive $800 per year cash allowance, as is consistent with the uniform allowance for Police Officers. The attached copy of the Agreement outlines the benefit. AL TERNA TIVES: The following alternatives are provided for the Council's consideration: 1. Approve staffs recommendation; 2. Do not approve staffs recommendation; 3. Modify as appropriate and approve staffs recommendation; or 4. Provide direction to staff. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING A SIDE LETTER OF AGREEMENT TO THE SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) LOCAL 620 MEMORANDUM OF UNDERSTANDING (MOU) PROVIDING A UNIFORM ALLOWANCE TO FULL TIME FIREFIGHTERS THROUGH THE POSITION OF FIRE CAPTAIN WHEREAS, the City Council of the City of Arroyo Grande ("City") deems it in the best interest of the City to offer an $800 annual uniform allowance to full time Firefighters through the position of Fire Captain, as hereinafter provided. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande that: 1. An amendment to the Memorandum of Understanding (MOU) with the Service Employees International Union (SEIU) Local 620 is hereby authorized, a copy of said amendment entitled "Side Letter of Agreement, Modification to Memorandum of Understanding" being attached hereto, marked Exhibit "A", and by this reference made a part hereof as though herein set out in full. 2. This Resolution shall take effect retroactive to January 1, 2000. 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 day of ,2001. RESOLUTION NO. PAGE 2 MICHAEL LADY, MAYOR ATTEST: KELL Y WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED TO AS FORM: TIMOTHY CARMEL, CITY ATTORNEY Exhibit "A" SIDE LETTER OF AGREEMENT MODIFICATION TO MEMORANDUM OF UNDERSTANDING For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City of Arroyo Grande ("City") and the Service Employees International Union, Local 620 do hereby agree to modify the current Memorandum of Understanding ("MOU") between the City and the SEIU Local 620 as follows: The City shall provide cash allowances of $800 annually to full time Fire Fighters through the range of Fire Captain. One-half (1/2) of such allowance shall be paid in July of each year for the period of July through December of the same calendar year. The remaining half of such allowance shall be provided by the City during January for the period January through June of the same calendar year. The uniform allowance will be paid on the first non-pay date Friday of the month due. Such allowances shall be used by the employee to replace, maintain, repair, and clean all designated uniform garments, hats, caps, shoes, leatherwear, and ornamentation. Upon the hiring of a Fire Department employee designated in this provision, the City will provide applicable safety equipment and initial uniforms and ancillary equipment as specified by the Department of Building and Fire policy. The City will provide replacement safety equipment as necessary as designated by said Department's policy. The provisions of this Agreement will be incorporated into the next Memorandum of Understanding (MOU) between the City and SEIU Local 620. It is further agreed that costs associated with this Agreement are currently contained in the City's budget and said costs will not be included in calculating any increases in total compensation resulting from future contract negotiations. For City of Arroyo Grande For SEIU Local 620, AFL-CIO Date Date 8.0. MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER#" SUBJECT: COUNCIL APPOINTMENT TO SAN LUIS OBISPO COUNCIL OF GOVERNMENTS/REGIONAL TRANSIT AUTHORITY (SLOCOG/SLORT A) DATE: AUGUST 14, 2001 RECOMMENDATION: It is recommended the City Council appoint Mayor Pro Tem Tony Ferrara as the City's primary representative to the San Luis Obispo Council of Governments/Regional Transit Authority (SLOCOG/SLORT A) and Jim Dickens as the alternate representative. FUNDING: There is no fiscal impact. DISCUSSION: At the City Council meeting of July 24th, Council Member Dickens requested the Council consider appointing another Council Member to the San Luis Obispo Council of Governments/Regional Transit Authority due to a conflict with his upcoming work-related schedule that will not permit his attendance at the SLOCOG/SLORT A meetings on an on-going monthly basis. Mayor Pro Tem Tony Ferrara offered to assume the primary representation. Council Member Dickens also offered to be the alternate representative for the City. AL TERNA TIVES: The following alternatives are provided for the Council's consideration: - Make the appointments; - Make no appointments at this time; - Provide direction to staff. ---~--- 8.p. MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGE~ SUBJECT: TELEVISING OF GENERAL PLAN UPDATE PUBLIC HEARINGS DATE: AUGUST 14, 2001 RECOMMENDATION: Authorize City Manager to contract with AGP Video for televising of the General Plan Update public hearings scheduled on August 16, 2001 and August 23, 2001. FUNDING: It is estimated that the cost to televise the two hearings will be approximately $1,200. The expenditure can be funded from revenue that will be generated from the Public, Education and Government (PEG) Access Fund being established by Charter Communications consistent with the City's franchise agreement. DISCUSSION: At the May 22, 2001 City Council meeting, staff was directed to proceed with arrangements to televise City Council meetings on the City's government channel. There were several options identified with regard to the equipment and methods in which to film and broadcast the meetings. To assist the City Council in determining the preferred alternatives, the two local firms providing broadcast services offered to telecast a meeting at no cost to the City. AGP Video will be televising the August 14, 2001 meeting. Matrix Mobile Television will be broadcasting the September 11, 2001 meeting. Subsequently, interest was expressed in televising the General Plan Update public hearing on July 31, 2001, which AGP Video volunteered to do as an additional pilot telecast. The response has been generally favorable. Two additional public hearings have been scheduled on August 16, 2001 and August 23, 2001. As a result, staff believes that there will be an expectation by some in the community that these will also be broadcast. Since these meetings will be beyond the pilot telecasts agreed upon, there would be a charge at this point for the cable casting services. AGP Video has submitted a proposal to provide cable casting for these two meetings. It is recommended that the City CITY COUNCIL TELEVISING OF GENERAL PLAN UPDATE PUBLIC HEARINGS AUGUST 14, 2001 PAGE 2 contract with AGP Video since they did the prior meeting and minimal planning and coordination will be necessary. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Approve staff's recommendation; - Modify and approve staff's recommendation; - Do not approve staff's recommendation; - Provide staff direction. 11.a. MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGE~ SUBJECT: EAST BRANCH STREETSCAPE ENHANCEMENT PROJECT FUNDING APPLICATION DATE: AUGUST 14, 2001 RECOMMENDATION: Authorize staff to prepare a SLOCOG funding application for the East Branch Streetscape Enhancement Project and adopt a Resolution Declaring the City Council's Interest in Obtaining 2002 Transportation Enhancement Program Funds for the East Branch Street Streetscape Enhancement Project. FUNDING: The total cost of the project is projected to be approximately $497,000. A local match of 11.47% is required, which equals $57,000. It is proposed that $25,000 be funded from the Downtown Parking Fund, which would require consideration and approval by the Downtown Parking Advisory Board. The justification for use of these funds would be expenses related to refurbishment of the Corral Parking Lot. The remainder of the matching funds, approximately $32,000 would need to be appropriated in the City's FY 2002-03 Annual Budget. Therefore, funding for the project could not be committed until a determination was made that funding is available in next year's budget. The grant funding request is proposed to be $440,000. It is also estimated that the project would result in an annual landscape maintenance cost of approximately $12,000. DISCUSSION: The City was recently notified that grant funding for streetscape improvements is available from the San Luis Obispo County Council of Governments (SLOCOG) under the Transportation Enhancement funding program. Concurrently, the Village Improvement Association (VIA) has submitted ideas on proposed beautification improvements on East Branch Street and the community has identified a number of concerns regarding traffic in the Village. As a result, the Transportation Enhancement program provides an opportunity to address some of these requests and issues. In order to submit a funding request, a conceptual plan has been developed. A copy of the schematic plan is attached. Ideas have been presented and discussed at VIA meetings, at a Town Hall Meeting held on July 26, 2001, and with individual business CITY COUNCIL STREETSCAPE ENHANCEMENT PROJECT FUNDING APPLICATION AUGUST 14,2001 PAGE 2 owners. If the grant is approved, additional changes may still be made during the design process. The purpose of the conceptual plan is to identify costs and develop general consensus on the ideas included in the plan. Currently, any proposed street improvements will require Caltrans approyal. Discussion of the Route 227 relinquishment will be discussed at the September 11, 2001 City Council meeting. If relinquishment is approved, Caltrans approval will no longer be necessary. Initial feedback from Caltrans is that they will support the majority of the concepts, but some may require modification. The project is referred to as a streetscape enhancement plan because the intent is to enhance rather than change the overall character of the Village. Specific goals of the project include the following: . To improve safety and mobility for pedestrians . Maintain traffic flow . Beautification The project includes the following features: Bulb Outs at Crosswalks For safety purposes, bulb outs would be constructed at crosswalks to increase visibility of pedestrians to oncoming traffic and to reduce the crossing distance for pedestrians. Stamped Concrete Crosswalks The crosswalks would be improved for beautification and to increase the visibility of the crosswalks to oncoming traffic. The existing two crosswalks at Short Street would also be reduced to one to improve safety. Alternating Poles with Hanging Flower Baskets and Street Trees Poles with hanging flower baskets and street trees would be installed where sidewalk width is sufficient. The primary purpose would be for general beautification. The flower baskets have been proposed and would be maintained by the VIA. The trees would replace the existing potted plants. In order to prevent an impact on the visibility of business signs, trees and poles would be located between businesses as much as possible and a horizontal tree species with narrow canopy would be selected. Street Furniture The existing concrete benches would be replaced with a more decorative style. CITY COUNCIL STREETSCAPE ENHANCEMENT PROJECT FUNDING APPLICATION AUGUST 14,2001 PAGE 3 Corral Parking Lot Refurbishment The parking lot would be repaved and shade trees would be added. Signage would also be improved to better direct drivers to parking located behind the businesses on the north side of the street. East Branch Street/Bridae Street Intersection Stamped concrete medians would be constructed to better discourage existing illegal left turns and to eliminate left turns onto Nevada Street. This would improve safety by reducing conflicting vehicle movements. By utilizing stamped concrete, the medians would be visible, but not be raised. Therefore, they would not restrict parade participants or emergency vehicles from crossing over them when necessary. The crosswalk is proposed to be moved to the west side of Bridge Street. It currently traverses a number of turning movement areas. The street is also narrower on the west side, which will better facilitate pedestrian crossing. Closure of Short Street The closure of Short Street is proposed, which would be replaced with a landscaped area that would provide a more pedestrian oriented, park-like setting in front of the gazebo. East-west access through the parking lot in front of the gazebo would be maintained. This improvement would also