Agenda Packet 2004-06-22
CITY COUNCIL Ctt! of
AGENDA Arr~o Grancle
Tony M. Ferrara Mayor
Sandy Lubin Mayor Pro Tem Steven Adams City Manager
Thomas A. Runels Council Member Timothy J. Carmel City Attorney
Jim Dickens Council Member Kelly Wetmore Director, Administrative Services
Joe Costello Council Member
AGENDA SUMMARY
CITY COUNCIL
TUESDAY, JUNE 22,2004
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: AMERICAN LEGION POST NO, 136
4, INVOCATION: PASTOR ROBERT BANKER, OPEN DOOR
CHURCH,OCEANO
5, SPECIAL PRESENTATIONS:
None.
6, AGENDA REVIEW:
6.a. Move that all resolutions and ordinances presented tonight be read in title only and
all further readings be waived.
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AGENDA SUMMARY - JUNE 22, 2004
PAGE 2
7, COMMUNITY COMMENTS AND SUGGESTIONS:
. This public comment period is an invitation to members of the community to present
issues, thoughts, or suggestions on matters not scheduled on this agenda.
Comments should be limited to those matters that are within the jurisdiction of the
City Council. The Brown Act restricts the Council from taking formal action on
matters not published on the agenda. In response to your comments, the Mayor or
presiding Council Member may:
. Direct City staff to assist or coordinate with you,
. A Council Member may state a desire to meet with you.
. It may be the desire of the Council to place your issue or matter on a
future Council agenda.
Please adhere to the following procedures when addressing the Council:
. Comments should be limited to 3 minutes or less,
. Your comments should be directed to the Council as a whole and not
directed to individual Council members.
. Slanderous, profane or personal remarks against any Council Member or
member of the audience shall not be permitted.
8, CONSENT AGENDA:
The following routine items listed below are scheduled for consideration as a group.
The recommendations for each item are noted, Any Council Member may request
that any item be withdrawn from the Consent Agenda to permit discussion or change
the recommended course of action, The City Council may approve the remainder of
the Consent Agenda on one motion,
8,a, Cash Disbursement Ratification (SNODGRASS)
Recommended Action: Approve the listings of cash disbursements for the period
June 1, 2004 - June 15, 2004.
8.b. Consideration of Cash Flow AnalvsislADDroval of Interfund Advance from the
Water Facility Fund (SNODGRASS)
Recommended Action: Receive and file the May 2004 cash report and approve the
interfund advance from the Water Facility Fund to cover cash deficits in other funds
as of May 31,2004.
8.c. Consideration of ADDroval of Minutes (WETMORE)
Recommended Action: Approve the minutes of the Special City Council Meeting
and the Regular City CounciVRedevelopment Agency Meeting of May 25, 2004 and
the Special City Council Meeting and Regular City Council/Redevelopment Agency
. Meeting of June 8, 2004 as submitted.
8.d. Consideration of ADDolntment to Downtown Parkina Advisory Board (ADAMS)
Recommended Action: Approve the appointment of Greg Moore to the Downtown
Parking Advisory Board as recommended by Mayor Ferrara.
AGENDA SUMMARY - JUNE 22, 2004
PAGE 3
8, CONSENT AGENDA (continued):
8.e. Consideration of Elimation of Full-Time Code Enforcement Officer Position
and Creation of Part-Time Neiahborhood Services Coordinator Position
(ADAMS)
Recommended Action: Adopt Resolution eliminating the position of Code
Enforcement Officer and establish a part-time Neighborhood Services Coordinator
position; and 2) Approve providing one month of severance pay for the affected
employee,
8.1. Consideration of Resolutions Relatina to the 2004 General Munl~iDaI Electi9n
(WETMORE)
Recommended Action: 1) Adopt Resolution calling and giving notice of a General
Municipal Election to be held in the City on Tuesday, November 2, 2004, for the
election of certain officers of the City; and 2) Adopt Resolution requesting the Board
of Supervisors of the County of San Luis Obispo to consolidate the General
Municipal Election to be held on November 2, 2004, with the Statewide General
Election to be held on the same date pursuant to Section 10403 of the Elections
Code,
8.g. Consideration of DlsDosal of SurDlus Bicycles (TerBORCH)
Recommended Action: Adopt Resolution declaring bicycles as surplus for donation
to the San Luis Obispo County Sheriff's Offices to be refurbished and donated to
needy children,
8.h. Consideration of Salary Adiustments for Manaaement EmDloyees (ADAMS)
Recommended Action: Adopt Resolution approving salary adjustments for
management employees for Fiscal Year 2004-05. I
r
I
8.i. Consideration to ADDrove a Consultant Services Aareement to Prov'~e
Services In Coniunctlon with the Annual Creek Cleanlna Proaram{SPAGNOLO)
Recommended Action: 1) Approve a Consultant Services Agreement with Tenera
Environmental for services in conjunction with the annual creek cleaning program in I
the amount of $13,295,00; and 2) Authorize the Mayor to execute the Agreement. I
!
8.j. Consideration of Authorization to Solicit Bids for the Valley Gardens Paving
Prolect. Proiect No, PW 2004-q4 (SPAGNOLO)
Recommended Action: 1) Authorize the Public Works Department to solicit public
construction bids for the Valley Gardens paving Project, PW 2004-04; 2) Find that
the project is categorically exempt from CEQA pursuant to Section 15301 (c); and 3)
Direct the Director of Administrative Services to file a Notice of Exemption. I
Consideration of Authorization to SQII~it Bic;js for the Annual Pavement I
8.k. I
Manaaement Proaram. PW 2004-06 (SPAGNOLO)
Recommended Action: 1) Authorize the solicitation of construction bids for the
annual Pavement Management Program; 2) Find that the project is categorically I
exempt from CEQA pursuant to Section 15301 (c); and 3) Direct the Director of I
Administrative Services to file a Notice of Exemption.
I
!
AGENDA SUMMARY - JUNE 22, 2004
PAGE 4
8, CONSENT AGENDA (continued):
8.1. Consideration to ADDrove Final Parcel MaD AG 01-139: SubdividinG Two (2)
Parcels Into Four (4) Residential Parcels at 1260 and 1270 Poolar Street
(SPAGNOLO)
Recommended Action: Approve Final Parcel Map AG 01-139, subdividing 0.90
acres into four (4) parcels, ranging in area from approximately 6,300 to 15,900
square feet.
9, . PUBLIC HEARINGS:
9.a. Consideration of an Ordinance Amendlna ArrOYO Gran~e 'unlet..1 Code
Section 16,6(1.050 Reaardina Underaround Utill~es and the Establishment of
an Underaround Utility In-Lleu Fee (STRONG)
Recommended Action: The Planning Commission rE;tcommends the City Council
introduce an Ordinance amending Municipal Code Section 16,68.050 regarding
underground utilities and the establishment of an underground utility in-lieu fee,
9.b. Consideration of General Plan Amendment 04-991 to ~lim'nate the Planned
Develooment Overlay. and DeveloDrnent Code Amendme.,t 94-001 to ChanGe
to Zonlna from Sinai, Family Resldenti.,. tsF~ to Senior R..~entlal taR} fvr
ProD8rtv Located at 295. 279. and 265 Alder Street (STRONG)
Recommended Action: 1) Introduce Ordinance approving Development Code
Amendment 04-001; and 2) Adopt Resolution approving General Plan Amendment
04-001.
9.c. Consideration of Tentative Tract MaD Case No. 04-001: Condominium Tract
MaD for a PreviouslY ADoroved 6O-tJnlt Senior ADartment ComDlex: 579
Camino Mercado: Camino Mercado Partners. L~ (STRONG)
Recommended Action: Adopt Resolution approving Tentative Tract Map 04-001,
10, CONTINUED BUSINESS:
10.a. Consideration of ADDroval of CooD8ratlve Fire Services Aareement wltb Ult
City of Grover a.ach (FIBICH)
Recommended Action: 1) Accept and approve the Cooperative Fire Services
Agreement with the City of Grover Beach; 2) Authorize the City Manager to execute
the Agreement; and 3) Appoint one member of the City Council to serve on the
Implementation Committee.
10.b. Consideration of City Hall ComDlex Needs Assessment and Feasibility Study
(ADAMS)
Recommended Action: 1) Approve the City Hall Complex Needs Assessment and
Feasibility Study preferred site; 2) Approve the preferred architectural approach; 3)
Approve the proposed funding strategy; and 4) Direct staff to proceed with the
proposed implementation strategy,
AGENDA SUMMARY - JUNE 22, 2004
PAGE 5
11, NEW BUSINESS:
11.a. Consideration to Convert One Community Services Officer Position to a Police
OffIcer Position (TerBORCH)
Recommended Action: 1) Approve the conversion of one (1) Community Services
Officer (CSO) position to a Police Officer position to provide DARE Officer services;
and 2) Authorize the City Manager to enter into an agreement with the City of Grover
Beach to provide DARE services.
12, CITY COUNCIL REPORTS:
This item gives the Mayor and Council Members the opportunity to present reports to
the other members regarding committees, commissions, boards, or special projects
on which they may be participating.
(a) MAYOR TONY M, FERRARA:
(1) San Luis Obispo Council of Governments/San Luis Obispo Regional
Transit Authority (SLOCOG/SLORT A)
(2) South San Luis Obispo County Sanitation District (SSLOCSD)
(3) Integrated Waste Management Authority (IWMA)
(4) Other
(b) MAYOR PRO TEM SANDY LUBIN:
(1) South County Area Transit (SCAT)
(2) Economic Vitality Corporation (EVC)
(3) California Joint Powers Insurance Authority (CJPIA)
(4) Other
(c) COUNCIL MEMBER THOMAS A. RUNELS:
(1) Zone 3 Water Advisory Board
(2) County Water Resources Advisory Committee (WRAC)
(3) Other
(d) COUNCIL MEMBER JIM DICKENS:
(1) South County Youth Coalition
(2) Other
(e) COUNCIL MEMBER JOE COSTELLO:
(1) Air Pollution Control District (APCD)
(2) Other
13, CITY COUNCIL MEMBER ITEMS:
The following item{s) are placed on the agenda by the Mayor and/or 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.
_._-~- ~_.__._._-----_._---
AGENDA SUMMARY - JUNE 22, 2004
PAGE 6
14, CITY MANAGER ITEMS:
The following item(s) are placed on the agenda by the City Manager in order to
receive feedback and/or request direction from the Council. No formal action can be
taken.
a) None.
15, COUNCIL COMMUNICATIONS:
Correspondence/Comments as presented by the City Council.
16, STAFF COMMUNICATIONS:
Correspondence/Comments as presented by the City Manager.
17, COMMUNITY COMM~NTS AND SUGGESTIONS:
This public comment period is an invitation to members of the community to present
issues, thoughts, or suggestions, Comments should be limited to those matters that
are within the jurisdiction of the City Council. The Brown Act restricts the Council
from taking formal action on matters not published on the agenda.
18, ADJOURNMENT
+++++++++++
All staff reports or other written documentation relating to each item of business referred to on the agenda
are on file in the Administrative Services Department and. are available for public inspection and
reproduction at cost. If requested, the agenda shall be made available in appropriate alternative formats
to persons with a disability, as required by the Americans with Disabilities Act. To make a request for
disability-related modification or accommodation, contact the Administrative Services Department at 805-
473-5414 as soon as possible and at least 48 hours prior to the meeting date.
+++++++++++
Note: This agenda was prepared and posted pursuant to Government Code Section 54954.2. I
f
www.arroyogrande,org
8.a.
MEMORANDUM
TO: CITY COUNCIL
FROM: LYNDA SNODGRASS, DIRECTOR OF FINANCIAL ~ICE9
BY: FRANCES R, HEAD, ACCOUNTING SUPERVISO
SUBJECT: CASH DISBURSEMENT RA TIFICA TION
DATE: JUNE 22, 2004
RECOMMENDATION:
It is recommended the City Council ratify the attached listing of cash disbursements for
the period June 1-June 15, 2004.
FUNDING:
There is a $1,188,027.86 fiscal impact. All payments are within the existing budget.
DISCUSSION:
The attached listing represents the cash disbursements required of normal and usual
operations. It is requested that the City Council approve these payments.
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
. Approve staffs recommendation;
. Do not approve staffs recommendation;
. Provide direction to staff.
Attachments:
Attachment 1 - Cash Disbursement Listing
Attachment 2 - June 4, 2004 Accounts Payable Check Register
Attachment 3 - June 4,2004 Accounts Payable Check Register
Attachment 4 - June 11, 2004 Accounts Payable Check Register
Attachment 5 - June 11, Payroll Checks & Benefit Checks Register
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---'- -~,-,-- . ~._~_.
A IT ACHMENT 1
CITY OF ARROYO GRANDE
CASH DISBURSEMENTS
77M de '1'eJriM fJj P-e 1 7~ P-e 15. 2004
June 22, 2004
Presented are the cash disbursements issued by the Deparhnent of Financial Services for
the period June 1 to June 15, 2004. Shown are cash disbursements by week of occurrence
and type of payment.
WEHT( TYPE OFPA'YMEN'iIl'
June 4, 2004
Accounts Payable Cks 115898-116012 2 $630,365.50
Accounts Payable Cks 116013-116014 3 3,111.29
633,476.79
June 11, 2004
Accounts Payable Cks 116033-116116 4 $192,937.02
Payroll Checks and Benefit Checks 5 361,614.05
554,551.07
Two Weeks Total $ 1.188.027.86
T:\ winword\ CITY COUNCIL FORMS\ CASH DISBURSEMENT SCHED.doc
CITY OF ARROYO GRANDE
INDEX FOR BUDGET DEPARTMENTS
EDEN COMPUTER SYSTEM
GENERAL FUND (010) SPECIAL REVENUE FUNDS
City Government (Fund 010) Park Development Fee Fund (Fund 213)
4001 - City Council 4550 - Park Development Fee
4002 - Administrative Services Traffic Signal Fund (Fund 222)
4003 - City Attorney 4501 - Traffic Fund
4101 - City Manager Transportation Fund (Fund 225) I
4102 - Printing/Duplicating 4553 - Public Transit System.
4120 - Financial Services Construction Tax Fund (Fund 230)
4121 - Taxes/ Insurance/ Bonds 4556 - Construction Tax
4130 - Community Development Police Grant Funds
4131 - Community Building (CDBG) 4201 - Law Enforcement Equip. (Fd 272)
4140 - Management Information System 4202 - State AB3229 Cops Grant (Fd 271)
4145 - Non Departmental 4203 - Federal Universal Hiring (Fd 274)
Public Safety (Fund 010) 4208 - Federal Local Law Enforcmt (FD 279)
4201 - Police Redevelopment Agency ( Fund 284)
4211 - Fire 4103 - Redevelopment Administration
4212 - Building & Safety ENTERPRISE FUNDS
Public Works (Fund 010) Sewer Fund (Fund 612)
4301 - Public Works-Admin & Engineering 4610 - Sewer Maintenance
4303 - Street/Bridge Maintenance Water Fund (Fund 640)
4304 - Street lighting 4710 - Water Administration
4305 - Automotive Shop 4711 - Water Production
Parks & Recreation (Fund 010) 4712 - Water Distribution
4420 - Parks Lopez Administration (Fund 641)
4421 - Recreation 4750 - Lopez Administration
4422 - General Recreation CAPITAL IMPROVEMENT PROGRAMS (Fund 350)
4423 - Pre-School Program 5501-5599 - Park Projects
4424 - Recreation-Special Programs 5601-5699 - Streets Projects
4425 - Children in Motion 5701-5799 - Drainage Projects
4426 - Five Cities Youth Basketball 5801-5899 - Water/Sewer/Street Projects
4430 - Soto Sport Complex 5901-5999 - Water Projects
4213 - Government Buildings
4460 - Parkway Maintenance
Dept. Index for Council
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ATTACHMENT 5 2 Ot1 LJ,-~ \ 2
CITY OF ARROYO GRANDE
DEPARTMENTAL LABOR DISTRIBUTION
PAY PERIOD
OS/21/04 - 06/03/04
06/11/04
FUND 010 325,653.06 Salaries Full time 169,789.04
FUND 220 16,219.76 Salaries Part-Time - PPT 24,423.96
FUND 284 909.97 Salaries Part-Time - TPT 5,433.87
FUND 612 5,467.91 Salaries OverTime 18,216.49
FUND 640 13,363.35 Salaries Standby 386.07
361,614.05 Holiday Pay 20,874.88
Sick Pay 5,696.67
Annual Leave Buyback -
Vacation Buyback -
Sick Leave Buyback -
Vacation Pay 4,755.97
Comp Pay 4,380.08
Annual Leave Pay 4,401.92
PERS Retirement 38,694.19
Social Security 18,672.24
PARS Retirement 291.56
State Disability Ins. 1,124.75
Deferred Compensation 725.00
Health Insurance 36,601.27
Dental Insurance 4,439.28
Vision Insurance 991.03
Life Insurance 740.78
Long Term Disability -
Uniform Allowance -
Car Allowance 875.00
Council Expense -
Employee Assistance -
Boot Allowance -
Motor Pay 100.00
-
361,614.05
--
---
8.b.
MEMORANDUM
TO: CITY COUNCIL
FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICEj
SUBJECT: CONSIDERATION OF ACCEPTANCE OF CASH FLOW ANAL YSI
AND APPROVAL OF INTERFUND ADVANCES FROM THE WATER
AND WATER FACILITY FUNDS
DATE: JUNE 22, 2004
RECOMMENDATION:
It is recommended the City Council:
. Accept the May 2004 cash report,
. Approve the interfund advance of $1,665,217 from the Water and the Water
Facility Funds to cover cash deficits in other funds as of May 31, 2004.
FUNDING:
No outside funding is required.
DISCUSSION:
Revenues in individual funds are earned in uneven amounts during each month of the
year; however, expenses in these funds are paid out in fairly consistent amounts.
These differences cause some funds to have temporary cash deficits while waiting for
revenues to equal expenses.
For investment purposes, the City pools cash in individual funds into one bank account.
Since the City pools the cash of all funds, individual fund shortages are not readily
apparent. However, in reality, funds with excess cash are "financing" the shortages in
other funds until revenues equal expenses. This report is prepared to present to the
City Council individual fund shortages and the funds financing those shortages. By
year-end, all funds are expected to have positive cash balances.
AL TERNA TIVES:
The following alternatives are provided for City Council consideration:
- Approve staff recommendation and accept the report;
- Do not approve staff recommendation and decline the report;
- Modify as appropriate and approve staff's recommendation;
- Provide direction to staff.
Attachment:
A - Cash Balancellnterfund Advance Report
--- ---.---_.-
ATTACHMENT A
CITY OF ARROYO GRANDE
CASH BALANCE / INTERFUND ADVANCE REPORT
At May 31, 2004
Balance at Recommended Revised
Fund Advances Balance
010 General Fund 2,852,689 2,852,689
210 Fire Protection Impact Fees 202,125 202, 125
212 Police Protection Impact Fees 45,942 45,942
213 Park Development 601,598 601,598
214 Park Improvement 154,052 154,052
215 Recreation Community Center 11,338 11,338
217 Landscape Maintenance 34,034 34,034
220 Street (Gas Tax) Fund 27,556 27,556
221 Traffic Congestion Relief 43,216 43,216
222 Traffic Signalization 527,835 527,835
223 Traffic Circulation 467,494 467,494
224 Transportation Facility Impact 2,004,351 2,004,351
225 Transportation 22,650 22,650
226 Water Neutralization Impact 779,214 779,214
230 Construction Tax 105,694 105,694
231 Drainage Facility 26,413 26,413
232 In-Lieu Affordable Housing 964,303 964,303
241 Lopez Facility Fund 1,123,181 1,123,181
250 CDBG Fund 41,612 41,612
271 State COPS Block Grant Fund 10,711 10,711
272 Calif. Law Enf. Technology Grant (7,259) 7,259 0
279 00-01 Fed Local Law Enforcement Grant 67 67
284 Redevelopment Agency 30,303 30,303
285 Redevelopment Set Aside 181,168 181,168
350 Capital Projects (1,657,958) 1,657,958 0
470 Fire Station Bond-Debt Service 120,314
612 Sewer Fund 21,295 21,295
634 Sewer Facility 175,169 175,169
640 Water Fund 3,032,997 (665,217) 2,367,780
641 Lopez 548,907 548,907
642 Water Facility 1,317,152 (1,000,000) 317,152
751 Downtown Parking 26,386 26,386
760 Sanitation District Fund 54,656 54,656
Total City Wide Cash 13,889,205 0 13,768,891
THE ABOVE LISTING ARE THE CASH BALANCES SHOWN IN THE GENERAL LEDGER
OF THE CITY OF ARROYO GRANDE AS OF MAY 31, 2004
-- ._-~.._--
I.c.
MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
TUESDAY, MAY 25, 2004
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1, SPECIAL CITY COUNCIL MEETING:
Mayor Ferrara called the meeting to order at 6:32 p.m. Council Members Lubin, Dickens and
Costello, City Manager Adams, City Attorney Carmel, and Parks, Recreation & Facilities Director
Hernandez were present. Council Member Runels was absent.
2, PUBLIC COMMENT:
None,
3, CITY COUNCIL CLOSED SESSION:
a, CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section
54956:
Agency Negotiator: Daniel Hernandez
Represented Employees: Arroyo Grande Police Officers' Association (AGPOA)
4, RECONVENE TO OPEN SESSION: I
Mayor Ferrara announced that there was no reportable action from the closed session, r
5, ADJOURNMENT TO REGULAR CITY COUNCIL MEE:rU~G:
The meeting was adjourned at 7:00 p,m.
I
I
Tony M. Ferrara, Mayor
ATTEST:
Kelly Wetmore, Director of Administrative Services!
Deputy City Clerk
-- -"'"----
MINUTES
REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY
TUESDAY, MAY 25,2004
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1, CALL TO ORDER
Mayor/Chair Ferrara called the Regular City Council meeting to order at 7:00 p.m.
2, ROLL CALL
City Council/RDA: Council/Board Members Dickens, Costello, Mayor Pro TemlVice Chair
Lubin, and Mayor/Chair Ferrara were present. Council/Board Member
Runels was absent.
City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative
Services Wetmore, Director of Financial Services Snodgrass, Assistant
City Engineer Linn, Director of Building and Fire Fibich, Community
Development Director Strong, and Associate Planner Heffemon.
3, FLAG SALUTE
Dan Cashier, President of the Rotary Club of Arroyo Grande, led the Flag Salute.
4,INVOCATION
Pastor Robert Banker, Open Door Church, Oceano, delivered the invocation.
5, SPECIAL PRESENTATIONS
Mayor Ferrara requested, and the Council concurred, to adjoum the meeting in honor and
memory of Private First Class Michelangelo Mora. Michelangelo was raised in Arroyo Grande,
attended local schools, and was popular and well known in the community, He joined the Army
and was assigned to a Fort Polk, Louisiana unit, but had been accepted to attend the elite 1018t
Army Airbome training after retuming from Ir~q. Michelangelo was scheduled to retum home
from Iraq before his unit's tour of duty was lengthened last month, Sadly, he suffered a head
injury in a vehicle accident while on patrol with his unit and passed away on May 14, 2004. On
behalf of the City Council and the City of Arroyo Grande, Mayor Ferrara expressed deepest
sympathies to Michelangelo's parents, Maria and Mike, and their extended families. He also
announced that in the near future, the City of Arroyo Grande would be planting and dedicating a
tree at Rancho Grande Park in Michelangelo's name.
6, AGENDA REVIEW
6.a, Resolutions and Ordinances Read In Title Only
Mayor Pro Tem Lubin moved, Council Member Costello 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
None.
8, CONSENT AGENDA
Council Member Costello requested that Item 8.b. be pulled for separate roll-call vote.
'''-'~'''''~'._._.--
CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
MAY 25, 2004
PAGE 2
Counci~ Member Costello moved, and Mayor Pro Tem Lubin seconded the motion. to approve
Consent Agenda Items 8.a. through 8.h., with the exception of 8.b., with, the recommended
courses of action. The motion carried on the following roll-call vote:
AYES: Costello, Lubin, Dickens, Ferrara
NOES: None
ABSENT: Runels
8.a, Cash Disbursement Ratification.
Action: Approved the listings of cash disbursements for the period May 1, 2004 - May
15, 2004.
8,c, Consideration of Fiscal Year 2004-05 Appropriation Limit,
Action: Adopted Resolution No. 3750 establishing the appropriation limit from tax
proceeds for fiscal year 2004-05.
8,d. Consideration of Approval of Minutes,
Action: Approved the minutes of the Regular City Council Meeting of May 11, 2004
8,e, ' Consideration of Authorization to Solicit Proposals for Environmental Services for
Creek Cleaning Work,
Action: Authorized the solicitation of proposals for environmental services to be provided
in conjunction with cleaning the creeks,
8.1, Consideration of Disadvantaged Business Enterprise (DBE) Program for Federal
Fiscal Year (FFY) 2004-2005.
Action: 1) Approved the submittal of the FFY 2004/05 DBE Program with "proposed"
Overall Annual DBE Goal and submit to Caltrans by June 1, 2004; 2) Directed the
Director of Administrative Services to publish a public notice in the local media in
accordance with Section XIV of the Program; and, 3) Directed staff to return to the
Council' with a summary of public comments and approval to submit the FFY 2004/05
DBE Program with "established" Overall Annual DBE Goal to Caltrans by September 1,
2004.
8,g, Consideration of Acceptance of the Crown Hili Sewer Lining Project, PW 2003-06.
Action: 1) Accepted the project improvements, a~ constructed by Sancon Technologies,
Inc., in accordance with the plans and specifications for the Crown Hill Sewer Lining
Project; 2) Directed staff to file a Notice of Completion; and, 3) Authorized release of
retention of $6,823.85, thirty-five (35) days after the, Notice of Completion has been
recorded, if no liens have been filed.
8.h. Consideration of Authorization to Use City Property, Close City Streets, and Waive
Permit Fees and a Portion of Police Service Fees for the Annual Arroyo Valley
People's Choice Car Show on July 31,2004; Temporary Use, Permit No. 04-005,
Action: Adopted Resolution No. 3751 authorizing the use of City property, closure of City
streets, and waiver of permit fees and a portion of police service fees for the Annual
Arroyo Valley People's Choice Car Show on July 31, 2004,
Council Member Costello declared a conflict of interest on Item 8.b. due to ownership of real
property and stepped down from the dais.
'-- --"-
CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
MAY 25, 2004
PAGE 3
8,b, Consideration of Confirmation of A$sessments,
Recommended Action: 1) Adopt Resolution confirming landscaping assessments of
forty dollars ($40) for all parcels within Tract 1158; and, 2) Adopt Resolution confirming
landscaping and lighting assessments of one hundred dollars ($100) for all parcels within
Tract 1769.
Mayor Pro Tem Lubin moved to approve staff's recommendations, Council Member Dickens
seconded, and the motion carried on the following roll-call vote:
AYES: Lubin, Dickens, Ferrara
NOES: None
ABSENT: Runels, Costello
9, PUBLIC HEARING
9.a, Consideration of Amended Conditional Use Permit Case No. 04-001 to Allow
Financial Institution to Occupy Building "J" of the Five Cities Shopping Center;
911 Rancho Parkway; Wells Fargo Bank.
Associate Planner Heffernon presented the staff report and stated the Planning Commission
recommended the Council adopt a Resolution approving the proposed project, She responded
to questions from Council regarding future occupancy in Phase II, traffic generation figures,
employee parking, automatic teller machine (ATM) lighting standards, loss of sales tax revenue,
and overall parking impacts.
Mayor Ferrara opened the public hearing.
Susan Ambrosia, Wells Fargo Bank Project Manager, stated this would be a traditional bank and
responded to questions regarding employee parking, ATM lighting standards, the issue of sales
tax revenue, and stated that banks typically locate in shopping centers and Wells Fargo would
offer banking services for businesses located in ~e Five Cities Center,
Dave Pintard, Investec, stated that the use would be an asset to the Center and stated retailers
currently located in the Center supported a bank at this location.
Craie Machado,. Via Bandolero, stated that the project impacts his home; spoke about the
existing excessive noise level at Trader Joe's; opposed any use that intensifies the traffic and
noise levels; and stated he would like to see a new traffic study conducted and the noise issues
addressed before approving this project.
Upon hearing no further public comments, Mayor Ferrara closed the public hearing.
Council Member Costello stated that Wells Fargo would probably be a good addition to the
Center that would service the existing commercial facilities in the Center; however, there would
be a trade-off with the loss of sales tax revenue. He stated the bank would draw customers to
the existing retail stores in the Center. He expressed concerns about the project related traffic
and its impact on Rancho Parkway, and stated that he would like to see a new traffic study
before considering the project further,
Council Member Dickens referred to the current projections for sales tax revenue and stated that
a bank could be a benefit to the Center. He stated that he sees a bank as a better use in Phase
_._-~..._- ~-----_.
CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
MAY 25, 2004
PAGE 4
1 of the Center due to the traffic and parking problems the use would create in Phase 2. He
stated that there was a need to conduct a traffic analysis and that he was not prepared to make
a decision until further information was received.
Mayor Pro Tem Lubin stated that Wells Fargo would not be a high volume bank; commented that
the A TM lighting issue was based on State regulations; commented that the building proposed
for occupancy by Wells Fargo has been vacant for more than five years; said he did not want to
assume that this use would impact Pad I; and that the existing parking was adequate. With
regard to the noise factor, he agreed that there were ordinances in place to address high noise
level impacts and that these issues should be referred to the Police Department or City Manager.
In response to questions regarding past and current sales tax revenue projections, City Manager
Adams reported the figures provided by the Financial Services Director for fiscal years 2002-03
and 2003-04.
Mayor Pro Tem Lubin acknowledged that traffic issues exist and stated that the issue was
whether a bank would benefit the City. He said the bank would benefit the City in this location,
on this side of the freeway. He commented that the traffic generation and parking impacts would
be the same or less compared to any retail use.
Mayor Ferrara stated that a bank would be more suitably. located in other locations within Phase
1 of the Center and not at the proposed location in Phase 2. He spoke about the traffic problems
and impacts going across Rancho Parkway from Phase 1 to Phase 2, He suggested that
Investec talk to Wal-Mart representatives for locating a bank in Phase 1 in the empty space next
to Wal-Mart. He said there was a need for low intensity uses in Phase 2. He also requested that
an expanded traffic study be conducted for the entire Center that included driveway counts at
peak periods.
Council Member Costello moved that consideration of Amended Conditional Use Permit Case
No. 04-001 to allow a financial institution to occupy BuildingJ of the Five Cities Shopping Center;
911 Rancho Parkway, Wells Fargo Bank be postponed to a date uncertain until such time a .
traffic study is conducted of conditions on Rancho Parkway and W, Branch Street that takes into
consideration impacts from the proposed project. Council Member Dickens seconded the motion,
and requested further discussion. He stated he had concerns with parking and stated he would
like to see the traffic analysis for Phase II include assumptions for Pad I, as well as include
parking assumptions for Pad I. Council Member Costello agreed to amend his motion to include
a review of traffic and parking issues based upon a plan for the entire Phase II site, including
proposed modifications to Pad I. Council Member Dickens seconded the amended motion, and
on the following roll-call vote, to wit:
AYES: Costello, Dickens. Ferrara
NOES: Lubin
ABSENT: Runels
There being 3 AYES, 1 NO, and 1 ABSENT, the motion is hereby decl~red to be passed.
---_.~._- -~--- .---.----
CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
MAY 25, 2004
PAGE 5
10, CONTINUED BUSINESS
10,a, Consideration of the Arroyo Grande Creek Habitat Conservation Plan.
Assistant City Engineer Mike Linn introduced Doug Bird, Project Manager, and Kate Ballantyne,
Environmental Resource Specialist, who gave a PowerP6int presentation on the Flood Control
Zone 3 Lopez Project relating to water rights and endangered species.
Mr. Bird stated that the presentation would explain what a Habitat Conservation Plan (HCP) is,
why an HCP was prepared, and what the benefits and burdens of an HCP are.
Ms. Ballantyne gave an overview of the HCP, events leading to the preparation of the Arroyo
Grande Creek HCP, proposed mitigation, and the HCP review and approval process.
Mr. Bird explained the HCP's anticipated results, gave an overview of the concerns relating to
water supply and financial impacts, reviewed the HCP schedule of costs, reviewed penalties for
violation of the Endangered Species Act, and explained the next step was to enter into a formal
public review and comment period.
Following the presentation, Mr. Bird and Ms. Ballantyne responded to questions from Council.
Mayor Ferrara opened the item for public comment, and upon hearing none, he closed the public
comment period.
There was no action on this item. The Council received and accepted the San Luis Obispo
County staff presentation on the Arroyo Grande Creek Habitat Conservation Plan.
Mayor Ferrara called for a break at 9:35 p.m. The Council reconvened at 9:45 p.m.
11. NEW BUSINESS
11.a, Consideration of a Cooperative Fire Services Agreement with the City of Grover
Beach and the Reorganization of Code Enforcement,
Director of Building and Fire Fibich presented the staff report and recommended the Council
accept and conceptually approve entering into a cooperative agreement that will allow. the
sharing of the Fire Chiefs and the Administrative Captain's functions and reorganizing the Code
Enforcement function into the Department of Building and Fire.. He introduced City of Grover
Beach Interim Fire Chief Doug Hamp and stated they were available to answer questions. City
Manager Adams then gave an overview of the proposal to transfer code enforcement operations
to the Fire Department. Director of Building and Fire Fibich responded to questions from Council
Members regarding the code enforcement function and responsibilities,
Mayor Ferrara opened the item for public comment.
Dave Crockett, Arroyo Grande Code Enforcement Officer, spoke in opposition to the proposed
restructuring of the Code Enforcement function, gave a presentation and submitted materials for
the record regarding the elimination of the code enforcement officer position (hard copy on file in
the Administrative Services Department).
.------ >-----.
CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
MAY 25, 2004
PAGE 6
Rick SearCY, representing Oceano Community Services District (OCSD), commented that OCSD
and the City of Grover Beach have a current agreement in place to share services. He
requested that as the Arroyo Grande City Council considers entering into an agreement with
Grover Beach, that OCSD wants to continue to be;pvolved in joint training opportunities. He
supported Arroyo Grande's efforts for shared. services and concluded his comments by
suggesting an oversight committee be created to consist of representatives from each Council
and Board.
Bruce Corsaw, representing SEIU Local 620, spoke in opposition to the proposal regarding the
reorganization of code enforcement and requested the Council not accept or approve that
portion of the proposal.
Peaav Wilson, Oceano resident, supported the City's efforts regarding the joint agreement for
fire services. She also supported the expertise of the current Code Enforcement Officer.
Hearing no further public comments, Mayor Ferrara closed the public comment period.
,
Council Member Costello asked questions of staff regarding the benefits to the City of sharing.
fire services; how the code enforcement duties will be managed within the Fire Department;
clarification regarding citation authority; and clarification regarding approval of the proposal by
the Grover Beach City Council. He commented that a cooperative agreement with Grover Beach
is a positive move; encouraged OCSD involvement; and expressed some reservation about code
enforcement; however, he supported staff's recommendation.
Council Member Dickens stated he supported the operational changes with fire services;
however, he was not satisfied that the proposed restructuring of Code Enforcement would
adequately address the expectations of Arroyo Grande residents. He commented that if the
code enforcement component was removed from the proposal, he could support the plan. He
stated that code enforcement requires certain training and expertise. He said there was a lack of
accountability for code enforcement in the proposed reorganization, He suggested moving
forward with the conceptual plan minus the transfer of code enforcement.
Mayor Pro Tem Lubin favored the proposed agreement between the two cities. He stated that
OCSD should be considered, especjally for training opportunities. He asked if the proposed
restructuring of code enforcement had been discussed with the fire personnel and what their
response was. Director of Building and Fire Fibich responded that there had not been any
negative reaction, Mayor Pro Tem Lubin said that from an economic and workload standpoint,
he supported transferring code enforcement to the Fire Department. He acknowledged that it
was difficult to eliminate a position; however, in light of budgetary shortfalls, he supported staff's
recommendation. He supported the fire organization proposal, moving code enforcement to the
Fire Department, and elimination of the code enforcement position.
Mayor Ferrara acknowledged that as far as code enforcement, it is clear that it will continue to
required continuing education and training, He stated that standardization would be required to
maintain a level of proficiency of enforcement. He supported following through with the
conceptual framework as . proposed and stated he would like to see in place an established
procedure for code enforcement which includes training, standardization, and accountability. He
emphasized that he would like to see. that code enforcement efforts are proactive instead of
complaint driven.
----
-
CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
MAY 25, 2004
PAGE 7
Following further discussion, Council Member Dickens moved to accept and conceptually
approve staff's recommendation to enter into a cooperative agreement with the City of Grover
Beach that will allow the sharing of the Fire Chiefs and the Administrative Captain's. functions
and direct staff to return to the Council after one year following the reorganization to revisit the
code enforcement function and determine how it could be transferred into the Dept of Building
and Fire. Council Member Costello seconded the motion, and on the following roll-call vote, to
wit:
AYES: Dickens, Costello
NOES: Lubin, Ferrara
ABSENT: Runels
There being 2 AYES, 2 NOES, and 1 ABSENT, the motion was lost on a tie vote.
Mayor Pro Tem Lubin moved to accept and conceptually approve staff's recommendation to
enter into a cooperative agreement with the City of Grover Beach that will allow the sharing of
the Fire Chiefs and the Administrative Captain's functions and reorganize the Code Enforcement
function into. the Department of Building and Fire. Mayor Ferrara seconded the motion, and on
the following roll-call vote:
AYES: Lubin, Ferrara, Costello
NOES: Dickens
ABSENT: Runels
There being 3 AYES, 1 NO, and 1 ABSENT, the motion is hereby declared to be passed.
11.b, Consideration of Third Quarter Budget Status Report [COUNCIURDA],
Director of Financial Services Snodgrass presented the staff report and recommended the
CounciVRDA Board: 1) Approve detailed budget adjustments and recommendations as shown
on Schedule B; and, 2) Approve Schedules A through E included in the Third Quarter Budget
Status Report.
Mayor/Chair Ferrara opened the item for public comment, and hearing none, he closed the
public comment period.
Mayor Pro TemlVice Chair Lubin moved to approve detailed budget adjustments and
recommendations as shown on Schedule B; and approve Schedules A th~ough E included in the
Third Quarter Budget Status Report. Council/Board Member Dickens seconded the motion, and
on the following roll-call vote:
AYES: Dickens, Lubin, Costello, Ferrara
NOES: None
ABSENT: Runels
There being 4 AYES and 1 ABSENT, the motion is hereby declared to be passed.
----- ---~
--
CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
MAY 25, 2004
PAGE 8
11,c, Consideration of Ten Year Financial Plan, Phase III,
Director of Financial Services Snodgrass gave a presentation of the City. of Arroyo Grande
General Fund Ten Year Financial Plan, Phase III. She gave an overview of the Financial Plan
objectives, reviewed components of the three phase Plan, gave an update on Phase II of the
Plan, and presented needs, goals, and funding strategies for Phase III of the Plan. Staff
recommended the Council receive, provide comments, and accept the Ten Year Financial Plan,
Phase III - Future Needs and Objectives. Staff responded to questions from Council.
Mayor Ferrara opened the item for public comment, and hearing none, he closed the public
comment period.
Council Member Dickens moved to accept the Ten Year Financial Plan, Phase III - Future
Needs and Objectives. Mayor Pro Tem Lubin seconded the motion, and on the following roll-call
vote:
AYES: Dickens, Lubin, Costello, Ferrara
NOES: None
ABSENT: Runels
There being 4 A YES and 1 ABSENT, the motion is hereby declared to be passed.
Pursuant to Council policy, at 12 midnight Mayor Ferrara asked if there was unanimous
consensus of the Council to complete the items on the Agenda. Council Member Dickens
moved to adjourn the meeting and ~ntinue Item 11.d. Consideration of Initiating a General Plan
A!'nendment for Property Located on Noyes Road (APN's: 007-781-055 & 007-781-056) Planned
Development (1,2), City of Arroyo Grande (Castlerock Development), and Item 12. City Council
Repolis to the next regular meeting. Mayor Pro Tem Lubin seconded the motion, and the motion
carried unanimously.
ADJOURNMENT
Mayor/Chair Ferrara adjourned the meeting at 12:06 a.m.
Tony M, Ferrara, Mayor/Chair
ATTEST:
Kelly Wetmore, Director of Administrative Services/
Deputy City Clerk/Agency Secretary
(Approved at CC Mtg )
-~-----_.,---- '---~~~ - "'-~-_._,--_..-
MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
TUESDAY, JUNE 8, 2004
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1, SPECIAL CITY COUNCIL MEETING:
Mayor Ferrara called the meeting to order at 6:31 p,m, Council Members Runels, Dickens and
Costello, City Manager Adams and City Attorney Carmel were present. Council Member Lubin
was absent.
2, PUBLIC COMMENT:
None,
3, CITY COUNCIL CLOSED SESSION:
a, CONFERENCE WITH LABOR NEGOTIATOR pursuant to Govemment Code Section
54956:
Agency Negotiator: Steven Adams
Unrepresented Employees: Management Employee
4, RECONVENE TO OPEN SESSION:
Mayor Ferrara announced that there was no reportable action from the closed session.
5, ADJOURNMENT TO REGULAR CITY COUNCIL MEETING:
The meeting was adjourned at 7:00 p,m,
Tony M, Ferrara, Mayor
ATTEST:
Kelly Wetmore, Director of Administrative Servicesl
Deputy City Clerk
----- ~,--".
MINUTES
REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY
TUESDAY, JUNE 8, 2004
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARR~YQ~.RANDE, CALIFORNIA
1, CALL TO ORDER
Mayor/Chair Ferrara called the Regular City Council/Redevelopment Agency meeting to order at
7:03 p.m,
2. ROLL CALL
City CounciVRDA: CounciVBoard Members Runels, Dickens, Costello, and Mayor/Chair
Ferrara were present. Mayor Pro TemNice Chair Lubin was absent.
City Staff Present: City Manager Adams, City Attomey Carmel, Director of Administrative
Services Wetmore, Director of Building and Fire Fibich, Chief of Police
TerBorch, Director of Public Works Spagnolo, Assistant City Engineer
Linn, Engineering Assistant Pruitt, Community Development Director
Strong, and Assistant Planner Foster.
3, FLAG SALUTE
Charles Howell, Jr. Vice Commander, VFW Post 2829, led the Flag Salute.
4, INVOCATION
Pastor Richard Scham delivered the invocation.
5, SPECIAL PRESENTATIONS
5.a. Presentation of GIS System,
Director of Public Works Spagnolo introduced Assistant City Engineer Mike Linn, Engineering
Assistant Chuck Pruitt, and Assistant Planner Ryan Foster, who would be giving a presentation
of the City's Geographic Information System (GIS),
Assistant City Engineer Linn gave an overview of the definition of GIS, how GIS is used in Arroyo
Grande currently, and demonstrated examples of how the system is used in the Public Works
Department for identifying landmark city trees, storm drain atlas, sanitary sewer atlas, and water
line atlas. He also demonstrated how the system could be used for creating presentations.
Assistant Planner Foster demonstrated how the Community Development Department utilizes
the GIS system for limd use issues and how it could be incorporated into the City's website to
greatly assist the public in obtaining zoning information.
Assistant City Engineer Linn concluded the presentation by giving an overview of how the
system could be expanded in the future.
6, AGENDA REVIEW
6.a, Resolutions and Ordinances Read In Title Only )
Council Member Costello moved, Council Member Runels seconded, and the motion passed
unanimously that all resolutions and ordinances presented at the meeting shall be read in title
only and all further reading be waived.
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CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
JUNE 8, 2004
PAGE 2
7, CITIZENS'INPUT. COMMENTS. AND SUGGESTIONS
John Mack, representing S&S Homes, referred to the Jasmine Place project and asked for the
City's cooperation in allowing placement of a job trailer at the City's Corporation Yard due to lack
of space on their building site. Mayor Ferrara directed staff to contact Mr. Mack to discuss the
issue.
Michael Passarelli, President of the San Luis Obispo Food Bank Coalition, announced that June
was Hunger Awareness Month and spoke about efforts being made to raise awareness about
the problem of hunger in our communities.
Garv Hoffman, Berry Gardens resident, asked when the Council would be discussing the closure
of Courtland Street. Mayor Ferrara informed Mr. Hoffman the item was on tonight's agenda for
consideration.
8. CONSENT AGENDA
CounciVBoard Member Runels moved, and Council/Board Member Dickens seconded the
motion to approve Consent Agenda Items B.a. through 8.1., with the recommended courses of
action. The motion carried on the following roll-call vote:
AYES: Runels, Dickens, Costello, Ferrara
NOES: None
ABSENT: Lubin
8.a, Cash Disbursement Ratification.
Action: Approved the listing of cash disbursements for the period May 16, 2004 through
May 31,2004.
8,b, Statement of Investment Deposits.
Action: Received and filed the report of current investment deposits as of May 31, 2004.
8,c, Consideration of Cash Flow Analysls/Approval of Interfund Advance from the
Water and Water Facility Funds,
Action: Received and filed April 2004 Cash Report and approved the interfund advance
from the Water and Water Facility Funds to cover cash deficit in other funds at April 30;
2004,
8.d, Consideration of Increase In Mileage Reimbursement Rate for Employees and
Volunteers. [COUNCIURDA]
Action: Established 37 .5~ per mile as the employee/volunteer mileage reimbursement
rate for FY 2004-05.
8,e. Consideration of Resolution Supporting the State Local Government Budget
Package.
Action: Adopted Resolution No. 3752 supporting the State Local Government Budget
Package.
8.1, Consideration of Request to Rebroadcast the June 3, 2004 Arroyo Grande
Watershed Forum on the CIty's Cable Television Government Channel,
Action: Approved rebroadcasting the June 3, 2004 Arroyo Grande Watershed Forum on
the City's cable television govemment channel.
9. PUBLIC HEARINGS
None.
---._._~--- ~--_._---_.- -~----_._-_._. .
CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
JUNE 8, 2004
PAGE 3
10. CONTINUED BUSINESS
10,a, Consideration of Initiating a General Plan Amendment for Property Located on
Noyes Road (APN's: 007-781-055 & 007-781-056) Planned Development (1,2), City
of Arroyo Grande (Castlerock Development). .
Community Development Director Strong presented the staff report and responded to questions
from Council regarding the site's previous designation prior to the 2001 General Plan update,
whether the owner had come forward with development plans, and clarification regarding PD 1.2.
Mayor Ferrara explained that what he was asking the Council to consider and approve would be
to allow staff to initiate the General Plan Amendment process that would reduce the density for
the property from Low Density to Very Low Density which would allow for a maximum of up to 21
homes. He stated this process would allow the Planning Commission to hold public hearings,
study the issue, and perhaps make new recommendations. He stated this site is both visually
and environmentally sensitive, is on the City's fringe, and not in the City's core. He commented
that if the City continued to honor and abide by smart-growth principles, there seems to be a
conflict in terms of apprOach. He said there could be some planning deficiencies that need to be
revisited with regard to traffic and infrastructure and this p~ocess would give the City a chance to
consider cumulative traffic impacts in the area that. have occurred over the past three years, He
concluded by asking Council for support in initiating this process.
Council Member Dickens stated that during the 2001 General Plan update process, he had
concerns about the ultimate designation of this parcel due to the unknown environmental
impacts, Meadow Creek, and traffic and circulation cumulative impacts. He concurred with Mayor
Ferrara's concems and supported his request.
In response to a question by Council Member Costello, Director Strong explained the effects the
processing of a General Plan Amendment would have on the applicant's options and processes.
Council Member Costello agreed that it would be prudent to look at cumulative impacts on the
site. He supported the Mayor's request.
Council Member Runels expressed concems about reducing density due to the need for more
homes in the City. He said he could not support the request.
Mayor Ferrara opened the item for public comment, and upon hearing none, he closed the public
comment period,
Mayor Ferrara moved to direct staff. to initiate public hearings to consider a General Plan
Amendment, for an approximately 53 acre property located on the southeast side of Noyes Road
at the northwest edge of the City limits, which is currently designated low Density Residential
and Conservation/Open Space Planned Development. Council Member Dickens seconded
City Attomey Carmel asked for clarification as to the specific proposed change in General Plan
designation for purposes of providing the public with adequate notice, Mayor Ferrara stated that
he proposed to initiate an amendment to change the current General Plan designation to Very
low Density and Conservation/Open Space Planned Development and amended his motion
accordingly. Council Member Dickens seconded the amended motion, and on the following roll-
call vote:
-"._------
CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
JUNE 8, 2004
PAGE 4
AYES: Ferrara, Dickens, Costello
NOES: Runels
ABSENT: Lubin
There being 3 AYES, 1 NO, and 1 ABSENT, the motion is hereby declared to be passed.
10.b, Consideration of Implementation Plan for Code Enforcement Program Changes,
City Manager Adams presented the staff report and recommended the Council approve the
proposed implementation plan for changes to the City's code enforcement program.
Council Member Dickens stated he had one concern that has not been addressed. He said the
community has one point person to address all issues. He stated he would like to see a formal
system in place for the public to know who to contact regarding code enforcement issues. He
liked the idea of a task force and supported the expanding the citation authority process.
City Manager Adams stated that concerns expressed by Council Member Dickens would be
addres~ed in two ways: 1) Public education efforts, and 2) A part-time position dedicated for the
purpose of code enforcement administration, He explained that the part-time position would be
assigned to the Building and Fire Department.
Council Member Costello inquired about citation authority, Chief of Police TerBorch explained
the current structure for citation authority.
Mayor Ferrara opened the item for public comment, and upon hearing none, he closed the public
comment period.
Council Member Runels moved to approve the proposed implementation plan for changes to the
City's code enforcement program and to direct staff to prepare the necessary action items.
Council Member Costello seconded the motion, and on the following roll-call vote:
AYES: Runels, Costello, Dickens, Ferrara
NOES: None
ABSENT: Lubin
There being 4 AYES and 1 ABSENT, the motion is hereby declared to be passed.
Mayor Ferrara called a break at 8:00 p.m. The Council reconvened at 8:05 p.m.
11, NEW BUSINESS
Mayor Ferrara declared a conflict of interest due to ownership of real property near the proposed
project and stepped down from the dais. He designated Council Member Costello as the
Presiding Officer for Item 11.a.
11,a, Consideration of Temporary Use Permit 04-007; Authorization to Close Courtland
Street Between Raspberry and Ash Streets for "Jasmine Place" Grading
Operations, Storm Drainage and Utilities Installation; S&S Homes,
CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
JUNE 8, 2004
PAGE 5
Community Development Director Strong presented the staff report and recommended the
Council adopt a Resolution approving Temporary Use Permit 04-007 and authorizing the closure
of Courtland Street between Raspberry and Ash Streets for a three (3) month time period
commencing June 30, 2004. He also recommended that pedestrian access through Courtland
be restored. by August 15, 2004.
Council comments and discussion ensued regarding pedestrian access, bussing for summer
school students, and the significant impacts that would be created due to a long term street
closure.
Presiding Officer Costello opened the item for public comment.
John Mack, representative for S&S Homes, gave an overview of the infrastructure improvements
that needed to be installed and explained the amount of time that was needed to install the
improvements, He said that their main concems are children and neighborhood safety. He
stated that they could provide a pedestrian link by the time school starts.
Garv Hoffman, resident of Berry Gardens, stated he canvassed the neighborhood and said they
did not want the street to be closed for eight months. He said that was far too long. He stated
that a 30 to 45 day closure was adequate,
Hearing no further public comments, Presiding Officer Costello closed the public comment
period.
Council Member Dickens stated that a three month closure seemed excessive; suggested
property other than public rights of way for staging areas; and stated he would support a 45-day
closure with consideration at that time for an extension.
Further discussion ensued regarding pedestrian access issues, school district concerns, and
what the appropriate amount of time would be for completing the improvements.
John Mack. representing S&S Homes, expressed concems about closing Courtland for such a
short period of time due to noticing requirements.
Following discussion, Council Member Dickens moved to adopt a Resolution as follows: II A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING
TEMPORARY USE PERMIT 04-007. AUTHORIZING THE CLOSURE OF COURTLAND
STREET BETWEEN RASPBERRY AND ASH STREETS FOR "JASMINE PLACE" GRADING
OPERATIONS. STORM DRAINAGE AND UTILITIES INSTALLATION; S&S HOMES", as
amended to add condition #11 as follows: The applicant shall restore pedestrian access to
Courtland Street, to the satisfaction of the Public Works Director, prior to August 21, 2004.
Council Member Runels seconded the motion, and on the following roll-call vote:
AYES: Dickens, Runels, Costello
NOES: None
ABSENT: lubin, Ferrara
There being 3 A YES, and 2 ABSENT, the motion is hereby declared to be passed.
Mayor Ferrara returned to the dais.
--
CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
JUNE 8, 2004
PAGE 6
11.b, Consideration of Cablecastlng Planning Commission Meetings,
City Manager Adams presented the staff report and recommended the Council discuss the
presented information and if the City Council is interested in proceeding with cablecasting of
Planning Commission meetings, direct staff to place this item on the agenda for the upcoming
joint meeting with the Planning Commission for further discussion. He indicated that Steve
Mathieu was present and available to respond to questions.
Council Member Dickens referred to Alternative'2 and asked what the installation timeframe
would be if the mounted camera system were purchased,
Mayor Ferrara opened the item for public comment.
Steve Mathieu, AGP Video, indicated it would be a minimum of three months. He gave an
overview of tlis proposal.
Hearing no further public comments, Mayor Ferrara closed the public comment period.
Council Member Costello moved to instruct staff to put this item on the agenda for the Joint City
Council/Planning Commission meeting, Council Member Runels seconded the motion, and on
the following roll-call vote:
AYES: Costello, Runels. Dickens, Ferrara
NOES: None
ABSENT: Lubin
There being 4 A YES and 1 ABSENT, the motion is hereby declared to be passed.
12, CITY COUNCIL REPORTS
a, MAYOR TONY M. FERRARA:
(1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit
Authority (SLOCOG/SLORT A), Met May 5th - regarding deliberation and
determination of the agreement between the American Land Conservancy and
Hearst Ranch, SLOCOG approved the process to continue forward with the
funding in that agreement; June meeting; Prop 42 and other transportation funds
have been restored.
{2) Integrated Waste Management Authority (IWMA) , Discussed administrative
items; held election of officers for the coming year.
(3) Other. None.
b. MAYOR PRO TEM SANDY LUBIN: (ABSENT)
(1) South County Area Transit (SCAT). None.
(2) Economic Vitality Corporation (EVC), None.
(3) Other. None.
c, COUNCIL MEMBER THOMAS A. RUNELS:
(1) Zone 3 Water Advisory Board. Met in May; Recreation Area revenue is up over
last year; the Lake is 50% full; held election of officers for the coming year.
~--- ~--- --
CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
JUNE 8, 2004
PAGE 7
(2) County Water Resources Advisory Committee (WRAC). No report. .
(3) Other. None.
d, COUNCIL MEMBER JIM DICKENS:
(1) South County Youth Coalition. No report.
(2) South San Luis Obispo County Sanitation District (SSLOCSD). The District
continues to run well within discharge requirements; will be looking at recouping
earthquake damage expenses through FEMA; working on the budget; scheduling
an Open House this summer for tours of the Plant.
(3) Other. Attended Arroyo Grande Watershed Forum, which will be rebroadcast on
the City's government access channel.
e. COUNCIL MEMBER JOE COSTELLO:
(1) Air Pollution Control District (APCD). Met last week; laid off one employee;
dealing with budget cuts. Working on complete elimination of green waste buming
in unincorporated areas.
