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Agenda Packet 2002-05-14 City of I CITY COUNCIL AGENDA Jlrroyo qrande Michael A. Lady Mayor Thomas A. Runels Mayor Pro Tem Steven Adams City Manager Jim Dickens Council Member Tony Ferrara Council Member Timothy J. Carmel City Attorney Sandy Lubin Council Member Kelly Wetmore Director, Administrative Services NOTICE OF CITY COUNCIL SPECIAL MEETING Tuesday May 14. 2002 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 LABOR NEGOTIATOR pursuant to Government Code Section 54957.6: Agency Negotiator: Steven Adams Unrepresented Employees: Management Agency Negotiator: Daniel Hernandez Represented Employees: Arroyo Grande Police Officers' Association (AGPOA) 4. RECONVENE TO OPEN SESSION: Announcement of reportable action from closed session, if any. 5. ADJOURNMENT. c:closedsession.agenda.051402. ~--- . .- --------,-_._--- CITY COUNCIL City of AGENDA }lrroyo qrande Michael A. Lady Mayor Thomas A. Runels Mayor Pro Tem Steven Adams City Manager Jim Dickens Council Member Tony Ferrara Council Member Timothy J. Carmel City Attorney Sandy Lubin Council Member Kelly Wetmore Director, Administrative Services AGENDA SUMMARY CITY COUNCIL MEETING TUESDAY, MAY 14, 2002 7:00 P.M. Arroyo Grande City Council Chambers 215 East Branch Street, Arroyo Grande 1. CALL TO ORDER: 7:00 P.M. 2. ROLL CALL 3. FLAG SALUTE: BOY SCOUT TROOP 432 !to INVOCATION: PASTOR VINCE LLAMAS, NEW LIFE COMMUNITY CHURCH, PISMO BEACH 5. SPECIAL PRESENTATIONS: 5.a. Proclamation. RecoGnizinG Police Week and Peace Officers Memorial Day 5.b. Proclamation . RecoGnizinG Grand ODenina of the Clark Center for the Performina Arts 5.c. Proclamation. Recoanlzlna Public Works Week 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 - MAY 14, 2002 PAGE 2 7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS: Persons in the audience may discuss business not scheduled on this agenda regarding any item of interest within the jurisdiction of the Council. The Council will listen to all communication; however, in compliance with the Brown Act, will not take any action on items that are not on the agenda. Upon completing your comments: . You may be directed to staff for assistance; . A Council Member may indicate an interest in discussing your issue with you subsequent to the Council meeting; . The Council may direct staff .to research the issue and subsequently report back to the Council (generally in the form of a memorandum or staff report); or . No action is required or taken. 8. CONSENT AGENDA: The following routine items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action. The City Council may approve the remainder of the Consent Agenda on one motion. a.a. Cash Disbursement Ratification (SNODGRASS) Recommended Action: Approve the listing of cash disbursements for the period April 16, 2002 through April 30. 2002. a.b. Statement of Investment DeDOslts (SNODGRASS) Recommended Action: Receive and file the report of current investment deposits as of April 30, 2002. a.c. Consideration of Cash Flow AnalvsislADDroval of Interfund Advance from the Water Facllltv Fund (SNODGRASS) Recommended Action: Receive and file March 2002 Cash Report and approve the interfund advance from the Water Facility Fund to cover cash deficit in other funds at March 31, 2002. a.d. Consideration of ADDroval of Minutes (WETMORE) Recommended Action: Approve minutes for the Special and Regular City Council Meetings of March 26, 2002, and Special and Regular City Council Meetings of April 9, 2002 as submitted. a.e. Relection of Claim Aaainst City . E. Lambert (WETMORE) Recommended Action: Reject claim. I I I --- -.-.--,-------- ---- uJ AGENDA SUMMARY - MAY 14, 2002 PAGE 3 8. CONSENT AGENDA (continued): 8.f. Consideration of ADDointment to Traffic Commission and Senior Advisory Commission (ADAMS) Recommended Action: Approve Council Member Dickens' appointment of Larry Rohloff to the Traffic Commission replacing L. George Tappan; and Council Member Dickens' appointment of Craig Kaiser to the Senior Advisory Commission replacing Jean Hubbard. 8.g. Consideration of SUDDort for the Local Coalition Effort (ADAMS) Recommended Action: Approve City participation as a supporter of the "LOCAL" Coalition. 8.h. Consideration of AcceDtance of ImDrovements for VillaGe Center CUP 98. 567 (SPAGNOLO) Recommended Action: Adopt Resolution accepting public improvements constructed for CUP 98-567, Village Centre. 9. PUBLIC HEARINGS: None. 10. CONTINUED BUSINESS: None. 11. NEW BUSINESS: 11.a. Consideration of Amendment to Affordable Houslna Deed Restriction for 266 AsDen Street (ADAMS) Recommended Action: Approve the proposed modification to the existing affordable housing deed restriction and authorize the City Manager to execute an Affordable Housing Agreement, Agreement and Promissory Note secured by Deed of Trust, and Deed of Trust in substantially the form provided, and take all steps necessary to enable transfer of the property to a qualified buyer. 11.b. Consideration of Art In Pullllc Places Proaram Alternatives (ADAMS) Recommended Action: Receive information and direct staff to incorporate desired items in the Development Code Update. ---- .-- ~._-_.- AGENDA SUMMARY - MAY 14, 2002 PAGE 4 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) The City Engineer has received Parcel Map AG-Q118, owned by Catherine Benson. The subject parcel is located at 390 Canyon Way. This map subdivides 3.22 acres into 3 separate lots of approximately 1 acre each. The current zoning for all lots is rural residential. Unless appealed, the Final map will be approved or disapproved by the City Engineer within ten days follQwing the date of this agenda. 14. COUNCIL COMMUNICATIONS: Correspondence/Comments as presented by the City Council. 15. STAFF COMMUNICATIONS: Correspondence/Comments as presented by the City Manager. 16. ADJOURNMENT .-~- AGENDA SUMMARY - MAY 14, 2002 PAGE 5 * * * * * * * 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.arrovoarande.ora ---.- J 5.8. Honorary Proclamation Recognizing .. POLICE WEEK AND PEACE OFFICERS MEMORIAL DAY WHEREAS, of all the promises America offers, none is more precious or more elusive than the right to be free from crime and violence; and WHEREAS, the dedicated 'men and women who have chosen law enforcement as a career face extraordinary risk and danger in preserving our freedom and security; and WHEREAS, ,dl,lring the week of May 12, 2002, "POLICE WEEK'" is observed throughout the nation in order to recognize the hazardous work, serious responsibilities, and strong commitment of our nation's peace officers; and WHEREAS, in conjunction with this important observance, May i5, 2002,.. is observed as . ".PEACE OFFICERS MEMORIAL DAY" in San Luis Obispo County in commemoration of those noble officers who have tragically sacrificed their lives in the line of duty; and WHEREAS, these special observances provide all Californians with the opportunity to appreciate the heroic men and women who have dedicated their lives to preserving public safety; and WHEREAS, the City of Arroyo Grande desires to honor the valor, service, and dedication of its own Police Officers. NOW THEREFORE, BE IT RESOLVED, that I, Michael A. Lady, Mayor of the City of Arroyo Grande, on behalf of the City Council, do hereby proclaim May 12 through 18, 2002, as "POLICE WEEK" and May 15, 2002, as "PEACE OFFICERS MEMORIAL DAY" in the City of Arroyo Grande, and urge all citizens of our community to demonstrate their sincere appreciation and gratitude to the Police Officers by deed, remark, and attitude. IN WITNESS WHEREOF, I have hereunto set my hand and cause City of Arroyo Grande to be afflxed this 14th day of May, 2002. MICHAELA. LADY, MAYOR ---,._._---~-._-----------~---~ 5.b. ~~~to _c~~~c~~~,_._~___~ ~~tk~Dp~~tk . '. ~ ~ ~ ", CLARJ{CE~)ER FOR THE r E R FOR M I N G A RT S WHEREAS, a need for a performing arts facility to serve the students of the Lucia Mar Unified School District and the many performing groups and individuals of the south county cities was recognized; and WHEREAS, a group of citizens under the leadership of Clifford H. Clark organized as the South County Performing Arts Building Foundation to meet that need and expended continual effort since 1988 to plan for and fund the building of the facility; and WHEREAS, the financing of the facility has been the result of the combined support of the State of California, The County of San Luis Obispo, the Cities of Arroyo Grande, Grover Beach, and Pismo Beach, along with over one thousand corporate and individual donors; and WHEREAS, the efforts have resulted in the building and furnishing of a 640 seat main theatre and a 150 seat studio theatre fully equipped with state-of-the-art sound and lighting equipment; and WHEREAS, the facility, heretofore named the Clark Center for the Performing Arts, will celebrate the Grand Opening performances on May 10, 11, and 12, 2002, utilizing the talents of over 600 local performers without charge to the public. NOW, THEREFORE, BE IT RESOLVED, that I, Michael A. Lady, Mayor of the City of Arroyo Grande, on behalf of the City Council, do hereby recognize, congratulate, applaud and praise the South County Performing Arts Foundation and the hundreds of hardworking volunteers that have made the Clark Center a reality. IN WITNESS WHEREOF, I have hereunto set my hand and caused City of Arroyo Grande to be affixed this 14th day of May, 2002. MICHAELA. LADY, MAYOR "'y.,,~... ~..n. , '.. ',c,,1:.:,:HONOWY~PRocLAMAnoN;;::_;.,~i.'" _::~' ' ~,<:' -..' _., _.:' ,,:-.:,;:,.~,<,,:;,_:,,,,,,;:;, ':: \.__::'~_ c:.;;;.~;:::;..-,_.~:.,-::.~q; tJ'"'.',-- ~',:.~;,;;:.;~ ii !;"-::',,:,..._',"~ ;~-; ....:< _.-_; ',;..;"\";":'~~-'~'~~ ,..f~\. ',!, C ':, i','\,''-,....., "'i""';;;';"'Jf-.-~'1t' RE~GNIZIN(f,j'Ci;;C,j'j'C',!{'~-4i""'~.::r:t ., ~", ,. ',': .'.. .,';(T:.;J~i:.~::'::;~t~~:~&y",'-~j;~~:{H";\;"""';:"'. ,:.,,;it::I~~'.},A1~~{j~~~;~~'~~ .... '':'''\t:''~0;;' NATIO.PUBtlC~WORKS~WEEK~;'i.);js'! .,; . ," " . "..""~i) '~-;;i;;.H*1~'{:~f:'f~;~j~"Y<;;;';,R:~;~e;fi:!~~~P'(:'~"?'{'<;i2:,'\.Ii<;:;;:~\;:~;i1\jIJ,~;'-:i~f.~ i",',.' , ,.Ji""';<"''''''1",~ ,.,CC""'rl'" May;" I' '~Z5;fiZOOZ~'):'~'i.J',.,,1'" Fi'" 'i'~"":; ..","'-.<", ,'",'" ,'J"'." '. ..';' . " ,~ ';:j:\'~:k'{?~'W.~~~~,:;~;,i~~!;~*:~.i~~,t~~:~!~"",r::0':-:('f';,'::;:'~Y ;\t~~(s~:\ylljf~J:1~~;{~~j1':<i~' ~'r:lJ.;\,~(" . . .w!i~REAS;" publjc:tWQrl<.;iernc:;~s ~rovl~ed_ln:Qurj:omm~i1ltY area'" Int8grai. " ~_ _ _' .; .~ .-c'--',,'- ',:-:,;:,,_. ~.' - -.",~_..-.,...,~.~:-.,-,~_:; ,_~,:'-":,<':',<t_:_-,:-._,-"""__,, .....-,__-;},.-:~-~~'.,-'---. "-",--:;:-- - '. part of our citizens' everyday lives' 'and ';.';',. ,.,.'..' . .... 'o' ,. ""':", '\";,1," "'}. ; . ..",7>'(,< .:q" ",' " ..,:":~"?/' 'c.' ": . r:, ..( T,;:;;">:(;i.;"\\~>'~;'-, id ",,' WHEREAS, the support of anunde,.~fandhig andlnformed:,9ItizenrYJs'vl,tal' to the efficient operation of public works systems and programs such as wa~er, sewers, ,streets and hlghways:'public bulldhigs, and,.solid waste collection; ~nd ' , '; . . . '.' . .' -'f;-~' .:. - j. , ~ " -: _, ,WHEREAS, the health, safety and comfort of this community greatly depends on these, facilities and services; ,and ' . . -. ::.' . WHEREAS, ...., quality and effectiveness of these ,;Jit'" ~"...~..~ f~cmtie,~,a,s"w:eU.E!s.thelrplanl1lng~~es,lgn,. and ,~;~, ~,~ "'~1;~";~~~~'\:~'~d~~~fgf~~~"6Y~~f~s'~:c~~ai~~~~~ tI1~ efforts . - -' ."\,'.' \_ :Co' -',<: -~':')_-',;:,~,'-.i:'.: . ~,:c_,._,: -",;;'_":"',t'",3.,.t( . .{':( - . _ .: ~~, '~>' :;' ""~:"'S',':.' -, ,_ <~i'.L.:~" ",",' ':f:> "_ ' ,'~.:" ,"', ""'''''', ' . WHEREAS, the -efficle.ncy offJ,he. qual~,~d and dedicated' personnel w.ho staff public works departments Is materially InfluenQed by the people's attitude and understanding of the Importance.o~the work they p,erform. , ' ; ," , (:>"' -" _:",-. ,....~.- ,,' '- :'j" ,-"; . -~::. , NOW THEREFORE, "BE IT RESOLVE'D, thai I, Michael 'A., Lady,: Mayor of: 'the{Clty of Arroyo ,Gtan~e, on behalf of the CItY Council, do hereby proClaliTf tneweek of May 19~~rough'- M'ay 25th as "NATIONAL PUBLIC. WORKS WEEK~ In' the City of Arroyo Grande and call'l:Ipon all citizens and civic organizations to a~.qLl,alnt themselv~s . .. "I with the Issl,les Invol.ved 11'1 pri:>vldlng our public work~ and to recognize ,the contrlbuljons whlctt public worksofflclalsim,~k~A!''l.ery day; to our: health, safety,conifort, and quality ()fllfe.. . ',' '. - ,"",,: ~. ~0 ' IN WITNESSW~EREOF, I have hereunto set my hand and caused the Seal of thi3,Clty of Arroyo Grarid,to be afflxe'dthls 14th'day of May, 2002.".. '. . , , MICHAELA. LADY, MAYOR - ) 8.a. MEMORANDUM TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES~ BY: JANET M. HUWALDT, ACCOUNTING SUPERVISORCCfJ- SUBJECT: CASH DISBURSEMENT RA TIFICA TION DATE: MAY 14, 2002 RECOMMENDATION: It is recommended the City Council ratify the attached listing of cash disbursements for the period April 16 - April 30, 2002. FUNDING: There is a $675,890.60 fiscal impact. DISCUSSION: The attached listing represents the cash disbursements required of normal and usual operations. It is requested that the City Council approve these payments. ATTACHMENTS: ATTACHMENT 1 - Cash Disbursement Listing ATTACHMENT 2 -April 19, 2002 Accounts Payable Check Register ATTACHMENT 3 - April 26, 2002 Accounts Payable Check Register ATTACHMENT 4 - April 26, 2002 Payroll Checks and Benefit Checks ATTACHMENT 5 - April 30, 2002 Accounts Payable Manual Check Register I J ~. ATI ACHMENT 1 CITY OF ARROYO GRANDE CASH DISBURSEMENTS For the Period of Apri1 16 Through Apri1 30, 2002 May 14, 2002 Presented are the cash disbursements issued by the Department of Financial Services for the period April 16 to April 30, 2002. Shown are cash disbursements by week of occurrence and type of payment. ~J<;J....~P!FP1\.)'M'JjNT April 19, 2002 Accounts Payable Cks 105356-105452 2 $148,774.26 Payroll Checks and Benefit Checks 3 267.863.10 416,637.36 April 26, 2002 Accounts Payable Cks 105472-105560 4 258,148.24 April 30, 2002 Accounts Payable Manual Check Register 5 1.1 05.00 Two Week Total j 675.890.60 ._n'._ -.-- J CITY OF ARROYO GRANDE INDEX FOR BUDGET DEl ARTMENTS EDEN COMPUTER SYSTEM GENERAL FUND 1010) 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 - ManagementInformation System 4202 - State AB3229 Cops Grant (Fd 271) 4145 - Non Departmental 4203 - Federal Universal Hiring (Fd 274) Public Safehl (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 IFund 3501 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 Dapllndex for COW'Icil.xls -- ^'-~-_.- ATTACIU.m,IT 2 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 1 04/16/02 16:21 VOUCHER/CHECK REGISTER FOR PBRIOD 10 VOUCHER! CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 490 04/10/02 102912 PAPICH CONSTRUCTION MARCH 2001 STORM RESTORATION 350.5649.7001 55,253.83 55,253.83 49. 04/16/02 101073 KELLY WETMORE CITY CLERK CONF-WETMORE 010.4002.5501 100.00 100.00 105356 04/19/02 000234 A & R WELDING SUPPLY OXY & ACETYLENE GASES 010.4305.5303 14.00 105356 04/19/02 000234 A << R WELDING SUPPLY WELDING RODS 220.4303.5613 87.95 101.95 105357 04/19/02 000898 ADDICTION MEDICINE CONS PRE-EMPLOY.PHYS-OREILLY 010.4425.5315 49.50 49.50 105358 04/19/02 006006 ARROYO GRANDE FLOWER SH FLORAL ARRANGEMENT-WILLAMS 010.4001.5504 58.99 105358 04/19/02 006006 ARROYO GRANDE FLOWER SH FLORAL ARRANGMENT- FD 010.4211.5504 40.15 99.14 105359 04/19/02 101044 CITY OF ARROYO GRANDE TC MILEAGE/OFFICE SUPPLIES 010.4301.5201 21.41 105359 04/19/02 101044 CITY OF ARROYO GRANDE KITCHEN SUPPLIES 010.4101.5201 9.99 105359 04/19/02 101044 CITY OF ARROYO GRANDE COPIES/PARKING FEES 010.4130.5201 28.18 105359 04/19/02 101044 CITY OF ARROYO GRANDE MIC BATTERY 010.4002.5201 10.00 105359 04/19/02 101044 CITY OF ARROYO GRANDE VAN DOOR 010.4213.5601 40.00 105359 04/19/02 101044 CITY OF ARROYO GRANDE OFFICE SUPPLIES 010.4301.5201 3.96 105359 04/19/02 101044 CITY OF ARROYO GRANDE CITY CLERK MEETING 010.4002.5501 25.00 105359 04/19/02 101044 CITY OF ARROYO GRANDE CSMFO MEETING 010.4120.5501 26.80 105359 04/19/02 101044 CITY OF ARROYO GRANDE CHAMBER LUNCHEON 284.4103.5505 15.00 105359 04/19/02 101044 CITY OF ARROYO GRANDE LUNCHEON- FOWLER/JENSEN 284.4103.5505 15.00 105359 04/19/02 101044 CITY OF ARROYO GRANDE APWA/ASCE MEETING 010.4301.5503 30.00 105359 04/19/02 101044 CITY OF ARROYO GRANDE TC MILEAGE 010.4301.5255 6.56 105359 04/19/02 101044 CITY OF ARROYO GRANDE REIMB.MILEAGE FOSTER 010.4130.5501 11.39 105359 04/19/02 101044 CITY OF ARROYO GRANDE REF.HOP-2085 CARRIAGE 010.0000.4164 49.00 105359 114/19/02 101044 CITY OF ARROYO GRANDE ZONE 3 MTG.SUPPLIES 010.4001.5504 11.97 105359 04/19/02 101044 CITY OF ARROYO GRANDE CM MEETING SUPPLIES 010.4101.5501 11.00 105359 04/19/02 101044 CITY OF ARROYO GRANDE OFFICE SUPPLIES 010.4301.5201 12.97 105359 04/19/02 101044 CITY OF ARROYO GRANDE COPIES-TRACT 1132 220.4303.5613 11.00 105359 04/19/02 101044 CITY OF ARROYO GRANDE REIMB.MILEAGE 010.4101.5501 19.32 105359 04/19/02 101044 CITY OF ARROYO GRANDE PC MEETING SUPPLIES 010.4130.5201 1.28 105359 04/19/02 101044 CITY OF ARROYO GRANDE MEETING SUPPLIES 010.4001. 5501 21.67 105359 04/19/02 101044 CITY OF ARROYO GRANDE REIMB.CALL OUT MILEAGE 640.4712.5501 6.90 388.40 105360 04/19/02 102917 ASIAN ACCENTS REF.C/B DEP-ASIAN ACCENTS 010.0000.2206 250.00 105360 04/19/02 102917 ASIAN ACCENTS BLDG. SUPER-ASIAN ACCENTS 010.0000.4354 18.00- 105360 04/19/02 102917 ASIAN ACCENTS BLDG. SUPER-ASIAN ACCENTS 010.0000.4354 60.75- 171.25 105361 04/19/02 008190 B & T SERVICE STN.CONTR FUEL NOZZLE 010.4305.5603 127.36 127.36 105362 04/19/02 008346 BACKYARD IMPROVEMENT CE BANDS/PIPE/NUTS/BOLTS 220.4303.5613 116.47 105362 04/19/02 008346 BACKYARD IMPROVEMENT CE FENCE/STEEL TIES 220.4303.5613 411.95 105362 04/19/02 008346 BACKYARD IMPROVEMENT CE B-BANDS/FENCE NUTS/BOLTS 220.4303.5613 91.29 105362 04/19/02 008346 BACKYARD IMPROVEMENT CE B-BANDS 220.4303.5613 8.15 627.86 105363 04/19/02 102913 DAVE BANG ASSOCIATES,IN LOVE SEAT 010.4213.5604 391.33 391.33 105364 04/19/02 010374 BEARCAT MFG. INC. VALVE DIRECTIONAL CONTROL 220.4303.5603 313.81 105364 04/19/02 010374 BEARCAT MFG. INC. BALL VALVE/HANDLE ASSEMB 220.4303.5603 154 . 72 105364 04/19/02 010374 BEARCAT MFG. INC. CR:VALVE DIRECTIONAL CONTROL 220.4303.5603 304.65- ---- ----.------ ....-...- - - -- --.._- J VOUCHRE2 CITY OF ARROYO GRANDE PAGE 2 04/16/02 16 :21 VOUCHER/CHECK REGISTER FOR PERIOD 10 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 105364 04/19/02 010374 BEARCAT MFG. INC. CR.:APP.HOSES 220.4303.5603 657.49- 105364 04/19/02 010374 BEARCAT MFG. INC. APP.HOSES 220.4303.5603 384.58 105364 04/19/02 010374 BEARCAT MFG. INC. CR:APP.HOSES 220.4303.5603 328.74- 105364 04/19/02 010374 BEARCAT MFG. INC. CR:BALL VALVE 220.4303.5603 125.99- 105364 04/19/02 010374 BEARCAT MFG. INC. HOT OIL THERMOMETER/APP.HOSES 220.4303.5603 736.17 172.41 105365 04/19/02 102278 MICAH BENEVEDO B/BALL LGE.SCORER-BENEVEDO 010.4424.5352 45.00 45.00 105366 04/19/02 011426 BLUEPRINT EXPRESS COPY-STREET/STORM DRAIN 010.4301.5201 31.50 31.50 105367 04/19/02 012168 BOXX EXPRESS UPS SHIPPING CHARGES 220.4303.5255 18.23 105367 04/19/02 012168 BOXX EXPRESS UPS SHIPPING CHARGES 220.4303.5603 73.03 105367 04/19/02 012168 BOXX EXPRESS UPS SHIPPING CHARGES 220.4303.5603 37.51 105367 04/19/02 012168 BOXX EXPRESS UPS SHIPPING CHARGES 220.4303.5255 17.96 105367 04/19/02 012168 BOXX EXPRESS UPS SHIPPING CHARGES 220.4303.5603 8.75 105367 04/19/02 012168 BOXX EXPRESS UPS SHIPPING CHARGES 640.4712.5255 9.61 165.09 105368 04/19/02 102259 CHESS IE BREHM B/BALL LGE.SCORER-BREHM 010.4424.5352 22.50 22.50 105369 04/19/02 013026 BRISCO MILL & LUMBER SOCKET ADAPTER 220.4303.5273 39.52 39.52 105370 04/19/02 101723 BARBARA BRITT REF.PARK DEPOSIT-BRITT 010.0000.4354 26.00 26.00 105371 04/19/02 102918 KAREN BROWN REF. PARK DEPOSIT-BROWN 010.0000.4354 57.00 57.00 105372 04/19/02 013572 BRUMIT DIESEL,INC FUEL CHECK VALVE 010.4211.5601 99.81 105372 04/19/02 013572 BRUMIT DIESEL,INC LUG COVER TOOL 010.4211.5601 6.89 106.70 105373 04/19/02 101619 ROB BURT B/BALL LGE.OFFICIAL-ROB BURT 010.4424.5352 160.00 160.00 105374 04/19/02 013834 BURTON I S FIRE APPARATUS DRAIN VALVE 010.4211.5601 37.07 37.07 105375 04/19/02 021940 C.COAST TAXI CAB SERVIC TAXI SVCS TO 3/31 225.4553.5507 1,321. 00 1,321.00 105376 04/19/02 102914 COREENA CAYABYAB REF.WTR DEP-524 LEANNA DR 640.0000.2302 90.00 105376 04/19/02 102914 COREENA CAYABYAB CLOSING BILL-524 LEANNA DR 640.0000.4751 18.70- 105376 04/19/02 102914 COREENA CAYABYAB PREVIOUS BALANCE-524 LEANNA DR 640.0000.4751 70.15- 1.15 105377 04/19/02 102652 CENTRAL COAST GASES OXYGEN/ACETYLENE 010.4305.5303 29.29 105377 04/19/02 102652 CENTRAL COAST GASES OXYGEN/ACETYLENE 640.4712.5303 29.29 58.58 105378 04/19/02 101856 CHARTER COMMUNICATIONS MIS CABLE MODEM LEASE/PIPELINE 010.4140.5303 375.80 375.80 105379 04/19/02 102920 TRACI CLARK REF. PARK DEPOSIT-CLARK 010.0000.4354 26.00 26.00 105380 04/19/02 023984 COAST CLUTCH & BRAKE SU PARTS-Fl04 010.4211. 5601 605.06 605.06 105381 04/19/02 024102 COAST GRAPHIC SUPPLY FIXER 010.4102.5255 100.67 100.67 105382 04/19/02 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 74.75 105382 04/19/02 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 12.00 ---- VOUCHRE2 CITY OF ARROYO GRANDE PAGE 3 04/16/02 16:21 VOUCHER/CHECK REGISTER FOR PERIOD 10 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 105382 04/19/02 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 12.25 105382 04/19/02 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 86.25 105382 04/19/02 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 12.00 105382 04/19/02 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 149.25 105382 04/19/02 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 170.75 105382 04/19/02 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 12.25 105382 04/19/02 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 184.75 714.25 105383 04/19/02 102924 ED OR HAZEL COLEMAN REF. WATER NEUTRAL- 6 97 VIA VAQ 226.0000.4027 2,200.00 2,200.00 105384 04/19/02 026286 CREEK ENVIRONMENTAL LAB WATER SAMPLES 640.4710.5310 15.00 15.00 105385 04/19/02 026754 CRYSTAL SPRINGS WATER C BOTTLED WATER 010.4130.5201 24.42 105385 04/19/02 026754 CRYSTAL SPRINGS WATER C BOTTLED WATER 010.4101.5201 24.42 105385 04/19/02 026754 CRYSTAL SPRINGS WATER C BOTTLED WATER 010.4120.5201 24.41 105385 04/19/02 026754 CRYSTAL SPRINGS WATER C BOTTLED WATER 010.4101.5201 20.75 105385 04/19/02 026754 CRYSTAL SPRINGS WATER C BOTTLED WATER 010.4212.5201 10.50 104.50 105386 04/19/02 101779 CTE COMPUTER TRAINING C WORD 2000 INTRO-K.NORTON 010.4140.5501 169.00 105386 04/19/02 101779 CTE COMPUTER TRAINING C WORD 2000 INTRO-M.BASSETT 010.4140.5501 169.00 105386 04/19/02 101779 CTE COMPUTER TRAINING C WORD 2000 INTRO-D.WEICHINGER 010.4140.5501 139.00 105386 04/19/02 101779 CTE COMPUTER TRAINING C PAGEMARKER 6.5 INTRO-NORTON 010.4140.5501 265.00 742.00 105387 04/19/02 02'6832 CUESTA EQUIPMENT CO FLOOR DRILL PRESS 010.4211.5602 520.16 520.16 105388 04/19/02 027534 D.G.REPAIR TUNE UP/CLUTCH 010.4430.5601 582.49 582.49 105389 04/19/02 029562 DISCOUNT SCHOOL SUPPLY FADELESS PAPER 010.4422.5256 27.87 27.87 105390 04/19/02 102574 EARTHLINK, INC DIAL UP-CITY WEBSITE 010.4140.5303 43.90 43.90 105391 04/19/02 102915 JAMES OR MARY ECKHART CLOSING BILL-224 OAKWOOD CT 640.0000.4751 34.26- 105391 04/19/02 102915 JAMES OR MARY ECKHART REF .OVER/PYMT-224 OAKWOOD CT 640.0000.4751 169.58 105391 04/19/02 102915 JAMES OR MARY ECKHART PREV.BALANCE-224 OAKWOOD 640.0000.4751 67.66- 67.66 105392 04/19/02 102563 EMPIRE LABS, INC SOY RELEASE AGENT 220.4303.5603 489.65 489.65 105393 04/19/02 102921 CAROL FANKHAUSER REF. PARK DEPOSIT-FANKHAUSER 010.0000.4354 26.00 26.00 105394 04/19/02 101379 FERGUSON ENTERPRISES,IN 2 BOLT COUPLERS 640.4712.5610 171.60 105394 04/19/02 101379 FERGUSON ENTERPRISES,IN FLANGE BOLT SETS 640.4712.5610 85.80 105394 04/19/02 101379 FERGUSON ENTERPRISES,IN STEEL PIPE 640.4712.5610 86.71 105394 04/19/02 101379 FERGUSON ENTERPRISES,IN BALL VALVE 640.4712.5610 445.09 789.20 105395 04/19/02 102898 MIKE GOBBELL REF. PARK DEP-GOBBELL 010.0000.4354 26.00 26.00 105396 04/19/02 040014 HAMON OVERHEAD DOOR COM R/R GARAGE DOOR 010.4213.5604 366.67 366.67 105397 04/19/02 101088 HANSON AGGREGATES COBBLE ROCK 220.4303.5613 214.90 105397 04/19/02 101088 HANSON AGGREGATES COBBLE ROCK 220.4303.5613 235.84 105397 04/19/02 101088 HANSON AGGREGATES COBBLE ROCK 220.4303.5613 280.26 ---- VOUCHRE2 CITY OF ARROYO GRANDE PAGE 4 04/16/02 16:21 VOUCHER/CHECK REGISTER FOR PERIOD 10 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 105397 04/19/02 101088 HANSON AGGREGATES ASPHALT 220.4303.5613 226.91 957.91 105398 04/19/02 102280 CHUCK HARE B/BALL LOE.OFFICIAL-HARE 010.4424.5352 48.00 48.00 105399 04/19/02 100348 JAMIE HEINZE B/BALL LOE.SCORER-HEINZE 010.4424.5352 82.50 82.50 105400 04/19/02 102260 BRYCEN IKEDA B/BALL LOE.SCORER-IKEDA 010.4424.5352 22.50 22.50 105401 04/19/02 102849 SHELBY IKEDA B/BALL LOE.SCORER-IKEDA 010.4424.5352 22.50 22.50 105402 04/19/02 044496 INFORMATION SERVICES DAB SVCS 3/16/02 TO 3/31/02 010.4140.5303 3,087.20 3,087.20 105403 04/19/02 045162 INTL CONF OF BUILDING 0 IRC 1 & 2 FAMILY 010.4212.5503 44.41 44.41 105404 04/19/02 101848 INVENSYS METERING SYSTE WATER METERS 640.4712.5207 7,640.78 7,640.78 105405 04/19/02 046410 J.W.ENTERPRISES TOILET RENTAL 220.4303.5552 91.73 91.73 105406 04/19/02 046956 JOBS AVAILABLE INC. JOB AVAILABLE SUBSCRIPT 010.4101.5503 28.00 28.00 105407 04/19/02 102653 KC'S CLEANING CLEANING SVCS-AGPD 010.4213.5604 375.00 375.00 105408 04/19/02 048516 KEYLOCK SECURITY SPECIA CLEAN & LUBE LOCK-AGPD 010.4213.5604 60.00 60.00 105409 04/19/02 100985 DOUG LINTNER B/BALL LGE.OFFICIAL-LINTNER 010.4424.5352 144.00 144.00 105410 04/19/02 101999 MAINLINE UTILITY CO. VIDEO SEWER MAIN-WILTON/STANLE 612.4610.5610 300.00 300.00 105411 04/19/02 054482 MAINTENANCE SUPERINTEND MSA MEETING-6 PEOPLE 220.4303.5501 45.00 105411 04/19/02 054482 MAINTENANCE SUPERINTEND MSA MEETING-6 PEOPLE 220.4303.5255 35.00 80.00 105412 04/19/02 102261 KIMBERLY MARSALEK B/BALL LOB. SCORER-MAR5ALEK 010.4424.5352 22.50 22.50 105413 04/19/02 102922 SHEILA MCBRYDE REF. PARK DEPOSIT-MCBRYDE 010.0000.4354 26.00 26.00 105414 04/19/02 102086 MEDSTOP URGENT CARE PRE-EMPLOY. PHYS-NORTON 010.4421.5315 222.00 105414 04/19/02 102086 MEDSTOP URGENT CARE DMV PHYS-ROBINSON 220.4303.5303 88.00 105414 04/19/02 102086 MEDSTOP URGENT CARE HEPA.VAC-ACKERSON 010.4211.5315 50.00 105414 04/19/02 102086 MEDSTOP URGENT CARE PRE-EMPLOY.PHYS-GIDLUND 010.4211.5315 196.00 105414 04/19/02 102086 MEDSTOP URGENT CARE PRE-EMPLOY.PHYS-RAMIREZ 010.4425.5315 60.00 105414 04/19/02 102086 MEDSTOP URGENT CARE PRE EMPLOY.PHYS-KORMAN 010.4301.5315 148.00 764.00 105415 04/19/02 102850 JOHNNY MEJIA B/BALL LGE.OFFICIAL-MEJIA 010.4424.5352 48.00 48.00 105416 04/19/02 057096 MINER I S ACE HARDWARE LUBE/CLOROX 640.4712.5255 4.48 105416 04/19/02 057096 MINER I S ACE HARDWARE CABLE TIES/FLAG TAPE 010.4424.5252 27.82 105416 04/19/02 057096 MINER'S ACE HARDWARE SPRAYPAINT/SCRUB BRUSH 010.4211.5601 11.43 105416 04/19/02 057096 MINER'S ACE HARDWARE NAILS/WIRE 010.4211.5255 3.48 105416 04/19/02 057096 MINER I 5 ACE HARDWARE WD 40/0IL 640.4712.5273 8.52 105416 04/19/02 057096 MINER I S ACE HARDWARE SMALL TOOLS 640.4712.5604 12.78 105416 04/19/02 057096 MINER I S ACE HARDWARE PAINTING SUPPLIES 010.4213.5604 22.27 .