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Agenda Packet 2004-07-13 AGENDA elt! of AffOlO Gra1Ule CITY COUNCIL Tony M. Ferrara Sandy Lubin Thomas A. Runels Jim Dickens Joe Costello Mayor Mayor Pro Tem Council Member Council Member Council Member Steven Adams Timothy J. Cannel Kelly Wetmore City Manager City AtIomey Director, Administrative Services AGENDA SUMMARY CITY COUNCIUREDEVELOPMENT AGENCY MEETING TUESDAY, JULY 13, 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: COUNCIURDA 3. FLAG SALUTE: ARROYO GRANDE LIONS CLUB 4. INVOCATION: PASTOR PAUL JONES 5. SPECIAL PRESENTATIONS: 5.a. Presentation of Mayor's Commendation to Fred Sweeney 5.b. Presentation by Rlde-Qn TransDOrtatlon 6. AGENDA REVIEW: 6a. Move that all resolutions and ordinances presented tonight be read in title only and all further readings be waived. AGENDA SUMMARY - JULY 13, 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 whofe 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 Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action.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 listing of cash disbursements for the period June 16, 2004 through June 30, 2004. 8.b. Statement of Inyestment DeDOsIg (SNODGRASS) Recommended Action: Receive and file the report of current investment deposits as of June 30, 2004. 8.c. Consideration of Award of Contract to MAXIMUS for Mandated Cost Recoverv Services (SNODGRASS) . Recommended Action: Adopt Resolution authorizing the City Manager to enter into . a binding agreement with MAXIMUS for mandated cost recovery services. 8.d. Consideration of Aooroyal of Minutes (WETMORE) Recommended Action: Approve the minutes of the Regular City Council Meeting of June 22,2004 as submitted. 8.e. Consideration of a Resolution Establisblna P~lIcv to Waive Permit AooIlcation Fees for Certain Annual TemDOrarv Use Perm'- (STRONG) Recommended Action: Adopt Resolution modifying the policy and procedure regarding waiving permit application fees for certain annual Temporary Use Permits. 8.L 8.j. 8.k. 9. 9.a. 9.b. AGENDA SUMMARY - JULY 13,2004 PAGE 3 8. 8.f. CONSENT AGENDA (continued): Consideration of Comoensatlon Adiustment for Part-Time EmD'OY_ (ADAMS) Recommended Action: Adopt Resolution approving a 3% Cost of Living (COLA) adjustment for Part-time Employees for FY 2004-05 and a 5% COLA for Police Reserve positions. 8.g. Consideration of Comoensatlon Adjustment for Fire Volunteers and the Fire Mechanic Position (ADAMS) Recommended Action: Adopt Resolution approving a Cost of Living Adjustment (COLA) of 5% for the Fire Volunteers Stipend Program and for the Fire Mechanic part-time pay for FY 2004-05. Consideration of Annual Aareement \y1~b the San Luis OblsDO County Visitors & Conference Bureau (ADAMS) [COUNCIURDA] . Recommended Action: Authorize the Mayor to execute the annual Agreement with the San Luis Obispo County Visitors and Conference Bureau (~LOCVCB). Consideration of Annual Aareement with the Economic Vitality Corooratlon of San Luis OblsDO County (ADAMS) [COUNCIURDA] Recommended Action: Authorize the Mayor to execute the annual Agreement with the Economic Vitality Corporation of San Luis Obispo County (EVCSLOC). 8.h. Consideration of ManaGement Salarv Ran08 for the Accountlna SuDervisor Position (ADAMS) . Recommended Action: Adopt Resolution establishing the management salary range for the position of Accounting Supervisor. Consideration to AoDrove a Revised Consu'Jant S8n(ices Aa,.......t with Ten8ra Environmental to Provide Services In Conjunction with .. Annual Creek CleaninG PrOGram (SPAGNOLO) Recommended Action: 1) Approve a revised consultant services agreement with T enera Environmental for services in conjunction with the annual creek cleaning program in the amount of $13,925.00; and 2) Authorize the Mayor to execute the agreement. PUBLIC HEARIN~S: Consideration of AdoDtion of Of~lnance and Res~luti~n ~~iOg UnderGround Utilities and the Esta~lIshment of an UnderGround UlII.ftv.In-Li.~ Fee (ADAMS) Recommended Action: 1) Adopt Ordinance amending Arroyo Grande Municipal Code Section 16.68.050 regarding underground utilities; and 2) Adopt Resolution establishing an underground utility in-lieu fee. Continued PubliC( HearinG - Consideration of Tentative Tract ~ Case No. :_ 001: Condominium Tract. MaD for a Previously ADoroved ...". Sen r Aoartment ComDlex: 579 Camino Mercado: Camino Mercado Pwtners. LP (STRONG) Recommended Action: Adopt Resolution approving Tentative Tract Map 04-001. AGENDA SUMMARY - JULY 13, 2004 PAGE 4 9. PUBLIC HEARING ITEMS (continued): 9.c. Consideration of a Resolu~ion Modlfyina DeveloDment Imoact F_ for Low and Very Low Income Affordable Houslna Un" (ADAMS) Recommended Action: Adopt Resolution modifying development impact fees for low and very low-income affordable housing units. 10. CONTINUED BUSINESS: None. 11. NEW BUSINESS: 11.a. Consideration of Fiscal Year 2004-05 Budaet UDdate (SNODGRASS) [COUNCIURDA] Recommended Action: 1) Approve detailed budget adjustments and recommendations as shown in Schedule B; and 2) Approve Schedules A through D included in the Budget Update Report. 11.b. Consideration of AoDroval 9f an Aareement Wlt~ the City of Grover Beach to Provide Joint Street SweeDlna SerVIces (SPAGNOLO) Recommended Action: 1) Approve an Agreement with the City of Grover Beach to proVide street sweeping services and authorize the Mayor to execute the Agreement; 2) Authorize the solicitation of equipment bids; and 3) Authorize one additional maintenance worker position in the Public Works Department. 11.c. Consideration of East Grand Avenue fftreetsca~ Enhancement at ~rtland Street Intersection Corners. City of Arrovo Gran. proDOaall (STRONG) Recommended Action: 1) Accept the offer of dedication from Gill's Market owners for an Easement; 2) Authorize the Mayor to execute a Certificate of Acceptance and record subject to the terms and .conditions outlined, and 3) Appropriate $30,000 for City streetscape enhancements including a low screen wall, elimination of a driveway, new landscaping on the northeast comer and relocation of signal control equipment boxes on the southeast comer. 12. CITY COUNCIL ME;MBER ITEM,: The following item(s) are placed on the agenda by a Council Member who would like to receive feedback, direct staff to prepare information, and/or request a formal agenda report be prepared and the item placed on a future agenda. No formal action can be taken. a) Request to place on future agenda consideration of formal City opposition to the Gaming Revenue Act of 2004. (FERRARA) b) Request to place on future agenda consideration of formal position on Halcyon/Highway 1 Realignment Project proposed by the County of San Luis Obispo. (DICKENS) AGENDA SUMMARY - JULY 13, 2004 PAGE 5 13. CITY MANAGER ITEMS: The following item(s) are placed on the agenda by the City Manager in order to receive feedback and/or request direction from the Council. No formal action can be taken. None. 14. COUNCIL COMMUNICATIONS: Correspondence/Comments as presented by the City Council. 15. STAFF COMMUNICATIONS: Correspondence/Comments as presented by the City Manager. . 16. COMMUNITY COMMENTS AND SUGGESTIONS: This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. 17. ADJOURNMENT AAAAAAAAAAAAAAAAAAAAAAAAAA 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. AAAAAAAAAAAAAAAAAAAAAAAAA Note: This agenda was prepared and posted pursuant to Government Code Section 54954.2. www.arroyoarande.ora CITY OF ~or Outstandittg Contri&utions to the Commu1tit~ through Cooraination of the Cit~ <Ha[[ ~easi&i[it~ StucC~ atul ~ecIs ~sessment EJu[~ 13, 2004 &r on~ ~ (ferrara, ~or , I I L-__ 8.a. MEMORANDUM TO: CITY COUNCIL FROM: LYNDA SNODGRASS, DIRECTOR OF FINANCIAL SERVlCESq, BY: FRANCES R. HEAD, ACCOUNTING SUPERVISOR~ SUBJECT: CASH DISBURSEMENT RATIFICATION DATE: JULY 13, 2004 RECOMMENDATION: It is recommended the City Council ratify the attached listing of cash disbursements for the period June ~6-June 30,2004. FUNDING: There is a $1,512,618.73 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 18, 2004 Accounts Payable Check Register Attachment 3 - June 25,2004 Accounts Payable Check Register Attachment 4 - June 25, 2004 Accounts Payable Check Register Attachment 5 - June 25, Payroll Checks & Benefit Checks Register CITY OF ARROYO GRANDE CASH DISBURSEMENTS 9M de 'PWMt 01 P-e 16 7~ P-e 30, 2004 ATIACHMENTl July 13, 2004 Presented are the cash disbursements issued by the Department of Financial Services for the period June 16 to June 30, 2004. Shown are cash disbursements by week of occurrence and type of payment. June 18, 2004 Accounts Payable Cks 116128-116242 2 June 25, 2004 Accounts Payable Cks .116243-116358 Accounts Payable Cks 116374-116384 Payroll Checks and Benefit Checks Two Weeks Total 3 4 5 T:\ winword\ CITY COUNCIL FORMS\ CASH DISBURSEMENT SCHED.doc $249,994.50 $149,257.33 753,519.62 359,847.28 $1,262,624.23 $ 1.512.618.73 J CITY OF ARROYO GRANDE INDEX FOR BUDGET DEPARTMENTS EDEN COMPUTER SYSTEM GENERAL FUND (010) City Government (Fund 010) 4001 - City Council 4002 - Administrative Services 4003 - City Attorney 4101 - City Manager 4102 - Printing/Duplicilting 4120 - Financial Services 4121 - Taxes/ Insurance/ Bonds 4130 - Community Development 4131 - Community Building (CDBG) .4140 - Management Information System 4145 - Non Departmental Public Safety (Fund 010) 4201 - Police 4211 - Fire 4212 - Building &: Safety Public Works (Fund 010) 4301 - Public Works-Admin &: Engineering 4303 - Street/Bridge Maintenance 4304 - Street Ughting 4305 - Automotive Shop Parks & Recreation (Fund 010) 4420 - Parks 4421 - Recreation 4422 - General Recreation 4423 - Pre-School Program 4424 - Recreation-Special Programs 4425 - Children in Motion 4426 - Five Cities Youth Basketball 4430 - Soto Sport Complex 4213 - Government Buildings 4460 - Parkway Maintenance SPECIAL REVENUE FUNDS Park Development Fee. Fund (Fund 213) 4550 - Park Development Fee Traffic Signal Fund (Fund 222) 4501 - Traffic Fund Transportation Fund (Fund 225) 4553 - Public Transit System Construction Tax Fund (Fund 230) 4556 - Construction Tax Police Grant Funds 4201 - Law Enforcement Equip. (Fd 272) 4202 - State AB3229 Cops Grant (Fd 271) 4203 - Federal Universal Hiring (Fd 274) 4208 - Federal Local Law Enforcmt (FD 279) Redevelopment Agency ( Fund 284) 4103 - Redevelopment Administration ENTERPRISE FUNDS Sewer Fund (Fund 612) 4610 - Sewer Maintenance Water Fund (Fund 640) 4710 - Water Administration 4711 - Water Production 4712 - Water Distribution Lopez Administration (Fund 641) 4750 - Lopez Administration CAPITAL IMPROVEMENT PROGRAMS (Fund 350) 5501-5599 - Park Projects 5601-5699 - Streets Projects 5701-5799 - Drainage Projects 5801-5899 - Water/Sewer/Street Projects 5901-5999 - Water Projects Dept. 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CJ co lD .... .... .... .... .... ..... .... .... > 0 ATTACHMENT 5 200'-1-'3 CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 06/04104 - 06/17/04 06/25/04 FUND 010 FUND 220 FUND 284 FUND 612 FUND 640 323,886.30 16,034.62 921.15 5,607.43 13,397.78 359,847.28 Salaries Full time Salaries Part-Time - PPT Salaries Part-Time - TPT Salaries OverTime Salaries Standby Holiday Pay Sick Pay Annual Leave Buyback Vacation Buyback Sick Leave Buyback Vacation Pay Comp Pay Annual Leave Pay PERS Retirement Social Security PARS Retirement State Disability Ins. Deferred Compensation Health Insurance Dental Insurance Vision Insurance Life Insurance Long Term Disability Uniform Allowance Car Allowance Council Expense Employee Assistance Boot Allowance Motor Pay 174,175.67 18,774.67 7,402.51 15,367.47 390.16 21,755.37 3,979.44 6,510.18 5,181.68 5,361.35 39,561.69 18,663.98 302.34 1,192.26 725.00 33,070.81 4,056.62 900.25 . 740.78 971.43 500.00 163.62 100.00 359,847.28 MEMORANDUM TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES FRANCES R. HEAD, ACCOUNTING SUPERVISO~ STATEMENT OF INVESTMENT DEPOSITS BY: SUBJECT: DATE: JULY 13, 2004 I.b. ~ Attached please find a report listing the current investment deposits of the City of Arroyo Grande, as of June 30, 2004, as required by Government Code Section 53646 (b), CITY OF ARROYO GRANDE MONTHLY INVESTMENT REPORT /16 tJ/ p..e 30, 2004 July 13, 2004 This report presents the City's investments as of June 30, 2004. It includes all investments managed by the City, the investment institution, type of investment, maturity date, and rate of interest. As of June 30, 2004, the investment portfolio was in compliance with all State laws and the City's investment policy. Current Investments: The City is currently investing all short-term excess cash in the Local Agency Investment Fund (LAlF) administered by the State Treasurer. This is a very high quality investment in terms of safety, liquidity, and yield. The City may readily transfer the LAIF funds to the City's checking account when funds are needed. At this time, the City does not hold any other investments. The following is a comparison of investments based on book values as of June 30,2004 compared with the prior month and the prior year. Date: Amount: Interest Rate: June 2004 $12,900,000 1.44% May, 2004 13,700,000 1.43% June, 2003 14,000,000 1.70% I.c. MEMORANDUM TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVlCeq SUBJECT: CONSIDERATION OF AWARD OF CONTRACT TO MAXIMUS FOR MANDATED COST RECOVERY SERVICES DATE: JULY 13,2004 . RECOMMENDATION: It is recommended the City Council adopt a resolution authorizing the City Manager to enter into a binding agreement with MAXIMUS for mandated cost recovery services, FUNDING: Funding of $5,000 for mandated cost recovery will be accommodated within the Non- departmental budget. DISCUSSION: When the State of California mandates certain actions and procedures of local government agencies, it is. required to reimburse for costs incurred by the local agencies to comply with these mandates. The firm of MAXtMUS specializes in compiling the costs to carry out State mandates, completing required forms and documentation, and filing the actual claims on behalf of local agencies. The City of Arroyo Grande has contracted with MAXIMUS for mandated cost recovery services during the last seven years. During this seven-year period, the City has received approximately $174,000 from the State of California for mandated cost while paying MAXIMUS approximately $27,400, thus receiving a net benefit of approximately $146,600, The State of California plans to defer payment of mandated cost reimbursement during FY 2004-05 as part of the Governor's 1-0CAL Compromise Initiative. Though the City will not receive reimbursements for mandated costs during the coming fiscal year, ff the plan is approved, the State. will be obligated to begin paying submitted ctaims in FY 2006-07. Because the City must file claims during the current fiscal year in order to "get-in-line. for future payments, it is important to contract at this time with MAXIMUS. In past years, MAXIMUS offered a two part contract, one part for "Annual Fall Claims., which included business tax reporting, open ~ting law claims, and investment reporting claims. The cost to file those claims, on behalf of the City was baled on a fixed fee contract of $3,090, The second claim category "New Claims., was for new CITY COUNCIL CONSIDERATION OF AWARD OF CONTRACT TO MAXIMUS FOR MANDATED COST RECOVERY SERVICES JULY 13, 2004 PAGE 2 mandates approved by the State and claims previously funded but unpaid by the State, The cost for new claim reporting was on a contingent basis of 30% of recovered cost with a maximum fee of $3,040, Because all mandated claims are deferred to FY 2006- 07 and because the State's action defers any contingent fee for MAXIM US, the firm will not receive contingent fees. Therefore, the contract fee has increased from $3,090 to $5,000, The City incurs approximately $50,000 in mandated costs each year, Should the City not file the required forms with the State, the City will bear all costs. However, by contracting with MAXIMUS, following State procedures, and filing the necessary forms, the City has the opportunity to recover most if. not all of the costs. Therefore, staff recommends City Council approval of the contract, ALTERNATIVES: The following alternatives are presented for the City Council's consideration: _ Approve staff recommendation; _ Do not approve staff recommen~ation; _ Modify staff recommendation and approve; _ Provide direction to staff, RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARRQYO GRANDE AUTHORIZING A CONTRACT WITH MAXIMUS FOR MANDATED COST RECOVERY SERVICES WHEREAS, City of. Arroyo Grande ("City") is a duly authorized municipal corporation existing under the laws of the State of California; and WHEREAS, City desires to enter into agreements for the development, submission, and negotiation of cost claims pertaining to state mandated programs; and WHEREAS, MAXIMUS ("Corporation") has the resources, skill, and expertise to provide City with mandated cost recovery services of the highest level. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Arroyo Grande that the City Manager is hereby authorized in the name and on behalf of the City to enter into. all necessary agreements with the Corporation for mandated cost recovery services, upon such terms as deemed to be advisable to said officer. 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, ADMINISTRATIVE SERVICES DIRECTOR/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER. APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY M IMUS. HELPING GOVERNMENT SERVE THE PEOPLE- I! r< r , l. ,. t a~ of Arroyo Grande r A PROPOSAL TO PROVIDE COMPREHENSIVE STATE MANDATED COST CLAIMING SERVICES . .' ThIs proposal contains proprietary Infonnatlon. Please contact MAXIMUS before releasing any part of the proposal. @ Copyright 2004 MAXlMUS. Inc. All RIghts Reserved. I MAXIMUS HELPING GOVERNMENT SERVE THE PEOPLE- May 24, 2004 r i , Ms. Lynda Snodgrass r Director of Financial Services City of Arroyo Grande P.O. Box 550 C Arroyo Grande, CA 93421-0550 r Subject: Proposal and Renewal Agreement for S8 90 Claiming Services Dear Ms. Snodgrass: . r , MAXIMUS is pleased to submit this proposal to continue providing the City of Arroyo Grande with the most Comprehensive State Mandated Cost Claiming Services possible during the 2004-2005 fiscal year. We propose to prepare and file all annual and new or first time state mandated cost reimbursement claims for which claiming instructions are issued in the fiscal year. Our services and resources available to the City are described in this proposal. Scope of Work Already Set It is important. to remind the City of Arroyo Grande that the annual state mandated program claims to be filed in FY 04-05 are actual cost claims to reimburse current fiscal year costs, or new claims for costs incurred in several earlier fiscal years. At this point, there is virtually nothing the State can do in the final months of this fiscal year to reduce the scope of work that is required. In fact, it is more likely the scope of work will increase. This is discussed in the first section of the proposal. Governor's Mandate Payment Proposal Governor Schwarzenegger released his May Revision last week and included proposals to provide funding of the past deferred mandated cost claim payments as well as the State's future mandate obligations. The "May Revise" proposal has language that would guarantee full funding of the annual state mandated programs beginning with the state's FY 2006-2007 budget. It would also fund the payment of all deferred. mandate claims amounts in five equal annual payments beginning with the 2006-07 fiscal year. The Governors proposal is a result of an agreement negotiated with the California State Association of Counties, League of California Cities and their partners that was filed the "Local Taxpayers. and Public Safety Protection Act" constitutional initiative. That agreement will require the legislature to both adopt his FY 2004-05 budgetary proposal and to pass a constitutional amendment for the voters to consider in November, 2004. 4320 AUBURN BLVD., SUITE 2000 I SACRAMENTO, CA 958411916.485.81021916.485.0111 FAX I WWW.MAXlMU5,COM r"--; Ms. Lynda Snodgrass May 21,2004 Page 2 of2 ,...~ Change In Fee Structure and Payment Schedule During the past few years, we have been able to provide the City of Arroyo Grande with SB 90 claiming services and allow it to delay our payment until the City received monies from the State. Unfortunately, at least for the coming year, MAXIMUS cannot continue to offer that payment option and we are proposing a more traditional payment schecJule. We are however, substantially reducing our cost for the FY 2004-05. The arrangement is discussed in more detail in the professional.fee section of this proposal. rc- r f... . r-- Self-Executing Agreements To assist you in expediting the process, we have enclosed two copies of a signed agreement to provide services. If the tenns of this agreementare,acceptabJe,please sign and forward one copy to Nicole Koehler in our Sacramento office located at 4320 Aubum Blvd., Suite 2000, Sacramento, CA 9584,1. r- If you have any questions concerning this proposal or our services, please contact either Anita Worlow or myself In our Sacramento office at (916)485-8102. We want to thank you for allowing us to serve the City of Arroyo Grande and look forw~rd to continuing our relationship. s:::~=, Allan P. Burdick Vice President MAXIMUS, Inc. -- Enclosures ~ MAXIMUS TABLE OF CONTENTS r- I I ~ I I , ~()J>~ ()f~"'Ic:~.............................................................. 1 ~J>J>r()Clc:l1 ClIl(j 'I\f()rlc P1ClIl ..................................................~ MAXlMUS ~clvClIltag~.... .......... ..... ....... ... ... ... ... ... ..... ....... 7 )'()lIr ~IIV\US Stclff ........................................................~ J>r()~I()IlCll IF~............................................................. 