(2) Other. None.
13, CITY COUNCIL MEMBER ITEMS:
None.
14, CITY MANAGER ITEMS:
a) Consideration of agenda item requests for joint City Council/Planning Commission
Meeting, (ADAMS)
City Manager Adams stated that items regarding HoteVMotel Strategy and televising Planning
. .
Commission meetings would be scheduled for discussion at the Joint City CounciVPlanning
Commission meeting, He asked Council if there were any other issues the Council wanted to
schedule. Council Member Runels asked if staff could provide an update on water availability.
City Manager Adams indicated that item would be added to the agenda.
15. COUNCIL COMMUNICATIONS:
Council Member Costello referred to the letter sent to the Council from Ride On Transportation
requesting p1acement on a future agenda for a presentation. Staff was directed to place this
request on a future agenda.
Mayor Ferrara acknowledged and commended Mr. Bob Lund for his hard work and effort on the
Strawberry Festival. He also acknowledged Kirk Scott and members of the South County
Historical Society regarding the ceremony of dedicating new bam.
16, STAFF COMMUNICATIONS:
City Manager Adams announced that City Hall would be closed on Friday, June 11, 2004 in
observance of a National Day of Moumin9 due to the death of former President Ronald Reagan.
He also announced that the Village Improvement Association would be organizing a memorial in
the Village.
17. COMMUNITY COMMENTS AND SUGGESTIONS:
None.
----~~.- ---.-----...+ ~~
CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
JUNE 8, 2004
PAGE 8
18, ADJOURNMENT
Mayor Ferrara adjourned the meeting at 9:06 p.m.
Tony M. Ferrara, Mayor/Chalr
ATTEST:
Kelly Wetmore, Director of Administrative Servlcesl
Deputy City Clerk/Agency Secretary
(Approved at CC Mtg )
------- --------- --..---
B.d.
MEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER ft--
SUBJECT: CONSIDERATION OF APPOINTMENT TO DOWNTOWN PARKING
ADVISORY BOARD
DATE: JUNE 22, 2004
RECOMMENDATION:
It is recommended the City Council approve the appointment of Greg Moore to the
Downtown Parking Advisory Board as recommended by Mayor Ferrara.
FUNDING:
There is no fiscal impact.
DISCUSSION:
On January 13. 1997, the City Council adopted Ordinance No. 481 C,S. amending the
composition of applicable Commissions and Boards from seven to five members and
adopted Resolution No, 3192 establishing Council policy as it relates to the appointment
procecJure to various Commissions and Boards. 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 of the Council. All
Commission and Board members serve at the pleasure of the Council.
Mayor Ferrara's appointment to the Downtown Parking Advisory Board, Henry
Gonzales, has submitted his resignation effective June 15, 2004. Mayor Ferrara is
recommending the Council approve the appointment of Greg Moore to the Downtown
Parking Advisory Board, replacing Henry Gonzales.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
- Approve the recommended appointment;
- Do not approve the recommended appointment;
- Provide direction to staff,
Attachments:
1. Resignation Letter from Henry Gonzales
2, Application form from Greg Moore
_ __----.......i.._~__., __. _ _~.____.____
TO: Mayor Ferrara and City Council Members
City of Arroyo Grande
SUBJECT: Downtown Parking Advisory Board
DATE: June 15, 2004
Due to business and family responsibilities, I have been unable to attend most of the last
year's meetings of the Downtown Parking Advisory Board. I understand that during the
next year the Village parking issues will require even more frequent meeting schedule.
I regret that I must submit my resignation. I enjoyed being of service and believe that
another Village area businessperson is interested in providing representation.
----.-.,---
, .
CITY OF ARROYO GRANDE
RESERVOIR OF CITIZENS TO SERVE
~ml#!rVfJf)
Planning Commission CITY or ARROYO nr' "t~nC"
.."', \ri.i$;.../L
Parks and Recreation Commission 04 JUN '6 PH ~: 50 Years Lived in Arroyo Grande L
Traffi,c Commission
Senior Advisory Commission Registered Vote7rroyo Grande
Architectural Review Committee Yes No
~ Special committe~Ong Range Pla~ommittee, etc.)
7;>odJ ') Tl>WfI t.c~ MVi'$(t'rfj
NAME ~(;;"6- /It oo1<lt!:'
HOME 5' 2. 1 C lY<BET r CAlVftJ A/ L.j<6/"c;O/S;-
ADDRESS PHONE
.
PRESENT EMPLOYER WIL.L 1.5!- 13E#"v67 .f -
POSITION ;P~€SI,D<E"A/I
BUSINESS ADDRESS 13~ E:B/f'A/f/CH ST: PHONE "7'1-~300
EDUCATIONAL BACKGROUND
High School GlU>ssE f'O/~~ College~ /"Z...(),v,f Sr~n5"
Gncs5C ~~I /1'11
ADDITIONAL EDUCATIONAL INFORMATION '$?ES'o~~1.- Bc-t'''~ L....IC~~ - g I
L/CEh:SeD "/
K'8n.fE'5~?"'F~~ /W 1A 2. ..UCBYSC2::7I'e~ ~~
~~-c.A . /.
COMMUNITY AND CIVIC INTERESTS ~~ //Ytl"Dl/4SP..45' ~ ~ ,.:?7~..6t()!:::~
~5 ;bl/ZLS Ct:hB5 OF5c.o~/lZ. .StI'K:.E ~~/,z./~ /,uI(..t.JS
t.$E/Y'tY'AT ~F .A--t::~T>4LL~ ATO:J f/~ rb~ GY"?~,y"7 ~v/cE
The City Council would like to have the na~es of three (3) Arroyo Grande References:
~ ADDRESS
1. :BoB L0/1/J> I 33 G", B/<~AJdI ~6-9.3~UJ
2. c~t,K A/V.1A=,e?.5 Ltz>S- &,I3~c# 46- "3<f2o
3. {;-IL. cO~4A1 IJp~~XYS-~ I'f6- /3~1
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_ Na..L
Parks and Recreation Commission, Second Wednesday of each month, 6:30 PM Ye~o~
Traffic Commission, the day (Monday) before the third Tuesday of each month, 7:00 PM Ye~No~
Senior Advisory Commission, First Wednesday of each month, 3:00 PM Yes-No 7
Architectural Review Committee First Monday of each month, 3:15 PM Ye~ ,..-
Special Committees (Long Range Planning Committee, etc.) Meeting dates vary Ye~ 0--
Signature ~D'-- 0 Date 6-/krO~
/
The Arroyo Grande City Council requests information about your interest (and education, If applicable), in serving on a
commission or committee, specifically 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.
THIS FORM IS A MATTER OF PUBLIC RECORD
IF APPOINTED. COMPLETION OF A STATE CONFLICT OF INTEREST FORM IS REQUIRED
04/02101
~~-- J
8.e.
MEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGERf~
SUBJECT: CONSIDERATION OF ELIMINATION OF FULL-TIME CODE
ENFORCEMENT OFFICER POSITION AND CREATION OF PART-TIME
NEIGHBORHOOD SERVICES COORDINATOR POSITION
DATE: JUNE 22, 2004
RECOMMENDATION:
It is recommended that the City Council: 1) adopt a resolution eliminating the position of
Code Enforcement Officer and establish a part-time Neighborhood Services Coordinator
position; and 2) approve providing one month of severance pay for the affected
employee.
FUNDING:
The recommendations will result in a savings of approximately $20,000 in FY 2004-05
and $35,000 annually thereafter. These changes will be incorporated in the proposed
adjustments to the FY 2004-05 Annual Budget, which will be presented to the City
Council for consideration at the July 13, 2004 meeting.
DISCUSSION:
At the June 8, 2004 meeting, the City Council approved recommended changes to the
Code Enforcement Program. One of the changes included elimination of the existing
Code Enforcement Officer position and creation of a part-time position, which will be
assigned to the Department of Building and Fire. The attached resolution will
implement these changes.
Under the proposed structure, the Fire engine companies will perform code
enforcement inspections and notices. The purpose of the part-time position will be to
coordinate work involved with cases requiring specialized attention. Therefore, staff
recommends the classification of the new position be titled "Neighborhood Services
Coordinator" in order to reflect both a more customer friendly approach to code
enforcement and that the intent of the position is to be focused more on coordination
than inspection.
The proposed hourly pay rate is based upon the current full-time salary of the Code
Enforcement Officer position. It is recommended the position be funded for 24 hours
per week in order for the part-time position to work three full days per week.
-------
CITY COUNCIL
ELIMINATION OF FULL-TIME CODE ENFORCEMENT POSITION AND CREATION
OF PART-TIME NEIGHBORHOOD SERVICES COORDINATOR
JUNE 22, 2004
PAGE 2
The existing full-time Code Enforcement Officer will have the opportunity to assume the
part-time position. If he selects not to do that, the full-time position will be eliminated
effective September 1, 2004. In addition to the two months notice, I recommend that
the City offer him an additional one-month of severance pay, including salary and
benefits. While not required to do so under the existing SEIU MOU, I believe it is
important for the City to support its employees by providing some level of assistance
with what can be a difficult transition period.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
1. Adopt the attached resolution;
2. Modify as appropriate and adopt the attached resolution;
3. Do not adopt the attached resolution;
4. Provide direction to staff.
!
I
!
U:\Reports\Code Enforcement Officer 6.22.04.doc
------- ---,------- -- .~----
RESOLUTION NO,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ELIMINATING THE CLASSIFICATION OF
CODE ENFORCEMENT OFFICER AND ESTABLISHING THE
POSITION OF NEIGHBORHOOD SERVICES COORDINATOR
WHEREAS, the City Council of the City of Arroyo Grande ("City") deems it in the best
interest of the City that the classification of Code Enforcement Officer be eliminated and
the position of Neighborhood Services Coordinator be established as hereinafter
provided.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo
Grande that:
1. The position of Code Enforcement Officer shall be eliminated effective
September 1, 2004.
2. This Neighborhood Services Coordinator position shall be established effective
September 1, 2004.
3. The position of Neighborhood Services Coordinator shall receive the rate of pay
as follows:
POSITION HOURLY RATE
START 1 YEAR 2 YEARS( +)
PAY SERVICE SERVICE
Neighborhood Services Coordinator $18.19 $20.15 $22.11
On motion of Council Member , seconded by Council Member
, and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of ,2004.
___m --._-~-
RESOLUTION NO,
PAGE 2
TONY M, FERRARA, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED TO AS FORM:
TIMOTHY CARMEL, CITY ATTORNEY
~-~---
8.f.
MEMORANDUM
TO: CITY COUNCIL
FROM: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES~
SUBJECT: CONSIDERATION OF RESOLUTIONS FOR THE 2004 GENERAL
MUNICIPAL ELECTION
DATE: JUNE 22, 2004
RECOMMENDATION:
It is recommended the City Council: 1) Adopt a Resolution calling and giving notice of a
General Municipal Election to be held in the City on Tuesday, November 2, 2004, for the
election of certain officers of the City; and 2) Adopt a Resolution requesting the Board of
Supervisors of the County of San Luis Obispo to consolidate the General Municipal
Election to be held on November 2, 2004, with the Statewide General Election to be
held on the same date pursuant to Section 10403 of the Elections Code.
FUNDING:
An appropriation of $10,000 is needed to fund the November 2004 General Municipal
Election. Such an appropriation is included in the Administrative Services Fiscal Year
2004-05 Budget.
DISCUSSION:
This year, the terms of Mayor Ferrara, Mayor Pro Tern Lubin, Council Member Runels,
Treasurer Janet Huwaldt, and City Clerk Nancy Davis are expiring. The California
Elections Code establishes procedures and requirements for conducting a Municipal
Election. As the first step in the election process, certain resolutions must be adopted by
the local governing agency,
Pursuant to Municipal Code Section 1,08.010, the City's General Municipal Election
shall be held on the same day as, and consolidated with, the Statewide General
Election. Therefore, the City is requesting the County Board of Supervisors consolidate
the City's General Municipal Election with the Statewide General Election on Tuesday,
November 2, 2004, for the purpose of electing a Mayor for a full term of two years, two
members of the City Council for full terms of four years, one Treasurer for a full term of
four years, and one City Clerk for a full term of four years. By consolidating the election
with other jurisdictions, costs to the City are substantially reduced, Following the
election, the County invoices the City for its share of the costs, Based on final costs
incurred in previous elections, staff estimated a cost of $10,000 for the 2004 General
Municipal Election, which the Council approved in the Administrative Services Fiscal
Year 2004-05 Budget.
- -- -----.------^ ------ - ---------------
CITY COUNCIL
2004 GENERAL MUNICIPAL ELECTION
JUNE 22, 2004
PAGE 2
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
- Adopt the Resolutions pertaining to the 2004 General Municipal Election;
- Do not adopt the Resolutions; or
- Provide direction to staff.
.._--_.~----_.__.-
RESOLUTION NO, -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE, CALIFORNIA, CALLING AND GIVING NOTICE OF THE
HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 2,2004, FOR THE ELECTION OF CERTAIN
OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF
THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to General Law Cities in the State
of California, a General Municipal Election shall be held on November 2, 2004, for the
election of Municipal Officers; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
1. That pursuant to the requirements of the laws of the State of California relating to
General Law Cities, there is called and ordered to be held in the City of Arroyo
Grande, California on Tuesday, November 2, 2004, a General Municipal Election
for the purpose of electing a Mayor for the full term of two years; two Members of
the City Council each for the.full term of four years; a Treasurer for the full term
of four years; and a City Clerk for the full term of four years,
2. That the ballots to be used at the election shall be in form and content as
required by law.
3. That the Director of Administrative Services/City Elections Official is authorized,
instructed and directed to procure and furnish any and all official ballots, notices,
printed matter and all supplies, equipment and paraphernalia that may be
necessary in order to properly and lawfully conduct the election.
4. That the polls for the election shall be open at seven o'clock a.m. on the day of
the election and shall remain open continuously from that time until eight o'clock
p.m, of the same day when the polls shall be closed, except as provided in
~14401 ofthe Elections Code ofthe State of California.
5. That in all particulars not recited in this Resolution, the election shall be held and
conducted as provided by law for holding municipal elections.
6. That notice of the time and place of holding the election is given and the Director
of Administrative Services/City Elections Official is authorized, instructed and
directed to give further or additional notice of the election, in the time, form and
manner as required by law.
- -------------..------- ._--_.._.._"._~---- -~--
RESOLUTION NO. -
PAGE 2
7. That the Director of Administrative Services/Deputy City Clerk shall certify to the
passage and adoption of this Resolution and enter it into the book of original
Resolutions.
On motion of Council Member , seconded by Council Member , and on
the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this _ day of June, 2004.
---- --_..__._---_.-._-~--_.._-
RESOLUTION NO.
PAGE 3
TONY M, FERRARA, 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
.
I
RESOLUTION NO, -
A RESOLUTI.ON OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO
CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 2, 2004, WITH THE STATEWIDE GENERAL ELECTION
TO BE HELD ON THE SAME DATE PURSUANT TO 510403 OF THE
ELECTIONS CODE
WHEREAS, the City Council of the City. of Arroyo Grande, called a General Municipal
Election to be held on November 2, 2004, for the purpose of the election of a Mayor,
two Members of the City Council, a Treasurer, and a City Clerk; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the
Statewide General Election to be held on the same date and that within the City the
precincts, polling places and election officers of the two elections be the same, and that
the County Election Department of the County of San Luis Obispo canvass the returns
of the General Municipal Election and that the election be held in all respects as if there
were only one election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
1. That pursuant to the requirements of ~ 10403 of the Election Code, the Board of
Supervisors of the County of San Luis Obispo is hereby requested to consent
and agree to the consolidation of a General Municipal Election with the Statewide
General Election on Tuesday, November 2, 2004, for the purpose of electing a
Mayor, two Members of the City Council, a Treasurer, and a City Clerk.
2. That the County Election Department is authorized to canvass the returns of the
General Municipal Election. The election shall be held in all respects as if there
were only one election, and only one form of ballot shall be used.
3. That the Board of Supervisors is requested to issue instructions to the County
Election Department to take any and all steps necessary for the holding of the
consolidated election.
4. That the City of Arroyo Grande recognizes that additional costs will be incurred
by the County by reason of this consolidation and agrees to reimburse the
County for any such additional costs.
5. That the Director of Administrative Services/City Elections Official is hereby
directed to file a certified copy of this Resolution with the Board of Supervisors
and the County Election Department of the County of San Luis Obispo.
-,"~_.._-
RESOLUTION NO.
PAGE 2
6. That the Director of Administrative Services/Deputy City Clerk shall certify to the
passage and adoption of this Resolution and enter it into the book of original
resolutions.
On motion by Council Member , seconded by Council Member , and on
the following roll-call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this _ day of June, 2004.
---- ------.------
RESOLUTION NO.
PAGE 3
TONY M. FERRARA, 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
---------. ---
8_g_
MEMORANDUM
TO: CITY COUNCIL
RICI< TerBORCH, CHIEF OF POLICE rn6
FROM:
SUBJECT: CONSIDERATION OF DISPOSAL OF SURPLUS BICYCLES
DATE: JUNE 22, 2004
RECOMMENDATION:
It is recommended the City Council adopt a resolution declaring the listed bicycles as
surplus for donation to the San Luis Obispo County Sheriffs Office to be refurbished and
donated to needy children.
FUNDING:
There are no costs to the City associated with this proposal. In that it has been the City
Council's past policy to donate the bicycles to the Sheriffs Office, the City does not budget
any revenues to be derived from a bicycle auction.
DISCUSSION:
As has been done in past years, the Police Department is requesting that all unclaimed
bicycles that have been in the Department's custody in excess of 90 days be declared
surplus. These bicycles have been turned in over the past year as found or were reported
stolen and recovered by the Police Department. Attempts to locate owners and/or return
the bicycles to their owners have been made, but the bicycles remain unclaimed. Due to
limited storage space for bicycles, it is necessary to dispose of those bicycles held in
excess of 90 days.
Upon being declared surplus, the bicycles will be donated to the Sheriffs Department.
There the bicycles will be renovated by prisoners at the County Sheriffs Honor Farm and
subsequently donated to needy children during the HQliday Season. In past years, some of
these donated bicycles have been returned to the Police Department to be given as gifts to
needy children during the "Santa Cop" Program.
The surplus bicycles are:
CASE # MANUFACTURER SERIAL # COLOR
0301294 Mongoose M02000718 Black
0301803 Huffy K65469063722H4377 Black
0301408 Next L30514843 Red
----------~-_. --
CITY COUNCIL
CONSIDERATION OF DISPOSAL OF SURPLUS BICYCLES
JUNE 22, 2004
PAGE 2
CASE # MANUFACTURER SERIAL # COLOR
0400095 Next 99TD953516 Slue
0400060 Pacific HH0826806 Silver
0400353 Schwinn 4186969 Slack
0400387 Focus 02TD333026 Camouflage
0400386 Gogo AL2007279 Blue
0400278 Trek G47W5235 Slack
0400129 Huffy K66799035913F0931 Blue
0400614 Unknown Not Found Silver
0400199 AMX C3AC031664 Slue
0400350 FS Elite 9276612H4106 Slue
0400354 Schwinn Not Found Slack
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
- Approve staff's recommendation;
- Do not approve staff's recommendation;
- Modify as appropriate and approve staff's recommendation; or
- Provide direction to staff.
-- -
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DECLARING SURPLUS PROPERTY TO
BE DONATED TO THE SAN LUIS OBISPO COUNTY
SHERIFF'S DEPARTMENT PROGRAM TO REFURBISH
BICYCLES FOR NEEDY CHILDREN
WHEREAS, the City of Arroyo Grande has certain bicycles that have been turned in to the
Police Department as found items, or for other reasons, and not claimed by the owners;
and
WHEREAS, the San Luis Obispo County Sheriffs Department is conducting a program to
rehabilitate bicycles and donate them to needy children; and
WHEREAS, in past years, some of these donated bicycles have been returned to the
Arroyo Grande Police Department to be given as gifts to needy children during the "Santa
Cop" Program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
does declare as surplus the property listed in Exhibit "A" attached hereto and incorporated
herein; and
BE IT FURTHER RESOLVED that the bicycles declared herein as surplus be donated to
the San Luis Obispo County Sheriffs Department for rehabilitation and distribution to
needy children.
On motion of Council Member , seconded by Council. Member , and on
the fOllowing roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of ,
2004.
--_..--_._~-------- --------
RESOLUTION NO,
PAGE 2
TONY M, FERRARA, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J, CARMEL, CITY ATTORNEY
- - - ------.-.-'...-'- -.---.-....-.---- ---
EXHIBIT "A"
The following listed bicycles have been held for 90 days or longer with no owners located.
It is requested that these case numbers be declared as surplus, to be turned over to the
Sheriffs Department to be refurbished for needy children:
CASE # MANUFACTURER SERIAL # COLOR
0301294 Mongoose M02000718 Black
0301803 Huffy K65469063722H4377 Black
0301408 Next L30514843 Red
0400095 Next 99TD953516 Blue
0400060 Pacific HH0826806 Silver
0400353 Schwinn 4186969 Black
0400387 Focus 02TD333026 Camouflage
0400386 Gogo AL2007279 Blue
0400278 Trek G47W5235 Black
0400129 Huffy K66799035913F0931 Blue
0400614 Unknown Not Found Silver
0400199 AMX C3AC031664 Blue
0400350 FS Elite 9276612H4106 Blue
0400354 Schwinn Not Found Black
----------
8.h.
MEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER~ \
SUBJECT: CONSIDERATION OF SALARY ADJUSTMENT FOR MANAGEMENT
EMPLOYEES
DATE: JUNE 22, 2004
RECOMMENDATION:
It is recommended the City Council adopt the attached resolution approving a 3% "Cost
of Living Adjustment" (COLA) for management employees for FY 2004-05.
FUNDING:
The cost impact of the recommendation is approximately $51,000 for FY 2004-05.
Funding will be allocated in the proposed adjustments to the FY 2004-05 budget, which
will be presented to the City Council at the July 13, 2004 meeting.
DISC.USSION:
Management compensation is reviewed on an annual basis and adjustments are
normally recommended in conjunction with the annual budget process. The City's
current salary and classification system was structured based on a compensation and
classification study completed by Ralph Andersen & Associates in September 1997. As
noted in the study, the goals of the City's compensation plan are to:
. Ensure that the City has the ability to attract and retain well-qualified personnel
for all job classes;
. Ensure that the City's compensation practices are competitive with those of
comparable employers;
. Provide defensibility to City salary ranges based on the pay practices of similar
employers; and
. Ensure pay consistency and equity among related classes based on the duties
and responsibilities assumed.
In order to maintain these goals, the attached resolution will implement a 3% "Cost of
Living Adjustment" (COLA) effective July 1, 2004, which will apply to all full-time
employees in the Management classification.
~__"___w'_._ -~--"- _____...____..____1
CITY COUNCIL
MANAGEMENT SALARY ADJUSTMENT
JUNE 22, 2004
PAGE 2
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
- Adopt resolution approving the 3% COLA as outlined above;
- Modify as appropriate and adopt the resolution;
- Do not adopt the resolution;
- Provide direction to staff.
RESOLUTION NO,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADOPTING SALARY ADJUSTMENTS
FOR MANAGEMENT EMPLOYEES FOR FISCAL YEAR
2004-05
. WHEREAS, the City Council of the City of Arroyo Grande ("City") deems it in the best
interest of the City that compensation and benefits for Management employees be
adjusted as hereinafter provided.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande
that:
1. All full-time management classifications shall receive a salary Cost of Living
Adjustment (COLA) of 3% to be effective for the pay period beginning July 1, 2004.
On motion of Council Member seconded by Council Member
and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of ,2004.
---------------_..- -- ----.---- -~~.- "-..--
RESOLUTION NO,
TONY M, FERRARA, MAYOR
ATTEST:
KELL Y WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J, CARMEL, CITY ATTORNEY
--~._- -_..~_. -- ----..-
8.1.
MEMORANDUM
TO: CITY COUNCIL
FROM: DON SPAGNOLO, PUBLIC WORKS DIRECTOR/CITY ENGINEER IJf
SUBJECT: CONSIDERATION TO APPROVE A CONSULTANT SERVICES
AGREEMENT WITH TENERA ENVIRONMENTAL TO PROVIDE
SERVICES IN CONJUNCTION WITH THE ANNUAL CREEK CLEANING
PROGRAM
DATE: JUNE 22, 2004
RECOMMENDATION:
It is recommended the City Council:
A. approve a consultant services agreement with Tenera Environmental for services
in conjunction with the annual creek cleaning program in the amount of
$13,295.00; and,
B. authorize the Mayor to execute the agreement.
FUNDING:
Funding in the amount of $18,000 has been included in the Public Works FY 2004/05
operating budget.
DISCUSSION:
On June 8, 2004, the City Council authorized the solicitation of bids for environmental
services to be performed in conjunction with the annual creek cleaning program. Bid
packages were sent to five firms. The City received two proposals, T enera
Environmental and the Morro Group. The proposals were evaluated and Tenera
Environmental was selected as the most qualified firm to perform the work. T enera
Environmental has performed this service for the City for the last two years. The
services to be performed include conducting pre-construction surveys, training and
monitoring. Work will begin July 1, 2004 and be completed prior to October 15, 2004.
ALTERNATIVES:
The following alternatives are provided for Council consideration:
. Approve staffs recommendation and award the bid;
. Do not approve staffs recommendation;
. Modify staffs recommendation as appropriate and award bid;
. Provide direction to staff.
Attachments:
1. Bid Opening Log Sheet
2. Consultant Services Agreement
.
REQUEST FOR PROPOSAL LOG. SHEET
CITY OF ARROYO GRANDE
RFP DEADLINE: June 10,2004,2:00 p,m,
Creek Environmental Services
SUBMITTED BY:
Tenera Environmental $13,295.00
San Luis Obispo, CA
Morro Group, Inc. $23,125.00
San Luis Obispo, CA
~v {)jpiu~
Kelly Wetmc{re .
Dire~tor of Administrative Services/Deputy City Clerk
c: Director of Public Works
Public Works Supervisor
City Manager
-~.__.- ----._-- -------- .-- ~
CONSULTANT SERVICES AGREEMENT
This Agreement is made upon the date of execution, as set forth below, by and between TEN ERA
ENVIRONMENTAL (hereinafter referred to as "CONSULTANT"), and the CITY OF ARROYO GRANDE, a
Municipal Corporation (hereinafter referred to as "CITY"). The parties hereto, in consideration of the mutual
covenants contained "herein, hereby agree to the following terms and conditions:
1.00 GENERAL PROVISIONS
1.01 TERMS: This Agreement will become effective on the date of execution set forth below,
and will continue in effect until terminated as provided herein.
1.02 CONTRACT COORDINATION
a. CJIY. The DIRECTOR OF PUBLIC WORKS shall be the representative of CITY
for all purposes under this Agreement. The Director of Public Works, or his designated representative,
hereby is designated as the Contract Manager for the CITY. He shall superVise the progress and execution
of this Agreement.
b. CONSULTANT. CONSULTANT shall assign a single Contract Manager to have
overall responsibility for the progress and execution of this Agreement for C~NSUL TANT. DAN DUGAN is
hereby designated as the Contract Manager for CONSULTANT. Should circumstances or conditions
subsequent to the execution of this Agreement require a substitute Contract Manager for any reason, the
Contract Manager designee shall be subject to the prior written acceptance and approval of the CITY'S
Contract Manager.
1.03 SFRVICES TO HF; PERFORMED BY CONSULTANT: CONSULTANT agrees to perform
or. provide the services specified in the letter dated ~une 10, 2004 attached. hereto as Exhibit "A" and
incorporated herein by this reference.
CONSULTANT shall determine the method, details and means of performing the above-referenced
services.
CONSULTANT may, at CONSULTANT'S own expense, employ such assistants, as CONSULTANT
deems necessary to perform the services required of CONSULTANT by this Agreement. CITY may not
control, direct or supervise CONSULTANTS assistants or employees in the performance of those services.
1.04 COMPENSATION: In consideration for the services to be performed by CONSULTANT,
CITY agrees to pay CONSULTANT the consideration set forth in the amounts and under the terms provided
in Exhibit "A" attached hereto and incorporated herein by this reference.
2.00 OBliGATIONS OF CONSULTANT
2.01 MINIMUM AMOUNT OF SERVICE BY CONSULTANT: CONSULTANT agrees to devote
the hours necessary to perform the services set forth in this Agreement in an efficient and effective manner.
CONSULTANT may represent, perform services for and be employed by additional individuals or entities, in
CONSULTANT'S sole discretion, as long as the performance of these extra-contractual services does not
interfere with or present a conflict with CITY'S business.
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2.02 TOOl SAND INSTRUMFNTAIITIES: CONSULTANT shall provide all tools and
instrumentalities necessary to perform the services under this Agreement.
2.03 L AW~ TO BE OBSERVED. CONSULTANT shall:
a. Procure all permits and licenses, pay all charges and fees. and give all notices
which may be necessary and incidental to the due and lawful prosecution of the services to be performed by
. CONSULTANT under this Agreement;
b. Keep itself fully informed of all existing and proposed federal, state and local laws,
ordinances. regulations, orders, and decrees which may affect those engaged or employed under this
Agreement, any materials used in CONSULTANTS performance under this Agreement, or the conduct of
the services under this Agreement;
c. At all times observe and comply with, and cause all of its employees to observe and
comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above;
d. Immediately report to the CITY'S Contract Manager in writing any discrepancy or
inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in
relation to any plans, drawings, specifications, or provisions of this Agreement.
2.04 RFLr=ASE OF REPORTS AND INFORMATION. Any video tape, reports, information, data,
or other material given to, or prepared or assembled by, CONSULTANT under this Agreement shall be the
property of CITY and shall not be made available to any individual or organization by CONSULTANT without
the prior written approval of the CITY'S Contract Manager.
2.05 COPIES OF VIDEO TAPES. REPORTS AND INFORMATION. If CITY requests additional
copies of videotapes, reports, drawings, specifications, or any other material in addition to what the
CONSULTANT is required to furnish in limited quantities as part of the services under this Agreement,
CONSULTANT shall provide such additional copies as are requested, and. CITY shall compensate
CONSULTANT for the costs of duplicating of such copies at CONSULTANTS direct expense.
2.06 QUAliFICATIONS OF CONSULTANT. CONSULTANT represents that it is qualified to
furnish the services described under this Agreement.
2.07 WORKERS' COMPENSATION AND OTHER EMPLOVEE BENEFITS: CITY and
CONSULTANT intend and agree that CONSULTANT is an independent contractor of CITY and agrees that
CONSULTANT and CONSULTANT'S employees and agents have no right to Workers' Compensation and
other employee benefits. If any worker insurance protection is desired, CONSULTANT agrees to provide
Workers' Compensation and other employee benefits, where required by law, for CONSULTANT'S
employees and agents. CONSULTANT agrees to hold harmless and indemnify CITY for any and all claims
arising out of any claim for injury, disability, or death of CONSULTANT and CONSULTANTS employees or
agents.
2.08 INDEMNIFICATION: CONSULTANT hereby agrees to, and shall, hold CITY, its elective
and appointive boards, officers, agents and employees, harmless and shall defend the same from any liability
for damage or claims' for damage, or suits or actions at law or in equity which may allegedly arise from
CONSULTANT'S or any of CONSULTANT'S employees' or agents' operations under this Agreement,
whether such operations be by CONSULTANT or by anyone or more persons directly or indirectly employed
by, or acting as agent for, CONSULTANT provided as follows:
-_.__._-~ __,____._,_._~.__,_r
a. That CITY does not, and shall not, waive any rights against CONSULTANT which it
may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by CITY, or the
deposit with CITY by CONSULTANT, of any of the insurance policies hereinafter described.
b. That the aforesaid hold-harmless agreement by CONSULTANT shall apply to all
damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any
of the aforesaid operations of. CONSULTANT or any agent or employee of CONSULTANT regardless of
whether or not such insurance policies shall have been determined to be applicable to any of such damages
or claims for damages.
2.09 IN~lJRANCE: CONSULTANT shall not commence work under this Agreement until it has
obtained all insurance required under this section and such insurance shall have been approved by CITY as
to form, amount and carrier.
a. Public Liability and Property Damage Insurance. CONSULTANT shall take out and
maintain during the life of this Agreement such public liability and property damage insurance as shall protect
CITY, its elective and appointive boards, officers, agents and employees, and CONSULTANT and any
agents and employees performing work covered by this Agreement from claims for damages for personal
injury, including death, as well as from claims for property damage which may arise from CONSULTANTS or
any subcontractor's operations under this Agreement, whether such operations be by CONSULTANT or by
anyone directly or indirectly employed by CONSULTANT and the amounts of such insurance shall be as
follows:
(1) Public Liability Insurance. In an amount not less than $1,000,000 for
injuries, including, but not limited to, death to anyone person and, subject to the same limit for each person,
in an amount not less than $1,000,000 on account of anyone occurrence:
(2) Property Damage Insurance. In'an amount of not less than $1,000,000 for
damage to the property of each person on acCount of anyone occurrence.
(3) Comprehensive Automobile liability. . Bodily injury liability coverage of
$1,000,000 for each person in anyone accident and for injuries sustained by two or more persons in anyone
accident Property damage liability of $1 ,000,000 for each accident
(4) Workers' Compensation Insurance. In the amounts required by law as set
forth in Section 2.03 above.
b. Oeductibles and Self-Insured Retentions. Any deductible or self-insured retention
must be declared to, and approved by, CITY. 'CITY may require that either the insurer reduce or eliminate
such deductibles or self-insured retentions as respects CITY, its elected or appointed officials, employees,
agents or volunteers; or CONSULT ANT shall procure a bond guaranteeing payment of all losses, and related
investigation, claims administration and legal expenses.
c. Proof of Insurance. CONSULTANT shall furnish CITY, concurrently with the
execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance
that each carrier will give CITY at least thirty (30) days' prior notice of the cancellation of any policy during the
effective period of this Agreement The certificate or policy of liability of insurance shall name CITY as an
additional insured with CONSULTANT.
3.00 TIME FOR COMPLETION OF THE WORK
Program scheduling shall be as described in Exhibit "A" unless revisions to the exhibit are approved
by the CITY'S Contract Manager and CONSULTANTS Contract Manager.
Time extensions may be allowed for delays caused by CITY, other governmental agencies, or
factors not directly brought about by the negligence or lack of due care on the part of the CONSULTANT.
4.00 TEMPORARY SUSPENSION
The CITY'S Contract Manager shall have the authority to suspend this Agreement wholly or in part,
for such period, as sh~ deems necessary due to unfavorable conditions or to the failure on the part of the
CONSULTANT to perform any provision of this Agreement. CONSULTANT will be paid the compensation
due and payable to the date of temporary suspension.
5.00 INSPECTION
CONSULTANT shall furnish CITY with every reasonable opportunity for CITY to ascertain that the
services of CONSULTANT are being performed in accordance with the requirements and intentions of this
Agreement. All work done and all materials furnished, if any, shall be subject to the CITY'S Contract
Manager's inspection and approval. The inspection of such work shall not relieve CONSULTANT of any of
its obligations to fulfill its Agreement as prescribed.
6.00 OWNERSHIP OF MATF;RIAI S
All original drawings, videotapes and other materials prepared by or in possession of CONSULTANT
pursuant to this Agreement shall become the permanent property of the CITY, and shall be delivered to the
CITY upon demand.
7.00 OBLIGATIONS OF CITY
7.01 COOPERATION: CITY agrees to comply with all reasonable requests of CONSULTANT
necessary to the performance of CONSUL TANrS duties under this Agreement.
8.00 TERMINATION OF AGREEMENT
8.01 TERMINATION OF NOTICE. Notwithstanding any other provision of this Agreement, any
party hereto may terminate this Agreemen~ at any time, without cause by giving at least thirty- (30) days prior
written notice to the other parties to this Agreement.
8.02 T~RMINATION ON OCCURRENCE OF STATED EVENTS. This Agreement shall
terminate automatically on the occurrence of any of the following events:
a. Bankruptcy or insolvency of any party;
b. Sale of the business of any party;
c. Death of any party;
d. End of the Agreement to which CONSULT ANrS services were necessary: or
e. Assignment of this Agreement by CONSULTANT without the consent of CITY.
8.03 TERMINATION BY ANY PARTY FOR DEFAULT OF CONSULTANT: Should any party
default in the performance of this Agreement or materially breach any of its provisions, a non-breaching
party, at its option, may terminate this Agreement, immediately, by giving written notice of termination to the
breaching party.
8.04 TERMINATION: This Agreement shall terminate on upon completion of services unless
extended as set forth in this section. CITY. with the agreement of CONSULTANT. is authorized to extend
the term of this Agreement beyond the termination date. as needed. under the same terms and conditions
set forth in this Agreement. Any such extension shall be in writing and be an amendment to this Agreement.
---~ -- -----..---------
8.05 R~TlJRN OF MAT~RIALS.
Upon such termination, CONSULTANT shan turn over to the CITY immediately any and all
copies of videotapes, studies, sketches, drawings, computations, and other data, whether or not completed,
prepared by CONSULTANT, and for which CONSULTANT ~as received reasonable compensation,.orgiven
to CONSULTANT in connection with this Agreement. S~ch materials shall become the permanent property
of CITY. CONSULTANT, however, shall not be liable for CITY'S use of incomplete materials or for CITY'S
use of complete documents if used for other than the project or scope of services contemplated by this
Agreement.
9.00 SP~CIAL .PROVISIONS
9.01 INTER~ST OF cnN~UI T ANT
CONSULTANT covenants that it presently has no interest, and shall not acquire any
interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the
performance of the services hereunder. CONSULTANT further covenants that, in the performance of this
Agreement, no subcontractor or person having such an interest shall be employed. CONSULTANT certifies
that no one who has or will have any financial interest under this Agreement is an officer or employee of
CITY. It is expressly agreed that, in the performance of the services hereunder, CONSULTANT shall at all
times be deemed an independent contractor and not an agent or employee of CITY.
9.02 DI~CRIMINATION
No discrimination shall be made in the employment of persons under this Agreement
because of the race, color, national origin, ancestry, religion or sex of such person.
If CONSULTANT is found in violation of the nondiscrimination provisions of the State of
California Fair Employment Practices Act or similar provisions of federal law or executive order in the
performance of this Agreement, it shall thereby be found in material breach of this Agreement. Thereupon,
CITY shall have the power to cancel or suspend this Agreement, in whole or in part, or to deduct from the
amount payable to CONSULTANT the sum of Twenty-five Dollars ($25) for each person for each calendar
day during which such person was discriminated against, as damages for said breach of contract, or both.
Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal
agency or officer shall constitute evidence of a violation of contract under this paragraph.
If CONSULTANT is fou.nd in violation of the nondiscrimination provisions of this Agreement
or the applicable affirmative action guidelines pertaining to this Agreement, CONSULTANT shall be found in
material breach of the Agreement. Thereupon, CITY shall have the power to cancel or suspend this
Agreement, in whole or in part, or to deduct from the amount. payable to CONSULTANT the sum of Two
Hundred Fifty Dollars ($250) for each calendar day during which CONSULTANT is found to have been in
such noncompliance as damages for said breach of contract, or both.
10.00 MISCFI L AN~OlJS
10.01 R~M~DIES: The remedies set forth in this Agreement shall not be exclusive but shall be
cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity.
10.02 NO WAIVER: The waiver of any breach by any party of any provision of this Agreement
shall not constitute a continuing waiver or a waiver of any subsequent breach of this Agreement.
10.03 ASSIGNMFNT: This Agreement is specifically not assignable by CONSULTANT to any
person or entity. Any assignment or attempt to assign by CONSULTANT, whether it be voluntary or
involuntary, by operation of law or otherwise. is void and is a material breach of this Agreement giving rise to
a right to terminate as set forth in Section 8.03.
10.04 A TTORNEV FEFS: In the event of any controversy, claim or dispute between the parties
hereto, arising out of or relating to this Agreement, or the breach thereof, the prevailing party shall be entitled,
in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees.
10.05 TIME FOR PERFORMANCE: Except as otherwise expressly provided for in this
. Agreement, should the performance of any act required by this Agreement to be performed by either party be
prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials,
or any other cause except financial inability not the fault of the party required to perform the act, the time for
performance of the act will be extended for a period of time equivalent to the period of delay and
performance of the act during the period of delay will be excused; provided, however, that nothing contained
in this section shall exclude the prompt payment by either party as required by this Agreement or the
performance of any act rendered difficult or impossible solely because of the financial condition of the party
required to perform the act.
10.06 NOTICES: Except as otherwise expressly provided by law, any and all notices or other
communications required or permitted by this Agreement or by law to be served on or given to any party to
this Agreement shall be in writing and shall be deemed duly served and given when personally delivered or in
lieu of such personal service when deposited in the United States mail, first-class postage prepaid to the
following address for each respective party:
CITY: City of Arroyo Grande
P.O. Box 550
Arroyo Grande, CA 93421-0550
CONSULTANT: Tenera Environmental
225-D Prado Road
San Luis Obispo, CA 93401
10.07 GOVFRNING I AW: This Agreement and all matters relating to this Agreement shall be
govemed by the laws of the State of California in force at the time any need for the interpretation of this
Agreement or any decision or holding concerning this Agreement arises.
10.08 BINDING EFFECT: This Agreement shall be binding on and shall inure to the benefit of the
heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this section
shall be construed as a consent by CITY to any assignment of this Agreement or any interest in this
Agreement.
10.09 SBlERARII !TV: Should any provision of this Agreement be held by a court of competent
jurisdiction or by a legislative or rule making act to be either invalid, void or unenforceable, the remaining
provisions of this Agreement shall remain in full force and effect, .unimpairecJ by the holding, legislation or
rule.
10.10 SOLE AND ENTIRE AGRFFMENT: This Agreement constitutes the sole and .entire
agreement between the parties with respect to the subject matter hereof. This Agreement correctly sets forth
the obligations of the parties hereto to each other as of the date of this Agreement. All agreements or
representations respecting the subject matter of this Agreement not expressly set forth or referred to in this
Agreement are null and void.
10.11 IIME: Time is expressly declared to be of the essence of this Agreement.
10.12 DUE AUTHORITY: The parties hereby represent that the individuals executing this
Agreement are expressly authorized to do so on and in behalf of the parties.
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10.13 CONSTRUCTION: The parties agree that each has had an opportunity to have their
counsel review this Agreement and that any rule of construction to the effect that ambiguities are to be
resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments
or exhibits thereto. The captions of the sections are for convenience and reference only, and are not
intended to be construed to define or limit the provisions to which they relate. .
10.14 AMENDMENTS: Amendments to this Agreement shall be in writing and shall be made only
with the mutual written consent of all of the parties to this Agreement.
Executed on 6/22/04, at Arroyo Grande, California.
CITY OF ARROYO GRANDE
Tony M. Ferrara, Mayor
ATTEST:
Kelly Wetmore, Director of Administrative Services!
Deputy City Clerk
CONSULTANT
Principal
APPROVED AS TO CONTENT
Steven Adams, City Manager
APPROVED AS TO FORM:
Timothy J. Carmel, City Attorney
~--"--~- ---,---.-
EXHIBIT "A"
Scope of Work
Scope of Services:
Conduct pre-construction surveys, training and" monitoring for the City of Arroyo Grande's Stream
Maintenance Project on Meadow Creek, Tally Ho Creek, and Arroyo Grande Creek, all located within San
Luis Obispo County.
Total Cost for Services:
'Estimated cost not to exceed $13,295.00
Other Provisions:
Proof of Insurance shall be, provided to the City in the limits set forth in Section 2.09 of the Consultant
Services Agreement. General Liability Insurance - $1,000,000.00 minimum (statutory limit).
--"-_.-.._--~- .- - --.---
8.).
MEMORANDUM
TO: CITY COUNCIL
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~
SUBJECT: CONSIDERATION OF AUTHORIZATION TO SOLICIT BIDS FOR THE
VALLEY GARDENS PAVING PROJECT, PW 2004-04
DATE: JUNE 22, 2004
RECOMMENDATION:
It is recommended the Council:
A.authorize the Public Works Department to solicit public construction bids for the
Valley Gardens Paving Project, PW 2004-04;
B. find that the project is categorically exempt from CEQA pursuant to Section
15301 (c); and,
C. direct the Director of Administrative Services to file a Notice of Exemption.
FUNDING:
The proposed FY 2004/05 Capital Improvement Program budget includes $210,000 for
the Annual Street Maintenance Project of the Pavement Management Program. The
estimated cost for the project is $200,000.
DISCUSSION:
The plans and specifications for the Valley Gardens Paving Project have been
completed and are ready for public bid. The project scope of work will include an
asphalt concrete overlay and miscellaneous concrete repairs on Leanna Drive,,!- .
Turquoise Drive, Pearl Drive, Diamond Circle and Opal Circle. The Valley Gardens
Tract was originally constructed in the 1950's and the streets have deteriorated beyond
a point where routine maintenance can improve the quality of the streets. Based on the
condition of roadways in this area, staff has determined it to be the highest priority for
street improvements at this time.
Many options were considered to rehabilitate the existing streets within the Valley
Gardens Tract, including Base Stabilization, Asphalt Overlay, and Micro-surfacing. An
Asphalt Overlay was selected as the most cost-effective means to improve the quality
of the streets.
--,~-_..- ---~~.._"-
CITY COUNCIL
CONSIDERATION OF AUTHORIZATION TO SOLICIT BIDS FOR THE
VALLEY GARDENS PAVING PROJECT, PW 2004-04
JUNE 22, 2004
PAGE 2
The project sequencing shall be as follows:
. Prior to the award of a construction contract, the Utility Division of the Public
Works Department will evaluate and replace existing water services and
valves within the project limits.
. After the contract has been awarded, the contractor' will remove and replace
the failed sections of roadway.
. The contractor will then perform a taper grind of the perimeter edges of the
roadways and placement of an asphalt concrete overlay.
The estimated cost is $200,000 to perform the Valley Gardens Paving Project. Staff
has determined that the project is categorically exempt from CEQA pursuant to Section
15301 (c). Construction is expected to begin in August 2004 and be completed by
October 2004.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
. Approve staff's recommendations;
. Substitute the project with another street improvement project;
. Reallocate funding for other purposes; or
. Provide direction to staff.
Attachments:
1. Project SChedule
2. Notice of Exemption
ATTACHMENT No, 1
rrdityof~ r}~
Tentative Project Schedule
For
Valley Gardens Paving Project
Project No. PW 2004-04
(350-XXXX-XXXX)
Authorization to Solicit Bids ... ................ :.............. ....... ...................... .................. ..... June 22, 2004
1 st Notice to Bidders............................ ....................... ............... ........ ................ .......... June 25, 2004
2nd Notice to Bidders..... ................... ............ ............... .............................. ......... ............ July 2, 2004
Pre-Bid Conference / Job Walk (Thursday, 2:00 pm, City Council Chambers) ........................July 8,2004
Bid Opening (Tuesday, 2:00 p.m City Council Chambers) .................................................... July 20,2004
Authorization to Award Contract (City Council Meeting) .............................................. August 10,2004
Notice of Award ........................ ...... .............. ............. ............. ........ ......... ......... ..... August 11, 2004
Notice to Proceed....... ................... .................. ............. .... ............... ......... ......... ...... August 23, 2004
Contract Completion (45 calendar days) ...................................................................... October 1, 2004
-...------------- -
ATTACHMENT 2
Notice of Exemption
To: Office of Planning and Research From: (Public Agency) City of Arroyo Grande
1440 Tenth Street, Room 121 P.O. Box 550
Sacramento, CA 95814 . Arroyo Grande, CA 93421
[!] County Clerk
County of San Luis Obispo
County Government Center
San Luis Obispo, CA 93408
Project Title: Vallev Gardens Paving Proiect
Project Location. Specific: In the Citv of Arroyo Grande.
Project Location. City: Arroyo Grande Project Location - County: San Luis Obisoo
Description of Project: Asohalt Overlay over existinfZ asphalt concrete streets.
Name of Public Agency Approving Project: Citv of Arroyo Grande - Public Works Deoartment
Name of Person or Agency Carrying Out Project: Thomas Korman. P.E.
Exempt Status: (check one)
D Ministerial (Section 12080(b)(1); 15268);
D Declared Emergency (Sec. 21080(b)(3); 1 5269(a));
D Emergency Project (Sec. 21080(b)(4); 1 5269(b)(c)); I
[!] Categorical Exemption. State type and section number: Section 15301 (cJ
D Statutory Exemptions. State code number:
Reasons Why Project Is Exempt: Proiect reoairs existinfZ facilities and oeiforms minor alterations. Proiect does not
remove any scenic resource.
I
Lead Agency
Contact Person: Thomas Korman. P.E. Area CoderrelephonelExtension: (805) 473-5447
If filed by Applicant: I
I. Attach a certified document of exemption finding. I
2. Has a Notice of Exemption been filed by the public agency approving the project? [!] Yes DNo !
Signature: Date: Title: Public Works Director
[!] Signed by Lead Agency D Date received for filing at OPR:
D Signed by Applicant
-- ----..-.-...-.. ----- -.- -~
8.k.
MEMORANDUM
TO: CITY COUNCIL ,
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~
SUBJECT: CONSIDERATION OF AUTHORIZATION TO SOLICIT BIDS FOR THE
ANNUAL PAVEMENT MANAGEMENT PROGRAM, PW 2004-06
DATE: JUNE 22, 2004
RECOMMENDATION:
It is recommended the Council:
A. authorize the Public Works Department to solicit public construction bids for the
annual Pavement Management Program, PW 2004-06;
B. find that the project is categorically exempt from CEQA pursuant to Section
15301(c); and
C. direct the Director of Administrative Services to file a Notice of Exemption.
FUNDING:
The City of Arroyo Grande will be receiving a one-time cost savings from the City's
insurance program. A portion of these funds, $75,000, is proposed to be allocated for
use in the Annual Pavement Management Program Improvement project. This funding
recommendation will be included in the adjustments to the FY 2004-05 budget, which
will be presented to the City Council at the July 13, 2004 meeting for consideration.
DISCUSSION:
The Public Works Department reviewed the Pavement Management Program, which
includes a five-year action plan to maintain the City's street inventory, and has selected
James Way to receive rehabilitation measures this year.
Various maintenance techniques are available to rehabilitate James Way in its current
condition. These include asphalt overlay, micro-surfacing, and slurry seal. The City will
receive the highest benefit to cost ratio by micro-surfacing James Way at this time.
Micro-surfacing differs from the slurry seal rehabilitation technique, which has been
performed in previous years on local streets. The curing process for micro-surfacing is
chemically controlled and can be used to treat the road surface, as well as to fill ruts in
the road. Micro-surfacing is expected to extend the life of the streets up to 10 years.
CITY COUNCIL
CONSIDERATION OF AUTHORIZATION TO SOLICIT BIDS FOR THE ANNUAL
PAVEMENT MANAGEMENT PROGRAM, PW 2004-06
JUNE 22, 2004
PAGE 2
The Annual Pavement Management Program will 'rehabilitate the following section of
James Way: Oak Park to Equestrian and Jenny Place to Tally Ho. The section of
James Way between Equestrain and Jenny Place has been previously Micro-surfaced
in 1998.
The plans and specifications for the project have been completed and are ready for
public bid. The estimated cost is $70,000 to perform micro-surfacing and traffic control
for this project. Construction is expected to begin in August 2004 and be completed by
October 2004.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
. Approve staff's recommendations;
. Do not approve staff's recommendations;
. Modify as appropriate and approve staff's recommendations; or
. Provide direction to staff.
Attachments:
1. Project Schedule
2. Notice of Exemption
ATTACHMENT No, 1
re+of~ri~
Tentative Project Schedule
For
Annual Pavement Alanagement Program
Improvement Project
Project No. PW 2004-06
(350-5638-XXXX)
Authorization to Solicit Bids ...................................................................................... June 22, 2004
1 st Notice to Bidders............................................ ............................................... ......... June 25, 2004
2nd Notice to Bidders......... ............... ........ ................. ..................................................... July 2, 2004
Pre-Bid Conference / Job Walk (Thursday, 10:00 am, City Council Chambers)....................... July 8,2004
Bid Opening (Tuesday, 4:00 p.m. City Council Chambers) .................................................... July 20,2004
(
Authorization to Award Contract (City Council Meeting) .............................................. August 10,2004
Notice of Award .............. ............... ........ ........................................ ........... ..... ........ August 11, 2004
Notice to Proceed ...................... ........ ...... .......................................................... ...... August 23, 2004
Contract Completion (45 calendar days) ...................................................................... October 1, 2004
---- -..- -----~--_.--- ---~
ATTACHMENT No.2
Notice of Exemption
To: Office of Planning and Research From: (Public Agency) City of Arroyo Grande
1440 Tenth Street, Room 121 P.O. Box 550
Sacramento, CA 95814 Arroyo Grande, CA 93421
[!] County Clerk
County of San Luis Obispo
County Government Center
San Luis Obispo, CA 93408
Project Title: Annual Pavement Management Program Irm>rovement Proiect
Project Location - Specific: In the Gitv of Arrovo Grande.
Project Location - City: Arrovo Grande Project Location - County: San Luis Obispo
Description of Project: Application of Tv De II and Tvoe /II Micro-Suifacin~ mixture over existimz asohalt concrete streets.
Name of Public Agency Approving Project: Citv of Arrovo Grande - Public Works Deoartment
Name of Person or Agency Carrying Out Project: Thomas Korman. P.E.
Exempt Status: (check one)
o Ministerial (Section 12080(b)(1); 15268);
o Declared Emergency (Sec. 21080(b)(3); I 5269(a));
o Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
[!] Categorical Exemption. State type and section number: Section 15301 (c)
o Statutory Exemptions. State code number:
Reasons Why Project Is Exempt: Project repairs existin~ facilities and peiforms minor alterations. Proiect does not
remove any scenic resource.
Lead Agency
Contact Person: Thomas Korman. P.E. Area CodelfelephonelExtension: (805) 473-5447
If filed by Applicant:
I. Attach a certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project? [!] Yes DNo
Signature: Date: Title: Public Works Director
[!] Signed by Lead Agency o Date received for filing at OPR:
o Signed by Applicant
~,_.- ~----~_.--- -------_.~~ ~-
8.1.
MEMORANDUM
TO: CITY COUNCIL
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER rtt
SUBJECT: CONSIDERATION TO APPROVE FINAL PARCEL MAP AG 01- 139
SUBDIVIDING TWO (2) PARCELS INTO FOUR (4) RESIDENTIAL
PARCELS AT 1260 AND 1270 POPLAR STREET
DATE: JUNE 22, 2004
RECOMMENDATION:
It is recommended the Council approve Final Parcel Map AG 01-139, subdividing 0.90
acres into four (4) parcels, ranging in area from approximately 6,300 to 15,900 square
feet.
FUNDING:
There is no fiscal impact at this time.
DISCUSSION:
The City has received Final Parcel Map AG 01-139, owned by Sondra Hogan, for the
subject parcels located at 1260 and 1270 Poplar Street. This map subdivides
approximately 0.90 acres into four (4) parcels.
The existing lots are rectangular in shape and a combined 39,323 square feet in size,
measuring approximately 151 feet wide at Poplar Street and 261 feet in depth. There
are eight existing residences on the site, with no new construction proposed. The
current zoning for the property is CondominiumlTownhouse (MF).
The Planning Commission originally approved the tentative parcel map and variance on
April 2, 2002. The Planning Commission approved a time extension for the tentative
map on April 6, 2004. This allowed the applicant to finalize the affordable rental
housing agreement for the residences on Parcel D, which will record concurrently with
the map.