~- --- VOUCHRE2 CITY OF ARROYO GRANDE PAGE S 04/16/02 16 :21 VOUCHER/CHECK REGISTER FOR PERIOD 10 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 105416 04/19/02 057096 MINER'S ACE HARDWARE PLUMBING SUPPLIES 010.4420.5605 23.07 105416 04/19/02 057096 MINER'S ACE HARDWARE SPRAYER/BOLTS 010.4420.5605 26.78 105416 04/19/02 057096 MINER'S ACE HARDWARE PLUMBING SUPPLIES 010.4420.5605 10.69 105416 04/19/02 057096 MINER'S ACE HARDWARE MORTAR 612.4610.5610 12.16 105416 04/19/02 057096 MINER'S ACE HARDWARE PAINT/PLUMBING SUPPLIES 010.4420.5605 14.99 178.47 105417 04/19/02 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4102.5255 5.20 105417 04/19/02 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4305.5143 71.20 76.40 105418 04/19/02 100945 JESSICA MORENO REF. PARK DEPOSIT-MORENO 010.0000.4354 26.00 26.00 105419 04/19/02 102908 MUNICIPAL MANAGE.ASSOC. ANNUAL MEMBER DUES-LUNA 010.4101.5503 20.00 20.00 105420 04/19/02 102919 CHERYL PACE REF. PARK DEP- PACE 010.0000.4354 26.00 26.00 105421 04/19/02 069122 R & S SUPPLY ROOFING MATERIAL 010.4213.5604 118.78 118.78 105422 04/19/02 102916 ROBERTSON SUPPLY GATORADE-CMC SUPPLIES 220.4303.5613 115.00 115.00 105423 04/19/02 101461 RUSSCO HANGING FILES RESTOCKING 010.4130.6001 40.43 40.43 105424 04/19/02 102816 RUTAN & TUCKER.LLP PROF .SVCS-GENERAL PLAN 010.4003.5319 9,473.57 9,473.57 105425 04/19/02 072638 S & L SAFETY PRODUCTS SHOP TOWELS 220.4303.5255 100.30 105425 04/19/02 072638 S & L SAFETY PRODUCTS SHOP TOWELS 612.4610.5255 100.30 105425 04/19/02 072638 S & L SAFETY PRODUCTS SHOP TOWELS 640.4712.5255 100.30 300.90 105426 04/19/02 075130 SAN LUIS OBISPO CNTY.NE LEGAL 5627703 010.4130.5301 123.93 123.93 105427 04/19/02 076740 SANTA MARIA TIMES PUBLIC HEARING-112209 010.4002.5301 598.50 598.50 105428 04/19/02 078156 SEBASTIAN OIL DISTRIB. FILTERS 010.4211.5608 243.14 105428 04/19/02 078156 SEBASTIAN OIL DISTRIB. GASOLINE/DIESEL 010.4211.5608 229.96 473.10 105429 04/19/02 078234 SECURED STORAGE OFF-SITE STORAGE CHARGES 010.4002.5303 60.00 60.00 105430 04/19/02 101621 TOM SHIFFRAR B/BALL LGE.OFFICIAL-SHIFFRAR 010.4424.5352 96.00 96.00 105431 04/19/02 101943 SLO CNTY VISITORS & GOVT FUNDING 284.4103.5303 3,250.00 3,250.00 105432 04/19/02 081120 SO CALIF MUNI ATHL FED S/BALL LGE. TEAM REGIS 010.4424.5352 420.00 420.00 105433 04/19/02 102200 SOFTCHOICE COPR. IBM MS PROJECT 2000 SOF'IWARE 010.4101.5201 283.14 283.14 105434 04/19/02 080886 SOUTHERN AUTO SUPPLY SOCKET/FUSE 010.4211.5601 8.26 105434 04/19/02 080886 SOUTHERN AUTO SUPPLY PRESSURE GAGE 010.4305.5603 15.84 24.10 105435 04/19/02 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 74.74 74.74 105436 04/19/02 101554 SOUZA CONSTRUCTION, INC OAK PK BLVD WIDENING IMPROVE 350.5609.7001 40,950.04 40,950.04 -'~'- p-'- VOUCHRE2 CITY OF ARROYO GRANDE PAGE 6 04/16/02 16 :21 VOUCHER/CHECK REGISTER FOR PERIOD 10 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNr AMOUNr 105437 04/19/02 081432 BOB SPEAR B/BALL LGE.REFEREE-SPEAR 010.4424.5352 48.00 48.00 105438 04/19/02 100447 SPECIAL ASPHALT PDTS CRACK SEALANT 220.4303.5613 2,346.00 2,346.00 105439 04/19/02 082328 STERLING COMMUNICATIONS PARTS 010.4211.5255 276.90 105439 04/19/02 082328 STERLING COMMUNICATIONS MINlTOR 111 010.4211.5255 2,300.00 105439 04/19/02 082328 STERLING COMMUNICATIONS MINI TOR 111 010.4211.6201 1,376.50 3,953.40 105440 04/19/02 082836 STREATOR PIPE & SUPPLY CR:GERBER BOWL/TANK 010.4213.5604 70.79- 105440 04/19/02 082836 STREATOR PIPE & SUPPLY GERBER BOWL/TANK 010.4213.5604 70.79 105440 04/19/02 082836 STREATOR PIPE & SUPPLY NO-SSEP WAX & BEMIS 010.4213.5604 11.40 105440 04/19/02 082836 STREATOR PIPE & SUPPLY GERBER BOWL/TANK/WAX 010.4213.5604 294.13 105440 04/19/02 082836 STREATOR PIPE & SUPPLY GERBER BOWL & TANK 010.4213.5604 94.59 105440 04/19/02 082836 STREATOR PIPE & SUPPLY CR:BEMIS/GERBERS 010.4213.5604 305.53- 94.59 105441 04/19/02 102244 TITAN INDUSTRIAL FIRST AID KIT SUPPLIES 612.4610.5255 21.70 105441 04/19/02 102244 TITAN INDUSTRIAL FIRST AID KIT SUPPLIES 640.4712.5255 21.70 105441 04/19/02 102244 TITAN INDUSTRIAL FIRST AID KIT SUPPLIES 220.4303.5255 21.70 65.10 105442 04/19/02 102872 STEPHEN TREAT B/BALL LGE~OFFICIAL-TREAT 010.4424.5352 48.00 48.00 105443 04/19/02 088062 UNION ASPHALT INC ASPHALT 220.4303.5613 297.57 297.57 105444 04/19/02 101945 UNITED RENTALS, INC.HWY SAFETY GLASSES 220.4303.5255 41.14 41.14 105445 04/19/02 102007 VERIZON WIRELESS CELL PHONE-CM 010.4101.5403 48.30 105445 04/19/02 102007 VERIZON WIRELESS CELL PHONE-SHEELEY 284.4103.5403 35.72 84.02 105446 04/19/02 090480 WAYNE'S TIRE LUBE/OIL/WIPERS 010.4301. 5601 42.81 105446 04/19/02 090480 WAYNE'S TIRE REPL.TIRES 640.4712.5603 976.46 105446 04/19/02 090480 WAYNE'S TIRE TIRE REPR 010.4301.5601 12.00- 1,007.27 105447 04/19/02 091026 WEST GROUP PAYMENT CTR. CA CODES-CD ROM 010.4003.5503 158.74 158.74 105448 04/19/02 100347 RON WHARTON B/BALL LGE.SCORER-WHARTON 010.4424.5352 52.50 52.50 105449 04/19/02 102923 STEVE WHITE OR REF. WATER NEUTRAL-1040 F.OAKS 226.0000.4027 2,200.00 2,200.00 105450 04/19/02 100431 WILLARD PAPER CO ENVELOPES/KIMWIPES 010.4102.5255 226.78 226.78 105451 04/19/02 102130 XESYSTEMS, INC MAINT-FSMA 2510 010.4201.5602 180.00 180.00 105452 04/19/02 102925 SARAH ZACKER REF. CITE #017887 010.0000.4203 20.00 20.00 TOTAL CHECKS 148,774.26 I I "- ---- J VOUCHRE2 CITY OF ARROYO GRANDE PAGE 7 04/16/02 16:21 VOUCHER/CHECK REGISTER FOR PERIOD 10 FUND TITLE AMOUNT 010 GENERAL FUND 26,978.21 220 STREETS FUND 6,437.47 225 TRANSPORTATION FUND 1,321.00 226 WATER NEUTRALIZATION IMPACT 4,400.00 284 REDEVELOPMENT AGENCY FUND 3,315.72 350 CAPITAL IMPROVEMENT FUND 96,203.87 612 SEWER FUND 434.16 640 WATER FUND 9,683.83 TOTAL 148,774.26 ~ -_.~ ATTACIDIENT 3 CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 03/29/02 - 04/11/02 04119/02 FUND 010 234,517.37 Salaries Full time 152,022.04 FUND 220 12,691.21 Salaries Part-Time 22,197.33 FUND 284 5,194.19 Salaries Over-Time 9,963.88 FUND 612 3,842.32 Holiday Pay 1,036.19 FUND 640 11,618.01 Sick Pay 4,103.63 267,863.10 Annual Leave Pay - Vacation Buyback - Sick Leave Buyback - Vacation Pay 6,005.42 Comp Pay 8,067.66 Annual Leave Pay 3,697.77 PERS Retirement 16,042.44 Social Security 14,841.95 PARS Retirement 252.25 State Disability Ins. 714.82 Health Insurance 22,518.11 Dental Insurance 3,548.58 Vision Insurance 793.46 Life Insurance 568.40 Long Term Disability 841.33 Uniform Allowance - Car Allowance 400.00 Council Expense - Employee Assistance 147.84 Boot Allowance - Motor Pay 100.00 Total: 267,863.10 ".~ ATTACHMENT 4 VOUCHRE2 CITY OF ARROYO GRANDE PAGE I 04/23/02 15:47 VOUCHER/CHECK REGISTER FOR PERIOD 10 VOUCHER I CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 67782 04/18/02 101771 CITY OF ARROYO GRANDE POSTAGE 010.4201.5201 5.73 67782 04/18/02 101771 CITY OF ARROYO GRANDE MEETING SUPPLIES 010.4201.5501 158.78 67782 04/18/02 101771 CITY OF ARROYO GRANDE SRT LOCKER/KITCHEN SUPPLIES 010.4201.5255 20.04 67782 04/18/02 101771 CITY OF ARROYO GRANDE GASOLINE 010.4201.5608 7.28 67782 04/18/02 101771 CITY OF ARROYO GRANDE TRAINING EXPENSES 010.4201.5501 27.31 67782 04/18/02 101771 CITY OF ARROYO GRANDE PARKING FEES-CHIEF'S MTG 010.4201.5501 41.50 260.64 105472 04/26/02 101736 A.L,D.COMPANY,INC. TABER CARTRIDGES 010.4201.5501 1,930.17 1,930.17 105473 04/26/02 102529 ABBEY GROUP CONSULTANTS CAD/RMS!COPPS PROJECT AGREEMEN 272.4201.6101 10,000.00 105473 04/26/02 102529 ABBEY GROUP CONSULTANTS BAR CODE SCANNER & PRINTER 272.4201.6101 1,032.91 11,032.91 105474 04/26/02 102354 ABS DELIVERY SYSTEMS, IN EVIDENCE DELIVERY CHARGES 010.4201.5324 51.00 51. 00 105475 04/26/02 101110 AGP VIDEO VIDEO PRODUCTION/TAPE CC MEET 010.4101.5330 2,650.00 2,650.00 105476 04/26/02 004914 APEX SHARPENING WORKS CHAIN SAW CHAIN 010.4211.5603 105.37 105.37 105477 04/26/02 102509 API WASTE SERVICES R/O BIN-DUMP/RETURN SVCS. 010.4213.5604 425.00 105477 04/26/02 102509 API WASTE SERVICES R/O BIN-DUMP/RETURN sves. 010.4213.5604 250.00 675.00 105478 04/26/02 004952 APPLIED CONCEPTS, INC. POWER CABLE W/SERIAL PORT 010.4201.5603 166.80 166.80 105479 04/26/02 102929 KATHY ARNOLD REF.DOG OBEDIENCE-ARNOLD 010.4424.5351 70.00 70.00 105480 04/26/02 006552 ARROYO MEDICAL GROUP IN PRE-EMPLOY. PHYS-REED 010.4201.5315 50.00 50.00 105481 04/26/02 102050 AVAYA, INC. PHONE-SERVICE AGREEMENT 010.4145.5403 28.16 28.16 105482 04/26/02 007722 AVILA SIGN & DESIGN REPL. VINYL LETTERS-RDA 010.4213.5604 135.00 135.00 105483 04/26/02 009008 BANKCARD CENTER HOTEL-SAN DIEGO 284.4103.5501 298.94 105483 04/26/02 009008 BANKCARD CENTER AIRFARE 284.4103.5501 168.00 105483 04/26/02 009008 BANKCARD CENTER Iesc 284.4103.5501 285.00 105483 04/26/02 009008 BANKCARD CENTER CR: CALED ANNUAL 284.4103.5501 35.00- 105483 04/26/02 009008 BANKCARD CENTER CELL PHONE 284.4103.5403 62.31 105483 04/26/02 009008 BANKCARD CENTER NAT'L SEMINARS-O'DELL 010.4145.5501 139.00 105483 04/26/02 009008 BANKCARD CENTER TELEVISION-COUNCIL CHAMBER 010.4001.5201 289.40 105483 04/26/02 009008 BANKCARD CENTER DAY TIMER REFILL-SISKO 010.4101.5201 27.86 105483 04/26/02 009008 BANKCARD CENTER GASOLlNE-LOCC POLICY MEETING 010.4001.5501 5.00 105483 04/26/02 009008 BANKCARD CENTER GASOLlNE-LOCC POLICY MEETING 010.4001.5501 8.20 105483 04/26/02 009008 BANKCARD CENTER ROOM-LOCC POLICY MEETING 010.4001.5501 200.02 105483 04/26/02 009008 BANKCARD CENTER CAR RENTAL-LOCe POLICY MEETING 010.4001. 5501 124.06 105483 04/26/02 009008 BANKCARD CENTER eITY MANAGER MEETING 010.4101.5501 8.08 105483 04/26/02 009008 BANKCARD CENTER REIMB. SUPPLIES 010.4425.5255 237.22 105483 04/26/02 009008 BANKCARD CENTER SPECIAL EVENT SUPPLIES 010.4424.5252 22.92 105483 04/26/02 009008 BANKCARD CENTER PLAYGROUND SUPPLIES 010.4422.5256 85.05 105483 04/26/02 009008 BANKCARD CENTER SNACK REIMB 010.4425.5259 134.01 105483 04/26/02 009008 BANKCARD CENTER GASOLlNE-CARLSBAD 010.4421.5608 26.36 105483 04/26/02 009008 BANKCARD CENTER SCHOOL SUPPLIES 010.4424.5252 163.99 105483 04/26/02 009008 BANKCARD CENTER FLOWERS 010.4421.5255 39.63 ..- VOUCHRE2 CITY OF ARROYO GRANDE PAGE 2 04/23/02 15:47 VOUCHER/CHECK REGISTER FOR PERIOD 10 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER !\MOUNT !\MOUNT 105483 04/26/02 009008 BANKCARD CENTER LEVENGER PENS 010.4421.5201 9.90 105483 04/26/02 009008 BANKCARD CENTER GASOLINE 010.4421.5608 28.51 105483 04/26/02 009008 BANKCARD CENTER GASOLINE 010.4421.5608 26.76 105483 04/26/02 009008 BANKCARD CENTER CA PARK/REC 010.4421.5501 78.00 105483 04/26/02 009008 BANKCARD CENTER ROOM-LEAGUE OF CA MEETING 010.4301.5501 608.10 105483 04/26/02 009008 BANKCARD CENTER APWA COFFEE MUGS 010.4301.5255 79.00 105483 04/26/02 009008 BANKCARD CENTER OFFICE EXPENSES 010.4301.5201 112.10 105483 04/26/02 009008 BANKCARD CENTER GASOLINE-AFSS MTG 010.4211.5501 22.02 105483 04/26/02 009008 BANKCARD CENTER ROOM-AFSS MTG 010.4211.5501 98.35 105483 04/26/02 009008 BANKCARD CENTER REGIS-ASE TESTS RITTBRBUSH 010.4211.5501 109.00 105483 04/26/02 009008 BANKCARD CENTER SEWING MACHING PART 010.4211.5603 37.81 105483 04/26/02 009008 BANKCARD CENTER DAVIS SEMINAR-RYAN FOSTER 010.4130.5501 250.00 105483 04/26/02 009008 BANKCARD CENTER LEAGUE OF CITIES SEMINAR-STRON 010.4130.5501 425.00 105483 04/26/02 009008 BANKCARD CENTER ROOM-STRONG 010.4130.5501 161.39 105483 04/26/02 009008 BANKCARD CENTER OFFICE SUPPLIES 010.4130.5201 53.62 105483 04/26/02 009008 BANKCARD CENTER KINKO'S-COPY(TRACT 1998) 010.0000.2401 422.70 4,812.31 105484 04/26/02 101782 BOB'S EXPRESS WASH CAR WASH 010.4201.5601 84.00 84.00 105485 04/26/02 012168 BOXX EXPRESS UPS SHIPPING CHARGES 010.4211.5201 98.48 105485 04/26/02 012168 BOXX EXPRESS UPS SHIPPING CHARGES 010.4201.5201 21.10 119.58 105486 04/26/02 013572 BRUMIT DIESEL,INC HUBCAP WINDOW KIT 010.4211.5601 22.52 105486 04/26/02 013572 BRUMIT DIESEL,INC WHEEL SEAL/OIL 010.4211.5601 124.23 146.75 105487 04/26/02 021940 C.COAST TAXI CAB SERVIC TAXI SVCS 4/1-4/15 225.4553.5507 839.00 839.00 105488 04/26/02 017202 CA.ST.BOARD OF EQUALIZA DIESEL FUEL TAX 3Q-Ol/02 010.0000.1202 339.48 339.48 105489 04/26/02 014382 CAL POLY FOUNDATION TRAFFIC WAY DESIGN STUDY 010.4130.5303 3,000.00 3,000.00 105490 04/26/02 015160 CALIFORNIA CONTRACTOR S ANGLE WRENCH SET/HACKSAW 220.4303.5273 155.87 155.87 105491 04/26/02 102652 CENTRAL COAST GASES OXYGEN/ACETYLENE 010.4305.5303 65.04 105491 04/26/02 102652 CENTRAL COAST GASES OXYGEN/ACETYLENE 640.4712.5303 65.04 130.08 105492 04/26/02 022658 CHAPPELL INS. AGENCY, INC FIELD OWNERS LIABILITY INS 010.4424.5257 500.00 500.00 105493 04/26/02 023322 CHRISTIANSON CHEVROLET POWER STEERING HOSES 010.4211.5601 202.02 202.02 105494 04/26/02 023634 CLASSIC TEES & SIGNS YOUTH WRESTLING T-SHIRTS 010.4424.5257 40.76 40.76 105495 04/26/02 023946 CLINICAL LAB.OF SAN EER WATER SAMPLES 640.4710.5310 1,363.00 1,363.00 105496 04/26/02 102928 COLLEGE TOWING SOUTH TOWING SERVICE 010.4201.5303 383.00 383.00 105497 04/26/02 024600 COMMER-lCAL LIGHTING SUP METAL HALIDE LAMPS 010.4430.5605 750.75 750.75 105498 04/26/02 025428 CONSOLIDATED ELECTRICAL HUBW 200 LENS 010.4213.5604 132.99 132.99 105499 04/26/02 101638 TYLER COON S/BALL LEAGUE SCORER-C~N 010.4424.5352 52.50 52.50 ---- ---.-- VOUCHRE2 CITY OF ARROYO GRANDE PAGE 3 04/23/02 15;47 VOUCHER/CHECK REGISTER FOR PERIOD 10 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 105500 04/26/02 026286 CREEK ENVIRONMENTAL LAB WATER SAMPLES 640.4710.5310 70.00 70.00 105501 04/26/02 026754 CRYSTAL SPRINGS WATER C BOTI'LED WATER 010.4430.5605 15.75 105501 04/26/02 026754 CRYSTAL SPRINGS WATER C BOTTLED WATER 010.4421.5201 31.00 105501 04/26/02 026754 CRYSTAL SPRINGS WATER C BOTTLED WATER 010.4301.5201 26.25 73.00 105502 04/26/02 027378 CUTTERS EooE REPR.CUTTERS 010.4211.5603 112.67 112.67 105503 04/26/02 027534 D.G.REPAIR REPR.AC 010.4211.5601 49.66 49.66 105504 04/26/02 101716 JIM DECECCO S/BALL LEAGtJE UMP-DECECCO 010.4424.5352 32.00 32.00 105505 04/26/02 016302 DEPARTMENT OF CORRECTIO mc CREWS-MARCH 220.4303.5303 2,584.14 2,584.14 105506 04/26/02 100514 DEWAINE'S CRANE REPL. LIGHT BULBS 010.4430.5605 240.00 240.00 105507 04/26/02 029484 DIESELRO INC. LAMP /UJOINT REPL 010.4420.5601 168.01 105507 04/26/02 029484 DIESELRO INC. REPL. TRANS PUMP 010.4420.5601 278.13 446.14 105508 04/26/02 030584 DEBI DYKZEUL S/BALL SCORER-DYKZEUL 010.4424.5352 75.00 75.00 105509 04/26/02 101379 FERGUSON ENTERPRISES,IN ANGLESTOPS 640.4712.5610 414.56 105509 04/26/02 101379 FERGUSON ENTERPRISES,IN BOLTS 640.4712.5610 1,296.96 105509 04/26/02 101379 FERGUSON ENTERPRISES,IN BACKFLOW 010.4430.5605 135.98 105509 04/26/02 101379 FERGUSON ENTERPRISES, IN CR:ANGLESTOPS 640.4712.5610 13.90- 105509 04/26/02 101379 FERGUSON ENTERPRISES, IN CR:BOLTS 640.4712.5610 679.11- 1,154.49 105510 04/26/02 100446 FIRST ASSEMBLY OF GOD FACILITY USE-NOV 26/MARCH 1 010.4426.5553 6,075.00 6,075.00 105511 04/26/02 101604 BARBIE GARY SUPPLY REPLACEMENT 010.4425.5255 2.00 105511 04/26/02 101604 BARBIE GARY PLAYGROUND SUPPLIES 010.4422.5256 4.00 105511 04/26/02 101604 BARBIE GARY TRAVEL REIMBURSEMENT 010.4425.5303 21.12 27.12 105512 04/26/02 038200 GOV'T FINANCE OFFICERS 2/3 GFOA DUES-SNOooRASS 010.4120.5503 155.00 155.00 105513 04/26/02 039312 CITY OF GROVER BEACH SWR-430 NOEL 7/1/01-12/31/01 612.0000.4751 39.00 105513 04/26/02 039312 CITY OF GROVER BEACH SWR-438 NOEL 7/1/01-12/31/01 612.0000.4751 39.00 105513 04/26/02 039312 CITY OF GROVER BEACH SWR-440 NOEL 7/1/01-12/31/01 612.0000.4751 39.00 105513 04/26/02 039312 CITY OF GROVER BEACH SWR-446 NOEL 7/1/01-12/31/01 612.0000.4751 39.00 105513 04/26/02 039312 CITY OF GROVER BEACH SWR-451 NOEL 7/1/01-12/31/01 612.0000.4751 39.00 105513 04/26/02 039312 CITY OF GROVER BEACH SWR-454 NOEL 7/1/01-12/31/01 612.0000.4751 39.00 105513 04/26/02 039312 CITY OF GROVER BEACH SWR-459 NOEL 7/1/01-12/31/01 612.0000.4751 39.00 105513 04/26/02 039312 CITY OF GROVER BEACH SWR-462 NOEL 7/01/01-12/31/01 612.0000.4751 39.00 105513 04/26/02 039312 CITY OF GROVER BEACH SWR-467 NOEL 7/01/01-12/31/01 612.0000.4751 39.00 105513 04/26/02 039312 CITY OF GROVER BEACH SWR-470 NOEL 7/1/01/-12/31/01 612.0000.4751 39.00 105513 04/26/02 039312 CITY OF GROVER BEACH SWR-475 NOEL 7/1/01-12/31/01 612.0000.4751 39.00 105513 04/26/02 039312 CITY OF GROVER BEACH SWR-478 NOEL 7/01/01-12/31/01 612.0000.4751 39.00 105513 04/26/02 039312 CITY OF GROVER BEACH SWR-483 NOEL 7/01/01-12/31/01 612.0000.4751 39.00 105513 04/26/02 039312 CITY OF GROVER BEACH SWR-486 NOEL 7/1/01-12/31/01 612.0000.4751 39.00 105513 04/26/02 039312 CITY OF GROVER BEACH SWR-491 NOEL 7/1/01-12/31/01 612.0000.4751 39.00 105513 04/26/02 039312 CITY OF GROVER BEACH SWR-494 NOEL 7/1/01-12/31/01 612.0000.4751 39.00 ._---~ VOUCHRE2 CITY OF ARROYO GRANDE PAGE 4 04/23/02 15:47 VOUCHER/CHECK REGISTER FOR PERIOD 10 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 105513 04/26/02 039312 CITY OF GROVER BEACH SWR-448 DIXS 7/1/01-12/31/01 612.0000.4751 39.00 105513 04/26/02 039312 CITY OF GROVER BEACH $WR-456 DIXS 7/1/01-12/31/01 612.0000.4751 39.00 105513 04/26/02 039312 CITY OF GROVER BEACH SWR-464 DIXS 7/1/01-12/31/01 612.0000.4751 39.00 105513 04/26/02 039312 CITY OF GROVER BEACH SWR-472 DIXS 7/1/01-12/31/01 612.0000.4751 39.00 105513 04/26/02 039312 CITY OF GROVER BEACH SWR-480 DIXS 7/1/01-12/31/01 612.0000.4751 39.00 105513 04/26/02 039312 CITY OF GROVER BEACH SWR-488 DIXS 7/1/01-12/31/01 612.0000.4751 39.00 105513 04/26/02 039312 CITY OF GROVER BEACH SWR-1371 DIXS 7/1/01-12/31/01 612.0000.4751 39.00 105513 04/26/02 039312 CITY OF GROVER BEACH SWR-1374 DIXS 7/1/01-12/31/01 612.0000.4751 39.00 105513 04/26/02 039312 CITY OF GROVER BEACH SWR-1375 DIXS 7/1/01-12/31/01 612.0000.4751 39.00 105513 04/26/02 039312 CITY OF GROVER BEACH SWR-1378 DIXS 7/01/01-12/31/01 612.0000.4751 39.00 105513 04/26/02 039312 CITY OF GROVER BEACH SWR-1379 DIXS 7/1/01-12/31/01 612.0000.4751 39.00 105513 04/26/02 039312 CITY OF GROVER BEACH SWR-1382 DIXS 7/1/01-12/31/01 612.0000.4751 39.00 105513 04/26/02 039312 CITY OF GROVER BEACH SWR-1386 DIXS 7/1/01-12/31/01 612.0000.4751 39.00 1,131. 00 105514 04/26/02 102910 GSI SOILS,INC SOIL TESTING-RODEO 350.5649.7001 975.00 975.00 105515 04/26/02 102161 GT DISTRIBUTORS,INC YARDAGE PRO RANGEFINDER 010.4201.5272 395.90 395.90 105516 04/26/02 041808 CRAIG HENDRICKS REIMB. GENERATOR 010.4201.5605 43.10 43.10 105517 04/26/02 102931 IAZARO HERNANDEZ REF.WTR DEP-602 HARRISON ST 640.0000.2302 180.00 105517 04/26/02 102931 IAZARO HERNANDEZ CLOSING BILL-602 HARRISON ST 640.0000.4751 61.59- 105517 04/26/02 102931 IAZARO HERNANDEZ PREVIOUS BALANCE-602 HARRISON 640.0000.4751 81.82- 36.59 105518 04/26/02 102701 INDOFF, INC. OFFICE SUPPLIES 010.4424.5252 63.34 105518 04/26/02 102701 INDOFF,INC. OFFICE SUPPLIES 010.4421.5201 45.85 105518 04/26/02 102701 INDQFF, INC. OFFICE SUPPLIES 010.4211.5201 95.33 105518 04/26/02 102701 INDOFF,INC. OFFICE SUPPLIES 010.4211.5201 117.19 105518 04/26/02 102701 INDOFF, INC. OFFICE SUPPLIES 010.4421.5201 320.68 642.39 105519 04/26/02 044496 INFORMATION SERVICES DP-ON LINE TRANS MARCH 010.4201.5606 94.71 94.71 105520 04/26/02 100752 KUSTOM SIGNALS, INC. PRO LASER 111 W/BATTERY 272 .4201. 6201 3,854.55 3,854.55 105521 04/26/02 100985 DOUG LINTNER S/BALL LGE.OFFICIAL-LINTNER 010.4424.5352 160.00 160.00 105522 04/26/02 101173 LONGS DRUG STORE PHOTO PROCESSING FEB/MARCH 010.4201.5255 133.72 133 . 72 105523 04/26/02 057096 MINER'S ACE HARDWARE KEYS 010.4213.5604 5.91 105523 04/26/02 057096 MINER'S ACE HARDWARE BULBS 010.4201.5605 18.63 105523 04/26/02 057096 MINER'S ACE HARDWARE POWER CORD 010.4213.5604 10.18 105523 04/26/02 057096 MINER'S ACE HARDWARE PAINT/CLEANER 010.4213.5604 25.18 105523 04/26/02 057096 MINER'S ACE HARDWARE LOCK KEY5.AFE 010.4211.5603 30.56 105523 04/26/02 057096 MINER'S ACE HARDWARE MARKERS/GOGGLES/FILE 010.4211.5255 25.03 . 105523 04/26/02 057096 MINER'S ACE HARDWARE WASTEBASKET/SOAP 010.4211.5255 18.21 105523 04/26/02 057096 MINER'S ACE HARDWARE PLYWOOD 010.4211.5603 11.79 105523 04/26/02 057096 MINER'S ACE HARDWARE BULBS 010.4213.5604 42.88 105523 04/26/02 057096 MINER'S ACE HARDWARE VAC WAND 010.4211.5255 11.25 105523 04/26/02 057096 MINER'S ACE HARDWARE ADAPTER/COUPLER 010.4420.5605 7.80 105523 04/26/02 057096 MINER'S ACE HARDWARE PAINT 220.4303.5613 8.03 105523 04/26/02 057096 MINER'S ACE HARDWARE BULBS 010.4213.5604 11.15- i , 0_0.__- , VOUCHRE2 CITY OF ARROYO GRANDE PAGE 5 04/23/02 15:47 VOUCHER/CHECK REGISTER FOR PERIOD 10 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 105523 04/26/02 057096 MINER'S ACE HARDWARE AA BATTERY/COUPLER 010.4211.5603 9.95 105523 04/26/02 057096 MINER'S ACE HARDWARE PUTTYKNIF/ADHESIVE 010.4211.5255 6.31 105523 04/26/02 057096 MINER'S ACE HARDWARE BULBS 010.4213.5604 15.86 105523 04/26/02 057096 MINER'S ACE HARDWARE SLEDGE/DRILL HANDLE 640.4712.5273 20.68 105523 04/26/02 057096 MINER I S ACE HARDWARE SANDING DISK/FLOOR SCRAPER 640.4712.5273 42.08 105523 04/26/02 057096 MINER'S ACE HARDWARE SANDING DISK/FLOOR SCRAPER 640.4712.5603 43.30 342.48 105524 04/26/02 102930 B.F. MOORE & CO. REF.VARIANCB-1405 GRAND 010.0000.4503 785.00 785.00 105525 04/26/02 058578 MULLAHEY FORD LIC. PLATE BRACKET/AIR DAM REPL 640.4712.5601 72.16 72.16 105526 04/26/02 102808 NATIONAL RESOURCE SAFET SHIPPING-SAFETY VIDEOS 220.4303.5255 19.35 19.35 105527 04/26/02 102044 NOSSAMAN,GtrrHNER,KNOX & PROF. LEGAL SVCS-S.M.VLY WATER 640.4710.5575 6,285.68 6,285.68 105528 04/26/02 102932 OES FIRE & RESCUE BRANC PTO PUMP REPLACEMENT-CES 272 010.4211.5324 1,758.85 1,758.85 105529 04/26/02 063882 PACIFIC APPAREL & SPORT BASKETBALL PUMP 010.4426.6201 70.45 70.45 105530 04/26/02 063960 PACIFIC BELL RADIO 451-0183 010.4145.5403 131.12 105530 04/26/02 063960 PACIFIC BELL ALARM 841-3953 010.4211.5403 22.44 105530 04/26/02 063960 PACIFIC BELL ALARM 841-3956 220.4303.5403 22.44 105530 04/26/02 063960 PACIFIC BELL ALARM 841-3959 640.4710.5403 22.44 105530 04/26/02 063960 PACIFIC BELL ALARM 841-3960 010.4211.5403 22.44 105530 04/26/02 063960 PACIFIC BELL PHONE 271-7480 010.4201.5403 45.58 105530 04/26/02 063960 PACIFIC BELL PHONE 489-9867 010.4201.5403 54.00 320.46 105531 04/26/02 102488 STEVE PARKER S/BALL LEAGUE UMPIRE-PARKER 010.4424.5352 38.50 38.50 105532 04/26/02 066690 PITNEY BOWES POSTAGE METER RENTAL TO 8/15 010.4201.5602 169.19 169.19 105533 04/26/02 102631 RANGE MASTER UNIFORM SHIRT-CADET GEREMIA 010.4;201.5255 48.25 48.25 105534 04/26/02 101392 THE ROCKWOOD CORP RANGE TARGETS 010.4201.5501 295.60 295.60 105535 04/26/02 071682 GREG ROSE S/BALL LGE.OFFICIAL-ROSE 010.4424.5352 48.00 48.00 105536 04/26/02 102719 ROSENOW SPEVACEK GROUP, PROF. SVCS 284.0000.2400 10,000.00 105536 04/26/02 102719 ROSENOW SPEVACEK GROUP, PROF.SVCS 232.4558.5303 1,637.50 11,637.50 105537 04/26/02 073554 CITY OF SAN LUIS OBISPO WORKERS COMP INS-4TH QTR 01/02 010.4001.5141 70.60 105537 04/26/02 073554 CITY OF SAN LUIS OBISPO WORKERS COMP INS-4TH QTR 01/02 010.4101.5141 695.92 105537 04/26/02 073554 CITY OF SAN LUIS OBISPO WORKERS COMP INS-4TH QTR 01/02 010.4102.5141 141.20 105537 04/26/02 073554 CITY OF SAN LUIS OBISPO WORKERS COMP INS-4TH QTR 01/02 010.4120.5141 645.49 105537 04/26/02 073554 CITY OF SAN LUIS OBISPO WORKERS COMP INS-4TH QTR 01/02 010.4002.5141 161.37 105537 04/26/02 073554 CITY OF SAN LUIS OBISPO WORKERS COMP INS-4TH QTR 01/02 010.4130.5141 796.78 105537 04/26/02 073554 CITY OF SAN LUIS OBISPO WORKERS COMP INS-4TH QTR 01/02 010.4201.5141 57,075.54 105537 04/26/02 073554 CITY OF SAN LUIS OBISPO WORKERS COMP INS-4TH QTR 01/02 010.4211.5141 9,268.85 105537 04/26/02 073554 CITY OF SAN LUIS OBISPO WORKERS COMP INS-4TH QTR 01/02 010.4212.5141 1,270.81 105537 04/26/02 073554 CITY OF SAN LUIS OBISPO WORKERS COMP INS-4TH QTR 01/02 010.4301.5141 1,694.41 105537 04/26/02 073554 CITY OF SAN LUIS OBISPO WORKERS COMP INS-4TH QTR 01/02 010.4213.5141 1,210.30 . --------_.-~ -------- VOUCHRE2 CITY OF ARROYO GRANDE PAGE 6 04/23/02 15:47 VOUCHER/CHECK REGISTER FOR PERIOD 10 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 105537 04/26/02 073554 CITY OF SAN LUIS OBISPO WORKERS COMP INS-4TH QTR 01/02 010.4305.5141 1,633.90 105537 04/26/02 073554 CITY OF SAN LUIS OBISPO WORKERS COMP INS-4TH QTR 01/02 010.4420.5141 6,737.31 105537 04/26/02 073554 CITY OF SAN LUIS OBISPO WORKERS COMP INS-4TH QTR 01/02 010.4421.5141 181.54 105537 04/26/02 073554 CITY OF SAN LUIS OBISPO WORKERS COMP INS-4TH QTR 01/02 010.4422.5141 514.38 105537 04/26/02 073554 CITY OF SAN LUIS OBISPO WORKERS COMP INS-4TH QTR 01/02 010.4423.5141 292.49 105537 04/26/02 073554 CITY OF SAN LUIS OBISPO WORKERS COMP INS-4TH QTR 01/02 010.4425.5141 2,531.54 105537 04/26/02 073554 CITY OF SAN LUIS OBISPO WORKERS COMP INS-4 TH QTR 01/02 010.4430.5141 1,543.13 105537 04/26/02 073554 CITY OF SAN LUIS OBISPO WORKERS COMP INS-4TH QTR 01/02 220.4303.5141 6,475.08 105537 04/26/02 073554 CITY OF SAN LUIS OBISPO WORKERS COMP INS-4TH QTR 01/02 284.4103.5141 292.49 105537 04/26/02 073554 CITY OF SAN LUIS OBISPO WORKERS COMP INS-4TH QTR 01/02 612.4610.5141 2,339.91 105537 04/26/02 073554 CITY OF SAN LUIS OBISPO WORKERS COMP INS-4TH QTR 01/02 640.4710.5141 1,270.81 105537 04/26/02 073554 CITY OF SAN LUIS OBISPO WORKERS COMP INS-4TH QTR 01/02 640.4711.5141 847.21 105537 04/26/02 073554 CITY OF SAN LUIS OBISPO WORKERS COMP INS-4TH QTR 01/02 640.4712.5141 3,166.94 100,858.00 105538 04/26/02 075660 SAN LUIS PAINTS FLAT WALL PAINT-SSC 010.4430.5255 70.50 70.50 105539 04/26/02 077024 ANN SARMIENTO S/BALL SCORER-SARMIENTO 010.4424.5352 120.00 120.00 105540 04/26/02 102909 MARK SCHAFFER S/BALL LGE. UMP-SCHAFFER 010.4424.5352 256.00 256.00 105541 04/26/02 078156 SEBASTIAN OIL DISTRIB. DIESEL FUEL 010.4211.5608 54.98 105541 04/26/02 078156 SEBASTIAN OIL DISTRIB. FILTERS 010.4211.5601 46.76 105541 04/26/02 078156 SEBASTIAN OIL DISTRIB. DIESEL/GASOLINE 010.4211.5608 149.72 251.46 105542 04/26/02 098680 SLa COUNTY SHERIFF CLETS MESSAGE SWITCH 9MNBMONIC 010.4201. 