1 1 MAXIMUS. SCOPE OF SERVICES MAXIMUS proposes to prepare and file all of the City of Arroyo Grande's eligible fiscaJ year state mandated cost reimbursement claims for which cl8imfng instructions,. issued In the 2004- 2005 fiscaJ year, This includes allamual, new or.first time cIains, and... claims that require amendment. A description of these services is contained in the remainder of this section, Annual Claims: Annual state mandated cost reimbursement claims are those existing claims that are Included in the State Controller's amual claiming Instructions to be I8sued i1 the fall of 2004, which will be due no later thanJanumy 15, 2005. These annual claims Include those claims listed in the current FY 2003-04 State Budget and .BIlY other first time cIIim8 that wi be or have been fUed for the first time during this fiscal year. There will be at Ie88t 15 n1UaI state mandated cost claims for which the: City may be eligible to claim reimbursement At 8 minimum, the annual claims eligible for filing next fiscal year include the following: r-- i. i l , ChapterlYear 77178 391188 246195 1120196 465176 999191 1249192 1568182 1171/89 1143180 644194 641186 486175 1170196 1460/89 Absentee BaUots Brendon Maguire Act D~mestic riOlence Arrest Policies & Procedures Health Benefits for Survivors of Peace Officers & Firefightn Police Officers Procedural Bill of Rights Rape Victim Counseling Center Notices Threats Against Peace OfficII'S Firefighter's Cancer Presumption Peace Officer's Cancer PresumptilH.l Regional Housing Need Oetamination Airport Land Use ConrnissiGns/Plans Open Meeting Act I Brown Act Reform Test Claims and Mandate Reimbursement Grand Jury Proceedings Administrative Ucense Suspension J r- MAXIMUS I:. , , Claims At Issue: Due to some last minute amendments, a few state mandated cost programs were suspended or made optional with the adoption of the current State Budget in August 2003. At least two of those programs are cunently being given consideration for either fun or partial ~t in the FY 2004-2005 budget. If that shouJd happen, the CIty wiD. need to makelUl'l thIt it his adequate support to claim the estimated and actual costs for thoseclafms. MAXIMUS wi ..,. the City in complying with those requirements and file either or both of these claims and 11ft oIhers that may be added to the FY 2004-2005 State Budget The two claims that are most likely to be reinstated are described below. r r0- t 752/98 -'.18 "'..... Animal Adoptien - this program, often referred to as the Hayden BII program for its author, Senator Hayden, requires cities to hotd 1llin8ll1onger, provide increased veterinary services and implement various other programs to romote the ad tion of aninals. M.....'. Law or Sex Offender. DiscI..e By Law &f...... OffIcers- due to the extremely sensitive nature of this program, ... to the Animal Adoption claim, the Legislature may reinstate this program. either before ado tin the FY 04-05 bud t or before ad'oumi the curnnt IIISion. 908/96 New or First Time Claims: MAXIMUS wiD file.claims for all new or find time programs for which claiming. instructions are issued in the 2004-2005 fIscaJ year. Every year the .. a few new or first time state mandated cost programs for which local agencies file reimbursement cMns tJIIowing the approval of test claims by the Commission on State Mandates. The CommIssion on S1ate Mandates cunenUy has more pending tests claims than anytime In.1Is history. It is ClII8nIIy COIlIiderIng test claims that were filed in or before the 2001 calendar year, and plans to consider cIIIIms fled in the 2002 calendar year during the 2004-2005 fiscal year. The chart presented below on III following page contains a list of the seventeen claims pending before.the CommIssIon that wn -.ct from 1991 through 2002 which may be approved by the CommIssIon on State. MandaIIs duriIg the 2004-2005 fiscaJ year; Once approved, the City wiD be eligible to tile multiple fiscal year claims tJr each: program, The number of fiscal years eligible to be claimed will range from a minimum of feu to over ten fiscal years, depending on which claims ant approved. 2 r-- r-:- MAXIMUS r t.., 630/78 r-: 355/01 490/00 595/99 683/95 710/01 758/Malull version 1.0 1990 684/00 777/01 901/00 Testel.... Mandltld"....... Unfeunded Complalnu Aplnat ',He Offtcen /1iI.._, If Peace Officer Plhonnel Files - this test claim includes partial reimbursement for the time of law enforcement staff to process unfounded .....ts against peace officers and also to detemin,'ifanoutside JIItY.thaUIlS a legal complaint against an officer is entitled to have access to thlt officer's ersonnel file. Public RlcordI Act - this test claim seeks r~t for the actual costs of providing copies of pubic records to the pUbfic that uceed. the amount the local a enc is limited to char e. H.patitis and Ilood 80m.. InfeCtion '............ - would provide reimbursement for the costs associated with work..' CGllp8lllltion cases that are approved due to the presumption that blood borne infections for peace officers and firefi tera are work related ilnesses. Cancer Pnnmptien II - would provide r~ f. the increased costs of peace officer and firefighter workers' cornplllSltion cases that result from the ex nsion of this cancer res tion mendate. r......rea... P....-artion - wouJd.provide reinlbursen8lt to local agencies for the peace officer and firefigltterworkers' COmplASltion ~ approved due to the res tion that tuberculosis has ariNn from werk. DistractH Driver - would provide reidursement. of a peace officers time to gather and report information to the State when inthiduals involved in an accident were distractad b various reasons. CaHfomil Rre Information lid Rlpertill Sym. fCFIIS) - would provide' reimbursement to local fire agencies for ~ with the mandates contained in the State's dated version of ita eFIRS rn.aI. Rlclll Profiling: law EntOl'.Clment rrll.... - would provide reimbursement to local agencial for fulfilling the I'8qlIirenBIt to train law enforcement in what constitutes recial ofiOn Locll Recr'ltIon AI'III: ....r..nll S......... - would provide reimbursement to local agencies for the. cost of the background screenings ra uired for ective arb and recreation 881. LOCII Government Employnllllt Relltlons (PERI) - would provide reimbursement to local. aueneial for the additional costs incurred due to, complying with the mandated PERR requirements. . 3 906100 883100 993189 1340180 POST Bllletin 1991 289100 834101 Binding Arbitration (SB 402) - would provide. reimbul'llm8nt for costs associated with the implementation and the ongoing arIitration activities mandated by Peace Officers and Firefighters bindinglrbitta'" program prior to it being ruled unconstitutional by the courts. Meningitis Pl'8tUlllptlon - would provide reimlaursennt for the additional workers' compenSation costs for peace officers who con_t meningitis arisen out of 0 ment. Fire Safety lapactlon - would provide. I'8imburaMBtt for fire safety inspections of a/l conmmitycare facilities, residential .. facilities for the elder! , and chid d care faciRties. Crime Stltlttlcs .epOI1l for. DOJ - would provide reinIbarsenwIt for the time spent by local law enforceinentgatheringand .11IpGI'ting various crime statistics to the De artmeInof Justice. Mendat.ry OJT for P... Officers W.rkiag A.... - would provide reinbursement for complying with the new POST requirlnwrt that prior to an officer being allowed to work alone, that he or she haVl a specified number of hours of on the . ob trainin . Fa'1811eparts of.P.,1Ie MitcontIuct - would provide reimbursement for the process of a complainant to fill out a form acknowftdgingthat it is a crime to make a falae r ort - whicbmust be in multi Ie tower BIlck Injury '.............n - would provide reimII_t of the additional employer cost.. from pnce officer. workers' COIIfIIIIation cases that result from lower back i . urieI based on this The Legislature is currenUy exploring ways to expedite the processing of these test claims in order to ,.tuce the backlog at the Commission and In order to limit the cost 1R1*t on the State. The Commission should approve several of these claims for filing before the end of the 2004- 2005 ~I year, 4 MAXIMUS r-< ApPROACH &... WORK PLAN . .' This section outlines MAlXMUS' general approach and work plan for the pIIpII'IIion of your City's reimbursement claims and aU other related work. Each of the key tasks Is de8cribed below, Comprehensive Mutual Planning Process:. Our consultantswillWOlt with the City of Arroyo Grande's designated staff to develop a customiDd .pIoJect plan to compIeea the 8lUaI claims, new or first-time cI8rns and, wh8I8 appJlcabJe,&ny late or amended cIIIms. W. will work with the City to update our mutually agreed upon plan . new claiming ~.... Our planning process defines the schedules, metflodoJogy, time frames, and.requiMd Information needed to support the claims, as well as the assigned roles and responsibilities of all perticipams, On-going Coordination and Communication: MAXIMUS will maintain 0fl1I0ing communication with appropriate City staff. We encourage regular communicalians between all parties to ensure there is a clear understanding of all future and current claiming opportunities that need to be completed. Direct and Indirect Program Data Collection: MAXlMUS consultantswil meet with the appropriate department representatives and gatt1erall required program data b' each state mandated program. MAXlMUS wiD aJs01denttry the administrative and support personne/ that should be included in each depai1menfs indirect cost rate proposal. Financial Data Collection: Your MAXIMUS Project Manager will work cIoseJy \Wth your City's financial staff to obtain the necessary financial data to support all claims. This supporting documentation Includes annual budgets, departmental expenditure reports, saI8y reports, cost allocation plans (when available), and invoices. Claims Preparation for City Review and Approval: MAXlMUS wi pnlf)In the eligible reimbursement claims once the necessary data is obtained from the CIty. Each clam will Include: > Completed State Controller's claim fonns. > Indirect cost rate proposal (ICRP). > Documentation supporUng the cJaIm and the ICRP, Completed claims will be submitted to the City's S8 90 Coordinator for review, approval and signature. 5 Claim Filing and Verification: Signed claims will be hand delivered to the State Controller's Office by MAXlMUS along with a DeclaratIon of Service. When 18C8iv1d, a receipt, signed by a representative of the State Controller's Office, will ~ forwarded m the City of Arroyo Grande. MAXlMUS wiD provide the CIty copies of an filed claims, ICRP's and other attachments required by the State, On-Going Management Support: After the claims are filed, MAXIMUS wiI continue to: > Communicate with the. sa 90 Coordinator to . recommend possible process improvements or modifications that would benefit the City. > Provide periodic status update on claims filed, State payments, new test claims and other related Imonnation. MAXIMUS will work with the Clty's sa 90 Coordinator and participating department staff to improve the claiming process and the defensibility of the City's claims. Desk Review and Audit Support: After the claims are filed, MAXlMUS staff wiD respond to any State Controller desk review questions or field audits. Our staff has worked will the State Controller for over twenty-five years In developing mutually agreeable solutions to Issues that may arise. Provide Management and Cost Reports:'Slnce the State has deferred the payment of most claims for the last two years, it is more Important than ever to rruintan dlfllld claim Infonnation. MAXIMUS has implemented a new database system to provide the City with Information on Its claim amounts and State payments. 6 MAXIMUS r- . . THE MAXIMUS AOVANfAGE ( : Founded in 1975, MAXlMUS is one of the nation's leading providers of rn&nagement and consulting services to state and local govemments. The sa 90 PractIce was created in 1979 to assist California locaIagencie$ to maximize their opportunities for reimbursement for the various ConstitutionaJJy state mandated local programs. Some of the advantages that MAXfMUS provides to its clients include: A National Firm With A Dedicated 58 90 Practice: MAXlMUS off8Is the City of Arroyo Grande the resoureesand stability of a large national firm along with a dedk:aIed practice speclal~ng in the fun range of sa 90 services. This combination guarantees the City wit r8C81ve the highest level of consulting expertise and support possible. Nationwide Leader in Serving Government: MAXIMUS \YOlks to fulfill lis mission of "Helping Govemment Serve the People" by providing services to every state and several thousand local agencies in the Nation. The finn currenUy employees over 5,300 empfoyees in more than 250 offices located throughout the country. MAXIMUS is a New York Stock Exchange listed company. 58 90 or State Mandate Experience: MAXlMUS has assisted IocaJ agencies in the State Mandates area since 1979. We pioneered the provision of S8 90 cost cIain fIII)Rtion and related services to Califomia local govemment. Our mandate reimbursement consuIIBnts have served over 300 cities and special districts, all of Califomia's 58 counties and nearty 200 school districts, When there is a need for assistance in the mandate area, the MAXIMUS staff are the ones that both state and local representatives can first No other Califomia finn approeches the tnedth and depth of services in the mandate cost program area. MAXlMUS is the only finn that Is involved in every step of the mandate process. This includes the identification and devek)pment of new test claims, preparation and fling of reimbursement claims, assisting.1n the desk review and field audit process, and when neceSsary preparing and defending Incorrect cost reduction claims, National Cost Accounting and Indirect Cost Experts: MAXIMUS is recognized nationany as the leader In govemmental indirect cost consulting. When the State Controller originally developed the A-87 Indkect Cost Rate ProposaJ (ICRP) fonnat and requi8ments, our finn was the only company asked to assist in the process. It is critical to flave a firm that possesses the expertise and knowledge necessary to prepare accurate and defensible ICRP's for the City. 7 MAXIMUS Statewide Relationships: MAXIMUS maintains strong ties and relationships with a variety of State agencies and local govemment associations. We maintain an open and communicative relationship with the State Controller's. Office, Commission on SIIIe Mandates, Department of Finance and other departments In\'Olved wIth.the state rnand8Ied cost Issues, The Califomla Cities sa 90 ServIce was creited by MAXlMUS to provide stawklb Information and technical assistance to cities. This sa 90 Service. places an emphasis on. assIsIilQ ciIfes In the filing of test claims for unfunded state mandated programs to the Commission on SI8Ie Mandates, The League of CalifomIa Cities endorses the sa 90 Service.MAXJMUS also provfdes sImlIar services to county government members under an exclusive contract with the CaIfomia State AssocIation of Counties. Project Experience and Longevity: The MAXlMUS team members assigned to assist the City are all experienced In preparing and suPportingSB 90 costcl8ims. It is impodant for the City to know It has the availability of aD the reSources and expertise possible, and the ftnn It works with has demonstrated Its commitment to the mandated cost claiming area. The City of Arroyo Grande can be confident that MAXIMUSwill be available to provide aD necessary assistance now and In the future. S8 90 Website: MAXIMUS maintains a mandate-reJated webslte. It contains Infonnation on claim payments, audit tracking, State mandate decisions and Interpretations, and many other features. These services aRt available to our clients, which translate Into higher local awareness and a greater understanding of the process. Test Claim & State Liaison Expertise: MAXlMUS consultants are involved with the majority of the local govemment test claims that are. prepared. We aRt Involved in the pIIpaI'ation of the actual test claim and aU written Rtsponses for the lead local agency test cfainBlt We participate In the pRtparation or review of all Parameters and Guidelines, which eventually become the basis of the State Controller's claiming instructions. In addition, the Commission on State.Mandates, State Controller, Department of Finance, Legislative Analyst end State /egistative committees on sa 90 issues routinely tum to our consultants for their Insight and expertise. This unparalleled Rtlationship with the State experts provides us with a better unde,stBnclug of the programs and accuracy of activities eligible to be claimed which Improves our abIIty to Increase the revenue recovery for the City of Arroyo Grande. 8 MAXIMUS YOUR MAXIM US STAFF The breadth and depth of your MAXIMUS SB 90 team provides the City with the most qualified and experienced consultants available to ensure the accuracy, completeness, and timeliness of all work. The lead consultant or Project Manager responsible for both completing and coordinating all possible services is Anita Worlow. Anita Wor/ow, however, is only one member of the team assisting the City, He (or she) is suPPOrted by our Practice Director, Mr, Allan Burdick; as well as, two attorneys fully dedicated to state mandate issues, several highly experienced cost accounting specialists, and a large team of other mandate personnel. The following organization chart provides an overview of the MAXIMUS team to prepare and provide any other related services you may need: :,:-~'~~'~Is~~n~~'~', ~:,',:b',..~. .tR)i~ i :,.,' J: - .Julla,,. GmuT - . " . . -',.,;.,-....-..'.....;.....-..,.......:..- - '-'.: ' -.,,(~,,:' \:~.".:c ;,;{' w~~,;::/~.,-:...-,~;:'-.!-:: _: "-~:':'/:li-.l}' The roles and responsibilities associated with the various project staff positions are discussed below. Project Management Team: Mr. Allan Burdick, a Vice President in our Sacramento office will serve as Project Director. Anita Wor/ow, a very experienced state mandated cost consultant in our Sacramento office, will serve as the City of Arroyo Grande's Project Manager. The roles of each are described below. · Project Director: Allan Burdick The_ Project Director will be responsible for ensuring the quality and timeliness of the project. Mr. Burdick has been involved in the State Mandated Cost practice since its inception over twenty-five years ago. 9 MAXIMUS · Project Manager/Lead Consultant: Anita Worlow The City of Arroyo Grande's Project Manager oversees the daily work of the project team and ensures that project implementation occurs on schedule and in accordance with all project requirements. The Project Manager also. has direct responsibIty b' coonIinating the colfectjon of all applicable data from the CIty. lie (She) has ther8SpOnllblay for regular client communications, conducting on-sfte. Interviews, and participating In the preparation of all claims, . r Legal Assistance Staff: The legal Staff is available to assist the Project Manager in reviewing any legal claiming interpretation issues and, if necessary, defending the claims during desk reviews or field audits. The two, full-time attorneys are Ms. Pamela Stone, Chief legal Counsel for our Mandated Cost Consulting Practice, and Ms. Juliana Gmur, a SenIor Mandated Cost Program attorney. Ms. Stone has served the lead attorney on state mancIaIId cost ligation that has gone all the way to the State Supreme Court Ms. Gmur recently I'8C8iYed an 8W8Id from the California Counsels" AssocIation for her work on an amicus brief in support of the ERAF test claim. Claiming Assistance Staff: To assist the project manager we have a number of experienced state mandated cost consultants. Many of these consultants have specialties in the various municipal programs or functional areas andean be called on when the complex or unique issues arise concerning the City's claims. In addition, MAXlMUS consultants are supported by a group of experienced administrative persons to. ensure the accuracy and completeness of all materials, . Indirect Cost - A-87 Specialists: The State has raised a series of new questions related to the eHglbility and claiming of indirect costs. It is more important than ever to hM the support of very senior, A-87 indirect cost speda"sts to support sa 90 consuJtanfs. The MAXlMUS sa 90 team includes two extremely experience and quaJified consultants, Mr. Manrr8d Endres and Mr, Joel No/an. Mr. Endres has been involved In preparing A-87 indirect cost prog~ for oYer 18 years and Mr. Nolan has very simDar experience, including the requirement to negotiated issues on behalf of State and local governments.with the same Federal A-87 nBl8gers responsible for advising the State of California on how to interpret A-87 questions, /0 MAXIMUS PROFESSIONAL FEES r. This section ouUines. MAXIMUS' cost and method of payment offered to the CIty of Arroyo Grande, Our cost has been reduced for the 2004-05 fiscal year due to the special financial circumstances facing the City and the change in our proposed payment arrangement COST , We propose to prepare and file all eligible annual fiscal year 2003-2004 actual cost reimbursement claims and all estimated 2004-2005 reimbursement claims for a fixed fee of five thousand dollars ($5,000.00). This Includes all professional fees and expenses, METHOD OF PAYMENT The cost of all work proposed will be billed in four equal installments: September 2004, December 2004, March 2005, and June 2005. We hope our reduced cost and more traditional payment process. will be acceptabJe to the City, If you have any questions, please contact us. MAXIMUS 4320 Auburn Boulevard, Suite 2000 Sacramento, CA 95841 (916) 485-8102 F: (916) 485-0111 /J MAXIMUS PROFESSIONAL FEES This section outlines MAXIMUS' cost and method of payment offered to the City of Atascadero. COST We propose to prepare and file all eligible annualfiscaJ year 2003-2004 actual cost reimbursement claims and all estimated 2004-2005 relmbursement.claimsforafixed. fee of five thousand dollars ($5,000.00). This includes all professional fees and expenses. METHOD OF PAYMENT The cost of all work proposed will be billed in four equal installments: September 2004, December 2004, March 2005, and June 2005, We hope our reduced cost and more traditional payment process will be acceptabJe to the City, If you have any questions, please contact us, MAXIM US 4320 Auburn Boulevard, Suite 2000 Sacramento, CA 95841 (916) 485-8102 F: (916) 485-0111 11 B.d. MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JUNE 22, 2004 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Ferrara called the Regular City Council meeting to order at 7:00 p.m, 2. ROLL CALL City Council: Council Members Dickens, Costello, Mayor Pro Tem Lubin, and Mayor Ferrara were present. Council Member Runels was absent. City Staff Present: City Manager Adams, City Attomey Carmel, Director of Administrative Services Wetmore, Director of Financial Services Snodgrass, Chief of. Police TerBorch, Director of Building and Fire Fibich, Director of Public Works Spagnolo, Community Development Director Strong, Associate Planner Heffemon, and Administrative Intern Jon Ansolabehere. 3. FLAG SALUTE Alvin Evenson, representing American Legion Post No. 136, led the Flag Salute. 4. INVOCATION Pastor Robert Banker, Open Door Church, delivered the invocation. 5. SPECIAL PRESENTATIONS Mayor Ferrara stated that he would like to adjoum this evening's Council meeting in memory of Laurence MLarry" Greene, who had passed away after a courageous battle with cancer. On behalf of the City Council and the City of Arroyo Grande, Mayor Ferrara extended deepest sympathy to Mr. Greene's wife Robin, children, and other extended family members. 6. AGENDA REVIEW 6.a. Resolutions and Ordinances Read In Title Only Council Member Costello moved, Mayor Pro Tem Lubin 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 SUGqESTIONS None, 8. CONSENT AGENDA Mayor Pro Tem Lubin moved, and Council Member Costello seconded the motion to approve Consent Agenda Items 8.a, through 8.1., with the recommended courses of action. The motion carried on the following roll-call vote: AYES: NOES: ABSENT: Lubin, Costello, Dickens, Ferrara None Runels CITY COUNCIL MINUTES JUNE 22, 2004 PAGE 2 8.a. Cash Disbursement Ratification. Action: Approved the listings of cash disbursements for the period June 1, 2004 - June 15, 2004. 