A small portion of an existing shared driveway easement is within the property
boundaries. A Driveway Maintenance Agreement was recorded on June 9, 1993
between the subject parcel and the parcel to the immediate east, located at 1254
Poplar. As a result of the subdivision of the subject parcel, an Amended Driveway
Maintenance Agreement must record concurrently with the map to incorporate the
newly created Parcel D.
A shared driveway easement between Parcels Band C is created for the benefit of
Parcel C. A second driveway maintenance agreement will record concurrently with the
map for this driveway easement.
'-------.---------'----.. - ~.-
CITY COUNCIL
CONSIDERATION TO APPROVE FINAL PARCEL MAP AG 01-139 SUBDIVIDING
TWO (2) PARCELS INTO FOUR (4) RESIDENTIAL PARCELS AT 1260 AND 1270
POPLAR STREET
JUNE 22, 2004
PAGE 2
ALTERNATIVES:
The following alternatives are provided for the Council's consider~tion:
. Approve staffs recommendation;
. Do not approve staffs recommendation;
. Modify as appropriate and approve staffs recommendation; or
. Provide direction to staff.
Attachment: Exhibit 1 - Map Sheet of Parcel Map AG 01-139
S:\PUBLlC WORKS ENGINEERING SHARED ITEMS\Development Projects\Parcel Maps\Parcel Maps - 2001\TPM
01-003 Hogan\COUNCIL APPROVAL\Council Memo - Acceptance of Final Map for Parcel Map AG 01-139 - 1260
and 1270 POPLAR.doc
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9.8. I
I
CITY OF ARROYO GRANDE I
I
CITY COUNCIL MEETING I
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Arroyo Grande will hold a
public hearing on the following project:
CASE NO.: Development Code Amendment 04-003
APPLICANT: City of Arroyo Grande
LOCATION: Citywide
PROPOSAL: Consideration of a proposed Ordinance Amending Arroyo
Grande Municipal Code Section 16,68,050 Regarding
Underground Utilities and the Establishment of an
Undergro':Jnd Utility In Lieu Fee
ENVIRONMENTAL
DETERMINATION: Categorically Exempt per Section 15302 of the CEQA
. .
Guidelines
The City is proposing to establish an underground utility in-lieu fee as an option to
physically undergrounding utilities for certain specified smaller development projects in
instances where such immediate undergrounding is determined not to be necessary or
appropriate based on established criteria, If the proposed Ordinance is introduced, the
Council will then consid~r adoption of the Ordinance and adoption of a Resolution
. establishing the amount of the underground utility in-lieu fee at its next regular meeting.
Any person affected or concerned by \his application may submit written comments to the
Community Development Department before the Planning Commission. hearing,' or
appear and be heard in support of or opposition to the project and the environmental
impacts at the time of hearing, Any person interested in the proposals can contact the
Community Development Department at 214 E, Branch Street, Arroyo Grande, California,
during normal business hours (8:00 A,M, to 5:00 P,M,),
If you challenge an item in court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice, or in written
correspondence delivered to the City Council at, or prior to, the public hearing,
Failure of any person to receive the notice shall not constitute grounds for any court to
invalidate the action of the legislative body for which the notice was given,
DATE OF HEARING: TUESDAY, JUNE 22, 2004 AT 7:00 P.M.
~LACE OF HEARING: Arroyo Grande City Council Chambers
215 E~ Branch Street
~ Arroyo Grande, California 93420
CIJilJitJ()ntL-
Kelly W tm re, CMC .
Director of Administrative ServlcesIDeputy City Clerk
Publish 1T, Friday, June 11,2004; 1/8 page display
MEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER ~
BY: JON ANSOLABEHERE, ADMINISTRATIVE INTERN
SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING ARROYO
GRANDE MUNICIPAL CODE SECTION 18.68.050 OF THE
DEVELOPMENT CODE REGARDING UNDERGROUND
UTILITIES TO ESTABLISH AN UNDERGROUND UTILITY IN-
LIEU FEE
DATE: JUNE 22, 2004
RECOMMENDATION:
The Planning Commission recommends the City Council introduce an Ordinance
amending Arroyo Grande Municipal Code Section 16,68.050 regarding
underground utilities and the establishment of an underground utility in-lieu fee,
FUNDING:
There are no direct City costs related to the establishment of an underground
utility in-lieu fee. The fee will generate future revenue to be used for utility
undergrounding projects,
DISCUSSION:
Backaround
In response to concerns expressed by members of the Planning Commission to
the City Council at its March 25, 2003 meeting, the City Council directed staff to
prepare alternatives and recommendations regarding the City's underground
utility requirements, The purpose was to address situations when utility
undergrounding requirements create an unreasonable burden on a project or are
not appropriate for a particular location,
It is in the interest of the City of Arroyo Grande to ultimately underground all of
the overhead utility facilities along major arterials to improve the appearance of
the community and reliability and safety of the utility services, For this reason,
the City of Arroyo Grande has created and enforced an underground utility
requirement within the City's Development Code and established specific
underground utility districts for future underground projects.
--.--..------- -----..-----
CITY COUNCIL
ORDINANCE REGARDING UNDERGROUND UTILITIES
JUNE 22, 2004
PAGE 2
Staff has developed a draft Ordinance to establish an underground utility in-lieu
fee in response to the City Council and Planning Commission undergrounding
concerns. The proposed Ordinance was considered by the Planning Commission
on June 1, 2004. The Planning Commission requested a clarification and
amended Section 16,68,050.C,2 to include the statement "with overhead
utilities." The Planning Commission recommended approval of the Ordinance by
a &-0 vote,
Existina Code
Under the existing code, any person wishing to develop/redevelop is subject to
the underground utility requirement (section 16,68,050) found within the
Development Code, This section requires that all overhead utility lines be placed
underground prior to approval of the final subdivision map. Reasons for this
utility under-grounding requirement include:
- Undergrounded utilities eliminate unusually heavy concentration of
overhead distribution facilities;
- Underground utilities promote safer vehicular and pedestrian
conditions and are less susceptible to damage;
- Underground utilities improve aesthetics of the area,
The developer is currently responsible for undergrounding of specified types of
overhead utility lines located above his/her development lot lines. In some
instances, the developer may oppose such requirements due to physical
impracticalities or financial demands. Additionally, the developer may be
responsible for underground utilities found beyond his/her development area
and/or responsible to pay for related equipment because of conduit or utility pole
placement. This has caused many applicants to seek an exception and/or file an
appeal to the undergrounding requirement
ExceDtions and Problematic Conditions under Existina Code
Existing Code provisions allow exceptions to be made at the discretion of the
Director of Public Works and Director of Community Development. Exceptions
can be made upon the findings of specified conditions set forth in the current
Development Code, such as topographical constraints, If an exception is granted,
the undergroundin9 requirement is waived in its entirety, The developer is then
left unaccountable for future undergroundin9 efforts,
Furthermore, situations have occurred where the undergrounding utility
requirement may be considered unreasonable and/or illogical due to offsite
placement of utility infrastructure, but the existing code does not provide for an
exception in this circumstance, An example is a situation when there is a
required utility undergrounding in a small development where the surrounding
area is absent of similar improvements, The undergrounding of utilities will not
create a significant impact on the development area and immediate surrounding
--_._._~-_._.._-----
CITY COUNCIL
ORDINANCE REGARDING UNDERGROUND UTILITIES
JUNE 22, 2004
PAGE 3
area, Another example is when the required utility lines extend past the property
line without having the proper utility infrastructure to simply put the utility lines
underground from one lot line to the other lot line, Therefore, staff has
determined that a utility in-lieu fee would be more appropriate and provide much
needed flexibility to address these problematic situations, It will also provide
revenue that could be used by the City to pay for the portiO? of undergrounding
beyond the applicant's property line in these circumstances,
Also, existing Code requirements are not discretionary on the type of zoning or
the scope of the particular project where utilities are required to be
undergrounded, This condition renders small residential developments
responsible for the same undergrounding requirements as large commercial
developments, A developer who wishes to develop a small residential subdivision
may be subject to the same undergrounding requirement and potentially the
same undergrounding costs of a large commercial development.
Prooosed Underaround Utility In-Lieu Fee
The proposed underground utility in-lieu fee will establish an altemative, for the
underground utility requirement set forth by Section 16,68 of the Development
Code, Under the proposed amendment, developers may have the option to pay
a fee in-lieu of the required utility undergrounding if special circumstances are
determined to exist by the approving authority,
The in-lieu fee is established primarily for smaller residential developments, while
maintaining existing requirements for cOmmercial, industrial, and large residential
developments, The objective of the jn-lieu fee is to allow an option for
developers, in situations deemed appropriate by the City, The amount of the fee
shall be set by Council resolution and based on an estimated general average
cost of utility undergrounding by private utility providers per linear foot of each
side of the property subject to underground relocation.
The funds generated by the in-lieu fee will be put into an underground utility
account and used for underground utility projects to improve the overall safety,
appearance and reliability of utilities throughout the community, The additional
revenue will enable the City to focus its undergrounding efforts on priority areas
rather than on a piecemeal basis, Therefore, it will improve the effectiveness and
progress of the City's utility undergrounding efforts.
The in-lieu fee is intended to amend the existing requirements and prevent "all or
nothing- waiver requests, The fee will not be available to aU smaH residential
projects and staff expects the majority of projects will still be required to
underground the utilities on their property. However, 'it does provide staff, the
Planning Commission, or City Council an option when the existing requirements
are not reasonable, fair, or appropriate, In these cases, rather than waiving the
_~_..____.w..___. ___
CITY COUNCIL
ORDINANCE REGARDING UNDERGROUND UTILITIES
JUNE 22, 2004
PAGE 4
entire undergrounding requirement, it provides an option to receive equivalent
funding in order to further the efforts and objectives of the undergrounding
program.
Environmental Determination Exempt pursuant to CEQA Section 15273 and
Section 15302(d).
ALTERNATIVES:
The following alternatives are presented for Council'.s consideration:
- Introduce the proposed Ordinance;
- Modify as appropriate and introduce the proposed Ordinance; or
- Do not introduce the Ordinance and provide direction to staff
--_._~-~----- ~--~._---~-- -..-
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING ARROYO GRANDE MUNICIPAL
CODE SECTION 16,68.050 REGARDING UNDERGROUND
UTILITIES AND THE ESTABLISHMENT OF AN UNDERGROUND.
UTILITY IN LIEU FEE
WHEREAS,. the City of Arroyo Grande (.City") requires the undergrounding of utilities as a
condition of certain discretionary land use approvals, pursuant to Municipal Code Section
16,68,050; and
WHEREAS, City. desires to provide for an underground utility in-lieu fee as an option to
physically undergrounding utilities for certain specified smaller development projects in
instances where such immediate undergrounding is determined not to be necessary or
appropriate based on established criteria; and
WHEREAS, use of an underground utility in-lieu fee will better enable the City to concentrate
utility undergrounding in areas determined to be in most critical need of utility undergrounding and
in underground utility districts; and
WHEREAS, the entire community benefits from the enhanced safety, improved appearance and
reliability of utility services which results from the order1y undergrounding of existing utilities; and
WHEREAS, the City Council has reviewed the proposed Ordinance in compliance with the
California Environmental Quality Act (CECA), the CECA Guidelines and the City's Rules and
Procedures for Implementation of CECA and determined that the proposed Ordinance is exempt
under Section 15273 and Section 15302{d) of the CECA Guidelines,
NOW, THEREFORE, BE IT ORDAINED .by the City Council of the City of Arroyo Grande, as
follows:
SECTION 1: The above recitals and findings are true. and correct,
SECTION 2: Arroyo Grande Municipal CQde Section 16,68,050, C, is amended in its entirety as
follows:
C, In-Lieu Fee - Reouired AoDrovals, On the basis of a formal written request, a fee may
be accepted in lieu of the required undergrounding of utilities as follows:
1. The underground utility in-lieu fee will only be available for residential development
projects that meet ~ne or more of the following conditions:
a, There has been no undergrounding of utilities in the surrounding
neighborhood;
b, The projects property line is located at least three hundred (300) or more
feet from an underground utility district;
c. The undergrounding connection to the nearest utility pole will require the
applicant to underground utilities fifty (50) or more linear feet beyond the
project's property line;
d, The estimated cost of undergrounding for the. project is more than twenty-
five percent (25%) of the estimated total cost of the prOject;
e. Subdivision projects often (10) or less parcels,
,ORDINANCE NO,
PAGE 2
f. Subdivision projects of more than ten (10) parcels may be eligible for
payment of an underground utility in-lieu fee based on a specific finding by
the approving authority that special and unique circumstances exist.
2. Underground utility in-lieu fees should be calculated per linear feet of each side of
the property with overhead utility lines.
3, Underground utility in-lieu fees shall be paid prior to issuance of the building
permit.
4, The approving authority of a discretionary land use application may approve
payment., of an underground utility in-lieu fee,. based on a recomrnendationfrom the Director of
Public Works and Director of Community Development.
, 5. The amount of the underground utility in-lieu fee shall be established by Resolution
of the City Council.
6, Underground utility in-lieu fees collected by the City shall be deposited in a
separate fund and shall be used solely for the planning, administration and implementation of
utility undergrounding.
SECTION 3: Arroyo Grande Municipal Code Section 16,68,050,F, is added as follows:
F, ExceDtions, The undergrounding utilitY requirement may be waived by the approving
authority if it is determined that such undergrounding is entirely infeasible,
SECTION 4: If any section, subsection, subdivision, paragraph, sentence, or clause of this
Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect
the validity of the remaining portion of this Ordinance or any part thereof, The City Council
hereby declares that it would have passed each section, subsection, subdivision, paragraph,
sentence, or clause thereof, irrespective of the fad that anyone or more section, subsection,
subdivision, paragraph, sentence, or clause be declared unconstitutional,
SECTION 5: A summary of this Ordinance shan be published in a newspaper published and
circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at
which the proposed Ordinance is to be adopted, A certified copy of. the full text of the
proposed Ordinance shall be posted in the office of the DireCtor of Administrative
Services/Deputy City Clerk, Within fifteen (15) days after adoption of the Ordinance, the
summary with the names of those City Council Members voting for and against the Ordinance
shall be published again, and the Director of Administrative ServiceslDeputy City Clerk shall
post a certified copy of the full text of such adopted Ordinance,
SECTION 6: This Ordinance shall take effect thirty (30) days after its adoption,
On motion by Council Member , seconded by Council Member , and by
the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this _ day of ---J 2004,
- ---._--- .- - ---- _._.~-
,ORDINANCE NO,
PAGE 3
TONY M. FERRARA, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVlCESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
.
TIMOTHY J. CARMEL, CITY ATTORNEY
9.b.
CITY OF ARROYO GRANDE
. CITY COUNCIL MEETING
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the city Council of the City of Arroyo Grande will hold a
public hearing on the following project:
CASE NO: Development Code Amendment 04-001 & General Plan
Amendment 04-001
APPLICANT: City of Arroyo Grande
LOCATION: 295, 279, and 265 Alder Street
PROPOSAL: Development Code Amendment 04-001 - Consideration of
Proposed Ordinance amending the Zoning Map to designate
the subject property as Senior Residential (SR); General Plan
Amendment 04-001 - consideration to eliminate the Planned
Development (PO) designation. The Alder House assisted
living facility wishes to build an annex for senior residents
adjacent to the current facility,
ENVIRONMENTAL
DETERMINATION: Categorically Exempt per Section 15317 of the CECA
Guidelines
Any person affected or concerned by this application may submit written comments to the
Community Development Department before the City Council hearing, or appear and be
heard in support of or opposition to the project and the environmental impacts at the time
of hearing. Any person interested in the proposals can Contact the Community
Development Department at 214 E, Branch Street, Arroyo Grande, California, during
normal business hours (8:00 A.M, to 5:00 P.M.).
If you challenge an item in court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice,. or in. written
correspond~nce delivered to the City Council at, or prior to, the public hearing.
Failure of any person to receive the notice shall not constitute grounds for any court to
invalidate the action of the legislative body for which the notice was given,
DATE OF HEARING: TUESDAY, JUNE 22,2004 AT 7:00 P.M.
PLACE OF HEARING: Arroyo Grande City Council Chambers
215 E. Branch Street
~tvt. Wi {-lWYtL Arroyo Grande, California 93420
Kelly etmo ,CMC
Director of Administrative Services/Deputy City Clerk
Publish 1T, Friday, June 11. 2004
MEMORANDUM
TO: CITY COUNCIL
FROM: ROB STRONG rf:fJ.
COMMUNITY DEVELOPMENT DIRECTOR
BY: 1\*. KELLY HEFFERNON
ASSOCIATE PLANNER
SUBJECT: CONSIDERATION OF GENERAL PLAN AMENDMENT 04..001
TO ELIMINATE THE PLANNED DEVELOPMENT OVERLAY, I
i
AND DEVELOPMENT CODE AMENDMENT 04..001 TO CHANGE I
THE ZONING FROM SINGLE FAMILY RESIDENTIAL (SF) TO
SENIOR RESIDENTIAL (SR) i
DATE: JUNE 22, 2004
RECOMMENDATION:
The Planning Commission recommends the Council introduce an Ordinance approving
Development Code Amendment 04-001 and adopt a Resolution approving General Plan
Amendment Case No. 04-001.
FUNDING:
There are no direct costs to the City related to the proposed amen~ment.
PROJECT LOCATION:
- 1 -
-~.._.~_.._--~ ---- -- .~_._--- --- -----.-- ---
CITY COUNCIL
GPA 04-001; DCA 04-001
JUNE 22, 2004
PAGE 2
DISCUSSION:
BackQround
The property is comprised of three (3) parcels totaling about 1.2 acres and is developed
with a senior housing facility on one parcel and a single-family residence on each of the
other two (2) parcels. During the 2001 General Plan Update, Alder House
representatives requested that the two adjacent parcels they owned be designated as
Very High Density for the purpose of expanding the Alder House in the future. As
requested, the City changed the land use from Single Family Residential (SF) to
Multiple Family Very High Density Residential (MF-VH), but with a Planned
Development (PO) 0verlayto ensure that future development of the properties is
coordinated. Because the use of a PO overlay is viewed as unwarranted for such a
small property, a General Plan Amendment is proposed to eliminate the PD
designation. The Development Code Amendment is necessary to bring the zoning of
the property into compliance with the General Plan. The City will retain control of new
development through the conditional use permit process. I
Proiect Description
The project site is developed with a licensed senior housing facility that can
accommodate up .to thirty~two (32) residents and two small single-family residences
proposed to be removed. The applicant intends to submit applications for a Conditional
Use Permit and Lot Merger to expand the existing 13,000 square foot senior facility by
approximately 18,000 square feet. The facility would be two-stories, with access from
both Alder Street and Dodson Way. Preliminary plans are included as Attachment 1
(note that the existing facility is identified as the horizontal hatched area, and the
proposed expansion is the shaded area). Letters from and information about Alder
House are included as Attachments 3-5.
General Plan and Development Code Amendments
The proposed General Plan Amendment (GPA) would simply remove the Planned
Development overlay designation. There is no proposed change in land use density.
The Development Code Amendment (DCA) would bring the zoning into compliance with
the General Plan, from Single Family Residential (SF) to Multiple Family Very High
Density Residential (MF-VH).
Planning Commission
The Planning Commission reviewed the proposed General Plan and Development Code
Amendments on June 1, 2004 (see Attachment 2 for Draft Meeting Minutes). Based on
comments from neighboring property owners, Commissioners advised Alder House
owners to involve the neighbors early in the process before submitting formal plans to
the City for expansion of their facility. The Commission. also recommended that
recordation of a lot merger be required for the three (3) parcels prior to the GPA and
DCA going into effect. This requirement is reflected in the Ordinance and Resolution
approving the DCA and GPA, respectively.
~-- ------ --- --..-.----------..-- - -- ~-- ---........,..--------------.-.-----
CITY COUNCIL
GPA 04-001; DCA 04-001
JUNE 22, 2004
PAGE 3
PUBLIC COMMENTS:
A public hearing notice was sent to all property owners within 300 feet of the proposed
project and a public notice was placed in the Times-Press-Recorder. The City has
received several written comments from the public, included as Attachments 6-10,
ENVIRONMENTAL ASSESSMENT:
Staff has reviewed this project in compliance with the California Environmental Quality Act,
and has found that the project is exempt per section 15305 of the CEQA Guidelines. Staff
does not anticipate that this project will have an adverse effect on the environment and the
redesignation was part of the General Plan Update Program EIR.
AL TERNA TIVES:
The following alternatives are presented for Council consideration:
1. Approve the Planning Commission's recommendation and adopt the Resolution
and introduce the ordinance;
2. Modify the Planning Commission's recommendation;
3. Take tentative action to deny the project application and direct staff to prepare
the appropriate resolution for City. Council action; or
4. Provide other direction to staff.
If the Council selects alternative 3, staff will return with the appropriate Resolution at a
later meeting.
Attachments:
1. Preliminary Project Plans (information only)
2. Planning Commission Draft Meeting Minutes of June 1, 2004
3. Letter from owners of the Alder House dated April 16, 2004
4. Letter from owners of the Alder House dated May 25. 2004
5. Description of the Alder House
6. Letter from Scott & Kendra Wagers dated June 1, 2004
7. Letter from GeeGee Soto dated June 1, 2004
8. Letter from John Dome dated June 1, 2004
9. Letter from Lynn Ankeny dated June 1, 2004
10. Letter from John Dome dated June 18, 2004
S:\COMMUNITY _DEVELOPMENl'\PROJECTS\DCA\04-001 ALDER HOUSE ZONING\CC rpt.doc
- ---_._~_._--
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING THE ZONING MAP TO
DESIGNATE THE SUBJECT PROPERTY AS SENIOR
RESIDENTIAL (SR); DEVELOPMENT CODE
AMENDMENT 04-001, APPLIED FOR BY THE CITY OF
ARROYO GRANDE FOR PROPERTY LOCATED AT 279
AND 265 ALDER STREET
WHEREAS, the 2001 General Plan Update Urban Land Use Element Map designates
the subject 1.2-acre property as Very High Density Multiple Family Residential (VH); and
WHEREAs, the City of Arroyo Grande Zoning Map designates the subject property as
Single Family Residential {SF}; and
WHEREAS, the City of Arroyo Grande has initiated Development Code Amendment 04-
001 to amend the Zoning Map and designate the project site as Senior Residential (SR);
and
WHEREAS, adoption of the proposed zoning designation would establi~h land use,
development and design standards for the above described area; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed
Development Code Amendment 04-001 at a duly notiCed public hearing on June 1, 2004
in accordance with the Development Code of the City of Arroyo Grande at which time all
interested persons were given the opportunity to be heard; and
WHEREAS, the City Council of the City of Arroyo Grande has considered Development
Code Amendment 04-001 at a duly noticed public hearing on June 22, 2004, in
accordance with the Development Code of. the City of Arroyo Grande at which time all
interested persons were given the opportunity to be heard; and
WHEREAS, the City Council has reviewed and considered the' information and public
testimony presented at the public hearings, staff reports, and all other information and
documents that are part of the public record; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
A. Based on the information contained in the staff report and accompanying
materials, the proposed Development Code Amendment amending the Zoning
Map is consistent with the goals, objectives, policies and programs of the
General Plan is necessary and desirable to implement the provisions of the
General Plan.
~._----- --r---~~--
,
ORDINANCE NO,
PAGE 2
B. The proposed Development Code Amendment amending the Zoning Map will
not adversely affect the public health, safety, and welfare or result in an illogical
land use pattern.
C. The proposed Development Code Amendment amending the Zoning Map is
consistent with the purpose and intent of the Development Code. Very High
Density residential development within the project area would be required to
meet development and design standards under the SR zoning designation that
insure orderly development.
D. The potential environmental impacts of the proposed Development Code
Amendment amending the Zoning Map are insignificant or can be mitigated to a
less than significant level.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande
as follows:
SECTION l' The above recitals and findings are true and correct.
SECTION 2' Development Code Section 16.24.020 (Zoning Map) is hereby amended as
shown in Exhibit A attached hereto and incorporated herein by reference.
SECTION 3' If any section, subsection, subdivision, paragraph, sentence, or clause of
this Ordinance or any part thereof is for any reason held to be unlawful, such decision
shall not affect the validity of the remaining portion of this Ordinance or any part thereof.
The City Council hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that anyone
or more section, subsection, subdivision, paragraph, sentence, or clause be declared
unconstitutional.
SECTION 4: Upon adoption of this Ordinance, the Director of Administrative Services
shall file a Notice of Exemption.
SECTION 5: A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full
text of the proposed Ordinance shall be posted in the office of the Director of
Administrative ServiceslDeputy City Clerk. Within fifteen (15) days after adoption of the
Ordinance, the summary with the names of those City Council Members voting for and
against the Ordinance shall be published again, and the Director of Administrative.
Services/Deputy City Clerk shall post a certified copy of the full text of such adopted
Ordinance.
SECTION 6: This Ordinance shall take effect on the later of thirty (30) days from the date
of adoption or on the date that a lot merger is recorded for the three (3) underlying parcels
identified as Assessor Parcel Numbers, 077-204-001,077-203-009 and 077-203-019.
ORDINANCE NO,
PAGE 3
On motion by Council Member , seconded by Council Member ,
and by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this day of 2004.
T - ~
ORDINANCE NO,
. PAGE 4
TONY M. FERRARA, 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
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RESOLUTION NO,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING THE GENERAL PLAN
URBAN LAND USE ELEMENT 'MAP TO REMOVE THE
PLANNED DEVELOPMENT (PD) DESIGNATION FOR
PROPERTY LOCATED AT 295, 279 AND 265 ALDER
STREET; GENERAL PLAN AMENDMENT 04-001
WHEREAS, the City of Arroyo Grande Land Use Map indicates that the subject 1.2-acre
property is located in the Multiple Family Very High Density Residential (MF-VH) land
use category with a Planned Development (PO) overlay; and
WHEREAS, the City of Arroyo Grande has determined that the PD overlay is an
unnecessary planning tool for the small size of the subject property; and
WHEREAS, the City of Arroyo Gr.ande has initiated General Plan Amendment 04-001 to
amend the Land use Map by removing the PD overlay for the subject property; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed
General Plan Amendment 04-001 at a duly noticed public hearing on June 1, 2004 in
accordance with the Development Code of the City of Arroyo Grande at which time all
interested persons were given the opportunity to be heard; and
WHEREAS, the City Council of the City of Arroyo Grande has considered General Plan
Amendment 04-001 at a duly noticed public hearing on June 22, 2004 in aCcordance with
the Development Code of the City of Arroyo Grande at which time all interested persons
were given the opportunity to be heard; and
WHEREAS, the City Council has reviewed and considered the information and public
testimony presented at the public hearings, staff reports, and all other information and
documents that are part of the public record; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
General Plan Amendment Findings:
1. Based on the information contained in the staff report and accompanying
materials, the proposed General Plan Amendment is consistent with 'the goals,
objectives, policies, plans, programs, intent, and requirements of the General Plan
and will not result in any internal inconsistencies within the plan.
2. The proposed General Plan Amendment will not adversely affect the public health,
safety, and welfare or result in an illogical land use pattern.
3. The potential environmental impacts of the proposed General Plan Amendment
are insignificant or can be mitigated to an insignificant level, or there are overriding
considerations that outweigh the potential impacts. ..
.. DA I':!-c ? --.....-.-- -
RESOLUTION NO.
PAGE 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby approves General Plan Amendment 04-001, amending the Urban land
Use Element Map as indicated in Exhibit "An, attached hereto and incorporated herein by
reference. This Resolution shall take effect on the effective date of Ord
On motion by Council Member , seconded by Council Member ,
and by the following roll call vote to wit
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this 22nd day of June 2004.
~---_._-_.._-
RESOLUTION NO,
PAGE 3
TONY M, FERRARA, 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
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MINUTES DRAFT A TT ACHMENT 2
PLANNING COMMISSION
JUNE 1, 2004
Approval No. 20 relating to financial assistance from the City's Affordable Housing In-Lieu
Fund and adopt:
RESOLUTION 04-1926
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE RECOMMENDING THE .CITY COUNCIL APPROVE
TENTATIVE TRACT MAP CASE NO, 04-001, LOCATED AT 579 CAMINO
MERCADO, APPLIED FOR BY CAMINO MERCADO PARTNERS
The motion was approved on the following.roll call vote:
AYES: Chair Guthrie, Commissioners Keen and Fowler
NOES: Commissioners Arnold and Brown
ABSENT: None
the foregoing Resolution was adopted this 15t day of June 2004.
The Commissioner took a 10-minute break.
C. DEVELOPMENT CODE AMENDMENT & GENERAL PLAN AMENDMENT CASE
NOS, 04-001; APPLICANT - CITY OF ARROYO GRANDE; LOCATION - 296, 279
AND 265 ALDER STREET. Staff report prepared and presented by Associate
Planner, Kelly Heffernon.
Ms. Heffernon gave an overview of the proposal for a change in zoning from Single Family
(SF) to Senior Residential (SR) and General Plan Amendment to eliminate the Planned
Development overlay, The applicant is proposing to remove the two existing single-family
residences and construct a new two-story facility to blend with the existing neighborhood.
All of the issues related to the proposal will be reviewed in more detail when the Conditional
Use Permit is processed. In conclusion, Ms. Heffernon stated that staff is recommending
that the Planning Commission approve the resolution recommending that the City Council
approve the City initiated Development Code Amendment (DCA) and General Plan
Amendment (GPA).
In answer to Commission questions staff clarified the zoning and the PD designation, gave
some history on the zoning designations and explained that the City wants to make all three
lots Senior Residential.
Chair Guthrie opened the hearing to the public.
Jo Ann Bazer Tose, 295 Alder House (owner), stated that many of the residents are local
and want to remain in the neighborhood and they (Alder House) need to expand; their
business is a locally owned, family run, small business; they are sensitive to the concerns of
the neighbors; they have never removed any oak trees and do not intend to even with the
expansion.
-------
MINUTES DRAFT PAGE 8
PLANNING COMMISSION
JUNE 1, 2004
Commissioner Brown stated that because they had received a number of letters with
concerns about the proposal he would recommend that their concerns re the scale of the
proposed building and the parking be addressed ahead of time.
Ms. Bazer Tose agreed with Commission Brown and stated that she wanted the building to
blend in with the neighborhood and had asked the neighbors to come to a meeting, .but only
one had come forward.
, David Mann, 270 Alder Street, stated they had enjoyed a good relationship with Alder
House, but he now had concerns with the change of zoning and that it was not just a
remodel but a large, two story development; he had concern with density and parking and
that traffic flow restrictions on residential streets would result.
John Austin, 300 Alder Street, had concerns with the parking, especially with employees
that might park on street if this expansion takes place.
Chris Skolater, Alder Street, asked if people living in the two existing homes would have to
relocate because of this expansion and if they would get any compensation.
Chair Guthrie closed the hearing to the public.
Commission Comments:
Fowler:
. Agreed with General Plan Amendment when it was approved.
. The applicant needs to talk more to the neighbors.
. The Commission will be reviewing this project carefully when it comes forward.
. She agreed to the zone change.
Brown:
. He agreed to zone change.
. Parking is a huge issue.
. Mass and scale is a huge issue.
. The building would need to blend in with the neighborhood.
. Setback from the street with two stories is important.
. Good neighborhood relations are very important.
Keen:
. He approved of the zone change.
. Concerns of neighbors will be addressed when it comes back for consideration in a
Single Family neighborhood.
. He also had concerns with the parking.
Arnold:
. He had concern with the density/parking requirements.
Ms. Heffernon stated the parking requirements for Senior Housing and said employee
parking areas would be addressed.
Guthrie:
. This was. considered in the General Plan as a location for the expansion of this kind
of service (Senior Housing).
MINUTES DRAFT PAGE 9
PLANNING COMMISSION
JUNE 1, 2004
. He would prefer to have the PD zoning remain and designate the zoning when
required.
Commissioner Keen recommended the General Plan Amendment be approved and
conditioned that it would not go into effect until the three lots are merged. Mr. Strong said
they could recommend this.
Commissioner Keen made a motion, seconded by Commissioner Arnold to recommend that
the City Council approve GPA and DCA 04-001 and that the Amendments would not go into
effect until the merger of the lots is recorded and adopt:
RESOLUTION 04-1927
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL
APPROVE GENERAL PLAN AMENDMENT 04-001 FOR PROPERTY
LOCATED AT 265, 275 AND 295 ALDER STREET, APPLIED FOR BY THE
CITY OF ARROYO GRANDE
The motion was approved on the following roll call vote:
AYES: Commissioner Keen, Arnold, Brown, Fowler and Chair Guthrie
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 1 st day of June 1004.
D, DEVELOPMENT CODE AMENDMENT 04-003; APPLICANT - CITY OF ARROYO
GRANDE; LOCATION - CITYWIDE, Staff report prepared and presented
Administrative Intern, Jon Ansolabehere.
Jon Ansolabehere presented the staff report regarding a proposal to provide
undergrounding utility in-lieu fees in order to allocate and concentrate undergrounding utility
efforts in areas designated as Undergrounding Districts, and to provide an option to the
underground utility requirement in instances where immediate undergrounding of utilities is
determined to be inappropriate. He stated that the undergrounding utility requirement is not
intended to discourage small residential redevelopment; the undergrounding utility fee will
appropriately deal with problematic situations while stili holding developers financially
responsible for the requirement; commercial, industrial and large residential developments
have more financial ability and should be held to a more strict standard, but they may be
eligible for an in-lieu fee if the Planning Commission or City Council deems it appropriate on
a case-by-case basis. In conclusion, Mr. Ansolabehere stated that the Development Code
Amendment was prepared based on a request from the Planning Commission.
. In reply to a question from Commissioner Brown, Mr. Strong explained that there are areas
that will achieve full commitment to undergrounding and in-lieu funds could be used to
augment these areas and entire neighborhoods will be aesthetically improved.
Commission Comments:
-~---_.-
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A TT ACHMENT 3
Alder -~
House lie. "'401703678
Becul.(5e You Deserve the Very Best it1 Assisted livit19
RECr:'!'f~D
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April 16, 2004
APR 2 0 2004
City of Arroyo Grande Planning Departnient CITY Of AR~{OYO r',:~",~!!)E
TV D.~'"V'..t ('- . -'IT Dt:PT
Attn: Rob Strong COMMUNI c: C~_.(I"~" ~ .
214 E. Branch
Arroyo Grande, CA 93420
Rob Strong:
We are planning to expand the Alder House assisted living facility. The project will tie
the existing Alder House at 295 Alder St and the adjacent properties of275 and 265
Alder St. into one building. We have noticed that the general plan has not yet been
changed/updated to show the 275 .and 265 Alder properties zoned as Senior Residential
as we had thought but instead they are still shown as being zoned for Single Family. It is
also listed as a PD (possible eIToneously) on the building plan.
Weare nearing submission of plans and wish to begin this project as soon as possible.
Before we can move forward we need the zoning on the 275 and 265 properties cleared
up. We look forward to hearing ftom you.
Sincerely,
~~~ -
Todd Tose'
Administrator
" '-.
295 Alder Street. Arroyo Grande, California 93420 . (805) 489-1266
"----------- "------~
ATTACHMENT 4
Alder
House Lie. +401703678
Because Yow Deserve the Very Best il1 Assistea livil19
May 25, 2004 RECC:~/';:D
Re: Proposed usage of lots at 265 & 275 Alder Street. MAY 2 8 2004
crrr OF AR:::C!tj r.. c "W,'-
COM'~U~IITY ,.' - .. .,.1:
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L. _....1 i. ,'__i" :.:: .
Community Development Department
Attn: Kelly Heffernon
P.O. Box 550
Arroyo Grande, CA 93421
Dear Kelly:
We are proposing an expansion of Alder House Assisted Living Facility, located at 295
Alder Street in Arroyo Grande. Our plan is to remodel the existing Alder House by
expanding onto the lots at 279 and 265 Alder Street. The end result would be one
continuous. building on the combined lots thereby creating a larger capacity to house the
elderly in our community. During the last General Plan Update, we submitted testimony
regarding these properties and requested that they be zoned the same as 295 Alder so that
this expansion could take place.
Alder House has been a locally owned and operated family business serving the
community of Arroyo Grande since 1971 and with this expansion we will be better able
to meet the needs of the ever increasing population of elderly in our area. Alder House
has always maintained an excellent reputation and working relationship with the city, our
neighbors and our State Licensing Agency. Should you have any questions or require
additional information, please feel ftee to contact me.
Sincerely,
~~ -_.
c...-
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ToddTose' .' .-
Administrator. .
..
295 Alder Street. Anaya Grande, California 93420. (805) 489-1266
Alder House, a quality retirement home.
A TT ACHMENT 5
Alder House
295 Alder Street
Arroyo Grande, CA 93420
(805) 489-1266
A quality retirement home for those desiring companionship or assistance in the activities of daily
living.
Situated in a park.,.like setting on a quiet residential street, Alder House offers private and semi-private
rooms that are tastefully furnished and decorated. Cheerful colors, plants, flowers and decor, all those
special touches that remind one of home are evident everywhere. Alder House's beautiful surroundings
combined with our commitment to excellence creates a caring environment that you so richly deserve.
Walk in the garden....delight in the array of beautiful flowers...sinell the perfume of the roses...feel the
warmth of the sun and gentle breezes....1isten to the birds singing in the trees......
Or sit in the sun room where the theme of nature continues with the use of plants, ornamental trees and
white wicker furniture....smell an apple pie baking in the oven...1isten to the music from the Baby Grand
piano....hear the laughter from a nearby Scrabble game....experience the warmth and ambiance...
A select family of seniors who share our home and gardens spending their days in a peaceful
setting....strolling in the garden....working a puzzle....1istening to music...reading a book...engaging in
personal and group activities and social interaction....enjoying the mental stimulation of trivia questions,
games, travelogues and trips...following their heart's desire....or taking the time to reflect on the
wonderful times gone by and looking forward to the excitement of living tomorrow's dreams with new
friends at Alder House.
Alder House ..... a perfect setting for relaxing, entertaining and enjoying life .... it's almost like being at
home.
At Alder House, we believe each resident has an inherent right to the highest quality of life attainable.
We take the extra time to talk, to listen, to hug and to celebrate special occasions. We believe each
resident is of inestimable value who deserves the highest respect and the most loving care. There comes
a time when we all deserve the peace of mind and freedom to do as we please, to pursue our special
interests and to experience new and interesting things.
Alder House is devoted to providing uncompromising excellence in every respect. It shows in the little
things: the personalized care; the extra attention to detail; the big, bright rooms; the individual touches;
the attractive decor - both gracious and comforting; the delicious home cooked meals; and a select staff
devoted to patience, dedication, respect, dignity and, above all, caring.
Our total caring approach includes a genuine concern for the quality of a resident's life - medical,
personal, social.and spiritual. Our staff members share a common commitment to help each person
attain their maximum potential, both physically and mentally, in order to enhance their optimum quality
http://server2.kepnet.com/ALDERHSE/ 6/1 0/2004 I
I
_~__J
Alder House, a quality retirement home. Page 2 of2
of life.
Alder House offers:
. 24 hour protective supervision with continual monitoring for changes in physical, mental or emotional
status,
. Assistance, when needed, with bathing, grooming and dressing
. Supervised medications
. Nutritious, well balanced meals
. Laundry and housekeeping service
. A planned activity program to meet social and recreational needs
. Assistance in planning, arranging and/or providing transportation to medical office
. Private and semi-private rooms
. Close to hospital, medical offices and shopping
Licensed for your protection - #401703678
"The best portion of a person's life are the little, nameless, unremembered acts of kindness and love." ---
William Wordsworth
Alder House ,...... a better alternative
Alder House ....... because you deserve the very best
http://server2.kepnet.com/ALDERHSE/ 6/10/2004
e6/el/2ee4 11:13 - _ 8~54734744 . KENDRA AND SCOTT. - -
CAt\n '. ~I\~ H e fFernofD A TT ACHMENT 6
Community Developmerit Department June 1, 2004
City of Arroyo Grande PliulJ I ing Commission
214 E. Branch Street ~7
Arroyo Grande, CA 9342(>
I
RE:REZONING ALDER HOUSE
To Whom It May Concenr
This letter is written: in response to notice received on
Development Code Amm~dment 04-001 and General Plan
Amendment 04-001. This "1t.1ter supercedes the letter written on
May 24th, 2004. As the o\ifners of the property located at 268 Alder
Street our home is directly across the street :trom the proposed
senior "annex." We would. be the.most significantly in;lpacted by
the proposed development! due to our immediate location.
We have known for some time that Joanne and Victor have
ii'
wanted to expand Alder House and it was originally explained to
us that they were going tQjust simply remodel the two existing
homes. However, now th~t our neighbors and an architect have
seen these plans for the ptoposedannex it is clear that the proposed
structure would not fit in neighborhood, would significantly impact
traffic and environmentali.~ay-out of on Alder Street.
I understand that JO,anne argues that traffic would not be a
concern because seniors don't have cars but I respectfully disagree
as many individuals fteqlll;~t ~e facility to visit, there would be
additional staff in the employ -of Alder House and by only adding
. six additional parkingspa,ces the added cars would be displaced
onto Alder Street which i~ already a busy street that is not family
friendly, Case in point, the facility across from Elm Street Park
does not have sufficient parking and all the cars are forced to park
on Elm Street thus creatirig a parking problem for individuals
I,
frequenting the park.
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e6/e1/2ee4 11:13 aeS4734744 KENDRA AND SCOTT PAGE e2
-
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.,
Since our previous cerrespond~nce we have spoken with
several neighbors immediately adjacent to the proposed property.
The notice sent by the planning department citing Alder Houses's
intention to "build an annqx" is misleading. The intention has been
clarified to us that the existing structures will be demolished and a
completely new two story structure encompassing the two lots will
be erected. This was never! expressed to us previously and in light
of this new information w~ are opposed to the project. Joanne and
Victor have always been very good neighbors but we feel
extremely mislead with this new development. We own a two-
story home directly across.~ ftom the proposed development but a
single family home is sub~tantial1y different that a Super High
Density Living Facility which will seriously impact the traffic flow
and environmental imp~s of the neighborhood. I realize that the
City o~ Arroyo. Grande is 1!lat1dated to provide a certain percentage
of senior living apartments but this is not the area, neighborhood or
manner in which to accoJriplish this.
L.',"
.,
When we remodeled several years ago and were very
attentive to and concemed;with how our neighbors would feel
about our addition. We worked very diligently to share plans with
everyone and keep every~ne infonned as to our intentions, Joanne
. and Victor have not donelhis.As such, since the plans have
changed dramatically froni what we were originally infonned
j.
would be a minor remodel we object to this project. We feel that
re-zoning and amending the General Plan in this fashion is also
condoning the proposed structure. It feels like subterfuge and a
less than neighborly way :~o conduct business.
,
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t'
. D. ~ agers
~.~~
Kendra Wagers r~
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" ~ "
Owners 268 Alder Street V;
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---- -----
~ Jim Bergman - Alder House . page,1J
From: <JAGG62@aol.com> A TT ACHMENT 7
To: <jbergman@arroyogrande.org.>
Date: 6/1/048:46:26 AM
Subject: Alder House
Re. Building an annex, 265,276, and 295
I can't be at your meeting but I do have one (and only ONE) concern.
EMPLOYEE PARKING!!!! PLEASE make sure this is addressed in the plan for this
annexsation!! As it
is right now, the employees park on the street 24/7 !II! There is always
someone parked on the side or front of my house that works there. ALL THE
TIME1!I1II1!1! I realize senior residential is a real need for our community, and
Alder House does a fine job for their residents, the issue is PARKING, PARKING,
PARKING!!!!!!!!!!!!!
Thank you,
GeeGee Soto
312 Alder
489-6892 .
--------~-
A TT ACHMENT 8
To whom it may concern:
We are against the proposed zone change and/or a planed destruction of properties
275 and 265 9n Alder St. (which is actually 995 Dodson St).
This is a single-family 'homes area and must remain that way. This is a residential
street and not a main street. A two stories structure with 30 or 50 rooms definitely
does not blend into this neighborhood.
It is . about time to stop destroying old neighborhoods which we live in. I would
suggest to you (whoever is/are responsible for these decisions) to destroy your
own neighbo:r;hoods first before you go into other people neighborhoods.
Always remember that we are the people who pay your salaries.
We would appreciate if you pay attention to these very important matters!
John Dome I~ cP&tt(;
237 Alder St.
Arroyo Grande Ca. 93420
REC-:~' ;Y-:D
, _ 4 " .....
JUN 0.1 2004
CITY OF t.....~~()';.') r:.','~,r:l:
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A TT ACHMENT 9
To the Planning Commission of the City of Arroyo Grande:
We are against any zoning change on properties 265.275 Alder Street.
Thank you for your attention!
,
Lynn Ankeny Sincerely
235 Alder St. . ~~
Arroyo Grande. Ca. 93420
REC-~~'"~D
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JUN 0 1 2004
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CITY OF ARROYO GRANDE
CITY COUNCIL
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the City Council of the
City of Arroyo Grande on the following item:
CASE NO.: Tentative Tract Map 04-001
APPLICANT: Camino Mercado Partners, LP
LOCATION: 597 Camino Mercado
PROPOSAL: Consideration of a Tentative Tract Map application for sixty (60)
condominium units previously approved as a sixty (60)-unit
apartment complex.
In compliance. with the California Environmental Q(Jality Act (CECA), the Community
Development Department has determined that the proposed project is categorically
exempt under Section 15305 of the CECA Guidelines,
Any person affected or concerned by this. application may submit written comments to the
Community Development Department before the City Council hearing, or appear and be
heard in support of or opposition to the project and the environmental impacts at the time
of hearing.
Any person interested in the proposal can contact the Community Development
Departn:1ent at 214 E. Branch Street, Arroyo Grande, California, during normal business
hours, 8:00 a.m, to 5:00 p.m. The project application is available for public inspection at
the above address.
If you challenge an item in court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this. notice, or in written
correspondence delivered to the City Council at, or prior to, the public hearing.
Failure of any person to receive the notice shall not constitute grounds for any court to
invalidate the action of the legislative body for which the notice was given.
DATE OF HEARING: TUESDAY, JUNE 22, 2004 AT 7:00 P.M.
PLACE OF HEARING: Arroyo Grande City Council Chambers
215 E. Branch Street
~ . Arroyo Grand., California 93420
.~uJ~
Kelly e ore, CMC
Director of Administrative Services/Deputy City Clerk
Publish 1 T, Friday June 11, 2004
,---,.
--- -- ---- ----- -...,
MEMORANDUM
TO: CITY COUNCIL
FROM: ROB STRONG ~
COMMUNITY DEVELOPMENT DIRECTOR
~At ..
BY: KELLY HEFFERNON
I ' ASSOCIATE PLANNER
SUBJECT: CONSIDERATION OF TENTATIVE TRACT MAP CASE NO, 04-
001; CONDOMINIUM TRACT MAP FOR A PREVIOUSLY
APPROVED 60-UNIT SENIOR APARTMENT COMPLEX; 579
CAMINO MERCADO; CAMINO MERCADO PARTNERS, LP
DATE: JUNE 22, 2004
RECOMMENDATION:
The Planning Commission recommends the Council adopt a resolution approving
Tentative Tract Map 04-001.
FUNDING:
The following financial assistance was approved for Conditional Use Permit No. 01-010
to develop a 60-unit senior apartment complex:
1. Affordable Housing Assistance Allocation of $40,700;
2. Fee credit of $3,985 of the Community Center Impact Fees; and
3. Fee credit of $39,672 of the Park Development Fees.
The total previously approved amount of financial assistance from these funds is
$84,357. Staff recommends that fee credits related to park impacts be increased to
$70,000. Staff further recommends that the Affordable Housing Assistance Allocation of
$40,700 not be approved, as State law regarding prevailing wages would apply.
Because six (6) of the fifteen (15) affordable units are proposed to be restricted to the
low-income level, a reduction of $33,960 in impact fees is anticipated (75% reduction of
impact fees, excluding water and sewer fees, per Housing Element Implementing
Program B.3-1).
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CITY COUNCIL
TTM 04-001
JUNE 22, 2004
PAGE 2
PROJECT LOCATION:
DISCUSSION:
Backaround
The City Council approved Conditional Use Permit 01-010 on January 22, 2002 to
construct a 60-unit senior apartment complex and 3,000 square foot senior recreation
center. On May 28, 2002 the City Council approved an amendment to the project to
convert the mix of one and two-bedroom units to all two-bedroom units. On August 26,
2003 the City Council authorized a second amendment to reduce the on-site parking by
two (2) spaces, allow construction easements on City open space property, remove
eighteen (18) Coast Live Oak trees, and construct a pedestrian path on City property.
Proiect Description
The physical layout and general description of the project remains unchanged from the
previously approved project, as well as the requirement that the occupants be restricted
to seniors (age 55 and older). The applicant intends to construct sixty (60)
condominium units (in place of apartments) in four (4) separate two-story buildings and
a 3,000 square foot senior center. The senior center will be owned by a homeowners
association for the development and managed by an outside non-profit, such as the
South County Seniors. A copy of the draft CC&Rs is included as Attachment 1 for
reference.
The parking requirements remain the same as previously approved, as shown in the
table below.
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CITY COUNCIL
TTM 04-001
JUNE 22, 2004
PAGE 3
TABLE 1: PARKING REQUIREMENTS-
Required Number of Parking Approved
Spaces Number of
Parking Spaces
2 bedroom units (60 1 covered space per unit and
units): 0.5 uncovered space per unit
(60 covered and 30 uncovered
sDaces)
Visitor Parking: 0.5 uncovered space per unit
(30 uncovered sDaces)
Subtotal: 60 covered and 60 uncovered
spaces (120 sDacesJ
---------------- ----------------------- -------------
---------------- ----------------------- -------------
3,000 square foot 1 parking space for 50 square
Senior Center feet of floor area designated for
public assembly (40 spaces,
assuming 2,000 square feet is
used for Dublic assemblvJ
---------------- ----------------------- -------------
---------------- ----------------------- -------------
TOTAL: 160 total parking spaces - 60 139 total
covered and 100 uncovered parking spaces
- 96 covered
and 43
uncovered
(13% reductionJ
Per Section 16.20.130 of the Development Code (Condominiums, Condominium
Conversions, and Mobilehome Park Conversion) the applicant has provided each
dwelling unit with a minimum of two hundred (200) cubic feet of exterior storage, and an
assigned covered parking space located within one hundred feet (100') of the respective
unit. The remaining seventy-nine (79) parking spaces are to be shared between the
residential units and senior center. All of the conditions from the previously approved
project, as amended, shall be required as part of the Tentative Map approval.
To provide further public benefit as a concession for allowing ownership of
condominiums units in place of rental apartments, staff recommends that the fifteen (15)
units reserved for Moderate-Income households be modified to include a mix of nine (9)
Moderate-Income units and six (6) Low-Income units (10% of the total units). This
recommendation is based on the following 2003 Housing Element Goals (as adopted by
City Council on November 25, 2003) applicable to the proposed condominium project:
Goal A: To provide a continuing supply of affordable housing to meet the
needs of existing and future Arroyo Grande residents in al/ income
categories.
Goal B: Ensure that housing that is constructed in the City is affordable to
al/ income levels.
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CITY COUNCIL
TTM 04-001
JUNE 22,2004
PAGE 4
Goal D: In order to provide affordable housing, especially for very-low
and low-income households, apartment construction shall be encouraged.
Goal F: The City's inclusionary housing ordinance shall be strengthened
to require more affordable units in housing and commercial development
projects.
Currently, Moderate-Income units sell for $245,724 and Low-Income units sell for
$158,448. The net loss to the applicant by requiring six (6) of the units to be Low-
Income is estimated to be approximately $523,656. The applicant has requested that
the requirement be changed to twelve (12) Moderate-Income units and three (3) Low-
Income units and no fee credits be provided (Attachment 2).
Plannina Commission
The Planning Commission considered this project on May 18, 2004 and June 1, 2004
(see Attachments 3 and 4 for Planning Commission Meeting Minutes). Issues
discussed included status and timing of installing the traffic signal at the intersection of
Camino Mercado and West Branch Street; oak tree removal; State and/or Federal laws
regulating senior housing; affordable housing requirements; financial assistance for
providing lower income housing; and Subdivision Map Act requirements regarding
condominium maps. Staff provided the following additional information to
Commissioners related to Subdivision Map Act and senior housing requirements:
Subdivision MaD Act
For condominium subdivisions that do not involve conversion of "existing" units, the
Subdivision. Map Act requires adherence to the same standards and findings as any
other tentative map. Section 66427 of the Subdivision Map Act specifically states the
following regarding condominium maps:
A map of a condominium project, a community apartment project, or of the
conversion of five or more existing dwelling units to a stock cooperative
project need not show the buildings or the manner in which the buildings
or the airspace above the property shown on the map are to be divided,
nor shall the governing body have the right to refuse approval of a parcel,
tentative, or final map of the project on account of design or location of
buildings on the property shown on the map not violative of local
ordinances or on account of the manner in which airspace is to be divided
in conveying the condominium. Fees and lot design requirements shall be
computed and imposed with respect to those maps on the basis of parcels
or lots of the surface of the land shown thereon as included in the project.
Nothing herein shall be deemed to limit the power of the legislative body to
regulate the design or location of buildings in such a project by or pursuant
to local ordinances.
If the governing body has approved a parcel map or final map for the
establishment of condominiums on property pursuant to the requirements
of this division, the separation of a three-dimensional portion or portions of
CITY COUNCIL
TTM 04-001
JUNE 22, 2004
PAGE 5
the property from the remainder of the property or the division of that
three-dimensional portion or portions into condominiums shall not
constitute a further subdivision as defined in Section 66424, provided each
of the following conditions has been satisfied:
(a) The total number of condominiums established is not
increased above the number authorized by the local agency
in approving the parcel map or final map.
(b) A perpetual estate or an estate for years in the remainder of
the property is held by the condominium owners in undivided
interests in common, or by an association as defined in
subdivision (a) of Section 1351 of the Civil Code, and the
duration of the estate in the remainder of the property is the
same as the duration of the estate in the condominiums.
(c) The three..dimensional portion or portions of property are
described on a condominium plan or plans, as defined in
subdivision (e) of Section 1351 of the Civil Code. (See
Attachment 5).
Grounds for denial of any tentative map must be based on the following findings
(essentially the reverse of findings for approval):
Section 66474.
(a) That the proposed map is not consistent with applicable general
and specific plans as specified in Section 65451.
(b) That the design orimprovement of the proposed subdivision is not
consistent with applicable general and specific plans.
(c) That the site is not physically suitable for the type of development.
(d) That the site is not physically suitable for the proposed density of
development.
(e) That the design of the subdivision or the proposed improvements
are likely to cause substantial environmental damage or
substantially and avoidably injure fish or wildlife or their habitat.
(f) That the design of the subdivision or type of improvements is likely
to cause serious public health problems.
(g) That the design of the subdivision or the type of improvements will
conflict with easements, acquired by the public .at large, for access
through or use of, property within the proposed subdivision. In this
connection, the governing body may approve a map if it finds that
alternate easements, for access or for use, will be provided, and
that these will be substantially equivalent to ones previously
acquired by the public. This subsection shall apply only to
easements of record or to easements established by judgment of a
court of competent jurisdiction and no authority is hereby granted to
a legislative body to determine that the public at large has acquired
easements for access through or use of property within the
proposed subdivision.