facilitate traffic flow by reducing turning movements and forcing turns at or re-directing traffic to Mason Street, which is a signalized intersection. However, some concerns haye been expressed by businesses regarding the potential impact on access to the parking lot and ability for vehicles to turn-around. Therefore, this component of the plan will require additional discussion and consideration. Traffic Way Pedestrian Island Currently, crossing East Branch at Traffic Way requires first entering a pedestrian island. It is proposed to modify this island to provide for a more protected pedestrian area while waiting for the signal to cross. AL TERNA TIVES: The following alternatives are provided for the Council's consideration: - Adopt resolution and authorize staff to prepare and submit the grant application; - Modify the proposed project concepts and authorize staff to submit the application; - Direct staff to not submit a funding application; - Provide staff direction. CITY COUNCIL STREETSCAPE ENHANCEMENT PROJECT FUNDING APPLICATION AUGUST 14, 2001 PAGE 4 Attachments: 1. East Branch Street Streetscape Enhancement Project RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING ITS INTEREST IN OBTAINING 2002 TRANSPORTATION ENHANCEMENT PROGRAM FUNDS FOR THE EAST BRANCH STREET STREETSCAPE ENHANCEMENT PROJECT WHEREAS, the City Council of the City of Arroyo Grande desires to seek 2002 Transportation Enhancement (TE) funds made available through the San Luis Obispo Council of Governments (SLOCOG); and WHEREAS, SLOCOG requires all candidate project forms and the jurisdiction's governing board endorsement be submitted to SLOCOG by September 5, 2001. WHEREAS, the City Council of the City of Arroyo Grande is requesting that $440,000 of TE funds be programmed for the East Branch Street Streetscape Enhancement Project; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby request that $440,000 in TE funds be programmed for use by the City of Arroyo Grande for street and pedestrian purposes. BE IT FURTHER RESOLVED that the City Council of Arroyo Grande hereby appoints the Mayor as the official representative authorized to sign the SLOCOG funding applications. 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 day of ,2001. RESOLUTION NO. PAGE 2 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY ~ Attachment 1 (.) CI) .~ 0 ... a.. ~ c CI) E LU CI) -J (S (.) C/) C 0 ca <: - .c ~ c c::( <: W 0 i=:: CI) () LU C. C/) ca (.) ~ CI) CI) ... ~ tJJ .c (.) c (U ... Ii ~~ In I ~ <:LU f/) ca ~~ W 1-0 oCl) -JO a..<: i I I >- ~ ~ u 11.b. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER~ SUBJECT: CONSIDERATION OF SELECTION OF 2002 STATE TRANSPORTATION IMPROVEMENT PROGRAM (STIP) FUNDING PROJECTS DATE: AUGUST 14, 2001 RECOMMENDATION: It is recommended the City Council: A. provide direction to staff on selection and prioritization of proposed 2002 State Transportation Improvement Program (STIP) projects; B. adopt a resolution declaring the Council's interest in obtaining 2002 STIP funding for the proposed projects; C. authorize staff to prepare SLOCOG funding applications for the candidate projects selected by the Council; and, D. direct staff to forward the funding applications and resolution to SLOCOG for funding consideration. FUNDING: The City is requesting $287,000 of Local Streets & Roads Project funds for the project(s) as prioritized by the Council (no local match is required). DISCUSSION: For the 2002 State Transportation Improvement Program (STIP) cycle, the region will receive $3.58 million for Local Streets & Roads Projects that will be allocated directly to the local agencies. The City of Arroyo Grande is expected to receive $287,000. The region will also receive funds that will be programmed on a competitive basis. These funds include $20.54 million for State Highway Improvements; $3.55 million for Projects on Routes of Regional Significance; $2.96 million for Enhancement Projects; and $1.33 million for Transit, Intelligent Transportation Systems (ITS) & Rail Projects. AUGUST 14, 2001 CONSIDERATION OF SELECTION OF 2002 STIP FUNDING PROJECTS PAGE 2 Local agencies are to submit candidate project forms and authorizing resolutions indicating the Council's interest in securing 2002 STIP funding and endorsing/committing the required local match (if a local match is required) to SLOCOG by September 5,2001 for funding consideration at the November 7,2001 SLOCOG Board meeting. A final action by the SLOCOG Board is scheduled for December 5, 2001. Local Streets & Roads Projects Funding Staff has identified the following projects, in alphabetical order, as potential candidates for the City's $287,000 of Local Streets & Roads Projects funding. Each project will repair the existing pavement by grinding off 1 to 1- Y2 inches of existing pavement, installing a 1 to 1- Y2 inch asphalt concrete overlay, and replacing water and sewer mains/laterals as needed, 2002 STI P Water/Sewer Funds Funds . Branch Mill Road - Huebner Lane to Newsom $ 244,000 $ 0 Springs Road (includes minor drainage improvements) . Brisco Road - East Grand Avenue to Linda Drive $ 78,000 $ 0 . Brisco Road - Linda Drive to EI Camino Real $ 140,400 $ 0 . EI Camino Real - Oak Park Boulevard to Hillcrest $ 465,700 $ 0 Drive . EI Camino Real - Hillcrest Drive to Brisco Road $ 468,000 $ 0 . EI Camino Real - Brisco Road to Halcyon Road $ 109,200 $ 0 . Farroll Avenue - West City Limits to Elm Street $ 191,600 TBD . Farroll Avenue - Elm Street to Pecan Street $ 149,800 TBD . Farroll Avenue - Pecan Street to Halcyon Road $ 164,000 TBD Any water and sewer funds needed for main/lateral replacement will be budgeted in the City's FY 2002-03 Capital Improvement Program. AUGUST 14, 2001 CONSIDERATION OF SELECTION OF 2002 STIP FUNDING PROJECTS PAGE 3 Staff is requesting the Council provide direction as to which project(s) should be submitted to SLOCOG for funding in the 2002 STIP. AL TERNA TIVES: The following alternatives are provided for the Council's consideration: - Approve staffs recommendations; - Do not approve staffs recommendations; - Modify as appropriate and approve staffs recommendations; - Provide direction to staff. jep:232.0001 (19)\200STIP\Applications.Staff Report.8.01.wpd RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING ITS INTEREST IN OBTAINING 2002 STATE TRANSPORT A TION IMPROVEMENT PROGRAM (STIP) FUNDS ALLOCATED TO THE CITY FOR STREET PURPOSES WHEREAS, the City Council of the City of Arroyo Grande desires to seek certain 2002 State Transportation Improvement Program (STIP) funds made available through the San Luis Obispo Council of Governments (SLOCOG); and WHEREAS, SLOCOG requires all candidate project forms and the jurisdiction's governing board endorsement/commitment for a local match (if required) be submitted to SLOCOG by September 5, 2001; and WHEREAS, the City Council of the City of Arroyo Grande is requesting that $287,000 of Local Streets & Roads Project funds be programmed for projects prioritized and adopted by the City Council on August 14, 2001; and WHEREAS, the City Council of the City of Arroyo Grande hereby establishes its commitment to budgeting local funds if needed for the projects prioritized and adopted by the City Council on August 14, 2001; and, WHEREAS, the City Council of the City of Arroyo Grande hereby appoints the Mayor as the official representative authorized to sign the SLOCOG funding applications. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby request that $287,000 in Local Streets & Roads Project funds be programmed for use by the City of Arroyo Grande for street purposes. On motion of Council Member I seconded by Council Member and by the following roll call vote, to wit: AYES: NOES: ABSENT: ABSTAIN: the foregoing Resolution was passed and adopted this day of , 2001. RESOLUTION NO. - PAGE 2 MICHAEL A. LADY, MAYOR ATTEST: KELL Y WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY 11.c. MEMORANDUM TO: CITY COUNCIL FROM: KERRY McCANTS, COMMUNITY DEVELOPMENT DIRECTOR BY: ~~, KELLY HEFFERNON, ASSOCIATE PLANNER SUBJECT: REVIEW PRE-APPLICATION CASE NO. 01-002; PROPOSED SENIOR HOUSING FACILITY, LOCATED AT 579 CAMINO MERCADO; CENTRAL COAST REAL ESTATE DEVELOPMENT, INC. DATE: AUGUST 14, 2001 RECOMMENDATION: Staff recommends that Council review the above project and provide direction and comments to the applicant. FUNDING: No fiscal impact at this time. BACKGROUND: The project site is located within the Professional Commercial District ("P-C") of the Oak Park Acres Planned Development (PD 1.1) and is approximately four (4) acres in size. Surrounding the site is vacant land to the west (approved for office development), single-family residences to the east, the Oak Park Professional Center to the south, and open space property maintained by the Rancho Grande Homeowners Association to the north. The proposed project is to construct forty (40) two-bedroom apartments, and twenty (20) one-bedroom apartments. Twenty- five percent (25%) of the units would be restricted for moderate-income senior housing. The project also includes a 3,000 square foot senior recreational center. Previous Land Use Applications In 1986, an application for a 180-room skilled nursing facility was approved. Construction for that project began in 1987, but ceased in early 1988 after several pads were cut and retaining walls installed. Although several oak trees were removed at that time, the applicant for the proposed project does not propose to remove any additional oak trees. On February 13, 2001, the City Council denied an application to develop an 84- room assisted care facility totaling approximately 100,000 square feet with 50 parking spaces. Findings for denial were based on issues of affordable housing, building height and mass, density, handicapped accessibility, and traffic. City Council Pre-Application 01-002 August 14, 2001 Page 2 of 5 Staff Advisory Committee: The Staff Advisory Committee (SAC) reviewed this Pre-Application on June 19, 2001 (Attachment 1) and discussed the following issues: . Fuel management of the back slope located adjacent to and north of the project site (Rancho Grande open space parcel). . Slope of the proposed driveway and adherence to ADA standards. . Driveway clearance and access for emergency vehicles. . Possible bus stop location. . Traffic impacts and parking requirements. . Height of retaining walls. . Impact fees. . Fire hydrants and sprinklers to mitigate Fire Department accessibility. PlanninQ Commission: The Planning Commission reviewed this Pre-Appl ication on July 17, 2001 (Attachment 2) and expressed the following concerns: . ADA compatibility. . Parking. . Traffic studies. . Visual impact. DISCUSSION: The proposed project is subject to the site development standards of the Development Code and the specific standards listed in the P-C District of PD 1.1. Because this is a Pre-Application, detailed information regarding setbacks,. lot coverage and landscaping is not included on the project plans and will be considered as part of the formal Conditional Use Permit application. The following conclusions are based on information provided by the applicant. BuildinQ HeiQht The Development Code allows a maximum building height in the P-C District of either two (2) stories or thirty feet (30'), whichever is less. Building height is defined as the vertical distance between the average finished grade and the highest point of the roof (excluding mechanical equipment, chimneys, etc.). The proposed project is within this height limit. Traffic Impacts According to the Institute of Transportation Engineers (lTE) Trip Generation Manual, under "Elderly Housing - Attached", the project is expected to generate six (6) PM peak hour trips. The proposed senior center, evaluated as a "Recreational City Council Pre-Application 01-002 August 14, 2001 Page 3 of 5 Community Center" in the ITE Manual, is projected to generate five (5) PM peak hour trips. The eleven (11) total trips expected to be generated is less than the twenty (20)-peak hour trip threshold that the City established as a potentially significant environmental impact. BioloQical Impacts The biological survey previously prepared for the Horizon Senior Housing project identified three populations of Pismo Clarkia on the project site, a plant species federally listed as an endangered species and classified as a State Rare Plant. The applicant will be required to protect these plant populations. Density The Professional Commercial District of PD 1.1 is silent with regard to density standards. The zoning district that most closely resembles the proposed land use is the Senior Housing Residential District (SR), which allows up to 25 units per acre when twenty-five percent (25%) of the units are reserved for low and moderate- income housing. Placing sixty (60) units on the 3.97-acre project site calculates to a density of fifteen (15) dwelling units per acre. Moderate Income Restriction Twenty-five (25%) of the units, or 15 units, would be restricted to moderate- income senior housing. A deed restriction, or equivalent restriptive covenant, would. be placed on each unit to ensure that the rent remains at the moderate- income level. An independent agency, such as the San Luis Housing Authority, would review the facility records to verify compliance. These records would be submitted to the City of Arroyo Grande on an annual basis for review. The applicant has submitted a letter of intent to apply for funding assistance from the City's in-lieu funds collected for affordable housing purposes (Attachment 3). The applicant intends to use these funds to offset infrastructure and City fees. To date, the City has not implemented a process for utilizing these funds. The current fund balance is approximately $301,145.82. The applicant also wishes to offset a portion of the Parks and Recreation fees, which would total approximately $113,160.00 with the inclusion of the senior center into this project. ParkinQ The Development Code requires the following number of parking spaces for independent living-senior housing, including a 3,000 square foot senior center: City Council Pre-Application 01-002 August 14, 2001 Page 4 of 5 PARKING REQUIREMENTS Required Number of Proposed Number of Parking Spaces Parking Spaces 1 Bedroom (20 units): 1 covered space per unit (Development Code Sec. 9- (20 covered spaces) 12.060. 