8.b. Consideration of Cash Flow Analysis/Approval of Interfund Advance from the Water Facility Fund. Action: Received and filed the May 2004 cash report and approved the interfund advance from the Water Facility Fund to cover cash deficits in other funds as of May 31, 2004. 8.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Special. City Council Meeting and the Regular City CounciVRedevelopment Agency Meeting of May 25, 2004 and the Speciaf City Council Meeting and Regular City CounciVRedevelopment Agency Meeting of June 8, 2004 as submitted. 8.d. Consideration of Appointment to Downtown Parking Advisory Board. Action: Approved the appointment of Greg Moore to the Downtown Parking Advisory Board as recommended by Mayor Ferrara. 8.e. Consideration of Elimination of Full-Time Code Enforcement 0Iftcer Position and Creation of Part-Time Neighborhood ServlcesCoordlnatorPoeltlon. Action: Adopted Resolution No. 3754 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.f. Consideration of Resolutions Relating to the 2004 General Municipal Election. Action: 1) Adopted Resoluti~n No. 3755 calling and gMng notice of a General.Municipal Election to be held in the City on Tuesday, November 2,2004, for the eJection of certain officers of the City; and 2) Adopt Resolution No. 3756 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 Disposal of Surplus 8lcycles. Action: Adopted Resolution No. 3758 declaring bicycles as surplus for donation to t~e San Luis Obispo County Sheriff's Offices to be refurbished and donated to needy children. 8.h. Consideration of Salary Adjustments for Management Employees. Action: Adopted Resolution No. 3757 approving salary adjustments for management. employees for Fiscal Year 2004-05. 8.1. Conslderatlo{l to Approve a Consultant Services Agreement to Provide Services In Conjunction with the Annual Creek Cleaning Program. Action: 1) 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 2) Authorized the Mayor to execute the Agreement. 8.J. . Consideration of AuthorIZation to Solicit Bids for the Valley Gardens Paving Project, Project No. PW 2004-04. Action: 1) Authorized the Public Works Department to solicit public construction bids for the Valley Gardens Paving Project, PN 2004-04; 2) Found that the project is categorically exempt from CEQA pursuant to Section 15301 (c); and 3) Directed the Director of Administrative Services to file a Notice of Exemption. CITY COUNCIL MINUTES JUNE 22, 2004 PAGE 3 8. CONSENT AGENDA (continued): 8.k. Consideration of Authorization to Solicit Bids for the Annual Pavement Management Program, PW 2004-06. Action: 1 ) Authorized the solicitation of construction bids for the annual Pavement Management Program; 2) Found that the project is categorically exempt from CECA pursuant to Section 15301(c); and 3) Directed the Director of Administrative Services to file a Notice of Exemption. 8.1. Consideration to Approve Final Parcel Map AG 01-139; Subdividing Two (2) Parcels Into Four (4) Residential Parcels at 1260 .and 1270 Poplar Street. Action: Approved 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 Amending Arroyo Grande Municipal Code Section 16.68.050 Regarding Underground Utilities and the EstabUshment of an Underground Utility In-Lieu Fee. . Administrative Intem Jon Ansolabehere presented the staff report and stated the Planning Commission recommended 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. Mayor Ferrara opened the public hearing, and upon hearing no comments, he closed the publiC hearing. Council comments ensued in support of the proposed Ordinance. Council Member Dickens and Mayor Ferrara suggested that staff develop and generate a list of priorities for underground utility projects within the City. . Mayor ProTem Lubin moved to introduce an Ordinance as follows: "~ORDiNANCE OF THE CITY COUNCIL OF THE CITY ,OF ARROYO GRANDE AMENDING ARROYO GRANDE MUNICIPAL CODE SECITON 18.I8~050ftEGARDlNG UNDERGROUND utII..ITII!S AND THE ESTABLISHMENT OF AN UNDERGROUND U"nLITY IN LIEU FEE". Council Member Dickens seconded the motion, and on the following roll-call vote: AYES: NOES: ABSENT: Lubin, Dickens, Costello, Ferrara None Runels There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 9.b. Consideration of General Plan Amendment 04-001 to eliminate the Planned Development Overlay, and Development Code Amendment 04-001 to Change to Zoning from Single Family Residential (SF) to. Senior Residential (SR) for Property Located at 295, 279, and 265 Alder Street. CITY COUNCIL MINUTES . JUNE 22, 2004 PAGE 4 Community Development Director Strong recommended the Council. open the public hearing, and then continue the item until such time that the applicant has submitted a complete set. of all necessary land use applications to allow Council consideration. of the proposed project. Associate Planner Heffernon presented the staff report and explained that continuance was being requested due to significant concems expressed by the neighborhood relating to parking, mass and scale of the proposed buildings. .. Mayor Ferrara opened the public hearing. Joann Bazer, applicant and owner of Alder House, presented an overview of the existing assisted living facility and their need for additional space to accommodate a growing senior community. Kendra Joraenson, Alder Street, spoke in opposition to the scale of the proposed project, She expressed concerns with traffic, parking, and pedestrian safety issues; commented that the existing facility was not currently at capacity; stated a desire to work proactlvely with the owners; urged a postponement of the proposed zoning change; and submitted a petition that had been signed by approximately 54 neighbors.opposing the project (on file). Dan Holland, Alder Street, spoke in opposition to the proposed second story development. Upon hearing no further public comments, Mayor Ferrara closed the public hearing. Council Member Costello agreed to continue the item in order to evaluate the entire project. Council Member Dickens encouraged the residents to stay involved with the process. He supported some sort of expansion of senior housing and commented that the General Plan Amendment was necessary to make the zoning consistent with the General Plan. He supported staff's recommendation to continue the item. Mayor Pro Tem Lubin acknowledged that Alder House has been a good neighbor and encouraged the applicant to work with all affected parties to come up with a project. He supported staff's recommendation to continue the item. . Mayor Ferrara commented that size, scale, and intensity of use has to be considered on all development projects. He supported staff's recommendation to continue the item. Mayor Pro Tem Lubin moved, and Council Member Costello seconded the motion to continue the item to a date uncertain. Following brief discussion regarding the processing of the General Plan Amendment, the motion carried on the following roll-call vote: AYES: NOES: ABSENT: Lubin, Costello, Dickens, Ferrara None Runels There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed, 9.c. Consideration of Tentative Tract Map Case No. 04-001; Condominium Tract Map for a Previously Approved 60-Unlt Senior Apartment Complex; 579 Camino Mercado; Camino Mercado Partners, LP. CITY COUNCIL MINUTES JUNE 22, 2004 PAGE 5 Community Development Director Strong announced that due to health reasons,~ the applicant had requested a continuance of this item to the next regular City Council Meeting. Council Member Costello moved to continue this item to the next Regular City Council Meeting of July 13, 2004. Council Member Dickens seconded the motion, and on the following roll-call vote: AYES: NOES: ABSENT: Costello, Dickens, Lubin, Ferrara None Runels There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed, 10. CONTINUED BUSINESS 10.a. Consideration of Approval of Cooperative Fire Services Agreement with the City of Grover Beach. Director of Building and Fire Fibich presented the staff report and recommended the Council: 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. In response to a question by Mayor Pro Tem Lubin regarding the Grover Beach recruitment process for the full-time positions, Director Fibich explained that he participated on the Board for final interviews of the candidates. Mayor Ferrara opened the item for public comment, and hearing none, he closed the public comment period. Council Member Costello expressed interest in serving.on the Oversight Committee. Council Member Costello moved to accept and approve the Cooperative Fire Services Agreement with the City of Grover Beach; authorize the City Manager to execute the Agreement; and appoint himself as the member .of the City Council to serve on the Implementation Committee. May.or Pro Tem Lubin seconded the motion. City Attomey Carmel reoommended the Council add the. words "or self-insurance" in Section 6. J.b. and 6. lI.b. of the Agreement conceming Insurance. Council Member Costello agreed to amend his motion to include the additional language as proposed, Mayor Pro Tem Lubin seconded the amended motion, and on the following roll-call vote: AYES: NOES: ABSENT: Costello, Lubin, Dickens, Ferrara None Runels There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. CITY COUNCIL MINUTES JUNE 22, 2004 PAGE 6 10.b. Consideration of City Hall Complex Needs Assessment and Feasibility-Study. City Manager Adams introduced Fred Sweeney, who presented the City Hall Site Selection Study and recommendations. City Manager Adams gave an overview of the proposed funding plan, and emphasized that this was a conceptual, initial strategy only in an effort to work toward implementation of the project. He then gave an overview of the Implementation Plan Schedule. Mayor Ferrara opened the item for public comment. Steve Ross, Arroyo. Grande, stated that this process has been informative. He stated that the Council should consider leasing the Chamber property instead of selling it. He commented that the whole pfan is great and he would like to see it complete by 2009. Chuck Fellows, Architectural Review Committee member and Chairman of Preserve the Village (PTV). referred to 300 survey letters sent to the members of.PTV.. He stated that he had received approximately 70 responses and those results were presented to the Planning Commission. He urged the City to restore the existing City Hall and remodel the Council Chambers. He commented that Site 1, Version 4 was more favorable and. questioned how the preferred altemative was chosen. Upon hearing no further public comments, Mayor Ferrara closed the public comment period. Council Member Dickens referred to the funding plan and commented that he would favor the idea of a conceptual development plan to enhance the value of the Council Chambers building prior to sale. He stated he would also like to look into leasing the property versus selling the property. He favored Site 1 Version in Site Study 1. He stated he was okay with the funding strategy; however, urged caution in moving forward due to budgetary concerns. He agreed there was a need for an increase in space and supported staff's recommendations. Council Member Costello noted it was Important to balance needs for additional space with need to retain the Village character. He stated it was appropriate for govemment to stay in the Village. He favored Site 1 and retaining and Improving the existing facilities. He c:ornmentedthat relocating the existing Public Works building in the Village would be a plus. He was hesitant on financing options; however,. he stated it was imperative to move forward with a process that will lead to eventual completion of the project. He said Site 1, Study 1 is the most appropriate option. He supported retention of the Council Chambers building for potential lease revenue. Mayor Pro Tem Lubin agreed there was a need for a plan and. a need for additional space. He s~ted that Site 1 Is the most important site, with preservation of the existing City Hall. He liked the presentation of Study 1; however, he expressed concem with the size of the proposed building as compared to adjacent buildings. He said It needs to blend into the.VlIIage and not be overpowering. He did not support the Idea of leasing a City building. He supported developing a plan and selling the property. He agreed with the proposed funding mechanisms; agreed with the five-year timing projections; thanked Mr. Sweeney and staff and cOmmented that this process was rewarding for the City and citizens of the City. He supported staff's recommendations. CITY COUNCIL MINUTES JUNE 22, 2004 PAGE 7 Mayor Ferrara commended Mr. Sweeney and staff's efforts. He stated he liked Site 1,.Version 1, He suggested that the design treatment of the existing City Hall building should match the fa<;ade of the new City Hall. He stated he would like to see conceptual elevation plans. He supported staff's recommendations. Mayor Pro Tem Lubin moved to approve the City Hall Complex Needs Assessment and Feasibility Study preferred site; approve the preferred architectural approach; approve the proposed funding strategy; and direct staff to proceed with the proposed implementation strategy. Council Member Dickens seconded the motion,and on the following roIl-caH vote: AYES: NOES: ABSENT: Lubin, Dickens, Costello, Ferrara None Runels There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 11. NEW BUSINESS 11.a. Consideration to Convert One Community Services OffI~r Position to a Police OffIce.. Position. . Chief of Police TerSorch presented the staff report and recommended the 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. Mayor Ferrara opened the item for public comment, and hearing none, he closed the public comment period. . Council Member Costello moved to approve the conversion of one (1) Community Services Officer (CSO) position to a Police Officer position to provide DARE Officer services; and authorize the City Manager to enter into an agreement with the City.of Grover.Be8ch to prOvide DARE services. Council Member Dickens seconded the motion, and on the. following roll-call vote: AYES: NOES: ABSENT: Costello, Dickens, Lubin, Ferrara None Runels There being 4 AYES, 0 NOES, and.1 ABSENT, the motion is hereby declared to be passed. 12. CITY COVNCIL REPORTS a. MAYOR TONY M. FER~: (1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOGISLORT A). No report. (2) Integrated Waste Management Authority (IWMA). No report. (3) Other. None. CITY COUNCIL MINUTES JUNE 22, 2004 PAGE 8 b. MAYOR PRO TEM SANDY LUBIN: (1) South County Area Transit (SCAT), Reported on implementation of new route at no additional cost to the City which will result in increase to City capital for street improvements; implemented Lopez Lake route for summer; implemented Summer Youth Pass program; and approved a rate increa~ from .75 to $1.00. (2) Economic Vitality Corporation (EVC). Reported that he was no longer on Executive Committee; however, he would continue to serve as a regular Board Member. (3) CJPIA. Directed staff to complete survey. (4) Other. None. . c. COUNCIL MEMBER THOMAS A. RUNELS: (ABSENT) (1) Zone 3 Water Advisory Board. No report. . (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). Met at the Plant; reviewed Budget; looking at a rate increase study - rates not increased since 1985; meets again next week to approve the Budget. (3) Other. None. e. COUNCIL MEMBER JOE COSTEL~O: (1) Air Pollution Control District (APCD), No report. (2) Other. None. 13. CITY COUNCIL MEMBER ITEMS: None. . 14. CITY MANAGER ITEMS: None. 15. COUNCIL COMMUNICATIONS: Mayor Pro Tem Lubin referred to the Byron Grant letter re~ntly received by the Council. City Manager Adams provided an update and stated the Issue was resolved. Council Member Costello announced that he would not be present at the next regular Council meeting of July 13th. 16. STAFF COMMUNICATIONS:. None. 17. COMMUNITY COMMENTS AND SU~GESTIONS: . Steve. Ross, Arroyo Grande, asked about the status of the Joint City CounciVPlanning Commission meeting. City Manager Adams responded that it has been moved to September and a specific date had not yet been confirmed. CITY COUNCIL MINUTES JUNE 22, 2004 PAGE 9 18. ADJOURNMENT Council Member Costello moved to adjourn the meeting in memory of Laurence "Larry" Greene and Mayor Pro Tem Lubin seconded the motion. Mayor Ferrara adjourned the meeting at 9:25 p.m. Tony M. Fertara, Mayor ATTEST: Kelly Wetmore, Director of Administrative Servlcesl Deputy City Clerk (Approved at CC Mtg ) 8.8. MEMORANDUM BY: CITY COUNCIL t:'f:' ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR~ ANDREA KOCH, PLANNING INTERN AND RYAN FOSTER, ASSISTANT PLANNER SUBJECT: CONSIDERATION OF ADOPTION OF A RESOLUTION ESTABUSHING POLICY TO WAIVE PERMIT APPLICATION FEES FOR CERTAIN ANNUAL TEMPORARY USE PERMITS TO: FROM: DATE: JULY 13, 2004 RECOMMENDATION: It is recommended the City Council adopt the attached Resolution modifying the policy and procedure regarding waiving permit application fees for certain annual Temporary Use Permits, . FUNDING: The proposed policy changes would only streamline the process of refunding permit application fees for certain Temporary Use Permits that have historically been granted refunds, Therefore, there is no fiscal impact to the City. DISCUSSION: Backaround There are several Temporary Use Permits issued by the City each year that have historically requested and been granted a refund for permit application tees. The City established criteria for granting such refunds on September 25, 2001. A refund of permit application fees may be granted for a Temporary Use Permit when the permit is for an event that benefits the community and meets all of the following criteria: . The applicant is a local non-profit organization. A valid non-profit organization number shall be provided and "local" is defined as at least 50% membership from within the City of Arroyo Grande, . The group/organization donates at least 50% of its budget to support programs/activities within the City of Arroyo Grande or the Five Cities area. . Proceeds from the event or activity will be used for a specific City of Arroyo Grande or Five Cities area public project, program or cause. . The event or activity is organized and operated by non-paid volunteers. . The event or activity is open to the public. L___ S:\COMMUNITY _DEVELOPMENT\PROJECTS\STAFF\03-020\STAFF ....03-020_CC_RPT.doc CITY COUNCIL ADOPTION OF A RESOLUTION ESTABLISHING POLICY TO WAIVE PERMIT APPLICATION FEES FOR CERTAIN ANNUAL TEMPORARY USE PERMITS JULY 13, 2004 PAGE 2 Process Streamlinina Under current policy, the process of refunding permit application fees for a Temporary Use Permit involves three (3) City departments: Community Development, Administr~tion, and Finance. Community Development must submit a staff report to Administration for inclusion on the City Council's consent agenda, and once approved by Council, Community Development must submit a form to Finance to distribute the refund. By establishing a policy to waive fees for certain annual Temp.orary Use Permit events, the City would save staff time and resources used under current policy, Under this new policy, Community Development staff could waive application fees for all Temporary Use Permit events on the list approved by the City Council without involving Administration, Finance, or the Council, If it is determined that any Temporary Use Permit event should be added or removed from the fee waiver list, Community Development staff would submit a staff report to Administration for inclusion on the City Council's consent agenda stating the reasons for the addition or. removal. Temporary Use Permit events would be added or removed from the fee waiver list only upon the consent of the City Council, The Council would also need to review any substantially altered Temporary Use Permits on the list. Any applicants for Temporary Use Permits not included on the list would still be able to request a refund of permit application fees directly from the Council. Modifying the policy and procedure regarding waiving permit application fees for Temporary Use Permits as proposed would eliminate the time currently spent by both staff and Council reviewing and approving permit application fee waivers for the same events year after year. All of the events that have been identified for inclusion on the fee waiver list (see below) occur on an annual basis, with very little or no change to the scope of the Temporary Use Permit that is granted each year, T emporarv Use Permit Events Historicallv Granted Refunds Based on Community . Development Department records, there are currently eight (8) annual Temporary Use Permit Events that have been granted refunds of permit application fees each of the past three (3) years: · Arroyo Valley Car Show . Christmas Caroling in the Village · Harvest Festival · March of Dimes Walk America . Nelson Green Book Fair · Strawberry Festival . Summer Concerts in the Village · Watershed Education Fair L S:\COMMUNITY _DEVELOPMENT\PROJECTS\STAFF\O~20\STAFF _03-020_CC_RPT.doc CITY COUNCIL ADOPTION OF A RESOLUTION ESTABLISHING POLICY TO WAIVE PERMIT APPLICATION FEES FOR CERTAIN ANNUAL TEMPORARY USE PERMITS JULY 13, 2004 PAGE 3 Staff suggests the initial list of Temporary Use Permit events eligible for application fee waivers consist of these projects. The policy change addresses only fee waivers. The full process for Temponiry Use Permits for these projects would still be required. ALTERNATIVES: The following alternatives are presented for Council consideration: _ Adopt the attached Resolution establishing a policy to waive permit application fees for certain annual Temporary Use Permits; _ Modify the policy to waive permit fees for certain annual Temporary Use Permits and adopt a revised Resolution; - Do not adopt the attached Resolution; - Provide direction to staff. S:\COMMUNITY _DEVELOPMENT\PROJECTS\STAFF\03-020\STAFF _03-o20_CC_RPT.doc RESOLUTION NO. . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING POLICIES TO WAIVE PERMIT APPLICATION FEES FOR CERTAIN ANNUAL TEMPORARY USE PERMIT EVENTS WHEREAS, Temporary Use Permits for certain annual events are granted application fee fefunds;and WHEREAS, these Temporary Use Permit events meet the criteria established by the City Council on September 25,2001 for application fee waivers; and WHEREAS, staff expends a substantial amount of City time and resources submitting application fee refund requests to Administration, the City Council, and Finance; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows:.. . 