CITY COUNCIL
TIM 04-001
JUNE 22, 2004
PAGE 6
Senior Housino Leoislation
Sections 51.2 and 51.3 of the California Civil Code (Attachment 6) discuss prohibitions
regarding age discrimination in housing. Housing development for seniors must provide
the following elements:
(1) Entryways, walkways, and hallways in the common areas of the
development, and doorways and paths of access to and within the
housing units, shall be as wide as required by current laws
applicable to new multifamily housing construction for provision of
access to persons using a standard-width wheelchair.
(2) Walkways and hallways in the common areas of the development
shall be equipped with standard height railings or grab bars to
assist persons who have difficulty with walking.
(3) Walkways and hallways in the common areas shall have lighting
conditions, which are of sufficient brightness to assist persons who
have difficulty seeing.
(4) Access to all common areas and housing units within the
development shall be provided without use of stairs, either by
means of an elevator or sloped walking ramps.
(5) The development shall be designed to encourage social contact by
providing at least one common room and at least some common
open space.
(6) Refuse collection shall be provided in a manner that requires a
minimum of physical exertion by residents.
(7) The development shall comply with all other applicable
. requirements for access and design imposed by law, including, but
not limited to, the Fair Housing Act (42 V.S.C. Sec. 3601 et seq.),
the Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.),
and the regulations promulgated at Title 24 of the California Code
of Regulations that relate to access for persons with disabilities or
handicaps. Nothing in this section shall be construed to limit or
reduce any right or obligation applicable under those laws.
The conditions of approval have been amended to require the CC&Rs to comply with
Civil Code Sections 51.2 and 51.3 to ensure that these requirements are implemented.
Staff Advisory Committee (SAC)
During the SAC meeting on March 31 , 2004 (see Attachment 7 for meeting notes), the
applicant was asked to clearly designate parking for each residential unit, identify
location of enclosed storage space for each unit, and to provide various revisions to the
project plans and CC&Rs to satisfy Public Works requirements. Per SAC comments,
the applicant revised the project plans and submitted the remaining information
necessary to bring the project forward to public hearing.
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CITY COUNCIL
TTM 04-001
JUNE 22, 2004
PAGE 7
PUBLIC COMMENTS:
A public notice was sent to all property owners within 300 feet of the proposed project, and
a public notice was placed in the Times-Press-Recorder. Staff received one letter from
Earl Paulding in support of the project (Attachment 8).
ENVIRONMENTAL ASSESSMENT:
Staff has reviewed this project in compliance with the California Environmental Quality Act,
and has found that the Mitigated Negative Declarations prepared for Conditional Use
Permit 01-010 and Amended Conditional Use Permit 03-003 are adequate for the project
deyelopment. The mitigation measures from these two (2) previous environmental
determinations have been incorporated into the conditions of approval for the tentative
tract map.
AL TERNA TlVES:
The following alternatives are presented for Council consideration:
1. Approve the Planning Commission's recommendation and adopt the resolution;
2. Modify the Planning Commission's recommendation and adopt the resolution;
3. Modify Condition #19 regarding affordable housing requirements to be twelve
(12) Moderate-Income units and three (3) Low-Income units, eliminate the fee
credits, and adopt the resolution;
4. Take tentative action to deny the project application and direct staff to prepare
the appropriate resolution for City Council action; or
5. Provide other direction to staff.
If the Council selects alternative 3, staff will return with the appropriate resolution at a
later meeting.
Attachments:
1. Draft CC&Rs for the Camino Mercado Senior Housing Condominium Project
2. Letter from applicant dated June 18, 2004
3. Planning Commission Meeting Minutes of May 18, 2004
4. Planning Commission Draft Meeting Minutes of June 1, 2004
5. California Civil Code Sections 1350-1351
6. California Civil Code Sections 51.2 and 51.3
7. Staff Advisory Committee Notes of March 31, 2004
8. Letter from Earl L. Paulding, dated May 13, 2004
S:\COMMUNITY _DEVElOPMENT\PROJECTS\TTM\TTM 04-001 Camino Mercado\CC rpt.doc
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RESOLUTION NO,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING TENTATIVE TRACT MAP
CASE NO. 04-001, LOCATED AT 579 CAMINO MERCADO, .
APPLIED FOR BY CAMINO MERCADO PARTNERS, LP
WHEREAS, the City Council approved Conditional Use Permit Case No. 01-010 on
January 22, 2002 to construct a 60-unit senior apartment complex and 3,000 square foot
senior recreation center; and
WHEREAS, the City Council approved Amended Conditional Use Permit Case No. 02-
002 on May 28, 2002 to bonvert the one-bedroom senior apartment units to an two-
bedroom units; and
WHEREAS, the City Council approved Amended Conditional Use Permit Case No. 03-
003 on August 26, 2003 to modify the plans approved for Conditional Use Permit Case
No. 01-010 by reducing the on-site parking by two (2) spaces, allowing construction
easements on City open space property, removing oak trees and constructing a
pedestrian path; and
WHEREAS, the City Council of the City of Arroyo Grande has considered Tentative Tract
Map 04-001, filed by Camino Mercado Partners, LP, to subdivide the 3.g8-acre property
into 60 residential condominium units and a 3,000 square foot senior center; and
WHEREAS, the City Council has held a public hearing on this application in accordance
with the Development Code of the City of Arroyo Grande; and
WHEREAS, the City Council has found that this project is consistent with the City's
General Plan, Development Code and the environmental documents associated
therewith; and
WHEREAS, the City Council has reviewed this project in compliance with the California
Environmental Quality Act (CECA), the State CECA Guidelines, and the Arroyo Grande
Rules and Procedures for Implementation of CECA and has determined that the
Mitigated Negative Declarations prepared for Conditional Use Permit 01-010 and
Amended Conditional Use Permit 03-003 are adequate for the project development; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
RESOLUTION NO.
PAGE 2
Tentative Tract Map Findings:
1. The proposed Tentative Tract Map is consistent with the goals, objectives, policies,
plans, programs, intent, and requirements of the General Plan map and text and
the requirements of the Development Code.
3. The site, as shown on the Tentative Tract Map, is physically suitable for the
proposed density because all .necessary easements, parking, open space, and
setbacks can be provided.
4. The design of the Tentative Tract Map or the proposed improvements are not likely
to cause substantial damage to the natural environment, including fish, wildlife or
their habitat.
5. The design of the subdivision or proposed improvements is not likely to cause
public health problems.
6. The design of the Tentative Tract Map and the type of improvements will not
conflict with easements acquired by the public at large for access through, or use
of; property within the proposed Tentative Tract Map or that alternate easements
for access or for use will be provided, and that these alternative easements will be
substantially equivalent to ones previously acquired by the public.
7. The discharge of waste from the proposed subdivision into an existing community
sewer system will not result in violation of existing requirements a prescribed in
Division 7 (commencing with Section 13000) of the California Water Code.
8. Adequate public services and facilities exist or will be provided as the result of the
proposed tentative tract map to support project development.
NOW, THEREFORE, BE IT RESOLVED that the City Council of 'the City of Arroyo
I Grande hereby approves Tentative Tract Map 04;.001, with the above findings and
subject to _the conditions of approval as set forth in Exhibit "A", attached hereto and
incorporated herein by reference.
On a motion by Council Member , seconded by Council Member ,
and by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 22"d day of June 2004.
_"_._~m ---
RESOLUTION NO.
PAGE 3
TONY M, FERRARA, 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
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RESOLUTION NO,
PAGE 4
EXHIBIT "A"
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP 04-001
CAMINO MERCADO PARTNERS, LP
579 CAMINO MERCADO
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes the subdivision of a 3.98-acre property into sixty (60) residential
condominium units and a 3,000 senior recreational center.
1. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
2. The applicant shall comply with aU conditions of approval for Conditional Use
Permit (CUP) No. 01-010 (Exhibit 1), Amended Conditional Use Permit (ACUP)
No. 02-002 (Exhibit 2) and Amended Conditional Use Permit No. 03-003 (Exhibit
3) unless otherwise amended by the conditions of approval for Tentative Tract
Map 04-001.
3. The applicant shall complywi~h all conditions of approval for Tentative Tract Map
04-001. .
4. This tentative map approval shall automatically expire on June 22, 2006 unless the
final map is recorded or an extension is granted pursuant to Section 16.12.140 of
the Development Code. This expiration date supersedes the dates specified in the
conditions of approval for CUP 01-010, ACUP 02-002 and ACUP 03-003.
5. Development shall occur in substantial conformance with the plans presented to
the City Council at the meeting of (see City Council Resolution) and marked
Exhibits 81 - 810 except as modified by these conditions of approval.
6. The applicant shall, as a condition of approval of this tentative map application,
defend, indemnify and hold harmless the City of Arroyo Grande, its present or
former agents, officers and employees from any claim, action, or proceeding
against the City, its past or present agents, officers, or employees to attack, set
aside, void, or annul City's approval of this subdivision, which action is brought
within the time period provided for by law. This condition is subject to the
provisions of Government Code Section 66474.9, which are incorporated by
reference herein as though set forth in full.
NOISE
7. Construction shall be limited to between the hours of 7am and 7pm Monday
through Saturday. No construction shall occur on Sunday.
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RESOLUTION NO.
PAGE 5
DEVELOPMENT CODE
8. Development shall conform to the Professional Commercial (P-C) zoning
requirements of the Oak Parks Planned Development (PD 1.1) except as
otherwise approved.
9. All fences and/or walls shall not exceed six feet (6') in height unless previously
approved through Conditional Use Permit 01--010 or Amended Conditional Use
Permit 03-003. Any additional deviations from this height limit shall be processed
through either a Minor Exception or Variance application.
10. The developer shall comply with Development Code Chapter 16.20, "Land
Divisions".
11. The developer shall comply with Development Code Chapter 16.64, "Dedications,
Fees and Reservations."
SPECIAL CONDITIONS
12. Each dwelling unit shall be provided with two hundred (200) cubic feet of exterior
storage space in a secure manner.
13. All assigned parking shan be provided. within one hundred (100) feet of the front
. entrance of the dwelling unit, and shall be covered parking spaces.
14. All permanent mechanical equipment, such as motors, compressors, pumps and
compactors, that are determined by the building official to be a source of structural
vibration or structure-borne noise, shall. be shock-mounted with inertia blocks or
bases and/or vibration isolators in a manner approved by the building official.
15. All common walls and floors shall have a maximum impact and sound
transmission class (STC) of fifty (50), or forty-five (45) if field-tested, as defined in
U.B.C. Standard No. 35.1.
16. All separated floor/ceiling assemblies between separate units shall provide impact
sound insulation equal to that required to meet tan Impact Insulation Class (IIC) of
fifty (50), or forty-five (45) if field tested, as defined in U.B.C. Standard No. 35.2.
17. The project shall meet or exceed the Uniform Fire Code requirements, and shall
be inspected and approved by the City Fire Chief, and additionally shall have a
complete one-hour fire separation between dweUing units (floors/ceilings, as well
as walls).
18. Provisions for laundry facilities shall be provided within each dwelling unit.
-. -.--
.
RESOLUTION NO,
PAGE 6
19. Twenty-five percent (25%) of the condominium units (or 15 units) shall be reserved
for moderate- and low-income seniors through a 30-year deed restriction recorded
on each unit, or equivalent restrictive covenant as approved by the City Attorney,
as follows: Nine (9) of the units shall be reserved for moderate-income s~niors,
and six (6) of the units shall be reserved for low-income seniors. The sales price
shall be based upon the moderate- and low-income limits provided by the County
of San Luis Obispo in its monthly bulletin summarizing the County's "Affordable
Housing Standards". Annual reports shall be submitted to the City from an
independent agency (such as the San Luis Obispo Housing Authority) verifying
compliance to this restriction. This condition supersedes condition of approval no.
14 for CUP No. 01-010.
PRIORTO ISSUANCE OF GRADING PERMIT i
20. Unless otherwise modified by these conditions of approval, the applicant shall
submit a perimeter-fencing plan showing all perimeter fences and/or walls. The
perimeter-fencing plan shall be approved by the Community Development
Director. Perimeter fencing shall generally be 6 feet high. Any existing fencing
may be used subject to the approval of the Community Development Director.
PRIOR TO RECORDING THE FINAL MAP
21. The applicant shall submit Covenants, Conditions and Restrictions (CC&Rs) that
are administered by a subdivision homeowners' association and formed by the
applicant for common areas within the subdivision. The CC&Rs shall be reviewed
and approved by the City Attorney and recorded with the final map.
22. The CC&Rs shall comply with California Civil Code Sections 51.2 and 51.3
regarding special considerations for senior citizen housing.
PUBLIC WORKS DEPARTMENT CONDITIONS
All Public Works Department conditions of approval as listed below are to be complied
with prior to recording the map or finalizing the permit, unless specifically noted otherwise.
23. Fees - The applicant shall pay all applicable City fees at the time they are due.
(For your infonnation, the "Procedure for Protesting Fees, Dedications,
Reservations or Exactions" is provided below).
24. Fees to be paid prior to plan approval:
a. Map check fee.
b. Plan check for grading plans based on an approved earthwork estimate.
c. Plan check for improvement plans based on construction cost estimate.
d. Permit Fee for grading plans based on an approved)earthwork estimate.
e. Inspection fee of subdivision or public works construction plans based on
an approved construction cost estimate.
f. Plan check fee incurred by the City for the review by the Coastal San Luis
Resource Conservation District.
~-
RESOLUTION NO.
PAGE 7
PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR
EXACTIONS:
(A) Any party may protest the imposition of any fees, dedications, reservations, or
other exactions imposed on a development project, for the purpose of defraying
all or a portion of the cost of public facilities related to the development project by
meeting both of the following requirements:
(1 ) Tendering any required payment in full or providing satisfactory evidence of
arrangements to pay the fee when due or ensure performance of the
conditions necessary to meet the requirements of the imposition.
(2) Serving written notice on the City Council, which notice shall contain all of
the following information:
(a) A statement that the required payment is tendered or will be
tendered when due, or that any conditions which have been imposed
are provided for or satisfied, under protest.
(b) A statement informing the City Council of the factual elements of
the dispute and the legal theory forming the basis for the protest.
(B) A protest filed pursuant to subdivision (A) shall be filed at the time of the
approval or conditional approval of the development or within 90 days after the
date of the imposition of the fees, dedications, reservations, or other exactions to
be imposed on. a development project.
(C) Any party who files a protest pursuant to subdivision (A) may file an action to
attack, review, set aside, void, or annul the imposition of the fees, dedications
reservations, or other exactions imposed on a development project by a local
agency within 180 days after the delivery of the notice.
(D) Approval or conditional approval of a development occurs, for the purposes of
this section, when the tentative map, tentative parcel map, or parcel map is
approved or conditionally approved or when the parcel map is recorded if a
tentative map or tentative parcel map is not required.
(E) The imposition of fees, dedications, reservations, or other exactions occurs, for
the purposes of this section, when they are imposed or levied on a specific
development.
-------- .-.--....-..----. .-----
RESOLUTION NO.
PAGE 8
GENERAL IMPROVEMENT REQUIREMENTS
25. The applicant shall adhere to Conditions of Approval for CUP 01-010, ACUP 02-
002 and ACUP 03-003.
26. The approved plans for CUP 01-010 are incorporated by referenced and shall be
modified and resubmitted to incorporate the changes required by these conditions
of approval.
27. Perform construction activities requiring City inspection during normal business
hours (Monday through Friday, 7 A.M. to 5 P.M.) for noise and inspection
purposes. The developer or contractor shall refrain from performing any work
other than site maintenance outside of these hours, unless an emergency arises or
approved by the Director. of Public Works. The City may hold the developer or
contractor responsible for any expenses incurred by the City due to work outside of
these hours.
IMPROVEMENT PLANS
28. All project improvements shall be designed and constructed in accordance with the
City of Arroyo Grande Standard Drawings and Specifications.
29. Submit three (3) full-size paper copies and one (1) full-size mylar copy of approved
improvement plans for inspection purposes during construction.
.
30. Submit as-built plans prior to acceptance of the improvements by the City. One (1)
set of mylar prints and an electronic version on CD in AutoCAD format shall be
required.
31. The applicant shall have the improvements completely constructed and accepted
by the City within 18 months of recordation of the map. Time extensions may be
granted at the approval of the Director of Public Works.
32. Revise the improvement plans to show which trees will be removed and which
trees will remain.
WATER
33. Construction water is available at the corporate yard. The City of Arroyo Grande
does not allow the use of hydrant meters.
34. Revise the improvement so each parcel shall have a separate water meter.
35. Revise the improvement plans to remove the 8" meter and replace with water
main.
.~ ----
RESOLUTION NO,
PAGE 9
SEWER
36. Each parcel shall be provided a separate sewer lateral.
37. All new sewer mains must be a minimum diameter of 8".
38. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with California State Health Agency standards.
39. Obtain approval from the South County Sanitation District for the development's
impact to District facilities prior to final recordation of the map.
GRADING
40. Perform all grading in conformance with the City Grading Ordinance.
41. Incorporate the comments from the Coastal San Luis Resource Conservation
District into the grading, drainage and erosion control plan. A copy of the comment
letter is attached.
DEDICATIONS AND EASEMENTS
42. All easements,. abandonments, or similar documents to be recorded as a
document separate from a map, shall be prepared by the applicant on 8 1/2 x 11
City standard forms, and shall include legal descriptions, sketches, closure
calculations, and a current preliminary title report. The applicant shall be
responsible for all required fees, including any additional required City processing.
43. Abandonment of public streets and public easements shall be listed on the final
map of parcel map, in accordance with Section 66499.20 of the Subdivision Map
Act.
44. Street tree planting and maintenance easement~ shall be dedicated adjacent to all
street right of ways. Street tree easements shall be a minimum of 10 feet beyond
the right of way, except that street tree easements shall exclude the area covered
by public utility easements.
45. A Public Utility Easement (PUE) shall be dedicated a minimum 6 feet wide
adjacent to all street right of ways. The PUE shall be wider where necessary for
the installation or maintenance of the public utility vaults, pads, or similar facilities.
46. The existing easements for water mains dedicated per Parcel Map AG 87-35 shall
be abandoned on the map.
47. A blanket Public Utility' Easement (PUE),' Public Water Easement, and Public
Sewer Easement shall be dedicated over the project site not occupied by
buildings.
--
RESOLUTION NO.
PAGE 10
48. The applicant shall make an offer of dedication for the open space depicted on the
tentative map on the final map.
PERMITS
49. Obtain an encroachment permit prior to performing any of the following:
a. Performing work in the City right of way.
b. Staging work in the City right of way.
c. Stockpiling material in the City right of way.
d. Storing equipment in the City right of way.
e. Obtain a grading permit prior to commencement of any grading operations
on site.
AGREEMENTS
50. Inspection Agreement: Prior to approval of an improvement plan, the applicant
shall enter into an agreement with the City for inspection of the required
improvements.
51. . Subdivision Improvement Agreement: The subdivider shall enter into a subdivision
agreement for the completion and. guarantee of improvements required. The
subdivision agreement shall be on a form acceptable to the City.
52. Covenants, Conditions, and Restrictions shall be submitted for review and
approval by the Director of Public Works and the City Attorney.
BONDS
53. All bonds or security shall be in a form acceptable to the City I and shall be
provided prior to recording of the map, unless noted otherwise. The Improvement
securities shall be such that they shall not expire until. the City accepts the
improvements.
54. Submit an updated engineer's estimate of quantities for public improvements for
review by the Director of Public Works to reflect the required modifications to the
improvement plans.
55. Provide bonds or other financial security for the following, to be based upon a
construction cost estimate approved by the Director of Public Works:
a. Faithful Performance: 100% of the approved estimated cost of all
subdivision improvements.
b. Labor and Materials: 50% of the approved estimated cost of all
subdivision improvements.
c. One Year Guarantee: 10% of the approved estimated CQst of all
subdivision improvements. This bond is required prior to acceptance of the
sub~ivision improvements.
- ----
RESOLUTION NO,
PAGE 11
d. Monumentation: 100% of the estimated cost of setting survey monuments.
This bond may be waived if the developer's surveyor submits to the Director
of Public Works a letter assuring that all monumentation has been set.
OTHER DOCUMENTATION
56. Tax Certificate: The applicant shall furnish a certificate. from the tax collector's
office indicating that there are no unpaid taxes or special assessments against the
property. The applicant may be required to bond for any unpaid taxes or liens
against the property.
57. Preliminary Title Report: A current preliminary title report shall be submitted to
the Director of Public Works prior to checking the map.
58. Subdivision Guarantee: A current subdivision guarantee shall be submitted to
the Director of Public Works prior to recording the Map.
PRIOR TO ISSUING A BUILDING PERMIT
59. The Final Map shall be recorded with all pertinent conditions of approval satisfied.
PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY
60. All utilities shall be operational.
61. All essential project improvements shall be constructed prior to occupancy. Non-
essential improvements, guaranteed by an agreement and financial securities,
may be constructed after occupancy as directed by the Director of Public Works.
CONDITIONS FROM COASTAL SAN LUIS RESOURCE CONSERVATION DISTRICT
62. See Exhibit C on file in the Community Development Department.
-.----
'.
.
EXHIBIT 81
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RECEIVED
EXHIBIT B-7 FEe 2 6 2004
CITY OF ARROYO GRANDE
COMMUNITY DEVELOP,~;Et~T DEF
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20', 5
PLAN A
AREA CALCS PLAN 'A'
966 SF
FLOOR AREA: 966 SF
TOTAL LIVING: 1 06 SF
PRIVATE PATIO: 23 SF
STORAGE:
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FLOOR AREA: 1039 SF
TOTAL LIVING: 1039 SF
PRIVATE PATIO: 120 SF
STORAGE: 26 SF
_..~----_. - ------ --~--~-- -------~.-_.._---_.- -
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FLOOR AREA: 962 SF
TOTAL LIVING: 962 SF
PRIVATE PATIO: 140 SF
STORAGE: 31 SF
.
Pearson's Erosion and Drainage Control :services EXHIBIT C
2399 Marjorie Place, Cambria, CA. 93428
Phone: (80S) 927-3327, e-maU: Disipator@aol.eom
"CAMINO MERCADO SENIOR APARTMENTS"
Gradint! and Drainae:e Plans review
Project Name: Camino Mercado' Senior- Apartments.
City of Arroyo Grande Depa~ent o~Planning Project No. CUP 01-010
Location:
The project lies on the North side of Camino Mercado Road some 300 feet north of the
intersection of West Branch Road and Camino Mercado Road, The site is bounded on the
west by an existing commercial business complex, on the North by residential home sites,
on the East by open land, and on the South by Camino Mercado Road.
Site Area:
The project site consists of some 3,7 acres. It is irregularly shaped with slopes ranging
from 5% to 500.10. Runoffflows from North to South onto Camino Mercado Road and into
the city of Ar!oyo Grande's storm drain system.
Project Description:
The proposed project consists of constructing a complex of single and two story
apartment buildings with associated parking, driveways, and installing the associated
utilities. The proposed grading to accomplish this requires cutting into the steep hill side
and using the cut material as fill to create building pads, parking areas, and driveways.
Runoff from the buildings, parking areas and driveways will be directed to an
underground drainage system ofPVC pipe. The runoffwill be conveyed, downhill, to the
city of Arroyo Grande's storm drain system buried beneath Camino Mercado Road.
Soils:
Soils on the project site and adjacent properties consists of a gravelly, sandy loam known
as "Chamise Shaly Loam". It is generally a deep and well drained soil formed from
sedimentary rocks. Typically the surface layer is some 12-inches thick with a subsoil of
weakly cemented shaly clay. Underlying this is a shaly sandy clay loam to a depth of
approximately 60-inches.
1
--~----~- -~ _..._.....__.~._----- ---. -'
Pearson's Erosion and Drainage Control Services
2399 Marjorie Place, Cambria, CA. 93428
Phone: (80S) 927-3327, e-mail: Disipator@aol.com
Permeability is very slow at 0.6 to 2,0. inches per hour. Available water holding capacity
is low making the establishment and maintenance of vegetation difficult
.- Surface runoffis rapid. .The hazard to sheet erosion is medium to high however the . """'h.,
hazard to erosion from concentrated flow is high.
Maxim permissible velocity, without creating erosion, for runoff flowing over this soil is
approximately 3 to 5 feet per second.
Observations: ."Site"
The project site has been previously graded leaving several small benches cut into the
hillside with fill placed on the downhill side of the benches, It is not known if the fills
wer properly placed and compacted, A small pile of excavated material lays adjacent to
Camino Mercado Road, and a roughly graded access road was graded along the East
boundary, The access road has several small gullies eroded into its surface from runoff
waters being permitted to collect into concentrated flows,
There appears to be little topsoil remaining that would be suitable, for capping the
project's proposed cut and fill surfaces, to help establish and maintain a protective
vegetative cover on them.
On site vegeta~on consists of several mature live oak trees, annual grasses, and low
profile brush.
Observations: "PIansIDrawings"
Sta"dtJrd Gmdinil Notes Sheet Cl.O
Note # 17 states that there will be some 30,000 cubic yards of cut and 10,000
cubic yards offill. This will result in approximately 10,000 to 15,000 cubic
yards of cut material left over to be disposed of somewhere, This material
should be placect at its final destination, in a manner that will not cause an
erosion and sediment problem..
Note # 21 staes that all cut and fill slopes shall be Hydroseeded upon completion
of grading. There are no specifications as to type or quantity of materials to be
used in the Hydroseed mix or a rate of application.
2
---~_._------ ---
Pearson's Erosion and Drainage Control Services
2399 Marjorie Place, Cambria, CA. 93428
Phone: (80S) 927...3327, e-mail: Disipator@aol.com
Erosion Control Notes: Sheet Cl.O
Notes # 1 through # 10. The erosion control notes are too vague in their
, description of what materials to. use for-erosion.controland.how.the materials are "-'.'
to be used. This vagueness leaves too much to the interpretation of personnel
who may not understand what materials to use, how to properly use them in a
given situation, or the importance of their proper use.
As can be seen on the accompanying photo nmoffwaters have eroded gullies
intO the existing access road's surface and rills into the face of some of the steep
slopes. The sediment from these gullies was probably washed into the city's
storm drain system.
Note # 1 states that the contractor must pond allnmoffat non-erodible locations
with the use of dikes, The size and locations of the non-erodible areas are not
identified. The type of materials, dimensions, and method of constructing the
dikes is not given, A failed pond, of sediment and water, due to improper design
and/or construction could create more erosion and put more sediment onto
Camino Mercado Road and into the city's storm drain system than if the pond
didn't exist.
Construction Notes Sheet C2.0
Note # 12 shows installation of a Cross Gutter (open concrete lined "V" ditch).
There are no supporting hydrology and hydraulic calculations for this drainage
ditch,
PliInsID'lIwinllS Sheet C4.0
The drawings show various diameters of underground pipe to be used for
collecting and conveying runoff waters from buildings and parking lots to a main
IS-inch diameter pipe buried beneath the proposed main driveway. This IS-inch
pipe in turn connects to the city's storm drain system under Camino Mercado
Road. There are no supporting hyrology or hydraulic calculations for the 4-inch
and I2-inch diameter pipelines,
3
i
_._~~._. ..--._"~ .._---- I
--------- ----.-_.....- -,'
Pearson's Erosion and Drainage Control Services
2399 Marjorie Place, Cambria, CA. 93428
Phone: (805) 927-3327, e-mail: Disipator@aol,com
Erosion Control Notes Sheet C7.0
Note # 5 alludes to desilting basins that will be cleaned of sediment and pumped
_, dq after each rain storm. Thelocations and dimensions of these basins are not
shown on the plans/drawings.
'.
PlansIDrawinllS Sheet C7.0
Silt Fence Detail: The proposed silt fence on the drawings is lacking in specifics
such as:
a.) Height of silt fence to remain above ground level.
b.) Depth of support stake to be driven into the ground.
c.) Spacing between the support stakes.
d,) Quality of silt fence material.
e.) Removal of sediment buildup behind fence,
f.) Maintenance of fence,
An improperly installed silt fence will fail to keep sediments, from this project
site, off Camino Mercado Road and out of the city's storm drain system.
Alan Block Retllininll Wall Desitm:
The Specifications Guidelines. Part 2: MATERIALS # 2.3 A. States that heavy clay or
organic soils shall not be used as backfill behind the drainage rock in back of the
retaining wall, The specified drainage rock has diameters ranging from 1/4 -inch to 1.5-
inches. The voids in the drain rock will be much larger than the particle size of the
adjacent backfill soil. This could result in the backfill soil particles, under hydrostatic
pressure, flowing into the voids in the rock, out through the joints in, and down the face
of the Allan Block wall. This could cause unwanted settling in the soil backfill and
reduce the drainage capacity of the rock chimney behind the retaining wall.
4
Pearson's Erosion and Drainage Control Services
2399 Marjorie Pla~e, Cambria, CA. 93428
Phone: (805) 927-3327, e-mail: Disipator@aol.~om
The Specifications Guidelines Water Management. Section 3. Part 1: General Drainasze
States that existing slopes adjacent to the retaining walls or slopes created dming the
grading process shall include drainage details so that surface waters will not drain over
the top of the slope face and/or wall. The plans/drawings do not show how this will be
accomplished.
Drainwze from behind the retaininsz wall: The cross sectional drawing shows the
proposed 4-inch PVC "Toe" drain line.~s bottom at the same elevation as the subgrade for
the base rock under the Allan Block. (see Allan Block Retaining Wall Design,
Construction Details sht. 1 of 2) This will have the potentialfor.permittingwater to pond
under the Allan Block and super-saturate the soil beneath. This in turn could result in
unwanted settling in sections of the retaining wall.
HvdrolotdclHvdraulic cfllculations bv Desim E"llineer. RThoIllDS01l:
A comparison of runoff yields, from the project, found by the method for calculating
runoff yield used by the design engineer, to the method generally used by the county of
San Luis Obispo gives a rather significant difference,
The design engineer calculated a runoff of 5,0 cubic feet per second. The San Luis
Obispo County's method which uses the Rational method (Q=CIA) results in a runoff
:flow of 8.88 cubic feet per second.
Using the Rational method with a runoff:
Coefficient of runoff of 0,8 for the buildings, parking areas, and driveway,
A rainfall intensity of 3.2 inches per hour for a 10 minute duration,
Area of drainage 3.0 acres =
CIA = 0.8 X 3.2 X 3.0 = 7,68 cfs.
Coefficient of runoff for the permeable areas = 0.5
I = 3,2 inches.
Area of drainage = 0.7 acre.
CIA = 0.5 X 3,2 X 0.7 = 1.20 cfs.
Total runoff from project site = 8.88 cfs.
5
--.-....--.....---..----.-..--..--...----.-
Pearson's Erosion and Drainage Control Services
2399 Marjorie Place, Cambria, CA. 93428
Phone: (80S) 927-3327, e-mail: Disipator@aol.com
Conclusion:
Because of the proximity of the project site to the major city street "Camino Mercado
Road" and the City of Arroyo Grande's storm drain system, the sites steep slopes, and
high erodibility of its soils proper measures, to control erosion and sediment dming and
after construction, must be employed. Pne such measure should include sediment basinls
dming construction of the project.
The proposed plans/drawings and specifications are lacking in some of these measures.
Recommendations:
In making the following recommendations it is assumed that:
a.) The contractor will be permitted to work dming the recognized rainy season from
October ISth of one year til AprillSth of the following year. Otherwise there is no
need for a drainage and erosion control plan,
b.) There will be rain during this period and any unprotected soil on the project will erode
and the sediment will drain downslope until it is mechanically stopped on the project
site or flows onto Camino Mercado Road and ultimately into the city's storm drain
system..
To help achieve the goal of controlling erosion and 'sediment associated with the
construction of this project to keep it on this project site, the following measures are
recommended,
Require that the ContractorlDesign Engineer submit the following:
1,) Plans showing the removal and stockpiling of all remaining topsoil for use to cap cut
and fill slopes with a minimum thickness of 6-inches. Import additional topsoil, for
this purpose, if necessary.
2.) Statement/plans showing how and where excess cut material will be disposed of,
6
- -------- -~---_.._-- ------~- ---
Pearson's Erosion and Drainage Control Services
2399 Marjorie Place, Cambria, CA. 93428
Phone: (805) 927-3327, e-mail: Disipator@aoLcom
3.) Material type, quantities and application rate for hydroseed mix to be applied to
finished slopes and other bare ground areas upon completion of grading.
4.) Explain more clearly, in the "Erosion Control Notes" How, what, where and when
materials will be used for erosion and sediment control.
5.) Design and show on the drawings, location and dimensions of sediment basins to
be used to keep sediments on site, Furnish their supporting design calculations and
maintenance methods,
6.) Supporting design calculations for the design of the Cross Gutter shown on
construction drawing sheet C2,O.
7.) Supporting hydrology/hydrauliccalculations for the design of the 4-inch through 12-
inch diameter drainage system's collection and conveyance pipelines.
8.) A detailed plan of silt fences to be used (see the one accompanying this report).
9,) Plans showing how fine particle soils in the backfill behind the Allan Block retaining
Wall drainage rock will be kept :&om flowing into the larger voids in the drain rock
thus precluding the above soil surface :&om settling, discoloration of the face of the
Allan Block, and reduction of the drainage capacity of the drain rock.
10,) Plans showing how surface drainage will be prevented :&om flowing over the top and
down the face of the Allan Block retaining wall.
11.) A revised drawing of the Allan Block retaining Wall installation showing rel~on
of the ''Toe drain" to preclude water :&om ponding under the Allan Block Wall (see
my revision of Allan Block's original cross sectional drawing).
12.) Runoff calculations, for the project, using the "Rational Method" as is used by San
Luis Obispo County's engineering department.
13.) A detailed plan showing how contractor will prevent the main drive road :&om
eroding during construction. This will be the logical access road to upper areas of the
project site during construction, Portions of this road will have steep slopes which
will encourage concentrated erosive nmoff flows.
7
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is allowed above ground.
GuideUaes
To iDSUle JIIO.PI'l fuDctioDiDg of the silt fence install the bottom of the fence into an emmded trcDch.
Excavate the trench a IlJinilll1J1ft of 8-iDChes below the Datura1 ground 5111face.
IIIsta1l the geotextiIe feDciDg into the trench, making sure the bottom of the fenciDg. isa nqnirnoq, of
8-inches below the natural ground SUIface. Backfill the trench with soil
Immediately after ~lIi.. the fence in the trench and baddilliq with soil. <:ODIpIC:t the tOil on both
sides of the feDc:e by drtriD& the wheels of a tractor or skid loader next to and pera1IeI with the fence.
Where COIIIpICtioli by wheeled equipment is not practical the soil shall he COIDpICtecI by foot tampins or
other approved methods.
Silt Fence That Works
~.._._-- --- --~.._-----_. ---- --------
-
Exhibit 1
RESOLUTION NO. 3576
PAGE 5
- . -
EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT CASE NO. 01- 010
Central Coast Real Estate Development, Inc.
579 Camino Mercado
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITION~
This approval authorizes the construction of a 60-unit senior apartment complex and a
3,000 square foot senior recrea.tion center,
1, The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
2, The applicant shall comply with all conditions of approval for Conditional Use
Permit Case No, 01-010,
3. This application shall automatically expire on January 22, 2004 unless a building
permit is issued, . Thirty (30) days prior to the expiration of the approval, the
applicant may apply for an extension of one (1) year from the original date of
expiration.
4. Development shall occur in substantial conformance with the plans presented to
the City Council at the meeting of December 11, 2001 and marked Exhibits "81 -
8S", Setbacks, lot coverage, and floor area ratios shall be as shown on the
development plans, except as specifically modified by these conditions.
S. The applicant shall agree to defend at hislher sole expense any action brought
against the City, its present or former agents, officers, or employees because of
the issuance of said approval, or in anyway relating to the implementation thereof,
or in the alternative, to relinquish such approval. The applicant shall reimburse the
City, its agents, officers, or employees, for any cour:t costs and attorneys fee's
which the City, its agents, officers or employees may be required by a court to pay
as a result of such action, The City may, at its sole discretion, participate at its
own expense in the defense of any such action but such participation shall not
relieve applicant of hislher obligations under this condition,
DEVELOPMENT CODE
6, Development shall conform to the Professional Commercial (P-C) zoning
requirements of the Oak Parks Planned Development (PD 1,1) except as
otherwise approved.
7, Signage shall be subject to the requirements of Development Code Chapter 16,60.
~_.,-_._--- .~--- ---
RESOLUTION NO. 3576
PAGE 6
.. . .. 8. Setbacks, lot coverage, and floor area ratios shall be as shown on the
development plans except as specifically modified by these conditions.
NOISE
9, Construction shall be limited to between the hours of 7 a,m. and 7 p.m. Monday
through Friday and between 8 a,m, and 5 p,m. on Saturday or Sunday.
WATER
10. All new construction shall utilize fixtures and designs that minimize water usage,
Such fixtures shall include, but are not limited to. low flow showerheads. water
saving toilets, instant water heaters and hot water recirculating systems. Water
conserving designs and fixtures shall be installed prior to final occupancy.
SOLID WASTE
11. Per Development Code Section 16.48,130(c}, trash enclosures shall be screened
from public view with landscaping or other appropriate screening materials, and
shall be made of.masonry or concrete with an exterior finish that complements the
architectural features of the main building, The trash enclosure area shall be
large enough to accommodate recycling container{s}.
12, Trash enclosures shall be reserved exclusively for dumpster and recycling
container storage, Miscellaneous tires, auto parts. boxes, bins, racks, etc., will
not be allowed within the enclosure.
SPECIAL CONDITIONS
13. The development shall be restricted to senior citizens {ages 55 and older}.
14, Twenty-five percent {25%} of the apartment units {or 15 units} shall be reserved for
moderate-income seniors through a 30-year deed restriction recorded on each
unit. or equivalent restrictive covenant. Annual reports shall be submitted to the
City from an independent agency (such as the San Luis Housing. Authority)
verifying .compliance to this restriction,
15. If directed by City Council. the applicant shall enter into a funding agreement with
the City that describes the purpose and terms of financial assistance from the
City's Affordable Housing In-Lieu Fund,
16, For paving proposed under the dripline of existing oak trees, only porous pavers
shall be used to allow air and nutrient exchange to the root system. The pavers
shall comply with the most current ADA standards,
PRIOR TO ISSUING A BUILDING PERMIT:
17, The Community Development Director shall approve plans for the trash
enclosures.
-- --.---- ....-..--
RESOLUTION NO. 3576
PAGE 7
- - -
18, The development plans shall comply with Development Code, Chapter 16,56,
"Parking and Loading Requirements", The parking spaces shall be clearly marked
to delineate the tenant parking from the parking for the senior center,
19. The applicant shall paint a test patch on the building including all colors. The
remainder of the building may not be painted until inspected by the Community
Development Department or Building and Fire Department to verify that colors are
consistent with the approved color board. A 48-hour notice is required for this
inspection,
20, The applicant shall submit details of all proposed screening and retaining walls for
review and approval by t~e Community Development Director, Any fence, wall, or
combination thereof exceeding six (6) feet in height, but less than eight (8) feet,
shall require a Minor Exception approved by the Community Development
Director,
21. A landscape and irrigation plan shall be prepared by a licensed landscape
architect subject to review and approval by the Community Development and
Parks and Recreation Departments. The plan shall be consistent with the
requirements of Development Code Section 16,56,130, "Landscaping for Off
Street Pa!,l<ing Facilities", The landscape plan shall include the following:
a. Tree staking, soil preparation and planting detail;
b. The use of landscaping to screen ground-mounted utility and mechanical
equipment;
c. No significant trees to be 'removed.
d, The required landscaping and improvements, This includes:
1, Deep root planters shall be included in areas where trees are within five
feet (5') of asphalt or concrete surfaces and curbs;
2, Water conservation practices including the use of low flow heads, drip
irrigation, mulch, gravel, drought tolerant plants and mulches shall be
incorporated into the landscaping plan;
3, . An automated irrigation system,
4, Pampas grass shall be permanently removed from the project site.
5, No landscape materials shall be planted under the dripline of any
existing oak tree,
PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY:
22. Development shall comply with Development Code Sections 16.48,070, "Fences,
Walls and Hedges"; 16,48,090, "Lighting"; 16,48,120, "Performance Standards";
and 16.48,130 "Scre~ning Requirements",
23, The developer shall provide mail receptacles for the units as required by the
Postmaster of the Pismo Beach Post Office.
----_.-- -----"----
RESOLUTION NO. 3576
PAGE 8
- . .. ARCHITECTURAL REVIEW COMMITTEE
24, All ducts, meters, air conditioning equipment, and other mechanical equipment,
whether on the ground, on the structure or elsewhere, shall be screened from
public view with materials architecturally compatible with the main structure.
PARKS AND RECREATION DEPARTMENT
25. The applicant shall comply with the provisions of Ordinance 521 C.S., the
Community Tree Ordinance.
26, Linear root barriers shall be used at the front of the project to protect the
sidewalks.
.,
27, All street front trees shall be 24-inch box.
POLICE DEPARTMENT
PRIOR TO ISSUING A BUILDING PERMIT:
28. The applicant shall submit an exterior lighting plan for Police Department approval.
PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY:
. 29. The applicant shall post designated fire lanes, per Section 22500.1 of the
California Vehicle Code. ,
30. The applicant shall post handicapped parking, per Police Department
requirements.
BUILDING AND FIRE DEPARTMENT
31. The project shall comply with the most recent editions of the California State Fire
and Building Codes and the Uniform Building and Fire Codes as adopted by the
City of Arroyo Grande.
32. The project shall have a fire flow of 1 ,500 gallons per minute for a duration of four
hours,
33, The project shall be compliant with current state and federal disabled access laws
(ADA),
34, The project shall comply with Califomia State amended bUilding codes.
PRIOR TO ISSUING A BUILDING PERMIT:
35. The applicant shall show proof of properly abandoning all non-conforming items
such as ~eptic tanks, wells, underground piping and other undesirable conditions.
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RESOLUTION NO. 3576
PAGE 9
- . - 36. The applicant shall obtain County Health Department approval for the kitchen in
the Senior Recreation Center.
37, The applicant shall pay any review costs generated by outside consultants.
PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY:
38, Fire hydrants shall be installed per Fire Department and Public Works Department
standards,
39, All fire lanes must be posted and enforced, per Police Department and Fire
Department guidelines, Directional signage shall also be posted for emergency
access to the buildings. .
40, The applicant must provide an approved "security key vault" per Building and Fire
Department guidelines. '.
41. The building must be fully sprinklered per Building and Fire Department guidelines.
42, The applicant shall install a Fire Department approved fire alarm system per
National Fire Protection Association Standards,
43. Consistent with Mitigation Measure No. 20, the applicant shall provide a
Vegetation Management Plan for a portion of the open space property located
adjacent to and north of the project site, The Plan shall include an area having a
depth of 200' along the northern project boundary.
PUBLIC WORKS DEPARTMENT
GENERAL IMPROVEMENT REQUIREMENTS
44. Site Maintenance - The developer shall be responsible during construction for
cleaning city streets, curbs, gutters and sidewalks of dirt tracked. from the project
site, The flushing of dirt or debris to storm drain or sanitary sewer facilities shall
not be permitted, The cleaning shall be done after each day's work or as
directed by the Director of Public Works or the Community Development
Director,
45, Encroachment Permit - The applicant shall be responsible for obtaining an
encroachment permit for all work within a public right of way,
46. Grading - All grading shall be done in accordance with the City Grading
Ordinance,
47, Fees - The applicant shall pay all applicable City fees at the time they are due,
(For your information, the "Procedure for Protesting Fees, Dedications,
ReseIVations or Exactions" is provided below),
._~-
RESOLUTION NO, 3576
PAGE 10
- - -
PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR
EXACTIONS:
(A) Any party may protest the imposition of any fees, dedications, reservations, or
other exactions imposed on a development project, for the purpose of defraying
all or a portion of the cost of public facilities related to the development project by
meeting both of the following requirements:
(1 ) Tendering any required payment in full or providing satisfactory evidence of
arrangements to .pay the fee when due or ensure performance of the
conditions necessary to meet the requirements of the imposition,
(2) Serving written notice on the City Council, which notice shall contain all of
the following information:
(a) A statement that the required payment is tendered or will be
tendered when due, or that any conditions which have been imposed
are provided for or satisfied, under protest.
(b) A statement informing the City Council- of the fa.ctual elements of
the dispute and the legat theory forming the basis for the protest.
(B) A protest filed pursuant to subdivision (A) shall be filed at the time of the
approval or conditional approval of the development" or within 90 days after the
. date of the imposition of the fees, dedications, reservations, or other exactions to
be imposed on a development project.
(C) Any party who files a protest pursuant to subdivision (A) may file an action to
attack, review, set aside, void, or annul the imposition of the fees, dedications
reservations, or other exactions imposed on. a development project by a local
agency within 180 days after the delivery of the notice,
(D) Approval or conditional approval of a development occurs, for the purposes of
this section, when the tentative map, tentative parcel map, or parcel map is
approved or conditionally approved or when the parcel map is recorded if a
tentative map or tentative parcel map is not required,
(E) The imposition of fees, dedications, reservations, or other exactions occurs, for
the purposes of this section, when they are imposed or levied on a specific
development.
-- ---.
RESOLUTION NO. 3576
PAGE 11
- . ..
PRIOR TO ISSUING A BUILDING PERMIT:
48. Improvements required - All project improvements shall be designeq and
constructed in accordance with the City of Arroyo Grande Standard Drawings
and Specifications, except as may be modified by these conditions of approval.
The following improvement plans shall be prepared by a registered Civil
Engineer and approved by the Public Works Department:
a. Grading, drainage and erosion control.
b, Curb, gutter and sidewalk,
c. . Public utilities,
d, Water and sewer,
e, Traffic signal and street improvement for the intersection at Camino
Mercado and West Branch Street.
f. Signing and striping plan for the intersection at Camino Mercado and
West Branch Street.
49. Site Plan Requirements - The site plan shall include the following:
a, The location and size of all water, sewer and storm water facilities within
the project site and abutting streets or alleys.
b. . Location, quantity and size of all.sewer laterals.
c. The location, size and orientation' of all trash enclosures,
d. All parcel lines and easements related to the property,
e. The location and dimension of all paved areas,
f. The location of all public or private utilities,
g, The location of all existing improvements such as retaining walls.
50, Traffic signal design - Prior to issuing a building permit, all plans related to the
traffic signal at Camino Mercado and West Branch Street shall be completed,
and approval by the City and Caltrans shall be obtained.
51, Fee reimbursement - The developer shall implement the design and installation
of the Camino MercadolWest Branch Street signalization improvements as
described in these conditions. The City will reimburse the developer for the
design and construction costs for the signalization improvements to the extent.
that such costs exceed the developer's responsibility to pay for traffic
signalization fees. The improvements that are included in the reimbursement
\ .
are the signal installation, related signage and striping, and island modification.
52. . Reimbursement Agreement - Prior to signal plan approval, the developer shall
enter into a reimbursement agreement with the City, The reimbursement
agreement shall include the amount and timing of reimbursement.
53. Water Storage - Consistent with Mitigation Measure No, 3, the applicant shall
pay a water storage fee for fair share of costs of projects identified in the water
master plan, Based on previous calculations, the fair share would be $2,625 per
Equivalent Residential Unit w~ter usage.
--------- --
RESOLUTION NO. 3576
PAGE 12
- . -
54, Drainage design - All drainage facilities shall be designed to accommodate a
100-year storm flow,
55. Parking lot design - The cross slope on parking lot driving lanes shall not
exceed 5 percent.
56. Entrance design - The driveway entrance shall be designed with curb returns
having a minimum radius of 15 feet.
57, Improvement agreement - Prior to approval of any improvement plans, the
applicant shall enter into an agreement with the City for inspection of the
required improvements, .
58. Soils report - A preliminary soils report shall be prepared by a registered civil
engineer and supported by adequate test borings. All earthwork design and
grading shall be performed in accordance with the approved soils report.
59. Adjacent structures - The grading plan design shall include measures to protect
the adjacent structures from damage due to the construction,
60. Landscape approvals - Landscape and irrigation plans are. required.within the
public right of way, and shall be approved by the Community Development,
Parks and Recreation, and Public Works Departments.
61, Utility company review - All public improvement plans shall be submitted to the
public utility companies for review and comment. Utility comments shall be
forwarded to the Director of Public Works for approval.
62. . Plan submittals - Upon approval of the improvement plans, the applicant shall
provide a reproducible mylar set and 3 sets of prints of the improvements for
inspection purposes, Prior to acceptance of the improvements, the applicant
shall provide reproducible mylars, and 2 sets of prints of the approved record
drawings (as builts),
63. Recorded documents - All easements, abandonments, or similar documents to
be recorded as a document separate from a map, shall be prepared by the
applicant on 8%" x 11" City standard forms, and shall include legal descriptions,
sketches, closure calcul~tions, and a current preliminary .title report. The
applicant shall be responsible for all required fees, including any additional
required City processing fees.
PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY:
64. Water Neutralization Program - Consistent with Mitigation Measure No.2, The
applicant shall complete measures to neutralize the estimated increase in water
demand created by the project by either:
.f
~--_.._-_.-
RESOLUTION NO. 3576
PAGE 13
- . - Implementing an individual water program consisting of retrofitting existing
high-flow plumbing fixtures with low flow devices, The calculations shall be
submitted to the Director of Public Works for review and approval. The
pr~posed individual water program shall be submitted to the City Council
for approval prior to implementation; or,
Paying an in lieu fee of $2,200 per Equivalent Residential Unit water
usage,
65. Street widening - Camino Mercado shall be widened along the property
frontage, The widening shall provide a width 22 feet from centerline to the curb
(matching the existing curb to the east), The pavement structural section shall
be based on a Traffic Index (TI) of 6.0,
66. Intersection signalization - A traffic signal at Camino Mercado and West
Branch Street shall be installed and operational.
67, Curb and sidewalk - A concrete curb, gutter and 6-foot wide concrete ~idewalk
shall be constructed along the property frontage.
68. Parking lot striping - The parking lot spaces shall utilize double line striping.
69, Road Repairs - Camino Mercado shall be reconstructed across the property
frontage and to the center of the street to a structural section capable of
supporting a TI=6,O,
70. Site Drainage - Roof drainage and parking lot drainage shall be collected in a
storm drain system, The public storm drain in Camino Mercado approximately
100 feet west of the project boundary shall be extended to connect to the project
drainage system.
71. Storm Drains - The onsite storm drain system shall be private, The storm drain
in Camino Mercado shall be public, All on-site private drainage structures shall
be equipped with a fossil filter and debris catcher, The applicant shall implement
a regular maintenance and cleaning program for the on-site drainage facilities,
Both the filters and the maintenance program shall be subject to the approval of
the Director of Public Works.
72. Site Grading - All existing cut slopes, which have been previously graded and
left in an unsafe condition, shall be graded to a safe condition with a maximum
slope of 2: 1,
73. Relocate Water Facilities - The existing water air release valve and the existing
fire hydrant shall be relocated as necessary to accommodate the new
improvements, as required by the Director of Public Works,
74, Onslte private fire lines - Private onsite fire sprinkler lines shall be connected to
the public water system with a backflow prevention assembly, The backflow
--- ,-.--..-
RESOLUTION NO. 3576
PAGE 14
- . - assembly shall be painted green. Fire department connections shall be located
per the Fire Department requirements,
75. Onsite public fire lines - A 15-foot wide easement shall be provided for public
waterlines serving onsite fire, as required by the Director of Public Works.
76. Water-sewer crossings - All sewer mains or laterals crossing or parallel to
public water facilities shall be constructed in accordance with California State
Health Agency standards,
77, Water meters - Water meters shall be located in the public sidewalk or as
approved by the Director of Public Works, Separate meters may be used for
irrigation,
78. Sewer Connection - The onsite sewer system shall be private and shall
connect to the public sewer system in a single location, Sewer laterals larger
than 4 inches shall connect to the public system at a manhole,
79. Existing Services - Existing water and sewer services not used by the project
shall be abandoned per the requirements of the Director of Public Works.
80. CitY benchmark - The applicant shall install new City Benchmark in' the vicinity
of Camino Mercado,
81, Underground new utilities - All new public utilities shall be installed as
underground facilities except as noted.
82, Utilities operational - Prior to approving any building permit within the project
for occupancy, all public utilities shall be operational.
83. Senior Center Agreement - Prior to issuance of the Certificate of Occupancy, the
applicant shall enter into an agreement with a private, non-profit ~ntity or public
entity for the operation of the Senior Center within the project for the maximum
benefit of the Arroyo Grande and South County senior citizen community, The
Agreement shall have a minimum term of 10 years and shall.be subject to the
approval of the City Manager and City Attorney,
-------------- -----
RESOLUTION NO, 3576
PAGE 15
- . -
MIT/GA T/ON MEASURES
A negative declaration with mitigation measures has been adopted for this project. The
following mitigation measures shall be implemented as conditions of approval and shall
be monitored by the appropriate City department or responsible agency. The applicant
shall be responsible for verification in writing that the mitigation measures have
been implemented,
1. The applicant shall implement the recommendations included in the Preliminary
Soils Engineering Report prepared by GeoSolutions, Inc, dated October 4, 2001
(Project No, SL002497-1), included in the Initial Study as AttachmAnt A.
Monitoring: Review of grading, drainage, and
foundation plans
Responsible Dept: Public Works Department
Timeframe: Prior to issuance of building permit
2. The applicant shall complete measures to neutralize the estimated increase in
water demand created by the project by either:
Implementing an individual water program that utilizes fixtures and
designs that minimize water usage: The calculations shan be submitted to
the Director of Public Works for review and approval. The proposed
individual water program shall be submitted to the City for approval prior
to implementation; or, paying the in lieu fee,
Monitoring: Review of individual water program or payment
of the in lieu fee
Responsible Dept: Public Works Department
Timeframe: Prior to issuance of building permit
3, The applicant shall pay a fee of $2,625 per Equivalent Residential Unit water
usage for adequate water storage for the project,
Monitoring: Pay required fee
Responsible Dept: Public Works Department
Timeframe: Prior to issuance of building permit
4. All new construction shall utilize fixtures and designs that minimize water usage.
Such fixtures shall include, but are not limited to, water saving toilets, instant
water heaters and hot water recirculating systems. Water conserving designs
and fixtures shall be installed prior to final occupancy,
Monitoring: Review of building plans
Responsible Dept: . Building and Fire.Department
Timeframe: Prior to issuance of building permit
----- -....--.-----
RESOLUTION NO, 3576
PAGE 16
- - - 5. All landscaping shall be consistent with water conservation practices including
the use of drought tolerant landscaping, drip irrigation, and mulch, To the
greatest extent possible, lawn areas and areas requiring spray irrigation shall be
minimized.
Monitoring: Review of landscaping and irrigation plans
Responsible Dept: Parks and Recreation Department
Tlmeframe: Prior to issuance of building permit
6. The applicant shall provide detailed drainage calculations indicating that
increased run-off can be accommodated by existing facilities andlor provide on-
site retention basins to the satisfaction of the Director of Public Works,
Monitoring: Review of grading plans
Responsible Dept: Public Works Department
Timeframe: Prior to issuance of a grading permit
7, During construction, water trucks or sprinkler systems shall be used to keep all
areas of vehicle movement damp enough to prevent dust from leaving the site.
At a minimum, this would include wetting down such areas in the later morning
and after work is completed for the day and whenever wind exceeds 15 miles per
hour, Reclaimed (non-potable) water should be used whenever poss~ble.