1.1.) 2 + bedrooms (40 units): 1 covered space per unit and 0.5 uncovered space per unit (40 covered and 20 uncovered spaces) Visitor Parking: 0.5 uncovered space per unit (30 uncovered spaces) SUBTOTAL: 60 covered and 50 uncovered spaces (110 spaces) ------------- ------------- ------------ ------------- ------------- ------------ 3,000 square foot Senior 1 parking space per 50 Center (Development Code square feet of floor area Sec. 9-12.060.2.b.) designed for public assembly (40 spaces, assuming 2,000 square feet is used lor public assembly) ------------- ------------- ------------ ------------- ------------- ------------ TOTAL: 1 50 total parking spaces 140 total parking spaces (96 covered and 44 uncovered) As indicated in the above table, the proposed project is 1 0 parking spaces under the Development Code requirement. The applicant is requesting that an exception to this parking requirement be made based on parking requirement comparisons of similar projects in other jurisdictions. City Council Pre-Application 01-002 August 14, 2001 Page 5 of 5 Attachments: 1. SAC meeting notes for June 19, 2001 2. Planning Commission meeting notes for July 17, 2001 3. Letter from applicant dated July 30, 2001 A TT ACHMENT 1 A. Applicant: Central Coast Real Estate Development, Inc. Representative: Gary Young Case Number: Pre-Application Review 01-002 Proposal: Senior Housing - forty 2-bedroom apartments, and twenty 1-bedroom apartments. Location: 597 Camino Mercado Staff Contact: Kelly Heffernon Kelly Heffernon, Associate Planner: The project is on the same site as the Horizon Senior Housing project which was denied in February due to several issues: the mass and height of the buildings; ADA compliance; affordable housing; and traffic. The proposal is to construct a 60-unit apartment complex for senior housing. Gary Young, applicant: The following concerns have been addressed: . Mass and Density - limited to 2-story buildings; parking on the first level; apartments on the second level, and the number of units has been reduced from the 83 that the Horizon project proposed to 60. . Affordable Housing - 20% of the units will be dedicated to moderate income senior housing. . ADA compliance - the slope of the driveway from Camino Mercado has been reduced to no more than 10% - or, if that is not satisfactory, a meandering walkway down the slope (avoiding the Oak trees) is possible, with benches/handrails as ADA required. . A senior center is needed on the East Side of the freeway and has been included in the project. The senior center would be available to the City of Arroyo Grande for a ten-year period at no cost; more details could be worked out after the ten-year period. . Fire sprinklers will be installed. . Penfield and Smith will be retained to do the traffic analysis and asked if staff had any comments on this choice. Staff commented that Penfield and Smith is very familiar with this project. Terry Fibich, Fire Department: Negotiations had taken place with the previous applicant to have the walking trail meandering between the two properties. The adjoining property behind Bldg. 'A' is open space and City owned, and the slope down is quite steep. If a wind-driven fire got started it could come over the top of this area and lap over to Bldg. A. We would like about 100-feet of the slope to be maintained by the applicant (Oak trees not to be taken out), the under-story cleaned out (annually) and the canopy raised once every 3- 5 years. Gary Young, Applicant: They would take care of the maintenance of everything 100-feet down the slope adjoining the property. Additionally, they would like to run a 1" irrigation head for emergencies as a water buffer on top of the slope. Terry Fibich, FD: The slope of the driveway looks good. Larry Schmidt, Building: Fire access was a concern. The 10% driveway is not ADA accessible. However, it was determined in the last hearing that although it was a concern it was not a code requirement. Gary Young, Applicant: He asked staff for their opinion on having a meandering walkway going down to Camino Mercado. Jason Blankenship (his assistant) has contacted the County transportation dept. about getting a bus stop; there would be an inlet, red painted curb and it would be on the route. We would keep the slope down, and it would be a 3-foot wide path with handrails, and benches every 20-feet. Larry Schmidt, Bldg: A bus stop would drive the ADA requirement for access to it; all buildings will need to meet the code. Steve Puglisi, Architectect: described the driveway clearances and access points for emergency vehicles. Terry Fibich, FD: We will have to condition fire hydrants and sprinklers (trade off for the access). Larry Schmidt, Bldg: This is a new discretionary project and will be affected by all the new impact fees. Gary Young: Would the 3000 square foot senior center mitigate a good portion of the park fees? Dan Hernandez, Parks & Rec: It would be up to interpretation. Larry Schmidt, Bldg.: Some of the open space may be able to be dedicated as a park. There was a discussion on the traffic impacts with Staff advising the applicant to make sure the information they get from the consultant is relevant and up-to-date. Kelly Heffernon: The parking will be measured the same as for apartments. Steve Puglisi, Architect: Would it make more sense if we had current traffic data, from a bona fide traffic engineer, showing that given this type of project here is what the parking is really going to be? Rodger Olds, Public Works: If it was a similar type of project and in a similar type of area we would prefer this type of data. Steve Puglisi, Arch: There are 140 parking spaces shown because of the senior center, but we would like to come in with less parking (we believe we are over-parked). After further discussion he said they would design the project to meet the code, come in with a realistic traffic report, and the Planning Commission and City Council could advise them from there. Kelly Heffernon: What will the retaining walls look like? Steve Puglisi: The largest wall is 3% - 4 feet tall. Dan Hernandez, P & R: It would be advisable to give more detail on the Senior Center. Gary Young, Applicant: The project would go next to the Planning Commission as a Pre- Application and he would have the traffic report ready for this. Rodger Olds, PW: There is a sewer in the street, the water pressure is on the high end, and the water storage would have to be mitigated. A TT ACHMENT 2 ITEM. III. NON-PUBLIC HEARING ITEMS A. PRE-APPLlCA TION CASE NO. 01-002; APPLICANT - CENTRAL COAST REAL ESTATE DEVELOPMENT, INC.; LOCATION 597 CAMINO MERCADO. The project site is located within the Professional Commercial District ("P_C") of the Oak Park Acres Planned Development (PD 1.1) and is approximately four (4) acres in size. Surrounding the site is vacant land to the west (approved for office development), single-family residences to the east, the Oak Park Professional Center to the south, and open space property maintained by the Rancho Grande Homeowners Association to the north. The proposed project is to construct forty (40) two-bedroom apartments, and twenty (20) one-bedroom apartments. Twenty- five percent (25%) of the units would be restricted for moderate-income senior housing. The project also includes a 3,000 square foot senior recreational center. Applicant Gary Young 281 5 Mesa Alpha, and Architect Steve Puglisi presented proposed plans for: . One and two bedroom units for senior living. . Dedication of 15 units for those with moderate income. . Senior living area with a Senior Center. . Addressed concerns of previous failed project including: . ADA compliance, . Traffic, parking and fire access . Height and mass of buildings . Asked for input from Planning Commission and Staff to meet any immediate concerns. The Planning Commission expressed concerns regarding ADA compatibility, parking, traffic studies, and visual impact. Mr. Paulding, President of the Five Cities Seniors Associate spoke in support of this project and the much-needed senior center. ITEM. IV. DISCUSSION ITEMS Director Kerry McCants discussed the format for the General Plan Update meetings of July 1 8 and 1 9, 2001. This discussion included the introduction and approval of sign in sheets for members of the public wishing to speak and limitation of time for these speakers and reserving parking for the Commissioners. A TT ACHMENT 3 Central Coast Real Estate DeveloDment . Inc. 2815 Mesa Alta Lane Arrovo Grande. CA. 93420 805-459-0356 fax 805-473-9485 email- earvone(Q)hotmail.com July 30,2001 Kerry McCants Community Development Director 214 E. Branch Street Arroyo Grande Ca. 93421 Dear Keny. We arc planning on making application for funding assistance through the housing in-lieu fund. Would you please advise us as to the procedure for this process? We are anticipating application for these funds to offset infrastructure and city fees. Thanks, ~B~~ Json B. Blankenship Associate Planner G.d dOG:G1 10 DE: Inr ii.d. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~ SUBJECT: AUTHORIZE TO DISTRIBUTE DRAFT ORDINANCE AND RESOLUTION AMENDING THE SEWER CONNECTION FEES DATE: AUGUST 14, 2001 RECOMMENDATION: It is recommended the Council: 1. authorize the distribution of a Draft Ordinance and Resolution amending the Sewer Connection Fees; and, 2. direct staff to return in approximately 45 days with a summary of public comments and to introduce the proposed ordinance for first reading. FUNDING: The modified sewer connection fee will provide revenue for the Sewer Facility Fund in an amount sufficient to pay the cost of providing sewer service to new development. DISCUSSION: On October 24, 2000 the City Council requested that staff revise the sewer area charge to address open space easements and to review the basis for the fees. A study was prepared by Tuckfield and Associates which analyzed the sewer connection fees, including the sewer area charge (a copy of which is available for review at the Public Works Department). The study recommends the following modifications: 1. The present connection fee, which consists of a sewer area charge and a benefit unit charge, should be consolidated into a single fee based on equivalent dwelling units. This addresses open space because it only considers the sewage producing use of the property, is defensible as a basis for the fees, and is easily applied. 2. For residential uses, a single residential use is the basis for the fee. Adjustment factors are used for multifamily and mobile home uses, which generate less wastewater than a standard residence. 