1. That a list of annual Temporary Use Permit events meeting the application fee waiver criteria be established to streamline the process of refunding permit application fees; and 2. That the initial list of Temporary Use Permit events eligible for fee waivers . include the following events that have been granted a refund of permit application fees in the past: the Arroyo Valley Car Show, Christmas Caroling in the Village. Harvest Festival. March of Dimes Walk America, Nelson Green Book Fair, Strawberry Festival, Summer Concerts in the Village, and Watershed Education Fair; and 3. That Temporary Use Permit events will be added or removed from the fee waiver list only by action of the City Council. On motion of Council Member on the following roll call vote, to wit: , seconded by Council Member , and AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 13th day of July 2004, r 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 8.f. MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGE~ SUBJECT: CONSIDERATION OF COMPENSATION ADJUSTMENTS FOR PART- TIME EMPLOYEES DATE: JULY 13, 2004 RECOMMENDATION: It is recommended the City Council adopt the attached resolution approving a 3% Cost of Living ("COLA") adjustment for all part-time employees for FY 2004-05 and a 5% COLA for Police Reserve positions. FUNDING: The cost impact of the recommendations is approximately $15,080 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: In order to continue to enable the City to recruit and maintain quality employees in part- time positions, it is recommended that a 3% COLA be provided to all part-time employees effective July 1, 2004. In addition, a 5% COLA is recommended for Police Reserve positions because the pay for these positions over the past several years has created a disparity between the salaries of full-time Police Officer positions. This results in a concern over the ability to maintain a quality reserve force because the reserve officers perform many of the duties of the regular full-time officers during critical times. Lastly, it is recommended the uniform allowance for Police Reserve positions be increased from $350.00 per year to $400.00 per year. ALTERNATIVES: The following alternatives are provided for the Council's consideration: _ Adopt resolution approving the COLAs as outlined above and the adjustment to the uniform allowance; _ Modify as appropriate and adopt the resolution approving the proposed COLAs and the uniform allowance; - Do not adopt the resolution - Provide direction to staff. S:\CITY MANAGER\STEVE\Council Reports\Salary and Benefit Reports FY 2002-03\Part-Time Salary Benefit Report FY 2004-0S.doc RESOLUTION NO. . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A SALARY AND BENEFIT PROGRAM FOR PART-TIME 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 for part-time employees be fixed as hereinafter provided. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande that: 1. Part-time employees shall receive the salaries as designated in Exhibit "A" attached hereto and incorporated herein by this reference. 2. The uniform allowance for Police Reserve positions shall be increased from three hundred and fifty dollars ($350.00) to four hundred dollars ($400.00). 3. The terms of this Resolution shall be effective for the pay period beginning July 1, 2004. 4. All other part-time employee salary and benefit terms and conditions remain in full force and effect as set forth in Resolution No. 3491. On motion of Council Member the following roll call vote, to wit: , seconded by Council Member , and on 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 RESOLUTION NO. PAGE 3 EXHIBIT "A" PART-TIME EMPLOYEES. SALARIES 2004-05 PERMANENT PART-TIME EMPLOYEES POLICE DEPARTMENT Designated Levell Reserve Officer Senior Police Reserve Officer Police Reserve Officer Police Reserve Officer Trainee Police Dispatcher/Clerk II Police Dispatcher/Clerk I Police Dispatcher/Clerk Trainee PARKS AND RECREATION DEPARTMENT Recreation Senior Leader Recreation Assistant Senior Leader AM/PM Childcare Coordinator AM/PM Teacher AM/PM Assistant Teacher AM/PM Assistant I AM/PM Assistant II AM/PM Assistant III, High School Pre-School Teacher MISCELLANEOUS PART-TIME Printer Recreation Building Supervisor Recreation Building Coordinator Office Assistant Maintenance Worker - Parks, Public Works, Building Mechanic's Assistant HOURLY RATE $ 20.49 18.25 16.28 13.68 17.48 15.38 13.31 HOURLY RATE START 1 YEAR PAY SERVICE $ 8.99 $ 9.23. 7.51 7.73 11.55 11.81 9.76 10.00 9.17 9.40 7.94 8.12 7.64 7.88 7.49 7.68 11.55 11.81 HOURLY RATE $ 15.97 9.58 7.45 12.27 2 YEARS SERVICE $ 9.69 8.13 12.41 10.53 9.87 8.52 8.29 8.07 12.41 3 YEARS (+) SERVICE $10.15 8.54 13.00 11.05 10.35 8.93 8.70 8.47 13.00 1 YEAR 2 YEARS (+) SERVICE SERVICE START PAY $ 9.65 13.12 $ 10.86 14.08 $ 13.19 15.98 RESOLUTION NO. . PAGE 4 EXHIBIT "A" PART-TIME EMPLOYEES SALARIES 2004-05 TEMPORARY PART-TIME EMPLOYEES POLICE DEPARTMENT Crossing Guard HOURLY RATE $ 7.93 HOURLY RATE START 1 YEAR PAY SERVICE $ 8.18$ 9.24 Police Cadet HOURLY RATE PARKS AND START 1 YEAR RECREATION DEPARTMENT PAY SERVICE (Substitute) Recreation Senior Leader $ 8.99 $ 9.23 (Substitute) Recreation Assistant Sr. Ldr. 7.51 7.73 (Substitute) AM/PM Childcare Coordinator 11.55 11.81 (Substitute) AM/PM Teacher 9.76 10.00 (Substitute) AM/PM Assistant Teacher 9.17 9.40 (Substitute) AM/PM Assistant I 7.94 8.12 (Substitute) AM/PM Assistant II 7.647.88 (Substitute) AM/PM Assistant III, High School 7.49 7.68 (Substitute) Pre-School Teacher 11.55 11.81 2 YEARS SERVICE $ 10.29 MISCELLANEOUS PART-TIME Administrative Secretary Office Assistant (Seasonal) Maintenance Worker - Parks, Public Works, Building Student Intern HOURLY RATE $ 14.93 12.27 9.65 7.32 Administrative Intern START PAY $ 10.08 1 YEAR SERVICE $ 10.56 2 YEARS SERVICE $ 9.69 8.13 12.41 10.53 9.87 8.52 8.29 8.07 12.41 2 YEARS (+) SERVICE $ 11.11 3 YEARS (+) SERVICE $ 10.15 8.54 13.00 11.05 10.35 8.93 8.70 8.47 13.00 8.g. MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGE~ SUBJECT: CONSIDERATION OF COMPENSATION ADJUSTMENT FOR FIRE VOLUNTEERS AND FIRE MECHANIC POSITION DATE: JULY 13, 2004 RECOMMENDATION: It is recommended the City Council adopt the attached resolution approving a "Cost of Living Adjustment" (COLA) of 5% for the Fire Volunteers Stipend Program and for the Fire Mechanic part-time pay for FY 2004-05. FUNDING: The cost of the increase will be approximately $8,130 annually. 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: In order to continue to enable the City to recruit and maintain quality Fire Volunteers, it is recommended the monthly stipend program be increased by 5%. The stipend program helps Volunteers defer costs associated with weekly training. The 5% is recommended due to the fact that an adjustment to the stipend has not been provided since 1997. An increase of 5% is also proposed for the Fire Mechanic Position, which has not been increased for two years. Both categories are critical positions to the organization and recruitment of other replacements would be much more costly to the City. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Approve staffs recommendation; _ Modify as appropriate and approve staffs recommendation; Do not approve staffs recommendation; - Provide direction to staff. S:\CITY MANAGER\STEVE\Council Reports\Salary and Benefit Reports FY 2002-03\Fire Volunteer and Mechanic Report.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE MODIFYING THE STIPEND PROGRAM FOR THE FIRE VOLUNTEERS AND COMPENSA liON FOR THE FIRE MECHANIC POSITION 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 and its Fire Volunteers and Fire Mechanic that a stipend and specified benefits be fixed as hereinafter provided. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande that: 1. The pay rate for the Fire Department's Fire Mechanic shall be established at $21.63 per hour. 2. The monthly stipend for Fire Volunteers shall be established as follows: Fire Volunteer, Fire Fighter I $200 Fire Volunteer, Fire Fighter $205 Fire Volunteer, Engineer I $221 Fire Volunteer, Engineer II $236 Fire Volunteer, Captain $278 3. The terms of this Resolution shall be effective for the pay period beginning July 1, 2004; 4. All other stipend and benefit terms and conditions remain in full force and effect. On motion of Council Member the following roll call vote, to wit: seconded by Council Member and on 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 ~. I.h. MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER ~ SUBJECT: CONSIDERATION OF ANNUAL AGREEMENT WITH THE SAN LUIS OBISPO COUNTY VISITORS & CONFERENCE BUREAU DATE: JULY 13, 2003 RECOMMENDATION: It is recommended the City Council authorize the Mayor to execute the annual Agreement with the San Luis Obispo County Visitors and Conference Bureau (SLOCVCB). FUNDING: The annual cost of the Agreement is $6,890, which is charged to the Redevelopment Agency. This represents an increase of $390 over what was paid in previous years, and funding is included in the FY 2004-05 budget. The additional $390 is being added as part of the proposed adjustments presented at the July 13, 2004 meeting. DISCUSSION: The mission of the SLOCVCB is to "promote the County's economic opportunities through its primary industry - tourism." The SLOCVCB promotes tourism through a number of programs and it is cost effective for the City to coordinate these efforts with other agencies and businesses in the County. The City has been a dues paying member since 2000. The City's Economic Development Strategy includes a section on tourism, and one of the specific goals is "to become an active participant in the San Luis Obispo Countywide tourism programs." Therefore, this item forwards the goals of the Economic Development program. The City's funds will assist the SLOCVCB to expand their outreach efforts. Existing programs of the SLOCVCB have been successful. Most notable, they have greatly expanded their website materials, capabilities and marketing. At this time, the City Manager serves as the City's representative on the SLOVCB Board of Directors. Participation in the SLOVCB will continue to be more important in the future if the City is successful in its efforts to attract new hotel development. CITY COUNCIL SLOCVCB AGREEMENT JULY 13, 2004 PAGE 2 ALTERNATIVES: The following alternatives are provided for the Council's consideration: Authorize the Mayor to execute the annual agreement with the SLOCVCB; Modify the agreement and then execute the Mayor to approve the agreement; Do not approve agreement; Provide staff with other direction. Attachments: 1. Proposed Agreement with SLOCVCB SAN LUIS OBISPO COUNTY VISITORS & CONFERENCE BUREAU AGREEMENT This Agreement is made upon the date of execution, as set forth below, by and between SAN LUIS OBISPO COUNTY VISITORS & CONFERENCE BUREAU, a California non-profit organization (hereinafter referred to as "SLOCVCB"), and the CITY OF ARROYO GRANDE, a Municipal Corporation (hereinafter referred to as "CITY"). The parties hereto, in consideration ofthe 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 shall continue in effect until June 30, 2005. This Agreement may be renewed each year hereafter, for periods of one year, commencing July 1 through June 30 of the succeeding year, by action of the City Council/Redevelopment Agency and SLOCVCB's acceptance of said renewal. 1.02 SERVICES TO BE PERFORMED BY SLOCVCB: SLOCVCB agrees to perform or provide the services specified in "Description of Services" attached hereto as Exhibit "Au and incorporated herein by this reference. SLOCVCB shall determine the method, details and means of performing the above-referenced services. SLOCVCB may, at SLOCVCB's own expense, employ such assistants as SLOCVCB deems necessary to perform the services required of SLOCVCB by this Agreement. CITY may not control, direct or supervise SLOCVCB's assistants or employees in the performance of those services. 1.03 COMPENSATION: In consideration for the services to be performed by SLOCVCB, CITY agrees to pay SLOCVCB six thousand eight hundred and ninety dollars ($6,890). 2.00 OBLIGATIONS OF SLOCVCB 2.01 MINIMUM AMOUNT OF SERVICE BY SLOCVCB: SLOCVCB agrees to devote the hours necessary to perform the services set forth in this Agreement in an efficient and effective manner. SLOCVCB may represent, perform services for and be employed by additional individuals or entities, in SLOCVCB'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. 2.02 WORKERS' COMPENSATION AND OTHER EMPLOYEE BENEFITS: CITY and SLOCVCB intend and agree that SLOCVCB is an independent contractor of CITY and agrees that SLOCVCB and SLOCVCB's employees. and agents have no right to CITY Workers' Compensation and other employee benefits. If any worker insurance protection is desired, SLOCVCB agrees to provide Workers' Compensation and other employee benefits, where required by law, for SLOCVCB's employees and agents SLOCVCB agrees to hold harmless and indemnify CITY from any and all liability, cost, or damage arising out of any claim for injury, disability, or death of SLOCVCB and SLOCVCB's employees or agents. 2.03 INDEMNIFICATION: SLOCVCB 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 SLOCVCB's or any of SLOCVCB's employees' or agents' operations under this Agreement, whether such operations be by SLOCVCB or by anyone or more persons directly or indirectly employed by, or acting as agent for, SLOCVCB provided as follows: a. That CITY does not, and shall not, waive any rights against SLOCVCB which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by CITY, or the deposit with CITY by SLOCVCB, of any of the insurance policies hereinafter described. b. That the aforesaid hold-harmless agreement by SLOCVCB 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 SLOCVCS or any agent or employee of SLOCVCB regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 2.04 INSURANCE: SLOCVCB 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 ProDerty Damage Insurance. SLOCVCB 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 SLOCVCB 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 SLOCVCS's or any SLOCVCB's operations under this Agreement, whether such operations be by SLOCVCB or by anyone directly or indirectly employed by SLOCVCB and the amounts of suoh insurance shall be as follows: (1) Public Liabilitv Insurance. In an amount not less than (One Million Dollars ($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 One Million Dollars ($1,000,000) on account of anyone occurrence: (2) Property Damage Insurance. In an amount of not less than One Million Dollars ($1,000,000) for damage to the property of each person on account of anyone occurrence. b. Comprehensive Automobile Liability. Bodily injury liability coverage of One Million Dollars ($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 One Million Dollars ($1,000,000) for each accident. c. Workers' Compensation Insurance. In the amounts required by law as set forth in Section 2.02 above. d. Proof of Insurance. SLOCVCB 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 SLOCVCB. . 3.00 OBLIGATIONS OF CITY 3.01 COOPERATION: CITY agrees to comply with all reasonable requests of SLOCVCB necessary to the performance of SLOCVCB's duties under this Agreement. 4.00 TERMINATION OF AGREEMENT 4.01 TERMINATION OF NOTICE. Notwithstanding any other provision of this Agreement, any party hereto may terminate this Agreement, at any time, without cause by giving at least thirty- (30) days' prior written notice to the other party to this Agreement. 4.02 TERMINATION ON OCCURRENCE OF STATED EVENTS. ThisAgreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy or insolvency of any party; b. The end of the 30 days as set forth in Section 4.01 ; c. June 30, 2005, unless extended per Section 1.01, above. 4.03 TERMINATION BY ANY PARTY FOR DEFAULT OF SLOCVCB: 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. 5.00 MISCELLANEOUS 5.01 REMEDIES: 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. 5.02 NO WAIVER: The waiver of any breach by any party of any provision ofthis Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this Agreement. 5.03 ASSIGNMENT: This Agreement is specifically not assignable by SLOCVCB to any person or entity. Any assignment or attempt to assign by SLOCVCB, 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 4.03. 5.04 ATTORNEY FEES: 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. 5.05 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. 5.06 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: Steven Adams City Manager City of Arroyo Grande P.O. Box 550 - 214 E. Branch Street Arroyo Grande, CA 93421 SLOCVCB: Jonni S. Biaggini Executive Director SLO County Visitors & Conference Bureau 1037 Mill Street San Luis Obispo, CA 93401 5.07 GOVERNING LAW: This Agreement and all matters relating to this Agreement shall be governed 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. 5.08 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. 5.09 SEVERABILITY: Should any provision ofthis 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, unimpaired by the holding, legislation or rule. 5.10 SOLE AND ENTIRE AGREE~ENT: 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. 5.11 TIME: Time is expressly declared to be of the essence of this Agreement. 5.12 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. 5.13 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 , 2004, at Arroyo Grande, California. CITY OF ARROYO GRANDE By: Tony M. Ferrara, Mayor ATTEST: Kelly Wetmore, Director of Administrative Services/Deputy City Clerk APPROVED AS TO FORM: By: Timothy J. Carmel, City Attorney councilagendaitems/vcbagreementfy0203.doc SAN LUIS OBISPO COUNTY VISITORS & CONFERENCE BUREAU By: Jonni S. Biaggini, Executive Director SLO County Visitors & Conference Bureau By: Lynda Gill, President SLO County Visitors & Conference Bureau 8.1. MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGE$ SUBJECT: CONSIDERATION OF ANNUAL AGREEMENT WITH THE ECONOMIC VITALITY CORPORATION OF SAN LUIS OBISPO COUNTY DATE: JULY 13, 2004 RECOMMENDATION: It is recommended the City Council authorize the Mayor to execute the annual Agreement with the Economic Vitality Corporation of San Luis Obispo County (EVCSLOC). FUNDING: The annual cost of the Agreement is $5,000, which is charged to the Redevelopment Agency. This is the same amount paid in previous years, and funding is included in the FY 2004-05 Redevelopment Agency budget. DISCUSSION: The mission of the EVCSLOC is to "stimulate the economic vitality of San Luis Obispo County, generate jobs, and increase financial investment within the County by promoting the retention, expansion, and attraction of business and industry to the area." Mayor Pro Tem Lubin currently represents the City of Arroyo Grande on the EVCSLOC Board of Directors and is a past Chair. The EVCSLOC promotes economic development through a number of programs and it is cost effective for the City to coordinate these efforts with other agencies and businesses in the County. The EVCSLOC has provided important tools for the City's use in its economic development program. The City has been a dues paying member since 2000. Probably the most important capability of the EVCSLOC is a small business loan program, which they coordinate with a local bank. It provides the City with another economic development tool when we can refer a potential new business owner to EVCSLOC for assistance with their financing. CITY COUNCIL EVCSLOC AGREEMENT JULY 13, 2004 PAGE 2 ALTERNATIVES: The following alternatives are provided for the Council's consideration: Authorize the Mayor to execute the annual agreement with the EVCSLOC; Modify the agreement and then authorize the Mayor to execute the agreement; Do not approve agreement; Provide staff with other direction. Attachments: 1. Proposed Agreement with EVCSLOC S:\CITY MANAGER\STEVE\Council Reports\EVC Agreement 7. 13.04.doc i I I ---..! ECONOMIC' VITALITY CORPORATION OF SAN LUIS OBISPO COUNTY AGREEMENT This Agreement is made upon the date of execution, as set forth below, by and between ECONOMIC VITALITY CORPORATION OF SAN LUIS OBISPO COUNTY, a California non-profit corporation (hereinafter referred to as "EVCSLOC"), 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 shall continue in effect until June 30,2005. This Agreement may be renewed each year hereafter, for periods of one year, commencing July 1 through June 30 of the succeeding year, by action of the City Council/Redevelopment Agency and EVCSLOC's acceptance of said renewal. 1.02 SERVICES TO BE PERFORMED BY EVCSLOC: EVCSLOC agrees to perform or provide the services specified in "Description of Services U attached hereto as Exhibit "A".. and incorporated herein by this reference. EVCSLOC shall determine the method, details and means of performing the above-referenced services. EVCSLOC may, at EVCSLOC's own expense, employ such assistants as EVCSLOC deems necessary to perform the services required of EVCSLOC by this Agreement. CITY may not control, direct or supervise EVCSLOC's assistants or employees in the performance of those services. 1.03 COMPENSATION: In consideration for the services to be performed by EVCSLOC, CITY agrees to pay EVCSLOC five thousand dollars ($5,000). 2.00 OBLIGATIONS OF EVCSLOC 2.01 MINIMUM AMOUNT OF SERVICE BY EVCSLOC: EVCSLOC agrees to devote the hours necessary to perform the services set forth in this Agreement in an efficient and effective manner. EVCSLOC may represent, perform services for and be employed by additional individuals or entities, in EVCSLOC'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. When in doubt as to the existence of such a ,conflict, EVCSLOC shall contact ~e City's Economic Development Director and/or the City Manager in advance of providing said services. 2.02 WORKERS' COMPENSATION AND OTHER EMPLOYEE BENEFITS: CITY and EVCSLOC intend and agree that EVCSLOC is an independent contractor of CITY and agrees that EVCSLOC and EVCSLOC's employees and agents have no right to workers' compensation and other employee benefits from City. If any workers' compensation insurance protection is desired, EVCSLOC agrees to provide workers' compensation and other employee benefits, where required by law, for EVCSLOC's employees and agents. EVCSLOC agrees to hold harmless and indemnify OITY from any and all liability , cost, or damage arising out of any claim for injury, disability, or death of EVCSLOC and EVCSLOC's employees or agents. 2.03 INDEMNIFICATION: EVCSLOC 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 actiol}s at law or in equity which may allegedly arise from EVCSLOC's or any of EVCSLOC's employees' or agents' operations under this Agreement, whether such operations be by EVCSLOC or by anyone or more persons directly or indirectly employed by, or acting as agent for, EVCSLOC provided as follows: a. That CITY does not, and shall not, waive any rights against EVCSLOC which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by CITY, or the deposit with CITY by EVCSLOC, of any of the insurance policies hereinafter described. b. That the aforesaid hold-harmless agreement by EVCSLOC 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 EVCSLOC or any agent or employee of EVCSLOC regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 2.04 INSURANCE: EVCSLOC 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. EVCSLOC 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 EVCSLOC 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 Il1ay arise under this Agreement, whether such operations be by EVCSLOC or by anyone directly or indirectly employed by EVCSLOC and the amounts of such insurance shall be as follows: (1) Public Liability Insurance. In an amount not less than (One Million Dollars ($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 One Million Dollars ($1,000,000) on account of anyone occurrence: (2) Property Damage Insurance. In an amount of not less than One Million Dollars ($1,000,000) for damage to the property of each person on account of anyone occurrence. b. Comprehensive Automobile Liability. Bodily injury liability coverage of . One Million Dollars ($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 One Million Dollars ($1,000,000) for each accident. c. 