8. Soil stockpiled for more than two days shall be covered, kept moist, or treated
with soil binders to prevent dust generation,
9. Permanent dust control measures identified in the revegetation and landscape
plans should be implemented as soon as possible following completion of any
soil disturbing activities,
10. Exposed ground areas that are planned to be reworked at dates greater than
one month after initial grading should be sown with fast-germinating native grass
seed and watered until vegetation is established,
11, All vehicles hauling dirt, sand, soil, or other loose materials are to be covered or
should maintain at least two feet of freeboard (minimum vertical distance
between top of load and top of trailer) in accordance with eve Section 23114,
12. All roadways, driveways, sidewalks, etc. to be paved should be completed as
_ soon as possible. In addition, building pads should be laid as soon as possible
after grading unless seeding or soil binders are used,
13. Vehicle speed for all construction vehicles shall not exceed 15 mph on any
unpaved surface at the construction site.
14. Sweep streets at the end of each day if visible soil material is carried onto
adjacent paved roads,
~---- -_.~.._- ---
RESOLUTION NO. 3576
PAGE 17
- .-- For Mitigation Measures No.7 -14:
. Monitoring: Review of grading and building plans and site
inspections
Responsible D~pt: Public Works and Building & Fire Departments
shall inspect plans and spot check in the field
Timeframe: Prior to issuance of a grading permit and during
construction
15. The applicant shall install a traffic signal at the intersection of Camino Mercado
and West Branch Street. The applicarit and the City shall enter into a
reimbursement agreement providing that the City shall reimburse the .applicant the
difference in costs between the signal installation and the project's Signalization
Impact fee, The applicant may be reimbursed for those costs to the extent that
signalization impact fees are available and programmed for this project.
Monitoring: The applicant shall install the traffic signal
Responsible Dept: Public Works Department
Timeframe: Prior to issuance of Certificate of Occupancy
16, The applicant shall pay the City's Transportation Facilities Impact fee prior to
issuance of building permit.
Monitoring: The applicant shall pay the fees.
Responsible Dept: Building & Fire Department
Timeframe: Prior to issuance of building permit
17, Site development plans shall specify that grading and other types of disturbance
be precluded from a 25-foot buffer zone around the Pismo Clarkia populations to
minimize impacts. A fence and appropriate signageshall be placed around the
buffer zone to preclude impacts to Pismo Clarkia during construction,
.f"
Monitoring: The applicant shall submit plans showing these
protection measures,
Responsible Dept: Community Development Department
Tlmeframe: Prior to issuance of grading permit
18, The site development plans identifying protection areas around the Pismo Clarkia
shall be submitted to the California Department of Fish and Game (CDFG) at least
10 days prior to the start of site work.
Monitoring: The applicant shall submit the plans to CDFG
Responsible Dept: Community Development Department
Timeframe: Prior to issuance of grading permit
---_.~ --
RESOLUTION NO, 3576
PAGE 18
- . - 19. Protective fencing shall be installed around each tree at the dripline, The fencing
shall be installed prior to any site clearing, grading, or demolition activities, and
shall remain in place until construction is cOmplete, including landscaping.
Weatherproof signs shall be permanently posted on the fences, stating the
following:
Tree Protection Zone
No pArRonnel, equipment, matluials, or vAhlt:'e5 aM allowed
Do Not move or remove this fence
[Name of arborist or consultant]
[Name and phone number of developer or general contractor]
Monitoring: Field inspection.
Responsible Depts: Parks & Recreation and Community
Development Departments
Timeframe: Prior t.o issuance of grading permit
20. The applicant shall submit a Vegetation Management Plan for a portion of the
open space property located adjacent to and north of the project site. The plan
shall include an area having a depth of 200' along the northern project boundary,
Monitoring: The applicant shall submit the plan
Responsible Dept: Building & Fire Department
Timeframe: Prior to issuance of building permit
21. All construction equipment shall be provided with well-maintained, functional
mufflers to limit noise,
22, All construction activities shall comply with the time limits specified by the Arroyo
Grande Municipal Code,
23, To the greatest extent possible, grading and/or excavation operations at portions
of the site bordering developed areas should occur during the middle of the day
to minimize the potential for disturbance of neighboring noise sensitive uses.
For Mitigation Measures No. 21 - 23:
Monitoring: Notes shall be placed on the construction plans
. referencing the above measures.
Responsible Dept: Public Works Department
Timeframe: During construction
--.- ---
RESOLUTION NO, 3576
PAGE 19
- . - 24, The following note shall be placed on the grading and improvement plans for the
project:
"In the event that during grading, construction or development of the project,
archeological resources are uncovered, all work shall be halted until the
significance of the resources are determined, If human remains (burials)
are encountered, the County Coroner (781-4513) shall be contacted
immediately, The applicant may be required to provide archaeological
studies and/or additional mitigation measures as required by the California
Environmental Quality Act if archaeological resources are found on the
site,"
Monitoring: Review of grading plans and site visits by the
Public Works Inspector
Responsible Dept: Public Works and Building & Fire Departments
Timeframe: Prior to issuance of a grading permit and during
site grading
25. The applicant shall pay all applicable park development fees to the City,
Monitoring: The applicant shall pay the park development
fees
. Responsible Dept: Parks & Recreation Department
Timeframe: Prio~ to issuance of building permit
.
-- ---~-- ------
. . . Exhibit 2
RESOLUTION NO. 3593
PAGE 4
EXHIBIT "A"
CONDITIONS OF APPROVAL
AMENDED CONDITIONAL USE PERMIT CASE NO. 02- 002
Central Coast Real Estate Development, Inc.
579 Camino Mercado
COMMUNITY DEVELOPMENT DEPARTMENT
.
GENERAL CONDITIONS
This approval authorizes an amendment to Conditional Use Permit Case No. 01-010 to
convert twenty one-bedroom units to two-bedroom units. The total number of units
originally approved (sixty) remains unchanged, All sixty un.its are now two-bedroom.
1, The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project,
2. The applicant shall comply with all conditions of approval for Conditional Use
Permit Case No. 01-010 and Amended Conditional Use Permit Case No. 02-002,
3, This application shall automatically expire on May 28, 2004 unless a building
permit is issued, Thirty (30) days prior to the expiration of the approval, the
applicant may apply for. an extension of one (1) year from the original date of
expiration.
4, Development shall occur in substantial conformance with the plans presented to
the City Council at the meeting of May 28, 2002, and marked Exhibits "B 1 - B5".
Setbacks, lot coverage, and floor area ratios shall be as shown on the
development plans, except as specifically modified by these conditions,
5, The applicant shall agree to defend at hislher sole expense any action brought
against the City, its present or former agents, officers, or employees because of
the issuance of said approval, or in anyway relating to the implementation thereof,.
or in the altemative, to relinquish such approval. The applicant shall reimburse the
City, its agents, officers, or employees, for any court costs and attomey's fee's
which the City, its agents, officers or employees may be required by a court to pay
as a result of such action, The City may, at its sole discretion, participate at its
own expense in the defense of any such action but such participation shall not
relieve applicant of his/her obligations under this condition,
-~--,..,-_._-_.__.- _.~_.- --"--"-
Exhibit 3
RESOLUTION NO. 3706
PAGE 4
EXHIBIT "A"
CONDITIONS OF APPROVAL
AMENDED CONDITIONAL USE PERMIT CASE NO. 03-003
Central Coast Real Estate Development, Inc.
579 Camino Mercado
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes an amendment to Conditional Use Permit Case No. 01-010 to
reduce the on-site parking by two (2) additional spaces, allow construction easements on
City property, remove eighteen (18) Coast Live Oak trees, and construct" a pedestrian
path on adjacent City property,
1. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project,
2. The applicant shall comply with all conditions of approval for Conditional Use
Permit Case No. 01-010, Amended Conditional Use Permit Case No, 02-002, and
Amended Conditional Use Permit Case No, 03-003.
3. This application shall automatically expire on August 26, 2005 unless a building
permit is issued. Thirty (30) days prior to the expiration of the approval, the
applicant may apply for an extension of one (1) year from the original date of
expiration,
4, Development shall occur in substantial conformance with the plans presented to
the City Council at the meeting of August 26, 2003, and marked Exhibit "81".
Setbacks, lot co'(erage, and floor area ratios shall be as shown on the
development plans, except as specifically modified by these conditions.
5. The applicant shall agree to defend at hislher sole expense any action brought
against the City, its present or former agents, officers, or employees because of
the issuance of said approval, or in anyway relating to the implementation thereof,
or in the altemative, to relinquish such approval. The applicant shall reimburse the
City, its agents, officers, or employees, for any court costs and attomey's fee's
which the City, its agents, officers or employees may be required by a court to pay
as a result of such action. The City may, at its sole discretion, participate at its
own expense in the defense of any such action but such participation shall not
relieve applicant of his/her obligations under this condition,
6, To formalize the offer of dedication to the City of Arroyo Grande of the northern
portion of the property where the pedestrian path terminates, the applicant shall
record an irrevocable open space easement on behalf of the City,
-- -
I
RESOLUTION NO, 3706
PAGE 5
7. Prior to issuing a <;ertificate of occupancy, the applicant shall make necessary
improvements for the pedestrian path as indicated on Exhibit "8".
8. The landscape plan shall include a mix of plant material that screens the project
and pathway from adjacent residents,
9. The public pedestrian path that begins at the bus turnout on Camino Mercado in
front of the project site shall connect to the pedestrian path located adjacent to the
access driveway on City property. The pedestrian crossing over the access
driveway shall be clearly marked,
10. To satisfy tree removal mitigation requirements, the applicant shall plant fifty-four
(54) 5 and 15-gallon Coast Live Oak trees on and off site per the approved Tree
Protection and Replacement Plan, or as modified by the Parks, Recreation and
Facilities Director, and pay $13,500 as tree removal in~lieu fees for the ninety (90)
replacement trees that cannot be accommodated on or off-site, The replacement
trees shall be maintained by the applicant for a period of three (3) years, or until
the City determines that the replacement tress are established and no longer in
need of irrigation and maintenance, If any of the replacement trees die within this
timeframe, the applicant shall replace in~kind, subjeCt to approval of the Parks,
Recreation and Facilities Director,
.
--
DUGGAN SMITH & HUTKIN LLP A TT ACHMENT 1
THOMAS M. DUGGAN A TTOR,).,jEYS AT LAW
LINDA SOMERS SMITIi
MARIA L. HUTKIN 979 080S Street, Suite F
OfC"unsc1 Post Office 8o.~ 15139
RICHARD N. RACOUILLA T SAN LUIS OBISPO, CALIFORNIA 93406
(805) 546-2060 REC:::'::D
Fax (805) 546-8865
APR 2 7 2C04
CITY OF ARROYO r (:) ~. ~ 'nE
COMMUNITY D;:;':::Lc;~ ...", i L~PT.
April 9, 2004
Jason Blankenship HAND DELIVERY
Camino Mercado Partners
2000 Mattie Drive
Pismo Beach, CA 93449
Re: Camino Mercado
Jason:
Enclosed are the revised CC&Rs for the Camino Mercado Senior Housing Condominium
Project. Sections 2.2 and 6.1 were revised to address the City's concerns.
Please let me know if you have any questions or need any other services in connection with
this project.
Sincerely,
enclosure
LSS:jrh
M:\ I Client Files\l Client Files\CCRED\CaminoMercado\Lctters\Ur-CaminoMercado-040804. wpd
Declaration Cover Sheet
If this document contains any restriction based on race, color,
religion, sex, familial status, marital status, disability, national
origin, or ancestry, that restriction violates State and Federal Fair
Housing Laws and is void, Any person holding an interest in this
property may request that the County Recorder remove the
restrictive covenant language pursuant to subdivision (c) of Section
12956,1 of the Government Code,
However, all lawful restrictions under state and federal law on the
age of occupants in senior housing or housing for older persons
shall not be construed as restrictions based on familial status,
Recording Requested By:
Camino Mercado Partners, LP
When Recorded Mail To:
Mr. Gary Collett
Camino Mercado Partners
A Limited Partnership
191 W. Wilbur Road, Suite 103
Thousand Oaks, CA 91360
DECLARATION OF
COVENANTS CONDITIONS & RESTRICTIONS
CAMINO MERCADO SENIOR CONDOMINIUM
OWNERS ASSOCIATION
a California nonprofit mutual benefit corporation
TABLE OF CONTENTS
ARTICLE I
DEFINITIONS................................ ........... ......... ........... ............................................. 2
1.1 Architectural Review Committee ...................................................................2
1.2 Articles........................................................... ..... ............................................ 2
1.3 Assessment.. ............ ........... .................................................... ......................... 2
1.4 Association........... ..... ....... .... ........... ..... ........... ....... ....... .................................. 3
1.5 Association Rules or Rules and Regulations .................................................. 3
1.6 Board of Directors or Board ............................................ ............................... 3
1.7 Bylaws........... ....... ...................... ..................................................................... 3
1.8 Capital Assessment........... .................. .............. ...... ........................................ 3
1.9 CC&Rs..... .......... ............... ........... .... ....................................... .........,.............. 3
1.10 Common Area. .................. .... .......................................................................... 3
1.11 Common Assessment... ..... ........ ...................... ......... .... ............... ..... ............... 3
1.12 Condominium or Unit....... .............................................................................. 3
1.13 Construction and Sales Period ........................................................................ 3
1.14 Declarant ..... .......... .............. ............. ..... ............. ............ .......... ....................... 4
1.15 Declaration....................... ............. .................................................................. 4
1.16 Exclusive Use Area. ................... .............. ....... ..... .... ....................................... 4
1.17 Governing Documents.............. ..................... .... .................... ......................... 4
1.18 Living Unit .................................................... ......................................,........... 4
1.19 Manager ............................ .................................. ........... ................................. 4
1.20 Member ....................................................... ...... .... .............. ............. ............... 4
1.21 Mortgage .................................... ....................................................... ..............4
1.22 Mortgagee.......... ..................................... ....... ...... ........................................... 4
1.23 Owner.. ............................................... ............. .................. .............................. 4
1.24 Person.... ................ ............. .... .......................... ............................................... 5
1.25 Property..................... .......................... ........... ............... ............ ...............,...... 5
1.26 Qualified Owner or Occupant ............................................................. ............ 5
1.27 Senior Center.................................................... .............................................. 5
1.28 Special Assessment.. ................ ......... .............. ........................ ........................ 5
ARTICLE II
PROPERTY RIGHTS.... .............. ................ ........ ............ .... ....... .............. .................. 5
2.1 Property Subiect to Declaration ..................................................................... 5
2.2 Elements of Condominium. ......................................., ,.................................. 5
2.3 No Separate Conveyance. ...................................... ............................... ......... 5
2.4 Nonexclusive Easements. ...... ........................... .............................................. 6
2.5 Partition Prohibited. .......... ...........................................,............ ........ ..........,...6
2.6 Encroachment Easements. ... ........... .... .............. ............... ............................... 6
2.7 Delegation of Use. ................................................ .......................................... 6
2.8 Lease Must Require Confonnance to Governing Documents. ....................... 7
1
2.9 Minimum Lease Term....... ............. ........................ ............... ...... .................... 7
2.10 Declarant's Construction and Sales Rights.................................................... 7
ARTICLE III
ASSOCIATION....... ..................... .................................... ........................ .................. 8
3.1 Existence. ......... .................... ................... ..... ............ ................................ ....... 8
3.2 Membership. ...................... ..........................................................................,.. 8
3.3 Membership is At>nurtenant to Unit. ..............................................................8
3.4 Transfer. .......... ...... ............. ...... ..... ............................ ...................................... 8
3.5 Voting ......,............ .......... ...... ... ........ ............................................................. 8
3.6 Joint Owner Disnute. .................................................................. .................... 9
3.7 Initial Board of Directors. .......................................... ........ .............. ....... ........ 9
3.8 Election of Board of Directors. ......................................... ........ ........ ..... ......... 9
3.9 Meetings.. ................. .................................................... .............. ..................... 9
3.9.1 Place of Meetings............ ................................ .................................. 9
3.9.2 Time of Meetings. ........ ........ .................................... ......................... 9
3.9.3 Notice of Meetings. ........... .............................................. ........ ........ 10
ARTICLE IV
MANAGEMENT, DUTIES AND POWERS OF ASSOCIATION......................... 10
4.1 Management of the Proiect. .......................................................................... 10
4.2 Powers and Duties Generally. ......... .............................................................. 10
4.3 Powers and Duties. ........................................................................... ............ 10
4.3.1 Utilities................... ................... ...................................................... 10
4.3.2 Insurance. .................. .............. ........ .............. .................................. 10
4.3.3 Management Services. ............. ..... ................................... ............... 10
4.3.4 Materials. .................................................... ............ ........................ 10
4.3.5 Management Space. .................................................................,. ..... 11
4.3.6 Repairs: Maintenance: Reconstruction. .......................................... 11
4.3.7 Gardening and Landscaping. .......................................................... 11
4.3.8 Trash: Rubbish Collection. ............................................................. 11
4.3.9 Miscellaneous Services. ............. .......................................... ........... 11
4.3.10 Senior Housing Consulting Services. ............................................. 11
4.3.11 Legal and Accounting. .................................................................... 11
4.3.12 Fidelity Bonds. ........... ............ ..... ......... ....... .................................... 11
4.4 Additional Authoritv. ..... ............. ................................... ............................... 12
4.5 Delegation of Powers to Manager. ................................................ ..... ........... 12
4.6 Right of Entry. ............. ...... ............. ............ ......... ............. ............... ............. 12
4.7 Annual Audit......... ........ ........ ....... .... ....................................... ...................... 12
4.8 Financial Records and Accounts: Inspection................................................ 13
4.9 Sus-pension of Right. ...... ............. ......... ......... ......... ..............................,........ 13
4.10 Enforcement of Bonded Obligations. ........................................................... 13
4.11 Limitation on Liability of Officers and Directors. ........................................ 14
4.12 Indemnification. .... ............ ...... ....................... ....................................,......,... 14
4.13 Personal Pronerty of Association. ................................................................. 14
4.14 Non-Profit Character and Senior Housing Oualification. ............................. 15
ii
~_._._-
4.15 Association as Attornev-in-Fact for Owners. ...............................................15
4.16 Verification of Qualified Owners and Occupants.. ........ ............................... 15
4.17 Maintenance of Senior Facilities. ............................................................... 15
4.18 ADA Comt>liance.... ....... ...... .......... .... ........ ................................... ................ 16
ARTICLE V
ASSESSMENTS........... ................ ............ .......... ...................................................... 16
5.1 Creation of the Lien and Personal Obligation of Assessments..................... 16
5.2 Purpose of Assessments. ................................................................... ....... ..... 16
5.3 Common Assessments. ............................... ........... ...... ................................. 16
5.3.1 Preparation of Annual Budget. ....................................................... 16
5.3.2 Limits for Increases of Common
and Capital Assessments....................................................... 17
5.3.3 Required Notice of Assessment Increases. .................................... 17
5.4 Capital Assessments for Cat>ital Inlt>rovements
or Extraordinary Expenses. ............................................................ 17
5.5 Reserve Contributions and Accounts............................................................ 17
5.6 Division of Assessments. .................................................................... .......... 18
5.7 Effect of Nonpayment of Assessments. ........................................................ 18
5.8 Transfer of Unit by Sale or Foreclosure. ...................................................... 18
5.9 Remedies. ............ ................ ......... ....... ........... ......... ....... ........... .................... 18
5.9.1 Payment Under Protest. .................................................................. 18
5.9.2 Enforcement. ............. ........................ ..... ............................. ...... ...... 19
5.9.3 Collection of Assessments ftom Tenants or Lessees. ..................... 19
5.10 St>eeial Assessments. ............................................................................ ....... 19
5.10.1 Dama2e to Common Area or Common Facilities........................... 19
5.10.2 Expenses Incurred in Gaining Member Compliance. ..................... 20
5.1 0.3 Chan2e of Occupancy. ............................................................... .....20
5.11 Levv of St>ecial Assessment and Payment.................................................... 20
ARTICLE VI
MAINTENANCE RESPONSIBILITIES.......... ........................................ .............., 20
6.1 Common Area Maintenance. ........... ...... ........... ....................................... ..... 20
6.2 Owner Maintenance Responsibilities. .......................................................... 21
6.3 Recovery of Costs of Certain Repairs and Maintenance. ............................. 21
6.4 Coot>erative Maintenance Obli2ations. .................................................... ..... 21
ARTICLE VII
USE RESTRICTIONS............. ................... ............................. .......... ........ ........ ....... 21
7.1 Obligation to Follow Use Restrictions,......................................................... 21
7.2 Senior/Single Family Residential Use. ......................................................... 22
7.3 Parking. ...... .............. ............ ..................................... .................................... 22
7.4 Uninsurable Use ofPropertv. .............................. ........................ .......,........,22
7.5 Pets. ............ .......,........,......... ....... .........................................................,........ 23
7.6 Nuisance. .................. ...................... ................ ............................................... 23
7.7 Signs......... ................................. ...... ................................... ........................... 23
111
7.8 Antennas and Satellite Dishes................... ................ ........................ ............ 23
7.9 Decks and Balconies. ...........................,................................................... ....23
7.10 Structural Inteszrity of Buildings. ............................................ ..... .......... ....... 24
7.11 Garbage Cans and Trash. ............ .... ................................. ................... ..........24
7.12 Fences. .............. ................ ......................... ........... .................. .... .................. 24
7.13 Exterior Clothes Lines. ...................................................................... ....... ....24
7.14 Power Equipment. ....... ...................... ......... ................................................... 24
7.15 Use of Common Area. .................................................................................. 24
7.16 Decoration of Units. ............................................ ........... .............................. 25
ARTICLE VIII
ARCHITECTURAL CONTROL................................ ....... ...... ................................ 25
8.1 ImDrovements in General~
Establishment of Architectural Review Committee. ..................... 25
8.2 Improvement Defined. .. ...... ............ .... ........... ...... ......................................... 25
8.3 Appointment of Architectural Review Committee. ...................................... 25
8.4 Submission of Plans: Action by Committee. ...............................................26
8.5 Architectural Rules. .............. ........ ........... ..................................................... 26
8.6 Variances. ...... ........................................ ................. ... .................................... 26
8.7 Waiver....... ........... .................................... ..... ................................................ 27
8.8 Liability. ................ ........................... ..............,.............................................. 27
ARTICLE IX
INSURANCE .............. .......................................................................... ................. 27
9.1 Insurance Covera2e. ... ..... ........... .................................................................. 27
9.1.1 Casualty........................ ............................... ............... ..................... 27
9.1.2 Liability... .... .................. ............ .................... ...... ............................ 27
9.1.3 Worker's Compensation. ......................................................... .......27
9.1.4 Directors Liability. '" .................... ............................... .................... 27
9.1.5 Other Insurance. .................... ..... ................. .................................... 27
9.2 Insurance Trustee. ..................... ........... .......... .............................................., 28
9.3 Waiver of Subrogation. ..........................,................... ... ................................ 28
9.4 No Duplicate Insurance Coverage. ............................................................... 28
9.5 Unit Owner Insurance Required. ..................................................................28
ARTICLE X
DAMAGE OR DESTRUCTION.. .... .... ....................... .............................. ............... 29
10.1 Destruction: Proceeds Exceed 85% of Reconstruction Costs....................... 29
10.2 Destruction: Proceeds Less Than 85% of Reconstruction Costs. ................. 29
10.3 Apportionment of Assessments. ...... .............................................................29
10.4 Rebuildin2 Contract. ........................... .... ..... ............ ..... ................................ 29
10".5 Rebuilding Not Authorized... ....... .............................. .... ...... ......................... 30
10.6 Minor Repair and Reconstruction. ................................................................ 30
10.7 Revival of Right to Partition. ........................................................................30
IV
--------.- ---.-..- ---"._- --
ARTICLE XI
COND EMNA TION ................ .... .... .................. ....... ........ ..... .................................... 30
11.1 Sale by Unanimous Consent. ........................................................................ 30
11.2 Distribution of Proceeds of Sale. .................................................................. 31
11.3 Distribution of Condemnation Award. .........................................................31
11.4 Avpraisal if Condemnation Award Not Apportioned................................... 31
ARTICLE XII
PROTECTION OF LENDERS; SALES AND TRANSFERS ................................. 31
12.1 Assessment Lien Subordinated. .................................................................... 31
12.2 Amendments to Declaration. ........................................................................31
12.3 Default bv Owner: Mort~gee Right to Vote. .............................................. 31
12.4 Breach. .... .... ....... ............... ....... .......... ..... ......... .......... ........................ ........... 32
12.5 Notification as to Mortgagees. ...................................................................... 32
12.6 Exchange of Infonnation. ....... .................... .... ......... .............. ..... .................. 32
12.7 Sale or Transfer. ...... ........... .............................. ............................................. 32
ARTICLE XIII
CONDOMINIUM PLAN .............. ................................ ,.......................................... 33
13.1 Limited Reservation of Right to Vary Condominium Plan. .........................33
13.2 Special Power of Attorney. ...........................................................................33
ARTICLE XN
OBLIGATION OF OWNERS ..................................................................................34
14.1 Mechanic's Liens. ... .............................. ..,........... .......................................... 34
14.2 Personal Iniury or Property Damage Sustained Within a Unit. .................... 34
14.3 Association Not Res1J<}nsible for Loss. .........................................................34
14.4 Notice of Danger. ......... ............... ................... .............................................. 34
14.5 Notification of Sale or Lease of Condominium. ........................................... 34
ARTICLE XV
TAXES AND GOVERNMENTAL ASSESSMENTS .............................................35
15.1 Taxes Separately Assessed. .................................................. ........ ................ 35
15.2 Unallocated Taxes..... ....... ..... .... ............................ ...... ....... ........................... 35
ARTICLE XVI
TERM OF D ECLARA TION ........ ........... ......... .......... ......................................... ..... 35
ARTICLE XVII
AMENDMENTS................................................. ............... ..................... ................. 35
17.1 Amendment. ............. .... .......................... ..... ........ .............. ..... ....................... 35
17.2 Mortgagees.... ........................ ....... ................ ........................... ...................... 36
17.3 Amendment in Derogation of Obligation
to Maintain Common Area. ...........................................................37
17.4 Consent of Real Estate Commissioner.......................................................... 37
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ARTICLE XVIII
GENERAL PROVISIONS ................................... ................. ....... ............ .................. 37
18.1 Enfofcenlent. . ..... .................................................. ......................................... 37
18.2 Violations Constituting A Nuisance. ............................................................ 37
18.3 Cumulative ReInedies. .................................................. ..............................,. 37
18.4 No Waiver. ........................ .......... ..................... ................. ........................... 38
18.5 Severability. ...................... ........................................................... ................ 38
18.6 Construction. .......................... .......................... .......... ................................... 38
18.7 Singular Includes Plural. ........ ........................ ........ ..... .................................. 38
18.8 Conflict of Governine: Documents................ ...... .... ....... ............................... 38
SIGNATURE PAGE ............ .............. ...... ......... .............. ........................... ............... 38
vi
,--~-_._- -
DECLARATION OF
COVENANTS CONDITIONS & RESTRICTIONS
CAMINO MERCADO SENIOR CONDOMINIUM
OWNERS ASSOCIATION
This Declaration of Covenants, Conditions, and Restrictions is made this _ day
of , 2004, by Camino Mercado Partners, a California limited partnership
("Declarant") with reference to the following facts.
A. Declarant is the Owner of that certain real property ("Property"), APN Number
007-771-072, located at 579 Camino Mercado, City of Arroyo Grande, County of San
Luis Obispo, State of California, which is more particularly described as:
Parcel A
Parcel 1 of Parcel Map No. AG-87-35, in the City of
Arroyo Grande, County of San Luis Obispo, State of
California, according to Map recorded August 16, 1988 in
Book 43, Page 86 of Parcel Maps, in the office of the
County Recorder of said County.
Parcel B
A private drainage easement as granted and show across
Parcel 2 of Parcel Map AG-87-35, in the City of Arroyo
Grande, County of San Luis Obispo, State of California,
according to Map recorded August 16, 1988 in Book 43,
Page 86 of Parcel Maps, in the office of the County
Recorder of said County.
B. DECLARANT'S EXPRESS INTENT IS TO DEVELOP AND MAINTAIN THE
PROJECT AS A SENIOR CITIZEN, AGE 55 AND OVER, HOUSING
DEVELOPMENT IN COMPLIANCE WITH CALIFORNIA CIVIL CODE SECTION
51.3 AND ALL SUBSEQUENT AMENDMENTS THERETO. The Property shall
consist of condominium estates comprised of Living Units, as defined below, and
community facilities constructed to benefit those age 55 and over, including a senior
center and other features designed to meet the physical and social needs of seniors, all
constructed substantially in accordance with the Condominium Plan, Tract Map No. 04-
00 1, recorded on as instrument No. in the Official
Record in the Office of the County Recorder, San Luis Obispo, California
("Condominium Plan") said planned senior development to be known as Camino
Mercado Condominiums (the Property and improvements constructed thereon are
referred to herein the "Project").
C. By this Declaration, subject to certain protective covenants, conditions,
restrictions, reservations, grants of easements, rights-of way, liens and charges and
equitable servitudes, all as stated herein, Declarant intends to establish a plan for
1
individual ownership of real property estates owned or occupied, as hereinafter set forth,
by those persons age fifty-five (55) and over consisting of fee simple ownership of the
area or space contained within each Living Unit and the co-ownership by the individual
and separate Owners of such Units on a Lot as tenant in common of the Common Area
(defined below) on the Lot on which a Living Unit is located, and with respect to each
Unit, exclusive appurtenant easements for residential and other purposes in Common
Area sUlTounding each Living Unit, and to provide for a non-profit association to manage
and maintain the Project and the value, amenities, and senior housing qualifications
under both federal and state law through management and the use of assessments
collected from Members who shall be the respective Owners of the Condominiums in the
Project.
D. Declarant further intends to develop, sell and convey the residential
Condominiums, subject to all the protections and limitations stated herein, in furtherance
of a general plan for the subdivision, development, sale and use of the Property in
furtherance of a plan of Condominium ownership as described in ~ 1351(e) of the
California Civil Code and in a manner consistent with the provisions of the Davis-Stirling
Common Interest Subdivision Act (California Civil Code ~1350, et seq.).
The easements, covenants, restrictions and conditions set forth herein shall run
with the Property and shall be binding upon all parties having or acquiring any right, title
or interest in the Property or any portion thereof, and shall inure to the benefit of each
Owner thereof.
ARTICLE I
DEFINITIONS
1.1 "Architectural Review Committee" means and refers to a committee of not less
than three nor more than five Members, at least two of whom shall be Board members,
appointed by the Board of the Association with the duties, powers and purpose stated in
Article VIII hereof. If the Board does not appoint such a committee, the Board shall
serve as the committee.
1.2 "Articles" means the Articles of Incorporation of Camino Mercado Condominium
Owners Association, to be filed in the Office of the California Secretary of State, as such
Articles may be amended from time to time.
1.3 "Assessment" means and refers to and assessment, whether a Common
Assessment, Capital Assessment or Special Assessment, levied, charged or assessed
against an Owner and his or her Condominium in accordance with the provisions of this
Declaration, and which shall become a debt of such Owner and deemed to have been
"made" within the meaning of Section 1356 of the California Civil Code when such
Assessment is entered upon the assessment role of the Association and notice thereof has
been mailed to the Owner of the Condominium so assessed.
2
1.4 "Association" means and refers to Camino Mercado Senior Condominium
Owners Association, to be fonned as a California nonprofit corporation (fonned pursuant
to the Nonprofit Mutual Benefit Corporation Law of the State of California), its
successors and assigns, whether by way of merger, consolidation or otherwise. The
Association shall be an "Association" as defined in California Civil Code 9 1351(a).
1.5 "Association Rules" or "Rules and Regulations" means the rules, regulations and
policies adopted by the Board of Directors of the Association, as the same may be in
effect from time to time.
1.6 "Board of Directors" or "Board" means the Board of Directors of the
Association.
1.7 "Bylaws" means the Bylaws of the Association, as such Bylaws may be amended
from time to time.
1.8 "Capital Assessment" means and refers to an extraordinary Assessment duly
made and levied by the Association against an Owner and his or her Condominium in any
fiscal year, and applicable to that fiscal year only, for the purpose of defraying, in whole
or in part, (i) the cost of any new construction, or unanticipated repair or replacement, of
an improvement on the Common Area, including the necessary fixtures and personal
property related thereto, or (ii) extraordinary landscaping, painting or similar
maintenance on the Common Area to protect against or correct damage caused by mud
slides, earth movement, brush fires or other such natural or accidental occurrences or
events.
1.9 "CC&Rs" means these Covenants, Conditions and Restrictions as they may be
amended from time to time.
1.10 "Common Area" means and refers to all portions of the Property not located
within a Living Unit, as defined on the Condominium Plan.
1.11 "Common Assessment" means and refers to an Assessment duly made and levied
by the Association against all Owners and their Condominiums to pay for the expenses
related to the Common Area.
1.12 ''Condominium'' or "Unit" means and refers to a fee interest in a Living Unit
coupled with an undivided fractional interest as tenants-in-common in the Common Area,
the boundaries of which are as set forth in the Condominium Plan.
1.13 "Construction and Sales Period" means and refers to that period of time beginning
with the development by Declarant of the Property and continuing until the sale and
conveyance of all the Units developed by Declarant on the Property.
3
1.14 "Declarant" means Camino Mercado Partners Limited Partnership and its
successors and assigns, if such successors and assigns should acquire all or any portion of
the Property for the purposes of development or sale and are designated by Camino
Mercado Partners Limited Partnership as the Declarant for purposes hereof by a duly
record written instrument executed by Camino Mercado Partners.
1.15 "Declaration" means this instrument, as it may be amended from time to time.
1.16 "Exclusive Use Area" means and refers to those portions of the Common Area
designated as such on the Condominium Plan and shall consist of decks, balconies,
carports or reserved parking spaces, and storage areas.
1.17 "Governing Documents" means this Declaration, the Articles, Bylaws, Rules and
Regulations and Architectural Guidelines if any are adopted, and all other policies or
resolutions of the Board.
1.18 "Living Unit" means and refers to those portions of the Property shown and
described as such on the recorded Condominium Plan covering the Property; provided,
however, that the following are not part of the Living Unit: bearing walls, columns,
floors, roofs, foundations, central heating, central refrigeration and central air
conditioning equipment, reservoir tanks, pumps and other central services, pipes, ducts,
flues, chutes, conduits, wires and other utility installations, wherever located, except the
outlets thereof when located within the Living Unit.
1.19 "Manager" means and refers to any Person appointed or employed by the
Association to manage and operate the affairs of the Association and to carry out the
Association's responsibilities with respect to the Common Area (and other portions of the
Property as to which, pursuant to the provisions of this Declaration, the Association shall
have responsibilities.
1.20 "Member" mean and refers to an Owner who becomes a member of the
Association upon purchase of a Living Unit with its associated tenants-in-common
ownership of the Common Area as further defined in Article III, Section 3.2.
1.21 "Mortgage" means and refers to any security device encumbering all or any
portions of the Project or any Condominium located therein and as used herein the term
"Mortgage" shall include a deed of trust.
1.22 "Mortgagee" means and refers to the record owner of a beneficial interest under a
Mortgage, including the beneficiary under a deed of trust.
1.23 "Owner" means and refers to the record owner, whether one or more persons or
entities, of a Condominium, including contract sellers but excluding those having such
interest merely as security for the perfonnance of an obligation.
4
1.24 "Person" means and refers to a natural person, corporation, partnership,
association or finn and includes (except where the context otherwise requires) an Owner,
the Association, each member of the Board, each of its officers, and Manager and any
member of his or her staff, and any Mortgagee.
1.25 "Property" means and refers to that certain real property located in the County of
San Luis Obispo, California, legally described above.
1.26 "Qualified Owner" or "Occupant" means a person who is age 55 or older, a
permitted health care provider, or a "qualified permanent resident." A "qualified
permanent resident" is someone who is 45 or older or a spouse or a cohabitant of a senior,
or someone providing primary physical or economic support to the senior, and who has
an ownership interest or expectation of ownership interest in the Living Unit. For the
purposes of qualified occupant, children can visit for periods of up to 60 days, but may
not reside in a Living Unit, unless they are "qualified pennanent residents."
1.27 "Senior Center" means and refers to the meeting and activity center designed for
use of Qualified Owners or Occupants designated as Lot 61 on the existing
Condominium Plan.
1.28 "Special Assessment" means and refers to an Assessment against a particular
Owner and his or her Condominium duly made and levied by the Association as provided
in Article V, Section 5.4, hereof.
ARTICLE II
PROPERTY RIGHTS
2.1 Property Subiect to Declaration. All of the Property, any facilities and
improvements located within such Property and any occupancy thereof shall be subject to
this Declaration.
2.2 Elements of Condominiwn. Ownership of each Condominiwn within the
Property shall include a Living Unit; an undivided interest in the Common Area, as
specified in the deed to each Owner; Exclusive Use Common Areas as designated in the
Condominiwn Plan, including the right to use one reserved carport; a membership in the
Association; and any exclusive or nonexclusive easement or easements appurtenant to
such Condominiwn over the Common Area as described in the Governing Documents,
the Condominiwn Plan and the deed to a Living Unit.
2.3 No Separate Conveyance. No Owner may sell, assign, lease or convey his or her
(i) interest in the Common Area separate and apart nom a Living Unit; (ii) the interest in
any Exclusive Use Area separate and apart nom an interest in the Common Area and the
Living Unit; or (Hi) the Living Unit separate and apart nom Exclusive Use Areas.
5
---,
2.4 Nonexclusive Easements. Each Member shall have a nonexclusive easement for
use and enjoyment of the Common Area and for ingress, egress, and support over and
through the Common Area. These easements shall be appurtenant to, and shall pass with
the title to, each Unit and shall be subordinate to the exclusive easements granted
elsewhere in this Declaration, as well as the following:
2.4.1 The right of the Association to charge reasonable rental fees for the use of
the facilities in the Senior Center;
2.4.2 The right of the Association to adopt Rules and Regulations regulating
time and manner of use of the Common Area and the Senior Center;
2.4.3 The right of the Association to grant licenses or easements to Owners
over nominal portions of the Common Area having a value of less than 5% of the
Association's annual budgeted expenses for purposes not inconsistent with this
Declaration, provided such use does not unreasonably interfere with other Owner's use
and enjoyment of the Common Area;
2.4.4 The right of the Association to dedicate or transfer all or any part of the
Common Area, the Senior Center to any public agency, authority or utility for such
purposes and subject to such conditions as may be agreed to by the Association, upon
approval of at least sixty-seven percent (67%) of the Members, and provided appropriate
senior service facilities are maintained for the benefit of the Property.
2.5 Partition Prohibited. The Common Areas shall remain undivided as set forth
above. Except as provided by California Civil Code ~1359 or authorized under this
Declaration, no Owner shall bring any action for partition of the Common Areas, it being
agreed that this restriction is necessary in order to preserve the rights of the Owners with
respect to the operation and management of the Project. Judicial partition by sale of a
single Condominium owned by two (2) or more persons and division of the sale proceeds
is not prohibited hereby, but partition of title to a single Condominium is prohibited.
2.6 Encroachment Easements. Each Owner is hereby declared to have an easement
over all adjoining Property and the Common Area for the purpose of accommodating any
encroachment due to engineering errors, errors in original construction, reconstruction,
repair, settlement or shifting of the building, or any other similar cause. There shall be
easements for the maintenance of said encroachments as long as they shall exist, and the
rights and obligations of Owners shall not be altered in any way by said encroachments,
settlement or shifting; provided, however, that in no event shall an easement for
encroachment be created in favor of an Owner or Owners if said encroachment occurred
due to the willful misconduct of said Owner or Owners.
2.7 Delegation of Use. Except as limited by Rilles and Regulations adopted by the
Association and California law regarding use of age fifty-five (55) and older housing, any
Owner may delegate his or her rights of use and enjoyment of the Property, including the
Senior Center, to the members of his or her family, his or her guests and tenants, and to
6
such other persons as may be permitted by the Bylaws and the Association Rules.
However, if an Owner has sold his or her Unit to a contract purchaser or has leased or
rented it to a Qualified Occupant (tenants), the Owner, members of the Owner's family,
and guests shall not be entitled to use and enjoy any of such rights while the Owner's Unit
is occupied by the contract purchaser or tenant. Instead, the contract purchaser, or tenant,
while occupying such Unit, shall be entitled to use and enjoy such rights, including the
facilities, and can delegate the rights of use and enjoyment in the same manner. Any
delegated rights of use and enjoyment are subject to suspension to the same extent as are
the rights of Owners. No such delegation shall relieve an Owner from liability to the
Association or to other Owners for payment of Assessments or performance of the
covenants, conditions and restrictions contained in this Declaration.
2.8 Lease Must Require Confonnance to Governing Documents. Any lease, rental
agreement or contract of sale entered into between an Owner and a tenant or contract
purchaser of a Unit shall require compliance by the tenant or contract purchaser with all
of the covenants, conditions and restrictions contained in this Declaration, including,
without exception, the age limitations set forth herein, which provisions shall be for the
express benefit of the Association and each Owner. The Association and each Owner
shall have a right of action directly against any tenant or contract purchaser of an Owner,
as well as against the Owner, for nonperformance of any of the provisions of this
Declaration to the same extent that such right of action exists against such Owner. Any
lease shall specify that failure to abide by such provisions shall be a default under the
agreement. Any lease executed by an owner shall be deemed to include a provision that
the tenant recognizes the Association as the landlord for the purposes of filing an
unlawful detainer action as a method of enforcing the restrictions contained in this
Declaration. The Association shall have standing to initiate legal action, including an
eviction lawsuit under Code of Civil Procedure ~1159, et seq., to evict tenants or lessees
that the Association deems not to be a Qualified Owners or Occupants or to be
chronically in violation of the Governing Documents. Before declaring a tenant or lessee
to be a chronic violator of the Governing Documents, the Association shall conduct a
hearing using the same procedure required before taking disciplinary action against an
Owner. If the Association detennines that the tenant or lessee is a chronic violator of the
Governing Documents after notice and an opportunity to be heard, the Association may,
in its discretion, file an unlawful eviction in the appropriate court. The Association is
empowered to bring an unlawful detainer action on the Owner's behalf, naming the
Owner as plaintiff in the action.
2.9 Minimum Lease Tenn. No Property shall be leased or rented for less than a
thirty (30) day period.
2.10 Declarant's Construction and Sales Rights. Notwithstanding any other provision
of this Declaration, during the Construction and Sales Period, Declarant shall have the
right to use and access, including all easement rights associated therewith, the Common
Area as necessary to complete construction of the Project according to the Condominium
Plan, regardless of whether Delcarant is Owner of any Lot in the Project. Additionally,
during such period, Declarant shall be entitled to use the Common Area for reasonable
7
marketing and sales activities related to the sale and promotion of Units and Project until
the last Living Unit owned by it is sold.
ARTICLE III
ASSOCIATION
3.1 Existence. Declarant shall cause to be formed the Association which, acting alone
or through its Board, officers, Manager, or any duly authorized agent or representative,
shall constitute the "management body" within the meaning of Section 1355 of the
California Civil Code.
3.2 Membership. Each Qualified Purchaser (including Declarant as to any unsold or
retained Condominium) shall automatically, upon becoming an Owner of a
Condominium, become a Member of the Association and shall remain a Member thereof
until he or she ceases to be an Owner. Membership shall not include persons or entities
that hold such an interest in a Condominium merely as security for the performance of an
obligation.
3.3 Membership is Appurtenant to Unit. The membership of each Owner in the
Association is for the benefit of, and appurtenant to, the Condominium to which it relates,
and consequently, membership may not be separated from the ownership of such
Condominium.
3.4 Transfer. An Owner shall not transfer, pledge or alienate in any way his or her
membership in the Association, except upon the sale of the Condominium to which it is
appurtenant and then only to a Person whose use or ownership is consistent with the age
restrictions specified herein. Any attempt to make a prohibited transfer is void and will
not be reflected upon the books and records of the Association. In the event an Owner
should fail or refuse to transfer the membership registered in his or her name to the
purchaser of the Condominium to which it is appurtenant, the Association shall have the
right to record the transfer upon the books of the Association and shall issue a new
certificate to the Qualified Purchaser and thereupon the old certificate outstanding in the
name of the sener shall be null and void as though the same had been surrendered.
3.5 Voting. The Association shall have two classes of voting membership: Class A
and Class B. Class A Members shall be all Members with the exception of Declarant,
and shall be entitled to one (1) vote for each membership interest. When more than one
Person holds the requisite interest in a Condominium for membership, all such Persons
together shall possess one (1) membership interest, are considered one (1) Member, and
shall be entitled to cast one (1) vote as they among themselves shall determine. Declarant
shall be the only Class B Member and shall be entitled to three (3) votes for each
Condominium owned in the Project, provided, however, that upon the happening of the
first of either of the following, the Class B Member shall thereafter only be entitled to
one (1) vote for each Condominium owned: (1) When the total votes outstanding in Class
A Members who own Condominiums in the Project equal the total votes outstanding in
the Class B Member by virtue of its ownership of Condominiums in the Project, or (2) on
8
a date three (3) years trom the date of the issuance of the last final subdivision public
report to be issued by the California Commissioner of Real Estate with respect to the
Property.
3.6 Joint Owner Dispute. The vote for each Condominium may be cast only as a unit
and tractional votes shall not be allowed. In the event that more than one Person owns a
Condominium and they are unable to agree among themselves as to how their vote shall
be cast, they shall lose their right to vote on the matter in question. If any Owner casts a
vote representing a certain Condominium, it will thereafter be conclusively presumed for
all purposes that he or she was acting with the authority and consent of all other Owners
of the same Condominium. In the event more than one vote is cast for a particular
Condominium, none of said votes shall be counted and all of said votes shall be deemed
void.
3.7 Initial Board of Directors. The initial Board of Directors shall be those Persons
designated and appointed upon fonnation of the Association.
3.8 Election of Board of Directors. At the time of the first annual meeting of the
Association and at each annual meeting thereafter, the Members thereof (including
Declarant with respect to any unsold or retained Condominium) shall elect, in accordance
with the Bylaws, a Board of Directors replacing the initial Board of Directors. In any
such election, those persons, duly nominated and qualified to serve, receiving the greatest
number of votes shall be elected. However, notwithstanding the above, in any election of
the Board of Directors, in which both Class A Members and the Class B Member vote, if
the person receiving the greatest number of votes from Class A Members does not
receive sufficient votes to be elected to the Board of Directors after taking into account
the votes of the Class B Member, he or she shall nevertheless be deemed elected in place
of the Person receiving the highest total vote necessary to ensure that at all times from
and after the first annual meeting of the Association, the Class A Members shall be
entitled to have at least one representative on the Board of Directors.
3.9 Meetin~s.
3.9.1 Place of Meetings. Meetings of the Association shall be held at a suitable
location on the Project, or such other suitable place convenient to the Members as may be
designated by the Board; provided, however, that all meetings shall be held within the
Project in a location providing handicapped access and disability accommodation.
3.9.2 Time of Meetings. The first annual meeting of the Association shall be
held within six (6) months following the close ofthe first escrow to close for the sale of a
Condominium on the Property. Thereafter, the Association shall hold annual and special
meetings at such times as shall be designated by the Bylaws, and shall conduct at such
meetings such business as shall be provided for in the Bylaws.
9
3.9.3 Notice of Meetings. Declarant shal1 call the first annual meeting and give
notice thereof in the manner set forth in the Bylaws. Thereafter annual and special
meetings of the Association shall be called, noticed and held as provided in the Bylaws.
ARTICLE IV
MANAGEMENT, DUTIES AND
POWERS OF ASSOCIATION
4.1 Management of the Proiect. The management and control of the Project shall be
the responsibility of the Association, acting alone or through its Board, its officers,
Manager, or other duly authorized representatives or agents, in accordance with the
provisions of the Governing Documents and amendments, changes and modifications
thereto as may come into effect from time to time. Such management and control shall be
transferred from Declarant to the Association with respect to the Project upon
commencement of the first common assessment for the Owners of Units.
4.2 Powers and Duties Generally. In addition to the powers of Assessment, collection
and enforcement set forth in Article V, the Association may exercise any and all rights
and powers hereinafter enumerated together with any and all rights and powers which are
necessary or proper to maintain and keep the Project qualified as a senior housing
community and in first-class condition and in a good state of repair, to enforce any of the
provisions of this Declaration, the Bylaws or the Rules and Regulations duly adopted by
the Board, and to carry out and perform its powers and responsibilities.
4.3 Powers and Duties. The Association shall provide, perform, cause to be
performed, maintain, acquire, contract and/or pay for out of assessments for the Common
Area al1 or any of the fol1owing:
4.3.1 Utilities. Water, sewer, electrical, gas, and other necessary utility services
for those portions of the Common Area maintained by the Association
4.3.2 Insurance. Such policies of causality, liability and other insurance
covering such Persons, property and risks as are more particularly set forth in Article IX
hereof.
4.3.3 Management Services. The services of a part-time or full-time Manager,
together with the services of such other persons as the Board shall from time to time
determine to be necessary or proper to the daily management, operation and maintenance
of the Project; provided that no contract for such services shall be made and entered into
which binds the Association for a period in excess of one (1) year, except with the
Approval by vote of a majority of the Members (not including Declarant) eligible to vote.
4.3.4 Materials. All supplies and materials necessary or proper to the daily
management, operation, and maintenance of the Project; provided, however, that no
contract for such supplies and materials shall be made and entered into which binds the
10
association for a period in excess of one (1) year, except with the Approval by vote of the
majority of the Members (not including Declarant) eligible to vote.
4.3.5 Management Space. All costs associated with the operation of those
portions of the Common Area used by the Manager and other persons as are employed by
the Association to provide for the daily operation and maintenance ofthe Project.
4.3.6 R~airs: Maintenance: Reconstruction. Arrangements for cleaning,
painting, maintenance, repairs, reconstruction and replacement of and to all or any
portion of the Project or the personal property which is required to be cleaned, painted,
maintained, repaired, reconstructed or r~laced by the Association.
4.3.7 Gardeninsz and Landscaping. The services of a gardener to maintain,
renew and replace all or any portion ofIandscaped areas, together with all tools, supplies,
plants and equipment reasonably necessary for such purpose.
4.3.8 Trash: Rubbish Collection. The services of a trash, rubbish and garbage
collection company or agency, whether public or private, for the purpose of promptly,
regularly and efficiently collecting from designated areas within the Project and
removing from the Project all trash, rubbish, garbage, and refuse.
4.3.9 Miscellaneous Services. Such other services for the use, enjoyment and
protection of the Project and the residents thereof as the Association may determine from
time to time are responsible, proper or desirable.
4.3.10 Senior Housing Consulting Services. Consulting services and fees for the
Association, its Board, officer and agents to ensure the Project meets the physical and
social needs of its Owners, to engage in age verification services of Owners and
occupants, and otherwise ensure the Association complies with rules issued by the
D~artment of Housing and Urban Development regarding verification of age
qualification of Owners and occupants through reliable surveys and affidavits.
4.3 .11 Le1.!al and Accountin~. Legal and accounting services and fees for the
Association, its Board, officers and agents, provided that said services and fees are
inCUITed solely in connection with (i) the management, operation and maintenance of the
Project, (ii) the perfonnance or enforcement (including the collection or Assessments) of
the provisions of this Declaration, the Articles, or the Bylaws, (iii) a protest or litigation
to contest local real estate taxes levied against a majority of the Condominiums, or (iv)
litigation arising out of the condemnation of aU or any portion of the Common Area.
4.3.12 Fidelity Bonds. Such fidelity bond or bonds naming the Board or the
Association, its officers, Members, the Manager, agents and/or such other person or
Persons as may be designated by the Association as principals with the Association (as
trustee) as the obligee.
11
4.4 Additional Authority. The Association, acting though its Board, officers or other
duly authorized representatives, or agents, shall have authority to:
4.4.1 Establish and publish unifonn Rules and Regulations as may be deemed
by them to be reasonable in connection with the use, occupancy and maintenance of the
Project and to alter, amend or modify such rules and regulations from time to time. A
copy of such Rules and Regulations shall be distributed to each Owner; and posted in a
conspicuous place near the Senior Center in sufficient fonn to enable those of limited
sight to access them. Such Rules and Regulations, and any amendment or revision
thereof, shall be binding upon each Owner, and the family members, tenants, social
guests, employees, servants, agents and invitees of an Owner, forty-eight (48) hours
following such posting and distribution.
4.5 Delegation of Powers to Manager. The Association of the Board may delegate
any of its duties, powers, of functions to any qualified Person employed as a part-time or
full-time Manager of the Project. The Manager may further be authorized to file any
notice and take any legal action on behalf of the Owners which filings or the taking of
such action is within the authority of the Association or the Board. Neither the
Association, nor the members of its Board, nor its officers shall be liable for any
omission or improper exercise by the Manager or his or her staff of any such duty, power,
or function so delegated.
4.6 Right of Entry. The Manager or anyone or more qualified Persons designated by
the Association or the Manager shall have the right and authority to enter upon and
within any Unit, in the presence of the Owner thereof where reasonably possible, for the
purpose of making emergency repairs therein; performing necessary maintenance or
repairs to portions of the Common Area; abating any nuisance, or any dangerous,
unauthorized, prohibited or unlawful activity being conducted or maintained in such Unit;
protecting the property rights and welfare of the other Owners; or for any other purpose
reasonably related to the perfonnance by the Association or the Manager of their
responsibilities under the tenns of this Declaration as the same may from time to time be
amended or modified by the Association. Such right of entry shall be exercised in such a
manner as to avoid any unreasonable or unnecessary interference with the possession, use
and/or enjoyment of the Owner or occupant of such Unit and shall be preceded by
reasonable notice to the Owner or occupant thereof wherever the circumstances pennit.
Any damages to a Unit or to the furniture, furnishings decorations or improvements
contained therein resulting from the exercise of such right of entry shall be repaired.
4.7 Annual Audit. The Board or the officers of the Association or an independent
certified public accountant appointed by the Board shall regularly prepare the
Association's accounts, and prepare and certify balance sheets and operating (income)
statements to be distributed to the Members as follows: (a) Within sixty (60) days of the
last day of the month closest in time to six (6) months from the date of the close of
escrow for the first sale of a Unit on the Property; the Board shall prepare and distribute,
or cause to be prepared and distributed, a balance sheet as of said date and an operating
statement which shall include a schedule of Assessments received or receivable itemized
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by Unit number, Lot and the name of the Person or entity assessed; (b) Within sixty (60)
days of the last day of the Association's fiscal year, the Board shall prepare and
distribute, or cause to be prepared and distributed, a balance sheet as of said date and an
operating statement for said fiscal year.
4.8 Financial Records and Accounts: Inspection. The Secretary and Treasurer, and/or
such other officers of the Association as may from time to time be designated by the
Board, shall keep or cause to be kept detailed records of the actions of the Board, the
officers of the Association, and its agents, minutes of the meetings of the Board, officers
and Owners and financial records and books of account of the Association, including a
chronological listing of all receipts and expenditures of common funds, as well as a
separate schedule of Assessments received or receivable for each Common Assessment,
Capital Assessment and Special Assessment levied or charged against each
Condominium or the Owner thereof, the dates when so assessed and when the same is
due. the amounts paid thereon and the balance, if any, of any Assessment remaining
unpaid. Said books and records may be inspected or audited by Owner or his or her duly
authorized representatives at the Owner's sole expense at all reasonable times.