5607 5,847.00 5,847.00 105543 04/26/02 080144 SMITH & WESSON IDENTI-KIT RENTAL MODEL 2000 010.4201.5255 437.58 437.58 105544 04/26/02 080340 SNAP-ON TOOLS CORP METRIC SOCKET SET 010.4305.5273 176.37 176.37 105545 04/26/02 080808 SOUTH SLO COUNTY SANIT SEWER HooKUPS-3/02 760.0000.2305 24,000.00 105545 04/26/02 080808 SOUTH SLO COUNTY SANIT SEWER SVC COLL-3/02 760.0000.2304 43,457.85 105545 04/26/02 080808 SOUTH SLa COUNTY SANIT 3-02 SAN DIST-214 E.BRANCH 010.4145.5401 19.63 105545 04/26/02 080808 SOUTH SLa COUNTY SANIT 3-02 SAN DIST-215 E.BRANCH 010.4145.5401 13.47 105545 04/26/02 080808 SOUTH SLe COUNTY SANIT 3-02 SAN DIST-208 E.BRANCH 010.4145.5401 13.47 105545 04/26/02 080808 SOUTH SLO COUNTY SANIT 3-02 SAN DIST-211 VERNON 010.4145.5401 13.47 105545 04/26/02 080808 SOUTH SLO COUNTY SANIT 3-02 SAN DIST-140 TRAP.WAY 010.4145.5401 13.47 105545 04/26/02 080808 SOUTH SLa COUNTY SANIT 3-02 SAN DIST-STROTHER R/R 010.4145.5401 13.47 67,544.83 105546 04/26/02 080886 SOUTHERN AUTO SUPPLY LAMP BULBS 010.4211.5601 37.72 105546 04/26/02 080886 SOUTHERN AUTO SUPPLY V-BELT/FUSE 010.4211.5601 19.73 105546 04/26/02 080886 SOUTHERN AUTO SUPPLY LAMP BULBS 010.4211.5601 48.67 105546 04/26/02 080886 SOUTHERN AUTO SUPPLY FLEET MOTOR OIL 010.4420.5601 24.45 130.57 105547 04/26/02 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 10.19 105547 04/26/02 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 179.63 105547 04/26/02 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 85.50 105547 04/26/02 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 120.37 395.69 105548 04/26/02 082134 STATEWIDE SAFETY & SIGN NO TRUCK SIGNS 220.4303.5613 51.48 51.48 -_._~---- -...- ---~ VOUCHRE2 CITY OF ARROYO GRANDE PAGE 7 04/23/02 15:47 VOUCHER/CHECK REGISTER FOR PERIOD 10 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 105549 04/26/02 100798 SUMMIT UNIFORMS 3 DRESS HATS 010.4201.5255 231.33 231.33 105550 04/26/02 084084 TAYLOR'S TUNE-UP SHOP TUNE UP/FAN BELT/WIPER/BLADES 220.4303.5601 528.08 528.08 105551 04/26/02 102318 DENNIS THURMAN S/BALL LEAGUE OFFICIAL-THURMAN 010.4424.5352 64.00 64.00 105552 04/26/02 102244 TITAN INDUSTRIAL COLD PACKS 612.4610.5255 6.33 6.33 105553 04/26/02 086736 DOTTIE TRULOCK DOG OBEDIENCE CLASSES 010.4424.5351 633.60 633.60 105554 04/26/02 100852 TUCKFIELD & ASSOCIATES PROF SVCS-CANYON CREST WATER 640.4712.5303 900.00 900.00 105555 04/26/02 087672 UNITED RENTALS RENTAL-LOG SPLITTER 220.4303.5552 69.96 69.96 105556 04/26/02 102007 VERIZON WIRELESS CELL PHONE-PD. PORTABLE 010.4211.5403 16.77 105556 04/26/02 102007 VERIZON WIRELESS PD CELL PHONES 010.4201.5403 317.70 105556 04/26/02 102007 VERIZON WIRELESS CELL PHONE-CHAVEZ 010.4430.5605 24.86 105556 04/26/02 102007 VERIZON WIRELESS CELL PHONE-PKS/REC-DIRECTOR 010.4421.5602 31.88 105556 04/26/02 102007 VERIZON WIRELESS CELL PHONE-PKS SUPER 010.4421.5602 15.65 406.86 105557 04/26/02 090480 WAYNE'S TIRE LUBE/OIL/FILTER-021 010.4201.5601 23.61 105557 04/26/02 090480 WAYNE'S TIRE LUBE/OIL/FILTER/WIPERS-991 010.4201.5601 63.53 105557 04/26/02 090480 WAYNE'S TIRE LUBE/OIL/FILTER-022 010.4201.5601 23.61 105557 04/26/02 090480 WAYNE'S TIRE WIPERS/LUBE/OIL/FILTER-981 010.4201.5601 57.89 105557 04/26/02 090480 WAYNE'S TIRE MOUNTING/BALANCE TIRES-011 010.4201.5601 15.50 105557 04/26/02 090480 WAYNE'S TIRE TIRES-012 010.4201.5601 147.58 105557 04/26/02 090480 WAYNE'S TIRE VALVE STEM 010.4211.5601 93.84 105557 04/26/02 090480 WAYNE'S TIRE LUBE/OIL/FILTER/ROTATE 010.4301. 5601 23.61 449.17 105558 04/26/02 100431 WILLARD PAPER CO PAPER 010.4102.5255 244.53 244.53 105559 04/26/02 092976 WITMER-TYSON IMPORTS K-9 SUPPLIES 010.4201.5322 386.10 386.10 105560 04/26/02 102189 YMCA/FIVE CITIES YOUTH 5 CITIES YOUTH B/BALL SPONSORS 010.4426.5319 2,600.00 105560 04/26/02 102189 YMCA/FIVE CITIES YOUTH 5 CITIES YOtn'H B/BALL SPONSORS 010.4426.5319 4,829.01 7,429.01 TOTAL CHECKS 258,148.24 ----- -- ) VOUCHRE2 CITY OF ARROYO GRANDE PAGE 8 04/23/02 15:47 VOUCHER/CHECK REGISTER FOR PERIOD 10 FUND TITLE !\MOUNT 010 GENERAL FUND 132,663.58 220 STREETS FUND 9,914.43 225 TRANSPORTATION FUND 839.00 232 IN-LIEU AFFORDABLE HOUSING 1,637.50 272 CA LAW ENFORCMT TCHNLGY EQUIP. 14,887.46 284 REDEVELOPMENT AGENCY FUND 11,071.74 350 CAPITAL IMPROVEMENT FUND 975.00 612 ,SEWER FUND 3,477.24 640 WATER FUND 15,224.44 760 SANITATION DISTRIBUTION FUND 67,457.85 TOTAL 258,148.24 , I I .\TTACHMENT 5 VQUCHRE2 CITY OF ARROYO GRANDE PAGE 1 05/01/02 08:04 VOUCHER/CHECK REGISTER FOR PERIOD 10 VOUCHER! CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 67783 04/30/02 073660 SLOCO DATA, INC. POSTAGE-WEED ABATE 010.4211. 5599 1,000.00 1,000.00 67784 04/30/02 074724 SLD CNTY FIRE SERVICE REGIS-FISICH/CROTTY TRAIN OFF 010.4211.5501 105.00 105.00 TOTAL CHECKS 1,105.00 ~- ---- I.b. MEMORANDUM TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES ~ BY: JANET M. HUWALDT, ACCOUNTING SUPERVISOR~iY SUBJECT: STATEMENT OF INVESTMENT DEPOSITS DATE: MAY 14, 2002 Attached please find a report listing the current investment deposits of the City of Arroyo Grande, as of April 30, 2002, as required by Government Code Section 53646 (b). __ _______n_______ __ ________ ,-.---.,. -- -----------...- CITY OF ARROYO GRANDE MONTHLY INVESTMENT REPORT As of April 30, 2002 May 14, 2002 This report presents the City's investments as of April 30, 2002. It includes all investments managed by the City, the investment institution, type of investment, maturity date, and rate of interest. As of April 30, 2002, 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 April 30, 2002 compared with the prior month and the prior year. Date: April 2002 March 2002 April 2001 Amount: $12,050,000 11,550,000 10,350,000 Interest Rate: 2.85% 2.98% 6.16% 8.c. MEMORANDUM TO: CITY COUNCIL FROM: LYNDA I(. SNODGRASS, DIRECTOR DF FINANCIAL SERVICES 9 SUBJECT: CASH FLOW ANAL YSIS/APPROVAL OF INTERFUND ADVANCE - FROM THE WATER FACILITY FUND DATE: MAY 14,2002 RECOMMENDATION: It is recommended the City Council: . Accept the March 2002 cash report, . Approve the interfund advance of $491 ,640 from the Water Facility Fund to cover cash deficits in other funds as of March 31, 2002. FUNDING: No outside funding is required. Attachment A - Cash Balance/lnterfund Advance Report _. ATTACHMENT A CIIT OF ARROYO GRANDE CASH BALANCE / INTERFUND ADVANCE REPORT At April 30, 2002 Balance at Recommended Revised Fund 04/30/2002 Advances Balance 010 General Fund 2,367,836 2,367,836 210 Fire Protection Impact Fees 107,762 107,762 212 Police Protection Impact Fees 20,166 20,166 213 Park Development 469,568 469,568 214 Park Improvement 55,091 55,091 215 Recreation Community Center 3,480 3,480 217 Landscape Maintenance 31,566 31,566 220 Street (Gas Tax) Fund 117,394 117,394 222 Traffic SignAli7"tion 530,746 530,746 223 Traffic Circulation 476,445 476,445 224 Transportation Facility Impact 1,911,245 1,911,245 225 Transportation (4,704) 4,704 0 226 Water Neutralization Impact 423,247 423,247 230 Construction Tax 228,706 228,706 231 Drainage Facility 17,938 17,938 232 In-Lieu Affordable Housing 537,606 537,606 241 Lopez Facility Fund 830,612 830,612 250 CDBG Fund 12,514 12,514 271 State COPS Block Grant Fund 28,070 28,070 272 Calif. Law Enf. Technology Grant 36,626 36,626 279 00-01 Fed Local Law Enforcement Grant 9,157 9,157 284 Redevelopment Agency (163.262) 163,262 0 285 Redevelopment Set Aside 46,533 46,533 350 Capital Projects (343,287) 343,287 0 612 Sewer Fund (5,308) 5,308 0 634 Sewer Facility 111,826 111,826 640 Water Fund 2,776,477 (516,561) 2,259,916 641 Lopez 383,028 383,028 642 Water Facility 1,476,510 1,476,510 751 Downtown Parking 43,402 43,402 760 Sanitation District Fund 86,359 86,359 Total City Wide Cash 12,623,349 0 12,623,349 TIlE ABOVE LISTING ARE TIlE CASH BALANCES SHOWN IN TIlE GENERAL LEDGER OF TIlE CITY OF ARROYO GRANDE AS OF APRIL 30, 2002 ~ ;~~97-~ da K. Snodgrass Director of Financial Services ~ B.d. MINUTES SPECIAL MEETING OF THE CITY COUNCIL TUESDAY, MARCH 26, 2002 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. SPECIAL CITY COUNCIL MEETING Mayor Lady called the meeting to order at 6:15 p.m. Mayor Pro Tem Runels, Council Members Dickens, Ferrara and Lubin, City Manager Adams and City Attomey Carmel were present. 2. PUBLIC COMMENT: Otis Page addressed the Council regarding Agenda Item 3.a.1. 3. CLOSED SESSION: a. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Government Code Section 54956.9(a): 1. Name of Case: Citizen's Committee for the Conservation of Local Aarlculture v. City of Arrovo Grande. et aI., San Luis Obispo County Superior Court Case No. CV 020085. 4. CLOSED SESSION ANNOUNCEMENTS: Mayor Lady announced that there was no reportable action from the closed session. 5. ADJOURNMENT TO REGULAR CITY COUNCIL MEETING: The meeting was adjourned at 7:07 p.m. Michael A. Lady, Mayor ATTEST: Kelly Wetmore, Director of Administrative Services! Deputy City Clerk I --- __~m__..._ MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, MARCH 26, 2002 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Lady called the Regular City Council meeting to order at 7:14 p.m. 2. ROLL CALL City Council: Council Members Dickens, Ferrara, Lubin, Mayor Pro Tem Runels and Mayor Lady were present. City Staff Present: City Manager Adams; City Attorney Carmel; Director of Administrative Services Wetmore; Community Development Director Strong; Chief of Police TerBorch; Director of Building and Fire Fibich; Director of Financial SeYVices Snodgrass; Director of Parks, Recreation & Facilities Hernandez; and Director of Public Works Spagnolo. 3. FLAG SALUTE Members of Boy Scout Troop 234 led the Flag Salute. 4. INVOCATION Pastor Paul Jones delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Proclamation - Month of the Young Child. Mayor Lady presented a Proclamation to Maddy Quaglino, representing the Family Child Care Association of San Luis Obispo County, recognizing April 2002 as "Month of the Young Child". 5.b. Presentation - League of California Cities Grassroots Effort. David Mullinax, Channel Counties Division Regional Representative for the League of California Cities Grassroots Program, gave a presentation on the new grassroots program. As the Grassroots Program representative for the Channel Counties Division of the League, Mr. Mullinax stated he would be working to build a coalition in support of more participation in the Channel Counties Division, and encouraged elected and appointed officials to take part in Legislative Action Days in Sacramento to create strategic alliances with State legislators. He explained that the League of Califomia Cities would also be working toward total constitutional protection of city revenues. Chief of Police TerBorch reported that he attended a presentation by the Governor in Sacramento and met with him and his staff afterward to discuss the State budget. He gave an overview of the status of task forces being formed to protect local revenues. --.--- CITY COUNCIL MINUTES MARCH 26, 2002 PAGE 2 6. AGENDA REVIEW None. 6.a. Resolutions and Ordinances Read in Title Only Council Member Dickens moved, Council Member Ferrara 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 Claire Vollmer, 338 Village Glen Drive, representing Big Brothers Big Sisters of San Luis Obispo County, gave an overview of the youth mentoring organization and invited the Council to its annual "Bowl for Kids' Sake" to be held on April 27-28, 2002 to benefit the kids in the program. Steve Mathieu, AGP Video, apologized to the Council and public for the government access channel being offline last week and explained the issue. Ed Dorfman, 285 La Cresta, expressed concerns regarding the. ongoing litigation involving the Referendum. Karen Lange, 146 Avenida de Diamante, inquired about the status of the Rancho Grande Park issue. Mayor Lady acknowledged the inquiry and gave a .brief update on the project. City Manager Adams reported that staff would be requesting authorization to solicit bids at the next regular City Council meeting. Bruce Vanderveen, 1273 Branch Mill Road, stated he felt Council Member Dickens had a conflict of interest with regard to the litigation against the City involving the Referendum and requested that he step down from the issue. Dale Gropp, 246 Walnut, read a definition of prime farmland and stated he felt that the land in question met that definition. He urged the Council to keep the definition in mind when considering future development proposals. Bill McCann, 575 Crown Hill, stated there were many misconceptions with regard to the Referendum. He stated he was pleased with the actions of Council and he wanted the public to know that the Council was not a part of the lawsuit. He reported that he felt the issue would be resolved soon. Otis Page, 606 Myrtle, spoke regarding the pending litigation against the City involving the Referendum. Wayne King, Pismo Beach, reported he had attended the majority of the General Plan Update meetings and stated the proponent who spoke previously had not participated in those meetings. CITY COUNCIL MINUTES MARCH 26, 2002 PAGE 3 8. CONSENT AGENDA Mayor Lady invited pUblic comments on any items on the Consent Agenda. Council Member Lubin declared a potential conflict of interest due to real property ownership on Consent Agenda Item 8.1. and stepped down from the dais. Council Member Ferrara reported he had received a second letter from Andre, Morris & Buttery, the firm representing Castle rock Development, related to Item 8.1. He stated he reviewed the letter carefully, reviewed the conflict of interest laws in depth again, consulted with the City Attorney, and reported it was his position that he did not have a conflict of interest with regard to Item 8.1. as his residence was located over a half a mile away from the subject. Bob Brownson referred to previous comments made by the developer's representative and said he wanted to make it clear that all the talk about entitlements has not been resolved, and said that there was contention about those entitlements. He said that the upcoming CEQA review and Environmental Il"fIpact Report would tell how many environmental constraints there are on the property and what is and is not appropriate for the parcel. Dean Coker, Land Planner representing Castlerock Development, commented on the commencement of the Subsequent Environmental Impact Report for. Castlerock's proposed project called "The Meadows". He stated that as the project enters a technical phase of the processing of the tract application,. he would be introducing various consultants and advisors that Castlerock would be utilizing to provide assistance, answer questions, and eventually offer expert testimony. He introduced Dennis Law as Castlerock's legal counsel. Dennis Law, from the Law Office of Andre, Morris & Buttery, representing Castlerock, commented that the item on the Agenda tonight is the first item that is directly involved in the processing of Tract 1998. He said while there has been a substantial amount of public comment and discussion in the past on Tract 1998, it has related to matters other than the direct processing of Tract 1998. He stated that the Tentative Map that is currently under process is directly related to the Rancho Grande Master Plan, and that the SEIR would take into account the prior studies and existing site conditions. On behalf of Castlerock Development, he expressed a willingness and desire to work cooperatively and professionally with the City and the community on this process. Council Member Lubin returned to the dais. Council Member Dickens moved and Council Member Ferrara seconded the motion to approve Consent Agenda Items 8.a. through 8.k., with the recommended courses of action: CITY COUNCIL MINUTES MARCH 26, 2002 PAGE 4 8.a. Cash Disbursement Ratification. Action: Approved the listings of cash disbursements for the period March 1, 2002 through March 15, 2002. 8.b. Consideration of Authorization to Examine State Board of Equalization Records. Action: Adopted Resolution No. 3582 granting the City Council, City Manager, Financial Services Director, Economic Development Director, City Council, and the firm of Hinderliter, de Llamas and Associates the authority to examine the records of the State Board of Equalization pertaining. to sales and use taxes collected by the Board for the City. 8.c. Cost Allocation Plan Update. Action: Adopted the Fiscal Year 2002-03 Cost Allocation Plan. 8.d. Annual Review of City Investment Policy. Action: Approved without changes the City of Arroyo Grande Investment Policy. 8.e. Consideration of Approval of Minutes. Action: Approved minutes for the Special City Council and Regular City Council Meetings of March 12,2002 as submitted. 8.f. Rejection of Claims Against City - E. Ramos, M. Shower, M. Wiswell. Action: Rejected claims. 8.g. Consideration of Progress Payment No. 1 for the Oak Park Boulevard Widening Project, City Project No. PW.oO.o1. Action: Authorized Progress Payment No. 1 in the amount of $40,950.04 to Souza Construction for work completed on the Oak Park Boulevard Widening project. 8.h. Consideration of Program Supplement Agreement for the Scenic Creekside Walk Through The Historic Village of Arroyo Grande, Phase III Project. Action: 1) Adopted Resolution No. 3583 authorizing the Mayor to execute Program Supplement Agreement No. M007; and 2) Directed the Director of Administrative Services to submit Program Supplement Agreement No. M007 and authorizing Resolution to Caltrans. 8.i. Consideration of Progress Payment No. 1 (Final), Notice of Completion, and Release of Retention for the March 2001 Storm Restoration at Rodeo Drive Project, No. 2001.04. Action: 1) Authorized Progress Payment No. 1 in the amount of $55,253.83 to Papich Construction; 2) Directed staff to file a Notice of Completion; and 3) Authorized release of retention of $6,139.31, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. 8.j. Authorization for the Lease/Purchase of Intersplro Self-Contained Breathing Apparatus (SCBA). Action: Authorized the City Manager to enter into agreement and approve the payment to Municipal Finance Corporation in the amount of $24,991 for the first of five equal annual payments for the lease-purchase of Interspiro Self Contained Breathing Apparatus (SCBA), spare bottles, and masks. u_ - - --- CITY COUNCIL MINUTES MARCH 26, 2002 PAGE 5 8.k. Authorization to Add Part-Time Senior Head Teacher for the Children In Motion Program. Action: Authorized staff to add a part-time Child Care Coordinator and authorized a change of title to Senior Head Teacher for the Children in Motion Program. AYES: Dickens, Ferrara, Runels, Lubin, Lady NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. Council Member Lubin stepped down from voting on Item 8.1. Mayor Pro Tem Runels moved and Council Member Dickens seconded the motion to approve Consent Agenda Item 8.1., with the recommended course of action: 8.1. Consideration of the EIR Consultant Selection for Rancho Grande (Tract 1998). Action: 1) Approved and authorized the Mayor to execute the Consultant Services Agreement; and 2) Approved and authorized the Mayor to execute the Applicant Agreement. AYES: Runels, Dickens, Ferrara, Lady NOES: None ABSENT: Lubin There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. Council Member Lubin returned to the dais and clarified that Tract 1998 is located approximately 476 feet from his property line and the law conceming distance of projects from real property was changed last year from 300 feet to 500 feet, therefore he is no longer able to participate with regard to this project. 9. PUBLIC HEARING None. 10. CONTINUED BUSINESS None. 11. NEW BUSINESS 11.a. Consideration of FY 2002-2003 Budget Goals and Long-Range Financial Plan, Phase II. I ~_.__.,------ ._~-_.._..- _J CITY COUNCIL MINUTES MARCH 26, 2002 PAGE 6 City Manager Adams and Financial Services Director Snodgrass gave an overview of the FY 2002-03 budget goals and an overview of Phase II of the Long-Range Financial Plan, and responded to questions from Council. Mayor Lady invited comments from those in the audience who wished to be heard on the matter. Hearing none, Mayor Lady brought the item back to Council for consideration. Council Member Ferrara moved to approve the proposed budget goals and the 10-Year Financial Plan Phase II. Council Member Lubin seconded the motion and on the following roll-call vote, to wit: AYES: Ferrara, Lubin, Dickens, Runels, Lady NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. At the request of a citizen, Mayor Lady reopened the Citizens' Input,Comments, and Suggestions portion of the Agenda. He indicated that .he. would allow, public comment this time; however, he was not setting a precedent for reopening the public comment period after it had been closed. Ella Honeycutt, 560 Oak Hill Road, responded to public comments made earlier by Mr. Page and stated that she fights issues, not people. She spoke further regarding issues involving the Referendum and pending litigation. Hearing no further public comments, Mayor Lady closed the floor to pUblic comments. 12. CITY COUNCIL REPORTS a. MAYOR MICHAEL LADY (1) South San Luis Obispo County Sanitation District (SSLOCSD). Reported on biosolids taskforce rulings; approval of a cell phone antenna on one of the tanks at the plant; and approval for incubator replacement. (2) Other. None. b. MAYOR PRO TEM THOMAS A. RUNELS (1) Zone 3 Advisory Board. Gave a status update on the Lopez Dam seismic retrofit project; adopted Zone 3 Budget for next fiscal year; and reported that the filtration process at the treatment plant was being reviewed. (2) County Water Resources Advisory Committee (WRAC). No report. (3) Other. None. ___ _J CITY COUNCIL MINUTES MARCH 26, 2002 PAGE 7 c. COUNCIL MEMBER JIM DICKENS (1) Community Recreation Center Subcommittee. In process of looking for further staff direction and discussions regarding strategy on how to proceed. Canceled meeting for next week. (2) Economic Opportunity Commission (EOC). No report. (3) South County Youth Coalition. Reminder that Arroyo Grande Police Officer lanneo is heading up the "Every 15 Minutes" program that will be conducted in May at Arroyo Grande High School to educate youth on the consequences of drinking and driving. (4) Other. Attended SLORTAlSLOCOG meetingasAltemate for Council Member Ferrara. Received presentation from the State Housing Authority representative and reported that the concems regarding State mandated housing projections were shared by all cities in the County. d. COUNCIL MEMBER TONY M. FERRARA (1) Integrated Waste Management Authority Board (IWMA). Met March 13th. Reported that at the State level. the IWMA awarded jurisdictions which had exceeded the 50% requirement for curbside recycling for the year 2000; the City, as part of the regional JPA. was included in one of 19 jurisdictions state-wide that was recognized for achieving a 52%. recycling rate. Also reported that the County's Household Hazardous Waste Program was featured in the American City and County Magazine; reported on the campaign to encourage Coke and Pepsi to use a higher level of recycled materials in their plastic bottles; commented that the City led the County in establishing a Construction and Demolition Waste Ordinance and announced that there is now Senate Bill 1374 that is going to promote a State-wide compliance for C&D Waste and the City's Ordinance would be used as a model. Finally, the City of Paso Robles wishes to joins the JPA. (2) Air Pollution Control District (APCD). Met today; it was the first official meeting for the new APCO, Larry Allen. Discussed items including the Plan to retrofit some of the diesel engines; retrofitting some of the fishing fleets; received presentation on organic and material emission standards for architectural coatings such as paint. (3) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORTA). Report given by Council Member Dickens. (4) Other. Attended League of California Cities Public Safety Policy Committee; was appointed by the Channel Counties President to be the Channel Counties representative on the Committee; discussed, reviewed and made recommendations for support or opposition of a number of public safety related legislative items; and received presentation on racial profiling having to do with law enforcement practices. -----.....-.-..... CITY COUNCIL MINUTES MARCH 26, 2002 PAGE 8 e. COUNCIL MEMBER SANDY LUBIN (1) South County Area Transit (SCAT). Postponed its meeting last week due to lack of quorum; and will meet Thursday, March 28th. Gave update on SCAT operations since contract was cancelled with STA and bus service was brought in-house. Has turned out to be more expensive than anticipated. Budget for next year to be discussed at next meeting. Indicated that service and operation in terms of repair and maintenance has increased substantially, resulting in a favorable product. (2) Economic Vitality Corporation. Meets tomorrow; Ray Johnson, Executive Officer, has been doing an outstanding job in bringing the visibility of the EVC to the forefront both locally and intemationally via expanded web services; discussed issues related to the EVC loan program; explained new policy of featuring cities and businesses in the area at the monthly meetings. (3) Other. Was contacted by SLO County YMCA Board to attend and give history of past South County participation. 13. CITY COUNCIL MEMBER ITEMS None. 14. CITY MANAGER ITEMS None. 15. COUNCIL COMMUNICATIONS Mayor Pro Tem Runels reported he had attended a meeting with regard to potential incorporation of Nipomo and reported there were citizens living in rural Arroyo Grande who were concemed about the annexation of their area into Nipomo. City Manager Adams reported that Supervisor Achadjian was organizing a meeting with those individuals and had asked somebody from the City to give an update on its Sphere of Influence plans as a result of the General Plan Update. Council Member Ferrara referred to the public comment portion of the Agenda and requested that the Council address protocol for the public comment period at a future meeting. 