'Yorkers' Compensation Insurance. Inthe amounts required by law as set forth in Section 2.02 above. d. ProofofInsurance. EVCSLOC 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 EVCSLOC. 3.00 OBLIGATIONS OF CITY 3.01 COOPERATION: CITY agrees. to comply with all reasonable requests of EVCSLOC necessary to the performance of EVCSLOC's duties under this Agreement. 4.00 TERMINATION OF AGREEMENT 4.01 TERMINATION OF NOTICE.' Notwithstanding any other provision of this Agreement, any party hereto may terminate this Agreement, at any time, without cause by giving at least thirty- (30) days' prior written notice to the other party to this Agreement. 4.02 TERMINATION 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. The end of the 30 days as set forth in Section 4.01; c. June 30, 2005, unless extended per Section 1.01, above. 4.03 TERMINATION BY ANY PARTY FOR DEFAULT OF EVCSLOC: Should any party default in the performance of this Agreement or materially breach any of its provisions, the non-breaching party? at its option, may terminate this Agreement, immediately, by giving written notice of termination to the breaching party. 5.00 MISCELLANEOUS 5.01 REMEDIES: 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 . 5.02 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. 5.03 ASSIGNMENT: This Agreement is specifically not assignable by EVCSLOC to any person or entity. Any assignment or attempt to assign by EVCSLOC, 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 4.03. 5. 04 ATTORNEY FEES: 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. 5.05 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 fmancial condition of the party required to perform the act. 5.06 NOTICES: Except as otherwi,se 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: Steven Adams City Manager City of Arroyo Grande P.O. Box 550 - 214 E. .Branch Street Arroyo Grande, CA 93421 EVCSLOC: Ray Johnson, President/CEO Economic Vitality Corp. of San Luis Obispo County P.O. Box 5257 San Luis Obispo, CA 93403 . 5.07 GOVERNING LAW: This Agreement and all matters relating to this Agreement shall be governed 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. 5.08 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. 5.09 SEVERABILITY: 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, unimpaired by the holding, legislation or rule. 5.10 SOLE AND ENTIRE AGREEMENT: 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. 5.11 TIME: Time is expressly declared to be of the essence of this Agreement. 5.12 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. 5.13 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 _,2004, at Arroyo Grande, California. CITY OF ARROYO GRANDE By: . Tony M. Ferrara, Mayor ATTEST: Kelly Wetmore, Director of Administrative Services/Deputy City Clerk EVC OF SAN LUIS OBISPO COUNTY By: Ray Johnson, President/CEO Economic Vitality Corp. of SLO County By: Matt Fortier, Chair Economic Vitality Corp. of SLO County APPROVED AS TO FORM: By: Timothy J. Carmel, City Attorney councilagendaitems/evcagreementfy0203.doc 8..1. MEMORANDUM FROM: CITY COUNCIL STEVEN ADAMS, CITY MANAGER' KAREN SISKO, HUMAN RESOURCES MANAGER TO: BY: SUBJECT: CONSIDERATION OF MANAGEMENT SALARY RANGE FOR THE ACCOUNTING SUPERVISOR POSITION DATE: JULY 13, 2004 RECOMMENDATION: It is recommended the City Council adopt a resolution establishing the management salary range for the position of Accounting Supervisor. FUNDING: There will be no fiscal impact to the City as the range for the Accounting Supervisor was approved by City Council when the Service Employees' International Union (SEIU) Memorandum of Understanding was adopted in July 2003 pursuant to Resolution No. 3695. . DISCUSSION: Effective January 1, 1998, the City Council adopted Resolution No. 3265 establishing the Accounting Supervisor as a management position. Up until that time, the position was classified as non-management. The employee in the position was allowed to remain as a member of the Service Employees' International Union with the provision that when her employment with the City ended, this position would then be classified as management. With the employee in the Accounting Supervisor position now retired, the position must be established under a salary range in the management classification. Under the SEIU salary schedule, the Accounting Supervisor is in Range 34, with a salary range of $3,656 - $4,444 per month. The comparable salary on the management scale, after the adjustments approved in the SEIU MOU for FY 2004- 05 are applied, is Range 35 with a monthly salary of $3,735 - $4,541. ALTERNATIVES: The following alternatives are provided for the Council's consideration: 1. Approve staffs recommendation; 2. Do not approve staffs recommendation; 3. Modify as appropriate and approve staffs recommendation; or 4. Provide direction to staff. S:\CITY MANAGER\STEVE\Council Reports\Accounting Supervisor Salary Range 7.13.04.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING THE MANAGEMENT SALARY RANGE FOR THE POSITION OF ACCOUNTING SUPERVISOR WHEREAS, the City Council of the City of Arroyo Grande ("City") deems it in the best interest of the City to establish a management salary range for the position of Accounting Supervisor. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande that: 1. The position of Accounting Supervisor will be established at the Management salary range of 35. 2. This salary range shall become effective as of 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. 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 J. CARMEL, CITY ATTORNEY I.k. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, PUBLIC WORKS DIRECTOR/CITY ENGINEER k SUBJECT: CONSIDERATION TO APPROVE A REVISED CONSULTANT SERVICES AGREEMENT WITH TENERA ENVIRONMENTAL TO PROVIDE SERVICES IN CONJUNCTION WITH THE ANNUAL CREEK CLEANING PROGRAM DATE: JULY 13, 2004 RECOMMENDATION: It is recommended the City Council: 1. Approve a revised consultant services agreement with T enera Environmental for services in conjunction with the annual creek cleaning program in the amount of $13,925.00; and 2. 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 22, 2004, the City Council approved a consultant services agreement between Tenera Environmental and the City of Arroyo Grande in the amount of $13,295.00 for environmental services to be performed in conjunction with the annual creek cleaning program. Prior to execution of the agreement, it was brought to the City's attention that there was a typographical error in the amount proposed by Tenera Environmental, due to the inadvertent transposition of numbers. The error results in a $630.00 discrepancy between the proposal by Tenera Environmental and the amount awarded by the City Council. Staff has verified the correct proposal amount of $13,925.00 and Tenera Environmental remains the most qualified firm to perform the work. The services to be performed include conducting pre-construction surveys, training, and monitoring. Work is expected to be completed prior to October 15, 2004. CITY COUNCIL CONSIDERATION TO APPROVE A REVISED CONSULTANT SERVICES AGREEMENT WITH TENERA ENVIRONMENTAL TO PROVIDE SERVICES IN CONJUNCTION WITH THE ANNUAL CREEK CLEANING PROGRAM JULY 13, 2004 PAGE 2 ALTERNATIVES: . The following alternatives are provided for Council consideration: . Approve staffs recommendation; . Do not approve staffs recommendation; . Modify staffs recommendation as appropriate; . Provide direction to staff. Attachments: 1. Revised Request For Proposal Log Sheet 2. Consultant Services Agreement REVISED REQUEST FOR PROPOSAL LOG SHEET CITY OF ARROYO GRANDE RFP DEADLINE: June 10, 2004, 5:00 p.m. Creek Environmental Services SUBMITTED BY: T enera Environmental San Luis Obispo, CA $13,925.00 Morro Group, Inc. San Luis Obispo, CA $23,125.00 ~ uJkb- Kelly Wetmore Director of Administrative Services/Deputy City Clerk c: Director of Public Works Public Works Supervisor City Manager j CONSULTANT SERVICES AGREEMENT This Agreement is made upon the date of execution, as set forth below, by and between TENERA 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 a~d 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 terml~ated as provided herein. . .1.02 CONTRACT COORDINATION . . a. . CIIX. 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 CONSULTANT. 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 SERVICES TO B~ PFRFORM~O BY CONSULTANT: CO'NSULTANT agrees to perform or provide the services specified in the letter dated June 10, 2004 attached hereto as Exhibit "A" and incorporated herein by this reference. CONS.ULTANT 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 COMPFNSATION: 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 tenns provided . in Exhibit "A" attached hereto and incorporated herein by this reference. . 2.00 OBLIGATIONS OF CQNSIII TANT 2.01 MINIMIIM AMOUNT OF SFRVICE BY CONSLJt.TANT: 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 additionallndMduals or entities, in CONSULTANTS sole discretion, as long as the performance of these extra-contractlial services does not interfere with or present a conflict with CITY'S business. . 2.02 TOOl S ANn INSTRlIMFNTAUTIFS: CONSULTANT shall provide all tools and instrumentalities necessary to perform the services under this Agreement 2.03 I AWS TO RE 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 CONSULTANT'S performance under this Agreement, or the conduct of th~ 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 fIlentioned above; d.' Immediately report to the CITY'S Contract Manager in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, oroers, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this Agreement 2.04 REI FASE OF RFPORTS AND INFORMATION. Any video tape, reports, information, data, or other material given to, or prepared or assembled by, CONSULTANT under this Agreement shaD be the property of CITY and shall not be made available to any individual or organization by CONSUl.. T ANT without the prior written approval of the CITY'S Contract Manager. . 2.05 COPIES OF VIDEO TAPES, RepORTS ANn 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 servicesun~r this Agreement, CONSULTANT shall provide such . additional copies as are requ~, and CITY shall compensate CONSULTANT for the ~sts of duplicating of such copies at CONSULTANT'S direct expense. 2.06 OllAllFICATIONS OF CONSlIl TANT. CONSULTANT represents that it is qualified to furnish the services described under this Agreement 2.07 WORKERS' COMPFNSATION AND OTHER EIIIP. QVEE RENEFI1S: 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 CrN for any and all claims arising out of any claim for injury, disability, or death of CONSULTANT and CONSULTANT'S 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 CONSULTANTS employees' or agents' operations under this Agreement, whether such operations be by CONSULTANT or by anyone or more persons directly or indirecUy employed by, or acting as agent for, CONSULTANT provided as follows: a. That CITY does no~ and shall no~ waive any rights against CONSULTANT which it may have by reason of the aforesaid hold-harmless agreemen~ 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 alleg~ to have been suffered, by reasori 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 INSIIRANCE: coNSULTANT shall not commence work under this Agreement until it has obtained all insurance required under this section and such Insurance shail have been approved by CITY as to form, amount and carrier: . a. Public I iability and Propert)' Damage Insurance. CONSULTANT shall take out and maintain during the life of this Agreement such pubflC 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 q1aims for property damage which may. arise from CONIUL TANTS or any subcontractor's operations under this Agreemen~ whether such operations be by CONSULTANT or by . anyone 'directly or indirectly employed by CONSULTANT and the amounts of such insurance shan be as follows: (1) Public liability InSUr.:lnC'A. 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 Insur.:lnce. In"an amount of not less than $1,000,000 for damage t.othe property of each person on acCount of anyone occurrence. (3) ComprP.hensive AutomOpile 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 ~roperty damage liability of $1,000,000 for each accident (4) forth in Section 2.03 above. Workers' Compensation Insurance. In the amounts required by law as set b. Deductibles and Self-Insured RAtenoons. 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 oflidels, employees, agents or volunteers; or CONSULTANT shall Pl:OCUre a bond guaranteeing payment of all losses, and related investigation, claims administration and legal expenses. c. Proof of Insurance. CONSULTANT shall fumish 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 TIMF; FOR COMPI FTION OF THE WORK . Program scheduling shall be as described in Exhibit "AU 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, othergovemmental agencies, or factors not directly brought about by the negligence or lack of due care on the part of the CONSULTANT. 4.00 TEMPORARY SIISPFNSION The CITY'~ Contract Manager shall have the authority t9 suspend this Agreement wholly or in part, for such period, as she deems necessary due to unfavorable conditions or to the failure on the part of the CONSULTANT to perform any provision of this Agreer.nent CONSULTANT will be paid the compensation due and payable to the date of temporary suspensiqn. 5.00 INSPFCTION 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 fumished, if any, shall be subject to the CITY'S Contract Manager's inspection and approval. The Inspection of such work shall not relieve .CONSUL TANT of any of . its obUgations to fulfill its Agreement as prescribed. 6.00 OWNERSHIP OF MATFRIAI 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 ORUGATIONS OF CITY 7.01 COOPERATION: CITY agrees to comply with all reasonable requests of CONSULTANT necessary to the performance of CONSULTANT'S duties under this Agreement. 8.00 TERMINATION OF AGREFMENT 8.01 TFRMINATION OF NOTICE. Notwithstanding any other provision of this Agreement, any party hereto may terminate this Agreement, at any time, without cause by giving at least thirty- (30) days prior written notice to the other parties to thIs Agreement . 8.02 TFRMINATION ON OCCIIRRfNCE OF STATED FVENTS. 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 bus.lness of any party; c. Death of any Party; . d. End of the Agreement to which CONSULTANT'S services were necessary: or e. Assignment of this Agreement by CONSULTANT without the consent of CITY. 8.03 TFRMINATION BY ANY PARTY FOR DFFAUI-T OF CpNSIII.TANT: Should any party default in the performance of this Agreement or materially breach any of its prOv~, a non-breaching party, at its option, may terminate this Agreement, Immediately, by giving written notice of termination to the breaching party. . 8.04 J'FRMINATION: 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 arid be an amendment to this Agreement. 8.05 RETURN OF MATFRIAl S. Upon such termination, CONSULTANT shall tum 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 ~hich CONSULTANT ~as received reasonable compensation,:or given to CONSULTANT in connection with this Agreement Su~ mat~rials shall become the permanent Property of CITY. CONSULTANT, however, shall not be liat;>>le 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 cohtemplated by this Agreement 9.00 SPFCIAL PROVISIONS 9.01 INTFREST OF CONSULTANT 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 CQvenants 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 DISCRIMINATION 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 Califomia 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 Califomla 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 found 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 MISCFll ANEOUS 10.01 REMFnIES: The remedies set forth in this Agreement shall not be exclusive but shall be cumulative with, and in addition to, ~II 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 ASSIGNMENT: 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 ATTORNEY FFFS: 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 provi~ed 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 perform~nce 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 exdude 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 expre5$Jy provided by law, any and ~II 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 225-0 Prado Road San Luis Obispo, CA 93401 10.07 GOVFRNING LAW: This Agreement and all matters relating to this Agreement shall be governed 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 BINniNG EFFECT: This Agreement shaD 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 SFVE~ABILlTY: 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, .unimpaired by the holding, legislation or rule. 10.10 SOl F ANn FNTIRF AGRFFMFNT:This Agreement constitutes the sole and entire agreement between the parties with respect to the subject matter hereof. This Agreement correcUy 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 AgreelTlent are null and void. 10.11 IlME: Time is expressly declared to be of the essence of this Agreement 10.12 PUE AUTHORITY: The parties hereby represent that the' individuals executing this Agreement are expressly authorized to do so on and in behalf of the parties. 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 th~ 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 AMENnMENTS: 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, Califomia. CITY OF ARROYO GRANDE T~ ATTEST: CONSULTANT Principal APPROVED AS TO CONTENT $~- Steven Adams, City Manager APPROVED AS TO FORM: UJ-- EXHIBIT "A" Scope of Work ScoDe 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 $13,925.00 Other Provisions: Proof of Insurance shall be provjdeqto, the City in the limits set forth in Section 2.09 of the Consultant Services Agreement. General LiabUity Insurance - $1,000,000.00 minimum (statutory limit). \ i'..'. .~.: i. 8.a. 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.: APPLICANT: LOCATION: PROPOSAL: Development Code Amendment 04-003 ' City of Arroyo Grande Citywide Consideration Of adoption of an Ordinance Amending Arroyo Grande Municipal Code Section 16.68.050 Regarding Underground Utilities and adoption of a Resolution Establishing an Underground Utility In Lieu' Fee. ENVIRONMENTAL' DETE'RMINA TION: 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. The proposed Ordinance was introduced at the June 22,2004 meeting and the Councilwill now consider adoption of the Ordinance and adoption of a Resolution establishing the amount of the underground utility in-lieu fee. Any person affected or concerned by this application may submit written comments to the Office of the City Manager 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 City Manager's Office 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 OFHEARING: TUI;SDAY, JULY 13, 2004 AT 7:00 P.M. PLACE OF HEARING: Arroyo Grande City Council Chambers 215 E. Branch Street ~~~ Arroyo Grande, California 93420 Kelly Wetmore, CMC Director of Administrative Services/Deputy City Clerk Publish 1T, Friday, July 2, 2004; 1/8 page display MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGE~~ BY: JON ANSOLABEHERE, ADMINISTRATIVE INTERN SUBJECT: CONSIDERATION OF ADOPTION OF ORDINANCE AND RESOLUTION REGARDING UNDERGROUND UTILITIES AND THE ESTABLISHMENT OF AN UNDERGROUND UTILITY IN- LIEU FEE DATE: JULY 13, 2004 RECOMMENDATION: It is recommended the City Council: 1. Adopt the proposed Ordinance amending Arroyo Grande Municipal Section 16.68.050 regarding underground utilities; and 2. Adopt the proposed Resolution establishing an underground utility in-lieu fee. FUNDING: There are no direct City costs related to establishing the underground utility in- lieu fee amount. The fee will generate revenue to be used for future utility undergrounding projects. DISCUSSION: On June 22, 2004 the City Council introduced an Ordinance amending Arroyo Grande Municipal Code Section 16.68.050 regarding underground utilities and the establishment of an underground utility in-lieu fee. Existing Code provisions allow exceptions for the underground utility requirement 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 undergrounding'requirement is waived in its entirety. The developer is then left unaccountable for future undergrounding efforts. Furthermore, situations have occurred where the undergrounding utility CITY COUNCIL ORDINANCE AND RESOLUTION REGARDING UNDERGROUND UTILITIES JULY 13, 2004 PAGE 2 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. The proposed underground utility in-lieu fee will establish an alternative 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 in-lieu fee is to allow an option for developers in situations deemed appropriate by the City. The ordinance specifies that the amount of the fee shall be set by Council resolution and be 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. This pre-set amount is intended to represent an average cost to underground utilities within the community. Due to the complexity of underground utility construction, a study detailing typical underground utility construction cost averages per linear foot was used to determine an in-lieu fee amount that is both fair and appropriate. The study analyzed past and current projects, as well as underground utility in-lieu fee programs in other cities. By averaging the costs and fees from the study, the average cost to underground utilities is $231.80/ per linear foot. Therefore, staff proposes the City of Arroyo Grande's underground utility in-lieu fee will be established at $232.001 per linear foot in underground utility cases deemed appropriate for the in-lieu fee. Attachment 1, titled underground utility in-lieu fee study, provides a summary of the figures used for this study. At the June 22, 2004 meeting, the City Council also requested staff to develop a priority list of locations for future undergrounding. The recommended locations are as follows: . East Grand Avenue - Alder Street to Elm Street . EI Camino Real - Halcyon Road to Hillcrest Drive . Halcyon Road - The Pike to EI Camino Real . Brisco Road - East Grand Avenue to EI Camino Real . Elm Street - East Grand Avenue to FarrOIl Avenue . Farro" Avenue - Halcyon Road to Oak Park Boulevard. I i --~~ CITY COUNCIL ORDINANCE AND RESOLUTION REGARDING UNDERGROUND UTILITIES JULY 13,2004 PAGE 3 In addition to these areas, funding is proposed to be used in conjunction with development projects where utility undergrounding takes place in order to complete necessary segments when deemed appropriate. ALTERNATIVES: The following alternatives are presented for Council's consideration: - Adopt the proposed Ordinance and Resolution; or - Adopt the Ordinance, but modify the fee prior to adopting the Resolution; or - Do not adopt the Ordinance or Resolution; or - Provide direction to staff. Attachment: 1. Attachment 1- Underground Utility In-lieu Fee Study Attachment 1 Underground Utility In-Lieu Fee Study Averaging the costs and fees from the following examples and all research is: $231.80. Corresoondence: Wallace Grouo Listed are undergrounding projects and per linear foot costs according to her memo February 25, 2004. -PG&E - East Grand Avenue - City of San Jose - City of Beaverton - City of Portland $125/ linear foot $284/ linear foot $448/ linear foot $190/ linear foot $175/ linear foot Also here are some costs according to a June 10, 2004 email regarding current a 2,904- foot underground utility project in a residential neighborhood along Sherwood Drive in Cambria. This street is located in an "assessment. district" where there are many "soft costs" associated with it. If you include all assessment district costs: - Preliminary Engineering! Administrative Costs - Design, Construction and Contingency Costs - Incidental Costs - Total - Per Linear Foot $70,100 $ 892,500 $181,200 $1.143~8oo $394 If you include just the design, construction and contingency costs: - Design, Construction and Contingency Costs $892,500 - Total $892.500 - Per Linear Foot $307 Corresoondence: Victor Devens from PttbUc Works According to a project with S&S homes Victor is involved in, ,here in Arroyo Grande, the average per linear foot cost is -$260.00 Corresoondence: WUI ManhaU from the City of Davis The City of Davis does have an underground utility in-lieu fee which they have the option to use on a rare occasion. However, according to Will, the per linear foot amount for the fee is $180.00. Penonal Research i J City of San Jose According to) the City of San Jose's Municipal code, the underground in-lieu fee is set at $224.00 per linear foot. This is drastically less than the average cost for an undergrounding project within San Jose Jill had described. 