4.9 Suspension of Right. The Board of Directors of the Association shall have the
right to suspend the voting rights and rights to use the Senior Center by any Member and
his or her family, tenants, social guests or invitees, for any period during which an
Assessment against his or her Condominium is delinquent, and for a period not to exceed
thirty (30) days for each single infraction of the Rules and Regulations of the Association
committed by such Member or the Member's family, tenants. social guests or invitees,
provided that any suspension of such voting rights or right to use said Senior Center,
except for failure to pay Assessments, shall be made by the Board only after a hearing
had after at least three (3) days' written notice thereof to such Member at which the
Member shall be given the opportunity to appear and the Member shall be accorded the
right to appeal within fifteen (15) days the Board's decision (if adverse to such Member)
to the entire membership of the Association at a special meeting duly noticed and held. A
majority of the Members present at such meeting shall have the power to detennine
whether such Member has violated the Rules and Regulations and whether the Board's
decision to suspend voting and/or use rights shall become effective, subject to such
modification as the Members may, in their discretion, impose, but in no event shall any
suspension of voting and/or use rights for any infraction of the Rules and Regulations be
for a period in excess of thirty (30) days. In addition, in no event shall any suspension of
voting and/or use rights relieve any Member of the duty to pay Assessments such
Member may be obliged to pay as an Owner.
4.10 Enforcement of Bonded Obligations. The Board shall have the right to enforce the
obligation of the Declarant under any bond or other arrangement naming the Association
as obligee, which may be procured to secure the perfonnance of the commitment of the
Declarant to complete any and all improvements to the Common Area including the
Senior Center (the "Completion Bond"). In the event (i) a Notice of Completion has not
been filed within sixty (60) days after the completion date specified in construction
statement appended to a Completion Bond with respect to any improvement covered
13
thereby or (ii) a Notice of Completion has not been filed within thirty (30) days after the
expiration of any extension period the Board may be have granted in writing for the
completion by Declarant of any improvement covered by a Completion Bond, then the
Board shall within ten (10) days thereafter at a special meeting duly noticed and held vote
on the question of whether to initiate action to enforce the obligations of Declarant under
the Completion Bond with respect to any improvement for which a Notice of Completion
has not been filed as provided above. Notwithstanding the above, the Members of the
Association shall have the right to appeal the Board's decision, or to consider and vote on
the question of enforcing the obligations under a Completion Bond in the event of the
Board's failure to do so, at a special meeting of the Members of the Association duly
called and held not less than fifteen (15) nor more than thirty (30) days after receipt by
the Board of the written request for such a special meeting signed by Members
representing at least ten percent (10%) of the total voting power of the Association. The
vote of a majority of the Class A Members of the Association to take action to enforce
the obligations under a Completion Bond shall be deemed to be the decision of the
Association, and the Board shall thereafter initiate and pursue the appropriate action in
the name of the Association.
4.11 Limitation on Liability of Officers and Directors. No director, officer, committee
member, employee, or other agent of the Association, shall be liable to any Owner or any
other party, including the Association, for any damage, loss, or prejudice suffered or
claimed on account of any act, omission, error, or negligence of any such person if such
person has acted in good faith and in a manner such person reasonably believed to be in
the best interests of the Association, pursuant to California Corporations Code ~ 7231 and
California Civil Code ~ 1365.7.
4.12 Indemnification. The Association shall and does hereby indemnify the Board
(and each member thereot), the officers of the Association (and each of them), the
Manger and each member of his or her staff, and each of the agents or employees of the
Association or the Board, against all expenses and liabilities, including attorneys' fees,
reasonably incurred by such Person or Persons in connection with any proceeding to
which he or she may be a party, by reason of his or her being or having been a director,
officer, Manager, or a member of his or her staff, or agent or employee of the
Association, except in such cases where he is guilty of fraud, gross negligence, or bad
faith in the performance of his or her duties. The indemnification authorized by this
Section shall include payment of (i) reasonable attorneys' fees or other expenses incurred
in settling any claim or threatened action or incurred in any finally adjudicated legal
proceeding; and (ii) expenses incurred in the removal of any liens affecting any property
of the indemnitee. Indemnification shall be made from assets of the Association, and no
Owner shall be personally liable to any indemnitee. This Section shall inure to the benefit
of Declarant, the Association, the members of the Board, the employees and agents of
Declarant and the Association, and their respective heirs, executors, administrators,
successors and assigns.
4.13 Personal Property of Association. The Association may acquire and hold tangible
and intangible personal property and may dispose of the same by sale or otherwise.
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4.14 Non-Profit Character and Senior Housing Qualification. Notwithstanding
anything contained in this Declaration to the contrary, the Association, its Board, officers,
or agents may not do, conduct or engage in any activity, or cause the same to be done,
which may jeopardize the non-profit character of the Association or jeopardize its
qualification as senior housing.
4.15 Association as Attorney-in-Fact for Owners. The Association is hereby
irrevocably appointed attorney-in-fact for the Owners of each and every Condominium to
manage, control and deal with the interest of such Owners in the Common Area so as to
pennit the Association to fulfill all of its duties and obligations hereunder and to exercise
all of its rights hereunder, to deal with and handle insurance and insurance proceeds and
condemnation awards as hereinafter provided. The acceptance by any Person or entity of
any interest in any Condominium shall constitute an appointment to the Association as an
attorney-in-fact as provided herein.
4.16 Verification of Oualified Owners and Occupants. The Association shall, or shall
contract with a Person to, perform verification procedures to ensure that the Project
complies with state and federal law regarding maintenance of senior housing facilities.
Such verification shall include, without limitation, verification of occupancy and age of
Owners and occupants through reliable surveys and affidavits. The Association shall
develop a procedure through its Rules and Regulations for regularly determining the ages
of residents and ensuring that at least on occupant is a least age fifty (55) years or older.
Verification procedures shall be done each time a Unit is transferred, leased or sold and
ages of owners occupants shall be re-verified at least every two years.
4.17 Maintenance of Senior Facilities. The Association shall ensure through Rules and
Regulations, the management and the Assessment process that the Project shall comply
with all law requiring that the Project be designed to meet the physical and social needs
of the Owners by providing Common Area improvements and maintenance of same such
as:
4.17.1 Entryways, walkways, and hallways in the Common Area, and doorways
and paths of access to and within the Living Units, shall be as wide as required by current
laws applicable to new multifamily housing construction providing access to Persons
using a standard-width wheelchair.
4.17.2 Walkways and hallways in the Common Area shall be equipped with
standard height railings or grab bars to assist Persons who have difficulty with walking.
4.17.3 Walkways and hallways in the Common Area shall have lighting
conditions, which are of sufficient brightness to assist Persons who have difficulty seeing.
4.17.4 Access to all the Common Area and Living Units shall be provided
without mandatory use of stairs, such as by elevator or sloped walking ramps.
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4.17.5 Rules and Regulations regarding the Senior Center shall be adopted to
encourage social contact among the Members.
4.18 ADA Compliance. In all regards, the Project shall comply with all other
applicable requirements for access and design imposed by law, including, but not limited
to, the Fair Housing Act (42 V.S.C. Sec. 3601 et seq.), the Americans with Disabilities
Act (42 U.S.C. Sec. 12101 et seq.), and the regulations promulgated at Title 24 of the
California Code of Regulations which relate to access for persons with disabilities or
handicaps.
ARTICLE V
ASSESSMENTS
5.1 Creation of the Lien and Personal Obli2ation of Assessments. Each Owner of any
Condominium by acceptance of a deed therefor, whether it shall be so expressed in such
deed, is deemed to covenant and agree to pay to the Association: (I) Common
Assessments or charges, (2) Capital Assessments for purposes pennitted herein, and (3)
Special Assessments, to be established and collected as provided herein and pursuant to
California law. Common, Capital and Special Assessments charged for damage to the
Common Area, together with late charges, interest, costs and attorneys' fees, shall be a
charge on the Condominium and shall be a continuing lien upon same, which shall
become effective upon recordation of a lien or notice of delinquent assessment. Each
such Assessment together with late charges, interest, costs, and reasonable attorneys' fees,
shall also be the personal obligation of the Person who was the Owner of such Unit at the
time when the Assessment was levied. No Member may exempt himselfftom liability for
Assessments by waiver of the use or enjoyment of any of the Common Area or Senior
Center or by the abandonment of the Living Unit.
5.2 Purpose of Assessments. The Assessments levied by the Association shall be
used to promote the economic interest, recreation, health, safety, and welfare of all the
Qualified Owners and Occupants in the entire Project and for the improvement and
maintenance of the Common Area and those other portions of the Property for which the
Association is responsible and for the common good of the Project.
5.3 Common Assessments. The Board of Directors shall detennine and fix the
amount of Common Assessments against each Unit in accordance with the procedures
described below.
5.3.1 Preparation of Annual Budg;et. Not less than forty-five (45) nor more
than sixty (60) days prior to the beginning of the Association's fiscal year, the Board
shall estimate the total amount required to fund the Association's anticipated common
expenses for the next succeeding fiscal year (including additions to any reserve fund
established to defray the costs of future repairs, replacement or additions to the common
facilities) by preparing and distributing to all Association Members a budget. If the Board
16
fails to distribute the budget for any fiscal year within the time period provided for in this
Section or as provided by law, the Board shall not be permitted to increase regular
assessments for that fiscal year unless the Board first obtains the approval of Owners,
constituting a quorum, casting a majority of the votes at a meeting or election of the
Association.
5.3.2 Limits for Increases of Common and Capital Assessments. The Board of
Directors of the Association may not impose a Common Assessment that is more than
twenty percent (20%) greater than the Common Assessment for the Association's prior
fiscal year or impose Capital Assessments which in aggregate exceed five percent (5%)
of the budgeted gross expenses of the Association for that fiscal year without the
approval of Owners casting a majority of the votes at a meeting or election of the
Association at which a quorum is present. This Section does not limit Assessment
increases necessary for emergency situations. For purposes of this Section, an emergency
situation is anyone of the following:
5.3.2.1 An extraordinary expense required by an order of a court.
5.3.2.2 An extraordinary expense necessary to repair or maintain the
Common Area for which the Association is responsible where a threat to personal safety
is discovered.
5.3.2.3 An extraordinary expense necessary to repair or maintain the
Common Area that could not have been reasonably foreseen by the Board in preparing
and distributing the current year's operating budget.
5.3.3 Required Notice of Assessment Increases. Whenever there is an increase
in Common or Capital Assessments of the Association, all Members shall be notified by
first-class mail, not less than thirty (30) nor more than sixty (60) days prior to the
increased Assessment becoming due.
5.4 Capital Assessments for Cat>ital Improvements or Extraordinary Expenses. The
Board may levy, in any Assessment year, a Capital Assessment applicable to that year
only, for the purpose of defraying in whole or in part the cost of any construction,
reconstruction, repair or replacement of a capital improvement upon the Common Area,
including fixtures and personal property related thereto, or for extraordinary expenses
incurred by the Association, provided that in the event Capital Assessments exceed in the
aggregate five percent (5%) of the budgeted gross expenses of the Association for that
fiscal year, the vote or written consent of a majority of those voting of the Association
where a quorum is represented shall be required.
5.5 Reserve Contributions and Accounts, As part of the Common Assessments for
maintenance authorized above, the Board shall annually fix the amount to be contributed
pro-rata by each Member to reserve funds for the purpose of defraying, in whole or in
part, the cost or estimated cost of any reconstruction, repair or replacement of
improvements, including fixtures and personal property related thereto. Such
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determination shall be made after consideration of the need for additional funds and of
the Association's capital position. The Board shall maintain a separate account for those
funds. The Board shall fix the method of payment of such Assessments and shall be
empowered to permit either lump sum or monthly payments. Separate records shall be
maintained for all funds deposited to the said account, which shall be designated as a
reserve account.
5.6 Division of Assessments. Common and Capital Assessments shall be charged to
and divided among the Members equally.
5.7 Effect of Nonpayment of Assessments. Assessments are delinquent fifteen (15)
days after they become due. A late charge not exceeding ten percent (10%) of the
delinquent Assessment or ten dollars ($10), whichever is greater shall be imposed upon
any delinquent payment. Interest on delinquent Assessments and late charges shall be
imposed at an annual percentage rate of twelve percent (12%) interest commencing thirty
(30) days after the Assessments become due. Late charges and interest on past due
amounts may be modified by the Board in accordance with any changes permitted by
state law. The Association shall also be entitled to charge attorneys' fees and costs in the
collection of delinquent assessments, as provided by law.
5.8 Transfer of Unit bv Sale or Foreclosure. Sale or transfer of any Unit shall not
affect the Assessment lien. However, the sale of any Unit pursuant to Mortgage
foreclosure of a first Mortgage shall extinguish the lien of such Assessments as to
payments which became due prior to such sale or transfer (except for Assessment liens
recorded prior to the Mortgage). No sale or transfer shall relieve such Unit from liability
for any Assessments thereafter becoming due or from the lien thereof.
5.9 Remedies. If any Common or Capital Assessment is delinquent, before recording
a lien, the Association shall send a Owner a notice in writing by certified mail of the fee
and penalty procedures of the Association for collection of Assessments, provide an
itemized statement of the charged owed, including principal, late charges and the method
of calculation, any attorneys' fees and collection practices used by the Association,
pursuant to Civil Code ~1367.I(a). If an Owner fails to pay the amounts set forth in the
pre-lien letter within thirty (30) days of the date of the letter, the Association or its agent
may record a lien for the amount of any delinquent Assessments, late charges, interest
and/or cost of collection, including attorneys' fees, against the Condominium of the
delinquent Owner, which shall be subordinate to the lien of any first Mortgage or first
deed of trust upon any Condominium. The Owner shall be charged for fees and costs of
preparing and recording the lien. The lien shall be recorded in accordance with the
requirements of Civil Code ~1367. Any officer of the Association or any agent
designated by the Association shall sign the lien. A copy of the lien shall be mailed to all
record Owners no later than ten (10) calendar days after recordation.
5.9.1 Payment Under Protest. If an Owner, within thirty (30) days from the date
of recordation of the lien, pays to the Association, under protest, all amounts required by
Civil Code Section 1366.3 (the amount of assessments, late charges, interest, all fees and
18
costs to date of preparing and filing the lien, including attorneys' fees, not to exceed the
statutory allowance), the Owner may request resolution of the assessment dispute by
Alternative Dispute Resolution as outlined in Civil Code Section 1354, by civil action, or
by other procedures available through the Association.
5.9.2 Enforcement. An Assessment lien may be enforced in any manner
pennitted by law, including sale by the court, sale by the trustee designated in the notice
of delinquent Assessment, or sale by a trustee substituted pursuant to California Civil
Code ~2934(a). Any sale shall be conducted in accordance with the provisions of ~~
2924, 2924(b), 2924(c), 2924(t), 2924(g) and 2924(h) of the California Civil Code, or
any successor statutes thereto, applicable to the exercise of powers of sale in mortgages
and deeds of trust, or in any other manner pennitted by law. Nothing herein shall
preclude the Association from bringing an action directly against an Owner for breach of
the personal obligation to pay Assessments. The Association, acting on behalf of the
Owners, shall have the power to bid for the Condominium at foreclosure sale, and to
acquire and hold, lease, Mortgage, and convey the same.
5.9.3 Collection of Assessments from Tenants or Lessees. In the event an
Owner becomes delinquent in the payment of any assessment as described in this Article,
the Association may adopt reasonable rules and procedures to collect the Assessment
directly from any tenant or lessee that pays rent to the Owner. Upon notification to the
lessee by the Association of the default, the lessee shall pay the monthly Assessments
directly to the Association. Any Assessments paid by lessee to the Association shall be an
offset against any rental obligations lessee owes to lessor under the lease. Also upon
notification to the lessee by the Association of the default, the Assessment shall become a
personal obligation of the lessee and may be collected by the same methods that may be
utilized to collect delinquent assessments from an Owner.
5.10 S~cial Assessments. In addition to the Capital Assessments levied against all
Owners in accordance with Section 5.4 above, the Board may impose Special
Assessments against an Owner in any of the circumstances described below, provided
that no Special Assessments may be imposed against an Owner until the Owner has been
afforded notice and the opportunity for a hearing, and, if appropriate, has been given a
reasonable opportunity to comply voluntarily with the Association's Governing
Documents. Subject to the foregoing, the acts and circumstances giving rise to liability
for Special Assessments include the following:
5.10.1 Damage to Common Area or Common Facilities. In the event that any
damage to, or destruction of, any portion of the Common Area or the improvements
located thereon, including any portion of the Unit which the Association is obligated to
repair and maintain is caused by the willful misconduct or negligent act or omission of
any Owner, any member of his or her family, or any of his or her tenants, guests,
servants, employees, licensees or invitees, the Board shall cause the same to be repaired
or replaced, and all costs and expenses incurred in connection therewith (to the extent not
compensated by insurance proceeds) shall be assessed and charged solely to and against
19
such Owner as a Special Assessment. Such may be collected through lien and foreclosure
pursuant to Civil Code ~ 1367(b).
5.10.2 Expenses Incurred in Gaining Member Compliance. In the event that the
Association incurs any costs or expenses, to bring the Owner and/or his or her
Condominium into compliance with any provision of the Governing Documents, the
amount incurred by the Association (including reasonable fines and penalties duly
imposed hereunder, title company fees, accounting fees, and reasonable attorneys' fees)
shall be assessed and charged solely to and against such Owner as a Special Assessment.
5.10.3 Change of Occupancy. A change of occupancy charge may be assessed
against each Condominium at the time escrow closes on the conveyance of title to such
Condominium, if title is transferred, or as of the date a new tenant takes possession of the
Unit, if the Unit is leased. The charge shall be for the purpose of covering the reasonable
and necessary expenses incurred by the Association as a result of the change of
ownership or possession of the Condominium, including verification of age qualification
of intended occupant. The charge shall be in an amount to be reasonably determined from
time to time by the Board.
5.11 Levy of Special Assessment and Payment. Once a Special Assessment has been
levied against an Owner for any reason described, and subject to the conditions imposed
in this Section 5.11, such Special Assessment shall be recorded on the Owner's account,
notice thereof shall be mailed to the affected Owner and the Special Assessment shall
thereafter be due as a separate debt of the Owner payable in full to the Association within
thirty (30) days after the mailing of notice of the Assessment. Pursuant to Civil Code
~ 1367.1, Special Assessments for damage to the Common Area or Senior Center may be
collected through the lien and foreclosure proceedings provided herein.
ARTICLE VI
MAINTENANCE RESPONSffiILITIES
6.1 Common Area Maintenance. The Association shall be solely responsible for all
maintenance, repair, upkeep and replacement of the Common Area including, but not
limited to:
6.1.1 The Senior Center and any other portion of the Common Area specifically
designed to further the physical and social needs of Qualified Owners and Occupants as
provided in Section 4.17.
6.1.2 The common parking areas, driveway areas and any private streets within
the Common Area, which shall be resurfaced or patched on an annual basis or according
to the maintenance schedule adopted by the Board setting forth the minimum standards of
maintenance for such areas.
6.1.3 The landscaping located within the Common Area.
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6.1.4 The storm drain and storm drainage system within the Common Area,
including maintenance of all filters and drains, which shall be monitored and repaired or
replaced as needed and as provided in the maintenance schedule adopted by the Board
setting forth the minimum standards of maintenance for such the storm drain and
associated syst~ but no less than annually.
No person other than the Association or its duly authorized agents shall construct,
reconstruct, refinis~ alter or maintain any improvement upon, or shall create any
excavation or fill or change the natural or existing drainage of any portion of the
Common Area and the Senior Center. In addition, no person shall remove or install any
tree, shrub or other vegetation :&o~ or construct any improvement, or store any item
upon the Common Area or the Senior Center without the prior written approval of the
Association.
6.2 Owner Maintenance Responsibilities. Each Owner of a Living Unit shall be
responsible for the maintenance and repair of the glass doors and windows enclosing his
or her Living Unit, the exterior of his or her Living Unit and the interior of all other areas
which he or she has the exclusive right to use, including any landscaping therein. Each
Owner shall also be responsible for the maintenance and repair of the plumbing, electrical
and heating systems servicing his or her Living Unit or any of his or her Exclusive Use
Areas and located within or underneath the outside perimeter of the exterior bearing walls
of said Living {Jnit, or Exclusive Use Areas, including television cable equipment and
connections and all appliances and equipment located in said Living Unit and Exclusive
Use Areas.
6.3 Recoverv of Costs of Certain Repairs and Maintenance. In the event that an
Owner fails to perform maintenance functions for which he or she is responsible under
Section 6.2, above, the Association may give written notice to the offending Owner with
a request to correct the failure within fifteen (15) days after receipt thereof. If the Owner
refuses or fails to perform any necessary repair or maintenance, the Association may
exercise its rights under Article IV, Section 4.6, to enter the Owner's Unit and perform
the repair or maintenance so long as the Owner has been given notice and the opportunity
for a hearing. The cost of the repairs may be billed to the owner as a Special Assessment
in accordance with Article V.
6.4 Cooperative Maintenance Obligations. To the extent necessary or desirable to
accomplish the Association's maintenance obligations hereunder, Owners shall cooperate
with the Association and its agents and maintenance personnel in the prosecution of its
work.
ARTICLE VII
USE RESTRICTIONS
7.1 Obligation to Follow Use Restrictions. Each Owner of a Condominium shall be
responsible for ensuring that the Owner's family, guests, tenants, contractors and all
occupants of the Owner's Condominium comply with all provisions of this Declaration,
21
the Bylaws and the Rules and Regulations of the Association. In addition to any rights the
Association may have against the Owner's family, guests, tenants or occupants, the
Association may take action under this Declaration against the Owner as if the Owner
committed the violation in conjunction with the Owner's family, guests, tenants or
occupants.
7.2 Senior/Single Family Residential Use. To the maximum extent allowed by the
laws of the state of California, each and every Living Unit shall be used and/or occupied
by at least one person who is age fifty-five (55) or older and all occupants of an Living
any Living Unit must be Qualified Owners or Occupants. Specifically, at least one (1)
resident in each Living Unit must be fifty-five (55) years of age or older (senior) and
every other resident (a qualified pennanent resident) must be at least forty-five (45) years
of age or older, except for the spouse or cohabitant of the senior citizen or a person who
resides with and provides the primary physical or economic support for the senior citizen,
or a person who is a permitted health care resident within the meaning of California Civil
Code Section 51.3(j). A person is a "cohabitant" of the senior if the person and the
senior live together as husband and wife. If the senior dies, is hospitalized, or is absent
from the complex for a prolonged period, or if the marriage between the senior and his or
her spouse is dissolved, any qualified pennanent resident may continue to reside in the
Living Unit previously occupied by the senior without regard to the age restrictions that
applied to that person, provided that person otherwise has the legal right to continue to
reside in the Living Unit. Nothing herein shall prohibit temporary residency by any
person less than forty-five (45) years of age for specified periods not to exceed sixty (60)
days in any twelve (12) month period. The Association is and shall be empowered to,
and shall take the necessary steps to enforce this provision. The intent of this Section is
to provide full compliance with California Civil Code Section 51.3 and all subsequent
amendments thereto.
7.3 Parking. Carports and parking space areas as designated on the Condominium
Plan are to be used for parking and storage of automotive passenger vehicles. Parking in
designated fire lanes is prohibited. All fire lanes shall be posted and enforced through
applicable Police and Fire Department rules and guidelines. Parking in locations
designated handicapped parking shall be limited to individuals with a valid handicapped
parking permit. Storage is not pennitted in the carports. No commercial truck, camper,
trailer, boat, recreational vehicle, or other similar vehicles or related equipment may be
parked within the Common Area, except temporarily for loading or unloading for no
more than 24 hours, unless a longer time is permitted by the Board for extenuating
circumstances. Such prohibited vehicles may be parked in the garages if such vehicles fit
with the garage door closed. The Board shall have the right to make Rules and
Regulations regarding parking of additional vehicles in the Common Area by Owners and
residents, guest parking, enforcement such as towing, and other rules to control parking.
7.4 Uninsurable Use ofPropertv. No Living Unit nor any portion of the Common
Area shall be occupied or used for any purpose or in any manner which shall cause
improvements thereon to be uninsurable against loss by fire or the perils of the extended
coverage endorsement to the California Standard Fire Policy fonn, or cause any policy or
22
policies representing such insurance to be canceled or suspended or the company issuing
the same to refuse renewal thereof.
7.5 Pets. Pets, not exceeding two (2) usual and ordinary household pets (exclusive of
aquarium fish), may be kept in any Living Unit provided that such pets shall not be
allowed on the Common Area or in the Senior Center except as may be permitted by
Rules and Regulations. Residents shall be responsible to clean up after their pet, and shall
keep such pets on a leash while in the Common Area, by a person capable of controlling
the pet. No pet may cause a nuisance or otherwise be aggressive towards or make
unreasonable noise so as to disturb other residents. The Board reserves the right to have
any such pets which violates these restrictions or additional rules adopted by the Board
removed from the Property.
7.6 Nuisance. No Living Unit shall be used in such manner as to obstruct or interfere
with the enjoyment of occupants of other Living Units or annoy them by unreasonable
noise or otherwise~ nor shall any nuisance be committed or pennitted to occur in any
Living Unit.
7.7 ~. No signs other than one (1) sign not to exceed reasonable and customary
dimensions advertising a Condominium for sale or lease shall be erected or displayed in
any Living Unit so that it is visible from outside the Living Unit. No signs shall be
erected or displayed on the Common Area except those approved or authorized by the
Board.
7.8 Antennas and Satellite Dishes. Owners shall be permitted to install satellite
dishes of up to one meter in diameter within the boundaries of the Owner~s Unit~ or
Exclusive Use Areas. No satellite dish shall be installed on or attached to the Common
Area (i.e. roofs, sides of buildings, structural parts of railings of balconies), unless such
Owner has received the prior written approval of the Board. The Board may adopt
guidelines for preferred locations such dishes should be installed, and as to terms and
conditions for installation~ if permitted~ on the Common Area. These rules shall be
consistent with the Telecommunications Act of 1996 and any rules implemented by the
Federal Communication Commission. These restrictions and the Association's rules are
subject to change based on applicable federal and/or state law.
7.9 Decks and Balconies. Each Owner shall have the right to place furniture, potted
plants and other items as pennitted by the rules adopted by the Board, upon the deck,
balcony or patio which he or she has the exclusive right to use. Such items shall be
installed with appropriate care so as to prevent premature deterioration of the decks,
balconies and patios. Nothing herein contained shall give the Owner the right to paint,
decorate, remodel, landscape or adorn, any deck or balcony or any other part or parcel of
the Common Area without the written consent of the Architectural Review Committee or
the Board.
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7.10 Structural InteJUity of Buildings. Nothing shall be done in any Living Unit or in,
on, or to, the Common Area that will impair the structural integrity of any building, or
which would structurally change any building located therein. Nothing shall be altered or
constructed in or removed from the Common Area, including protruding through or
attaching fixtures to walls, ceilings or other parts of the buildings from the interior,
except upon the prior written consent of the Board.
7.11 Garbage Cans and Trash. Refuse collection shall be provided in a manner that
requires a minimum of physical exertion by residents. All equipment, garbage cans,
wood piles or storage piles shall be kept screened and concealed from public view,
including view of neighboring Living Units, streets and Common Area with landscaping
or other appropriate screening materials. All trash enclosures shall be made of masonry or
concrete with an exterior finish approved by the Architectural Review Committee. The
trash enclosure area shall be large enough to accommodate recycling containers. Trash
enclosures are reserved exclusively for dumpster and recycling container storage.
Miscellaneous tires, auto parts, boxes, bins, racks, etc. shall not be placed within the
enclosure. All rubbish, trash or garbage shall be regularly removed from each Living Unit
and shall not be allowed to accumulate thereon or on the adjacent Common Area.
7.12 Fences. No fences, hedges or walls shall be erected or maintained upon the
Common Area, except such as are installed in accordance with the initial construction of
the buildings located on the Property or as authorized by the Board.
7.13 Exterior Clothes Lines. No exterior clotheslines shall be erected or maintained,
and there shall be no outside drying or laundering of clothes on the balconies, decks, or
patios so as to be visible from the Common Area.
7.14 Power Equipment. No power equipment, hobby shops or carpenter shops shall be
maintained on the Property, except that tools or machinery normally associated with
residential use and not used for business purposes may be used. However, such may not
be used so as to unreasonably disturb surrounding residents. No automobile overhaul or
maintenance work, other than emergency work, shall be pennitted on the Property.
7.15 Use of Common Area. The Common Area, except the buildings and those areas
in which there exists an exclusive right to use in one of the Owners, shall be improved
and used only for the following pwposes:
7.15.1 affording vehicular passage and pedestrian movement within the
Property, including access to the Living Units;
7.15.2 recreational, community, and senior citizen use by the Owners and
occupants of Living Units and their guests, subject to rules established by the Board;
7.15.3 beautification of and accessibility to the Common Area and providing
privacy to the residents thereof through landscaping and such other means as the Board
shall deem appropriate;
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7.15.4 parking of automotive passenger vehicles in areas provided therefore,
subject to Rules adopted by the Board.
7.16 Decoration of Units. Each Owner shall have the right, at his or her sole cost and
expense, to maintain, repair, paint, paper, panel, plaster, tile and finish the interior
surfaces of the ceilings, floors, window frames, door frames, trim and perimeter walls of
the Living Unit and the surfaces of the bearing walls and partitions located within said
Living Unit. Said Owners shall have the right to substitute new finished surfaces in place
of those existing on said ceiling, floors and walls.
ARTICLE VIII
ARCHITECTURAL CONTROL
8.1 Imt>rovements in General; Establishment of Architectural Review Committee. No
improvement (as defined in Section 8.2 below) of any kind shall be commenced, erected
or maintained within the Property, nor shall any exterior addition to or change or
alteration be made to the exterior of any Unit or Common Area until the plans and
specifications showing the nature, color, kind, shape, height (including front, side and
rear elevations), materials, and location of the same shall have been submitted to and
approved in writing by the Association's Architectural Review Committee as to quality of
workmanship and materials, hannony of external design and location in relation to
surrounding structures, setback lines, topography, color scheme and finish grade
elevation.
8.2 Improvement Defined. "Improvement" includes, without limitation, the
construction, installation, alteration, or remodeling of any buildings, walls, decks,
balconies, patios, patio covers, awnings, fences, swimming pools, spas, landscaping,
landscape structures, skylights, solar heating equipment, antennas, utility lines, or any
structure of any kind. In no event shall the tenn "Improvement" be interpreted to include
projects which are restricted to the Unit interior and which do not involve the attachment
to or alteration of the roof or any load bearing wall thereof.
8.3 Appointment of Architectural Review Committee. The Board of Directors may
appoint an Architectural Review Committee composed of not less than three nor more
than five Members, or the Board may act as the Committee. Committee Members
appointed shall be from the membership of the Association. A majority of the
Architectural Review Committee may designate a representative to act on its behalf.
Members of the Committee shall serve for a tenn of one year, however, the Board shall
have the right to remove and appoint Committee members at any time. In the event of the
death or resignation of any Member of the Architectural Review Committee, a successor
shall be appointed by the Board. Neither the Members of the Committee nor its
designated representatives shall be entitled to any compensation for services perfonned
pursuant hereto, other than reimbursement for actual expenses incurred by the Committee
or any individual member thereof.
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8.4 Submission of Plans: Action by Committee. Plans and specifications for the
proposed Improvement shall be submitted to the Architectural Review Committee by
personal delivery, regular mail or certified mail to the property manager's office, or
directly to the secretary of the Association or the chainnan of the Architectural Review
Committee. In the event the Committee fails to approve or disapprove such design and
location within forty-five (45) days after said plans and specifications have been received
by it, the date of which shall be detennined by the Committee, an Owner requesting said
approval may submit a written notice to the Board advising them of the Committee's
failure to so approve or disapprove. If the Committee still fails to approve or disapprove
said plans, within thirty (30) days after the receipt of said notice ftom the Owner, said
plans shall be deemed to have been approved. The Committee may place certain
conditions of approval or requests for modification of particular aspects of the Owner's
plan and specifications.
8.5 Architectural Rules. The Architectural Review Committee may, subject to review
by the Board, ftom time to time adopt, amend and repeal Rules and Regulations to be
known as "Architectural Rules" or "Guidelines". Said rules shall interpret and implement
the provisions of this Declaration by setting forth the standards and procedures for the
review and approval of proposed Improvements and guidelines for architectural design,
handicap access and accommodation, placement of any work of Improvement or color
schemes, exterior finishes and materials and similar features which are recommended for
use within the Property, provided that said rules shall not fall below the minimum
standards required by this Declaration. In the event of any conflict between the
Architectural Rules and this Declaration, the Declaration shall prevail.
8.6 Variances. The Architectural Review Committee shall be entitled to allow
reasonable variances with respect to this Article VIII to overcome practical difficulties,
avoid unnecessary expense, prevent unnecessary hardships, or to accommodate
handicapping or otherwise disabling or physically limiting conditions provided the
following conditions are met:
8.6.1 If the requested variance will necessitate deviation from, or modification
of, a property use restriction that would otherwise apply under this Declaration, the
Committee must conduct a hearing on the proposed variance after giving at least ten (10)
days prior written notice to the Board and to all Owners of Units within one hundred
(100) feet of the property for which the variance applies. The Owners receiving notice of
the proposed variance shall have thirty (30) days in which to submit to the Board or
Committee written comments or objections with respect to the variance. No decision
shall be made with respect to the proposed variance until the thirty (30) day comment
period has expired;
8.6.2 The Committee must make a good faith detennination that: (1) the
requested variance does not constitute a material deviation from the overall plan and
scheme of development within the Property or from any restriction contained herein or
that the proposal allows the objectives of the violated requirement(s) to be substantially
achieved despite noncompliance; or (2) the variance relates to a requirement hereunder
26
--..,-
that it is unnecessary or burdensome under the circumstances; or (3) the variance, if
granted, will not result in a material detriment, or create an unreasonable nuisance, with
respect to any other Unit, Common Area or Owner within the Property.
8.7 Waiver. The approval by the Board or Committee of any plans, drawings, or
specifications for any work done or proposed, or for any other matter requiring the
approval of the Board or Committee shall not be deemed to constitute a waiver of any
right to withhold approval of any similar plans, drawings, specifications or matters
subsequently submitted for approval.
8.8 Liability. Neither the Board, Committee nor any Member thereof shall be liable
to the Association, any Owner, or to any other party, for any damage, loss or prejudice
suffered or claimed on account of (a) the approval or disapproval of any plans, drawings,
or specifications, or (b) the construction or perfonnance of any work, whether pursuant to
approved plans, drawings and specifications; provided that with respect to the liability of
a Member, such Member has acted in good faith on the basis of actual knowledge
possessed by him or her.
ARTICLE IX
INSURANCE
9.1 Insurance Coverage. The Association shall obtain and maintain the following
insurance:
9.1.1 Casualty. A casualty policy insuring the full replacement value of
improvements and fixtures on the Property, including building ordinance endorsement, if
available, and any other riders deemed by the Board to be appropriate;
9.1.2 Liability. A comprehensive public liability insurance policy insuring the
Association, its agents, and the Owners and occupants of the Condominiums and their
respective family members, guests, invitees, and agents against any liability incident to
the ownership or use of the Common Area or any other Association owned or maintained
real or personal property, in the sum of at least two million dollars ($2,000,000), or other
minimum required by law so as to maximize protection to the Association;
9.1.3 Worker's Compensation. W orkerts Compensation insurance in the
amount at least equal to statutory requirements;
9.1.4 Directors Liabilitv. The Board may purchase Officers and Directors
liability insurance if deemed advisable and otherwise available for purchase;
9.1.5 Other Insurance. Such other insurance as the Board in its discretion
considers necessary or advisable. The amount, tenns, and coverage of any policy required
hereunder (including the type of endorsements, the amount of the deductible, the named
insureds, the loss payees, standard Mortgage clauses, and notices of changes or
cancellations) shall be no less than that which is customary for similar policies on similar
27
projects in the area, except that the Board will make every effort to obtain the minimum
coverage set forth in Civil Code ~ 1365.9(b) for the protection of the individual Owners
from being named in the lawsuits in regard to actions arising out of injuries occurring on
the Common Areas.
9.2 Insurance Trustee. Each Owner appoints the Association or any insurance trustee
designated by the Association to act on behalf of the Owners in connection with all
insurance matters arising from any insurance policy maintained by the Association,
including, without limitation, representing the Owners in any proceeding, negotiation,
settlement, or agreements.
9.3 Waiver of Subrogation. Any insurance maintained by the Association shall
contain a waiver of subrogation as to the Association and its officers, directors, and
Members, the Owners and occupants of the Condominiums and Mortgagees, and, if
obtainable, a cross-liability or severability of interest endorsement insuring each insured
against liability to each other insured. The Association shall periodically (and not less
than once every three (3) years) review all insurance policies maintained by the
Association to determine the adequacy of the coverage and to adjust the policies
accordingly. All individually owned insurance shall contain a waiver of subrogation as to
the Association and its officers, directors, and Members, of the Owners and Occupants of
the Condominiums and of Mortgagees.
9.4 No Duplicate Insurance Coverage, No Owner shall separately insure his or her
Condominium against loss by fire or other casualty covered by any insurance carried by
the Association. If any Owner violates this provision, any diminution in insurance
proceeds otherwise payable under the Association's policies that results from the
existence of such other insurance will be chargeable to the Owner who acquired other
insurance.
9.5 Unit Owner Insurance Required. Owners are required to insure their personal
property against loss and obtain personal liability insurance covering the contents and
interior of their individual Living Units. In addition, any improvements made by an
Owner within his or her Unit may be separately insured by an Owner, but the insurance is
to be limited to the type and nature of coverage commonly known as tenant's
improvements. Any Owner failing to purchase said insurance waives any claim he/she
may have against the Association for damage to the interior of his or her Unit, arising out
of negligence, nuisance, or breach of contract on the part of the Association, so long as
the damage or loss would have been covered under a standard Condominium Homeowner
Policy (H06) had it been in force at the time of the loss. Further, the Association shall not
be responsible for interior damage caused by the failure of a component of the Common
Area, absent gross negligence or willful misconduct on the part of the Association.
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ARTICLE X
DAMAGE OR DESTRUCTION
10.1 Destruction: Proceeds Exceed 85% of Reconstruction Costs. If there is a total or
partial destruction of the improvements in the Project, and if the available proceeds of the
insurance carried plus reserve account funds designated for the repair or replacement of
capital improvements which have been damaged are sufficient to cover not less than
eighty-five percent (85%) of the costs of repair and reconstruction, the improvements
shall be promptly rebuilt unless, within ninety (90) days from the date of destruction,
Owners then holding at least seventy-five percent (75%) of the total voting power of
Owners present and entitled to vote, in person or by proxy, at a duly constituted meeting
or voting by written ballot, detennine that repair and reconstruction shall not take place.
If such a meeting is called, the Association shall solicit and obtain bids from at least two
reputable contractors to repair and reconstruct the improvements in accordance with the
original plans and shall present this infonnation to the Owners at the meeting. If repair
and reconstruction is to take place the Association shall be required to execute,
acknowledge, and record in the office of the County Recorder of San Luis Obispo County
not later than one hundred and twenty (120) days from the date of destruction, a
certificate declaring the intention of the Owners to rebuild.
10.2 Destruction: Proceeds Less Than 85% of Reconstruction Costs. If the proceeds
of insurance carried plus reserve account funds designated for the repair or replacement
of capital improvements which have been damaged are less than eighty-five percent
(85%) of the costs of repair and reconstruction, the improvements shan be promptly
rebuilt, unless within ninety (90) days from the date of destruction, Owners then holding
at least sixty-seven percent (67%) of the total voting power of Owners present and
entitled to vote, in person or by proxy, at a duly constituted meeting or by written ballot,
determine that repair and reconstruction shall not take place. If such a meeting is called,
the Association shall solicit and obtain bids from at least two reputable contractors to
repair and reconstruct the improvements in accordance with the original plans and shall
present this infonnation to the Owners at the meeting. If repair and reconstruction are to
take place, the Association shall execute, acknowledge, and record in the office of the
County Recorder of San Luis Obispo County not later than one hundred and twenty (120)
days from the date of destruction a certificate declaring the intention of the Owners to
rebuild.
10.3 Apportionment of Assessments. If the Owners detennine to rebuild pursuant to
Sections 10.1 and 10.2, above, each Owner shall be obligated to contribute his or her
equal share of the cost of reconstruction or restoration over and above the available
insurance proceeds. The Association may levy a Capital Assessment for the cost of
restoration or reconstruction over and above the insurance proceeds, which may be
enforced under the lien provisions contained in this Declaration.
10.4 Rebuilding Contract. If the Owners determine to rebuild, the Board or its
authorized representative shall, after obtaining bids from at least two reputable
contractors as required by the paragraphs above, award the repair and reconstruction
29
work to the lowest bidder that otherwise meets the requirements set forth by the Board in
soliciting bids. The Board shall have the authority to enter into a written contract with the
contractor for the repair and reconstruction, and the insurance proceeds held by the
trustee shall be disbursed to this contractor according to the tenns of the contract. The
Association shall be obligated to take all steps necessary to assure the commencement
and completion of authorized repair and reconstruction at the earliest possible date.
10.5 Rebuilding Not Authorized, If the Owners detennine not to rebuild, then, subject
to the rights of Mortgagees, any insurance proceeds then available for such rebuilding
shall be distributed to each Owner (of an uninhabitable damaged Unit which is not to be
rebuilt) according to the relative fair market values of their Condominiums. The Board
shall select an independent appraiser who shall be a Member of the Society of Real Estate
Appraisers ("SREAt>) or other nationally recognized appraisers' organization and who
shall determine such relative values in accordance with the standards of such
organizations as of a date immediately prior to such destruction. The Association shall
have the duty, within one hundred and twenty (120) days ftom the date of destruction, to
execute, acknowledge, and record in the office of the County Recorder of San Luis
Obispo County, a certificate declaring the intention of the Owners not to rebuild.
10.6 Minor Repair and Reconstruction. The Association shall have the duty to repair
and reconstruct improvements, without the consent of Owners and irrespective of the
amount of available insurance proceeds, in all instances of partial destruction where the
estimated cost of repair and reconstruction does not exceed $20,000 in the case of
Common Area improvements. The Association can levy a Capital Assessment for the
cost of repairing and reconstructing improvements to the extent insurance proceeds are
unavailable, such Assessment to be levied as described in Section 10.3, above (but
without the consent or approval of Owners, despite any contrary provisions in this
Declaration).
10.7 Revival of Right to Partition. On recordation of a certificate described in Section
10.5, above, the right of any Owner to partition through legal action as described in
Article II, Section 2.5, shall revive immediately. In addition, each Owner, by accepting a
deed to a Condominium, grants to the Association an irrevocable power of attorney to
sell the entire Project for the benefit of the Owners, to tenninate the Declaration, and to
dissolve the Association. The net proceeds following sale of the Project and dissolution
of the Association shall be distributed to the Owners in the same manner that insurance
proceeds are distributed under Section 10.5, above, with all Owners sharing in said
proceeds as set forth therein.
ARTICLE XI
CONDEMNATION
11.1 Sale bv Unanimous Consent. If an action for condemnation of all or a portion of
the Property is proposed or threatened by any governmental agency having the right of
eminent domain, then, on unanimous written consent of all the Owners and after notice to
all Mortgagees, the Property, or a portion of it may be sold by the Board acting as
30
there shall be a lien on the Condominium of the purchaser at such sale with respect to all
Assessments which become due after the date of any such sale with respect to which a
Notice of Assessment has been recorded as provided herein, which lien shall have the
same effect and enforced in the same manner as is provided herein.
ARTICLE XIII
CONDOMINIUM PLAN
13.1 Limited Reservation of RiiPtt to Vary Condominium Plan. Notwithstanding any
provision of this Declaration, for a period of seven (7) years from the date of the
recordation of the sale of the first Condominium, or until one (1) year subsequent to the
sale and recordation of the final Condominium to be sold in the Project, whichever occurs
earlier, Declarant reserves unto itself the exclusive right to amend any Condominium
Plan by varying (i) the size, shape or location of the unsold Units and the diagrammatic
floor plans, locations and/or dimensions of unsold Units, built or to be built; and/or (ii)
the associated appurtenant area and the Common Area boundary lines and the Unit so
varied shall be constructed entirely within such newly described boundary lines.
13.2 Special Power of Attorney. Each Owner, by joining in the execution of his or her
individual Condominium grant deed (whether or not the grant deed shall contain a
provision specifically incorporating this Article by reference), shall thereby constitute
and irrevocably appoint Declarant, as his or her attorney-in-fact and agent for the purpose
of executing and acknowledging on behalf of the Owner of such Condominium any and
all amendments to the Condominium Plan deemed necessary by Declarant to conform
same to variances determined or approved by Declarant hereunder. The limited
reservation and power of attorney described in this Article is reserved and accepted by
Declarant in order to insure uninterrupted progress in the construction and development
of the Project, for the benefit of all Owners (including Declarant) and in order that there
be convenient methods of compliance with 91351 of the California Civil Code for the
convenience of the Owners. By reason of the foregoing, the provisions of this Article are
and shall be deemed powers "coupled with an interest" and intended to "run with the
land", and shall be binding upon future Owners, their heirs, assigns and successors in
interest. Each Owner, for himself or herself, his or her successor or assigns, hereby
covenants, warrants and agrees that in any document of conveyance he will execute and
deliver for the purpose of transferring the Ownership of his or her Condominium or any
interest therein to a successor, he will require that such successor undertake to be bound
by and comply with all of the requirements of this Article, including but not limited to the
appointment of Declarant as such successor's legal attorney-in-fact for the purposes of
this Article, but a failure of any Owner to so provide in any such document of
conveyance shall not derogate from Declarant's rights hereunder or the power of attorney
it holds by virtue of the provisions hereof.
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irrevocable attorney-in-fact of all of the Owners for a price deemed fair and equitable by
the Board, but in no event less than the aggregate unpaid balance of all first Mortgages
encumbering Condominiums within the Property.
11.2 Distribution of Proceeds of Sale. If a sale occurs under Section 11.1, and the
agreement of sale does not by its tenns apportion the sale proceeds among the Owners
and their respective Mortgagees, the Board shall select an independent SREA appraiser
who shall detennine the relative fair market values of the Condominiums affected by the
sale, in accordance with SREA standards. The sale proceeds shall then be apportioned
among the Owners, and their respective Mortgagees according to such relative values.
11.3 Distribution of Condemnation A ward. If the Property, or a portion of it, is not
sold, but is instead taken, the judgment of condemnation shall by its tenns apportion the
award among the Owners and their respective Mortgagees.
11.4 Al>J>raisal if Condemnation Award Not Apportioned. If the judgment of
condemnation does not by its tenns apportion the award among the Owners and their
respective Mortgagees, the Board shall select an independent SREA appraiser who shall
detennine the relative fair market values of the Condominiums affected by the
condemnation, in accordance with SREA standards. The award shall then be apportioned
among the Owners, and their respective Mortgagees, according to such relative values.
ARTICLE XII
PROTECTION OF LENDERS; SALES AND TRANSFERS
12.1 Assessment Lien Subordinated. Any lien created under the provisions of Article V
hereof shall be subject and subordinate to the rights of any Mortgagee of any recorded
first Mortgage or second Mortgage (which shall include a ''wrap-around'' or "all-
inclusive" Mortgage) upon any Condominium made in good faith and for value. No lien
created or claimed under the provisions of Article V hereof shall in any way defeat,
invalidate or impair the rights of any Mortgagee under any such recorded first or second
Mortgage unless the Mortgagee thereunder shall expressly subordinate his or her interest,
in writing, to such lien.
12.2 Amendments to Declaration. No amendment to this Declaration shall affect the
rights of the Mortgagee of any Mortgage described in Section 12.1 above which is made
in good faith and for value, provided that any such Mortgage is recorded prior to the
recordation of such amendment; and provided further that the benefit of this Section shall
not apply to the Mortgagee of any such Mortgage if such Mortgagee shall (i) join in the
execution of such amendment or (ii) approve said amendment in writing.
12.3 Default bv Owner; Mortgagee Right to Vote. In the event of a default by any
Owner under a first or second Mortgage encumbering said Owner's Condominium, the
Mortgagee under said Mortgage in default (or if both Mortgages are in default, the
Mortgagee under the first Mortgage) shall, upon (i) giving in written notice to said
defaulting Owner, (ii) recording a Notice of Default in accordance with Section 2924 of
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ARTICLE XIV
OBLIGATION OF OWNERS
14.1 Mechanic's Liens. No labor performed or materials furnished for use in
connection with any Unit shall create any right to file a statement of mechanic's liens
against the Unit of any other Owner not expressly consenting to or requesting such labor
or materials or against any interest in the Common Area except the undivided percentage
interest therein appurtenant to the Unit of the Owner for whom such labor shall have been
performed and such materials shall have been furnished. Each Owner shall indemnify and
hold hannless each of the other Owners from and against liability or loss arising from the
claim of any lien against the Unit of the Owner, or any part thereof, for labor performed
or for materials furnished in work on such Owner's Unit.
14.2 Personal Injury or Property Damage Sustained Within a Unit. In the event any
personal injury or property damage is sustained by any Person while physically within a
Unit and shall result in a claim or suit against any other Owner or the Association, any of
its officers, members of its Board, the Manager and his or her staff, or any agent,
representative or employee of the Association, the Owner of the Unit in which such
injury or damage occurred (i) shall and does hereby agree to fully indemnify and hold
hannless such Persons against whom such claim or suit is brought and (ii) does hereby
agree to defend, at his or her own cost and expense, any litigation resulting therefrom in
which such Person has been made a party, provided that no such obligation shall exist
with respect to such other Persons whose negligence or willful misconduct caused or
contributed to the cause of any such injury or damage. In the event of joint ownership of
any Condominium within the Project, the liability of such Owners shall be joint and
several.
14.3 Association Not Responsible for Loss. Neither the Declarant, nor its agents or
employees, nor the Association nor any member of the Board, its officers, the Manager
and his or her staff, or any of its representatives, agents or employees shall be responsible
to any Owner nor to any member of his or her family, his or her tenants, social guests,
servants, employees or invitees for any loss or damage suffered by reason of theft or
otherwise of any article, vehicle or thing which may be stored by such Owner or other
Person in or on any portion of the Common Area.
14.4 Notice of Danger. In the event any Owner observes any equipment, furniture,
structure, vehicle, conduct or activity within any portion of the Project which said Owner
deems likely to cause or result in serious injury to the health or safety of any resident,
occupant or guest within the Project unless immediate corrective action is taken. said
Owner shall immediately notify an officer or director of the Association or a responsible
agent, representative or employee of the Association so that the appropriate action can be
taken.
14.5 Notification of Sale or Lease of Condominium. Prior to the consummation of the
sale or lease of any Condominium under circumstances whereby the transferee becomes
an Owner thereof or lessee thereunder, the transferee shall notify the Board in writing of
34
such sale. Such notification shall set forth (i) the name of the transferee and his or her
transferor, (ii) the street address or Unit number of the Condominium purchased by the
transferee, (iii) the transferee's mailing address; (iv) the date of intended sale; and (v) the
verified information regarding the transferee's ability to meet the Qualified Owner or
Occupant requirements. Prior to the receipt of such notification, any and all
communications required or permitted to be given shall be deemed to be duly made and
given to the transferee if duly and timely made and given to said transferee's transferor.
ARTICLE XV
TAXES AND GOVERNMENTAL ASSESSMENTS
15.1 Taxes SeparatelY Assessed. Pursuant to an agreement made in accordance with
the provisions of Section 2188.3 of the California Revenue and Taxation Code, each
Condominium shall be separately assessed to the Owner thereof and the tax on each such
Condominium shall constitute a lien solely thereon.
15.2 Unallocated Taxes. Any unallocated taxes or assessments levied or assessed
against the Common Area, the Association or the personal property of the Association,
which taxes or assessments are not separately assessed pursuant to Section 15.1 hereof,
shall be deemed part of the expenses of the Common Area and shall be assessed against
the Owners as provided in Article V hereof.
ARTICLE XVI
TERM OF DECLARATION
Subject to the other provisions hereof, the covenants contained in this Declaration shall
run with and benefit the land within the Project and shall be binding upon the Owners,
Declarant, the Association, its Board, its officers and their successors or assigns and shall
continue in full force and effect for a term of fifty (50) years from date of recordation of
this Declaration, after which time the same shall be automatically extended for successive
periods often (10) years each unless, within six (6) months prior to the expiration of the
initial fifty (50) year term or any ten (10) year extension period, a written agreement
executed and acknowledge by the Owners of at least sixty-seven percent (67%) of the
Condominiums in the Project shall be placed on record in the Office of the County
Recorder of San Luis Obispo County, California, terminating the effectiveness of this
Declaration.
ARTICLE XVII
AMENDMENTS
17.1 Amendment. This Declaration may be amended only by an instrument executed
and acknowledged by (i) the Owners of at least sixty-seven percent (67%) of the
Condominiums in the Project, and (ii) the holders of all Mortgages which are of record
prior to the effective date of such amendment. Any such amendment shall become
effective immediately upon the recordation in the Office of the County Recorder of San
Luis Obispo County, California, of an instrument complying with the requirements of this
35
Article. Any other attempt to in any way amend the provisions of this Declaration shall
be null and void and of no effect. Notwithstanding the foregoing, this Declaration may
not be amended to eliminate any rights expressly reserved to Declarant herein, except by
an instrument executed and acknowledged by Declarant, as wen as in accordance with
the foregoing.
17.2 Mortgagees. The approval of at least seventy-five percent (75%) of Mortgagees
of Condominiums must be obtained prior to adoption of any amendment of a material
nature, which shall include the following:
17.2.1 voting rights;
17.2.2 change the method by which the obligations, Assessments, dues or other
charges, or liens therefor, or the priority of Assessment liens are imposed;
17.2.3 by act or omission, change, waive or abandon any scheme of
regulations, or enforcement thereof, pertaining to the architectural design or exterior
appearance of the residences, exterior maintenance of the residences, maintenance of the
Common Area, including landscaping;
17.2.4 reallocation of interests in the Common Area or Exclusive Use Areas or
rights to their use;
17.2.5 redefinition of any Unit boundary;
17.2.6 convertibility of Units into Common Area or Common Area into
Units;
17.2.7 expansion or contraction of the Project or the addition, annexation, or
withdrawal of property to or uom the Project;
17.2.8 restoration or repair of the Project (after damage or partial
condemnation) in a manner other than that specified in this Declaration;
17.2.9 any provisions that expressly benefit Mortgage holders, insurers, or
guarantors; or
17.2.10 any action to tenninate the legal status of the Project after substantial
destruction or condemnation occurs.
If Owners are considering tennination of the legal status of the Project for reasons other
than substantial destruction or condemnation of the Property, the Association must obtain
at least seventy-five percent (75%) of the votes of the Mortgagee. If any Mortgagee fails
to submit a response to any written proposal for an amendment within thirty-five (35)
days after it receives notice of the proposal, provided the notice was delivered by
36
certified or registered mail with a return receipt requested, such Mortgagee shall be
considered to have granted approval.
17.3 Amendment in Dero~ation of Obligation to Maintain Common Area.
Notwithstanding anything in this Declaration to the contrary, any amendment to this
Declaration which would defeat the obligation of the Association to maintain the
Common Area in a good state of repair or which would defeat the Assessment procedure
set forth in this Declaration to assure said maintenance must be approved by the City of
AtToyo Grande and the State of California Department of Real Estate.
17.4 Consent of Real Estate Commissioner. Notwithstanding anything in this
Declaration to the contrary, no amendment of this Declaration or any other of the
Documents which would materially change the rights, preferences or privileges of any
Owner or the restrictions upon any Condominium affected thereby shall become effective
or legally binding without Approval of the Real Estate Commissioner of California;
provided, however, that such Approval shall not be required ITom the date Declarant shall
cease to be Owner of less than twenty-five percent (25%) of the total number of
Condominiums in the Project. Applications for the Approval of the Real Estate
Commissioner shall be made in accordance with provisions of ~IIOI8.7 of the California
Business and Professions Code.