3. For non-residential uses, the proposed connection fee would be based on water meter size, which is reflective of the amount of wastewater a commercial use generates relative to a single family residence. 4. The recommended fees and a comparison with other agencies is shown in Attachment 1. In general, the recommended fees are comparable to connection fees charged by several surrounding agencies. 5. The fees include an automatic annual adjustment, based on the Engineering News Record (ENR) Construction cost index. This is the same formula used to annually adjust development impact fees. The sewer connection fees are established in the Arroyo Grande Municipal Code, and therefore require the ordinance to be modified. Staff recommends that the amount of the fees be adopted by resolution in order to provide maximum flexibility for future mod ifications. A draft ordinance and resolution are included as Attachment 3 and 4 respectively for Council consideration. AL TERNA TIVES: The following alternatives are provided for the Council's consideration: - Approve staffs recommendation; - Do not approve staffs recommendation; - Modify as appropriate and approve staffs recommendation; or - Provide direction to staff. Attachments: Attachment 1 - Proposed Fees and Comparison with other Agencies Attachment 2 - Existing Municipal Code, Articles 4 and 5 of Title 6 Attachment 3 - Draft Ordinance Attachment 4 - Draft Resolution Establishing Fees ~ M N 0 N m 0 ~ ~ 0 ~~ <D N * N ;; !i c ~ ~ ~ E m ~ 8 ~ ~ ~ N ~ i: . . N 0> .0 =E~ ~ --- 0 :J::J .! ~ 2:! . ~ ~ ~~~ m m ~~~ (I) ~~ ~ 8.8.'; . L1. )'''''1 0 008 ,......:.(0-1,....., ("") .... to U') N c: ..... ~ij"'" Q) .Q ..,...,. .... o O)<o;;q m '" .'0'0 gj .- N' N ...... 'fi :I",,,,r ...., ~ 69- ~ CD.!!.!. O~ ~ i;'c:c:a:: o -00 (I) _ o.,-_U c: c: ~ ~ '" .EE~~5 c: :3 B B ::ii:8"'[:n o 0 Ci co :o:c ~~~~~~~ o 0 ~ .~ ~ ~ $! ~~~~~ ~ ~ .... 0 0 0 0 ~ ,.,o>MN i> i> U (1)0 ~ ~ 0 ~ m ~............",,,,.E ~ c.. N iN t.ri ,:cci ..... '2 ~ !I ~ ~ ~ ~ ::> ~ W .jW ~ :,~ II: 0:: 0:: 0:: a:: 0:: ~ ~ :c ,rj ;,W ~E:;:;;;gg=: -g <; ~I....~"""c.'..'..'.~"'.;'...~ ~ .. 0:3 to.~ ~ c....J N'O m o c: N::;~~ ...... or- .... cu WjW r--:D..(/) (I) ~ c: :c~:c -..... ~~.~ -9 c: ~ 'em.. ..'.... 'e ." CU (I) ~~ ~ ...... ... .... .- g~;g m (!) :!: 0 fOe 0 m c: N~;N ...... o :3 W'*:W >- ,;. o E .t., x t: E ~~{:V( ~ -K <( 0 ro!.ro; ro 5 B 'to- () ;:;~}:: OJ ~ ~ o .... to~,j~ ex) ~ :g, >- (I) w;~.:w ~ aI ~ 5 t5 ~~~, i; '0 ..c: :c~;:c 'g ;, ...., -~~~.......... J:) a. ,.. .- ~c= ~ 0 0. ... == ~~~ ~ ;; o ex)jJ)'~ ...... "'.... .!!! N"~;m g ffio I- ,......~ 'fQo;;~ U1. N Q) -g CU ~~;~ 5 aI. E Cli} ~ ~~ o 11:)4 ~ 'fiai>. () ~i~~ ~ ~ci~ ~\::: - u .!! ,g'Ou !:{~~,: ~ ~ 5 gt!8. >>117; CI> c: '" 1$ "'. {j :I -=~~fjE CI> - '" '~aI~ ~E~o:E ~ -g E'2~IL,~...; c: u.ro 1E.J:r: en .(/)- U; 8 ~ - I' -g '" Q) "JctF Q) W ....c:s_CIJ '2 .!!1 ~~.J~ 0;: Iii '- g ~ ~ ,g ;; ~ -en C18.c c: ...., co U I;: :J en c: ca GlC:JOI.o 0 GI GI o~"EaI~ o::cnF.:EI;.'~ z :!: >- uJ~~~~8g . en'-' CI) .. "" '" ., "" E E , co ~~~~~a: ..... "r') ..... ~~c3cf8~~ . ~B&~~ _ 6-6.401 6-6.404 Article 4. Pem:xits and Connection Fees Sec. 6-6.401. Pennits: R eauired. It shall be unlawful for any person, other than the City, to make any connection to any,p.tblic ! f or building sewer, or to construct, perfonnmaintenance, or alter any public sewer main or building sewer within the City without first obtaining a permit from the City for such work. Permits issued pursuant to the provisions of this chapter shall not be transferable from one person to another without the consent of the City. (Sec. 1, Ord. 105 C.S., as amended by Sec. 3, Ord. 321 CoS., adopted March 26, 1985) Sec 6-6.402. Pennits: Applications: Issuance. Any person desiring a permit for any work involving sewers shall make an application in writing to the City, givin'g suchinfonnation as the City may require, on foDDS furnished for that p..1rpose. If it appears therc:from that the work to be performed thereW1der is to be done according to the regulations set forth in this chapter and accordin'g to the laws governing the construction of such work, a peanit shall be issued upon the payment of the required fees. (Sec. 1, Ord. 105 C.S., dL October 24, 1974) Sec. 6-6.403. Peanits : Exc c: txiu!lS. Nothing contained in this article shall be deemed to require the application for, or the issuance of, a pennit for: the puqx>se of removing stoppages or repairing leaks in a building sewer, e.J:cept when it is necessary to replace any part of such sewer. For the p.1rpose of this O1apter, building sewer: is defined as all sewerage exclusive of City main line including, but' not limited to the wyes, tees, saddles, laterals, and plumbing. (Sec. 1, Ord. 105 C.S., as amended by Sec. 4, Ord. 321 C. S., adopted March 26, 1985) Sec. 6-6.404. Pennittec:s: Liability. The person to whom a permit fo.- construction has been,issued and the person perfonning the work under such pennit shall be liable for all damages of whatsoever nature occasioned by or resulting from the performance of such work, and such persons shall hold the: City and its c:mfloyees and agents harmless from all loss, including exr-enses incurred in defending any action against the City arising out of such construction work. The applicant shall be liable for defects in the work and for any failure MUch may develop in the facilities because of dc:fective work or materials. (Sec. 1, Ord. 105 C.S., eff. October 24, 1974) 223-4 Reprint No. 34 (11/1/85) 6-6.405 6-6.407 Sec. 6-6.405. Permits: Fees. 1he General Sewer Permit fees shall be as follows: (a) Seven and no/100ths (~7.00) Dollars for the sewer permit and inspections; and (b) Connection charges as adopted by the Governing Board of the South San Luis Obispo County Sanitation District for said sanitation district. (Sec. 1, Ord. 105 C.S., as amended by Sec. 5, Ord. 321 C. S., adopted March 26, 1985) Sec. 6-6.406. Permits: Fees: Disposition. Permit fees collected under Section 6-6.405 (a) shall be deposited in the General Fund of the City. Permit fees collected under Section 6-6.405 (b) shall be disbursed monthly to the South San Luis Obispo County Sanitation District. (Sec. 1, Ord. 105 C.S., as amended by Sec. 6, Ord. 321 C.S., adopted March 26, 1985) Sec. 6-6.407. Connections : Fees: Ccmp.1tations. For each lot cormection of a building sewer to a p.ililic sewer, a connection fee shall be collected by the City, before the permit for the connection work is issued, as follows: " (a) Four Hundred Ninety-On~ ~d 20/l00ths Dollars ($491.20) per acre "acre charge"; and (b) Seven Hundred Fifty-Four and 10/100ths Dollars ($754.10) per unit "~nefit unit charge". The charges for comecting to any p.tblic sewer on or after October 24, 1974, shall be deteanined by app.ying the following foanula to the above stated charges: 1+ (Current E.N.R. Cost Index) - Base E.N.R. Cost Ind~= Multip.ier i \ . 7 7,+ Base E.N.R. Cost Index 1.--094-. J I "Base E.N.R. Cost Index" shall be the Engineering News Record Construction cost Index in effect on October 24, 1974. "Current E.N.R. Cost Index" shall be the Engineering News Record Construction Cost Index at the time of connecting to the p.tblic sewer. "Multipier" shall be the figure used to multip.y the charges set forth in subsections (a) and (b) of this section by to adjust such charges to the current construction costs. ~ ,- ./ 223-5 Reprint No. H (11/1/85) 6-6.407 6-6.408 Type of DeveJopncnt (cont'd) Nunber of Benefit Units (cont'd) Coomercial develofIDent with 15 or less fixture units (as defined by the Unifonn Plunbing Code) in- cluding retail, restaurants, professional office buildings or condomini\m1S 1 per building Coomercial devdopnent with more than 15 fixture units including retail, restaurant, professional office buildings or condomini\m1S 1 per building, p.us Fifty and 27/10 Oth Dollars (~50.27) peL fixture unit over 15 fixture units , (Sec. I, Ord. 105 C.S., as amended. by Sec. 7, Ord. 321 C.S., adopted March 26, 1985) Sec. 6-6.408. Connections : Fees: Adjustments. An adjustment to the area charge may be made as follows: (a) When a lot is one and one-third (11/3) acres or larger and when, in the opinion of the Gty, such lot qualifies for subdivision into five (5) or more lots, an adjustment will be made to allow for the loss of acreage in developnent. 1l1e adjusted acreage to which the basic area charge shall be app,ied shall be seventy (70%) percent of the gross acreage. (b) When a lot is one and one-third (11/3) acres or larger and.when, in the opinion of the Gty, such lot qualifies for subdivision into fin (5) or more lots, an adjustment will be made to allow for the loss of acreage in develofIDent. An additional adjustment may be made for adverse topogra~y or other special conditions which make difficult the developnent of all the property into minimun size City lots. If the latter condition exists, at the sole discretion of the Cit}j the final adjusted acreage to which the / basic area charge shall be app,ied shall be sixty-three (63%) percent of the gross acreage. (Sec. I, Ord. 105 C.S., eff. October 24, 1974) \ ; ......::.,../ 223-7 Reprint No. 34 (11/1/85) 6-6.409 6-6.411 . - ~c. 6-6.409. Connections: Fees: Disposition. All moneys derived from sewer connection fees shall be deposited as follows: ( a) Ten (10%) percent shall be deposited in the General Fund of the City to pay the administrative costs. (b) Ninety (90%) percent shall be deposited in a special fund to be known as the "Future Sewer Facility Fund", which fund is hereby created. The money in said fund shall be used to help pay for improvements and future capacity as necessary to meet the needs of the City resulting from growth and expansion, and portions of said fund, when necessary, may also be used for further maintenance and opera- tion. Said fund shall not be used to pay for new services, except to ke refunds to any person or developer who has installed a sewer line rtension benefiting other lots as such lots connect into such exten- sion and their connection fees are deposited into said fund. (Sec. 1, Ord. 105 C.S., eff. October 24, 1974) Sec. 6-6.410. Connections: Fees: Exceptions. For sewer service to any lot not included in the provisions of Section 6-6.409 of this article', the City shall determine the amount of the connection fee on such a basis that such fee will be equivalent to that paid by other users. (Sec. 1, Ord. 105 C.S., eff. October 24, 1974) Sec. 6-6.411. Char~es for extraordinary 8e~i.ces . It is the' intent of the City to equalize the cost of sewer ser- vice throughout the area of the City by the application of the provisions .: this article, and notwithstanding any provisions of the foregoing .' 223-8 Reprint No. 12 - 2-28-75 . 6-6.411 6-S.412 ._ provisions of this article, the City may in any instance increase the service charges to be charged for any extraordinary service to achieve such objective. (Sec. 1, Ord. 105 C>S., eff. Ortober 24, 1974) Sec. 6-6.412. Connections~ Fees~ Credits. In considerations for credit, the Director of Public Works shall consider each application and determine whether the property has been assessed in assessment district proceedings for collector line con- struction, or whether the owner or dAveloper of the property has con- tributed to the cost of construction, or whether the developer has constructed a sewer line which would allow him a credit. A credit shall ~~:;f:: qiven against the approprlate sewer connection fee if the Director of: Pubiic Works determines that~ (a) The land is or was part of an assessment district upon , , which the cost of sewer collector lines was assessed and the owner of the land, or his predecessor, has paid or was assessed an area charge and benefit unit chargee Credits shall be allowed for all land assessed for area charges. and credits shall be given for all benefit unit charges previously assessed; and ( b) The owner or developer, or his predecessor, either con- structed a sewer or contributed to the costs of ronstruction of a sewer. A credit for a sewer line extension in the public streets shall be given against the connection charce as set forth in Section 6-6.502 of this article. (Sec. I, Ord. 105 CoS.. eff, October 24., 1974) ,,"-~;~.j 12 - 2-28-75 223.-9 Reprint No. .- ,- r')l 6-6.502 9:0.::H . , Artiele 5. Publ:c; f;;"::~J,:';'"C' ~;xtensions Sec.. :.-6.501. i'.pu' iC"lt-'; 0"(: S' Installa L'i.(;llS: Cost s: Refunds. ~ '-.~-L.. _.1 . ---.-------.- ,:'m;y person c1.esirjnr; an extension tCl the public se'Her system to serve Droperty' wittli~ t: l"l€-; lJ is t ::-:.'1.. l~" t: ~~ ;-'" i.:. r:; "~r': .. 