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 WHER~, 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 undergroundlng Is determined not to be necessary or appropriate based on established criteria; and WHEREAS, use of an' underground utility In-lleu fee will better enable the City to concentrate utility undergrouliding In areas determined to be In most aitlcaI 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 orderlyundergrounding of existing utilities; and WHEREAS.. the City Council has reviewed the proposed Ordinance In compliance with the California Environmental Quality Ad (CEQA), the CEQA Guidelines and the City's Rules and Procedures for Implementation of CEQA and detennined. that the proposed Ordinance Is exempt under Section 15273 and Section 15302(d) of the CEQA 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 Code Section 16.68.050. C. Is amended in its entirety as follOWS: C. In-Ueu Fee - Reauired Aoorovals. 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-lleu fee will only be available for residential development projects that meet pne or more of the following conditions: a. There has been no undergrounding of utilities In the surrounding n~ghbo~; . b. The projects property line is located at least three hundred (300) or more feet from an underground utility distrld; c. The undergroundlng connection to the nearest utility pole will require the applicant to underground utilities fifty (50) or more linear feet beyond the project's property Hne; d. The estimated cost of undergroundlng for the project Is more than twenty- _ . -: ~five percent (25%) of the estimated total cost of the project; e. Subdivision projects of ten (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 feat of each side of the property with overhead utility lines. . 3. Underground utility in-lieu fees shall be paid prior to issuan~ 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 recommendation .from 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.ls added as follows: F ~ Exceotions. The undergrounding utility requirement may be waived by the approving authority if it Is determined that such undergroundlng Is entirely infeasible. SECTION 4: If any'. section, subsection, subdMslon, 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 ther~. ,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, subdMsion, paragraph, sentence, or dause be declared unconstitutional. SECTlQN 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 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 ServlcesIDepilty 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 the following roll call vote to wit: , seconded by Council Member , and by AYES: NOES.: ABSENT: the foregoing Ordinance was adopted this _ day of -' 2004. ORDINANCE NO. PAGE 3 TONY M. FERRARA, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY ~ANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE SETTliNG FORTH THE AMOUNT OF THE CITY OF ARROYO GRANDE'S UNDERGROUND UTILITY IN-LIEU FEE WHEREAS, the City Council adopted an Ordinance establishing an underground utility in-lieu fee and providing for the setting of the in-lieu amount by resolution of the City Cou~cil; and , WHEREAS, the City has conducted a study to equitably establish the amount of the underground utility in-li~u fee per linear foot, for underground utilities; and, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. The amount of the underground utility in-lieu fee for residentiaUy zoned subdivisions or developments shall be two hundred and thirty two dollars ($232.00) per linear foot. 2. This Resolution shall take effect sixty (60) days after its adoption. On the 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 SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY 9.b. MEMORANDUM TO: CITY COUNCIL FROM: ROB STRONG COMMUNITY DEVELOPMENT DIRECTOR BY: \L ~ KELLY HEFFERNON n~\' ASSOCIATE PLANNER SUBJECT: CON,SIDERATION OF TENTATIVE TRACT MAP CASE NO. 04- . 001; CONDOMINIUM TRACT MAP FOR A PREVIOUSLY APPROVED 80-UNtT SENIOR APARTMENT C~: 579 CAMINO MERCADO; CAMINO MERCADO PARTNERS, LP (CONTINUED PUBLIC HEARING FROM JUNE 22, 2004) DATE: JULY 13, 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 SO-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 Deve!opment 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). CITY COUNCIL TTM 04-001 JULY 13, 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 Descriotion 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. CITY COUNCIL TTM 04-001 JULY 13, 2004 PAGE 3 TABLE 1: PARKING REQUIREMENTS Required Number of Parking Spaces Subtotal: Approved Number of Parkin Sees 2 bedroom units (60 units): Visitor Parking: ---------------- ----------------------- ------------- ---------------- --------------~-------- ------------- 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 ublic assembl ---------------- ----...----------- ======================= ------------- ------------- TOTAL: 160 total par~lng spaces. 60 covered and 100 uncovered 139 total parking spaces . 96 covered and 43 uncovered 13% reduction 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 (1'0% 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 all income categories. Goal B: Ensure that housing that is constructed in the City is affordable to all income levels. CITY COUNCIL TTM 04-001 JULY 13, 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 andlor 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 senior housing requirements: Senior Housina Leaislation 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 hfull~~~~~ ' (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. CITY COUNCIL TTM 04-001 JULY 13,2004 PAGE 5 (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 V.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. PUBLIC COMMENTS: A public notice was sent to all property owners within 30q 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 development. The mitigation measures from these two (2) previous environmental determinations have been incorporated into the conditions of approval for the tentative tract map. ALTERNATIVES: The following alternatives are presented for Council consideration: 1. Approve the Planning Commis$ion'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. CITY COUNCIL TTM 04-001 JULY 13, 2004 PAGE 6 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 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 eonvert the one-bedroom senior apartment units to all 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 3.98-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 (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA 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 thataltemate 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 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 . and by the following roll call vote to wit: , seconded by Council Member AYES: NOES: ABSENT: the foregoing Resolution was adopted this 13th day of July 2004. nJ 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 RESOLUTION NO. PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 04.()01 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 all conditions of approval previously imposed 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 these conditions of approval. If there are any conflicts between this resolution for Tentative Tract Map (TIM) 04- 001 and CUP 01-010, as amended, the conditions for TIM 04-001 shall prevail. 3. The applicant shall comply with all conditions of approval for TIM 04-001. 4. This tentative map approval shall automatically expire on July 13, 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 B1 - B10 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. .. 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 shall 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 floorlceiling 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 ~n 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%) ofthe 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. PRIOR .TO ISSUANCE OF GRADING PERMIT 20. Unless otherwise modified by these conditions of approval, the applicant shall submit a perimeter-fencing plan showing all perimeter fences andlor 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 Califomia Civil Code Sections 51.2 and 51.3 regarding special considerations for senior citizen housing. PUBLIC WORKS PEPARTMENT 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 specificallynotecl otherwise. 23. Fees - The applicant shall pay all applicable City fees at the time they are due. (For your information, the "Procedure for Protesting Fees, Dedications, Reservations or Exactions" is provided below). 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, RESERV A TIO~S 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 costof 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 OCCUI:S, 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. I 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 AutoCADformat 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 wUl 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. I 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,abandonment~, 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 easemen~ shall be dedicated adjacent to all street right of ways. Street tree easements shal! 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 ~djacent 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 an~ 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, 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 subdivision improvements. I J 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 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. 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"1:1 I I I I , ~ V firma -. .. .... - ,...-.........- . -................. - - c.-._............- .~ =..c.:.."!:'"' - ............ w...- &&~. === -- ~ __-;If. ~ i " , H -~~ IP .....---- - .. I' i I'll :1\1 ~~ t ' I i "il _ ~ ~ :t ,. ,. ~ .. . . I: I.: "8'1_ ~ I., II .~ I · !it I. I 11'1. · . I ' III t.iIH~ ,P.l~'i" 1.,1111" .'Ir 11.d ~ I; !ii!i ill! r'l!il I "-3 ~"'<: I il~m~i · . .. ! .UI!!ii ;~ I !. i iiq ii, I!i ;1 11;1; ~ ..~ lil~ ~~ nO . ;~ ,. II ~ .. II~J&I ~ Itril. 'IIII! ~ ~ . '.- ~ ; 1111; z , ii' I p ~~I g I I~ i . ... III 1,1 II lil . ~ I i !I~I =1' I ~ I ~! I , l: ~: I . a " . ",. 9 ~ ~ ~ ~ i'I Ii '" I I I lil ~ <; ~ EXHIBIT B-5 o > f.=. > ~ '" !I'. L . ! e ! . +-- " :< ~ ~ \ \ \ \ I I . I j I I I i r-__ ; I --- i -__ . I~ . ... ... <' s j;l . I i i III JIE!I III i h iii i~ ~ "1 "I- r\ 1 \ ~ I~ O....~ I ~ ~~ ! i~ ~ ~ I~ ~ ~ ~ 1il ~~i z I ~ g T & ~ EXHIBIT B-6 ~ It ! ~ III -I ~~ ~! I~ ;1 II '1111 Sl ~II!I .. '. I ~ . I . . i . \ \ t ~ . I . . r I I L____ EXHIBIT B-7 REceIVED FEB 2 6 2004 CITY OF ARROYO GRANDE COMMUNITY DEVELOF,~iENT DEr BEDROOM 2 8'-10. .CPO" 10' . M. BEDROOM 8'-10. c~ 13' . 11 PLANA AREA CALCS PLAN 'A' 966 SF 966 SF 106 SF 23 SF FLOOR AREA: TOTAL LIVING: PRIVATE PATIO: STORAGE: \ \ I I \ INIIl.n " l' .....1'-.. 1--1 , ~I I I I ~ I I I I - J I ~ f"'"~r;~ ~I I-I . IT" -'; . ~- ~, " ;' ....... / :~~ ;.)~=~~ ..~: ~ _ . ~ ( I I +r-I', \ " ~ ~ \HAU. II I ,. -1lIII." : I I '~'<;~'Ji.J,.tll If ~ l : - ....~..:.... I\.., v. \ I ..<~ 11"'-" ..s) I ..., \ , I L__J LMNG: : 11~... II'~~P : ,---JI ~ ~ 13",10' I - I : '} ~ L_______________J l.._J '- 1 I '~~l..T? - o' T a , BEDROOM 2 11'-10' CP 11' . 10' I.- ] I-' .I- M. BEDROOM 11'-10' cpo 15' . 11t \ .. 0 \ PRNATE ~ ", DECK M.;R-KOTE \ ~ ( \ /{ STORAGE \ 00 CU. FT. \ - PLANS AREA CALCS FLOOR AREA: TOTAL LIVING: PRIVATE PATIO: STORAGE: PLAN '8' 1039 SF 1039 SF 120 SF 26 SF EXHIBIT 8-8 NO> 0>01 (/l(/l ..".." (/l'"O a~ ~~ (;)fTl fTl "-0 ~ 9" "'tJ to> ~z (/lQ .." .." 5 o ~ ~ ~ EXHIBIT B-9 , I I I I I ~iSi ! I I I I I ______J -"'I .. - .' .~ =lil N -"'I .... .1 .~ ~lil ?~I ~~ii1 EXHIBIT B-1 0 . STORAGE (!) ~~~\ II' C I S'. 5' f) M. BEDROOM - g' CP II. IIIIiI 13' . 10" ~ !"-. V ~' ~ .\ ~a: ;:J .; II I .; ", 1&: __ -- I I <!> 14 I I PRIVATE "" HALL BATH 2 PATIO ) CONC. II II' T 22'. S' , I I 7'. 9' I I --~~ II . , UYlNQ ROOM -- g' CP .L ,0 ~ 10 n. 1" '-L ... ~L . BEDROOM 2 .~ I 11-. I I I 9' CP 11'. 9' I I . , ~ _I . . T II gr.11l I I I I L..L... r --I L - I s I I I L__________-_________________ PLAN 0 AREA CALCS FLOOR AREA: TOTAL LIVING: PLAN '0' 962 SF 962 SF PRIVATE PATIO: STORAGE: 140 SF 31 SF Pearson's Erosion and Drainage Control ~rvices 2399 Marjorie Plaee, Cambria, CA. 93428 Phone: (80S) 927-3327, e-mail: Disipator@aol.eom EXHIBIT C "CAMINO MERCADO SENIOR APARTMENTS" Gradin2 and Drain.. Plans ~ew Project Name: 'CaminaMercado-Senior-Apartments. City of Arroyo Grande Dep8~ent o~PlanD~ Projeet 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 isbouaded 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 ~g from 5% to 500A. Runofftlows from North to South onto Camino Mercado Road and into the city of Arroyo Grande's storm drain system. Project Description: The proposed project consists of constructing a complex: of siDgle and two story apartment buildings with associated parking, driveways, and insta1liDg 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 nmoffwill 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 fi:om 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 6O-inches. 1 ~-'-- ,1' Pearson's Erosion and Drainage Control Services 2399 Marjorie Place, Cambria, CA. 93428 Phone: (80s) 927-3327, e-mail: Disipator@aoLcom 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 nmofI.is.rapid. -The hazard to..sheet erosion is medium to.high however the hazard to erosion from concentrated flow is high. Maxim permissible velocity, without creAting erosion, for nmofIflowing 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.Jtis not,knownif the fills wer properly placed and compacted. A small pile of excavated.materialJ.ays.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 ftom nmoff waters being permitted to collect into concentrated flows. There appears to be little topsoil rell'I3-ining that would be suitable, for capping the project's proposed cut and fill surfaces, to help establishandmaintain.a protective vegetative cover on them. On site vegetation consists of several mature live oak trees, annual grasses, and low profile brush. . Observations: "PlanslDrawings" Sttmdtml GnulJait Notes Slleet 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 placed, at its final destination, in a manner that will not cause an erosion and sediment problem.. Note # 21 staes tbatall 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@aoLcom Erosion Control Nota: Sheet Cl.O Notes # 1 through # 10. The erosion control notes are too vague in their .,. description. of what, materials to..use for~erosion.control.and.bQw.themater1als.are to be used. This vagueness leaves too much to the interpretation. of personnel who may not understand what materials to use,oow to. properly use them in a given situation, or the importance ,of their proper use. As can be seen on the accompanying photo runoffi~,bave?erodedpllies 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 coD1ractor must pond albuDoffatnon-emdibJe locations with the use of dikes. The size and locations of the DOn-erodibleareu8l'e not identified. The type of materials, dimensions, and methodofcoDStlucting the dikes is not given. A failed'pond, of sediment and water, due to improper dtmign and/or construction could create,JDOl'e erosionBDdput:more,sediment onto Camino Mercado Road and into the city's stonn drain system 1hantifthe pond didn't exist. Construction Nota SIIed C2.0 Note # 12 shows installation ofa Cross Gutter (open concrete lined "V" ditch). There are no supporting hydrology and hydraulic calcu1ations for this drainage ditch. PIIIIIs/D,."",;,,1lS S~eet C4. 0 The drawings show various diameters of underground pipe to be used for collecting and conveying runoffwaters from buildings and parkiDg lots to a main IS-inch diameter pipe buried beneath the proposed main driveway. This IS-inch pipe in tumconnects to the city's storm drain system under Camino Mercado Road. There are no supporting hyrology or hydraulic calculations for the 4-inch and 12-inch diameter pipelines. 3 Pearson's Erosion and Drainage Control Services 2399 Marjorie Place, Cambria, CA. 93428 Phone: (805) 927-3327, e-mail: Disipator@aoLcom Erosio" Co1ltrol Notes Sheet C7.0 Note # 5 alludes to desilting'basins that will be cleanedof,sedimentand pumped .,-.dqafter..each,rainstorm. .Thelocations anddimensions,of,thesebasins~ not shown on the plans/drawings. Pltuu/D'II"';"1lS 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. Altm B_1 RGIIi1Ii1Ill Wtlll Desin: The Specifications Guidelines. Part 2: MATERIALS # 2.3 A. States that heavy clay or organic soils sball not be used as backfill behind the drainage rock in blA;:k of the retaining wall. The specified drainage rock bas diainetersrangjng ftom 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 sett1ing 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 Place, Cambria, CA. 93428 Phone: (805) 927-3327, e-mail: Disipator@aol.eom The Specifications Guidelines Water Manaszement. Section 3. Part 1: General DraiD82e States that existing slopes adjacent to the reta.ining walls or slopes created during the grading process shall include drainage details so that smfacewaters will not drain over the top of the slope face and/or wall. ThepIansldrawings donotshowhow this will be accomplished. ~e from behind the retaining wall: The cross sectionaLdrawing.shows the proposed 4-inch PVC"Toe" drain~sbottomatthe samecelevationas:.the;subgrade.for the base rock under the Allan Block. (see Allan Block.Ret-i"iIlgWaIlDesign, Construction Detailssht 1 of 2) This wiIlhavethe',poteRtilW_,~"",_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. Hvdrolo1lltrlflvdnllllic ctllcrdiJliollsbv DaiInI ~.Il"TIuHIrIJso,,: A comparison of runoff yields, from the project, found by<the'methodfor;caIP..lllAt;~ runoff yield used by the design. engineer,. to the method generallyused:by. thecoUDty 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,m;arunoff 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 of3.2 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 1= 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: (805) 927-3327, e-mail: Disipator@aoLcom Conclusion: Because of the proximity of the projectsite to the major city street "Camino Mercado Road" and the City of Arroyo Grande's storm drain system,: the sites,.steepslopes, and high erodibility of its soils proper m~, tocontrolerosioD,and~",_d~ .and after construction, must be employed.' 9ne such measure:..skould:include:sediment hasinls during 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 during therecognized,rainYise&SOn'Uom October 1 S1ll0f one year til Aprill S1II of the followiDg:year.Othel'wisedlereis :no need for a drainage and erosion control plan. b.) There will be rain during this period and any uoprotected,sojlon~ihepmject will erode and the sediment will drain downslope until it is mechanically stopped on the project site or flows onto Camino Mercado R<<*landu11imately 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 remainillg 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 Plaee, Cambria, CA. 93428 Phone: (805) 927-3327, e-mail: Disipator@aoLeom 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 theirsupporting.design:caJcu1ations and maintenance methods. . 6.) Supporting design calculations for the design of the Cross Gutter shown on cons1ru.ction drawing sheet C2.0. 7.) Supporting hydrologylhydrauliccalculations for the design ofthe4-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 bac1(fiUbebindtbe~AUan Block-retaining Wall drainage rock will be kept from flowing into theJarger voids.inthe'dJain rock thus precluding the above soilsurfaeefrom.settIing,.discolorationofthe18ce of the Allan Block, and reduction of the.d.rainage capacity ofthcdrain rock. 10.) Plans showing how surface drainage will be prevented from 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 relpcation of the "Toe drain" to preclude water from 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 from eroding duriilg 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 concen1rated erosive nmoffflows. 7 flOW .. POST SPlICING. 7' max . on ClSl8n lUllS 4' max on ponIIng 0l00S ..m......m.. ..............: ,...- 1 toP 8" 1 PoncIr1g IlIIlI\11f max . 24' AtIac: n labtC lD lIIlIlI8Of1" Side of pClIt DIlle lMlI eac tt lid 0 01 lit lince' '04 tmeI ... cIINlc e--.g 60 p.I i . 01 0181*' POST DEPTII AI muc h belD w gound os fobIlc aI)Qlfe QIlM'd 100 "" CClI11lOCIlln 100"" ~lD' . 0ilIQlIrG -,,:1,.. .... ......