ARTICLE XVIII
GENERAL PROVISIONS
18.1 Enforcement. The Association or any Member shall have the right to enforce by
proceedings at law or in equity, all restrictions, conditions, covenants, Association
Bylaws and Rules and Regulations, reservations, liens and charges now or hereafter
imposed by the provisions of this Declaration or any amendment thereto, including the
right to prevent the violation of any such restrictions, conditions, covenants or
reservations, the right to recover damages or other dues for such violation; provided,
however, that with respect to Assessment liens, the Association shall have the exclusive
right to the enforcement thereof. Should the Association incur attorneys' fees in order to
enforce the covenants, conditions and restrictions or the Association Bylaws or Rules and
Regulations, it shall be entitled to recover such expenses from the responsible Members.
18.2 Violations Constituting A Nuisance. The results of every act or omission that are
a breach of this Declaration are hereby declared to be and constitute a nuisance, and
every remedy allowed by law or equity against a nuisance shall be applicable against
every such result and may be exercised by any Owner, or the Board.
18.3 Cumulative Remedies. The remedies herein provided for breach of the covenants
contained in this Declaration shall be deemed cumulative, and none of such remedies
shall be deemed exclusive.
37
-
18.4 No Waiver. The failure of the Board, or any Owner to enforce any of the
provisions contained in this Declaration shall not constitute a waiver of the right to
enforce the same thereafter, nor shall such failure result in or impose any liability on the
Association or the Board.
18.5 Severability. Invalidation of anyone of these covenants, conditions and
restrictions by judgment or court order shall in no way affect any other provisions that
shall remain in full force and effect.
18.6 Construction. The provisions of this Declaration shall be liberally construed to
effectuate its purposes of creating a uniform plan for the maintenance of a residential
community of common recreational facilities and Common Areas. Article and Section
headings have been inserted for convenience only, and shall not be considered or referred
to in resolving questions of interpretation or construction.
18.7 SinJWlar Includes Plural. Whenever the context of this Declaration requires same,
the singular shall include the plural and the masculine shall include the feminine.
18.8 Conflict of Governing Documents. If there is a conflict among or between the
Governing Documents, the provisions of this Declaration shall prevail; thereafter, priority
shall be given to Governing Documents in the following order: Articles, Bylaws, and any
Rules and Regulations adopted by the Board of the Association.
Declarant hereby adopts the above stated Declaration this _ day of _, 2004.
DECLARANT:
CAMINO MERCADO PARTNERS LIMITED PARTNERS
By its General Partner
California Commercial Investment Company, a California general partnership
By its General Partners
California Commercial Multi-Family, Inc., a Nevada corporation and
California Commercial Brokerage, Inc., a California corporation
By:
Gary Collet, Officer
California Commercial Multi-Family, Inc.
By:
Lou Mellman, Officer
California Commercial Brokerage, Inc.
38
STATE OF CALIFORNIA )
)ss.
COUNTY OF )
On , 2004, before me, , a Notary
Publfc, personally appeared GARY COLLETT, [--.J personally known to me - OR -
[-J proved to me on the basis of satisfactory evidence to be the person whose name is
subs~ribed to the within instrument and acknowledged to me that he/she executed the
same in his or her authorized capacity(ies), and that by his or her signature(s) on the
instrUment the person or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
Sign{iture of Notary
STATE OF CALIFORNIA )
)ss.
COUNTY OF )
On , 2004, before me, , a Notary
Publfc, personally appeared LOU MELLMAN, L-J personally known to me - OR -
L-1 proved to me on the basis of satisfactory evidence to be the person whose name is
substrlbed to the within instrument and acknowledged to me that he/she executed the
same in his or her authorized capacity(ies), and that by his or her signature(s) on the
instrument the person or the entity upon behalf of which the person acted, executed the
instrUment.
WITNESS my hand and official seal.
Sign(tture of Notary
39
06/18/2004 11: 01 18057733726 /} BUILDERCORPOFFICES
A TT ACHMENT 2
~ f
CAMINO MERCADO PARTNERS, LP
C). 2000 Mattie Road
Pismo Beach, CA 93449
},IJi
June 18, 2004
Qty of Arroyo Grande
PO Box 550
Arroyo Grande, CA 93421
Mrs. Heffernon
Per our discussion the plamlin~ department recommended we change the
allocation from 15 moderate inc;:ome units to, nine moderate units and six low
income units. In meeting with~your department the city offered to subsidize the
difference in providing the six.ow income units in the amount of approximately
$525,000. At the planning corro;nission meeting the approval of the tract map
was granted with the reallocanon of the nine moderate and the six low; however,
without the subsidy as recoInmEfnded by the planning department.
,
(
In a meeting with the city ~~r and planning director they recommended
that the resolution to council ag~in include the nine moderate and six low
income with a $100,000 fee credtt.
,
We are proposing a mix of 12 O;1Qderate income and three (3) low income units
with no city assistance. i, ~
Best personal regards.
~;!
~,' ~-*-
-~-~
MINUTES
PLANNING COMMISSION A TT ACHMENT 3
MAY 18, 2004
NON-PUBLIC HEARING ITEM:
IVC, TIME EXTENSION CASE NO, 04-004 FOR TENTATIVE TRACT MAP CASE NO,
01-002, APPLICANT - JAMES p, DOTSON; LOCATION - 801 HUASNA RD,
Staff report prepared and presented by Planning Intern, Andrea Koch.
Ms. Koch gave an update on the project, and concluded by stating that this is the
applicant's second request for a one-year time extension for Tentative Tract Map 01-
002; the applicant has requested another time extension to allow completion of
construction.
Commissioner Brown asked staff for an update on the undergrounding for this project
and hearing no further concerns the Commission went forward with a motion.
Commissioner Keen made a motion, seconded by Commissioner Arnold, to approve
Time Extension Case No. 04-004 for a one-year time extension of Tentative Tract Map
Case No. 01-002, Tract Map 2275, the motion was approved on a 4/0 roll call vote,
Commissioner Fowler being absent.
III, PUBLIC HEARINGS:
A, TENTATIVE TRACT MAP 04-001 ; APPLICANT - CAMINO MERCADO
PARTNERS, LP; LOCATION - 579 CAMINO MERCADO, Staff report prepared
and presented by Associate Planner, Kelly Heffernon.
Ms. Heffernon gave an update on the background of the project; stating that this was a
condominium tract map for a previously approved (City Council January 22, 2002) 60-
unit senior apartment complex and 3,000 square foot senior recreation center;
described prior amendments and explained the few changes that had been made to the
conditions of approval since the last approval of the project.
Staff answered Commission questions.
Chair Guthrie opened the hearing for public comment.
Gary Young, applicant, stated:
- We did obtain a permit from the City to remove the trees.
- We are waiting to hear from Caltrans on the cost for installing the traffic signal and
will then pull building permits.
- Survey stakes have been in place on the site.
- We consider this a new project per the Subdivision Map Act.
- He addressed benefits of the senior center.
- They will install a walking trail and dedicate an easement for public access.
- Condominiums would provide a significant tax base increase for the City over
apartments.
- He distributed a spreadsheet to the Commission showing cash flow of rental versus
ownership.
--_...,._--,--
MINUTES PAGE 3
PLANNING COMMISSION
MAY 18,2004
To clarify a question from Commissioner Guthrie, Victor Devens stated that the City will
administer the construction of the signal installation and the applicant will just pay the
normal traffic signalization impact fees.
Ray Abdan-nur, 955 Via Las Aguifas, stated concern that project does not have enough
parking; like to see concrete tiles on roof; noise considerations should be addressed;
may not need this senior center as he had heard that the Historical Society was going to
rent the Regional Center for $1.00 a year; should all the applicant's fees be waived
because of the senior center?
Sandy Sanderson, 136 Pine Street, 16 oak trees have already been removed. What
mitigation can be done for this new proposal?
Jason Blankenship, Mesa Lane, Project Manager.
Oak trees mitigation will be done 8/1 whether we have apartments or condos.
The trees were taken down because we were ready to go forward with the apartment
project.
Commissioner Brown stated the Commission approved a project that filled a need for
apartment type housing for seniors, allowed the cutting down of the trees for this and
asked the applicant why they came forward with apartments if they were not going to
financially pencil out? He expressed a concern that this had the feel of a "bait and
switch" deal.
Mr. Blankenship explained that the appraisal for the apartments came in very low as
there have been no apartments built in the area for over 20 years, but it had been their
intention to build the apartments from day one.
There was a discussion regarding the spreadsheet with Commissioner Guthrie and
Arnold questioning the stated figures.
Commissioner Guthrie asked if the project meets the Federal mandates for senior
housing? Mr. Young said it did.
Chuck French, 525 Dos Cerros, President of the Rancho Grande HOA, stated that there
was disagreement as to where the property line is along the back of the property. The
applicant removed a tree in an area the he believes the Association owns and intended
to grade in this area also. Chair Guthrie said staff would look into this.
Earl Paulding, Arroyo Grande, spokesperson for seniors, stated the seniors of the South
County have supported this project since conception; many seniors are single and need
a smaller place to live; seniors need this plus the senior center.
Chair Guthrie closed the hearing to public comment.
----~-- --------~_._- -----_.-,-----
MINUTES PAGE 4
PLANNING COMMISSION
MAY 18, 2004
Guthrie to staff:
- There is no mention of Subdivision Map Act in staff report, and he was not familiar
with it, but would like to review it; asked if the project met the Federal requirements
because after approval it would be too late; it seemed to him that there were a lot of
unknowns.
Brown:
- This project has evolved into a new project: He questioned whether finding No. 1
could be made; stated NO.4 cannot be met (the proposed project has caused
environmental damage -loss of 18 trees).
- If the previous entitlement of apartments is changed to condos, we are taking this
inventory out of the City.
- Cannot believe that the applicant entered into this project without knowing what was
involved and anticipates that it could come back for even more changes in the
future.
- If this is a new project then it should go through the same process as a new project.
- He could not vote in favor.
Arnold:
- He agreed with Commissioner Brown on the findings.
- He believed apartments would be more affordable; the City needs apartments now
and we have made numerous concessions to make this project viable.
- The proposal does not meet the definition of the requirement for "affordable".
- He stated that this is a condo conversion and it should meet these City
requirements.
- He would vote against this.
Keen:
- He disagreed with Commissioner Arnold.
- He had several concerns with condos versus apartments; they would cost more to
build.
- The City needs apartments, but they have not been built because they do not pencil
out.
- I am very disappointed re oak trees and I was disappointed the first time, but they
would have had to be removed on either project.
- The Courtland senior project came back many times also, each time asking for more
money.
- Although disappointed this project would help meet the needs of seniors.
- He could vote for this,
- Guthrie:
- He believes this was a switch as the Commission gave approval for what was
believed to be moderate affordable.units;
- He expressed concern that this project keeps coming back, but believes this project
is very different from the Courtland/Grand project (which is 50% affordable).
- This project could come back again with another change so he would like to see a
more thorough review related to the Subdivision Map Act and the conditions
included in it; he suggested postponing and reviewing again in two weeks.
--._-----
MINUTES PAGE 5
PLANNING COMMISSION
MAY 18,2004
- He had a concern that staff did not know if it meets Federal mandates for senior
housing.
- In the Housing Element there is reference that we would expect low and very low
come from rental; he could not support paying down on a for sale condo project.
Commissioner Keen made a motion recommending City Council approve the Tentative
Tract Map. The motion failed due to there being no second.
Commissioner Brown made a motion, seconded by Commissioner Arnold, to continue
discussion of this item to the meeting of June 1, 2004, to allow staff time to bring
forward a report which would include the concerns brought forward by the Chair.
The motion was approved on the following roll call vote:
AYES: Commissioners Brown, Arnold and Chair Guthrie
NOES: Keen
ABSENT: Fowler
Mr. Strong stated Public Works has confirmed that the City has accepted the open
space parcels and that Council approved the slope bank grading and the oak tree
mitigation with removal of two oaks in order to prevent a triple stacked wall that would
have been over 14 foot tall; the access trail and landscape mitigation was better than a
"concrete" solution.
IV, NON PUBLIC HEARINGS:
A, CITY HALL STUDY - STAFF PROJECT 03-022; APPLICANT - CITY OF
ARROYO GRANDE
Fred Sweeney, Phillips, Metsch, Sweeny & Moore Architects, gave a progress report
and stated that this would next go to City Council in June for further action and direction
and he hoped that these meetings would bring some closure and a decision on the
various sites for the New City Hall.
Mr. Sweeney then described each of the study/versions of Site No.1: (East
Branch/Mason and Short Streets), where the existing City property is located, Site No.5
(at the. bottom of Crown Hill, the Loomis site), which has numerous challenges and
issues and which both Public Works and the School District have concerns about. He
emphasized that once a site is selected it is important that some clear guidelines be
developed for the future implementers and advised that time and energy be given to
presenting the public with plans that are much more visual in nature for the new City
Hall. The City has an obligation to carry ihto place as an example what they want
others (in the same corridor) to do and this study is a tool to help bring that forward.
Commission Comments:
Arnold:
- He did not like Site No.5, it had too many complications
MINUTES DRAFT ATTACHMENT 4
PLANNING COMMISSION
JUNE 1, 2004
The motion was approved on the following roll call vote:
AYES: Chair Guthrie, Commissioners Fowler, Arnold, Brown and Keen
NOES: None
ABSENT: None
Sheppel 3 - Commission Comments:
Brown:
. Making the creek bank less than 25 feet- he would need clear-cut and strong
reasoning to approve this.
. He could not comment on the parking issue re the Pre-App at this time.
Guthrie:
. The creek bank issue would be driven by biology not the project.
. He had serious concerns with the traffic congestion re Sheppel 3.
. At this time he could not give much feedback as there was not enough on the plans
they had been given to review.
The Commission had no other concerns or comments.
B, CONTINUED ITEM: TENTATIVE TRACT MAP 04-001; APPLICANT - CAMINO
MERCADO PARTNERS, LP; LOCATION - 579 CAMINO MERCADO, Staff report
prepared and presented by Associate Planner, Kelly Heffernon.
Ms. Heffernan briefly described the project proposal to review a condominium tract map for
a previously approved 60-unit senior apartment complex .and summarized the issues
brought up by the Commission at the meeting of May 18, 2004. In conclusion Ms. Heffernon
stated that additional conditions had been added as follows:
. One covered parking space be designated per unit located within 100 feet of the
respective unit.
. 200 cubic feet of storage space be added per unit.
In addition staff recommends:
. 15 moderate income restricted units be divided into nine moderate and 6 low income
housing units.
. Financial assistance be offered to the applicant up to difference between the
moderate and low income units (this recommendation is taken directly from Goal 'C'
of the Housing Element).
In reply to questions from Commissioner Fowler, (Commissioner Fowler was absent the last
meeting), Ms. Heffernon stated:
. The applicant did have permits to cut the trees down and the applicants will have to
mitigate the removal.
. The footprint and number of units remain unchanged.
. The senior center is still included and the 55 and older requirement is still in place.
Commissioner Arnold stated the permits to cut down the trees were issued with the
understanding that apartments would be built.
Chair Guthrie opened the hearing for public comment.
-"--~"--.- -----...---.. "'-~---_..._._- --. --- ~----~
MINUTES DRAFT PAGE 6
PLANNING COMMISSION
JUNE 1, 2004
Gary Young, applicant:
. Asked to re-address comments later that did not relate specifically to the Subdivision
Map Act or the Resolution being made.
. Re the comment "bait and switch" from Commissioner Brown at the last meeting - he
took offence to this.
. Commission Arnold had stated that he had not seen stakes at the site- he had taken
pictures of the stakes to show the Commission.
. He advised the Commission to deliver their comments carefully.
Chair Guthrie closed the hearing to public comment.
Commission Comments:
Keen:
. The additional information did not change his opinion.
Arnold:
. He also would not change his opinion, but apologized for his comment on the
stakes.
. He believed the trees were taken incorrectly and that findings could be made to
deny this project.
Fowler:
. Staff, Commission, City Council and ARC all looked at and approved the tree
removal and she did not see that this was a different issue.
. This project is going to meet a need for housing for seniors in this area.
. The applicant has followed the rules and therefore she could approve this project.
Brown:
. He stands by all his comments previously made.
. This project has gone through incremental changes.
. The trees were cut down- which is not the applicant's fault but the Commission's; the
applicant pulled permits with entitlement.
. This is now a new application and from a legal standpoint not proven based on
finding #4; he did not believe that the other aspects stated by the City for denial
apply in this issue, but he believed that the applicant did cause environmental
damage.
. Based on experience with this project he would take a much more cynical view of
proposals in the future.
. He could not support the project.
Guthrie:
. Stated that the change from apartment to condos is not a bookkeeping issue as
apartments are encouraged by the Development Code; the Commission looked at
apartments and agreed that the oak trees be removed.
. If this project came forward tOday as a condominium project, with senior center and
with 25% affordable housing I would vote for it.
. He recommended the City not pay down ownership condominiums between the low
and moderate-income units.
Chair Guthrie made a motion, seconded by Commissioner Keen, to recommend that the
City Council approve Tentative Tract Map Case No. 04-001, and strike Condition of
---~~_..-..._-- - --" _.- ------- - --.._---._----
MINUTES DRAFT PAGE 7
PLANNING COMMISSION
JUNE 1, 2004
Approval No. 20 relating to financial assistance from the City's Affordable Housing In-Lieu
Fund and adopt:
RESOLUTION 04-1926
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE RECOMMENDING THE 'CITY COUNCIL APPROVE
TENTATIVE TRACT MAP CASE NO, 04-001, LOCATED AT 579 CAMINO
MERCADO, APPLIED FOR BY CAMINO MERCADO PARTNERS
The motion was approved on the following roll call vote:
AYES: Chair Guthrie, Commissioners Keen and Fowler
NOES: Commissioners Arnold and Brown
ABSENT: None
the foregoing Resolution was adopted this 1st day of June 2004.
The Commissioner took a 10-minute break.
C, DEVELOPMENT CODE AMENDMENT & GENERAL PLAN AMENDMENT CASE
NOS, 04-001; APPLICANT - CITY OF ARROYO. GRANDE; LOCATION - 295, 279
AND 265 ALDER STREET, Staff report prepared and presented by Associate
Planner, Kelly Heffernon.
Ms. Heffernon gave an overview 'of the proposal for a change in zoning from Single Family
(SF) to Senior Residential (SR) and General Plan Amendment to eliminate the Planned
Development overlay. The applicant is proposing to remove the two existing singfe-family
residences and construct a new two-story facility to blend with the existing neighborhood.
All of the issues related to the proposal will be reviewed in more detail when the Conditional
Use Permit is processed. In conclusion, Ms. Heffernon stated that staff is recommending
that the Planning Commission approve the resolution recommending that the City Council
approve the City initiated Development Code Amendment (DCA) and General Plan
Amendment (GPA).
In answer to Commission questions staff clarified the zoning and the PD designation, gave
some history on the zoning designations and explained that the City wants to make all three
lots Senior Residential.
Chair Guthrie opened the hearing to the public.
Jo Ann Bazer Tose, 295 Alder House (owner), stated that many of the residents are local
and want to remain in the neighborhood and they (Alder House) need to expand; their'
business is a locally owned, family run, small business; they are sensitive to the concerns of
the neighbors; they have never removed any oak trees and do not intend to even with the
expansion.
--~~- -- ---~.+._---
ATTACHMENT 5
CALIFORNIA CODES CIVIL CODE SECTION 1350-1351
~ 1350. Short title
This title shall be known and may be cited as the Davis-Stirling Common Interest
Development Act.
~ 1351. DefInitions
As used in this title, the following terms have the following meanings:
(a) "Association" means a nonprofIt corporation or unincorporated association created for
the purpose of managing a common interest development.
(b) "Common area" means the entire common interest development except the separate
interests therein. The estate in the common area may be a fee, a life estate, an estate for
years, or any combination of the foregoing. However, the common area for a planned
development specifIed in paragraph (2) of subdivision (k) may consist of mutual or
reciprocal easement rights appurtenant to the separate interests.
(c) "Common interest development" means any of the following:
(1) A community apartment project.
(2) A condominium project.
(3) A planned development.
(4) A stock cooperative.
(d) "Community apartment project" means a development in which an undivided interest
in land is coupled with the right of exclusive occupancy of any apartment located
thereon.
(e) "Condominium plan" means a plan consisting of (1) a description or survey map of a
condominium project, which shall refer to or show monumentation on the ground, (2) a
three-dimensional description of a condominium project, one or more dimensions of
which may extend for an indefInite distance upwards or downwards, in sufficient detail to
identify the common areas and each separate interest, and (3) a certifIcate consenting to
the recordation of the condominium plan pursuant to this title signed and acknowledged
by the following:
(A) The record owner of fee title to that property included in the condominium
project.
(B) In the case of a condominium project which will terminate upon the
termination of an estate for years, the certifIcate shall be signed and
acknowledged by all lessors and lessees of the estate for years.
(C) In the case of a condominium project subject to a life estate, the certifIcate
shall be signed and acknowledged by all life tenants and remainder interests.
--.-.....-..- ..--.-
(D) The certificate shall also be signed and acknowledged by either the trustee or
the beneficiary of each recorded deed of trust, and the mortgagee of each recorded
mortgage encumbering the property.
Owners of mineral rights, easements, rights-of-way, and other nonpossessory interests do
not need to sign the condominium plan. Further, in the event a conversion to
condominiums of a community apartment project or stock cooperative has been approved
by the required number of owners, trustees, beneficiaries, and mortgagees pursuant to
Section 66452.10 of the Government Code, the certificate need only be signed by those
owners, trustees, beneficiaries, and mortgagees approving the conversion.
A condominium plan may be amended or revoked by a subsequently acknowledged
recorded instrument executed by all the persons whose signatures would be required
pursuant to this subdivision.
(f) A "condominium project" means a development consisting of condominiums. A
condominium consists of an undivided interest in common in a portion of real property
coupled with a separate interest in space called a unit, the boundaries of which are
described on a recorded final map, parcel map, or condominium plan in sufficient detail
to locate all boundaries thereof. The area within these boundaries may be filled with air,
earth, or water, or any combination thereof, and need not be physically attached to land
except by easements for access and, if necessary, support. The description of the unit
may refer to (1) boundaries described in the recorded final map, parcel map, or
condominium plan, (2) physical boundaries, either in existence, or to be constructed, such
as walls, floors, and ceilings of a structure or any portion thereof, (3) an entire structure
containing one or more units, or (4) any combination thereof. The portion or portions of
the real property held in undivided interest may be all of the real property, except for the
separate interests, or may include a particular three-dimensional portion thereof, the
boundaries of which are described on a recorded final map, parcel map, or condominium
plan. The area within these boundaries may be filled with air, earth, or water, or any
combination thereof, and need not be physically attached to land except by easements for
access and, if necessary, support. An individual condominium within a condominium
project may include, in addition, a separate interest in other portions of the real property.
(g) "Declarant" means the person or group of persons designated in the declaration as
declarant, or if no declarant is designated, the person or group of persons who sign the
original declaration or who succeed to special rights, preferences, or privileges
designated in the declaration as belonging to the signator of the original declaration.
(h) "Declaration" means the document, however denominated, which contains the
information required by Section 1353.
(i) "Exclusive use common area" means a portion of the common areas designated by the
declaration for the exclusive use of one or more, but fewer than all, of the owners of the
separate interests and which is or will be appurtenant to the separate interest or interests.
(I) Unless the declaration otherwise provides, any shutters, awnings, window
boxes, doorsteps, stoops, porches, balconies, patios, exterior doors, doorframes,
----------.- ----~----_.._--- ----~---
and hardware incident thereto, screens and windows or other fixtures designed to
serve a single separate interest, but located outside the boundaries of the separate
interest, are exclusive use common areas allocated exclusively to that separate
interest.
(2) Notwithstanding the provisions of the declaration, internal and external
telephone wiring designed to serve a single separate interest, but located outside
the boundaries of the separate interest, are exclusive use common areas allocated
exclusively to that separate interest.
G) "Governing documents" means the declaration and any other documents, such as
bylaws, operating rules of the association, articles of incorporation, or articles of
association, which govern the operation of the common interest development or
association.
(k) "Planned development" means a development (other than a community apartment
project, a condominium project, or a stock cooperative) having either or both of the
following features:
(1) The common area is owned either by an association or in common by the
owners of the separate interests who possess appurtenant rights to the beneficial
use and enjoyment of the common area.
(2) A power exists in the association to enforce an obligation of an owner of a
separate interest with respect to the beneficial use and enjoyment of the common
area by means of an assessment which may become a lien upon the separate
interests in accordance with Section 1367 or 1367 .1.
(1) "Separate interest" has the following meanings:
(1) In a community apartment project, "separate interest" means the exclusive
right to occupy an apartment, as specified in subdivision (d).
(2) In a condominium project, "separate interest" means an individual unit, as
specified in subdivision (t).
(3) In a planned development, "separate interest" means a separately owned lot,
parcel, area, or space.
(4) In a stock cooperative, "separate interest" means the exclusive right to occupy
a portion of the real property, as specified in subdivision (m).
Unless the declaration or condominium plan, if any exists, otherwise provides, if walls,
floors, or ceilings are designated as boundaries of a separate interest, the interior surfaces
of the perimeter walls, floors, ceilings, windows, doors, and outlets located within the
separate interest are part of the separate interest and any other portions of the walls,
floors, or ceilings are part of the common areas.
The estate in a separate interest may be a fee, a life estate, an estate for years, or any
combination of the foregoing.
---.-.-."-- -".---
(m) "Stock cooperative" means a development in which a corporation is formed or
availed of, primarily for the purpose of holding title to, either in fee simple or for a term
of years, improved real property, and all or substantially all of the shareholders of the
corporation receive a right of exclusive occupancy in a portion of the real property, title
to which is held by the corporation. The owners' interest in the corporation, whether
evidenced by a share of stock, a certificate of membership, or otherwise, shall be deemed
to be an interest in a common interest development and a real estate development for
purposes of subdivision (t) of Section 25100 of the Corporations Code.
A "stock cooperative" includes a limited equity housing cooperative which is a stock
cooperative that meets the criteria of Section 33007.5 of the Health and Safety Code.
i
i
------ -
--..-
ATTACHMENT 6
~ 51,2. Age discrimination in housing prohibited; exception; intent
. Historical Notes . Research References . Notes of Decisions
<PSGML type=jd2>(a) Section 51 shall be construed to prohibit a business establishment from
discriminating in the sale or rental of housing based upon age. Where accommodations are designed to
meet the physical and social needs of senior citizens, a business establishment may establish and
preserve that housing for senior citizens, pursuant to Section 51.3, except housing as to which Section
51.3 is preempted by the prohibition in the federal Fair Housing Amendments Act of 1988 (P.L.
100-430) and implementing regulations against discrimination on the basis of familial status. For
accommodations constructed before February 8, 1982, that meet all the criteria for senior citizen housing
specified in Section 51.3, a business establishment may establish and preserve that housing development
for senior citizens without the housing development being designed to meet physical and social needs of
senior citizens.
(b) This section is intended to clarify the holdings in Marina Point, Ltd. v. Wolfson (1982) 30 Cal. 3d 72
and O'Connor v. Village Green Owners Association (1983) 33 Cal. 3d 790.
(c) This section shall not apply to the County of Riverside.
(d) A housing development for senior citizens constructed on or after January 1,2001, shall be presumed
to be designed to meet the physical and social needs of senior citizens if it includes all of the following
elements:
(1) Entryways, walkways, and hallways in the common areas of the development, and doorways and
paths of access to and within the housing units, shall be as wide as required by current laws applicable to
'new multifamily housing construction for provision of access to persons using a standard-width
wheelchair.
(2) Walkways and hallways in the common areas of the development shall be equipped with standard
height railings or grab bars to assist persons who have difficulty with walking.
(3) Walkways and hallways in the common areas shall have lighting conditions which are of sufficient
brightness to assist persons who have difficulty seeing.
(4) Access to all common areas and housing units within the development shall be provided without use
of stairs, either by means of an elevator or sloped walking ramps.
(5) The development shall be designed to encourage social contact by providing at least one common
room and at least some common open space.
(6) Refuse collection shall be provided in a manner that requires a minimum of physical exertion by
residents.
(7) The development shall comply with all other applicable requirements for access and design imposed
by law, including, but not limited to, the Fair Housing Act (42 U.S.C. Sec. 3601 et seQ.), the Americans
with Disabilities Act (42 U.S.c. Sec. 12101 et seq.), and the regulations promulgated at Title 24 ofthe
California Code of Regulations that relate to access for persons with disabilities or handicaps. Nothing
in this section shall be "construed to limit or reduce any right or obligation applicable under those laws.
CREDIT(S)
(Added by Stats.1984, c. 787, ~ L Amended by Stats.1989, c. 501, ~ 1; Stats.1993, c. 830 (S.B.137), ~
1, eff Oct. 6, 1993; Stats.1996, c. 1147 (S.B.2097), ~ 2; Stats.1999, c. 324 (S.B.382), ~ 1; Stats.2OOO, c.
1004 (S.B.2011), ~ 2; Stats.2002, c. 726 (A.B.2787), 9 2.)
~ 51.3, Housing; age limitations; necessity for senior citizen housing
. Historical Notes . Research References . Notes of Decisions
<PSGML type=jd2>(a) The Legislature finds and declares that this section is essential to establish and
preserve specially designed accessible housing for senior citizens. There are senior citizens who need
special living environments and services, and find that there is an inadequate supply of this type of
housing in the state.
(b) For the purposes of this section, the following definitions apply:
(1) "Qualifying resident" or "senior citizen" means a person 62 years of age or older, or 55 years of age
or older in a senior citizen housing development.
(2) "Qualified permanent resident" means a person who meets both of the following requirements:
(A) Was residing with the qualifying resident or senior citizen prior to the death, hospitalization, or other
prolonged absence of, or the dissolution of marriage with, the qualifying resident or senior citizen.
(B) Was 45 years of age or older, or was a spouse, cohabitant, or person providing primary physical or
economic support to the qualifying resident or senior citizen.
(3) "Qualified permanent resident" also means a disabled person or person with a disabling illness or
injury who is a child.or grandchild of the senior citizen or a qualified permanent resident as defined in
paragraph (2) who needs to live with the senior citizen or qualified permanent resident because of the
disabling condition, illness, or injury. For purposes of this section, "disabled" means a person who has a
disability as defined in subdivision (b) of Section 54. A "disabling injury or illness" means an illness or
injury which results in a condition meeting the definition of disability set forth in subdivision (b) of
Section 54.
(A) For any person who is a qualified permanent resident under this paragraph whose disabling
condition ends, the owner, board of directors, or other governing body may require the formerly disabled
resident to cease residing in the development upon receipt of six months' written notice; provided,
however, that the owner, board of directors, or other governing body may allow the person to remain a
resident for up to one year after the disabling condition ends.
(B) The owner, board of directors, or other governing body ofthe senior citizen housing development
may take action to prohibit or terminate occupancy by a person who is a qualified permanent resident
under this paragraph if the owner, board of directors, or other governing body finds, based on credible
--
and objective evidence, that the person is likely to pose a significant threat to the health or safety of
others that cannot be ameliorated by means of a reasonable accommodation; provided, however, that the
action to prohibit or terminate the occupancy may be taken only after doing both of the following:
(i) Providing reasonable notice to and an opportunity to be heard for the disabled person whose
occupancy is being challenged, and reasonable notice to the coresident parent or grandparent of that
person.
(ii) Giving due consideration to the relevant, credible, and objective information provided in the hearing.
The evidence shall be taken and held in a confidential manner, pursuant to a closed session, by the
owner, board of directors, or other governing body in order to preserve the privacy of the affected
persons.
The affected persons shall be entitled to have present at the hearing an attorney or any other person
authorized by them to speak on their behalf or to assist them in the matter.
(4) "Senior citizen housing development" means a residential development developed, substantially
rehabilitated, or substantially renovated for, senior citizens that has at least 35 dwelling units. Any
senior citizen housing development which is required to obtain a public report under Section 11010 of
the Business and Professions Code ~d which submits its application for a public report after July 1,
2001, shall be required to have been issued a public report as a senior citizen housing development under
Section 11010.05 of the Business and Professions Code. No housing development constructed prior to
January 1, 1985, shall fail to qualify as a senior citizen housing development because it was not
originally developed or put to use for occupancy by senior citizens.
(5) "Dwelling unit" or "housing" means any residential accommodation other than a mobilehome.
(6) "Cohabitant" refers to persons who live together as husband and wife, or persons who are domestic
partners within the meaning of Section 297 of the Family Code.
(7) "Permitted health care resident" means a person hired to provide live-in, long-term, or terminal
health care to a qualifying resident, or a family member of the qualifying resident providing that care.
For the purposes of this section, the care provided by a permitted health care resident must be substantial
in nature and must provide either assistance with necessary daily activities or medical treatment, or both.
A permitted health care resident shall be entitled to continue his or her occupancy, residency, or use of
the dwelling unit as a permitted resident in the absence of the senior citizen trom the dwelling unit only
ifboth of the following are applicable:
(A) The senior citizen became absent from the dwelling due to hospitalization or other necessary
medical treatment and expects to return to his or her residence within 90 days trom the date the absence
began.
(B) The absent senior citizen or an authorized person acting for the senior citizen submits a written
request to the owner, board of directors, or governing board stating that the senior citizen desires that the
permitted health care resident be allowed to remain in order to be present when the senior citizen returns
to reside in the development.
Upon written request by the senior citizen or an authorized person acting for the senior citizen, the
owner, board of directors, or governing board shall have the discretion to allow a permitted health care
~,_._-- -'-- >- ~--~
resident to remain for a time period longer than 90 days from the date that the senior citizen's absence
began, if it appears that the senior citizen will return within a period of time not to exceed an additional
90 days.
(c) The covenants, conditions, and restrictions and other documents or written policy shall set forth the
limitations on occupancy, residency, or use on the basis of age. Any such limitation shall not be more
exclusive than to require that one person in residence in each dwelling unit may be required to be a
senior citizen and that each other resident in the same dwelling unit may be required to be a qualified
pennanent resident, a pennitted health care resident, or a person under 55 years of age whose occupancy
is permitted under subdivision (h) of this section or under subdivision (b) of Section 51.4. That
limitation may be less exclusive, but shall at least require that the persons commencing any occupancy
of a dwelling unit include a senior citizen who intends to reside in the unit as his or her primary
residence on a pennanent basis. The application of the rules set forth in this subdivision regarding
limitations on occupancy may result in less than all of the dwellings being actually occupied by a senior
citizen.
(d) The covenants, conditions, and restrictions or other documents or written policy shall pennit
temporary residency, as a guest of a senior citizen or qualified pennanent resident, by a person of less
than 55 years of age for periods of time, not less than 60 days in any year, that are specified in the
covenants, conditions, and restrictions or other documents or written policy.
(e) Upon the death or dissolution of marriage, or upon hospitalization, or other prolonged absence of the
qualifying resident, any qualified pennanent resident shall be entitled to continue his or her occupancy,
residency, or use of the dwelling unit as a pennitted resident. This subdivision shall not apply to a
pennitted health care resident.
(f) The condominium, stock cooperative, limited-equity housing cooperative, planned development, or
multiple- family residential rental property shall have been developed for, and initially been put to use as,
housing for senior citizens, or shall have been substantially rehabilitated or renovated for, and
immediately afterward put to use as, housing for senior citizens, as provided in this section; provided,
however, that no housing development constructed prior to January 1, 1985, shall fail to qualify as a
senior citizen housing development because it was not originally developed for or originally put to use
for occupancy by senior citizens.
(g) The covenants, conditions, and restrictions or other documents or written policies applicable to any
condominium, stock cooperative, limited-equity housing cooperative, planned development, or
multiple-family residential property that contained age restrictions on January 1, 1984, shall be
enforceable only to the extent pennitted by this section, notwithstanding lower age restrictions contained
in: those documents or policies.
(h) Any person who has the right to reside in, occupy, or use the housing or an unimproved lot subject to
this section on January 1, 1985, shall not be deprived ofthe right to continue that residency, occupancy,
or use as the result of the enactment of this section.
(i) The covenants, conditions, and restrictions or other documents or written policy ofthe senior citizen
housing development shall pennit the occupancy of a dwelling unit by a permitted health care resident
during any period that the person is actually providing live-in, long-term, or hospice health care to a
qualifying resident for compensation. For purposes of this subdivision, the tenn "for compensation"
shall include provisions of lodging and food in exchange for care.
(j) Notwithstanding any other provision of this section, this section shall not apply to the County of
Riverside.
CREDIT(S)
(Added by Stats.1984, c. 1333,9 1. Amended by Stats.1985, c. 1505, ~ 2; Stats.1989, c. 190,9 1;
Stats.1994, c. 464 (S.B.1560), 9 I;Stats.1995, c. 147 (S.B.332), ~ 1; Stats.1996, c. 1147 (S.B.2097), 9 3;
Stats.1999, c. 324 (S.B.382), 92; Stats.2000, c. 1004 (S.B.2011), 9 3.)
(
--~~-
A TT ACHMENT 7
NOTES
STAFF ADVISORY COMMITTEE (SAC)
MARCH 31, 2004
10:00 A,M.
STAFF ADVISORY COMMITTEE MEMBERS PRESENT: Victor Devens, Public Works; Rob Strong,
Community Development Director; Dave Crockett, Code Enforcement Officer; Kelly Heffernon, Associate
Planner; Jim Bergman, Assistant Planner; Andrea Koch, Planning Intem.
STAFF MEMBERS ABSENT: Larry Schmidt, Building; Dan Hemandez, Parks, Recreation, &
Facilities; Terry Fibich, Fire.
APPROVAL OF NOTES: Notes of March 17, 2004 approved.
ORAL COMMUNICATIONS: None.
PROJECTS:
A, TENTATIVE TRACT MAP 04-001 ; APPLICANT - CAMINO MERCADO
PARTNERS, LP; LOCATION - 579 CAMINO MERCADO, Project Planner - Kelly
Heffernon.
Descriction: Condominium Tract Map for previously approved senior apartment complex
and senior center.
Issues:
Community Development:
. On units A and C, plans show private patios but no storage, while storage is shown on
units Band D. Applicant should clarify storage locations.
. Before the project undergoes Planning Commission review, applicant needs to clarify
the relationship between units and parking. Proximity of parking and number of
spaces per unit should be defined.
Applicant responded that this will be incorporated into CC&Rs.
. CC&Rs should be reviewed by the City Attomey as soon as possible. Need to ensure
there are no more staff concems regarding private ownership of units.
. Unsure about Planning Commission's attitude regarding airspace division of an
apartment-like building.
Public Works:
. City needs to review CC&Rs for driveway and stormdrain maintenance.
Police:
. If there is no private ownership of parking, it's difficult to enforce parking restrictions
because a resident cannot claim a space as his/her own.
CDD responded that there should be at least one privately owned covered space per
unit and that the remaining parking spaces should be commonly owned.
. Concerned about whether there is adequate space for cars backing out.
_._-~---
~~:~ ~-- ~
.~
NOTES
SAC MEETING DRAFT f'AG~ 2
March 31, 2004
Conditions:
Community Development:
. Add all storage locations to plans.
. Provide at least one privately owned covered space per unit with the remaining parking
designated for common ownership. Provision of additional private spac,es cou~d .be
determined by need, with people paying extra money to the homeowners aSsociation
to obtain more spaces.
. Indicate which fifteen units will be deed-restricted to moderate-income residents.
. Clearly delineate open space on the Map and provide a document showing of what
this open space contains.
Building and Fire:
. Kelly Heffemon reported that Larry Schmidt sent a memo stating that applicant should
obtain usual building permits.
Public Works:
. Provide more detail in CC&Rs about maintenance of on-site storm drainage system
that is remaining private.
. Provide a benchmark statemenUorthe Tentative Tract Map.
. Show contours on plans, as well as existing and proposed facilities (including water,
sewer lines, storm drains, and trees).
. Submit open space agreement with Map.
. Show on Map offer of dedication for water and sewer lines, and show any other
easements or offers of dedication.
. Remove master water meter and replace it with an 8" water main. Install multiple
water meters.
. If condominium plans are approved, PW will request plans for a Tract Map.
. Pay all usual plan check fees, including map check fee.
. Provide inspection agreement and subdivision improvement agreement.
. Obtain all usual bonds (faithful performance, labor and materials, monumentation, 1-
year, etc.).
. Items requested by PW for the Tentative Tract Map need to be completed prior to
deeming application complete.
. If applicant is going to designate the common area as a separate lot, n~eds to show
this on the map.
~ction: Need input from Pa.rks, Recreation & Facilities Department and plan modifications as
discussed at t~e SA~ meeting before can deem the application complete and commit to an
agenda for project review.
B, AMENDED CONDITIONAL USE PERMIT 04-001; APPLICANT - WELLS FARGO
BANK; LOCATION 911 RANCHO PARKWAY (PHASE II OF FIVE CITIES
CENTER), Project Planner - Kelly Heffernon.
Des~riDtion: Construction of tenant improvements ~o an existing building. Use will be a full
service bank owned and operated by Wells Fargo Bank.
Issu~
1f~~t
~.~..-__L'f"-
A TT ACHMENT 8
EARL L PAULDING
-------.... -.....- ...-..-....-................"................
232 La Cresta drive
Arroyo Grande, CA 93420
Phone 481-38767
paulding3876@charter.net
May 13. 2004
Planning Commission
City of Arroyo Grande
The Seniors of this area support the Camino Mercado Project. The residential units for Seniors
are needed and will be a welcome addition to the community. The opportunity for a Senior
Center is a chance to get something important to the Seniors. We ask that you please approve
this project.
Thank you
RECt::V::::D
MAY 1 4 2004
CITY UF ARROYO GRANDE
COMMUNITY DEVELOPi,,1[NT DEPT.
I
10.a.
MEMORANDUM
TO: CITY COUNCIL
FROM: TERRY FIBICH, DIRECTOR OF BUILDING AND FIRE ~
SUBJECT: CONSIDERATION OF APPROVAL OF COOPERATIVE FIRE' SERVICES
AGREEMENT WITH THE' CITY OF GROVER BEACH
DATE: JUNE 22, 2004
RECOMMENDATION:
It is recommended that the City, Council accept and approve the Cooperative Fire
Services Agreement (Cooperative Agreement) with the City of Grover Beach, authorize
the City Manager to execute the Agreement, and appoint one member of the City Council
to serve on the Fire Oversight Committee.
FUNDING:
Through more efficient utilization of resources, this Cooperative Agreement with Grover
Beach will result in a service level increase in preparedness of the fire force and
emergency response capability with no increase in cost.
DISCUSSION:
City Council, at its meeting of May 25, 2004, approved the concept of the fire
departments of Arroyo Grande and Grover Beach both being under the leadership of the
Arroyo Grande Fire Chief, and both departments being served by the Administrative Fire
Captain to be hired by the City of Grover Beach.
Some of the operational benefits to be derived from this Cooperative Agreement are: a
single Fire Chief serving both agencies; a single Administrative/Fire Training Officer
serving both agencies; continued nurturing of a volunteer/reserve. firefighter force;
reduction of response times; access to specialized skills and equipment by both
departments; creation of pathways for future cost savings; a shared radio frequency for
full interoperability; retention of identity and local control by each City; and improvement
in the training programs of both departments under the leadership of the Administrativel
Fire Training Qfficer.
This Cooperative Agreement, if approved will be in effect initially for a period of one year
and, unless further extended or terminated, on a month-to-month basis thereafter.
As part of this Cooperative Agreement, it was recommended that an Oversight
Committee be established to address and resolve any ongoing issues involved during the
implementation period. The Oversight Committee will consist of one member from each
City Council, the City Managers of each jurisdiction, and the Fire Chief. It is requested at
this meeting that the City Council select the member that would serve on this committee.
_.~-_.- ~--_.,_.__._.- -
CITY COUNCIL
APPROVAL OF A COOPERATIVE FIRE SERVICES AGREEMENT
JUNE 22, 2004
PAGE 2
ALTERNATIVES:
The following alternatives are provided for Council's consideration:
- Accept and approve the recommended cooperative fire services agreement with
Grover Beach, and select a member of the Council to serve on the Fire Oversight
Committee;
- Modify the recommended agreement language and approve;
- Do not approve the recommended agreement;
- Provide direction to staff.
Attachments:
1. Staff Report of May 25, 2004
2. Cooperative Agreement
--~~.--_..
Attachment 1
MEMORANDUM
TO: CITY COUNCIL
FROM: TERRY FIBICH, DIRECTOR OF BUILDING AND FIRE
SUBJECT: CONSIDERATION OF A COOPERATIVE FIRE SERVICES
AGREEMENT WITH THE CITY OF GROVER BEACH AND THE
REORGANIZATION OF CODE ENFORCEMENT
DATE: MAY 25, 2004
RECOMMENDATION:
It is recommended that the City Council approve accept and conceptually
approve staff's recommendation to enter into a cooperative agreement that will
allow the sharing of the Fire Chiefs and the Administrative Captain's functions
and reorganize the Code Enforcement function into the Department of Building
and Fire;
FUNDING:
Through more efficient utilization of resources, a cooperative agreement with
Grover Beach will result in a service level increase in preparedness of the fire
force and emergency response capability with no expected increase in cost.
Moving the code enforcement function into the Department of Building and Fire
will result in the elimination of one full-time employee position, thereby saving
approximately $45,000 in FY2004-05 in the General Fund and an estimated
$62,000 annually thereafter.
DISCUSSION:
In 2000, a Town Hall Meeting was held to discuss the possibilities of joint fire
services opportunities and interests that might exist between Arroyo Grande,
Grover Beach, Pismo Beach, and Oceano. At that time, some interest existed
between several of the agencies. As a result of that meeting, the fire
departments of all the jurisdictions were directed by consensus of the governing
bodies to strive for greater commonality between the fire departments by doing
more joint training, standardizing practices and procedures, considering
opportunities for joint purchasing, and to continue to look for opportunities for any
joint services without reducing the level of service. Shortly after the meeting, one
jurisdiction (Pismo Beach) entered into a contract for service with CDF/County
Fire.
-----~--------_..._-------- ------ .__..~- --.....----"
CITY COUNCIL
CONSIDERATION OF A COOPERATIVE FIRE SERVICES AGREEMENT
WITH THE CITY OF GROVER BEACH AND THE REORGANIZATION OF
CODE ENFORCEMENT
MAY 25, 2004
PAGE 2
Since that meeting, the Division of Fire and Emergency Services in our City has
completed a staffing plan that results in a full-time strength of 3 Engineers, 3
Captains, 1 Executive Secretary, and 1 Fire Chief. These personnel are
supplemented by an authorized volunteer/reserve force of more than 30
members (See Org Chart-Attachment 1). Currently, the Division of Fire and
Emergency Services serves our community at a cost of $77 per capita.
On a 24 hour/7 day-a-week basis, a Fire Captain and Engineer are on duty in
our City, supplemented during 20 hours of the day by a third person, a Firefighter
member of our volunteer/reserve force. In addition to emergency response, our
firefighters are responsible for public education, fire safety inspections,
equipment and station maintenance, training of new personnel, drilling to
maintain their own skills and that of members of the volunteer force, participation
in outside agency training, and membership on committees and organizations
meant to serve and improve the community and the fire service. The proposed
reorganization of many of the duties presently.. being performed by the Code
Enforcement Officer, under the authority of the Director of Community
Development, will place those responsibilities within the Division of Fire and
Emergency Services.
As a result of the recent retirement of the Grover Beach Fire Chief, an interim
Fire Chief was directed by the Grover Beach City Council in January 2004 to
develop alternatives to provide fire and life safety services to the citizens of
Grover Beach. The interim Fire Chief, Doug Hamp, facilitated a discussion
between the Fire Chiefs of Oceano, Arroyo Grande, and himself to discuss the
level of interest between the agencies for some form of joint service or
cooperative agreement. As a result of that discussion, it was determined that
there was preliminary conceptual interest between Arroyo Grande and Grover
Beach to maintain local control of the Fire Departments by both of the cities,
eliminate duplication of services and functions, provide flexibility and expertise
among both staffs, and provide a more efficient use of resources. It was evident
at that time one of the departments lacks a full-time fire chief, and both agencies
are seeking a better use of limited tax dollars to more effectively respond to
increasing call demands and continued growth. After this discussion, and as a
result of Interim Chief Hamp's personal and written communication with the staff
and Board members, Oceano Community Services District showed no further
interest.
As a result of the study and recommendations given by Interim Chief Hamp to
the Grover Beach City Council (See Staff Report-Attachment 2), that Council
made a decision that a fire department structure similar to that which presently
--~-~.__..-.__.-
CITY COUNCIL
CONSIDERATION OF A COOPERATIVE FIRE SERVICES AGREEMENT
WITH THE CITY OF GROVER BEACH AND THE REORGANIZATION OF
CODE ENFORCEMENT
MAY 25, 2004
PAGE 3
exists in Arroyo Grande would be established in Grover Beach. The fire
organization existing today in Grover Beach is built exclusively around a volun-
teer/paid-cali staff, supported by a paid administrative secretary and Fire Chief
(See Org Chart-Attachment 3).
At the May 3,2004 meeting of the Grover Beach City Council, authorization was
given to fund three paid line captain positions, one paid administrative captain
position, and three paid engineer positions. Staff was directed to negotiate a
cooperative agreement with Arroyo Grande upon approval of this plan by the
Arroyo Grande City Council. Currently, a recruitment program is being
conducted for these unfilled positions (See Org Chart-Attachment 4). This newly
authorized reorganization will provide fire and emergency services to the Grover
Beach community at a cost of $56 per capita.
Upon the approval of the Arroyo Grande City Council, the proposed cooperative
agreement would still result in 2 separate and distinct fire departments, each with
their own traditional identities, uniforms, fire apparatus with distinct City logo, and
separate funding. However, the agreement would result in both of the
organizations being under the leadership of the Arroyo Grande Fire Chief, and
both organizations would be served by the Administrative Captain to be hired by
the City of Grover Beach (See Org Chart-Attachment 5).
Both departments would continue to respond to calls within their own
communities, with a boundary drop occurring that would ensure the closest fire
resource to respond to provide optimum response time. Additionally, the
resources of both departments would be available to automatically respond to
one another's communities in the likely and ever more frequent occurrence of
simultaneous emergencies. Automatic and Mutual Aid commitments that are
currently in place within the 5 Cities and the South County would continue to be
supported as they are today.
Following is an overview of some of the operational benefits to the Cities of
Arroyo Grande and Grover Beach:
A single Fire Chief serving both agencies would be able to provide daily
oversight of station readiness and review assigned work outputs such as
business inspections, code enforcement, vehicle maintenance, emergency
response, training, and other related executive management duties;
---- ------------
CITY COUNCIL
CONSIDERATION OF A COOPERATIVE FIRE SERVICES AGREEMENT
WITH THE CITY OF GROVER BEACH AND THE REORGANIZATION OF
CODE ENFORCEMENT
MAY 25, 2004
PAGE 4
A single Administrative/Fire Training Officer serving both. agencies, working
a forty-hour workweek, would be responsible for training all staff participating in
the agreement, and could perform other administrative functions. This
AdministrativelTraining Officer would be available as a "suitcase" fire captain to
replace an absent scheduled duty captain during daytime work hours. A savings
in overtime could be realized from this arrangement. As proposed by the City of
Grover Beach, this position would also provide administrative oversight and
coordination of the code enforcement program;
A Volunteer/Reserve Firefighter force would continue to be nurtured to ensure
that performance standards are maintained and that a career ladder is available
for their personal advancement. During times that volunteer/reserve personnel
are not readily available in one station (department), the Fire Chief may utilize
volunteer/reserve personnel from the other station (department). This will better
enable both cities to continue to utilize the volunteer/reserve personnel on an
effective basis, reducing the need for additional full-time staff;
Response times could be reduced to certain areas of Arroyo Grande by
responding with the closest engine company, regardless of jurisdiction;
The proposal creates a structure to provide code enforcement activities on
a more cost effective basis, including training and coordination;
Specialized equipment or personnel skills could be accessed from both
departments, also eliminating the cost of purchasing some of this equipment;
Pathways could be created for future cost savings in areas such as fire
dispatching services and community based programs such as community
preparedness and awareness programs; ,
A shared radio frequency can be utilized which provides full
i nteroperability, will enhance dispatching procedures, and will improve
firefighter safety and incident management;
Each department can retain its own identity by name;
Local control can be retained as agreed upon and as stated in the written
agreement;
The training program of both departments will be improved, and further
standardization between the departments will occur under the leadership of
the Administrative Captain, Performance standards will be used that will
---------
CITY COUNCIL
CONSIDERATION OF A COOPERATIVE FIRE SERVICES AGREEMENT
WITH THE CITY OF GROVER BEACH AND THE REORGANIZATION OF
CODE ENFORCEMENT
MAY 25, 2004
PAGE 5
ensure that the training program is effective and that the skills learned are being
practiced by the personnel of both departments
The volunteer/reserve firefighters of both organizations can be more greatly
utilized, with a higher retention rate.
As directed by the action of the Grover Beach City Council, a cooperative
agreement is to be negotiated by staff to formalize sharing of the Fire Chiefs and
Administrative Captain's services. If the City Council of Arroyo Grande approves
the cooperative agreement in concept, the staffs of both cities will be prepared to
move aheadwith the negotiation and preparation of such an agreement.
At this time, it is proposed that if the Council approves the cooperative
agreement in concept, the City make an initial commitment to enter into the
agreement for a one-year period. It is recommended that if an agreement is
pursued, an Oversight Committee be established to address and resolve any
ongoing issues involved during this implementation period, which is proposed to
consist of the City Managers from each jurisdiction, one member from each City
Council and the Fire Chief.
An additional recommendation of the proposed organizational change is to
transfer responsibility for the City's code enforcement program to the Fire
Department engine companies. Chief Hamp has proposed this concept as part
of the staffing recommendations for the Grover Beach Fire Department. Under
the proposed structure, the Administrative Captain will provide administrative
oversight and coordination for the program, including initial and ongoing training.
However, the engine companies of each jurisdiction will be responsible for
ongoing code enforcement inspections in their respective jurisdictions.
Community Development staff will continue to be responsible for inspection of
any items specifically related to follow-up of Planning Commission or ARC
actions. All other code enforcement inspections would be the responsibility of
the Fire Department staff.
While the engine company personnel are presently tasked with many
responsibilities, it is believed that they will be able to adequately maintain the
existing complaint-based program during their normal tours of duty with no
additional personnel needed. The engine companies currently perform fire
inspections and the Department of Building & Fire staff has extensive knowledge
of many of the Uniform Codes and is already involved in a number of code
enforcement actions. Training for new responsibilities will be required, but can
be incorporated into the overall expanded Fire Department training program.
----
CITY COUNCIL
CONSIDERATION OF A COOPERATIVE FIRE SERVICES AGREEMENT
WITH THE CITY OF GROVER BEACH AND THE REORGANIZATION OF
CODE ENFORCEMENT
MAY 25, 2004
PAGE 6
Therefore, with the staff devoted to this function, it is believed the change can
both result in improved effectiveness and efficiency. It will result in a significant
and recurrent cost savings to the General Fund. Unfortunately, the
recommendations will eliminate one existing filled position. However, the City
Manager has determined such savings are needed given the current impact of
the State budget actions and other City financial challenges currently being
faced.
If approved, staff will prepare the proposed agreement for City Council approval
in June 2004. Implementation would be expected to begin in July 2004.