8. !_1:'.~~1uest in ::lri ting t ';--1-(.-. ('10-.'--7 -F',.-,,:-, ":I .....r'\.~~:i;""'rii- - .... "/"":1I.._"r';/",,:,1 ;....~ -." ""f -rb ~ "b"lo.t f L~":'. '.iI.. '.' .:.....,. C. J'-<-... .J nary l!l\jt_.:.JvJ..c~:.J.L,..:..OlJ \.) v.8 .leaSl l l Y 0 .:::L~I~ll ;:;:{"L: f:?:llS i.011 0 If such sewer line extension is feasible, the City s."'''' notify the person requesting such extension that he may proceed lLI...". as ;ocn as ne ha,s acquired the neC2SS3~~ uermits for the work. All I- , e~.:-:; <:;nr: i or} ;-; -~., 0 -[;1.11..; 1 i (~ ~~::j\'le]: lirles sli8.~Ll })~3 in~3talled by a contractor :.C:I1381"l ;:) dc; 3 ~)\',re 1.-' '..~JCJ]~:'};':. rrh- r 1")-'-""'1'".. '.- f)'Tl ~"r I'e"u"'" CT in po such se"Jer -. v d- \.. ..:.:.."...- 1./,., ....~..t c...... - ,,:t vV'.J --0 'C . . stt ::"J.l. 1 T) c1;:/ for the i.nstallatiou of such line. rrhe i...: 1(; :,,:'\, ::n~n.(jn .,"j ~~ ~ ("' :. _'- t: ~/ 0 '. /rL e.r- !r:n.;I a.T~'I)j- jT I..',..) trle (;'1 t~l (0.:. ::' refund of the cost of such . '" '.. <> 11 ,... t . less the following charges: flu. G.. ....0. ,lon, (a) The sewer connection charges; and ,. ) 1'en (109~) percent of thereflmd to cover the City's I, ...... . ., ... '-' '.": C.. ~J t 2 ~ the administration of such l'fdund. ".-" ~- , ..... , (J crl. 10') C.d., eri' . October ~~.q., 19/1... ) ,> c , , ,:,,-,..~ ()-6. 502. Installa.tions: Co se s : Re t".lndG: Ap.,-reements. ....)\:J...:, . ri.'h1. 'i ~. ~l [T; ;.J,-) ~ltJr)I-:'t) fJe a refund aL;-r-ee;T1im. t ';Ii th a person OT .:leveloper ) h~';; iJ. foc publie sewer extensions. r~u'.~h agreements shall provide C'O-L~ ~- : .!...~c-imburf:;ement of 'f',he costs for S8";,,:1' line extensions benefit- J.n' ~Lher lots as such lots are connected into the .1- . The eXt,enSlons. refund~, shr:.ll be paid from revenue p&id to the City for the benefit u Lt C]1(..:',:S on the lots as the;y connec; t to such extensions. i;.lt~ term of any executed refund agreement shall be a maximum of 1 , ()) years from the date of execution. shall not \.~,,"~!l Such agreement 223-10 Reprint No. 12 - 2-28-75 be transferred or assigned, except upon th~'! \'lritten consent of th~ Council.. (Sec 0 1., Orc... ' 05 G '"' eff.. October 24-, 1(74) .1. ,,00 ~ See.. 6~6..503.. Co:n:n.ections: Charg~ ~ Payment.. No sewer service shall be pTovided to any lot by a lateral sewer , . connection. to a se\ver- extension. w.ltil the Oi,mer of such lot has paid the sewer corh~ectiorr charges on the lot or has entered into an agree- ment with the Cit:.'l to pa;:r such cha:rges in annual installments over a period not to exceed ten (10) years, with interest accrued at seven (7%) percent per.' :T8.:u', compound.ed B-.TIDuaJ..ly on the unpaid balance.. (Sec.o 1~ Ord.. \ 05 (' ,., effo Octobe:::-:' 2L~, 1974-) , _ J"vo, : . ""I Article 6.. Inspections Sec:" 6~.S.. 601 ~ +fieoll; 7):::.d -..---...---'---.---. ':.._.--6--=~~.. 0 14.~L]. seVJE-),I~ Cr':Jll:::i-t:CV.Cl-:ioIl ~'l;)]71{ ') i.!.'l\~J_'LldiI).g t:ap s -~_Il t;c: sewer malns, \rJithin the G:it~y- shall be done in strict compliance with the City plans roid specifications therefor and the current Uniform Plumbing Code. SUGh work shall be inspected by a City inspector. (0r- " l~ Ordo J.05 (;. s. , eff" October 24, 1974) i...-,c;t.; 0 Seeo 6"~6,, 602. Notic~s: Preparation of work: Defects. All "'iOl.'k (lone pursu.ant to the provisions of this chapt;er shall be subject to j~spectiGn by the City. Notices requesti.ng such inspections ~:;"~-,'-;11 br C;'~ ~'E:'-"" -; n ,.ry-i 'r'; ;,0' -to 'r:1""" ('-i +-v b-r the po"Y>scn firm, or corpora- 1.........._ _. I e c-~.L" .L. ~_.._ .~---~._..-o ~ I.. .J.'.J J_..IJOJ J #-." v...l. ) '} t' .., . - or causing slich work to be done, one Morking d~Y, lQn Qo~ng alien worK, '. wi.thin the normal 'Norking lH;>urs, in advance of the time the inspect~Qn is to be d.one" U:p to the time of the inspection all work shall reft1ain tlr.covered an.d convenient for the inspector's examinationo If 8D:Y , 223~.11 Reprint No. 12 - 2-28-75 '-J ORDINANCE NO. - C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING ARTICLES 4 AND 5 OF TITLE 6 OF THE ARROYO GRANDE MUNICIPAL CODE WHEREAS, the City of Arroyo Grande has commissioned a study to update its sewer connection fees; and, WHEREAS, the study recommended equitable and proportional connection fees in order to fund the infrastructure needed to provide sewer capacity to new users, and, WHEREAS, the City desires to implement such connection fees. THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1: Articles 4 and 5 of Chapter 6 of the Arroyo Grande Municipal Code are hereby amended in their entirety as shown in Exhibit A attached hereto and incorporated by this reference as though set forth in full. SECTION 2: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or an part thereof is for any reason held to be unlawful or unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that anyone or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unlawful or unconstitutional. SECTION 3: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at last five (5) days prior to the City Council meeting at which the proposed ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the Director of Administrative Services/Deputy City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council Members voting for and against the Ordinance shall be published again, and the Director of Administrative Services/Deputy City Clerk shall post a certified copy of the full text of such adopted Ordinance. ORDINANCE NO. - C.S. 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 Ordinance was adopted this _th day of ,2001. MICHAEL A. LADY, MAYOR ATTEST: KELL Y WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY EXHIBIT A Article 4. Permits and Connection Fees Sec. 6-6.401 Approval: Required It shall be unlawful for any person, other than the City, to make any connection to any public or building sewer, or to construct, perform maintenance, or alter any public sewer main or building sewer within the City without first obtaining approval from the City for such work. Sec. 6-6.402 Approval: Process Any person desiring to perform work involving sewers shall make a request in writing to the City, providing specific details of the proposed work and any other such information as the City may require. The work to be performed shall be done in accordance with City Standards and Codes. Approval of the proposed work will be issued in the form of an encroachment permit, a building permit, approved subdivision plans, or other permit applicable to the overall project involved. The applicant shall pay all such permit and inspection fees associated with the approval. Sec. 6-6.403 Approval: Exceptions Nothing contained in this Article shall be deemed to require the application for, or the issuance of, a permit for the purpose of removing stoppages or repairing leaks in a building sewer, except that when it is necessary to replace any part of such sewer. For the purpose of this Chapter, building sewer is defined as all sewerage exclusive of City main line including, but not limited to the wyes, tees, saddles, laterals, and plumbing. Sec. 6-6.404 Permittees: Liability The person to whom a permit for construction has been issued and the person performing the work under such permit shall be liable for all damages of whatsoever nature occasioned by or resulting from the performance of such work, and such persons shall hold the City and it's employees and agents harmless from all loss, including expenses incurred in defending any action against the City arising out of such construction work. The applicant shall be liable for defects in the work and for any failure which may develop in the facilities because of defective work or materials. Sec. 6-6.405 South San Luis Obispo County Sanitation District Fees Each connection to the sewer system shall be charged a fee as adopted by the Governing Board of the South San Luis Obispo County Sanitation District for said sanitation district. Sec. 6-6.406 Connections: Fees: Capacity. For each connection of a building sewer to a public sewer, a connection fee is hereby established. The fee shall be collected by the City before the permit for the connection work is issued. The City Council may from time to time, by resolution, set forth the amount of the sewer connection fees. Said resolution shall provide for a method of adjusting the amount of the fees to account for changes in construction costs or other considerations affecting the reasonable relationship between the fees and the cost of the public sewer system. Every house and building requiring a sewer service shall have an independent connection to the public sewer, except that more than one building located on a lot under one ownership, or condominium, or planned unit development may be connected to the same building sewer in conformance with Section 6-6.309. With the exception of condominium and planned unit developments, in the event a lot with a house or building so connected is subdivided, an independent sewer connection with appropriate easements shall be provided for each differently owned premises. With the exception of condominium and planned unit developments, no two (2) owners of adjacent lots fronting on the same street shall be permitted to join in the use of the same building sewer. Sec. 6-6.407 Sewer Connections Outside the City Limits Sewer connections to an area outside the City limits shall be subject to the following conditions: (a) The applicant shall provide detailed calculations that demonstrate that the proposed sewage flow, plus the projected sewage flow from the areas within the City limits at buildout can be conveyed by the City sewer system. The analysis shall be reviewed and approved by the Director of Public Works. (b) The applicant shall provide a will serve letter demonstrating that the South San Luis Obispo Sanitation District will accept the additional sewage. (c) Pay connection fees as described in this Article, plus an additional 20 percent of the City connection fee for City overhead for administration of the outside sewer connection. In addition, the applicant shall be responsible for all costs associated with the outside sewer connection. (d) For sewer connections of a single residence unit, the Director of Public Works may approve the outside connection. For connections of more than a single residence unit, the outside connection shall be approved by the City Council. (e) Provide evidence of approval of all necessary government bodies, including but not limited to the Local Agency Formation Commission. Sec. 6-6.408 Connections: Fees: Disposition All moneys derived from sewer connection fees shall be deposited in a special fund known as the "Sewer Facility Fund". The money in said fund shall be used to pay for sewer improvements and future sewer capacity as necessary to meet the needs of the City resulting from growth and expansion. The fund shall not be used to pay for operation and maintenance. Sec. 6-6.409 Connections: Fees: Exceptions Whenever new development replaces existing development, the connection fees shall be as stated in this Article, less any credits determined in accordance with Section 6-6.411 . For any sewer connection not included in the provisions of this Article, the City shall determine the amount of the connection fee on such basis that such fee will be equivalent to that paid by other users. Sec. 6-6.410 Charqes for Extraordinary Services It is the intent of the City to equalize the cost of sewer service throughout the area of the City by the application of the provisions of this Article, and notwithstanding any provisions of this Article, the City may in any instance increase the service charges to be charged for any extraordinary service to achieve such objective. Sec. 6-6.411 Connections: Fees: Credits A person making a sewer connection may apply for credit against the fees due. Credit may be allowed for connection fees, a portion thereof, or an equivalent that has been previously paid. The Director of Public Works shall determine that amount of credit allowed. No excess will be refunded. No reductions in connection fees shall be transferable to another parcel of land. Article 5. Public Sewer Extensions Sec. 6-6.501 Applications: Installations: Costs: Reimbursement Any person extending a public sewer to the benefit of other properties may request a reimbursement agreement. The City Council shall approve or disapprove of any reimbursement agreement. The reimbursement agreement shall not reduce the connection fees to be paid to the City. The maximum term of a reimbursement agreement shall be 10 years. Sec. 6-6.502 Connections: Charqes: Payment. No sewer service shall be provided until the sewer connection fees have been paid. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING SEWER CONNECTION FEE AMOUNTS WHEREAS, the City Council adopted Ordinance C.S. amending Sewer Connection Fees; and WHEREAS, the City Council may by resolution establish the amount of the fees pursuant to the above referenced Ordinance; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby adopts the fees set forth in Exhibit "A" attached hereto and incorporated herein by this reference as though set forth in full. This Resolution shall take effect sixty (60) days after its adoption per Government Code Section 66017. 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 day of 2001. RESOLUTION NO. PAGE 2 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER . APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY EXHIBIT A SEWER CONNECTION FEES For each connection of a building sewer to a public sewer, a connection fee shall be collected by the City before the permit for the connection work is issued. The amount of the fee collected is as follows: Type of Development Connection Fee Residential - per dwelling unit Single Family $ 728 Multifamily (a) $ 539 Trailer Park/Mobile Home $ 597 Non-Residential - per water meter size (b) 5/8 inch $ 728 3/4 inch $1,090 1 inch $1,820 1 1/2 inch $3,640 2 inch $5,824 3 inch $10,920 4 inch $18,200 6 inch $36,400 8 inch $72,800 10 inch $109,200 12 inch $160,160 (a) Multifamily includes duplex, triplex, apartments, and condominiums (b) For meter sizes larger than shown, connection fee determined based on the ratio of the maximum safe operating capacity of the meter to that of a 5/8 inch meter. The connection fees shall be increased each January 1 with the annual percentage increase of the annual average ENR Construction Cost Index as established in the Engineering News Record publication. The ENR basis for the fees as listed above is 6221. Adjustment Formula: Adjusted Fee = (Current Fee) x (Current ENR Index) / (6221) 11.e. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER~ TIMOTHY J. CARMEL, CITY ATTORNEY SUBJECT: CONSIDERATION OF RESOLUTION APPROVING AGREEMENT REGARDING MANAGEMENT OF THE ARROYO GRANDE GROUNDWATER BASIN DATE: AUGUST 14, 2001 RECOMMENDATION: It is recommended the City Council adopt the attached Resolution approving the Agreement Regarding Management of the Arroyo Grande Groundwater Basin and authorizing the Mayor to sign the same. FUNDING: No fiscal impact at this time. BACKGROUND: This report is prepared to update the councils of the Cities of Arroyo Grande, Grover Beach, and Pismo Beach, and the board of the Oceano Community Services District with respect to the recommendations for updating and formalizing the "Gentlemen's Agreement" that has been in effect between these entities since February of 1983. The "Gentlemen's Agreement" governs the respective entities' pumping of groundwater from the Arroyo Grande Groundwater Basin. It was adopted in the form of multiple individual resolutions adopted by each ofthe respective parties. The update and formalization of the agreement has become a priority issue due to the Santa Maria Groundwater Adjudication, to which all of the parties to the agreement have been named as defendants and cross-defendants. An ad hoc committee of staff and attorneys representing the proposed signatories to a new updated agreement has met on several occasions to work out recommended language for updating and formalizing the agreement. That language is presented to you as Exhibit "C" to this report. The ad hoc committee recommends the adoption of the attached resolution that approves the agreement and authorizes its execution. DISCUSSION: Responsible management of the groundwater resources on the Arroyo Grande Groundwater Basin (the "Basin") is important to all of the public entities in the Basin. This CITY COUNCIL UPDATED AND FORMALIZED "GENTLEMEN'S AGREEMENT" AUGUST 14, 2001 PAGE 2 goal has been accomplished historicaJly through the informal "Gentlemen's Agreement" entered into by the entities in 1983. The implementation of the "Gentlemen's Agreement" resulted in the successful management of the groundwater resources in the Basin for nearly twenty years. Formalization of the agreement will serve the parties' interests in responsible management of the groundwater resources and provide a structure upon which to proceed into the future. The formalization will, additionally, confirm to all other parties claiming an interest in water within the Basin the commitment of the entities to continue responsible management ofthe groundwater resources,. giving momentum to the court and litigants in the Santa Maria Groundwater Basin Adjudication (sometimes herein the "Adjudication Litigation") to let the signatories to the agreement out of the pending Adjudication Litigation. A. Historical Context. The public entities in the Arroyo Grande Groundwater Basin have historically relied upon groundwater resources to meet their potable water needs, at least in part. The Lopez Reservoir Project did not change the fact of that reliance, though it provided a significant alternative source of potable water for contracting members of the project. The continued reliance on groundwater resources in the Basin was documented in the 1979 report prepared by the Department of Water Resources entitled Ground Water in the Arroyo Grande Area. Additionally, that report identified concems regarding over drafting of the Basin due to reliance on the groundwater resources. The interested parties convened an "Ad Hoc Technical Advisory Sub-Committee" to study the issue of over-drafting and to make recommendations on how to address the problem. The Ad Hoc Technical Advisory Sub-Committee reviewed the data regarding safe yield and the historical use of groundwater resources of the Basin. The Ad Hoc Technical Advisory Sub-Committee then made a recommendation on the division ofthe Basin's safe yield via a memorandum dated January 24, 1983 to the South San Luis Obispo County Water Association (the "Association"), a copy of which is attached hereto as Attachment 1. On February 9, 1983, the Association adopted the recommendations of the Sub-Committee via Resolution No. 83-1, a copy of which is attached as Attachment 2. The public entities of the Basin, including the Cities of Arroyo Grande, Grover Beach, and Pismo Beach, and the Oceano Community Services District, adopted resolutions "approving and supporting" the terms of Resolution No. 83-1. These individualized resolutions constitute the "Gentlemen's Agreement" under which the water users in the Arroyo Grande Groundwater Basin generally operated since early 1983. The "Gentlemen's Agreement" was negotiated as a compromise that would allow all the public entities to meet their water needs as projected through 1995 - 2000. Two agencies, CITY COUNCIL UPDATED AND FORMALIZED "GENTLEMEN'S AGREEMENT" AUGUST 14, 2001 PAGE 3 the City of Arroyo Grande and the City of Pismo Beach, agreed to not insist on an allocation of their full historical use of groundwater in order to balance the Basin groundwater budget. Specifically, Arroyo Grande chose not to pursue 358 acre feet per year of historical use and Pismo Beach chose not to pursue 20 acre feet per year of historical use to balance the water budget. This negotiated compromise allowed all the agencies to meet their projected water needs into 1995-2000. B. Current Circumstances. The Arroyo Grande Groundwater Basin is currently being well managed and is in balance. The revised final draft of the Department of Water Resources report entitled Water Resources of Arroyo Grande and Nipomo Mesa, January 2000 has concluded that the Arroyo Grande Groundwater Basin is well managed and shows no signs of overdraft. Thus, the Gentlemen's Agreement has been successful in protecting the resources of the Basin. The public entities overlying the Basin have been added as defendants and cross- defendants in the Santa Maria Basin Groundwater Adjudication. This litigation has been ongoing for approximately two years. The case is a massive lawsuit between all of the major groundwater users within the Santa Maria Groundwater Basin. Parties to this Adjudication Litigation seek to have the groundwater resources within the overall Santa Maria Groundwater Basin allocated to specific users. It has been determined that the Arroyo Grande Groundwater Basin is in fact part of the overall Santa Maria Groundwater Basin, and thus, the Gentlemen's Agreement agencies have been added as defendants and cross-defendants in the multiple lawsuits. The Adjudication Litigation could have a significant impact on the water rights of the Gentlemen's Agreement agencies. The Gentlemen's Agreement agencies have, therefore, actively defended the lawsuit, taking the position that our water use in the Arroyo Grande area does not affect other users in the Santa Maria Groundwater Basin and we should be removed from the litigation. The Gentlemen's Agreement agencies are jointly defended in that lawsuit since they have a unity of interest based upon the Gentlemen's Agreement. Our counsel in the Adjudication Litigation has recommended we update and formalize the Gentlemen's Agreement in the form of a written contract. They belieye the formalization of the agreement will provide considerable motivation to the parties of the Adjudication Litigation to allow Gentlemen's Agreement agencies out of the Adjudication Litigation and will assist the court in determining that the Arroyo Grande Groundwater Basin should be treated as a separate management unit within the overall Santa Maria Groundwater Basin so that we can be removed from the overall Adjudication Litigation. CITY COUNCIL UPDATED AND FORMALIZED "GENTLEMEN'S AGREEMENT" AUGUST 14, 2001 PAGE 4 The key issue in the Adjudication Litigation affecting the Gentlemen's Agreement agencies is set for trial in October of 2001. The attorneys representing the Gentlemen's Agreement agencies have recommended an update to the Gentlemen's Agreement and a formalization of the agreement. The update and formalization is intended to assure other water users that we will continue to responsibly manage our groundwater resources into the future and to support our position regarding removal from the Adjudication Litigation. C. Proposed Updated and Formalize Gentlemen's AQreement. The Gentlemen's Agreement agencies have met through their technical staffs and counsel as a new ad hoc committee to update and formalize the Gentlemen's Agreement. We have concluded our review and negotiations and each agency's representatives recommend the proposed language to update and formalize the agreement based upon the historic compromise of the original Gentlemen's Agreement. There are three key issues addressed in the proposed new agreement. They are as follows: 1. Historical Compromise: The ad hoc committee has agreed that the success of the Gentlemen's Agreement should continue to be pursued. Changing the basis for the groundwater pumping of the last eighteen years would not be realistic in light of the time frame for updating and formalizing the agreement. Additionally, the Gentlemen's Agreement compromise has successfully protected the groundwater resources in the Basin for these eighteen years and we did not believe it appropriate at this time to "mess with success". Thus, the proposed updated agreement uses the original allocation of groundwater resources as the basis for future division. 2. ChanQes of Yield: We also agreed that changes of safe yield that occur in the future, if there are any, should essentially be divided between the parties on a pro rata basis using the original Gentlemen's Agreement compromise, with one exception. Under the proposed new agreement, both Arroyo Grande and Pismo Beach are given a priority to recover the historic water use they did not pursue when entering into the original Gentlemen's Agreement, should it be determined that the Basin has supplemental water that can be divided between the urban parties to the agreement. 