- . . '~ .~ ~, '/ ./. // /.' "/. . '~'~'~ ~\..ij\..'Z,-,,/ '" '\." '\." ...., ~~ ~~. ~~~~ ~"~~~/ /..~~~ ~ ~~~~. ~ ~ ~{ ~~~~/ /.~~~ ~ ~~~~, Y,/ ~~, ~ ~ '1' ~, /.~/~" ! ~~ ~ ~~."~~ '1' 0: 9 0~ /,/. ~. ~~~, ~~ ~.~~.~ ~(f~'~~ ~~~~",. ~~~//.~ J ~~~~~ ~~~v. ~.~~~ No men then 24- of8 38" fabric is 8"" abcNe ground. ~DIfMS: . ~ tabrtc ell", 'MedId, . ..........1* ..aI"'''''' ortlallllC. . ......cll1..~__..~.....WIIllcIIIV a ......... or r CIDCIII. . Hang......CIftO 'POll .................. .....oaIlIIJ,........ ..... GuhIeIbIeI To illlUl'e popel fnnr.tinn1-.g of die silt fence install tbe bottom of the feacc iato an excavItOCl..... ExcavaIc the tJaICh a mhrinmm of 8-inches below the DIbIIal pJUDd Mface. IDItall the potexIiIe feaci1Ic iato the tlalCb.lDIIIdD& SlUe the battoIIl ~the feaciD& is. ..iai_ of 8-iDcbes below the II8bIIIl poaDd surfac:e. Badr1iII the tNnCh widllOil. 1..~eIy after inchIlli.. the fence in the tn:Dch lIDd ~lIi.1rith sail, ~pICt the_. baIb sides oldie feIIce by driviq the wheels ofa tractor or sld,cllOIder .. to aDd puaIIeI widl dII fIIIce. Where~ by wbeeItd eqaipmeDt is DOt pmcticaI the 1DiI...... ~by '* 1 .... or other appmved 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-unitsenior 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 atthe meeting of December 11, 2001 and marked exhibits "81 - 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 his/her sole expense any action brought against the City, its present or former agents, officers. or employees because of the issuance of said approval. or in anyway relating to the implementation thereof. or in the altemative, to relinquish such approval. The applicant shaH 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 his/her obligations under this condition. DEVELOPMENT CODE 6. Development shall conform to the Professional Commercial (P-C) zoning requirements of the Oak' Parks Planned Development (~D 1.1) except as otherwise approved. Signage shall be subject to the requirements of Development Code Chapter 16.60. 7. uJ 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 Saturd.ay 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,fIow,showefbeads, water saving toilets, instant water heaters and hot water'recirculatingsyatems. 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 shaH be screened from public view with landscaping or other appropriate'screening materials, and shall be made of ,masonry or concrete with an 'exteriorfmish ,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) shaU be reserved for moderate-income seniors through a 30-year deed restriction recorded on each unit, or equivalent restrictive covenant. Annual reports shall be submIted 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 Departmenttoverffy that colors are consistent with the approved color board. A 48-h0ur notice is required for this inspection. 20. The applicant shall submit details of all proposed.':screeningiand;:retainil1,gwalls for . review and approval by the Community Development Director. Any fence, wall, or combination thereof exc8eding 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 preparedbya ilicensedtandscape 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~ldng Facilities". The landscape planshall'include;thefoHowing: 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 .Scr~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 RECREA TION 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 OCC'UPANCY: 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 ~~ . 33. The project shall be compliant with current state and federal disabled access laws (ADA). 34. The project shall comply with California State amended building codes. PRIOR TO ISSUING A BUILDING PERMIT: 35. The applicant shall show proof of property abandoning all non-conforming items such as ~eptic tanks, wells, underground piping and other undesiqlble conditions. 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' enforcecl~:~per\'PoIice~t9spadmentand Fire Department guidelines. Directional signage'shan also be. posted ,for emergency access to the buildings. . . . 40. The applicant must provide an approved "security key vaulr 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';'alarmsystem per National Fire Protection Association Standards. . . . 43. Consistent with Mitigation Measure No. 20, the' ,applicant shall ,provide a Vegetation Management Plan for a pot:tionof'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, Reservations 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 proj8ct, for ;the.purposeof 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 fullor:~providing"satisfaotor:y,'eWdence of arrangements to .pay the fee when due or ensureperfonnance of the conditions necessary to meet the requirements oUhe 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 bave, been imposed are provided for or satisfied, under protest. (b) A statement informing the CityCouncilofthe;factuakelements of the dispute and the legattheoryforming1he.;basis,.forthe.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 levi~ on a specific development. RESOLUTION NO. 3576 PAGE 11 PRIOR TO ISSUING A BUILDING PERMIT: 48. Improvements required - All project improvements shall be designed and constructed in accordance with the City of. Arroyo Grande Standard Drawings and Specifications, except as may be modified by these conditions of approval. 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.tofhe 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 andCaltrans 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 slgnage 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 $2,625 per Equivalent Residential Unit w~er usage. RESOLUTION NO. 3576 PAGE 12 54. 55. 56. 57. 58. 59. 60. 61. 62. . 63. Drainage design - All drainage facilities shall be designed to accommodate a 100-year storm flow. Parking lot design - The cross slope on parking lot driving lanes shall not exceed 5 percent. Entrance design - The driveway entrance shall be designed with curb retums having a minimum radius of 15 feet. Improvement agreement - Prior to approval ot any improvement plans, the applicant shall enter into an agreement with:;tbe. :Cfty:'for::fDspection of the required improvements. . Solis report - A preliminary soils report shall be prepared by a registered civil engineer and supported by adequate test borings. All earthwork design and grading shall be performed in accordance withtheapprov.edsollsmpoJ1~ Adjacent structures - The grading plan design shall include measures to protect the adjacent structures from-damage due to the construction. Landscape approvals - Landseape and irrig$tion plans are.require(twithin the public right otway, and shall be approved by.theCommunity Development, Parks and Recreation. and Public Works Departments. 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. Plan submittals - Upon approval of the improvement plans. the applicant shall provide a reproducible mylar set and 3 $ets 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). 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%11 x 1111 City standard forms. and shall Include legal descriptions, sketches, closure calculations, and a current preliminary .tltle 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: J 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-22feetfrom<centemneto the curb (matching the existing curb to the east). The.i.pmlemenhstmcktral"88dion 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 sidewalk shall be constructed along the property frontage. ' 68. Parking lot striping - The parking lot spaces shall utilize double jine striping. 69. Road Repairs - Camino Mercado shall be reconstructed:across the property frontage and to the center of the street toa ':structural,'section .capable of supporting a TI=6.0. 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 stann drain in Camino Mercado shall be public. All on-site private drainage strudures 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 facUities. 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 of2:1. 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. Onsit. private fire lines - Private onsite fire sprinkler lines shall.be connected to the public water system with a backflow prevention assembly. The backftow RESOLUTION NO. 3576 PAGE 14 assembly shall be painted green. Fire department connections shall be located per the Fire Department requirements. 75. Onslte 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 accorcJancewithCaHfomia State Health Agency standards. 77. Water meters - Water meters shall be locatedinthe.pubtic".:sklewalk or as approved by the Director of Public Works. Separate~metersrmaycbe~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 ofthe Director of Pub lice Works. '80. CitY benchmark - The applicant shall install newCity'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 8 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 IIIIITIGA TION 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 GeoSoIutions,Jnc.:-datedfOGtober 4, 2001 (Project No. SL002497 -1), included in the Initial;SttJdy;a~:AttAr.hmAntA. Monitoring: Responsible Dept: Tlmeframe: Monitoring: Responsible Dept: Timeframe: Review of grading, drainage, and foundation plans Public Works Department Prior to Issuance of building permit Review of Individual water program or payment of the in lieu fee Public Works Department Prior to issuance of buildingpennit 3. The applicant shall pay a fee of $2,625 per Equivalent Residential Unit water usage for adequate water storage for the project. Monitoring: Responsible Dept: Timeframe: Pay required fee Public Works Department 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: Responsible Dept: Tlmeframe: Review of building plans . Building and Fire . Department Prior to issuance of buDding 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: Responsible Dept: Timeframe: Review of landscaping and irrigation plans Parks and Recreation Department Prior to issusnce of building permit 6. The applicant shall provide detailed drainage calculations .indicating that increased run-off can be accommodated byexistingfacilitiesend/or.:provide on- site retention basins to the satisfaction of the Directorof :2ubHc"'Works. Monitoring: Responsible Dept: Tlmeframe: Review of grading plans Public Works Department Prior to issuance of a grading permit 7. During construction. water trucks or sprinkler systems shall be'uaed" to keep all areas of vehicle movement damp enough to preventdustfromle8vingthe site. At a minimum. this would include wetting dowosuch.areasinrthe,later morning and after work is completed for the day and whenever wind exceeds 15,miles per hour. '. Reclaimed (non-Potable )water'shouldbe'used whenever possible. , .' 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: Responsible Dept: \ Timeframe: Review of grading and building plans and site inspections Public Works and Building & Fire Departments shall inspect plans and spot check in the field Prior to issuance of a grading 'permit and during construction 15. The applicant shall install a traffic signal at theijntersection ofeamino Mercado and West Branch Street. The applicant and the eity ,shall enter into a reimbursement agreement providing that:the eitv~I'18imbarse.1theJ~ the difference in costs between the signal installation and the project's SignaHzation 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: Responsible Dept: Timeframe: The applicantshaU:instaU"the'trafficsignal Public Works Department Prior to issuance of eertificate of Occupancy 16. The applicant shall pay theeity's Transportation Facilities Impact fee prior to issuance of building permit. . Monitoring: Responsible Dept: Timeframe: The applicantshallpaythefees' Building &. Fire Department 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 elarkia populations to minimize impacts. A fence and appropriate signageshall be placed around the buffer zone to preclude impacts to Pismo elarkia during construction. Monitoring: Responsible Dept: Tlmeframe: The applicant shall submit plans showing these protection measures. Community Development Department Prior to issuance of grading permit 18.' The site development plans identifying protection areas around the Pismo elarkia shall be submitted to the ealifomia Department of Fish and Game (eDFG) at least 10 days prior to the start of site work. Monitoring: Responsible Dept: Timeframe: The applicant shall submit the plans to eDFG Community Development Department Prior to issuance of grading permit RESOLUTION NO. 3576 PAGE 18 19. Protective fencing shall be installed around each tree at the dripline. Thefencing 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 pAfRonnAI, Aqlllpm,n~ mAtArI."" or VAhlntpA ,... .11,..,M Do Not move or remove this fence [Name of arborist or consultant] [Name and phone number of developer or general contractor] . Monitoring: Responsible Depts: Timeframe: Field inspection Parks & Recreation and Community Development Departments Prior to issuance of grading permit 20. The applicant shall submit a Vegetation Management Plan for a .:portion of the open space property located adjacentto and _north of the projecl site. the plan shall include an area having a depth of200'alongithemorthem.projecbboundary. 'Monitoring: Responsible Dept: Timeframe: The applicant shall submit the plan Building & Fife Department 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 eode. 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: Responsible Dept: Timeframe: Notes shall be placed on the construction plans , referencing the above measures. Public Works Department 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 CaIifomia Environmental Quality Act. if archaeological resources are found on the site." Review of grading plans and site visits by the Public Works Inspector Public Works and BuDding & Fire Departments Prior to issuance of a grading permit and during site grading 25. The applicant shall pay all applicable park development fees to the eity. Monitoring: Responsible Dept: Timeframe: Monitoring: The applicant shall pay. thepar:k development fees . Parks & Recreation 'Department Prio~ to issuance,tofbuildinglJ8rmit ,Responsible Dept: Tlmeframe: . . . 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 COIIIIUNITV IlEVELOPIIEHT IlEPARTIIENT 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. AllsixtyunJts are now two-bedroom. 1. The applicant shall ascertain and comply with aiL Federal. ,State. County and eity requirements as are applicable to this project. 2. The applicant shall comply with all conditions of, approval for Conditional Use Permit ease 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 theexpirationof:the,-.ppmval. the applicant may apply for' an extension of one (1l:year'from<the.originaIdete of expiration. 4. Development shall occur in substantial conformance with the plans presented to the eity Council at the meeting of May 28, 2002. and marked exhibits "81 - 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 eity.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 eity. its agents. officers. or employees. for any court costs and attome)Is fee's which the eity. its agents. officers or employees inay be required by a court,to pay as a result of such action. The eity 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. 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 eonditional Use Permit ,ease No. 01-010 to reduce the on-site parking by two (2) additional spaces. allow constructiOn easements on eity property. remove eighteen (18) Coast Live Oak trees. and construct' a pedestrian path on adjacent eity property. 1. The applicant shall ascertain and comply with all' Federal. State. County and eity requirements as are applicable to this' project. 2. The applicant shall comply with all Conditions of approval for Conditional Use Permit ease No. 01-010. Amended eonditional Use Permit ease No. 02-002. and Amended Conditional Use Permit Case No. 03-003. 3. This application shall automatically expit:e on 'August 26. 2005 unless a buDding 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 eity eouncil at the meeting of August 26. 2003. and marked Exhibit "81". 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 eity. its present or former agents. officers. or employees, because of the issuance of said appi"oval.or In anyway relating'to the implementation thereof. or in the 'alternative. to relinquish such approval. The applicant shaRreimburse the eity. its agents. officers. or employees, for any court costs and attorney's fee's which the eity. its agents. officers or employees may be required by a court to pay as a result of such action. The eity 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. 6. To formalize the offer of dedication to the eity of Arroyo Grande of the northem portion of the property where the pedestrian path terminates, the applicant shall record an irrevocable open space easement on behalf of the eity. RESOLUTION NO. 3706 PAGE 5 7. Prior to issuing a c;ertificate of occupancy. the applicant shall make necessary improvements for the pedestrian path as indicated on Exhibit "B". 8. The landscape plan shall include a mix of plant materialihatscreens the project and pathway from adjacent residents. 9. The public pedestrian path that begins at the bus turnout on eamino Mercado in front of the project site shall connect to the pedestrian path located adjacent to the access driveway on eity property. The pedestrian crossing over the access driveway shall be clearly marked. 10. To satisfy tree removal mitigation requiremenm.:,thei'appJicant.sballJ;pIantfifty-four (54) 5 and 15-gallon eoast Live Oak trees on and off site perthe 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 fora~periodOfthree(3)years. or until the' eity determines that the replacement trees are established and no longer in need of irrigation and maintenance. If any of the'replacemenUrees die within this timeframe. the applicant shall replace in-kind. subjeCt to approval, of the Parks. Recreation and Facilities Director. ' mOMAS M. DUGGAN Ll~DA SOM~RS SMITIt MARIA L Hlil1(JN DUGGAN SMITH & HUTKIN LLP ATTORNEYS AT LAW 979 Otil)ti Street, Suite F Post Office Bnx IS 139 SAN LUIS OBISPO, CALIFORNIA 93406 (805) 546-2060 Fa:< (80S) 546-8865 ATTACHMENT 1 OfCnu""d RICHARD N, RACOlJlLLA T RECC:V;:!D APR 272004 CITY OF ARROYO GR.\NDE COMMUNITY D~vaor-;,;~~JT IJEPT. April 9, 2004 Jason Blankenship Camino Mercado Partners 2000 Mattie Drive Pismo Beach, CA 93449 . HAND DELIVERY 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\ I Client Files\CCRED\CaminoMcn:ado\I.Altters\Ltr.caminoMeft:ado-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 C~unty Recorder remove the restrictive covenant language pursuant to subdivision (c) of Section 12956.1 of the Government Code. However, all lawful restrictions und~ state and federal law on the age of occupants in senior housing or housing for older persons shall notbe 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 ASSodIATION 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 AssessmeJ1t.. ...... .................................... ......... ......... ..................... ....... ... ....... .... 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.] 5 Declara:tion......';:..............................................................................................4 1.16 Exclusive Use Area......................................................................................... 4 1.17 Governing Documents .................................................................................... 4 1.18 Living Unit ......................................................................................................4 1.,19 Man.ager ........ ......................................................................~. ............ .......... ..... 4 1.20 Mem.ber ................................ ........................................... ..... ............. ... ..~ ......... 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 SeI1ior CeIlter . .......... ............... ......... ...... .................................................. ....... 5 1.28 Special Assessment............................ ...... ....... ............ .................................... 5 ARTICLE II PROPERTY RIGHTS........ ...... ............ ..................... ................. ................................. 5 2.1 Prooertv Subiect to Declaration ...................................................................... 5 2.2 Elentents of Condominium. ................ .................... .,... ............................ ....... 5 2.3 No S~8I"8te Convevan.ce. ..............................................................................5 2.4 Nonexcl'USive Easern.en.ts. .......................................................................... ..... 6 2.5 Partition Prohibited.. .................. ......................... ..... .................. ......... ......... .... 6 2.6 Ena:oachmen.t Easemellts. .:............................................. ............ .......... ..... .... 6 2.7 Dele28tion of Use. ....................~......................................................................6 2.8 Lease Must Reauire Conformance to Govetnmsz Documents. ....................... 7 1 2.9 Minim'UIIl Lea.se Tenn................................................ .......... .....'............. ..... ..... 7 2.1 0 Declarantts Construction and Sales Rights.................................................... 7 ARTICLE III ASSOCIATION .... ................. ....... ....... ...... .................. ............ .............. ....... .............. 8 3.1 Existence. ....................... .:. .......................... .................. ............ .... ........... ....... 8 3.2 Membership. .......... ........ ................ .......... ......... ............... ............................... 8 3.3 Membership is J\pourtenant to Unit. ..............................................................8 3.4 Tran.sfer. ... ... .......... ..........."............". ..... .... ..... ..... ..................,... ............. ..... ........ 8 3.5 V o~ ~.......................................................................................................... 8 3.6 Joint Owner Dis'DU.te. ......................................................................................9 3.7 Initial Board of Directors. ............................................................................... 9 3.8 Election of Board of Directors. ................................................. ...... ................ 9 3.9 Meetinp. .......................................... ................................... .... .................. ....... 9 3.9.1 Place of Meetings. .. ............... ........................ ....... ...... ....................... 9 3.9.2 Time of Meetin~. ..................... ......................................... ............... 9 3.9.3 Notice of Meetil12S. .......................................... ................'........ ....... 