16. STAFF COMMUNICATIONS City Manager Adams reported the joint City Council Meeting with Lucia Mar Unified School District has been scheduled for April 30, 2002. 17. ADJOURNMENT Mayor Lady adjourned the meeting at 9:20 p.m. -- --.-- CITY COUNCIL MINUTES MARCH 26, 2002 PAGE 9 Michael A. Lady, Mayor ATTEST: Kelly Wetmore, Director of Administrative Seryicesl Deputy City Clerk , i -~- -- MINUTES SPECIAL MEETING OF THE CITY COUNCIL TUESDAY, APRIL 9, 2002 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. SPECIAL CITY COUNCIL MEETING Mayor Lady called the meeting to order at 6:30 p.m. Mayor Pro Tem Runels, Council Members Dickens, Ferrara and Lubin, City Manager Adams, City Attomey Carmel, and Community Development Director Strong were present. 2. PUBLIC COMMENT: None. 3. CLOSED SESSION: a. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION pursuant to Govemment Code Section 54956.9(b) involving one potential case. 4. CLOSED SESSION ANNOUNCEMENTS: Mayor Lady announced that there was no reportable action from the closed session. 5. ADJOURNMENT TO REGULAR CITY COUNCIL MEETING: The meeting was adjourned at 6:57 p.m. Michael A. Lady, Mayor ATTEST: Kelly Wetmore, Director of Administrative Serylcesl Deputy City Clerk - -- -~_.- MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, APRIL 9, 2002 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Lady called the Regular City Council meeting to order at 7:10 p.m. 2. ROLL CALL City Council: Council Members Dickens, Ferrara, Lubin, Mayor Pro Tem Runels and Mayor Lady were present. City Staff Present: City Manager Adams; City Attorney Carmel; Director of Administrative Services Wetmore; Chief of Police TerBorch; Senior Police Officer lanneo; Director of Building and Fire Fibich; Director of Community Development Strong; Director of Public Works Spagnolo; and Director of Parks, Recreation, & Facilities Hernandez. 3. FLAG SALUTE Wayne Dempster, representing Knights of Columbus, led the Flag Salute. 4. INVOCATION Pastor Jerry Nelson, Seventh-Day Adventist Church, Arroyo Grande, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Proclamation - Recognizing Arroyo Grande High School Students Aaron "Ash 1" Hernandez and Madeline "Madl" Peterson. Mayor Lady presented Honorary Proclamations recognizing Aaron "Ash 1" Hemandez and Madeline "Madi" Peterson for writing and recording a winning song for the "Chief Operator Teen Driver Program". Senior Police Officer lanneo accepted the proclamations on behalf of the students. 5.b. Proclamation - Recognizing April 2002 as "California Earthquake Preparedness Month" Mayor Lady presented an Honorary Proclamation recognizing April 2002 as "Califomia Earthquake Preparedness Month" and the Statewide Campaign - "Ready to Ride It Out?". Chief of Police TerBorch accepted the proclamation. 6. AGENDA REVIEW None. --,,_. ------ -----..--.-- -~--------- --...-- CITY COUNCIL MINUTES APRIL 9, 2002 PAGE 2 6.a. Resolutions and Ordinances Read in Title Only Council Member Ferrara moved,. Council Member Dickens seconded, and the motion passed unanimously that all resolutions and ordinances presented at the meeting shall be read in title only and all further reading be waived. 7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS Heather Jensen, resident of Arroyo Grande, announced that Arroyo Grande would be celebrating the 65th Annual Harvest Festival this year, which is run by. community volunteers. She stated that members of the community were needed to volunteer and invited citizens to attend a meeting on April 16, 2002 at6 pm at the South County Regional Center. Mike Liebo, Destination Imagination Coordinator, reported that a group of students from Paulding and Judkins won first place in the State Finals. He submitted a letter to the Council requesting consideration for continued support this year for the attendance at . the National Finals. The amount requested was $1,000. Patty Welsh, 1151 Pradera Court, referred to the intersection of Highway 227 and Huasna Road and spoke about the increasing traffic and the time it takes to pass through the intersection. She requested the Council take this issue under consideration when approving more development in this area. Bill McCann, 575 Crown Hill Road, aCknowledged the comments made previously about . the Harvest Festival. He displayed an aerial photograph taken in 1992 which shows the agricultural land within Arroyo Grande. He commented it would be hard to have a Harvest Festival without the harvest. Mr. McCann further clarified and corrected comments made regarding participation of CCCLA members in the General Plan Update process. Tim Brown, 125 Allen, acknowledged the accomplishments and memory of Rodney McGuire who recently passed away and announced a trust fund had been set up at Heritage Oaks Bank to assist the family. Bob Lund, 133 E. Branch, representing the Village Improvement Association, announced two upcoming workshops on April 11th and April 22nd regarding the Historic District Guidelines and encouraged attendance. Dale Gropp, 246 Walnut, reviewed the definition and criteria for determining prime soils. He reported that he had personally evaluated the soil on the Vanderveen parcel and found it to meet the criteria. Don Gullickson, 513 E. Cherry, suggested that the City cancel its street sweeping contract or develop no on-street parking on designated sweep days. He also spoke of the lack of sidewalks along Allen Street and spoke of an ordinance that required installation of sidewalks. ,"---- ---..--- ------------------- ~------ ---------- CITY COUNCIL MINUTES APRIL 9, 2002 PAGE 3 Dawn Afman, Wildflower Road, Nipomo, stated she was a soil science graduate and urged the Council to protect the City's prime soil. 8. CONSENT AGENDA Council Member Lubin moved and Council Member Ferrara seconded the motion to approve Consent Agenda Items 8.a. through 8.g., with the recommended courses of action: 8.a. Cash Disbursement Ratification. Action: Approved the listing of cash disbursements for the period March 16, 2002 through March 31, 2002. 8.b. Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of March 31,2002. 8.c. Consideration of Cash Flow Analysis/Approval of Interfund Advance from the Water Facility Fund. Action: Received and filed February 2002 Cash Report and approve the interfund advance from the Water Facility Fund to cover cash deficit in other funds at February 28, 2002. 8.d. Consideration of Acceptance of Improvements for Tract 2265. Action: Adopted Resolution No. 3584 accepting improvements for Tract 2265. 8.e. Consideration of Request for Authorization to Close City Streets and Use City Property for the Annual Strawberry Festival, May 25 & 28, 2002. Action: Adopted Resolution No. 3585 authorizing the closure of City streets and use of City property. 8.f. Consideration of Request for Authorization to Waive Application Fees and Use City Property for the March of Dimes Walk America. Action: Adopted Resolution No. 3586 authorizing the waiver of permit application fees and use of City property for the Annual March of Dimes Walk America to be held on May 4, 2002. 8.g. Consideration of an Appropriation from the Downtown Parking Fund for the Scenic Creekside Walk Through the Historic Village of Arroyo Grande, Phase III Project. Action: Appropriated $2,500.00 from the Downtown Parking Fund to be used for the design to reconfigure the Olohan Parking lot adjacent to the Scenic Creekside Walk through the Historic Village of Arroyo Grande, Phase III project. AYES: Lubin, Ferrara, Runels, Dickens, Lady NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. I I -------- - ---...--...-, __ .__J CITY COUNCIL MINUTES APRIL 9, 2002 PAGE 4 9. PUBLIC HEARING 9.a. Consideration of Appeal of the Planning Commission's Approval of Conditional Use Permit Case No. 02-004 to Allow the Operation of an Adult Day Care Facility in the Single Family Residential District for the Safe Haven Social Rehabilitation Day Program; 202 Vernon Street. Community Development Director Strong presented the staff report and responded to questions from Council. Staff recommended the Counciladopt.a.Resolution upholding the decision of the Planning Commission to approve CUP Case No. 02-004. Mayor Lady opened the Public Hearing and stated members of the public were invited to come forward to speak on the matter. The following members of the public spoke regarding the proposal to allow the operation of an adult day care facility in the Single Family .ResidentialDistrict for the Safe Haven Social Rehabilitation Day Program at 202 Vemon Street: Paul Geihs, attorney representing the appellant, 314 Pomeroy, spoke in opposition. Jill Bolster-White, Executive Director for Transitions Mental Health Association, spoke in support. BaITY Johnson, Program Director for Transitions Mental Health Association, spoke in support. Chris Clark, 562 Crown Hill, spoke in support. Aroad Soo, Valley View Adventist Academy Board President, spoke in opposition. Richard Gainer, 248 W. Branch, spoke in opposition. Dorothy Warren, 1241 Farroll Road, spoke in opposition. Dr. Bill Buckendohl, 235 Larchmont, spoke in opposition. Jaime Sanbonmatsu, 381 Rio Road, representing parents and students at Valley View Adventist Academy, spoke in opposition. Kvlie Walter Crist, 215 Garden Street, spoke in support. Kamron Walter Crist, 215 Garden Street, spoke in support. Patricia Marr, 266 W. Branch Street, spoke in opposition. Aileen Loe, Arroyo Grande resident, spoke in support. Linda Leonard, 127 S. Mason Street, spoke in support. Shelly Cochran, 200 S. Mason Street, spoke in support. Debbie White, 576 Bakeman Lane, spoke in support. Dale Wolff, Director of County Health, spoke in support. Sam Detraalia, Oceano resident, spoke in support. Jason Cocks, 1443 Deer Canyon Road, spoke in support. Dwayne Chisam, property owner of 268 and 270 W. Branch Street, spoke in opposition. Linda DeBlauw, appellant, spoke in opposition. She read into the record several letters of opposition from surrounding neighbors. Kenneth Hansen, 247 Larchmont Drive, spoke in opposition. CITY COUNCIL MINUTES APRIL 9, 2002 PAGE 5 Travis Evans, 270 Larchmont Drive, spoke in opposition. Nick Ustin, 269 Larchmont Drive, spoke in opposition. David Cross, 244 W. Branch Street, spoke in support. Ken Levine, 1425 Hillcrest Drive, spoke in support. Sara Cress, Clinical Social Worker at San Luis Obispo County General Hospital, spoke in support. Tim Beall, 1055 Craig Way, spoke in opposition. Jerry Nelson, Pastor and Board Member of Valley View Adventist Academy, spoke in opposition. JT Haas, Board Member for Transitions Mental Health Association, spoke in support. Carie Randolph, 1310 Sierra Drive, spoke in support. Derron Dike, former employee of Transitions Mental Health. Association and current Board Member for County Board of Mental Health, spoke in support. Rae Belle Gambs, President of the National Alliance for Mentally III, spoke in support. Orrin Cocks, 1457 Deer Canyon Road, spoke in support. Rebecca Crist, property owner of 202 Vemon Street, spoke in support. Dan Meidinaer, Principal of Valley View Adventist Academy, spoke in opposition. Hearing no further public comments, Mayor Lady closed the Public Hearing. Council Member Lubin spoke about his support of property rights; the issue of property values; agreed that there is a need in the community for this program; acknowledged the Association's record of safety at its previous locations; acknowledged the community's generalized fear factor; and expressed thatthere were validconcems.and some misconceptions on both sides of the issue. He expressed his main concem was that this location was too close to a school. He could not justify approving the project as proposed and supported upholding the appeal. Council Member Dickens asked staff to address the zoning issues. Community Development Director Strong stated the R-1 zone allows many non-residential uses most of which are controlled by Conditional Use Permit. He stated in this instance, he believed there was an ambiguity in the Code and a need for interpretation. He stated that he felt a large day care use for other than children should require more than administrative approval. City Attorney Carmel clarified that in the Development Code there is a list of residential uses which are permitted, not permitted, and conditionally permitted and not all potential uses are listed. He explained that large adult daycare is not listed in the Code, so the Planning Commission made the interpretation that it was similar to other conditionally permitted uses in a residential zone. He stated that the conditional use concept was to impose conditions to render a use more compatible within a residential zone. Council Member Dickens acknowledged the Planning Commission's unanimous approval of the project as a conditionally permitted use; acknowledged concems expressed by neighbors and parents of children at Valley View School; acknowledged that the applicant had received no complaints at its prior locations nor were there any CITY COUNCIL MINUTES APRIL 9, 2002 PAGE 6 calls for law enforcement; spoke about perceived impacts versus real impacts; felt that the proposed use could co-exist with the school; commented that the City has four public schools and at least seven private schools, which would make it difficult to locate elsewhere in the City away from a school; addressed the zoning issue; and stated he supported the project as conditioned. He recommended denying the appeal and upholding the Planning Commission's approval of the Conditional Use Permit application. Council Member Ferrara stated he had conducted some research on mental illness to obtain factual information in order to make a more informed decision. He reviewed some material he had obtained and then explained his view of the proposed use at the proposed location on Vernon Street. He referred to the City of Cerritos Ordinance for adult health care facilities subject to certain criteria and limitations, and in reviewing it, felt a similar ordinance should be considered by the City of Arroyo Grande. He stated his main issue is the proximity of the school to the proposed facility. He referred to volunteerism in the community and some of the offers of assistance that had been made during the public comment period. He suggested postponing the decision on the Conditional Use Permit for 30 days in order to assist the applicant in finding an alternate location in the City. Mayor Pro Tem Runels asked if staff had met with the applicant in order to identify alternative locations. Community Development Director Strong replied yes; however a specific altemate location that permits the proposed use had not been found. Mayor Pro Tem Runels stated the Association provides a valuable service to the community and he would support Council Member Ferrara's recommendation to postpone the item for 30 days in order to seek an alternate location. Mayor Lady agreed that there could be better options out there and supported continuing the item to allow staff and the Council to assist the applicant in identifying an altemate location in the City. City Manager Adams explained that subject to the applicant's approval, staff would be willing to assist the applicant in exploring alternate locations. Jill Bolster-White stated Transitions would be willing to work with staff; however, they were nervous about having to go through another public hearing process in a month should an alternate location not be found. Council Member Ferrara suggested that 45 days would be a more reasonable timeframe to find a location. Mayor Lady and Mayor Pro Tem Runels concurred. Council Member Dickens stated he did not agree with postponing this item. He stated that if another location were found, another public hearing would have to be conducted and those property owners within 300 feet would have to be notified. He stated this would place an unfair burden on Transitions; and that the City Council could not ---~-- -..------- CITY COUNCIL MINUTES APRIL 9, 2002 PAGE 7 guarantee that within 45 days a perfect location would be found that meets all the criteria and have public support. He did not support the proposal. Following further discussion regarding the process of the appeal, Council Member Ferrara moved to postpone the appeal of the Planning Commission's approval of Conditional Use Permit Case No. 02-004, Transitions Mental Health Association, 202 Vernon Street, to give an opportunity for staff to work with the applicant and members of the community to assist, as deemed appropriate, in determining an alternate site for the Transitions Center, and that this issue be reconvened with a disposition one way or the other on May 28, 2002. Mayor Pro Tem Runels seconded the motion, and on the following roll-call vote, to wit: AYES: Ferrara, Lubin, Runels, Lady NOES: Dickens ABSENT: None There being 4 AYES and 1 NO, the motion is hereby declared to be passed. 10. CONTINUED BUSINESS Council Member Lubin declared a potential conflict of interest due to real property ownership and stepped down from the dais. Council Member Ferrara stated he had submitted a written request to the Fair Political Practices Commission (FPPC) for a written opinion on whether or not he had a conflict of interest on this issue, as claimed by Castlerock Development. He reported that he received a written letter back from the FPPC indicating that they are short staffed and it would not be able to respond with a formal opinion for a long time. He stated that when he spoke informally on the phone with the FPPC, they did indicate that they did not feel he had a conflict; therefore, he would continue to participate on this matter. 10.a. Consideration of Authorization to Solicit Bids for Rancho Grande Park; Project No. PW 2002-03. Director of Parks, Recreation, and Facilities Hernandez presented the staff report and responded to questions from Council. Staff recommended the Council approve the plans and specifications for the Rancho Grande Park project, and authorize staff to solicit public construction bids for the Rancho Grande Park project. Mayor Lady invited comments from those in the audience who wished to be heard on the matter. Hearing none, Mayor Lady brought the item back to Council for consideration. Mayor Pro Tem Runels moved to approve the plans and specifications for the Rancho Grande Park project, and authorize staff to solicit public construction bids for the ------- - CITY COUNCIL MINUTES APRIL 9, 2002 PAGE 8 Rancho Grande Park project. Council Member Ferrara seconded the motion, and on the following roll-call vote, to wit: AYES: Runels, Ferrara, Dickens, Lady NOES: None ABSENT: Lubin There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. Council Member Lubin returned to the dais. 11. NEW BUSINESS 11.a. Consideration of a Resolution Consenting to the Assignment of the Solid Waste and Green Waste, and Residential Curbside and Commercial Recycling Collection Franchise Agreements to Waste Connection, Inc. City Attorney Carmel presented the staff report and responded to questions from Council. Staff recommended the Council adopt a Resolution consenting to the Assignment of the Solid Waste and Green Waste, and the Residential Curbside and Commercial Recycling Franchise Agreements to Waste Connections, Inc. Mayor Lady invited comments from those in the audience. who wished to be heard on the matter. Hearing none, Mayor Lady brought the item back to Council for consideration. Council Member Ferrara moved to adopt a Resolution Consenting to the Assignment of the Solid Waste and Green Waste, and the Residential Curbside and Commercial Recycling Franchise Agreements to Waste Connections, Inc. Council Member Dickens seconded the motion, and on the following roll-call vote, to wit: AYES: Ferrara, Dickens, Runels, Lubin, Lady NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 11.b. Consideration of Request for Authorization to Contract with RRM Design Group to Produce a Feasibility Report for Expansion of the Fire Station. Director of Building and Fire Fibich presented the staff report and responded to questions from Council. Staff recommended the Council authorize the City Manager to enter into an agreement with RRM Design Group to produce a feasibility analysis and cost estimate for expansion of the Fire Station. CITY COUNCIL MINUTES APRIL 9, 2002 PAGE 9 Mayor Lady invited comments from those in the audience who wished to be heard on the matter. Hearing none, Mayor Lady brought the item back to Council for consideration. Mayor Pro Tem Runels moved to authorize the City Manager to approve and enter into a contract for professional services related to a feasibility analysis and, cost estimate for fire Station expansion, with RRM Design Group, for an amount nottoexceed$16,000. Council Member Dickens seconded the motion, and on the following roll-ca1J vote, to wit: AYES: Runels, Dickens, Ferrara, Lubin, Lady NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 12. CITY COUNCIL MEMBER ITEMS a) Request to place on agenda for discussion changes and enforcement of City Council meeting procedures. (FERRARA) Council Member Ferrara referred to a memorandum dated March 27, 2002 that was distributed to the City Manager, Council Members, City Attorney, and Police Chief regarding City Council Meeting Protocol. He referred to language used by the San Luis Obispo County Board of Supervisor on its Board Appearance Request Form and proposed that similar language be added on the City Council Agenda that "Public comment remaries should be directed to the Chairman and the Board as a whole and not to any individual thereof. No person will be permitted to make slanderous, profane or personal remaries against any individual." Discussion ensued among the Council. The majority of the Council indicated they felt comfortable with the current policies and procedures. Council Member Ferrara suggested that if it became necessary, that the Mayor request public speakers to comply with Council policies and procedures as a whole. b) Sphere of Influence Issues. (FERRARA) Council Member Ferrara requested that the Council authorize staff to place on a future Agenda a proposed process for monitoring Nipomo incorporation efforts. There was consensus of the Council approving the request to place the issue on a future Agenda. 13. CITY MANAGER ITEMS City Manager Adams reported that the City Engineer had received Parcel Map AGAL 00-005, owned by DB&M Properties. The subject parcel is located at 520, 522, and 528 East Branch Street. This Parcel Map is the recording device for Lot Line Adjustment Case 00-005 approved by the Planning Commission on December 5, 2000. The Lot Line Adjustment and subsequent Parcel Map reconfigures 12 existing lots into 10 new ----," CITY COUNCIL MINUTES APRIL 9, 2002 PAGE 10 lots with a one-way private access road. The Planning Commission approved the name for the access road as Sterling Drive on May 18, 2001. Unless appealed, the Final Map will be approved or disapproved by the City Engineer within ten days following the date of this meeting. 14. COUNCIL COMMUNICATIONS Council Member Dickens referred to and commented on an articleinoarecent issue of WestemCity magazine entitled "Balancing Housing and Growth Pressures With Limited Resources". Council Member Dickens requested an update on the City's agreement on the management of the Arroyo Grande groundwater basin and the Santa, Maria: litigation. City Manager Adams agreed that staff would provide an update at a future meeting. Council Member Ferrara referred to correspondence that he had received from Mr. Fred Bauer regarding workforce housing and requested that staff provide feedback on the letter. 15. STAFF COMMUNICATIONS None. 16. ADJOURNMENT Mayor Lady adjourned the meeting at 12:48 a.m. Michael A. Lady, Mayor ATTEST: Kelly Wetmore, Director of Administrative Serylcesl Deputy City Clerk ------------ - - 8.e. MEMORANDUM TO: CITY COUNCIL FROM: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES~~ SUBJECT: REJECTION OF CLAIM AGAINST CITY - E. LAMBERT DATE: MAY 14, 2002 RECOMMENDATION: It is recommended the City Council reject the attached Claim for Damages against the City filed by Emmajane Lambert, c/o Jeffrey C. Locke, 7695 EI Camino Real, Atascadero. FUNDING: None. DISCUSSION: The City's insurance administrators have reviewed the claim of Emmajane Lambert and recommend it be rejected. - -----. ~"'1?4 F:ECEIVE3 CiTY r,r: AfPGYO r~,' p.,,, Next Report Due: June 6, 2002 ...... 01 C'''.';._l- 02 HAY -8 P~i: t~ A S REPORT #3 May 6, 2002 City of Arroyo Grande P.O. Box 550 Arroyo Grande, CA 93420 A TIN: Steven Adams, City Manager RE: Our Principal: City of Arroyo Grande Date of Loss: January 14, 2002 Claimant: Emmajane Lambert Our File No.: AI0605-T Dear Mr. Adams: PREVIEW: The claimant alleges to have been rear-ended by a city vehicle causing damage to her vehicle and injuries. REPLY REQUEST: ' I believe that this claim should now be rejected. If you concur, please send a Standard Rejection letter to: Emmajane Lambert % Jeffi:ey C. Locke 7695 El Camino Real Atascadero, CA 93422 Please send a copy of said rejection to the undersigned for the completion of my file. STATUS: We have now been provided with a demand in the amount of$8,500 ftom the claimant's attorney. The medical bills total $2,335. Of this amount, $2,060 is for chiropractic treatment, which started over two weeks following the accident. As indicated in my prior report, it also started after I took a recorded statement ITom the claimant in which she indicated that the only injury she suffered was to her arm and that the rest of her body was fine. She saw the chiropractor only twice after I called the attorney's office and advised his paralegal of my recorded statement and my concerns with regards to the chiropractic care. 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 - ----..-.-.