AL TERNA TIVES:
The following alternatives are provided for Council's consideration:
- Accept and conceptually approve staffs recommendation to enter into a
cooperative agreement that will allow the sharing of the Fire Chiefs and
the Administrative Captain's functions and reorganize the Code
Enforcement function into the Department of Building and Fire;
- Direct staff to enter into a cooperative agreement that will allow the
sharing of the Fire Chiefs and the Administrative Captain's functions, but
do not reorganize the Code Enforcement function into the Department of
Building and Fire;
- Modify the recommendation and approve;
- Do not approve the changes recommended;
- Provide direction to staff.
Attachment:
1. AGFD Org Chart-Present
2. Grover Beach Staff Report of May 3, 2004
3. GBFD Org Chart-Present
4. GBFD Org Chart-Proposed
5. AGFD/GBFD Org Chart-Proposed Joint Management Agreement
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SUBJECf: ENHANCEMENT OF CURRENT FIRE AND LIFE S~TY SERVICES. . :
,; ."'-..' '.r-
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BACKGROUND'
At the City C011I!cilIIJ.eeting held on January 20, 2004, the City Council directed staff to develop
alternatives to provide fire and life safety servic~ to the citizens of Grover. Beach. The
identified alternatives included: the enhancem~t of current services p.rovided.by the Grover
Beach Fire Department, contracting sel)dces with the California Department of Forestry or
. providing services by cooperative agteetiient I consolidation with neighboring 'agencies,
DISCUSSION
. The Interim Fire Chief immediately began investigating the alternatives to provide fire and life
. safety services by meeting with the aforementioned agencies to 'determine whether there was ~
interest-in o~r."'~eC!t .!:Io..wever, durinS injtial meetings with these agencies, the following
question was' presented ''what services would Grover Beach want to contract for or what does
Grover Beach have to offer in a cooperative a~~a1:'or consolidation," It' appears that without
a viable product (i.e,. peo~~l.~agencies are lukewarm to the conce~t.
Contracting services requires taking possession of an existing program and m~agjng it.
Because Grover Beach operates its Fire Department without career staffing, the City's ability to
negotiate an inexpensive contract is very unlikely, The .contracting agency would have to
provide its own full-time staff or employ qualified G1'over Beach fire personnel. This staffing -.
equates to dollars, .
To create a cooperative agreement or consolidation, Grover Beach would be expected to provide
. a guaranteed quality response and a viable product, i,e., personnel~ equipment, etc. A
"partnership" of this type requireS Grover Beach to enhaIice ii$ current fire and life safety
services, In. order to better define what this enhancement should include, we need to define
today's fire and life safety riskS, . ..
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. Meetlng-- Date:::; May 3 2004 ,.".::. -.. ': . . ". .. . . . ...... .'. Ag. enda ItemNo .. ' :'..,,: .... .. -~:'::'::~/:~:.t.
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Staff Report: Enhancement of CUffent Fire and Life Safety Services Page 2
May 3, 2004 . .0.. . ._.
Risk is the result of what has been allowed or permitted to occur, In the early 1970's a term was
used to evaluate community fire risk potentials, "what is there to bum.~" The assessment was
generally left up to the insurance industry, In later years, Master Planning was the tool used to
evaluate risk potentials, Today, the task of making a proper assessment is even more complex.
The political process uses two types of information to perceive how serious a community's fire
and life saiety risks are: technical input and financial facts, Financial facts such as community
revenues and expenditures are used to determine. how much can be spent to address a
community's fire and life safety problems, Technical input must provide raw data, void of
emotion and bi~es.
Technical Data:
. The industrial and manufacturing areas of the City have deteriorated and detract from
spoken community values, . . ,..
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. Development of significant downwind exposures to residential land uses from the
railroad, commercial and industrial area have been allowed to. expand.
. A large number of mature structures exist within the City, moderate fire risks are
associated with these occupancies and will remain Until the structures are replaced by
new d~velopment.
. Due to redevelopment to~ard the sky and the trend to develop multi use occupancies, the
residential population, along with the day use/visitor population, will continue to increase
and new fire and life safety challenges must be addressed,
. The City is proximal-to active and potentially active earthquake faults capable of
producing strong ground motion in response to.seismic activity, Portions of the City are.
underlain by layers of unconsolidated, recent alluvial soil material increasing the risk of
experiencing the damaging effects of ground shaking.
.. New growth has been allowed or permitted without concurrent growth of fire and life
safety services.
. Call demands for fire and life safety services are at a level exhausting the current "paid-
call" firefighter staffing program, . The once volunteer, now paid-call program, has
become a second job, with "bum out" taking its toll,
Once a community becomes aware of its fire and life safety Vulnerabilities and risks, human
nature is to ask, "how and why did the City allow fire and life safety services to falter?" As your
advisor and fire chief, I believe that an appropriate answer is, the Fire Department itself. The top
fire official shoulders the responsibili~ to define what is at risk in a community so policy makers
. can make an informed decision about the appropriate level of service, The Fire Chief is the most
likely'person to be recommeJ;lding service levels during budget deliberations, However~- the Fire
Chief is not the only person to be accountable if there is a system failure, The community;'
usually through a political process, must convert the Fire Chief s r~mmendations, first into
policy, and then into dollars and cents through the budgetary process, Elected officials set the
service level in competition with other service demands. If important data related to the sizeaIid .._---
scope of the fire problem are missing, then fire and life safety services may not receiye the . ~ .,.--
prioritY it deserves in budget deliberationS, . . -. . .
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Staff Report: Enhancement of Cummt Fire and Life Safety Services Page 3
May 3, 2004
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. In researching City documents, it is obvious that fire and life safety has historically been a low
priority, This observation is substantiated within the City's previous budgetary processes, .The
Community Planning Goals within the Land Use Element of the City's General Plan reads as
follows: GOAL 5,1 - Grover Beach should be a City which chooses its own future, rather than.
allowing it to develop ~guided; and GOAL 5,2 - Grover Beach should be a City which is
proactive in the planning of facilities and services if they impact the goals and future of Grover
Beach, Hpwever, the Housing Element, adopted in December of2003, makes no mention of tire
and life safety impact mitigation,
The City has had opportuniti~ to address fire and life safety issues, but it may be that
historically the Fire Department has provided vague information, Credibility increases with facts
and degrades with opinion, Elected officials, given good information and hard data rather than
vague statements, are more likely to make good decisions.
.".
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We can make significant strides in controlling fire and life safety risk potentials at an acceptable
level for existing hazards, while concurreI1tly addressing future risk by implementing the
attached Grover Beach Fire Department Service Delivery Plan. The plan outlines two separate
a1temative~, including financial facts, for the City Council to consider for adoption this evening.
.
ALTERNATIVES
The City Council has the following alternatives to consider: - ..
.,....
1. Adopt the Resolution to authorize and implement Attachment 1 - Grover Beach
Fire Department Service Delivery Plan - Optimum Option, direct staff to .
implement the cost savings plan by negotiating a cooperative agreement to share
Fire Chief services with neighboring agencies, and implement an engine company
code enforcement program.
2, Adopt the Resolution to authorize and implement Attachment 2 - Grover Beach
Fire Department Service Delivery Plan - Minimum Option, direct staff to
implement the cost savings plan by negotiating a cooperative agreement to share
Fire Chief services with neighboring agencies, and implement an engine company
code enforcement program, .
,
3, Give staff direction, .
The Optinium Option is the most beneficial plan for the City and its citizens, This alternative
generates greater work outputs toward community safety, takes advantage of current funding and
is proactive in reducing future growth impacts, . .
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Staff Report: Enhancement of Cummt Fire and Life Safety Services Page 4
May 3, 2004. ;
RECOMMENDED ACTION -
It is recommended that the City Council approve-Alternative 1- Optimum Option and direct the
City Manager to in,clude the option in the proposed FY OS Annual Budget utilizing one-time
resources to fund the one-year trial proposal, It is further recommended that the City Council
direct staff to implement the cost savings plan by negotiating a cooperative. agreement to share
Fire Chief services with neighboring agencies, as well as to implement an engine company code
enforcement program. - -
FISCAL IMPACT
~
The fiscal impact will vary, depending on which Grover Beach Fire Department -Service Deliver
Plan is adopted, Alternative 1 - Optimum Option would have a General Fund annual net fiscal
impact of $ 145,494, Alternative 2 -MyPmum Option would have a General Fund annual net
fiscal impact of$102,510. Alternative 3 -~This option provides several alternatives for funding
the Fire Chiefs proposal, which include the following:
. Reduce expenditures in the Fire Department.
. Reduce expenditures in other General Fund operating programs.
. Rely on one-time resources during the trial period.
. Increase revenues through a special tax,
. Increase revenues through the imposition of a special assessment.
. Increase revenues through a general tax increase,
. Some combination of the above":indicated ways.
The most attractive alternatives would be the following:
1. Use one-time resources to fund the one-year trial proposal and develop an ongoing
re,,:enue source to fund an ongoing program.
2. Seek two-thirds voter approval of a Special Tax~
3, Hire an assessment engineer to develop an assessment sp~ad for a Fire Suppression
Assessment. (This option could require a majQrity approval of the voters,)
4, Hire a consultant to develop Business Tax alternatives,
5. Increase the Utility Users Tax to a 2,5 percent levy, (T!ris option could be accomplished
by a super majority vote of the City Council.)
Alternative 5 may be the most attractive approach for a long-term solution, -but since the proposal
is for a one-year trial period, Alternative 1 may b~ the most prudent short-tenn approach.
PUBLIC NOTIFICATION
The agenda was posted in accor4ance with the Brown Act.
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Attachments
- 1. Grover Beach Fire Deparbnent Service Delivery Plan - Optimum Option
2. Grover Beach Fire Deparbnent Service Delivery Plan - Minimum Option
3, Growth Management Plan -
4. . San Luis Obispo County Fire Deparbnent Salary Survey
5. Nationally Recognized Fire Deparbnent Staffing Standard Recommen~tions
6. Options to F~d the PropoSed Fire and Emergency Medical Services Program
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. . ATrACHMENT 1
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GROVER BEACH FIRE DEPARTMENT SERVICE DELIVERY PLAN
OPTIMUM OPTION .- ----.
Optimum Option Service Level:
< One qualified Training Officer (Administrative Fire Captain) 40 hours per week
< Two qualified on-duty shift personnel 24 hours a day 365 days a year.
< Fill each shift with one full-time Fire Captain and one full-time Fire Engineer
< - Supported by part-time firefighter s1affmg and continued paid-call 1 reserve fJI'efighter program
Optimum Option Service Delivery Plan Financial Facts:
.. -
ADMINISTRATIVE FIRE CAPTAIN: Total Cost of Year 1
full-time Monthly Salary for this position
".;';';'''' , ~
$3539 - $4302 567,805
FIRE CAPTAIN: "",.. Year 1 Compensation. Total Cost of Year 1
. ~
full-time Monthly Salary including Benefits for three Positions
$3539 - $4302 $73,980 $221,940
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FIRE ,ENGINEER: Annual Compensation Total Cost of Year 1
:' full-time Monthly Salary including Benefits for three Positions
$2804 ~ $3408 $60,924 $182,772
Part-time Firefighter Staffmg (260 shifts per year)..............................................................................................$58,486
Paid Call Firefighter Cost......... ............................................... ..... .............................. ................ ......... .............. 38.754'
TOTAL PROPOSED ANNUAL STAFFING COST....................... ............. ............. .......... .......... ...................... $569, 757
Service Delivery Plan Proposed Cost Savings:
Volunteer Firefighter Stipends $107,674
Provisional Fire Captain Annual Compensation (one-half time) 50,874
Provisional Fire Engineer Annual Compensation (one-~lftime) 45,786
Fire Response - extended call pay . 323
Basic Recruit Academy 3,391
Fire Chief Annual Compensation 114,167
1.5 Code Enforcement Officer Annual Co~ation 63,048
CDBG Reimbursement for CE in Redevelopment Areas . 39.000
,TQTAL POTENTIAL COST SA VINGS .....,..................................................................................,.............. <$424.236>'
. .
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OPTIMUM OPTION GENERAL FUND ~AL NET FISCAL IMP ACf ...................~:.~~S145,494
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." A1TAaiMENT 2
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GROVER BEACH Ji,'nU: DEPARTMENT SERVICE DELIVERY PLAN ' -
,. MINIMuM OPTION, ,. -
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Minimum Option Service Level:
,
< One qualified Training Officer (Administrative Fire Captain) 40 hours per week
< Two qualified on-duty shift personnel 24 hours a day 365 days a year
< Fill each shift with one full-time Fire Captain and one full-time Fire Engineer
< Supported by part-time firefighter Staffing and continued paid-call I reserve firefighter program
Minimum Option Service Delivery Plan Financial Facts:
ADMINISTRATIVE FIRE CAPTAIN: . Total Cost of Year 1
. full-time Monthly Salary for this position
$3539 - $4302 $67.805
FIRE CAPTAIN: - Year 1 Compensation Total Cost of Year 1
, ~
full-time Monthly Salary including Benefits for ~ positions
$3539 - $4302 $73.980 $221.940
FIRE ENGINEER: Year 1 Compensation Total Cost of Year 1 .
full-time Monthly Salary including Benefits for three positions
$2804 - $3408 $60,924 $182.772
Vacation and Sick Leave coverage by part-time flI'C personnel (75 shifts) ........................................................$15.502
Paid Call Firefighter Cost ...........................................:................................................. .......... ........... .............. 38.754
TOTAL PROPOSED ANNUAL STAFFING COST....... ....................................,..... ............... ........................... $526. 773
Service Delivery Plan Proposed Cost Savings:
Volunteer Firefighter Stipends $107.674
Provisional Fire Captain Annual Compensation (one-halftime) 50.874
Provisional Fire Engineer Annual Compensation (C?ne-half time) . 45.786
Fire Response - extended call pay . 323
Basic Recruit Academy, . 3,391
Fire Chief Annual Compensation 114.167
1.5 Code Enforcement Officer Annual Compensation . .. 63.048
"
CDBG Rc~burscment for ~ in Redevelopment Areas 39.000
TOTAL POTENTIAL COST SA VINGS ...............................::...........::..............................:.......................... <$424.236>
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MINIMUM OPTION GENE~ FUND ANNUAL NE!: FISCAL IMPACT ....,_.....__.._~~S102,510
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. A1TA~3
GROVERBEACB FIRE DEPARTMENT ~ROWTII MANAGEMENT PLAN
....
Back2I'ound:
In Support of the Grover Beach City Council's authorization and implementation of a service delivery
plan to provide full-time staffing of the Fire Department, a Growth Management Plan has been identified.
The int~t of the work outputs is to protect the "quality of life" of the citizens of Grover Beach and its
visitors by being proactive in our community development and protection of taxpayer dollars, These
work Qutp1lts will provide for additional public education intended to reduce the opportunities for illness.
accidents or injury within the ho~e or the workplace. The fire and life safety business inspection
program is intended to reduce the chances of fire. which may result in property loss, unemployment, loss
of buildings, and tax base.. Additional programs will be oriented toward controlling cmrent Department
expenditures and~avoiding future costs. .
Position Resnonsibility Summary:
The Fire Captain would manage many oftgday's existing programs, and assist in the development of
identified future programs in order to allcviate1he budgetary subsidization from the general taxpayers.
The Fire Captain must be a well-trained'"emergency strategist, tactician, people manager, and leader.. He
or she ;must be fiscally responsible,.have excellent people skills and live by established Department
. Values.
The Fire Engineers' duties would include: maintenance of all emergency response equipment,. driver
operator I pump operations at emergency scenes. proficiency in emergency medical operations, and assist
with other related duties. The Fire Engineer would also be trained by the Fire Captain as a relief Acting
Captain for any shift where a Fire Captain is absent. Both the I:ire Captain and Fire Engineer would be
mentors for other paid-call or reserve staff members, .
During each 24-hoUf. shift the on-duty crew would manage new and annual business inspections, conduct
City water system testing and flushing in cooperation with Public Works personnel, and be available for
additional traitiing of paid-call or reserve staff.. Other assignments would includ~ the development of
community-based emergency training programs, disaster preparedness. CPR programs, home safety
inspections and the like. The development of engine company code enforcement activities would be
incorporated into daily a~tivities in order to maximize financial efficiency while protecting our "citizens'
quality of life. "
This service plan will allow the City to keep abreast of serving today's needs while preparing for future
community growth.
.
The majority of the outlined work outputs, on the following page, have indirect revenue generating
potentials. These work outputs will be conducted, to varying levels of success, with each of the service
delivery plans presented, Although the work outputs will be completed no matter what service delivery
. plan is implemented, it is understandable that the lack of continuity within a shift may impede some
progress in; completing many of the tasks outlined. .
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OUTLINE OF SPECIFIC WORK OUTPUTS
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1. Implement a Business Fire and Life Safety Inspection Program, (Production)
. Utilize a fire and life safety self-inspection program for all small, low-risk businesses. This
program will provide adequate reductions of fire hazards by use of an affidavit signed by the
owner of the business or hislher representative. Spot inspections will be used to monitor the
. program's success,
. Conduct engine company fire and life safety inspections of all large, high-risk businesses. These
properties pose a high risk to loss of life and property.
. The objective of both of these inspection programs is to reduce the chance of: citizen injury, fire,
P!operty loss, and unemployment, which may ultimately result in loss of tax base.
2. Monitor Community Business Tax Certificates, (Revenue)
. During the business inspection process, Business Tax. Certificate numbers will be requiied on all
forms submitted to the Fire ~artment prior to completion of the inspection process, Any
business without a currentBusiness Tax. Certificate win be directed to contact the Administrative
Services Department to apply for a current certificate.
.0
3. Promote FREE Residential Fire an~ Life Safety Awareness Inspections, (production)
. These inspections will be done without any owner compliance requirements.
. Utilizing common marketing tools, the f1i:e department will advertise FREE Voluntary Residential.
Home Inspections.
. The process uses a correction sheet, using happy and sad faces for common hazards known to start
fues or cause injury. once the inspection is completed, the fU'Cfighter reviews the correction sheet
with the resident and leaves the form so th!it the corrections can be voluntarily made.
. This program will also promote the existing "Operation Smoke Detector" program that offers free
smoke detectors and batteries.
4. Assume Community Fire and Life Safety Code Enforcement Responsibilities. (productionlIndire~t
Revenue)
. Code enforcement reduces blight, encourages new business, welcomes visitors/increasing tourism
and reduces crime.
. An Engine Company's time is eligible fot CDBG reimbursement when activity js based in RDA
areas.
. Eliminates the need for a one and a half time code enforcement officer at an annual cost of
$68,520.
. The Fire Code, in partnership with the Municipal Code. provides a greater scope of authority in
obtaining code compliance,
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A1TACBMENT 3-continued
Outline of SpecifIC Work Outputs - continued
S. . Reassign the City Disaster Planning Program to the Fire Department Personnel for Plan
-; Mainte.nance and Implementation of a Training Program to Train City Staff. (Production I Cost
~'Recovcry)
. By nature, the Fire Department is an "all hazard - all risk" department, that cannot pass off its
obligation to other departments.
. . On a daily basis, the Fire Department utilizes commonly accepted ~cidcnt management
procedures and is prepared to handle escalating emergencies. This trait uniquely qualifies the
department as a good caretaker of the City's Emergency Plan and trainer of City staff in disaster
_.. response and management .
""
6. Provide Community Disaster Preparedness Program to the CitizeDS~ (Production)
. Host community-based di9as'kr a.warcness fairs that address specifically known community threat
_. potentials.
. Invite outside agencies that would assist Grover Beach 4uring such emergencies, to participate in
--- the fair by providing citizens with education materials and demonstrations.
. Citizens who are well prepared will be aware of how to survive or react during a major incident.
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7. Develop and Train City Staff and Citizens to Stand Alone During Major Emergencies. (production)
....~.-
. During a regional disaster, neighboring resources will not be available to assist Grover Beach until
their own communities are safe. -- -
. Grover Beach citizens and City staff must have an understanding of how to survive and restore
services until outside help is available.
. This plan will entail Fire Department personnel to develop a 72-hour stand-alone surVival
preparedness plan for citizens and City staff to follow in the event of a major disaster.
8. Fire Personnel will Continue to Research and Apply for Grants, (Cost Avoidance)
. During the course of reguiar duties, fire personnel will constantly look for means of funding
operations by use of grants or other alternative means.
. Any grants or alternative methods of funding that arc found rc~ting to City functions or
communi?, weUness will be forwaidcd to 'appropriate City staff for consideration.
,
.
9. Provide for City Council consideration a modified automatic fire sprinkler ordinance. (Cost
Avoidance)
. This plan would protect the tax payer from funding signification expansion of the Fire Department
. Automated life safety systems also protect our citizens and their property at a greater level ..-
,
-. ---. -- - - ---
- . --'-"'1 -- .-
.
------ --
.
A1TACBMENT 4
_.,_.. .. _, . _._. - - . .___ "0. .._ ___0___
. .
San Luis Obispo Cou~ty Fire Departments
~ . Salary Survey
$4267 - $5185 S3589 - $4362
$4216 - S5125 S3553 - $4319
S3800 - $4619 S3440 - $4182
$3648 - $4432 - $3325 -$3849
$3539 - $4302 $2408 - $3408
$4243 - $5157 $3691- $4486
. $4631 - $5883 $3450 - $4385.
$4329 - $5262 $3666 - $3730
$5195 - $6378 $3450 - $4385
$4229 - $5140 $3700 - $4495
.Firefighter position with Driver/Operator capabilities
Benefit Compensation Percentages
56%.
49,4%.
72.6% -89.6%.
f 3996.
46.5%
38% - 68%*
49% - 66%*
29,94%
56.4%.
._ . .'. 38%..... _ -.. -.-.-
. :~.__ " ., tit is hie : . lcare, Workers Compensation. -.
Retirement (*eiiiployer and emproj~epoi:Jion paid by employer,.. employee portion split), 'Metlical/DentaVLi[e
... - . ... + . .. - . - --
__ .... ...~ :"__, .....:-~'n. .'
0_ . . "._. _
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-------- -
-
.
.,
A1TACBMENT5 _ '-
, .
- - - TABLEt - -- -- .. . ----- ----~ ~- .
MINIMUM FlREFlGBTlNG PERsONNEL NEEDED ~ASED UPON LEVEL OF RIsK
Target .'
Task . Hazards High Risk Moderate Risk Low Risk
Attack Line 4 4 2 2
Search & Rescue .4 2 2
Ventilation 4 2 2
Back up LineJRapid Intervention 2 3 3 2
Pump Operator 1 1. 1 1
Water Supply 1 1 1
Utilities Support 1 1 1
ComiilandlSafety 2 2 2 1#
Forcible Entry -
Accountability I
Salvage ".. -
.
Overhaul -
Communication 1-
Chiefs Aide 1 1
Operations Section Chief 1
Administration *
'.', Logistics 1
Planning 1-
Staging 1* ---
Rehabilitation 1
'~ "Division Chiefs 2*
Evacuation 10*
Stairwelll vertical Support 10*
RelietJRapid Intervention . * * ,- -
Investigation *
Totals: 49 17 14 6
· At maximum and high risk fires additional firefighters are nftded to cover various points of attacJc as wel as providing/or
incident management.-
# Can often be handled by first-due off'"',
Source: Rochester MN Fire Department, Hunt Research Corporation and the Commission on Fire Accreditation
International and the National Fire Protection Association
.
- -
.
- ~. - . -.- - .- - . - - - - -- -
..., ".
,
. . . ~ - ..... -_..-- -
,-
---
--------'.--
.
A1TACHMENT 6
OPTIONS TO FUND THE PROPOSED.
FIRE AND EMERGENCY MEDIC~ SERVICES PROGRAM . - , -
Overview
The cha1lenge of funding an enhanced fire and emergency, medical services program may be met
in any of the following ways:
. R~uce expenditures in the Fire Department.
. Reduce expenditures in other General Fund operating ,programs.
. Rely on one-time resources during the trial period.
. Increase !evenues through a special tax,
. Increase revenues through the imposition of a special assesSment.
. Increase revenues through a general tax increase.
. Some combination of the abov~dicated ways,
, ~
Expenditure Reductions
;
The Fire Chiefhas already identified savings that would occur in the' Fire Department's budget
due to the proposed change in staffing, He also identified the s~vings that would occur in the
Police Department by having the Fire Department absorb the Code Enforcementprogram.
Other General Fund-Supported Departments .-.
. -..
Reductions in the proposed budgets of other General Fund-supported activities could be used to
fund the Fire Chiefs proposal. If Alternative 1 - Optimum Option were selected, reductions in
the operating budgets of other departments would be devastating to their ability to provide basic
public services and programs, A reduction.of$14S,OOO (which assumes the use of $39,000 in
CDBG funds) would be comparable to the elimination of the Legislative program, or over half of
the General Accounting program, or the entire City Shop - Corp Yard program, or the entire
Recreation program, or 10 percent of the Police Operations program, Another way to quantify
the problem, assuming the Optimum Option and no CDBG funding, the shortfall of$189,494
would equate to about 70 percent of the annual commitment of General Fund resources to the
Local Street Improvement Program.
.
Other reorganizations incorporated into the proposed budget would have a positive impact on the
General Fund's "bottom line," and therefore the ability to absorb the Chiefs proposal, These
laf:ter reorganizations have not yet been quantified by staff, or approved by the City Council,
They are also not likely to be sufficient to address the entire shortfall that has been identified by
the Fire Chief, .
0
,
_ _.. _n.' _ --- -- - -' _.
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---- ---- "-
.
-
,
TABLE 1
MINIMUM STANDARDS OVCOVER FOR 1080 SQUARE FOOT
DETACHED SINGLE-FAMlLyRESmENTW. OR SMALL COMMERCIAL I INDUSTRIAL FIRE
BASED ON NECESSARY FIRE GROUND TASKS
- The table.below illustrates the number ofpersonnehequired to control and ~guish a fire in a 1080 square foot
residential or commercial structure, As outlined in the table. this relatively small incident requires a significant
percentage of staff from our own Fire Department, plus additional staff from automatic and/or mutual aid agencies.
In order to receive the fourteen Firefighters and one Chief Officer required to control this fire. four three-person
companies (four engine companies. one aerial truck company and a chief officer) will need to respond.
.
Task Number of Firefightcrs CoDipany Assigned. GPM
Attack Line 2 lit Engine 180
~
S~ondary Attack Line 2 2M Engine 180.
.
Search & R.escue 2 Truck
",.
V entilationlSalvage 2 Truck
Back-Up LinelRapid Intervention 2 3"' Engine
Pump Operator 1
Water Supply 1 4111 Engine
".;
Utilities ~upport I Rescue or Truck
u Command I . Chief Officer
Safety . I Rescue or Truck
Total Personnel 15 360
. ' 24 GPM per
firefighter
\
Source: Commission .on Fire Accreditation International and Hunt Research Corporation,
National Fire Protection Association.
.
-
. . - ------
.
.-'
...
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. -
'-
---_.~--------
~
AITACBMENT 6 - continued
Shifting General F~d Expenditures to the CDBG Fund -.. .
.-. . _.~ _ ~4' _ . .. .-....
With.the proposed shift of the Code Enforcement Program to the Fire Department, it would be
appropriate for the CDBG funding allocated to address the e1imination of blight and blighting '.
influences in the Improvement Agency Areas to be utilized, ~ Substituting CDBG funding reduces
the reliat;J.ce on the ~eral Fund, while at the same time addressing the need to spend CDBG
funds on eligible activities to avoid losing future allocations for failure to implement the CDBG _
program.
.
. Revenue Increases
Use of One-Time Resources
- ~. ,.
SUfficient one-time resources are available from CDBG and General Fund Reserves to provide
gap funding of the proposal for the one-year trial period. During that period, local revenue
raising 'options could be pursued, ~d tire &.tate's fiscal crisis may be resolved,
Special Taxes
Special Taxes may be imposed to recover costs for specific services, Government Code Section
53978 provides . for the imposition of a Special Tax for Police and Fire Services, In order to -
impose such a tax, the City Council would have to adopt an ordinance setting out the 1?asis for
the special tax, the applicable uses of the proceeds, the amount of the tax, the basis for annual
adjustments in the tax, etc, The special tax ordinance would then have to .be approved by at least
two-thirds of the voters voting upon the proposition, The tax could recover all of the costs of the
both the Police and Fire Departments, or only a portion of either or both. Imposing a Special
Tax for Police and Fire Services for any amount in excess of the shortfall identified by the Fire
Chief would free up General Fund resources for any eligible activity,
For example, if the City ~ouncil wanted to enhance the availability of funding for General Fund
activities such as the Local Street Improvement Program, it could do so by imposing a voter-
approved Special Tax for Police and Fire Services.in an amount that exceeded the shortfall. The
. residual General Fund resources freed up could be used for any General Fund purpose, If the
Council intended to restrict the residual to other specific uses, it wo\lld prob.ably be advisable to
have the voters consider a Parcel Tax for the Local Street Improvep:lent Program, as well as a
Special Tax for Police and Fire Services, .
Special Taxes may not be levied on an ad valorem (property value) basis, Only Property Taxes
may'be based on property value, It is permissible to collect Special Taxes on the property tax
. bill, Since these. taxes cannot be based on property value, they must be based on some other
criteria s:uch as use, siie, number ofuriits, etc~ Many communities considering imposing special .
taxes hire a consultant to advise them about the options,
.
.
. .. ~ ~ . ... .. . ...
.' . - ...<- -
. .
---_._--
.
~
A1TACHMENT 6 - continued
Fire Suppression Assessment
Government Code Sections 50078 et seq, provide for a Fire Suppression Assessment to recover
the costs for fire ap.d emergency mf?dical services, equipment and facilities, Assessments m,ay be
based on types of property use and or risk classification, Risk classification may include the .
amount of water required. for fire suppression, the structure size, type of construction, structure
use, or other factors relating to potential fire and panic hazards, Assessments for land devoted. to
agriculture, timber or livestock must be based on the risk to the land and its products.. .
The higher level of complexity in allocating costs based on risk or use enhances the ability to
defend against legal'challenges, For this reason, many communities hire an assessment engineer
to develop the assessment spread, After developing the basis for the rates, there are noticing
requirements, a public hearing must be conducted, and if sufficient protests occur, and election
must be held, A majority protest would preclude the Council from levying an assessment.
General Taxes ".
, ~
There ~e two or three "General Taxes which could be adjusted.togenerate additional proceeds to
the General Fund. General Taxes which are used for general purposes are not subject to the two-
thirds voter approval requirement of Special Taxes. In other words increasing the rates for
General Taxes and tying the increases specifically to Fire Service enhancements could leave the .
City wlnerable to a complaint that such increases are Special Taxes requiring a two-thirds voter
approval, -.-
The following General Taxes could be adjusted to generate additional resources to offset the
shortfall: -
. Business Tax - The City's Business Tax is levied on a flat basis, It could be imposed as
a percentage of gross sales, or gross. sales within in broad categories, This would allow
this revenue to grow in proportion to business activity, It would also mean that the
revenues collected. would decrease with downturns in business activity, This kind of a
change in the levy could be adopted by the approval of at least two-thirds of the City
Council, Due to the complexity of this change, it may be appropriate to hire a consultant
to develop alternatives for Council consideration,
. Transient Occupancy Tax - The City's TOT is a 10 percent levy. This is Consistent
with the level of most of the rest of the County, It could be raised to say a 12 percent
levy, This taX only raises about $160,000 per year, so 81rincrease of one percent would
raise about $16,000 per year, . Given the City's economic development efforts, this may
not be a good target for addressing the shortfall. -
. .Utility Users T~ - The City imposes a one percent levy on electric, gas, water, ~d
telephone utilities, This local tax raises about $126,000 per year, The statewide average
for Utility :Users Taxes is over five percent. The City could increase the ~evy by l.~ ..:
percent to generate sufficient resources to fund the proposal, without relying on CDBG
.' funding: A 2,5 percent general ~ l~vY imposed for general purposes would be less than
~alf of the statewide average,
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Attachment 2
AGREEMENT FOR MANAGEMENT AND ADMINISTRATIVE SERVICES
This Agreement is made and entered into this day of 2004, by and
between the City of Arroyo Grande, a municipal corporation (hereinafter referred to as "Arroyo
Grande") and the City of Grover Beach, a municipal corporation (hereinafter referred to as
"Grover Beach").
RECITALS
WHEREAS, Arroyo Grande provides fire protection and emergency medical services (EMS) as
provided for in California Government Code ~ 38600 et seq. within the jurisdictional boundaries
of the City of Arroyo Grande, California; and
WHEREAS, Grover Beach provides fire protection and EMS as provided for in California
Government Code ~ 38600 et seq. within the jurisdictional boundaries of the City of Grover
Beach, California; and
{ ~ , ".
WHEREAS, the Fire Chief of Grover Beach has retired; and
WHEREAS, due to the proximity of Arroyo Grande to Grover Beach, mutual cost savings are
available to both agencies by sharing certain specified fire protection and EMS services; and
WHEREAS, Grover Beach desires to retain Arroyo Grande to provide management services for
its Fire Department; and
WHEREAS, Arroyo Grande desires to retain Grover Beach to provide administrative services
for its Fire Department.
NOW, THEREFORE, in consideration of the mutual covenants herein made, the Parties agree as
follows:
~-_..._--_. ---..._-- ------~._------
Management and Administrative Services Agreement Page 2
1. Purpose. This Agreement when executed by the Parties hereto shall constitute an
engagement of Arroyo Grande by Grover Beach in providing the management services of a Fire
Chief to Grover Beach for the operations of its Fire Department and an engagement of Grover
Beach by Arroyo Grande in providing the administrative services of a Training Officer to Arroyo
Grande for the training of its Fire Department.
2. Management Services. Arroyo Grande shall, at its sole cost, furnish the management
services of a Fire Chief to Grover Beach in order to operate its Fire Department. Said
management services shall include the following:
a. Under the direction and supervision of the City Manager of Grover Beach, supervise and
provide direction when needed for fire prevention and suppression activities and EMS of
Grover Beach.
b. Conf~ with Grover Beach Fire Department personnel when required to ascertain the
needs and evaluate the efficiency of the services provided by the Grover Beach Fire
Department to its citizens,
c. Attend and represent the Department and the City of Grover Beach's desires and
directives at various local and regional meetings (i.e., City Council (when required), City
Manager, schools, and County Fire Chiefs, etc.).
d. Supervise the oversight and management of personnel of the Grover Beach Fire
Department.
e. Supervise the purchasing of materials and equipment within the budgetary constraints of
Grover Beach,
f, Supervise adherence to Grover Beach's City and Department policies and procedures
(i.e" personnel rules, administrative policies, purchasing and budget policies, budget
administration, department emergency operation policies, MOU, vacation and sick leave
policies, etc.).
g. Respond to citizen complaints regarding personnel or services, requests for services, and
mqwres.
-~_.~~"----_.~-
Management and Administrative Services Agreement Page 3
h. Promote a harmonious working relationship between fire prevention and suppression
personnel of each agency while striving to uphold each Department's Mission
Statements.
1. Provide duty coverage for Grover Beach.
3. Administrative Services. Grover Beach shall, at its sole cost, furnish the administrative
services of a Training Officer to Arroyo Grande in order to train Arroyo Grande's Fire
Department. Said administrative services shall include the following:
a. Under direction of the Fire Chief, coordinate the training program for the members of the
Arroyo Grande Fire Department.
b, Prepare and oversee training program.
c, Monitor required annual training attendance records,
d, Ensure annual state and federal training mandates are met.
e. Act as Grover Beach Fire Department liaison to the Arroyo Grande Fire Department and
City Management.
4. Employees,
a. All personnel hired by Grover Beach for its Fire Department shall be employees of
Grover Beach, and shall at all times be subject to the direction, supervision, and control
of Grover Beach directly or by the Fire Chief acting on behalf of Grover Beach pursuant
to this Agreement. Grover Beach shall have the sole responsibility of paying the salaries,
payroll taxes, inCluding, but not limited to, Federal Social Security taxes, Federal and
California Employment taxes, and all other employee-related expenses, including but not
limited to Workers' Compensation Insurance and Retirement Benefits regarding the
employees of Grover Beach.
b. All personnel hired by Arroyo Grande for its Fire Department shall be employees of
Arroyo Grande, and shall at all times be subject to the direction, supervision, and control
of Arroyo Grande. Arroyo Grande shall have the sole responsibility of paying the
salaries, taxes, including, but not limited to, Federal Social Security taxes, Federal and
California Employment taxes and all other employee-related expenses, including, but not
Management and Administrative Services Agreement Page 4
limited to, Workers' Compensation Insurance and Retirement Benefits regarding the
employees of Arroyo Grande utilized by Arroyo Grande to provide the services under
this Agreement.
5, Comvliance with Applicable Statues. Ordinances and Regulations. In performing the
management services of a Fire Chief required under this Agreement, Arroyo Grande shall
comply with all applicable federal, state, and county statutes, ordinances, and regulations.
6. Insurance.
I. Arroyo Grande shall furnish and keep in full force and effect during the term of this
Agreement the following insurance:
a. Workers' Compensation Insurance or self-insurance covering workers' compensation
claims of all Arroyo Grande employees providing services on behalf of Grover Beach
pursuant to this Agreement.
b. Liability Insurance to include general liability, automotive liability, and public officials
and professional liability for any and all property claims or suits for damages arising out
of Arroyo Grande's performance under this Agreement by Arroyo Grande's elected and
appointed officials, officers, agents, representatives, subcontractors, volunteers or
employees. The policy shall provide coverage for bodily injury and property damage in
an amount not less than one million dollars ($1,000,000,00) combined single limit per
occurrence and shall name ''The City of Grover Beach" as an additional insured. No
cancellation or change of coverage shall be effective until thirty (30) days written notice'
has been given to Grover Beach and an endorsement verifying such coverage shall be
provided to Grover Beach upon execution of this Agreement by both Parties,
II. Grover Beach shall furnish and keep in full force and effect during the term of this
Agreement the following insurance:
a. Workers' Compensation Insurance or self-insurance covering workers' compensation
claims of all Grover Beach employees providing services to Arroyo Grande pursuant to
this Agreement.
.
Management and Administrative Services AgreementPage 5
b. Liability Insurance to include general liability, automotive liability, and public officials
and professional liability for any and all property claims or suits for damages arising out
of Grover Beach's perfonnance under this Agreement by Grover Beach's elected and
appointed officials, officers, agents, representatives, subcontractors, volunteers or
employees. The policy shall provide. coverage for bodily injury and property damage in
an amount not less than one million dollars ($1,000,000.00) combined single limit per
occurrence and shall name "The City of Arroyo Grande" as an additional insured. No
cancellation or change of coverage shall be effective until thirty (30) days written notice
has been given to Arroyo Grande and an endorsement verifying such coverage shall be
provided to Arroyo Grande upon execution of this Agreement by both Parties.
7. Benefit. Expectations. and Perfonnance Based Measurements, The benefits of this
Agreement for Management and Administrative Services, outlined work outputs, cost-avoidance
issues, and related service enhancements shall be monitored bi-monthly by an oversight
committee. The committee will consist of agreed upon representatives ftom each Party and may
utilize a perfonnance-based rating sheet, see Attachment "A", The Agreement for Management
and Administrative Services benefits, work outputs, cost-avoidance opportunities or service
enhancements include:
a. An infonnal reciprocal arrangement to assist the other Party without additional
compensation;
b. The opportunity to take advantage of each Party's qualified personnel;
c. The opportunity to take advantage of each Party's response areas and leading to the
reduction of response times;
d. The possibility of achieving economies of scale;
e. The possibility of eliminating duplicate services and the opportunity to share existing
programs;
f. An opportunity to better serve each community without constraints .ofboundary limits;
g. The opportunity to reflect well on community policy makers and gain community
support;
-- -..------
Management and Administrative Services Agreement Page 6
h. The improvement of citizen's demands or expectations for services, utilizing the closest
resources;
1. The possibility of cost avoidance in acquisition of new personnel and equipment;
J. The assurance of continued local control;
k. The assurance of each agency's ability to maintain its local identity;
1. The potential pathway for future cost saving programs such as: dispatching services,
vehicle'maintenance, and the like;
1. The sharing of specialized equipment and personnel for specialized services; and
m. The immediate access to neighboring resources for planned or un-planned incidents.
8. Tenn of this A2I'eement. The term of this Agreement shall commence on July 1, 2004,
and shall continue in full force and effect for a period of one (1) year. This Agreement shall
automatically renew on a month-to-month basis after the initial one (1) year period. Either Party
may terminate this Agreement upon thirty (30) days' written notice.
9, Non-assignabilitv. This Agreement shall not be assigned by either Party without first
obtaining the express written consent of the other Party.
10. Notices, Any and all notices or other communications required or pennitted by this
Agreement or by law to be served on or given to either Party shall be in writing, and shall be
deemed duly served and given when personally delivered to the Party whom directed or in lieu of
such personal service when deposited in the Untied States mail, postage pre-paid to:
a. Grover Beach
Ronald C, Anderson. Jr.. City Manager
City of Grover Beach
154 S. 8th Street
Grover Beach, CA 93433
b. AIroyo Grande
Steven Adams, City Manager
City of AIroyo Grande
214 E, Branch Street
Arroyo Grande, CA 93420
-- .....~_._- ~_..-
Management and Administrative Services Agreement Page 7
11. Mutual Indemnification.
a. Arroyo Grande agrees to and shall indemnify, defend and hold Grover Beach and its
elected and appointed officials, officers, agents, representatives, subcontractors,
volunteers or employees harmless from and against all expenses including without
limitation reasonable attorney's fees and disbursements, losses or liability, including any
liabilities, arising out of or loss alleged to have arisen out of the operations of the Arroyo
Grande Fire Department. This indemnity shall survive the expiration or tennination of
the Agreement.
b. Grover Beach agrees to and shall indemnify, defend and hold Arroyo Grande and its
elected and appointed officials, officers, agents, representatives, subcontractors,
volunteers or employees harmless from and against all expenses including without
limitation reasonable attorney's fees and disbursements, losses or liability, including any
liabilities, arising out of or loss alleged to have arisen out of the operations of the Grover
Beach Fire Department. This indemnity shall survive the expiration or termination of the
Agreement.
12. Entire Agreement. Grover Beach and Arroyo Grande agree that this Agreement
constitutes the sole and only Agreement between them representing the fire protection and EMS
management and administrative services and correctly sets forth their obligations and duties with
respect to each other.
13. Amendment. This Agreement.may be amended only by written consent of all Parties to
the Agreement.
14. No Intetpretation Against Drafting. This Agreement has been negotiated at arm's length
between the Parties hereto. Accordingly, any rule or law (including California Civil Code ~
1635 et seq.) or legal decisions that would require interpretation, or any ambiguities in the
Agreement against the Party that has drafted the applicable provision, is not applicable and is
waived. The provisions of the Agreement shall be interpreted in a reasonable manner to effect
the purpose and intent of the Parties,
Management Administrative Services Agreement Page 8
15. Execute in Counterparts. The Parties hereto agree that there shall be two originals of this
Agreement which shall be identical in all respects, including form and substance. The Parties
may execute this Agreement in two or more counterparts, which shall, in the aggregate, be
deemed an original, but all of which, together, shall constitute one and the same instrument.
16. Governing Law. This Agreement shall be construed in accordance with and governed by
the laws of the State of California.
Management Administrative Services Agreement Page 9
Executed at , California, on the date and year first appearing above.
CITY OF ARROYO GRANDE
By
Tony Ferrara, Mayor
ATTEST:
By
Kelly Wetmore
Director of Administrative Services!
Deputy City Clerk
APPROVED AS TO FORM:
By
Timothy J. Carmel
City Attorney
CITY OF GROVER BEACH
By
Dee Santos, Mayor
ATTEST:
By
Donna L. McMahon
City Clerk
APPROVED AS TO FORM:
By
Martin D. Koczanowicz
City Attorney
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MEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGE~
SUBJECT: CONSIDERATION OF CITY HALL COMPLEX NEEDS ASSESSMENT
AND FEASIBILITY STUDY
DATE: JUNE 22, 2004
RECOMMENDATION:
It is recommended the City Council: 1) approve the City Hall Complex Needs
Assessment and Feasibility Study preferred site; 2) approve the preferred architectural
approach; 3) approve the proposed funding strategy; and 4) direct staff to proceed with
the proposed implementation strategy.
FUNDING:
Fred Sweeney, with Phillips Metsch Sweeney Moore Architects, has prepared the
Needs Assessment and Feasibility Study on a volunteer basis at no cost to the City.
Preliminary potential project cost estimates have been prepared at this time for planning
purposes only. Figures may change significantly after further structural and soil studies
are completed. Please note that these are total project cost estimates, including design,
construction, construction management, permits, etc. Currently, rough estimates are as
follows:
Remodel and expansion of existing City Hall $700,000
Construction of new building $4,800,000
Landscaping, parking and site work $300.000
Total $5,800,000
Adjusted for future inflation, staff is recommending an estimated cost of $6,500,000 be
established for planning purposes. The following funding plan is recommended:
Generate additional savings to the reserve over the next 5-year period $1,100,000
Sale of existing property $850,000
Water and sewer funds $1,000,000
General Fund Debt Financing $3.550.000
Total $6,500,000
- --"---.. ---------~-_._~- _ ^---"---- ----
CITY COUNCIL
CITY HALL FACILITY NEEDS ASSESSMENT AND FEASIBILITY STUDY
JUNE 22, 2004
PAGE 2
DISCUSSION:
At the April 8, 2003 meeting, the City Council approved initiating a planning effort to
identify needs and establish a future plan for the City Hall facilities. The purpose of the
study is to agree on the City's existing and future needs and then assess the feasibility
of options to address those needs.
The agreed upon process included the following steps:
. Assess City office space and facility needs.
. Identify desired site conditions and design characteristics.
. Identify alternative sites.
. Assess feasibility of alternatives.
. Identify preferred alternatives and prepare conceptual drawings.
. Develop funding and implementation strategies.
The process also included a series of community meetings to obtain input, feedback,
participation and consensus. At the October 14, 2004 meeting, the City Council
approved eleven proposed site alternatives, which was narrowed to two alternatives at
the February 24, 2004 meeting. After input from a final public workshop, Architectural
Review Committee (ARC) and Planning Commission, the Architect is now presenting
final recommendations on the preferred site, preferred architectural approach and steps
for moving forward with the project. Attachment 1 is a list of the Architect's
recommendations. Attachment 2 is a summary of the conceptual plans prepared by the
Architect.
Staff has also prepared an implementation strategy, which includes a 5-year plan for
construction of the project. It is proposed to establish a project fund with a goal to
accumulate savings in excess of the City's reserve policy in the amount of $1.1 million
over a 5-year period. Remaining costs would be funded from a combination of the sale
of the existing Council Chambers building and property, water and sewer funds, and
issuance of debt financing.
Specific interim steps are recommended in order for the project to move ahead within
the time period established. The proposed schedule for final design and construction
steps will be contingent upon availability of necessary funding. The 5-year
implementation strategy includes the following recommended steps:
May 2005 Preparation and adoption of a General Plan amendment and
Development Code amendment designating the site for future City
Hall expansion
July 2005 'Issue RFP for consultant to establish design, size, height and
additional building criteria for directing the architectural and
engineering team to design the final project
S:\CITY MANAGER\STEVE\Council Reports\City Hall Needs Assessment 6.22.04.doc
. ----,.----.- ~--~.__... ...-- ._-~-,..-.__.._------_._.- --- -.----- -~-------
CITY COUNCIL
CITY HALL FACILITY NEEDS ASSESSMENT AND FEASIBILITY STUDY
JUNE 22, 2004
PAGE 3
September 2005 Select consultant
August 2006 Complete design, size, height and additional building criteria for
directing the architectural and engineering team to design the final
project
January 2007 Issue RFP for architect for final design
March 2007 Select architect for final design
January 2008 Completion of final drawings
March 2008 Solicit construction bids
May 2008 Award of construction bid
June 2008 Issuance of Certificates of Deposit (COP) financing
June 2009 Complete construction
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
- Approve the City Hall Complex Needs Assessment and Feasibility Study
preferred site, preferred architectural approach, proposed funding strategy, and
direct staff to proceed with the proposed implementation strategy;
- Approve alternate site and/or architectural approach, proposed funding strategy
and direct staff to proceed with implementation strategy;
- Modify timeline for implementation strategy of project, which could include
requesting staff to prepare recommendations on how to complete the project
within a shorter time period or extending the implementation strategy to seven
years and designating the new building as a "Centennial Hall" project;
- Approve site, architectural approach, and funding strategy, but do not direct staff
to proceed with any additional work until full funding is available;
- Request staff and the Architect to prepare additional analysis on existing
alternatives or select additional alternatives for consideration;
- Provide direction to staff.
Attachments:
1. Phillips Metsch Sweeney Moore City Hall Needs Assessment and Feasibility
Study Recommendations Summary
2. Phillips Metsch Sweeney Moore City Hall Needs Assessment and Feasibility
Study Conceptual Plans
S:\CITY MANAGER\STEVE\Council Reports\City Hall Needs Assessment 6.22.04.doc
-"-...- ---~
Attachment 1
City of Arroyo Grande
City Hall Site Selection Study
Recommendations
1. Site #1 is the preferred site:
. Location in the synergistic center of the Village
. City controls and owns land
. Preferred building configurations allow for enhancement of the street fabric of
the village
. Retains use of adjacent parking and park area for community use
. Ability to use existing facilities for staging during construction
. Maintains integrity of the current "city" functions as an integral partner with
the Village.
. Reinforces the importance of the community governance for the entire city.
2. Preferred architectural approach is Site #1 Version#1
3. It is recommended that the city establish a sub-committee working with a
professional consultant to establish design, size, height and additional building
criteria for directing the architectural and engineering team to design the final
project.
4. Careful consideration should be given to the extent of the final parking
configuration and the adjacent Arroyo Grande Creek park area to maximize
parking area but minimizing influence on the bank land area.
5. Retain the existing City Hall and enhance it's original architectural style to
accommodate required programmatic layouts
6. Move the current residential structure utilized by public works to another location.
7. Give careful consideration to view corridors and public access to the creek side
park area.
8. Set in motion legislative and managerial steps to develop a definitive timetable for
exploration of financing for the project and for commencing with the project
9. Develop master plan strategies for the site to address potential building growth
requirements beyond the currently plan 17,000 gross square footage based on the
2004 assessment needs study.
-.,. ----. .--.-.. --.--.'.----..- ---- J
•
Cityof Arroyo Grande METSCH
SWEENEY
City Hall Site Selection Study MOORE
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MEMORANDUM f
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TO: CITY COUNCIL
FROM: RICK TerBORCH, CHIEF OF POLlC~
SUBJECT: CONSIDERATION TO CONVERT ONE COMMUNITY SERVICES
OFFICER POSITION TO A POLICE OFFICER POSITION
DATE: JUNE 22, 2004
RECOMMENDATION:
It is recommended the City Council: 1) approve the conversion of one (1) Community
Services Officer ("CSO") position to a Police Officer position to provide DARE Officer
services; and 2) authorize the City Manager to enter into an agreement with the City of
Grover Beach to provide DARE services.
FUNDING:
The cost to convert a Community Services Officer position to a Police Officer is
approximately $21,800 per year. The Police Department's current personnel budget will
absorb this increase without any additional funding. Additionally, it is anticipated the
positioo will produce approximately $12,400 in revenue for providing DARE instructional
services to the City of Grover Beach.
DISCUSSION:
Since initiation of the DARE program by the Arroyo Grande Police Department in 1987,
DARE officer services have primarily been provided by a Community Services Officer.
However, beginning in 1996, DARE America, which provides training to and certifies
DARE officers, no longer trains and certifies non-peace officer DARE instructors. At that
time, Chief TerBorch was able to persuade DARE America to allow then CSO Cheri
Hulgan to attain DARE Officer certification and in September 1996, CSO Hulgan
graduated from the DARE Officer school. Since that time, no non-peace officer has been
certified as a DARE instructor.
Since fall 1996, CSO Hulgan has been the Police Department's full-time DARE instructor
and provided the majority of DARE programs within the City. With the recent retirement
of CSO Hulgan, it is now necessary to replace her DARE position with a Police Officer in
order to continue the highly successful DARE program in Arroyo Grande. The Police
Department is currently able to elevate one of its fully trained POST certified permanent
part-time Level I Police Reserve Officers to permanent full-time Police Officer status. As
discussed under funding, the approximate cost to convert CSO Hulgan's position to a
Police Officer position is currently $21,800 per year. Upon consultation with the Director
of Financial Services, it has been determined this increase can be accommodated within
existing funding allocated to the Department's personnel services budget.
--,_._---- .... -----~~-----_._-
CITY COUNCIL
CONSIDERATION TO CONVERT ONE COMMUNITY SERVICES OFFICER POSITION
TO A POLICE OFFICER POSITION
JUNE 22, 2004
PAGE 2
This personnel adjustment also provides an opportunity to assist the City of Grover Beach
with its DARE program. The City of Grover Beach recently lost the services of its DARE
officer and its Police Chief approached the Arroyo Grande Police Department and
inquired as to the feasibility of the Department providing DARE instructional services to
the two elementary schools within the City of Grover Beach. Department staff
determined it would be feasible to do so and the cost to provide the instructional services
would be approximately $12,472. The Grover Beach Police Department would continue
to provide all DARE instructional and related materials. The City of Grover Beach is
receptive to the offer and the two staffs are actively pursuing the initiative. However, in
order to implement the program, it will require a replacement of CSO Hulgan's DARE
position by a Police Officer. Should this program be implemented, it will: 1) provide the
City with increased revenue; and 2) would demonstrate a cooperative sharing of public
safety related services between the two Cities' Police Departments.
This position would also coordinate other Police Department Community Based
programs, such as the Commercial Crime Prevention program and the Teen Academy,
which just completed its eighth class since 1996, graduating 15 youth. There is another
significant opportunity by converting the current CSO position to a Police Officer. This
involves providing vacation relief during peak vacation periods during the summer
months. Due to the Police Department's low turnover and relatively high tenure,
Department personnel earn a high level of well-deserved vacation time. As a result,
during the peak vacation period, there are three uniformed officers on vacation at any
given point in time. The vacant positions caused by these vacations must generally be
covered by overtime coverage. In addition to being fairly expensive, the heavy use of
overtime takes it toll on the personnel who must continuously work the overtime in order
to provide the staffing level necessary to meet the Department's workload requirements
and the community's needs. This is where the new police officer position can have a
significant impact. The DARE Officer position is mainly active during the academic
school year. With the exception of the annual DARE Officer update training and the
officer's own vacation, the DARE Officer would be available for eight to ten weeks during
the 14 week prime vacation period to provide vacation relief coverage for uniform patrol
services. This would have a very positive impact on Department personnel by
significantly reducing the necessity to fill from between 28 to 35 patrol shifts through the
use of mandatory overtime. While there is potential for some monetary savings through
reduced use of overtime, the real benefit is in employee moral and personal well being by
not being required to work an excessive amount of overtime in order to meet staffing
requirements.
---_.,,~------ "- -...-----..-
CITY COUNCIL
CONSIDERATION TO CONVERT ONE COMMUNITY SERVICES OFFICER POSITION
TO A POLICE OFFICER POSITION
JUNE 22, 2004
PAGE 3
In summary, the conversion of a Community Services Officer position to Police Officer is
beneficial on several fronts. This includes maintaining our highly successful DARE
program, engaging in a meaningful partnership with the Grover Beach Police Department,
producing an additional modest revenue source, and the providing of critical patrol
coverage during peak vacation periods. This conversion can be accommodated without
the necessity of adding any additional funds to the current Police Department's budget.
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
. Approve staff's recommendation;
. Do not approve staff's recommendation; or
. Provide direction to staff.
~--- -- --.-.--....--