3. AQricultural Conversion: The proposed new agreement includes an agricultural conversion factor that allows for urban parties to increase their allocation based upon conversion of agricultural lands to urban uses. This conversion factor is simply intended to allow for the urban parties to utilize the water otherwise available for agricultural uses when the land is converted to urban use. The technical staffs of all the agencies met to decide CITY COUNCIL UPDATED AND FORMALIZED "GENTLEMEN'S AGREEMENT" AUGUST 14, 2001 PAGE 5 upon and recommend the specific formula for the conversion factor provided in the proposed new agreement. 4. Term of the AQreement: It was agreed to make the agreement last indefinitely since it has been successful for eighteen years, but to provide for periodic review and for any agency to opt out of the agreement should there be a significant change of circumstances that put that party at risk of not being able to meet its potable water needs. AL TERNA TIVES: 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 staff's recommendation; or - Provide direction to staff. Attachments: 1. January 24, 1983, memorandum to the South San Luis Obispo County Water Association 2. Resolution 83-1 of the South San Luis Obispo County Water Association C:\CLlENTS\Arroyo Grandel2001\Gent's Agmt Staff Report RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING THE AGREEMENT REGARDING MANAGEMENT OF THE ARROYO GRANDE GROUNDWATER BASIN AND AUTHORIZING THE MAYOR TO SIGN THE SAME WHEREAS, it is in the best interest of the City of Arroyo Grande to responsibly manage the groundwater resources of the Arroyo Grande Groundwater Basin; and WHEREAS, the "Gentlemen's Agreement" entered into in 1983 has proven to be a method for responsible management of those groundwater resources; and WHEREAS, a stable and assured groundwater supply is in the best interest of the City of Arroyo Grande and other public entities in the Arroyo Grande Groundwater Basin, now and into the future; NOW, THEREFORE, BE 'IT RESOLVED that the City Council of the City of Arroyo Grande does hereby find and determine that the "Agreement Regarding Management of the Arroyo Grande Groundwater Basin" is hereby approved and the Mayor of the City of Arroyo Grande is authorized to execute the agreement in substantially the form attached hereto as Exhibit "A". 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 on this day of ,2001. RESOLUTION NO. PAGE 2 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO FORM: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Exhibit "A" AGREEMENT REGARDING MANAGEMENTOF THE ARROYO GRANDE GOUNDW ATER BASIN A. Parties This Agreement is entered into among the San Luis Obispo Farm Bureau, the Cities of Arroyo Grande, Pismo Beach, Grover Beach and the Oceano Community Services District (collectively referred to hereinafter as "Parties"). The Cities of Arroyo Grande, Pismo Beach, and Grover Beach and the Oceano Community Services District, are hereinafter referred to collectively as "Urban Parties." B. Recitals WHEREAS, in January 1983, a Technical Advisory Committee consisting of representatives of Arroyo Grande, Grover City, Pismo Beach, Oceano Community Services District, Port San Luis Harbor District, the Farm Bureau, Avila Beach County Water District and the County of San Luis Obispo ("Committee") determined in reliance on the 1979 Report of the Department of Water Resources entitled Ground Water in the Arroyo Grande Area that the safe yield of the Arroyo Grande Groundwater Basin ("Basin") is 9,500 acre feet per year; WHEREAS, in or about February 1983, the Parties agreed to enter into a voluntary groundwater management plan to provide for effective management of groundwater resources in the Basin through which each party was given sufficient water to meet its needs as then projected; such needs being met in part by the City of Arroyo Grande foregoing 358 acre feet per year of its historical use and the City of Pismo Beach foregoing 20 acre feet per year of its historical use; WHEREAS, this management plan provided a reasonable division of the safe yield of the Basin without court imposed groundwater basin adjudication; WHEREAS, on February 9, 1983, the terms of the management plan were incorporated into Resolution No. 83-1 of the South San Luis Obispo County Water Association Approving the Recommendations of the Committee relating to the Basin (the "Resolution"); WHEREAS, each of the Parties have adopted individual resolutions endorsing the provisions of the Resolution; WHEREAS, the Parties have generally complied with the terms and conditions of the Resolution; and WHEREAS, general compliance with the Resolution has proven to be a fair and efficient means of managing and protecting groundwater resources in the Basin as confirmed by the revised final draft report prepared by the Department of Water Resources entitled, Water Resources of Arroyo Grande and Nipomo Mesa, January 2000. PAGE 1 or5 AGREEMENT REGARDING ARROYO GRANDE GROUNDWATER BASIN NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Division of Safe Yield. a. The parties agree to a division of the safe yield of the Basin as follows: Applied Irrigation 5,300 acre feet Subsurface flow to ocean 200 acre feet Urban Use: City of Arroyo Grande 1,202 acre feet City of Grover Beach 1,198 acre feet City of Pismo Beach 700 acre feet Oceano Community Services District 900 acre feet b. Any increase or decrease in the safe yield of the Basin attributable to changed operation of the Lopez Reservoir, or any other cause, shall first be divided between the Urban Parties and applied irrigation on a pro rata basis using the formula from the 1983 Gentlemen's Agreement, sixty percent (60%) to applied irrigation and forty percent (40%) to the Urban Parties. Thereafter, the first 378 acre feet per year of any increase of safe yield allocated to the Urban Parties shall be divided between the City of Arroyo Grande and the City of Pismo Beach on a pro rata basis (95% to Arroyo Grande and 5% to Pismo Beach). c. The entitlements of each respective Urban Party may be increased based upon the conversion of irrigated agricultural lands to urban use. An Urban Party to this Agreement may increase its entitlement for urban use by a factor of three (3) acre feet per acre per year minus the calculated urban usage per acre per year upon the conversion of irrigated agricultural land to urban usage. "Irrigated agricultural land" shall be that land within the corporate limits of the party that was identified as irrigated agricultural land in the 1979 Department of Water Resources Report entitled Ground Water in the Arroyo Grande Area. This agricultural conversion factor may be applied to all acreage converted to urban use from January 1, 1983, throughout the life of this Agreement. Such an agricultural conversion factor is in the best interests of the overall Basin in that it will not result in any decline in the groundwater service over time. The Parties agree that no water should be converted to urban use within the Basin without establishing that it was irrigated agricultural land as defin~d in the 1979 Department of Water Resources Report, Groundwater in the Arroyo Grande Area. d. The Parties agree and understand that the safe yield figures utilized in this Agreement are a product of the 1979 Department of Water Resources Report regarding the Arroyo Grande Basin as adjusted by the 1983 ad hoc Technical Advisory Committee and that the division of the resources is based upon the historical use of each party and a practical accommodation of each Party's needs as they existed at the time of the adoption of the 1983 agreement. It is agreed that the Parties will meet and confer on issues related to safe yield and division of existing water resources upon the PAGE 2 OF 5 AGREEMENf REGARDING ARROYO GRANDE GROUNDWATER BASIN final adoption of the new Arroyo Grande Basin study performed by the Department of Water Resources, which is currently in draft. 2. Shared Information and Monitoring: The Urban Parties to this Agreement shall freely share information with each other regarding each of their respective uses of groundwater in the Basin, including all pumping data such as amounts of water extracted, well static water levels, and water quality. The Urban Parties to this Agreement shall meet on a quarterly basis to share this information and to discuss water usage and impacts upon the Basin. The Parties shall conduct a review of water usage and the impacts on Basin hydrology in 2010 and 2020. 3. Term: a. This Agreement shall bind the Parties indefinitely absent a significant change of circumstances as to available water, water quality, or hydrogeology of the Arroyo Grande Basin. A significant changed circumstances shall allow any party to opt out of this Agreement if the significant change of circumstances put that party at risk of not being able to meet its potable water needs. b. Significant changed circumstances shall include changes within the Basin or outside of the Basin, including but not be restricted to, a change in the Lopez Reservoir safe yield or an increase in Lopez Reservoir discharges for conservation purposes that threatens the ability of the urban Parties to obtain their contractual allotments under their Lopez agreements, or a significant change in groundwater yields or quality, or a reduction in foreign water imported by any Urban Party. The Parties recognize that rainfall within the watershed is the most significant factor in affecting the yield of Lopez Reservoir and the Basin. c. The Parties shall revisit the issue of the allocation of groundwater resources within the Arroyo Grande Basin in 2010 and 2020 in the context of the review provided for in section 2 of this Agreement. The Parties shall make new allocations of groundwater resources at that time if circumstances justify it and if no harm will result to other groundwater users. Priority shall be given to reallocation of historical use of groundwater to Arroyo Grande and Pismo Beach that those agencies chose not to pursue in the entering into of the original Gentlemen's Agreement in 1983 should such. new allocations be made. d. A Party may opt out of this Agreement if significant changed circumstances arise as defined in this section. Such a party shall give all other parties to the agreement not less than six months written notice of its intention to opt out. The written notice shall describe in detail the significant changed circumstances upon which the Party bases its election to opt out of the Agreement. 4. Mediation Agreement: The Parties agree to mediate any disputes that arise out of the Parties' performance under this Agreement, or the interpretation of the terms of this Agreement, prior to instituting any litigation against or between any other party to this Agreement. Should a party institute litigation without first offering in good faith to mediate any such dispute, any party may move for an order compelling mediation and staying the proceedings in the litigation until after mediation has been completed. The prevailing party on a motion to compel mediation shall be entitled to recover its attorney's fees against any resisting party or any party who filed litigation without first PAGE3OF5 AGREEMENT REGARDING ARROYO GRANDE GROUNDWATER BASIN making a good faith attempt to mediate the dispute. This mediation requirement shall not apply where the health and safety of any of the Parties, or any of the Parties' residents, is threatened and they must seek, and have obtained, preliminary relief for the purposes of preserving health and safety. 5. No Third Party Beneficiaries: The Parties are entering into this Agreement in order to reasonably allocate existing groundwater resources between themselves and not to benefit any third parties. This agreement shall only be enforceable between the Parties themselves. This Agreement does not create any right enforceable by any person or entity that is not a party to this Agreement. 