- - -- ,I . " . City of Arroyo Grande Steven Adams May 6, 2002 Page Two (AI 0605- T) STATUS CONTINUED: I extended a settlement offer in the amount of$3,OOO. The response I received was that they would not accept less than $5,000. To that I indicated that if it would settle the claim then I would be willing to go to $3,500. The attorney then wrote to me and advised me that he would have his client go to small claims court instead of accepting that offer. It is his position that the treatment was reasonable and that his client did not realize that the neck problems were the cause ofhis client's arm problems. CLAIM STATUS: Claim Status Reserves ABI-Emmajane Lambert . Open Loss $5,000.00 Expense $1,000.00 APD-Emmajane Lambert Closed Loss $5,500.00 COMMENT: I shall now place my file on diary to June 6, 2002 awaiting receipt of the Standard Rejection Letter. Very truly yours, CARL WARREN & Co. ~ b Pat Tumbarello, AlC, CPCU ---------- - o:~~~. 't'I. :r.. (-wi!:IIL City of Arroyo Grande ~ ~ 'r,) CLAIM FOR DAMAGES bt...j\.4/ TO PERSON OR PROPERTY (/,+-:~~ nESEiVED ~ . CITY OF f\f\HDYO r~. . '-,'- File with: J RESERVE FOR FILING STAMP CITY CLERK'S OFFICE Claim No. ~~1 02 J"l117 PI! 3: 06 214 East Branch street ~. 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 eccident. 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 , j of Claimant 'd Nam~y Claimant. . Occupation of Cla~nt r/??/7? 'a",~ ~17'1.","", /. ~r,,-, nlp/ ~~ Home Addr s of Claimant City/State Home Telephone Number c?:557J C,,~--a <./#S"c;. ()~ ?~<;"--7'f?/~<7'7'-/3 Business Address of Claimant city/State Business Telephone Number Give address and telephone number to Claimant's Social which you desire notices or communica- Security Number tions to be sent regarding this claim: / ~~ "3 <J ~-s'~ ~ci '-.:Se't m ~ When d AGE or INJURY occur? _Names of any city ,employees Date I <J:;>- Time ~,3-. -":3'''''' involved in INJURY or DAMAGE If c aim is for Equitable ~ / Indemnity, give date claimant ~ 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 and address an~ measurements from land~s 't . 1 ~ A1&-~,k- ; ./Is h P',.., So' ~ ~-=-- ~F"' Describe in detail how the DAMAGE or INJURY 9ccur~eQ. L. .. _ L/ \S'h,...>~ ~~-" -4 -1-"",...",/ ""il7...f-~'" /-r~ /;/I-,(nn> b e--hi /I "L. Why do you claim the city is responsible? --r- I.,../- i" -/-d-- ;-e-~ yW.v,> 11 Describe in detail each INJURY or DAMAGE ~~~ I r$aU:: /# dfaH- c<>,..~/~ ~_.. F no 5'f-+/, /1hi CJr Sl~ 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......$ /1.1 11.2- Future expenses for medical Expenses for medical and hospital care.....$ ~v~ and hospital care.......$~ Future loss of , Loss of earnings........$ ~~~ earnings. . . . . . . . . . . . . . $ ~""..-,../ Special damages for -' other prospective specia ....................... .$ 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 by pOlice? '/--- If so, what city: Were paramedics or ambulance A/I If so, name city or ambulance ___ If injured, state date, time, name and 'address of doctor of your first visit ,c-I,b'~ a.-';-:- a<_,/,~' '7 u~ WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name Address Phone Name /' Address Phone Name ./ Address Phone ; DOCTORS and HOSPITALS: ..-0:~dress Hospital 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 nAu 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 acoident by "A- 1" and location of yourself or your vehicle at the time of the accident by "B-1" and the poInt of impact by "X.1t NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. L SlOe:: cunB ~ ~ rv-c.4::- cuno r^AKWAY SIDEWALI( I I Signature of Claimant or person Typed Name: Date: filing on behalf giving ~tionShiP to C19imant: ~ ' ;( &::. ~ ../ fr>rnJ~ NOTE: CLhIMS MUST BE FILED WITH CITY CLERK (Gov. Code Sec. 915a). Presentation of a false claim is a felony (Pen. Code Sec. 72). . - - --. -...----- .....---- ADMINISTRATIVE SERVICES P.O. Box SS0 214 East Branch Street Arroyo Grande, CA 93421 Phone: (80~) 473-S414 FAX: (SOS) 473-038~ E.MsII: qclty~arroyop'ande.org May 5, 2002 Emmajane Lambert cio Jeffrey C. Locke 7695 El Camino Real Atascadero, CA 93422 REJECTION OF CLAIM PRESENTED WITHIN SIX MONTHS Notice is hereby given that the claim you presented to the City Council of the City of Arroyo Grande on January 17, 2002 was rejected on March 26, 2002. WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the United States mail to file a Court Action in a Municipal or a Superior Court of the State of California on this claim (See Government Code Section 945.6). You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. Kelly. Wetmore Director of Administrative Services c: City Manager City Attorney Cad Warren & Co. 8.f. MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGERJ;f- SUBJECT: CONSIDERATION OF APPOINTMENTS TO TRAFFIC COMMISSION AND SENIOR ADVISORY COMMISSION DATE: MAY 14, 2002 RECOMMENDATION: It is recommended the City Council approve: . Council Member Dickens' appointment of Larry Rohloff to the Traffic Commission, replacing L. George Tappan; and, . Council Member Dickens' appointment of Craig Kaiser to the Senior Advisory Commission, replacing Jean Hubbard. FUNDING: There is no fiscal impact. DISCUSSION: On January 14, 1997, the City Council adopted Ordinance No. 481 amending the composition of applicable Commissions and Boards from seven to five members and also adopted Resolution No. 3192 establishing Council policy as it relates to the appointment procedure to the Boards and Commissions. The Ordinance states that the Mayor and each respective member of the Council shall appoint a representative to the various Commissions and Boards subject to the approval by a majority vote of the Council. All Commission and Board members serve at the pleasure of the Council. Council Member Dickens' appointment to the Traffic Commission, L. George Tappan, has submitted his resignation. Council Member Dickens is recommending the Council approve the appointment of Larry Rohloff to the Traffic Commission, replacing Mr. Tappan. In addition, Council Member Dickens' appointment to the Senior Advisory Commission, Jean Hubbard, has submitted her resignation. Council Member Dickens is recommending the Council approve the appointment of Craig Kaiser to the Senior Advisory Commission, replacing Ms. Hubbard. .'-- -. CITY OF ARROYO GRANDE RESERVOIR OF CITIZENS TO SERVE Planning Commission i\'f:-O , , " ~ /;. ,;:::Ci t;t] X Parks and Recreation Commission 02 r:?fI25 P;i 3: 08 Years Lived In Arroyo Grande 20 Traffic Commission Senior Advisory Commission Registered Voter of Arroyo Grande Architectural Review Committee Yes X No Special Committees (Long Range Planning Committee, etc.) NAME J...ARp..y G. "Ko H LtJ FF HOME /~il 5/l~:R~A ~IV~ 473-~'3~ ADDRESS PHONE PRESENT EMPLOYER '5e L.F EM Pt...O Y EED POSITION Gill I.. E NG/ tJ~~ BUSINESS ADDRESS cg --p,E'f::>jDr;~c.E:. PHONE 70S-1104 EDUCATIONAL BACKGROUND Hi h School CoW. Sr]{J~ Colle e /II SA:> STATe: U /j-'VEF-$1 ADDITIONAL EDUCATIONAL iNFORMATION t:;'RADlJAr& eLA"f:6es COMMUNiTY AND CIVIC iNTERESTS F()lV"'~~ P,07i4NA^,{A'0,aUJ~ ~ A/..AK HA~CK Co ~Hc.J N 1"1'( 1?ItJJ'P 0'P.H~{lJ..p The City Council would like to have the names of three (3) Arroyo Grande References: J:iAMj; ADDRESS I 1. /... ~AlD~VI:EP- 7?~ M'IAILE A.C;. I '3rAAJ TKE:PA 1154- I&tRP 11)/)M/5 IN. A,G:. I 2. , I 3. J-J. .MANKINS 2...00 !/,Ll(!RgsT DR. A,s, j OT/fG/Z.5 /JpolJ 1'.w:Qt9eSr ARE YOU WILLING TO SERVE ON THE COMMISSION/COMMITTEE MEETING TIMES SHOWN BELOW: I Planning Commission, First and Third Tuesday of each month, 7:00 PM Yes_ NCL.- Parks and Recreation Commission, Second Wednesday of each month, 6:30 PM YeL-No_ Traffic Commission, the day (Monday) before the third Tuesday of each month, 7:00 PM Yes.X..No~ , Senior Advisory Commission, First Wednesday of each month, 3:00 PM Yes-No_ I 1 Architectural Review Committee First Monday of each month, 3:15 PM Ye~o_ Special Committee (Long Range Planning Comml ee, t ) Meeting dates vary YeL-No.-- I ! Signature ; i I The Arroyo Grande City. Council requests inform about your Interest (and education, If applicable), In serving on a I commission or committee, specifically your comments and views relative to the role and responsibilities of the Planning i Commission, Parks and Recreation Commission, Traffic Commission, Senior Advisory Commission, Architectural Review , Committee or a Special Committee. Please note such Information on the reverse side of this form. Thank you for your , interest. THIS FORM IS A MATTER OF PUBLIC RECORD IF APPOINTED. COMPLETION OF A STATE CONFLICT OF INTEREST FORM 15 REQUIRED {!, ~~JiiY\ 1Y.~LtId-5~J- 04102101 ~ ..- CITY OF ARROYO GRANDE RESERVOIR OF CITIZENS TO SERVE Planning Commission . , Parks and Recreation Commission . pc> _, "'.' . Traffic Commission Years LlveJJi? ~rr'oY~GF~t.db~ ~ 1. Senior Advisory Commission Registered Voter of Arroyo Grande Architectural Review Committee Yes X No _ Special Committees (Long Range Planning Committee, etc.) NAME (\ _K.t<\\I" L. \-<,,~ \.:;~;..? HOME L 12 ~ ~ q~~D ADDRESS~b t>>0b\>~~ 'K \:<.~D'{to> ')RA~bR^ PHONE ~9>l-~'l~ . f {\ PRESENT EMPLOYER K~-r\.H~ ~ POSITIO~f:..':>,4...:.l' ,c..L ~<'.~9 BUSINESS ADDRESS PHONE EDUCATIONAL BACKGROUND High School -r;:;~'DA~\>~ \-\ .4, (;). 0 College J~<1A..0<::;' AO()0/0 COMMUNITY AND CIVIC INTERESTS {\_l~K\4~ t1~~~e.~~ 0"")I_'l~~~ ~II..\Q. Q..~, ~s.~(>"e~~ \)1">\\.J"...,~tl;:? '0'_"'~"""R '''';;';;''~Q~~c\~~d (."~'> ~ \..\lJQ.'\?,.b. ~" .-J-- ./l Y';).~l\~~c;, " c;\L~~ l~(';' '~;<;::"M~ "~A.~~_ f_CJtft:?,(ct'-!) ; \""\1" \A ~l~\?.:;;UJ.~s(' The City Council would like to have the names of three (3) Arroyo Grande References: I ;::';!I.Q\\.i1.~\;. ~,~ NAME ADDRESS 1. \)A~L\>o.- \ f)~"?.-A\-"" ~-::'~\l.(:;ol') I .1.~9. \~r->~f-:>\>Q-.:v"K/\\~\:l.i"'>\r 0"~'~0G.. ~D : ~~~~:::~~~=~l1":l\:~~:~ ~~::~ ~~ ARE YOU WILLING TO SERVE ON THE COMMISSION/COMMITTEE MEETING TIMES SHOWN BELOW: Planning Commission, First and Third Tuesday of each month, 7:00 PM Yes_ NCL- Parks and Recreation Commission, Second Wednesday of each month, 6:30 PM YelL-No- Traffic Commission, the day (Monday) before the third Tuesday of each month, 7:00 PM YeIL-No~ Senior Advisory Commission, First Wednesday of each month, 3:00 PM Yes~No_ Architectural Review Committee First Monday of each month, 3:15 PM YelL.....J'jo_ Special Commit ees (Long Ra e Plann g Committee, etc.) Meeting dates vary YelL-No.-- , Signature D e The Arroyo Grande City Cou cil requests information about your interest (and education, If applicable), in serving on a commission or committee, speciflcaily your comments and views relative to the role and responsibilities of the Planning Commission, Parks and Recreation Commission, Traffic Commission, Senior Advisory Commission, Architectural Review Committee or a Special Committee. Please note such Information on the reverse side of this form. Thank you for your Interest .o;;tte. 'RE:J:::.~~ <l~. xTHIS FORM IS A MATTER OF PUBLIC RECORD () IF AP~. COMPLETION OF A STATE CONFLICT OF INTEREST FORM IS REQUIRED I e: \...~ k J \ IV\. D i'cPU-1W/ . . . . .. 04/02101 J _ ...._.4/q/r,"L . .___._ . 8_g_ MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGE~ ~./ SUBJECT: CONSIDERATION OF SUPPORT FOR THE. LOCAL COALITION EFFORT DATE: MAY 14, 2002 RECOMMENDATION: It is recommended City Council approve City participation as a supporter of the "LOCAL" Coalition. FUNDING: There is no projected cost impact at this time. DISCUSSION: The League of California Cities has taken the lead in forming the "LOCAL" (Leave Our Community Assets Local) Coalition. The effort is a statewide coalition dedicated to protect funding for essential services, such as police, fire, public health and emergency services, as State lawmakers seek to resolve the State budget crisis. The coalition is a means of reaching out beyond City officials, to include law enforcement, health care, business, labor, and community groups, in an effort to protect our local resources and programs. Attached is a Statement of Principles provided by the Coalition organizers. No funding contribution is necessary. Approval by the City Council only establishes an endorsement of the effort and inclusion in the Coalition's activities. As a League of California Cities' member, the City has already been involved in this overall program. AL TERNA TlVES: The following alternatives are provided for the Council's consideration: - Approve participation in the LOCAL Coalition; - Do not approve participation in the LOCAL Coalition; - Provide staff direction. Attachments: 1. LOCAL Statement of Principles ___n__n__ --~ /. . ''41;:', 11111111111 '?;~ ;~; ~ ~." I......~'r -......' T LEAVE OUR COMMUNITY ASSETS LocAL .1; Dedicated to Protecting Funding for Police, Fire, Health and other Essential LOCAL Services STATEMENT OF PRINCIPLES Leave our Community Assets Local (LOCAL Coalition) has united around the growing imperative to protect our local services by protecting local government revenues. The LOCAL Coalition win be actively involved in this year's budget process to ensure that funding for essential local services is not compromised. Following are some key principles that will guide the coalition: 1. Essential Local Services Should Not Be Sacrificed to Solve State Budget Problems. Police and fire protection. Emergency medical services. Hospital trauma care. Public health services. Road repair and maintenance. Clean drinking water. Parks. Libraries. Senior Services. These are just a few of the important local services that are provided by local govemments in California. But now, these services could be in jeopardy as state lawmakers seek to balance the state budget. Sacrifices will be necessary to help close the budget gap, but our local services have been sacrificed enough. State lawmakers should avoid taking revenues away from the local services we all rely on. 2. Local Taxes and Fees Paid by Local Residents Should Stay in the Community to Fund Local Services. Already, a large portion of taxes paid by local residents is used to fund state-COntrolled programs. Only a small portion of these revenues is left under local control to fund essential services such as fire, police and health services. These limited, locally controlled revenues should not be diverted to fix the state's budget crisis. 3. Local Governments and Local Revenues are Already Part of the State Budget Solution. Since 1992, the last time the State incurred a major budget deficit, tens of billions of doHars have been diverted from local governments to the state - now totaling nearly $5 Billion annually. Since that time, the funding for essential local services, including police, fire, hospital and public health services, has been stretched thin while demand for these services has increased. Our local services cannot withstand further cuts. 4. State Government Should Balance the Budget Without Taking More Money Away from Local Communities. The Coalition is opposing measures that would take any more of our local funds away from police, fire, emergency medical and other important local services. The coalition believes the state should balance the budget... ./ Without cuttinG essential local services by taking local revenues or shifting revenues from one local government to the other. ./ Without mandatina additional programs or services on local governments without reimbursing them for the costs. ./ Without imDosina more of the financial responsibility on cities, counties or special districts for the cost of programs jointly funded by the state and local governments. Cuts in certain joint programs may be necessary. But the state should avoid any "cost-shifting' that increases the local revenues required. ---- ---~ -- _....._~ I.h. N!EMORANDUM TO: . CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER h SUBJECT: CONSIDERATION OF ACCEPTANCE OF IMPROVEMENTS FOR CUP 98-567, VILLAGE CENTRE DATE: MAY 14, 2002 RECOMMENDATION: It is recommended the Council adopt the Resolution accepting public improvements constructed for CUP 98-567, Village Centre. FUNDING: There is no immediate fiscal impact. Maintenance of these facilities will be funded from Public Works maintenance funds in future years. DISCUSSION: The Village Center is located on the northeast corner of East Branch and Wesley Street. On October 5, 2000 the developer of the Village Centre project entered into a Development Improvement Agreement with the City in order to obtain occupancy prior to the completion of all required improvements. The agreement was prepared in accordance with Development Code Section 16.68.070. As a condition of the Development Improvement Agreement, the improvements are subject to a one year warranty period, which does not begin until the improvements are accepted by the City Council. In the event that the improvements are damaged during the one year warranty period, the developer will be required to repair the damaged improvements. The developer has submitted a warranty bond to the City equal to 10% of the estimated costs to complete the improvements. Staff inspected the improvements and determined that they have been completed in accordance with the approved plans. ALTERNATIVES: 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. Attachment: Exhibit 1 - Location Map of Village Centre _._------~- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING IMPROVEMENTS RELATED TO CUP 98-567 VILLAGE CENTRE WHEREAS, the Planning Commission approved CUP 98-567 on September 1, 2000; and, WHEREAS, the developer has constructed the improvements required by CUP 98-567 conditions of approval; and, WHEREAS, the developer has constructed the improvements required by the Development Improvement Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby accept the public improvements constructed for CUP 98-567: On motion of Council Member , seconded by Council Member , and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of 2002. I I . . - -- 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 ~ -- -- - - .~._- ~- -. ..-- 11.8. MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER~ SUBJECT: CONSIDERATION OF MODIFICATION OF AFFORDABLE HOUSING DEED RESTRICTION ON THE PROPERTY AT 266 ASPEN STREET DATE: MAY 14, 2002 RECOMMENDATION: It is recommended the City Council approve the proposed modification to the existing affordable housing deed restriction on the property at 266 Aspen Street and authorize the City Manager to execute an Affordable Housing Agreement, Agreement and Promissory Note secured by Deed of Trust, and Deed of Trust substantially in the form attached hereto, and take all steps necessary to enable transfer of the property to a qualified buyer. FUNDING: There is no projected cost impact at this time. DISCUSSION: Parcel 2 of Parcel Map No. AG 95-068 was created in 1995 as part of a "density bonus" approved by the City that required the developer to commit the unit to affordable housing for a minimum of 30 years, secured by a deed restriction. The property is now for sale and has an agreed upon qualified buyer. However, the qualified buyer wanting to purchase the property has been unable to secure a loan due to the existing deed restriction language. Since the deed restriction was first put in place, banks and mortgage companies have become concerned about the ability to sell a loan to the secondary market with a deed restriction that does not provide for an exception in the event of foreclosure. Staff has contacted a number of other jurisdictions, the City's Redevelopment Agency consultant, bank representatives and the San Luis Obispo Housing Authority. All have confirmed this difficulty with the existing deed language. Statrs research has indicated that accepted restrictions on affordable housing projects provide some ability for the lending institution to convert the units to market rate in the event of a foreclosure. In order to provide some level of protection to the community against the loss in the supply of affordable housing, staff recommends instituting terms and conditions generally used by the City and County of San Luis Obispo to address similar problems. .--- --_.--_.~-_._.- -- j CITY COUNCIL MODIFICATION OF AFFORDABLE HOUSING DEED RESTRICTION MAY 14, 2002 PAGE 2 First of all, the attached Deed of Trust includes a "first right of refusal" to both the City of Arroyo Grande and San Luis Obispo Housing Authority to acquire the property for the balance of the loan within ninety (90) days if the borrower defaults. This would provide an opportunity to the City or Housing Authority to resell the property as an affordable unit. Secondly, the recommended conditions include City shared equity through the second Deed of Trust for the difference between the affordable housing mortgage and the actual market value, which would become due and payable if the unit is sold to a non- qualified buyer for more than the mortgage amount. If the City and Housing Authority chose not to acquire and resell the property, this would enable the City to recover the equity on the unit if it was sold without the affordable housing restriction and apply those funds to another affordable housing project. In order to accomplish this transaction and allow transfer of the property to a qualified buyer, it is recommended the Council approve the proposed modification to the existing deed restriction and authorize the City Manager to execute the Affordable Housing Agreement, Agreement and Promissory Note secured by Deed of Trust, and Deed of Trust substantially in the form attached hereto and take all necessary steps to enable transfer of the property to a qualified buyer. AL TERNA TIVES: The following alternatives are provided for the Council's consideration: - Approve the modification to the deed restriction; - Modify and approve the modification to the deed restriction; - Do not approve the modification to the deed restriction; - Provide staff direction. Attachments: 1. Existing Amended Restriction Agreement 2. Proposed Affordable Housing Agreement 3. Proposed Agreement and Promissory Note 4. Proposed Deed of Trust - ..----. -~ -oynIS SIgJlJ.tute ?n the instrument the person, or the entity upon behalf of which , mstrulpent. acted, executed the WITNESS my hand and officia1 seal. [SEA!,] Attachment 2 RECORDING REQUESTED BY: City of Arroyo Grande WHEN RECORDED MAIL TO: City of Arroyo Grande 214 East Branch Street P. O. Box 550 Arroyo Grande, CA 93421 AFFORDABLE HOUSING AGREEMENT THIS AGREEMENT is made and entered into this _ day of , 2002, by and between the CITY OF ARROYO GRANDE (the "City") and MATTHEW G. MAURER and JOANNE A. MAURER (collectively referred to as the "Owner"), collectively referred to as "the Parties." RECITALS A. .Owner is the owner of certain real property described as Parcel 2 of Parcel. Map AG 95-068 in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to the Map filed November 6, 1996, in Book 52, Page 25 of Parcel Maps (referred to as the "Subject Property"); and B. There exists a dwelling unit on the Subject Property which the City of Arroyo Grande requires to be designed as a low to moderate income housing unit pursuant to Arroyo Grande Planning Commission Resolution No. 95-1539; and C. Owner's predecessor in interest, Arloma Corporation, entered into a Restriction Agreement dated October 11, 1996, recorded as Document No. 1996-057177 on November 6,1996, which was modified by an Amended Restriction Agreement dated October 30, 1997, recorded as Document No. 1997-068842 on December 5, 1997; and C. Owner desires to amend said Amended Restriction Agreement in its entirety and replace it with this Affordable Housing Agreement to assure that the Subject Property remains affordable to low or moderate income households for a period of at least thirty(30) years. NOW, THEREFORE, the parties acknowledge and agree as follows: ARTICLE 1. DEFINITIONS 1.01. "Moderate income households" means persons and families whose income does not exceed 120 percent of the County of San Luis Obispo area median income, adjusted for family size pursuant to the City of Arroyo Grande Affordable Housing Standards. 1.02. "Low income households" means persons and families whose income does not exceed 80 percent of the County of San Luis Obispo area median income, adjusted for family size pursuant to the City of Arroyo Grande Affordable Housing Standards. 1.03 Persons and families meeting the definition under Sections 1.01 and 1.02 shall be referred to as "eligible households." 1.04 The "Subject Property" shall mean the specific real property described in this Agreement, intended to be sold to and occupied by eligible households. ARTICLE 2. RESTRICTIONS 2.01. The Subject Property shall be used for owner-occupied housing purposes and be sold to eligible Iow or moderate income households only, and the sales pdces shall be based on and consistent with then current City of Arroyo Grande Affordable Housing Standards. 2.02. The grant deed from Owner, or Owner's successors in interest and all future grant deeds for or transfers of interest in the Subject Property shall contain a restriction providing that for the pedod of time specified in this Agreement, there shall be no sale, lease, rental, or other transfer of the Subject Property except for the sale to and occupation by eligible Iow or moderate income households. Any sale, lease, rental, or other transfer of the Subject Property in violation of this covenant shall be void. 2.03. The Owner agrees to retain the Housing Authority of the City of San Luis Obispo ("Housing Authority"), or other qualified entity acceptable to the City, for screening of potential buyers to determine if they qualify as eligible households. 2.04. These affordability requirements shall be covenants running with the Subject Property as defined in California Civil Code Section 1460. Pursuant to Civil Code Section 1468, which govems such covenants, the provisions of this Agreement shall be binding upon all parties having any dght, title, or interest in any of the Subject Property described herein, or any portion thereof and on their heirs, successors in interest and assigns for a pedod of 30 years from the date of this Agreement. The parties agree that all future deeds or transfers of interest regarding the Subject Property shall show the restrictions of this Agreement for as long as the Agreement is in effect. 