6. General Provisions: a. The Parties warrant that all necessary approvals and authorizations have been obtained to bind them to all terms of this Agreement, and further warrant that the persons signing have authority to sign on behalf of their respective Parties. b. Written notice under this Agreement shall be given by placing such notice in the first class mail, postage prepaid, or by hand delivery to the current address of the office of any Party to this Agreement. c. No amendment to this Agreement will be binding on any of the Parties unless it is in writing and signed by an authorized representative of all of the Parties. d. This Agreement will be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. e. If any provision of this Agreement is held invalid or unenforceable by any final judgment, it is the intent of the Parties that all other provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the Parties. f. This Agreement may be executed simultaneously in one or more counterparts, each of which will be considered an original, but all of which together will constitute one and the same instrument. g. The Parties represent that prior to the execution of this Agreement, they consulted independent legal counsel of their own selection regarding the substance of this Agreement. WHEREFORE, the Parties publicly consent to the terms and conditions of this Agreement by executing the same as set forth below. PAGE 4 OF 5 AGREEMENf REGARDING ARROYO GRANDE GROUNDWATER BASIN Dated: , 2001. City of Arroyo Grande By: Print Name and Title: Dated: , 2001. City of Pismo Beach By: Print Name and Title: Dated: , 2001. City of Grover Beach By: Print Name and Title: Dated: , 2001. Oceano Community Services District By: Print Name and Title: Dated: , 2001. San Luis Obispo County Farm Bureau By: Print Name and Title: H: IPBCJ'YIPWlagr.ARGroundwa/erBasin.OI0731.doc PAGE 5 OF 5 AGREEMENT REGARDING ARROYO GRANDE GROUNDWATER BASIN - .. Attachment 1 'TO: SOUTH SAN LUIS OBISPO COUNTY \lATER ASSOCIATION FRorla : AD HOC TECHNICAL ADVISORY SUBCOMMITTEE SUBJECT: GROUNDWATER ENTITLEMENT OF THE ARROYO GRANDE GROUNDWATER BASIN DATE: JANUARY 24> 1983 This report will bring together information from several sources related to the Arroyo Grande Plain-Tri-Cities Mesa Groundwater Basin -- information such as the safe yield of the groundwater basin, the historic and projected needs of the agricultural community, and the historic peak pumping pf all of the urban users. From this information a recommended urban preliminary planning entitlement will be presented. These recommended entitlements consider the information outlined above but also the needs of the early 1990's of the four urban agencies. (The City of Arroyo Grande, the City of Grover City, the City of Pismo Beach, and the Oceano Community Services District) The subcommittee has assumed that for preliminary planning purposes the safe yield of the Arroyo Grande Groundwater Basin is 9,500 acre feet per year. Please see the attached Table II of the June 1979 Groundwater"in the Arroyo Grande Area prepared by the State of Cal.iforf\ia Department of Water Resources. This table shows the categories of il'}flo\'1 and outflow. Please note that the table has been amended to reflect the contractual subsurface recharge and/or surface \'/ater 'entitlement of the Lopez project in the amount of 4,200 acre feet. . . Also presented in Tabl~ II under categorie~ of outflow,is the ap~lied irrigation demand (assumed 2.S a r.1cximum 5,300 acre feet). Leroy E. t1cChesney of the Farm Bureau has indicated that demand will continue to be relatively constant. Considering a safe yield of 9>500 acre feet, the maximum of a 5,300 acre foot demand for agriculture, and a 200 acre foot subsurface outflow to the Ocean, it is assumed then that an estimated 4,000 acre feet is available for urban uses. Please find attached a Table 5 entitled "Groundwater Extractions by Urban Entities of the Arroyo Grande Basin". This table is from the Grover Cit~ Facil ity Resource Report prepared in 1978 by Camp Dressor and McKee (Cor'l. From that table the following chart of peak pre-Lopez pumping can be shown for each agency. PRE-LOPEZ PEAK PUMPING Year Acre Feet Percent Arroyo Grande 1968 1,202 39 Grover City 1966 875 29 Pismo Beach 1966 549 18 ~ Oceano 1968 421 14 - Total 3,047 100% Based upon the information in the above chart and the assumption that there are 4 000 ~cre feet available for urban use, it can be seen that all agencies may r~ceive an entitlcloent equal to or greatcr than each agency's use prior to the Lopcz Pt"oj ecL L! C: (!,c~)/ {~i"-lA/)t eA .J ;} "- '" "'- The first stab at establishing a preliminary entitlement for the four urban users \'Ias based upon an ext~ns i on of peak pumpi ng percentages as fo 11 OVIS: Acre Feet Percent Arroyo Grande 1,560 39 Grover Ci ty 1,160 29 Pismo Beach 720 18 Oceano 560 14 Total 4,000 100% wPzL - As the subcommittee discussed the abov~ concept of establishing the urban users entitlements several problems surfaced. Problems such as some communities being assigned an entitlement \'hich \'lOuld meet their needs well into the 21st Century while son1e co~unities would be essentially out of water today (both groundwater and Lopez). The subcommittee also fully realizes that for a voluntary groundwater ~anagement plan to work it will need unanimous support of all of the agencies. . Through this d1scussi~n it was agreed tQ lOQk at the water needs of the early 1990' s for each agency while at the :.~ame time insuring that rio agency received less than they were pumping prior to' Lopez. The representatives of each agency indicated what their 1990-95 needs would be and the following' chart was developed: ... 1990-95 URBAN GROUNDWATER ENTITLEMENT NEEDS Acre Feet Percent ArrQYo Grande 1)202 30 Grover City 1,198 30 Pismo Beach 700 18 Oceario 900 22 Total 4,000 100% As can be seen no agency will receive less than their pre-Lopez peak pumping and also based upon the infol~mation supplied to the subcommittee each agency \'Iill have a sufficient amount of water to meet the projected den1ands of 1990-95 depending upon growth rates. Being able to closely estimate \'/hen each agency will require additional or supplemental water sources) whether its conservation, Feather River/State Water Project or rtacimiento lake, Hater Project, is a much needed planning tool as it "Ii 11 obviously take community ...dde coopel4ation for those projects. . The subcommittee is of the opinion that the above chart represents a possible division of the estimated 4)000 acre feet of ground\'iate}~ in the Arroyo Grande Groundwater Basin. The subcownittee further is of the opinion that with the adoption of the listed recommendations, the agencies could avoid a "race to the pump house" situation \.thich may lead to (} court imposed groundwater basin adjudictltion. . - 2 - 'RECOMMENDATIONS: 1. The subcommittee \'lQuld recommend that the follm-ling table of preliminary planning entitl ements of the Arroyo Grande Ground\,tater be taken back to each member agency and the Faro Bureau for conceptual approval. THE PRELIMINARY PLANNING ENTITLEMENTS User Applied irrigation 5,300 acre feet Subsurface flow to ocean 200 acre feet Urban Use City of Arroyo Grande' 1,202 acre feet City of Grover City 1,198 acre feet City of Pismo Beach 700 acre feet Dceano Community Services District 900 acre feet ..... Total 9,500 acre f.eet . 2. The subcor::mi ttee I S second recommen'dati on is that \'i th the support of each agency the subcommittee be directed to pr.epare the appropriate documents for a Grourrd'ilater f1anagement Plan based upon the preliminary planning entitlel"i!ents in Recommendation #1. . 3. The subcoiiTI":1tttee recommends that t.herequired steps tmvard the development of a supple~entaT water source be initiated so that supplemental water is available by 1995-2000. 4. That the plan developed under recommendation #2 include a requirement for periodic reevaluation of projected demands, supply and quality of water resources vii tni n the South County. SUt-:t.IARY: The l"i!e~bers of the subcommittee are of the opinion that the planning and management of the Groundwater Basin is purely of local concern. The members of the subcommittee are also of the opinion that the management of the groundvlater can be accomplished through cooperative efforts of the affected agencies themselves. ." . - 3 - ,.} ''\ ~ ~ : - TABLE II . 1 SUMMARY ESTIMATED INFLOW AND OUTFLOW TO THE GROUtlD YlA TER BASIN IN THE ARROYO GRANDE STUDY AREA Arroyo Grande Plain - Tri-Cities Mesa' i Category of inflow {'..tJbic hec.tometres .Acre-feet Deep percolation of precipitaOtion 2.96 2.400 1 Subsurface seepage 0.89 720 4,2007 Infiltration in Arroyo Grande Creek 2.47 to 3.70 2,000 Lv J.':;O':; f Irrigation and urban water return 2.71 2.200 t Total I ~ 9.03 to 10.26 7.320 to :::.::8 Ca.tegory of outflow o9~500* i Appl ied irrigation 6.54 5.300 Urban supply 0.74 . -600 I Subsurface outflow to ocean O~25 200 . : - --'-- . Tota 1 7.53 . .6,1 00 o' - . . ." f o. '" . .. N ipomo':.t1esa . . . t . . . - ~ C~tegory of inflow- Cubic hectometres . -Acre-feet . I Deep percolation of precipitation ~.:" 4.07" . 3.300 - . 0.62 -.. . 500 Sub~urf.ace ::>eep<!ge ., Irrigation and urban water return - 1.23 1.000 I . - Total 5.92 4.800 Category of outflow ! Applied irrigation 2.47 2.000 Urban supply 0.37 300 . Industry cooling water 0.80 650 Subsurface outflow 4.07 3.300 - Total . 7.71 ; 6.250 Santa Haria .V:11Icy (S.L. O. County) - . Cate&ory of inflo..... Cubic hcctometrcs Acre-feet Deep percolation of precipitation 9.B7 8.000 . Subsurr~ce secp<1ge 24.05 19.500 11.10 9.000 . Irrigation return Total 45.02 36.500 ,- ~ Cah:gory or outflow Applied irrigati(,'~ 35.77 29.000 9.87 8.000 Outflow to occtln - . . Total . 45.64 37.000 . .. * Reflects contractual sub5~rf~ce recharge3~dlor su~face water entitlement from Lopez - . '0 . 1,13 ~ . -- - 1- c.'"'O ~ c.' ~ _ ~ ...... ~ M m M N~' U'),...... N -::::- ,...... C'\,/ CV) C') Q) N ,...... 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COU')U') o I ONU')OM """'''-00\0.-- r-r--..r--d~ Mo) _.- .--- s...s.... ~\O\.Or--..()") mmoo.-- __m<'-IO _N ~~O ~~~ ~~ ~~ ~ <4-><( I'd :::: .......... o M U')\.O,......com O_NM~ U')\Or--..oom O_NMo;;;t- m~r--.. s... ......... U') In U') U') U') \.0 "-0 \0 \.0 \..0 \.0 \.0 lD t.C \..0' r--.. r--.. r-... r-... t'-.. r-... t'-.. r--.. "'\..0 I" " I I I I I I I I , I I I I I I I I , <UI c;j- m o;;;t- m o;;;t- >-.-- U') m \0 "-0 r-... ......... m 0) m 0) m ,......." r- r-- r- ,....-- r- ........, . ................. ".,1:.10.:. ";'~ 1.1O::;.b GT';:' Ir~:. - . . : ." . ~ Attachment 2 . . .. RESOLUTION ~O. 83-1 ." RESOLUTION OF THE SOUTH SAN LUIS OBISPO COUNT1 WAiER ASSOCIATION APPROVING THE RECOMMENDATIONS OF THE AD HQC C~.~ITTEE RELATING TO THE ARROYO GRANDE CROUNDWATER 8ASIN WHEREAS, the South San Luis Obispo Ccunty Wa~t~ Asso~:ation recently re-adopted Resolution No. 80-1 wh1ch cal1ed for steps to be ta.ken re1at1ng to good management of groundwater resources in the S~~th CCvnty. and WHEREAS. this Resolut1on cal1e4 for e determin~tion to be made in ,the area confined to Zcne Three based on , safe yield cQ~cept and establishing base lines for urban and agricultural extract;ons of 9r~uncwater. and WHEREAS. an Ad Hoc Committee made up of Paul Karp of Arroyo Grande, Tom Sullivan of Grover City. Charlie Johnson of P1s~ Beach. Rich Hill of Oceano Cornnunity Services Oistrict, Jim Garing of Avila Be3c:h County Water District, Bill King of Port San Luis Marbor District, Lero) McChesney of the Farm Bureau~ and Clint Milne of the County of San Luis Obispo were designated to meet as a technica' advisory group to $tudy this issue. and WHEREAS. after .numerous meeti~9s this technica~ advisory group has recommended that A division of the safe yield of the Basin be accomplished based on the following figures: Applied irrigation 5.300 acre feet Subsurface flow to ocean 200 acre feet Urban Use City ,of Arroyo Grande 1.202 acre feet City of Grover City 1.198 acrE: feet City of PismO Beach iOO acre feet Oceano Co~~n1ty Services 9QO acre feet District WHEREAS, the Subcommittee recocrrnends that wi th the support of each agency the Subcommittee be directed to prepare the appropriate documents for a Groundwater Management Plan based upon the preliminary pl~nn1n9 ent1t1eme~ts above; and . WHEREAS. the Subcommittee recommends that the required $teps toward the developmeot of a supplemental water source be ioit;atei so that supplemental wat~r is available by 1995-2000. and WHEREAS. it is recommended the Plan developed include a requirement for periodic reevaluation of projected demands. supply and quality of water resources within th& South County; NOW. THEREFORE. BE JT RESOLVED that the South San ~u1S Obispo County Water Association does hereby approve sa1d rec~tenda::ons and would request that each of the various representatives to the South SDn lu1s Obispo County Water Association 8doft it resoll.1tion supporting sarote and subll1it that reso'ution to the new 1 elected Cha1~n of the Water AssQ.:1ation. Matt Ga1lagher. for compilation. ' PASSED, APPROVEO AND ADOPTED this 9th day of re~ruary. 1983. ~t~.9.~ ATTEST; . .. . ~ .. - ..