2.05. When the Subject Property is sold to an eligible buyer, the buyer and City shall enter into an agreement and promissory note secured by a recorded deed of trust. Said agreement and deed of trust shall establish the monetary difference between the allowable purchase price and the appraised value as a loan payable to the City. Said loan shall accrue interest, compounded annually, at an annual rate equal to 4.5 points added to the 11 th District Cost of Funds as currently published by the Federal Home Loan Bank Board, amortized over 30 years, and the monthly payments of principal and interest shall be waived by the City as long as the owner previously approved by the Housing Authority as an eligible household, or subsequent buyers approved by the Housing Authority as eligible households, continue to own and reside in the Subject Property, subject to the City loan, as his or her principal residence. 2.06. If the Subject Property is sold, leased, or otherwise transferred to an entity other than to an eligible household, in violation of this Agreement, the City's loan shall immediately become due and payable from the proceeds of sale of the Subject Property. .Proceeds of sale" shall mean the value of any and all consideration, however denominated, received or to be received by the seller from the sale of the Subject Property after the payment of the first deed of trust. 2.07. Upon resale, the City or the Housing Authority shall have the first right of refusal to purchase the Subject Property at current appraised value. The consideration for the City's right of first refusal shall consist of 1 percent of the remaining City loan balance. The balance of the City loan remaining after deducting this 1 percent of the loan balance shall be credited toward the purchase price if the City chooses to exercise the purchase option. The provisions of this section shall not impair the rights of a first mortgage lender secured by a recorded deed of trust. The purchase money lender shall have a higher priority than the City's loan. The City's security shall be prioritized as a second mortgage. This first priority applies to the purchase money lender's assignee or successor in interest, to: (i) Foreclose on the Subject Property pursuant to the remedies permitted by law and written in a recorded contract or deed of trust; or (ii) Accept a deed of trust or assignment to the extent of the value of the unpaid first mortgage to the current market value in lieu of foreclosure in the event of default by a trustor; or (Iii) Sell the Subject Property to any person at a fair market value price subsequent to exercising its rights under the deed of trust. Any value in excess of the unpaid mortgage and costs of sale administration shall be used to satisfy the City loan. In no case may a first mortgage lender, exercising foreclosure assignment in-lieu of foreclosure or sale, obtain value or rights to value greater than the value of the outstanding indebtedness on the first mortgage at the time of the debt clearing action. In addition, the following types of transfers shall remain subject to the requirements of the City's loan and right of first refusal: transfer by gift, devise, or inheritance to the I owner's spouse; transfer to a surviving joint tenant; transfer to a spouse as part of divorce or dissolution proceedings; or acquisition in conjunction with a marriage. ARTICLE 3. GENERAL 3.01. Notices required to be sent to the City hereunder shall be sent by certified mail, return receipt requested, to the following address: City of Arroyo Grande Community Development Director 214 East Branch Street P. O. Box 550 Arroyo Grande, CA 93421 3.02. The Owner hereby specifically acknowledges and agrees to be bound by the covenants respecting afford ability on the Subject Property contained herein. 3.03 This Agreement is intended to and shall replace the Amended Restriction Agreement in its entirety. IN WITNESS WHEREOF, this Agreement has been duly executed by the undersigned as of the date set forth below. . MATTHEW G. MAURER DATE JOANNE A. MAURER DATE CITY: STEVEN ADAMS, City Manager APPROVED AS TO FORM AND LEGAL EFFECT: TIMOTHY J. CARMEL, City Attorney -- ------- ~..~-- ---- - STATE OF CALIFORNIA ) )SS COUNTY OF SAN LUIS OBISPO ) On before me, , personally appeared . personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/ their authorized capacity(ies) and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (The above area for official notarial seal) Signature Attachment 3 RETURN TO: Director of Administrative Services . City of Arroyo Grande 214 East Branch Street P.O. Box 550 Arroyo Grande, CA 93421 AGREEMENT AND PROMISSORY NOTE SECURED BY DEED OF TRUST $ Date: , At , California . FOR VALUE RECEIVED, JOSHUA BLAIR and JAYDEN BLAIR (collectively "Maker") promise to pay to the order of the CITY OF ARROYO GRANDE ("City'') at 214 East Branch Street, Arroyo Grande, California 93421, or such other address as City may from time to time designate, the sum of Dollars ($ ), according to the terms set forth herein. This Note shall accrue interest, compounded annually, at an annual rate of 4.5 percentage points added to the 11th District Cost of F1)Ilds, as published by the Federal Home Loan Bank Board, amortized over thirty (30) years. The Loan shall be amortized over thirty (30) years, with monthly payments of principal and interest due and payable to the City on the first day of each month unless waived or forgiven, as set forth below. 1. Security for Note. This Note is secured by a deed of trust of even date herewith (the "Deed of Trust") executed by Maker, as Trustor, and naming City as Beneficiary, covering certain real property ("the Property") owned by Maker in the County of San Luis Obispo, State of California, which Property is described in Exhibit A, attached hereto. 2. IncorDoration of Affordable Housin!! A!!reement. This Note and the Deed of Trust are executed and delivered pursuant to that certain "Affordable Housing Agreement" ("Housing Agreement") recorded in the County of San Luis Obispo on , 2002, between City and MATTHEW G. MAURER and JOANNE A. MAURER regarding affordable housing requirements applying to the property. Pursuant to the Housing Agreement, Maker is to live at the Property. Consequently, this Note is subject to section 711.5 of the California Civil Code, which grants to City the authority to accelerate all amounts due under this Note if any subsequent transfer of the Property at any time does not comply with the provisions of the Housing I Agreement or Deed of Trust. The Housing Agreement is incorporated herein by this reference as though set forth in its entirety and attached hereto as Exhibit B. 3. Citv's Rieht of First Refusal. Upon resale, the City or the Housing Authority of the City of San Luis Obispo shall have the first right of refusal to purchase the Property at then current appraised value. The consideration for the City's right of first refusal shall consist of one percent (I %) of the remaining City loan balance. The balance of the City loan remaining after deducting this one percent (1 %) of the loan balance shall be credited toward the purchase price if the City chooses to exercise the purchase option. The provisions of this section shall not impair the rights of a first mortgage lender secured by a recorded deed of trust. The purchase money lender shall have a higher priority than the City's loan. The City's security shall be prioritized as a second mortgage. This first priority applies to the purchase money lender's assignee or successor in interest, to: a. Foreclose on the Property pursuant to the remedies pennitted by law and written in a recorded contract or deed of trust; or b. Accept a deed of trust or assignment to the extent of the value of the unpaid first mortgage to the current market value in lieu of foreclosure in the event of default by a trustor; or c. Sell the Property to any person at a fair market value price subsequent to exercising its rights under the deed of trust. Any value in excess of the unpaid mortgage and costs of sale administration shall be used to satisfy the City loan. In no case may a first mortgage lender, exercising foreclosure assignment in-lieu of foreclosure or sale, obtain value or rights to value greater than the value of the outstanding indebtedness on the first mortgage at the time of the debt clearing action. The following types of transfers shall remain subject to the requirements of the City's loan and right of first refusal: transfer by gift, devise, or inheritance to the owner's spouse; transfer to a surviving joint tenant; transfer to a spouse as part of divorce or dissolution proceedings; or acquisition in conjunction with a marriage. 4. Due on Transfer. In the event Maker sells, leases, rents or othelWise transfers the Property to any person or entity other than an "eligible household" (as such term is defined in the Housing Agreement), then the Principal of and accrued interest on the Loan shall be immediately due and payable to the City as set forth in the Deed of Trust in favor of City recorded simultaneously herewith as a second deed of trust subordinate to the deed of trust of the first mortgage lender on the Property. 5. Waiver of Principal and Interest. City waives timely payment of the Principal of and interest on the Loan for such time as Maker, or subsequent buyer determined by City or the Housing Authority to be an eligible household, remains as the owner and occupant of the Property as Maker's principal residence until ,2032. 2 - 6. Forl!:iveness of Loan. City will forgive the repayment of the outstanding Principal of the Loan and all interest thereon as long as Maker, or subsequent buyer detennined by City or the Housing Authority to be an eligible household, remains as the owner and occupant of the Property as Maker's principal residence until ,2032. 7. PreDavment. This Note may be prepaid in whole or in part. 8. Payment. The amount due under this Note shall be paid without the necessity for notice or demand by City. 9. Payment Amount. The amount due under this Note shall be paid from the net proceeds as a result of any transfer. Net proceeds is the sales price minus any loans or liens that are senior to this Note and minus closing costs. 10. Default Defined. In addition to other defaults referred to in this Note and the Deed of Trust, it shall be a default under this Note if Maker fails to make any'payment or perfonn any obligation under or in connection with (a) this Note, (b) the Deed of Trust, or (c) any other note, trust deed or other obligation of Maker relating to the Property, including but not limited to the Housing Agreement, or secured by all or any part of the Property, whether junior or senior to this Note, and if such failure is not cured within such time as may be pennitted by the obligation or the obligee. 11. ODtions of Citv UDon Default. Upon the occurrence of a default, City shall have the option, without further notice or demand: a. To declare the Note to be immediately due and payable; b. If the default relates to a transfer of the Property, to bring an action at law or in equity to require Maker and the proposed transferee to tenninate and/or rescind the sales contract or lease and/or to declare the transfer void, notwithstanding that the transfer may have closed and become fmal as between Maker and the transferee; or c. To pursue any other remedy available under this Note or the Deed of Trust, or at law or in equity or under any other agreement, instrument or document entered into by Maker and City, including but not limited to the Housing Agreement. 12. Failure to Exercise ODtions. Failure to exercise any such option upon the occurrence of one or more events of default shall not constitute a waiver of City's right to exercise any such option at a later time. 13. Costs of Enforcement and Collection. If Maker defaults under this Note, Maker shall pay all costs of enforcement and collection, including, but not limited to, costs and attorney's fees, including reasonable attorney's fees, whether or not such enforcement or collection includes filing a lawsuit or prosecution of a lawsuit, if filed. 3 14. City's Right to Transfer Interest in Note. City and any subsequent holder of this Note may at any time, without consent of Maker, sell, assign, pledge, hypothecate, transfer and negotiate or grant participation in any part of or any interest in City's rights and benefits under this Note to another governmental body or nonprofit organization which is eligible to receive such transfer under state and federal law. 15. Waiver of Notice and Statute of Limitations. Except for any notice expressly required by this Note, Maker waives demand, notice of demand, presentation for payment, notice of non- payment or dishonor, protest and notice of protest. To the fullest extent permitted by law, Maker waives the defense of the statute of limitations in any action on this Note or to recover on the security for this Note. 16. Liability. City's acceptance of any payment under this Note which is less than payment in full of all amounts then due and payable, or the granting of any extension of time for payment of any amount due under this Note or for the performance of any covenant, condition or agreement entered into by Maker and City, or City's grant of any other indulgence to Maker, or City's taking or release of other or additional security for the indebtedness evidenced hereby, or any other modification or amendment of this Note shall in no way release or discharge the liability of Maker or any endorser, guarantor or other person secondarily liable for this Note. 17. Governing Law. This Note shall be governed by the laws of the State of California. Maker agrees that the site of any hearing or action of whatever nature or kind regarding this Note shall be conducted in the County of San Luis Obispo, State of California. 18. Severability. If any provision of this Note or any application of such provision be declared by a court to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other application of such provision or the balance of the provisions hereof, which shall, to the fullest extent possible, remain in full force and effect. Joshua Blair Jayden Blair CITY: Steven Adams, City Manager 4 APPROVED AS TO FORM AND LEGAL EFFECT: Timothy J. Carmel, City Attorney 5 i - I -. EXHIBIT "A" DESCRIPTION OF REAL PROPERTY Parcel 2 of Parcel Map AG 95-068 in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to the Map filed November 6, 1996, in Book 52, Page 25 of Parcel Maps. Attachment 4 REQUESTED BY AND WHEN RECORDED RETURN TO: City of Arroyo Grande 214 East Branch Street P. O. Box 550 Arroyo Grande, CA 93421 Attn: Community Development Director Recorded for the Benefit of the City of Arroyo Grande at No Fee Under Section 6103 of the Government Code The undersigned declare that there is no documentary transfer tax on this matter. PURCHASE MONEY DEED OF TRUST, DEED OF TRUST COVENANTS, ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FILING THIS PURCHASE MONEY DEED OF TRUST, DEED OF TRUST COVENANTS, ASSIGN- MENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FILING (this "Deed ofTrust") is made as of this day of ,2002, by JOSHUA BLAIR and JAYDEN BLAIR, the owners of the real property described hereinbelow, whose address is: 266 Aspen Street, Arroyo Grande, California 93420 (collectively "Trustor" to) ("Trustee") in favor of the CITY OF ARROYO GRANDE, a municipal corporation, whose address is 214 East Branch Street, Arroyo Grande, California ("Beneficiary"). WHEREAS, on ,2002, Beneficiary and MATTHEW G. MAURER and JOANNE A. MAURER entered into an Affordable Housing Agreement ("Housing Agreement"); and WHEREAS, to implementsaid Affordable Housing Agreement, Beneficiary and Trustor entered into that certain Agreement and Promissory Note ("Note") dated ,2002, pursuant to which Trustor agreed to certain restrictions on the sale or transfer of that certain real property located in the County of San Luis Obispo, State of California, which is further described in Exhibit "A" (the "Real Property" or "Property") attached hereto; and WHEREAS, Beneficiary and Trustor desire to ensure that the Real Property remain affordable to low or moderate-income persons for a period of not less than 30 years, pursuant to the Housing Agreement. NOW, THEREFORE, THIS DEED OF TRUST WITNESSETH: Trustor, in consideration of the indebtedness referred to below and the trust herein created, irrevocably grants, conveys, transfers and assigns to Trustee, and its successors and assigns, in trust, with power of sale and right of entry and possession, all of Trustor's estate, right, title and interest in, to and under the Real Property; TOGETHER WITH all structures and improvements now existing or hereafter erected on the Real Property, all easements, rights and appurtenances thereto or used in connection therewith, all rents, royalties, issues, profits, revenues, income and other benefits thereof or arising ftom the use or enjoyment of all or any portion thereof (subject, however, to the right, power and authority given herein to Trustor to collect and apply such rents, royalties, issues, profits, revenues, income and other benefits prior to an Event of Default hereunder), all interests in and rights, royalties and profits in connection with all minerals, oil and gas and other hydrocarbon substances thereon or therein, development rights or credits, air rights, water, water rights (whether riparian, appropriative or otherwise and whether or not appurtenant) and water stock, all intangible property and rights relating to the Real Property or the operation thereof or used in connection therewith, including, without limitation, trade names and trademarks and all furniture and fixtures, now or hereafter located in, or on, or attached or affixed to, or used or intended to be used in connection with, the Real Property, including, but without limitation, all heating, lighting, laundry, incinerating, gas, electric and power equipment, pipes, plumbing, fire prevention and fire extinguishing, remgerating, ventilating and communication apparatus, air cooling and air conditioning apparatus, shades, aWnings, blinds, curtains, drapes, attached floor coverings, including rugs and carpeting and other installed appliances, attached cabinets, trees, plants and other items of landscaping, shall, to the fullest extent pennitted by law and for the purposes of this Deed of Trust, be deemed to be part and parcel of, and appropriated to the use of, the Real Property and, whether or not affixed or annexed thereto, be deemed conclusively to be real property and conveyed by this Deed of Trust, and Trustor agrees to execute and deliver, from time to time, such further instruments and documents as may be required by Beneficiary to confmn the lien of this Deed of Trust on any of the foregoing; TOGETHER WITH all of the estate, interest, right, title, other claim or demand which Trustor now has or may hereafter acquire in any and all awards made for the taking by eminent domain, or by any proceeding or purchase in lieu thereof, of the whole or any part of the Property (as hereinafter defined), including, without limitation, any awards resulting ftom a change of grade of streets and awards for severance damages; TOGETHER WITH all of the estate, interest, right, title and other claim or demand which Trustor now has or may hereafter acquire with respect to the unearned premiums accrued, accruing or to accrue and the proceeds of insurance in effect with respect to all or any part of the foregoing. All of the foregoing property referred to in this Deed of Trust, together with the Real Property, is herein referred to as the "Property." 2 ARTICLE 1. PURPOSE AND CONSIDERATION This trust deed is established for the purpose of securing, in such order of priority as Beneficiary may elect: (a) The repayment of the indebtedness evidenced by Trustor's Agreement and Promissory Note (the "Note") of even date herewith payable to the order of Beneficiary, In the principal sum of Dollars ($ ) ("Principal"), and any and all late charges, costs or fees required thereunder and all extensions, renewals, modifications, amendments and replacements thereof. The amount of the Note is the monetary difference between said property's sales price, as allowed by the City's Affordable Housing Standards and its market vl!lue, as detennined by City's Community Development Director based on sales infonnation for comparable market rate units provided by Trustee. (b) The payment of all other sums which may be advanced by or otherwise be due to Trustee or Beneficiary under any provision of this Deed of Trust with interest (if any) thereon at the rate provided herein or therein. (c) Perfonnance of all covenants of Trustor made in this Deed of Trust. (d) Perfonnance of all obligations and conditions of the Housing Agreement. ARTICLE 2. DEED COVENANTS To protect the security of this Deed of Trust, Trustor and Trustee hereby covenant and agree as follows: SECTION 2.01. Restrictions on Use and Occupancy. The Real Property shall be used solely for owner-occupied housing and occupied solely by low or moderate income households, as defined in the Housing Agreement. SECTION 2.02. Restrictions on Sale. The Real Property shall be sold or otherwise transferred only to eligible households, as defined herein, or to the City, the Housing Authority of the City of San Luis Obispo ("Housing Authority"), or to a non-profit housing agency designated by City. Sales prices shall be based on and consistent with the Affordable Housing Standards published by the City's Community Development Department. SECTION 2.03. Term or Use, Occupancy and Sale Restrictions. Trustor agrees that the above restrictions to the use, occupancy and sale of the Real Property shall remain in effect for a period of not less than thirty (30) years fi:om the date of the Housing Agreement. Further, Trustor agrees that all future grant deeds for or transfers of interest in the Property shall contain a restriction providing that for the period of time specified in this deed of trust, there shall be no sale, lease, rental, or other transfer of the Property except for the sale to and occupation by 3 eligible low or moderate income households. Any sale, lease, rental, or other transfer of the Property in violation ofthis covenant shall be void, as provided below. SECTION 2.04. Determination of Eligibility. Trustor and Trustee agree to retain the Housing Authority or other qualified entity acceptable to the City, to determine whether prospective buyers qualify as eligible households as defined in the City's Affordable Housing Standards. SECTION 2.05. Covenants Binding. These affordability requirements shall be covenants running with the land as defined in California Civil Code Section 1460, and shall apply to the Real Property as further described on Exhibit "A." Pursuant to Civil Code Section 1468, which governs such covenants, the provisions of this Agreement shall be binding upon all parties having any right, title, or interest in the Property described herein, or any portion thereof and on their heirs, successors in interest and assigns for a period of thirty (30) years ITom the date of the Housing Agreement. The parties agree that all future deeds or transfers of interest regarding the Property shall show the restrictions of this Agreement for as long as the Agreement is in effect. SECTION 2.06. First Right of Refusal. Upon resale, Trustor and Trustee agree that the Beneficiary or the Housing Authority shall have the first right of refusal to purchase the Property at the then current appraised value, as further described in the Note. SECTION 2.07. Performance of Obligations Secured. Trustor shall promptly pay when due the indebtedness evidenced by the Note and any late charges, costs and/or fees provided for in the Note and shall further perform fully and in a timely manner all other obligations of Trustor contained herein or in the Note. ARTICLE 3 - INSURANCE REOUlREMENTS SECTION 3.01. Trustor shall keep the Property and all improvements thereon insured against loss or damage by fire with extended all-risk coverage clauses, including vandalism and malicious mischief clauses, in an amount not less than one hundred percent (100%) of the full replacement cost of such improvements with a company or companies and in such form and with such endorsements as may be approved or required by Beneficiary. SECTION 3.02. Trustor shall also maintain in full force and effect a policy of homeowners' general liability insurance insuring Trustor against liability for bodily injury, property damage and personal injury arising out of the operation, use or occupancy of the Property. The initial amount of such insurance shall be One Hundred Thousand Dollars ($100,000.00) per occurrence and not in the aggregate and shall be subject to periodic increase based upon increased liability awards or the reasonable recommendation of Trustor's professional insurance advisor. Trustor shall name Beneficiary as an additional insured under such policy. Such insurance shall be primary with respect to any insurance maintained by Beneficiary and shall not call on Beneficiary's insurance for contributions. SECTION 3.03. Trustor. shall pay all premiums for the insurance policies required to be maintained under this Deed of Trust within fifteen (15) days after Trustor's receipt of a copy of 4 ) the premium statement or other evidence of the amount due. At least thirty (30) days prior to the expiration of such policy, Trustor shall deliver to Beneficiary a renewal of such policy. SECTION 3.04. Any insurance which Trustor is required to maintain under this Deed of Trust shall include a provision requiring that the insurance carrier give Beneficiary not less than thirty (30) days written notice prior to any cancellation or modification of such coverage. If Trustor (i) fails to deliver any policy or renewal to Beneficiary required under this Deed of Trust within the prescribed time period or (ii) if any such policy is canceled or modified to reduce the amount or type of coverage without Beneficiary's consent and no substituted comparable coverage is obtained by Trustor prior to such cancellation or modification, Beneficiary may obtain such insurance. In such case, Trustor shall reimburse Beneficiary for the cost of such insurance within fifteen (15) days after receipt of a statement that indicates the cost of such insurance and upon proof that Beneficiary has paid said statement. SECTION 3.05. Trustor shall maintain all insurance required under this Deed of Trust with companies holding a "general policy rating" of A-8 or better, as set forth in the most current issue of "Best Key Rating Guide." Trustor acknowledges that the insurance described in this Section is for the primary benefit of Beneficiary. Beneficiary makes no representation as to the.adequacy of such insurance to protect Trustor's or Beneficiary's interests. Therefore, Trustor shall obtain any additional property or liability insurance that Trustor deems necessary to protect Beneficiary and Trustor, in the exercise of reasonable judgment. SECTION 3.06. Notwithstanding anything to the contrary contained herein, Trustor's obligation to carry the insurance provided for herein may be brought within the coverage of a so-called blanket policy or policies of insurance carried and maintained by Trustor; provided, however, that Beneficiary shall be named as an additional insured thereunder and that the coverage afforded Beneficiary will not be reduced or diminished by reason of the use of such blanket policy of insurance and provided further that the requirements set forth herein are otherwise satisfied. SECTION 3.07. All of the above-mentioned insurance policies or certificates of insurance must be satisfactory to Beneficiary. Beneficiary shall not by the fact of approving, disapproving, accepting, preventing, obtaining or failing to obtain any insurance, incur any liability for or with respect to the amount of insurance carried, the form or legal sufficiency of insurance contracts, insolvency of insurance companies or payment or defense of lawsuits and Trustor hereby expressly assumes full responsibility therefor and all liability, if any, with respect thereto. SECTION 3.08. Condemnation and Insurance Proceeds. Subsection 3.08(a). Any award of damages in connection with any taking or condemnation, or for injury to the Property by reason of public use, or for damages for private trespass or entry onto the Property is hereby assigned and shall be paid to Beneficiary as further security for all obligations secured by this Deed of Trust. Upon receipt of such proceeds, Beneficiary may hold the proceeds as further security or apply or release them in the same manner and with the same effect as provided in this Deed of Trust for the disposition of proceeds of fire or other insurance. 5 ! I Subsection 3.08(b). Any insurance proceeds or awards in connection with any casualty or damage or injury to the Property covered by insurance ("Insurance Proceeds") are hereby assigned to Beneficiary to be held and applied by Beneficiary in the manner hereinafter provided. Beneficiary may, at its option, and at its own expense, appear in and prosecute in its own name any action or proceeding to enforce any cause of action for such Insurance Proceeds. All Insurance Proceeds shall be applied by Beneficiary upon any indebtedness secured by this Deed of Trust and in any order determined by Beneficiary or, at the option of Beneficiary, the entire amount so collected or any part of that amount may be released to Trustor. This application or release shall not cure or waive any default or notice of default under this Deed of Trust or invalidate any act done pursuant to such notice. Subsection 3.08(c). Trustor, immediately upon obtaining knowledge of the institution of any proceedings relating to condemnation or other taking of or damage or injury to the Property or any portion thereof, or knowledge of any casualty damage to the Property or damage in any other manner, shall immediately notify Beneficiary in writing. Beneficiary may participate, at its own expense, in any such proceedings and may join Trustor in adjusting any loss covered by insurance. ARTICLE 4. TAXES, LIENS AND OTHER ITEMS Trustor shail pay, when due, all taxes, bonds, assessments, fees, liens (including prior trust deed liens), charges, fines, impositions and any and ail other items which are attributable to or affect the Property and which may attain a priority over this Deed of Trust or the indebtedness or evidence of indebtedness secured hereby, by making payment prior to delinquency directly to the payee thereof. Trustor may initiate proceedings to contest any such taxes, bonds, assessments, fees, liens, charges, fines, impositions or other items so long as Trustor takes steps to ensure that Beneficiary's security is not threatened in any manner. Trustor shail pay all costs of the proceedings, including any costs or fees incurred by Beneficiary. Upon the finai det,~ ruination of any proceeding or contest, Trustor shall immediately pay the amounts due, together with all costs, charges, interest and penalties incidentai to the proceedings. ARTICLE 5. RENTS AND PROFITS Trustor acknowledges and agrees that the Property shail at all times be occupied by the Trustor as the Trustor's primary residence and shail not be leased or rented during the term of the Note and this Deed of Trust. Notwithstanding the foregoing, any rents, royalties, issues, profits, revenue, income and other benefits of the Property arising from the use and enjoyment of all or any portion thereof or from any lease or agreement pertaining thereto (the "Rents and Profits"), whether now due, past due, or to become due, and including all prepaid rents and security deposits, are hereby absolutely, presently and unconditionally assigned, transferred, conveyed and set over to Beneficiary to be applied by Beneficiary in the payment of the principal and all other sums payable on the Note and of all other sums payable under this Deed of Trust. It is understood and agreed that neither the foregoing assignment of Rents and Profits to Beneficiary 6 nor the exercise by Beneficiary of any of its rights or remedies under Article 5 hereof shall be deemed to defeat the owner-occupied restriction set forth in the Agreement or to make Beneficiary a mortgagee-in-possession or otherwise responsible or liable in any manner with respect to the Property or the use, occupancy, enjoyment or operation of all or any portion thereof, unless and until Beneficiary, in person or by agent, assumes actual possession thereof. Further, the appointment of a receiver for the Property by any court at the request of Beneficiary or by agreement with Trustor, or the entering into possession of the Property or any part thereof by such receiver, shall not be deemed to make Beneficiary a mortgagee-in-possession or otherwise responsible or liable in any manner with respect to the Property or the use, occupancy, enjoyment or operation of all or any portion thereof. ARTICLE 6. PRESERVATION AND MAINTENANCE OF PROPERTY Trustor shall keep the Property and every part thereof in good condition and repair and shall not penclt or commit any waste, impainnent or deterioration of the Property nor commit, suffer or pennit any act upon or use of the Property in violation of law or applicable order of any governmental authority, whether now existing or hereafter enacted and whether foreseen or unforeseen, including, without limitation, violation of any zoning, building or environmental protection statutes, ordinances, regulations, orders and restrictions or in violation of any covenants, conditions or restrictions affecting the Property or bring or keep any article upon any of the Property or cause or penclt any condition to exist thereon which would be prohibited by or could invalidate any insurance coverage maintained or required hereunder to be J;D.aintained by Trustor on or with respect to any part of the Property and further shall do all other acts which from the character or use of the Property may be reasonably necessary to protect the security hereof, the specific enumerations herein not excluding the general. Trustor shall complete and restore and repair promptly and in a good and workmanlike manner any building, structure or improvement thereon which may be damaged or destroyed and pay, when due, all claims for labor perfonned and materials furnished therefor, whether or not insurance or other proceeds are available to cover, in whole or in part, the costs of any such restoration or repair. Trustor shall notify Beneficiary immediately in writing of any damage to the Property in excess of Ten Thousand Dollars ($10,000.00). ARTICLE 7. PROTECTION OF SECURITY: COSTS AND EXPENSES Trustor shall appear in and defend any action or proceeding pwporting to affect the security hereof or the rights or powers of Beneficiary or Trustee and shall pay all reasonable costs and expenses, including, without limitation, costs of evidence of title and reasonable attorney's fees, in any such action or proceeding in which Beneficiary or Trustee niay appear and in any suit brought by Beneficiary to foreclose this Deed of Trust or to enforce or establish any other rights or remedies of Beneficiary hereunder. If Trustor fails to perfonn any of the covenants or agreements in this Deed of Trust or if any action or proceeding is commenced which affects Beneficiary's interest in the Property or any part thereof, including, but not limited to, eminent domain, code enforcement or proceedings of any nature whatsoever under any federal or state law, whether now existing or hereafter enacted or amended, relating to bankruptcy, insolvency, arrangement, reorganization or other fonn of debtor relief, or to a decedent, then Beneficiary or 7 I I Trustee may, but without obligation to do so and upon ten (10) days' prior written notice to and demand upon Trustor (unless a shorter notice period is necessary to protect Beneficiary's interest in the security hereof, in which case only reasonable notice and demand under the circumstances shall be required) and without releasing Trustor from any obligation hereunder, make such appearances, disburse such sums and take such action as Beneficiary or Trustee deems necessary or appropriate to protect Beneficiary's interest, including, but not limited to, disbursement of reasonable attorney's fees, entry upon the Property to make repairs or otherwise protect the security hereof, and payment, purchase, contest or compromise of any encumbrance, charge or lien which in the judgment of either Beneficiary or Trustee appear to be prior or superior hereto. Trustor further agrees to pay all reasonable expenses of Beneficiary (including fees and disbursements of counsel) reasonably related to the protection of the rights of Beneficiary hereunder, and enforcement or collection of payment of the Note, whether by judicial or non-judicial proceedings, or in connection with any bankruptcy, insolvency, arrangement, reorganization or other debtor relief proceeding of Trustor, or otherwise. Beneficiary shall give Trustor ten (10) days' prior written notice before disbursing any amounts pursuant to this Article. Any amounts disbursed by Beneficiary or Trustee pursuant to this Section shall be additional indebtedness of Trustor secured by this Deed of Trust as of the date of disbursement. All such amounts shall be payable by Trustor immediately without demand. Nothing contained herein shall be construed to require Beneficiary or Trustee to incur any expense, make any appearance or take any other action. ARTICLE 8. ENFORCEMENT SECTION 8.01. Acknowledgement of Enforceability. Trustor represents, warrants, covenants and agrees that it is the lawful owner of the Real Property and that it has good right and lawful authority to encumber the same as provided herein; that the Real Property is free from any and all liens and encumbrances excepting only such as have been approved by Beneficiary and that Trustor warrants and will defend the title to the Property against all claims and demands whatsoever not specifically excepted herein (and except for claims and demands arising from acts or omissions of Beneficiary or any predecessor-in-interest to Beneficiary not previously disclosed to Trustor), and Trustor will execute, acknowledge and deliver all and every such further assurances unto Beneficiary of the title to the Property hereby conveyed and intended so to be or that Trustor may be or shall become hereinafter bound so to do. Trustor covenants and warrants that the Note and this Deed of Trust are valid and enforceable obligations of Trustor in accordance with the tenns thereof and hereof; and that this Deed of Trust does not, nor does the Note, nor does the perfonnance or observance by Trustor of any of the matters or things in the Note or this Deed of Trust, contravene any covenant in any indenture or agreement affecting Trustor. SECTION 8.02. Due on Sale and Other Enforcement Provisions. Trustor's agreement to ensure the continued owner occupancy of the Real Property is a substantial material consideration to Beneficiary and Beneficiary's agreement to accept the Note and to accept this Deed of Trust. In accordance with California Civil Code Section 711.5 and in order to induce Beneficiary to accept this Deed of Trust and the Note, Trustor agrees that Trustor shall not Transfer all or any part of the Property without the prior written consent of Beneficiary. Except for a Transfer to a Eligible I 8 I Household (as defined in the City of Arroyo Grande's Affordable Housing Standards), Beneficiary may grant or deny such consent in its sole and absolute discretion and as a condition to such consent may require any transferee to assume all obligations hereunder and to agree to be bound by all provisions contained herein. In the event of any proposed Transfer, Trustor shall provide Beneficiary with all financial and other infonnation pertaining to the intended transferee reasonably requested by Beneficiary. In the event of any Transfer without the prior written consent of Beneficiary, Beneficiary shall have the absolute right, at its option, without demand or notice, to declare all outstanding Principal and all other sums due hereunder and under the Note to be immediately due and payable. Further, Beneficiary may bring an action at law or in equity to require Trustor and the proposed transferee to terminate and/or rescind any sales contract or purchase and sale transaction between them and/or to declare the transfer void, notwithstanding that the transfer may have closed and become final as between Trustor and the transferee. Further, Beneficiary may pursue any other remedy available under this Deed of Trust or the Note or at law or in equity or under any other agreement, instrument or document entered into by Trustor and Beneficiary. Beneficiary's consent to one Transfer shall not be deemed to be a waiver of the right to require consent to a future or successive Transfer. As used herein, "Transfer" includes any sale, agreement to sell, assignment, exchange or other conveyance of the Property or any portion thereof or any interest therein, whether voluntary or involuntary, by operation of law or otherwise, except that a Transfer by gift, devise or inheritance to a spouse or to a spouse as a part of a dissolution proceeding shall not be considered a Transfer for purposes ofthis Section. ARTICLE 9. EVENTS OF DEFAULT Each of the following shall constitute an event of default ("Event of Default") hereunder (including, if Trustor and Trustee consists of more than one person or entity, the occurrence of any of such events with respect to anyone or more of such persons or entities): SECTION 9.01. Breach of Covenants. Default by Trustor in the perfonnance of any of the covenants or agreements of Trustor contained herein, in the Note, in the Housing Agreement or any other note or instrument, trust deed or other obligation of Trustor relating to the Property secured by any part of or all of the Property, whether junior or senior to this Deed of Trust. SECTION 9.02. Appointment of Trustee. The appoil).tment pursuant to an order of a court of competent jurisdiction, of a trustee, receiver or liquidator of the Property or any part thereof, or of Trustor, or any tennination or voluntary suspension of the transaction of business of Trustor, or any attaclunent, execution or other judicial seizure of all or any substantial portion of Trustor's assets; provided, however, that if such attaclunent, execution or seizure is involuntary, Trustor shall not be deemed in default unless the same is not discharged within sixty (60) days. SECTION 9.03. Bankruptcy Filing. The filing by or against Trustor of a petition in bankruptcy or for an arrangement or for reorganization or for other fonn of debtor relief pursuant to the federal Bankruptcy Act, as the same may be amended or replaced from time to time, or any other law, federal or state, whether now existing or hereafter amended or enacted relating to insolvency or debtor relief (except that in the case of a filing against Trustor, an Event of Default shall not " 9 , I exist unless Trustor fails to have the proceeding discharged within sixty (60) days after such filing), or the adjudication of Trustor as a bankrupt or an insolvent by a decree of a court of competent jurisdiction, or the making of an assignment for the benefit of creditors, or the admission by Trustor in writing of its inability to pay its debts generally as they become due, or the giving of consent by Trustor to the appointment of a receiver or receivers of all or substantially all of its property. SECTION 9.04. Misrepresentations. Any representation .or disclosure made to Beneficiary by Trustor as an inducement to the making of the loan evidenced by the Note that proves to be false or misleading in any material respect as of the time the same was made, whether or not any such representation or disclosure appears as part of this Deed of Trust. SECTION 9.05. Other Events. Any other event which, under this Deed of Trust, or under the Note or the Agreement, constitutes an Event of Default by Trustor hereunder or thereunder or gives Beneficiary the right to accelerate the maturity of the indebtedness, or any part thereof, secured hereby. ARTICLE 10. REMEDIES Upon the occurrence of any Event of Default and the expiration of any applicable period within which to cure the same, Trustee and Beneficiary shall have the following rights and remedies: SECTION 10.01. Acceleration. Beneficiary may declare the entire outstanding Principal and all other sums or payments required hereunder to be due and payable immediately and notwith- standing the date such sums would otherwise be due in accordance with the Note and the Agreement. SECTION 10.02. Entry. Whether or not Beneficiary exercises the right provided in Section 10.01 above, Beneficiary, in person or by agent or court-appointed receiver, may enter upon, take pos- session of, manage and operate the Property or any part thereof and do all things necessary or appropriate in Beneficiary's sole discretion in connection therewith, including, without limitation, making and enforcing, and if the same be subject to modification or cancellation, modifYing or canceling leases upon such terms or conditions as Beneficiary deems proper, obtaining and evicting tenants, and fixing or modifying rents, contracting for and making repairs and alterations, and doing any and all other acts which Beneficiary deems proper to protect the security hereof; and either with or without so taking possession, in its own name, in the name of Trustor or by court-appointed receiver (which may be appointed on notice or on ex parte application without notice), suing for or otherwise collecting and receiving the rents and profits, including those past due and unpaid, and applying the same less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby and in such order as Beneficiary may determine. Upon request of Beneficiary, Trustor shall assemble and make available to Beneficiary at the site of the Real Property any of the Property which has been removed therefrom. The entering upon and taking possession of the Property, or any part thereof, the collection of any rents and profits and the application thereof as aforesaid shall not cure or waive any Event of Default theretofore or thereafter occurring or affect any notice or 10 Event of Default or notice, and, notwithstanding continuance in possession of the Property or any part thereof by Beneficiary, Trustor or a receiver, and the collection, receipt and application of the rents and profits, Beneficiary shall be entitled to exercise every right provided for in this Deed of Trust or by law or in equity upon or after the occurrence of an Event of Default, including, without limitation, the right to exercise the power of sale. Any of the actions referred to in this Section may be taken by Beneficiary irrespective of whether any notice of an Event of Default or election to sell has been given hereunder and without regard to the adequacy of the security for the indebtedness hereby secured. SECTION 10.03. Judicial Action. Beneficiary may bring an action in any court of competent jurisdiction to foreclose this Deed of Trust or to enforce any of the covenants and agreements of this Deed of Trust, or the Note and the Housing Agreement. SECTION 10.04. Power of Sale. Subsection 10.04(a). Beneficiary may elect to cause the Property or any part thereof to be sold under the power of sale herein granted in any manner pennitted by applicable law. In connection with any sale or sales hereunder, Beneficiary may elect to treat any of the Property that consists of a right in action or that is property that can be severed from the Real Property or any improvements thereon without causing structural damage thereto as if the same were personal property and dispose of the same in accordance with applicable law, separate and apart from the sale of the Real Property. Subsection 10.04(b). Trustee may, and upon request of Beneficiary shall, from time to time, postpone any sale hereunder by public announcement thereof at the time and place noticed therefor. If the Property consists of several items of property, Beneficiary may designate- the order in which such items shall be offered for sale or sold. Any person, including Trustor, Trustee or Beneficiary, may purchase at any sale hereunder, and Beneficiary shall have the right to purchase at any sale hereunder by crediting upon the bid price the amount of all or any part of the indebtedness hereby secured. Subsection 10.04(c). Should Beneficiary desire that more than one sale or other disposition of the Property be conducted, Beneficiary may, at its option, cause the same to be conducted simultaneously, or successively, on the same day, or at such different days or times and in such order as Beneficiary may deem to be in its best interests, and no such sale shall terminate or otherwise affect the lien of this Deed of Trust on any part of the Property not sold until all indebtedness secured hereby has been fully paid. Upon any sale hereunder, Trustee shall execute and deliver to the purchaser or purchasers a deed or deeds conveying the Property so sold, but without any covenant or warranty whatsoever, express or implied, whereupon such purchaser or purchasers shall be let into immediate possession; and the recitals in any such deed or deeds of facts, such as default, the giving of notice of default and notice of sale and other facts affecting the regularity or validity of such sale or disposition, shall be conclusive proof of the truth of such facts and any such deed or deeds shall be conclusive against all persons as to such facts recited therein. , 11 i , , I Subsection 10.04(d). In case of any sale of the Property pursuant to any judgment or decree of any court or at public auction or otherwise in connection with the enforcement of any of the tenns of this Deed of Trust, Beneficiary, its successors or assigns, may become the purchaser, and for the purpose of making settlement for or payment of the purchase price, shall be entitled to deliver over and use the Note, together with all other swns, with interest, advanced and unpaid hereunder, in order that there may be credited as paid on the purchase price the swn then due under the Note, including principal thereon and all other swns, with interest, advanced and unpaid hereunder. SECTION 10.05. Proceeds of Sale. The proceeds of any sale made under or by virtue of this Article, together with all other swns that then may be held by Trustee or Beneficiary under this Deed of Trust, whether under the provisions of this Article or otherwise, shall be applied as follows: (a) First, to the payment of the costs and expenses of sale and of any judicial proceedings wherein the same may be made, including reasonable compensation to Trustee and Beneficiary, their agents and counsel, and to the payment of all expenses, liabilities and advances made or incurred by Trustee under this Deed of Trust, together with interest on all advances made by Trustee at the maximwn rate pennitted by law to be charged by Trustee. (b) Second, to the payment of any and all swns expended by Beneficiary under the tenns hereof (including, but not limited to, swns paid by Beneficiary on the prior trust deed) not then repaid and all other swns required to be paid by Trustor pursuant to any provisions of this Deed of Trust or the Note, including, without limitation, all expenses, liabilities and advances made or incurred by Beneficiary under this Deed of Trust or in connection with the enforcement hereof, together with interest thereon as herein provided. (c) Third, to the payment of the entire amount then due, owing or unpaid upon the Note, including attorney's fees and costs. (d) Fourth, all amounts otherwise due Beneficiary. (e) The remainder, if any, to the person or persons legally entitled thereto. SECTION 10.06. Waiver of Marshaling. Trustor, for itself and for all persons hereafter claiming through or under it or who may at any time hereafter become holders of liens junior to the lien of this Deed of Trust, hereby expressly waives and releases all rights to direct the order in which any of the Property shall be sold in the event of any sale or sales pursuant hereto, and to have any of the Property and/or other property now or hereafter constituted security for any of the indebt- edness secured hereby, marshaled upon any foreclosure of this Deed of Trust or for any other security for any of said indebtedness. I 12 SECTION 10.07. Remedies Cumulative. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. No delay or omission of Trustee or Beneficiary to exercise any right or power accruing upon any Event of Default shall impair any right or power or shall be construed to be a waiver of any Event of Default or any acquiescence therein; and every power and remedy given by this Deed of Trust to Trustee or Beneficiary may be exercised uom time to time as often as may be deemed expedient by Trustee or Beneficiary. If there exists additional security for the performance of the obligations secured hereby, the holder of the Note, at its sole option, and without limiting or affecting any of its rights or remedies hereunder, may exercise any of the rights and remedies to which it may be entitled hereunder either concurrently with whatever rights and remedies it may have in connection with such other security or in such order as it may detenmne. AJty application of any amounts or any portion thereof held by Beneficiary at any item as additional security hereunder, whether pursuant to this deed of trust or otherwise, to any indebtedness secured hereby shall not extend or postpone the due dates of any payments due uom Trustor to Beneficiary hereunder or under the Note, or change the amounts of any such payments or otherwise be construed to cure or waive any default or notice of default hereunder or invalidate any act done pursuant to any such default or notice. In the event that Beneficiary shall have proceeded to enforce any right under this Deed of Trust by foreclosure, sale, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason or shall have been deteImined adversely, then, and in every such case, Trustor and Beneficiary shall be restored to their former positions and rights hereunder with respect to the Property subject to the lien hereof. ARTICLE 11. MISCELLANEOUS SECTION 11.01. Severability. In the event that anyone or more of the provisions contained in this Deed of Trust shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Deed of Trust, and this Deed of Trust shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. i i SECTION 11.02. Certain Charges. Trustor agrees to pay the charges of Beneficiary for any I I service rendered Trustor, or on its behalf,connected with this Deed of Trust or the indebtedness secured hereby, including, without limitation, delivering to an escrow holder a request for full or partial reconveyance of this Deed of Trust, transmitting to an escrow holder moneys secured hereby, changing the records pertaining to this Deed of Trust and indebtedness secured hereby, showing a new owner of the Property and replacing an existing policy of insurance held hereunder with another such policy. SECTION 11.03. Notices. All notices expressly provided hereunder to be given by Beneficiary to Trustor and all notices and demands of any kind or nature whatsoever that Trustor may be required or may desire to give to 01' serve on Beneficiary shall be in writing and shall be served by first class or registered or certified mail, return receipt requested. AJty such notice or demand 13 , ! so served shall be deposited in the United States mail, with postage thereon fully prepaid and addressed to the party so to be served at its address above stated or at such other address of which said party shall have theretofore notified in writing, as provided above, the party giving such notice. Service of any such notice or demand so made shall be deemed effective on the date of actual delivery as shown by the addressee's return receipt or the expiration of forty-eight (48) hours after the date of mailing, whichever is the earlier in time, except that service of any notice of default or notice of sale provided or required by law shall, if mailed, be deemed effective on the date of mailing. SECTION 12.04. Trustor Not Released. Extension of the time for payment or modification of the tenns of payment of any sums secured by this Deed of Tmst granted by Beneficiary to any successor-in-interest of Tmstor shall not operate to release, in any manner, the liability of the original Tmstor. Beneficiary shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify the tenns of the payment of the sums secured by this Deed of Tmst by reason of any demand made by the original Tmstor. Without affecting the liability of any person, including Tmstor, for the payment of any indebtedness secured hereby, or the lien of this Deed of Tmst on the remainder of the Property for the full amount of any such indebtedness and liability unpaid, Beneficiary and Tmstee are respectively empowered as follows: Beneficiary may from time to time and without notice (a) release any person liable for the payment of any of the indebtedness, (b). extend the time or otherwise alter the tenns of payment of any of the indebtedness, (c) accept additional real or personal property of an kind as security therefor, whether evidenced by deeds of trust, mortgages, security agreements or any other instTuments of security, or (d) alter, .substitute or release any property securing the indebtedness; Tmstee may, at any time and from time to time, upon the written request of Beneficiary (a) consent to the making of any map or plat of the Property or any part thereof, (b) join in granting any easement or creating any restriction thereon, (c) join in any subordination agreement or other agreement affecting this Deed of Tmst or the lien or charge hereof, or (d) reconvey, without any waITanty, all or part of the Property. SECTION 12.05. Inspection. Beneficiary may at any reasonable time or times make or cause to be made entry upon and inspections of the Property or any part thereof in person or by agent. SECTION 12.06. Reconveyance. Upon the payment in full of all sums secured by this Deed of Tmst or upon forgiveness of such payment in accordance with the Note, Beneficiary shall request that Tmstee reconvey the Property. and shall surrender this Deed of Tmst and Note evidencing indebtedness secured by this Deed of Tmst to Tmstee. Upon payment of its fees and any other I sums owing to it under this Deed of Tmst, Tmstee shall reconvey the Property without waITanty to the person or persons legally entitled thereto. Such person or persons shall pay all costs of recordation, if any. The recitals in such reconveyance of any matters of facts shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as "the person or persons legally entitled thereto." Five (5) years after issuance of such full reconveyance, Tmstee may destroy the Note and this Deed of Tmst unless otherwise directed by Beneficiary. 14 -. SECTION 12.07. Interpretation. Wherever used in this Deed of Trust, unless the context indicates a contrary intent, or unless otherwise specifically provided herein, the word "Trustor" shall mean and include both Trustor and any subsequent owner or owners of the Property, and the word "Beneficiary" shall mean and include not only the original Beneficiary hereunder but also any future owner and holder, including pledgees, of the Note secured hereby. In this Deed of Trust wherever the context so requires, the masculine gender includes the feminine andlor neuter, and the neuter includes the feminine. andlor masculine, and the singular number includes the plural and conversely. In this Deed of Trust, the use of the word "including" shall not be deemed to limit the generality of the term or clause to which it has reference, whether or not non-limiting language (such as "without limitation," or "but not limited to" or words of similar import) is used with reference thereto. The captions and headings of the Articles and Sections of this Deed. of Trust are for convenience only and are not to be used to interpret, define or limit the provisions hereof. SECTION 12.08. Consent. The granting or withholding of consent by Beneficiary to any transaction as required by the terms hereof shall not be deemed a waiver of the right to require consent to future or successive transactions. SECTION 12.09. Successors and Assigns. All of the grants, obligations, covenants, agreements, terms, provisions and conditions herein shall run with the land and shall apply to, bind, and inure to the benefit of the heirs, administrators, executors, legal representatives, successors and assigns of Trustor and the successors-in-trust of Trustee and the endorsees, transferees, successors and assigns of Beneficiary. In the event that Trustor is composed of more than one party, the obligations, covenants, agreements and warranties contained herein as well as the obligations arising there&om are and shall be joint and several as to each such party. SECTION 12.10. Governing Law. This Deed of Trust shall be governed by and construed under the laws of the State of California. SECTION 12.11. Trustor Waivers. Trustor waives the benefit of all laws now existing or that hereafter may be enacted with respect to any statute of limitations for the filing of any action or claims by Beneficiary. I SECTION 12.13~ Superiority of First Lender Documents. ! I Subsection 12.13(a). This Deed of Trust shall not diminish or affect the rights of the First I Lender under that certain deed of trust dated , executed by the I , I Trustor in favor of the First Lender and recorded in the County of San Luis Obispo on , , and assigned Instrument No. or any subsequent First I Lender deeds of trust hereafter recorded against the Security (the "First Deed of Trust"), except as provided in Subsection 12.I3(b) below. Beneficiary and Trustor acknowledge and agree that this Deed of Trust is subject and subordinate in all respects to the liens, terms, covenants and conditions of the First Deed of Trust and to all advances heretofore made or which may hereafter be made pursuant to the First Deed of Trust including all sums advanced I for the purpose of (i) protecting or further securing the lien of the First Deed of Trust, curing I 15 defaults by the Trustor under the First Deed of Trust or for any other pwpose expressly permitted by the First Deed of Trust or (ii) constructing, renovating, repairing, furnishing, fixturing or equipping the Property. The terms and provisions of the First Deed of Trust are paramount and controlling, and they supersede any other terms and provisions hereof in conflict therewith. Subsection 12.13(b). In the event of default, the First Lender may take the following actions to cure the default, provided first that: (i) the Beneficiary has been given written notice of a default under the First Deed of Trust, and (ii) the Beneficiary shall not have cured the default . under the First Deed of Trust, or diligently pursued curing the default as determined by the First Lender, within the 60-day period provided in such notice sent to the Beneficiary: 1) Foreclose on the subject property pursuant to the remedies permitted by law and written in a recorded contract or deed of trust; or 2) Accept a deed of trust or assignment to the extent of the value of the unpaid first mortgage to the current market value in lieu of foreclosure in the event of default by a trustor; or 3) Sell the property to any person at a fair market value price subsequent to exercising its rights under the deed of trust. Any value in excess of the unpaid mortgage and costs of sale administration shall be used to satisfy the City loan. In no case may a first mortgage lender, exercising foreclosure assignment in-lieu of foreclosure or sale, obtain value or rights to value greater than the value of the outstanding indebtedness on the first mortgage at the time of the debt clearing action. The following types of transfers shall remain subject to the requirements of the City's loan and right of first refusal: transfer by gift, devise, or inheritance to the owner's spouse; transfer to a surviving joint tenant; transfer to a spouse as part of divorce or dissolution proceedings; or acquisition in conjunction with a marriage. SECTION 12.14. Request for Notices of Default and Sale. Subsection 12.14(a). Trustor hereby requests that a copy of any notice of default and notice of sale as may be required by law or by this Deed of Trust be mailed to Trustor at its address , above stated. I I Subsection 12.14(b). In accordance with Section 2924b of the California Civil Code, request is hereby made that a copy of any notice of default and a copy of any notice of sale under that , , deed trust record on . in Book page , . I I records of San Luis Obispo County, California, executed by as I trustor in which is named as Beneficiary and I as Trustee, be mailed to: Community Development Director, City I I I I 16 of Arroyo Grande, 214 E. Branch Street, Arroyo Grande, California 93421. NOTICE: A copy of any notice of default and of any notice of sale will be sent only to the address contained in this recorded request. If your address changes, a new request must be recorded. SECTION 12.15. No Transfer. Trustor shall not voluntarily or involuntarily (except for a transfer in accordance with the Affordable Housing Agreement) assign or otherwise transfer any of its rights, duties, liabilities or obligations hereunder or under the Note without the prior written consent of Beneficiary: SECTION 12.16. Attorney's Fees. In any action to interpret or enforce any provision of this Deed of Trust, the prevailing party shall be entitled to reasonable costs and attorney's fees. IN WITNESS WHEREOF, the undersigned have executed this Deed of Trust as of the day and year first above written. JOSHUA BLAIR, "Trustor" JAYDENBLAIR, "Trustor" i , , I I I I I ! i , ! I , ! ! , ! I I 17 -, 18 EXHIBIT "A" DESCRIPTION OF REAL PROPERTY Parcel 2 of Parcel Map AG 95-068 in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to the Map filed November 6, 1996, in Book 52, Page 25 of Parcel Maps. --- ------ ---- MEMORANDUM 11.b. TO: FROM: SUBJECT: DATE: CITY COUNCIL STEVEN ADAMS, CITY MANAGER,/W"t CONSIDERATION OF ART IN PUBLIC PLACES PROGRAM ALTERNATIVES MAY 14, 2002 RECOMMENDATION: It is recommended the City Council receive information and direct staff to incorporate desired items into the Development Code update. FUNDING: There is no fiscal impact projected. DISCUSSION: The City currently does not have regulations or guidelines in place specifically addressing public art. As a result, review and approval of proposed art projects are included as part of the overall sign program. Meetings were recently coordinated by the Arroyo Grande Chamber of Commerce to discuss alternatives and develop recommendations for establishing an art program in the community. The meeting included representatives of the City, County Arts Council, and Village Improvement Association. The goals of a program would be to: · Develop measures to promote art in the community; · Establish a uniform process for review and selection of public art on private and public property that would be reflective of the community, but limit City government involvement; and · Identify general guidelines and selection criteria that would promote creativity and freedom of expression, but also compatibility with the character, design and environment of the surrounding area. The County Arts Council has been instrumental in providing information and expertise. They also support having a uniform process and requirements. The Arts Council is a non-profit organization whose mission is to develop, sustain and promote the literary, visual and performing arts throughout San Luis Obispo County. It was established in CITY COUNCIL ART PROGRAM ALTERNATIVES MAY 14, 2002 PAGE 2 1980 as part of the State and Local Partnership program and is a partner with the California Arts Council. Ordinances and programs currently in place in other jurisdictions were reviewed. Based on this analysis, a number of alternatives were identified and analyzed. Cities found to have some form of policy or ordinance dealing with this issue include Brea, Laguna Beach, San Juan Capistrano, Whittier, Culver City, Azusa, San Diego, Solana Beach, San Luis Obispo, Sunnyvale, and Carmel by the Sea. Selection Process The most significant area to be addressed is the process for selection of art projects that will be in public view, both on private and public property. The first option would be to continue with the existing process of reviewing an art proposal as part of the sign program. The advantage of this option is that it does not involve establishing a new process, regulations and steps required for a project applicant. Given the experience with the Village Centre art project, concerns could probably be addressed in the future through additional conditions in the sign program. The disadvantage is that the City's current regulations are not clear as they relate to public art. Therefore, it makes it difficult for staff, Planning Commission, as well as applicants, to consistently apply any standards. In addition, since they do not apply to existing approved projects, there would be no review of a public art piece installed at an existing business. The second option is to modify the City's regulations to more specifically address Planning Commission review of public art projects on private property and to expand the requirements to include new projects proposed at existing businesses. The advantage is that it would make requirements and guidelines more clear and would address potential concerns regarding any project proposed at an existing business. The primary disadvantage is that while there are cities with such requirements in place, the constitutional basis for defending such a process is uncertain. Court rulings have been more supportive of processes that include involvement by the community in making determinations regarding public art. In addition, there will be some members in the community who feel that this option creates a greater role for government in making determinations on art than is appropriate. The third option considered is to create what is normally referred to as a public art jury or review panel. This process is used in many jurisdictions, including San Luis Obispo and Sunnyvale. The jury is structured so there are members from a number of different representative groups within the community. For example, there may be an artist, a business representative, a historical society representative, etc. A jury is selected for each proposed art project from a pool of volunteers from each category. Depending upon the process established, the jury is asked to either review or deny an individual proposed art project or the applicant can be required to submit a number of altemative proposals for selection by the panel. __ - __m___m_________ ----- ---- CITY COUNCIL ART PROGRAM ALTERNATIVES MAY 14, 2002 PAGE 3 The advantages of this process are that it limits government involvement, yet makes the selection reflective of the community. The disadvantage for Arroyo Grande is that it may require soliciting a long list of volunteers and establishing a fairly involved process that will rarely be utilized. These programs have been established primarily in larger communities that require public art in new developments or an in-lieu fee for public art. Therefore, they are activated on a much more frequent basis. The fourth alternative is to adopt a process similar to the third option, but to create a standing art board or commission. Once again, this exists primarily in jurisdictions with very active art programs. Unless material incentives are established for a substantial increase in the number of art proposals, an ongoing board or commission is probably not warranted. A fifth option was considered in which the San Luis Obispo County Arts Council Art in Public Places Committee would be designated as the review panel for proposed art projects. The primary advantage is that the Committee is in place, so no new group would need to be formed. In addition, it is composed of diverse representation similar to what would be proposed in a jury process. The Committee also specializes in these type of projects so they are very knowledgeable in the issues involved. The primary disadvantage identified is that they are a county-wide organization. Therefore, it does not exclusively represent the interests of Arroyo Grande. Lastly, a recommended option was developed that would require review by a panel composed of a combination of representatives of the property owner, established community groups and the County Arts Council Art in ~ublic Places Committee. The proposed makeup of the panel includes the following: . 3 representatives from the property owner . 3-4 representatives designated by the County Arts Council Art in Public Places Committee . 1 representative from the Architectural Review Committee . 1 representative from the Chamber of Commerce . 1 representative from the Historical Society . 1 representative from the Village Improvement Association if the project is within the Village District The 3 representatives appointed by the County Arts Council Art in Public Places Committee would include: . 1 artist . 1 business and/or property owner in close proximity to the proposed project . 1 Arroyo Grande resident Committee member --.- CITY COUNCIL ART PROGRAM ALTERNATIVES MAY 14, 2002 PAGE 4 There are a number of advantages to this approach. First, it would accomplish the goals of establishing a selection process that is representative of the community. However, it would not require developing and maintaining a list of volunteers that may seldom be used. By utilizing representative groups, the organizations could simply be contacted to appoint an individual when needed when a proposal is received. It would also focus the process on community involvement rather than direct government regulation. By involving the County Arts Council, individuals would be included that are committed to promotion of the arts, but are also sensitive to community concerns and issues. Therefore, they provide a balanced approach and can be of assistance to those proposing art projects. This process was proposed by the applicant, but not followed, for the odginal Village Centre art project. It was also successfully utilized by the existing property owner in selecting the current art benches recently installed at the Village Centre. Approval Process There are two primary ways in which the projects can be reviewed and approved: · First, the applicant can submit a single proposed project. The application would be submitted to the board for review and approval. · The second option is to require the applicant to submit a number of alternative art proposals and the board would make the final selection. Guidelines and Criteria Some general guidelines and criteria are often established within the ordinance to base consideration and approval on. The objective of the guidelines and criteria is to ensure that art is representative and consistent with the surrounding area and environment, including features such as size, scale, materials, theme, etc. The following general guidelines were developed by the County Arts Council and are recommended: · Public art shall be original and of high artistic quality. · Public art shall reflect the character of the area. · Public art shall be compatible with the immediate site and neighborhood in terms of social and cultural characteristics, architectural scale, materials, land use and geographical and environmental context. · Public art shall include lighting, interpretive information and other amenities where appropriate. · Public art shall not impede pedestrian or vehicle traffic or conflict with public or private easements. · Consideration shall be given to any public safety or public health concems related to or created by the artwork. CITY COUNCIL ART PROGRAM AL TERNA TIVES MAY 14,2002 PAGE 5 . Public art shall be constructed of durable, high-quality materials and require minimal or no maintenance. . Public art shall be securely installed. . A wide variety of artistic expression is encouraged. However, expressions of profanity or vulgarity are inappropriate. The following are recommended criteria to be used in the selection of public art, which were also developed by the County Arts Council: . Evaluation of artistic excellence; . Appropriateness of scale, form, material, content and design relative to the immediate and general neighborhood; . Relationship to the social, cultural and historical identity of the area; . Appropriateness of proposed materials as regards to structural and surface integrity, protection against vandalism, public safety and weathering; . Ease of maintenance; . Appropriateness of proposed method of installation of artwork and safety and structural factors involved in installation; . Artist's experience in working on comparable projects. Promotion and Incentives for Art There are also a number of alternatives that can be incorporated into a public art program designed to encourage more art in the community. Options include the following: . Many cities, such as San Luis Obispo and Sunnyvale, require new developments to include an art project on site or provide in lieu fees to be expended on public art. However, given the current amount of development fees charged by the City, staff is reluctant to recommend inclusion of an additional fee at this time. . Incentives can be incorporated into the development code. . Public art can be encouraged in design guidelines. For example, use of public art could be included in design guidelines for East Grand Avenue and play an important part of the East Grand Avenue master plan. Since staff is beginning the process of updating the Development Code, it is proposed that any items the City Council desires to implement be incorporated into the update. Therefore, staff is seeking City Council direction only at this time. No formal approval is necessary. AL TERNA TIVES: The following alternatives are provided for the Council's consideration: - Specify the preferred process and guidelines outlined above and direct staff to include provisions for the process in the Development Code update; , i - -------...- --- --------- I CITY COUNCIL ART PROGRAM ALTERNATIVES MAY 14, 2002 PAGE 6 - Direct staff to prepare a separate ordinance implementing the preferred process; - Continue with the City's existing process and provisions; - Direct staff to implement process changes, as well as incentives for public art; - Provide direction to staff. j./ ------------ -- -- I