10 ARTICLE N MANAGEMENTt DUTIES AND POWERS OF ASSOCIATION......................... 10 4.1 Mana2ement of the Project. ...........................................~............................... 10 4.2 Powers and Duties'Oenet'8l.1y. ....................................................................... 10 4.3 Powers and Duties. ...........................'............................................................ 10 4.3.1 4.3.2 4.3.3 4.3.4 4.3.5 4.3.6 4.3.7 '4.3.8 4.3.9 4.3.10 4.3.11 4.3.12 Utilities.................... ... ............ .......... ............................................... 10 Ins'uran.ce. . ....................... ...... ....... *................ ... .... ~.......................... 10 Mana8eDlen.t .Services:. ...:................................................................ 10 Materials. ........ ............ ... .... .'.......... .... ............. ................ ................... 10 Mana2ement Space. .............. .............................. ............................ 11 Reoairs:Maintenance: RecoJ1Struc3ion. ..~....................................... 11 Gardening and I..ao.~ing. '............................... ........................... 11 Trash: Rubbish CoUoct:ton. .....................................................~....... 11 Miscellaneous S8I'Vice2l. ................................................................... 11 Senior Housinsz: Consulting Servic<<=s. ........................~.................... 11 Lega1md Acco'UDting. ..................................................................... 11 Fidelit,y Bonds. ........... ............ ..... ................ .................................... 11 4.4 Additional Authoritv. ...................................................... ...... ......................... 12 4.5 Delegation of Powers to Mana2er................................................................. 12 4.6 Rimt of EnU'v. ... .... ...... ......... ...... .... ...... ...... ... ....... ......................... ................ 12 4.7 Ann.ua1 Audit.~............................................................................................... 12 4.8 Financial Records and Accounts: InSj)eCtio................................................. 13 4.9 Suspen.sion of Ri8f1t. ...................'........................................................... ....... 1'3 4.10 Enforcement of Bonded Obliutions. ........................................................... 13 4.11 Limitation on Lial>ility of Officers and Dir~......................................... 14 4.12 IndeJ11llifica.tion. ................................................................................ ....... ...... 14 4.13 Personal PrQperty of Association....~............................................................. 14 4; 14 Non-Profit Character and Senior Housing Qualification. ............................. 15 11 4.15 Associatioq as Attornev-in-Fact for Owners. ............................................... 15 4.16 Verification ofOuaIified Owners and Occppants......................................... 15 4.17 ,Maintenance of Senior Facilities. ............................................................... 15 4.18 ADA Comnliance. ........................................................ ............... ......... ......... 16 ARTICLE V ASSESSMENTS.... ... .... ................................... ................................... ........... .......1..11 16 5.1 Creation of the Lien and Personal Obligalipn of Assessments..................... 16 5.2 Puroose of Assessments. ............................................................................... 16 5.3 Common Assessm.en.ts. ............~..................................................................... 16 5.3.1 Preoaration of Ann~ Bud8et. ....................................................... 16 5.3.2 Limits for In~ of Common . and Capital A~ents....,.................................................. 17 5.3.3 Reauired Notice ofAssessntent IJtcreases; .................................... 17 5.4 Capital Assessments for Cawital Imoroventents . or Extraordinary Expenses........ ....................... .............................. 1 7 5.5 Reserve Contributions'and Acco\ID.ts............................................................17 5.6 Division of Assessments. .............................................................................. 18 5.7 Effect ofNonpayanent of Assessments. ........................................................ 18 5.8 Transfer of Unit by Sale or Poreclosure. ...................................................... 18 5.9 Rem.edies. .... .... ........... ........... ........... ..... .... ......... ............................ ... .... ........ 18 5.9.1 PaVItlent- Under Protest~ '.................................................................. 18 5.9.2 Enforcem.mt. .... ......... ......... ........ .....~. ..... .... ... ... ..... ........ .................. 19 5.9.3 Collection of ~essments from 1)nants or Lessees. ..................... 19 5.10 S-peci~ Assessmmts. ................................................................................... 19 5.10.1 Dama~e to Common Area or Conpon Facilities........................... 19 5.10.2 Expenses Incurred in Gaininl M*ber ConuJliance. ..................... 20 5.10.3 Chan~ 9f OccQ.~cy. ....................................................................20 5.11 Levy of Snecial Assessment and Pavment.;.................................................. 20 ARTICLE VI MAINTENANCE RESPONSIBILITIES ......................................... ........................ 20 6.1 . Common Area MaintMce. ........................................................................20 6.2 Owner Maintenance Res,ponsibilities. ........,.................................................. 21 6.3 Recovery of Costs ofCert@.ip RCJ)airs and tfaintenance. ............................. 21 6.4 Cooperative Maintenance Obligations........................................................... 21 ARTICLE VII USE RESTRICTIONS ......................................................................... .............. ....... 21 7.1 Oblismtion to Follow Use Restrictions.......................................................... 21 7.2 Senior/Single Fami1v Residential Use. .........................................................22 7.3 Parking. .... ........... ..... .......... .... ..... .... ........... ...... ... ....... .................................... 22 7.4 Uninsurable Use ofPropertv. .....................~.......;'........................ ................. 22 7.5 Pets. .. ................... ................ .......... ....... .... ........................... ....... .................... 23 7.6 Nwsance. .... ... ................... .... .......... ...... ...~. ...... .............................................. 23 7. 7 ~... ............................... ....... ......... ........ ...... .... ........ .............. ........ ............ 23 111 7.8 Antennas and Satellite Dishes....................................................................... 23 7.9 Decks and Balconies. .............................. .................... .................... ............. 23 7.10 ,Structural IntefPitv of Buildings. .................................................................. 24 7.11 Garbasze 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 Imnrovements in Genera1~ Establishment of Architectural R~ew Committee. ..................... 25 8.2 Imnrovanent Defined. .. ...... ..... ....... ................ .......... ~. .................................... 25 8.3 ARDOintment of Architectural Review Co~ttee. ...................................... 25 8.4 Submission of Plans: Action bv Committet. ............................................... 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 Coverage. ........:............................................................................27 9.1.1 Casualty. ........................ ............ .................. .................................... 27 9.1.2 Liability. ............................ ............................... ........ ....................... 27 9.1.3 Worker's <;:(>mpensation. ................................................................27 9.1.4 Directors Liability. ...........................................:..............................27 9.1.5 OtIter Insurance. ................................................................................27 9.2 Insurance Trustee. ........................................... ................................ ........ ....... 28 9.3 W siver of Sub.rogation. .............................................. ........................... ........ 28 9.4 No Duplicate Insurance Coverage. ............................................................... 28 9.5 Unit Owner Insurance Rectuired. .................................................................. 28 ARTICLE X DAMAGE OR DESTRUCTION. ........................ ...... ............................................... 29 10.1 Destruction: Proceeds Exceed 85% ofR~ction Costs....................... 29 10.2 Destruction: Proceeds Less Than 85% of~ction Costs..................29 10.3 Auportionm.en.t of Assessments. ....................................................................29 10.4 Rebuildina C.onttact. .............................................................,........................29 10'.5 Rebuildin2 Not Authorized...........................................................................30 10.6 Minor R~ and Reconstruction. ................................................................ 30 10.7 Revival ofRigllt 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 Condenntation Award. ..... ............................. ............ ........... 31 11.4 Aooraisal if Condemnation Award Not AlI'Ortioned. ..................................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 by Owner: Mortgagee Riiht to V*. .............................................. 31 12.4 Brea.ch. .... ............. .... ...... .......... ....... ....... ..... ........ .,_ ...... ........................... I...... .................. 32 12.5 Notification as to Mort2agees. ....,........ .............. ....... ..... ................................ 32 12.6 Exchan~e ofInfonnation. ............................................................................. 32 12.7 Sale or Transfer. ................................................................. ........................... 32 ARTICLE XIII CONDOMINIUM PL.AN .........................................................................................33 13.1 Limited Reservation of Right to Vary Con4ominium Plan. ......................... 33 13.2 Soecial Power" of Attorney. ...........................................................................33 ARTICLE XIV OBLIGATION OF OWNERS .................... ..................................... ................... ...... 34 14.1 Mechanic's Liens. .....................................~...................................................34 14.2 Personal Injury or Property Dama2e Sustafted Within a Unit. .................... 34 14.3 Association Not Resoonsible for :Loss. ......................................................... 34 14.4 Notice of Dan.ger. ......................................................... ................................ 34 14.5 Notification of Sale or Lease ofCondomirtj.um............................................ 34 ARTICLE XV TAXES AND GOVERNMENTAL ASSESSMENfS............................................. 35 15.1 Taxes Separately Assessed. ..........................................................................35 1.5.2 Unal10cated Taxes. ............ .................................................................. .......... 35 ARTICLE XVI TERM OF DECLARATION .................................................................................... 35 ARTICLE XVII. AMENDMENTS ......................................................................................................35 17.1 Amendmmt. ...................................................................................................35 1 7.2 MortlJ,a2ees................. .... ,., ,... " I.... .... I..... ........ ................, .... ..,.. ..,... ................ 36 17.3 Amendment in Derogation of Ob1i~ation to Maintain Common Area. ..............~............................................ 37 17.4 Consent ofRea1 Estate Commissioner.......................................................... 37 y ARTICLE XVIII GENERAL PROVISIONS ............. ....................................... .......................... ..... ...... 37 18.1 ' Enforcenlent. .................................... ............................. ................ ................ 37 18.2 Violations ConstitutinlZ A Nuisance. ............................................................ 37 18.3 Cumulative Ren:1edies. ............................................................ ...................... 37 18.4 No Waiver. ......... ........... ................................. .............. ..... .................. ......... 38 18.5 Severabilitv....... ...... .......... ....... ...................... .............................. ....... ......... 38 18.6 Const:r'u.ction. .......... .................................................... ....... .................. .......... 38 18.7 Sin~ar Includes Plural. .............~................................................................. 38 18.8 Conflict of GoveminlZ 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 S79 Camino Mercado, qity 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. A0-87-3S, in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to Map recol'Jled August 16, 1988 in Book 43, Page 86 of Parcel Malis, in the office of the County Recorder of said County. Parcel B A private drainage easement as gtanted and show across Parcel 2 of Parcel Map AG-87-3S. 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, AqE SS AND OVER, HOUSING DEVELOPMENT IN COMPLIANCE WITH CALIFORNIA CIVIL CODE SECTION S 1.3 AND ALL SUBSEQUENT AMENDMEl4ITs THERETO. The Property shall consist of condominium estates comprised of Living Units, as defined below, and community facilities constructed 'to benefit thos. age SS and over, including a senior center and other features designed to meet the plJ.ysical and social needs of seniors, all constructed substantially in accordance.with the Condominium Plan, Tract Map No. 04- 001, recorded on as instrutnent No. in the Official Record in the Office of the Courtty RecoIder, San Luis Obispo, California ("Condominium Plan") said planned senior dovelopment to be known as Camino MercadO Condominiums (the Property and in1provements constructed thereon are referred to herein the "Project"). C. By this Declaration, subject to ~ protective covenants, conditions, restrictions, reservations, grants of easements, tights-of way, liens and charges and equitable servitudes, all as stated herein, Dec1irant 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 surrounding each Living Unit, and to provid~ for a non-profit association to manage and maintain the Project and the value, am~es, and senior housing qualifications under both federal and state law through ~ement 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 owners1rip 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 Civl.Code ~1350, et seq.). The easements, covenants, restrictions an4i conditions set forth, herein shall nul with the Property and shall be binding upon all patties having or acquiring any riBltt, 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 ~o of whom shall be Board members, appointed by the Board of the AssoCiation with tI$e duties, powers and PW'pO&e 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 Incorpor~on of Camino Mercado Condominium Owners Association, to be filed in the Office of thie California Secretary of State, as such Articles may be amended from time to time. 1.3 "Assessment" means and refers to aDd assessment, whether a Common Assessment, Capital Assessment or Special Ass,essment, levied" charged or assessed against an Owner and his or her Condominium intaccordance with the provisions of this Declaration, and which shall become a debt of $ch Owner and deemed to have been "made" within the meaning of Section 1356 oflthe 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 ~ 1351(a). 1.5 "Association Rules" or "Rules and Regul.tions" 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" meems the Board of Directors of the Association. 1.7 "Bylaws" means the Bylaws of the Association, as such Byll:towS 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 aga,inst an OWper 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 constniction, Of 'unanticipated repair or replaceDlent, of an improvement on the Common Area,. includiItg the necessary fixtures and personal property related thereto, or (ii) extraordilJ8l)r landscaping, painting or similar maintenance on the Common Area to protect agalnst or correct damage caused by mud slides, earth movement, brush fires or other su~ natural or accidental occurrences or events. 1.9 . "CC&Rs" means these Covenants, CondiPons 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 Condominlun Plan. 1.11 "Common Assessment" means and refers to an Assessment duly made and levied by the Association against all Owners and their e<>ndominiums 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 t~ants-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 an4 refers to that period of time bepnning with the development by Declarant of the ProP+rtY and continuing until the sale and conveyance of all the Units developed by Declaradt on the Property. 3 1.14 "DeclarantU 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 "Declarationu means this instrument, as it may be amended from time to time. 1.16 "Exclusive Use Areau means and refers tp 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 DocumentsU means this Decl.-ation,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 thoso portions of the Property shown and described as such on the recorded CondominiUIni Plan covering the Property; provided, however, that the following are not part of the; Living Unit: bearing walls, columns, floors, roofs, foundations, central heating, ~tral refrigeration and central air conditioning equipment, reservoir tanks, pumps 8Ild 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 "ManagerU means and refers to any P.-son appointed or employed by the Association to manage and operate the affairs ot the Association and to carry out the Association's responsibilities with respect to the Cpmmon Area (and other portions of the Property as to which, pursuant to the provisions ot 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 "MortgageU means and refers to any seCurity device encumbering all or any portions of the Project or any Condominium locatled therein and as used herein the term "MortgageU shall include a deed of trust. 1.22 "MortgageeU 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 sdilers but excluding those having such interest merely as security for the performance of 811 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 certairl real property located in the County of San Luis Obispo, California, legally described abOve. 1.26 "Qualified Owner" or "Occupant" meaD.$ a person who is age 55 or older, a pennitted health care provider, or a "qualifi($i pennanentresident." 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 econotnic' support to the senior, and who has an ownership interest or expectation of ownerS~ interest in the Living Unit. For the purposes of qualified occupant, children can visi_ for periods of up to 60 days" but may not reside in a Living Unit, unless they are "quali6ed permanent residents." 1.27 "Senior Center" means and refers to the nieeting 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 n PROPERTY RIGHTS 2.1 Prooertv 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 Condominium. Ownershi, of each Condominium within the Property shall include a Living Unit; an undivi~ed interest in the Common Area, as specified in the deed to each Owner; Exclusive U,e Common Areas as designated in the Condominium Plan, including the right to use on. reserved carport; a membership in the Association; and any exclusive or nonexclusive easement or easements appurtenant to such Condominium over the Common Area as described in the Governing Documents, the Condominium Plan and the deed to a Living Unit. 2.3 No Seoarate ConVeyance. No Owner may sell, assign, lease or convey his or her (i) interest in the Common Area separate and apart from a Living Unit; (ii) theintcrest in any Exclusive Use Area separate and apart from ~ interest in the Common Area and the Living Unit; or (iii) the LiviDg Unit separate and apart from 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 tOt 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 ch..ge reasonable rental fees for the use of the facilities in the Senior Center; 2.4.2 The right of the Association to ~opt Rules and Regulations reJulating time and manner of use of the Common Area and the Senior Center; 2.4.3 The right of the Association to arant 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 interfete 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 J>e agreed, to by the Association, upon approval of at least sixty-seven percent (67%) of the Memberst and provided appropriate senior service facilities are maintained for the benefit of the Property. 2.5 Partition Prohibited. The Common ~ shall remain undivided as set forth above. Except as provided by California Civil Code f1359 or authorized un4er this Declaration, no Owner shall bring any action for J?arlition 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 ~ject. Judicial partition by sale of a single Condominium owned by two (2) or more Ptrsons 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 ib original construction, reconstruction, repair, settlement or shifting of the building, or ltny other similar cause. There shall be easements for the maintenance of said encroachn1bnts as long as they shall exist, and the rights and obligations of Owners shall not be altCted in any way by said encroaclunents, settlement or shifting; provided, however, thau in no 'event shall an easement for encroachment be created in favor of an Owner or10wners if said encroachment occurred due to the willful misconduct of said Owner or Owners. 2.7 Deleszation of Use. Except as limited by'Rules and Regulations adopted by the Association and California law regarding use of aae fifty-five (55) and older housing, any Owner may delegate his or her rights ofuse and .joyment of the Property, including the Senior Centert to the members of his or her family, his or her guests and tenants, and to 6 such other persons as may be pennitted 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. b$tead, 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 ofuse and enjoyment are,subjectto 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 Req~ire Confonpance to Ooyernina: Documents. Any lease, rental agreement or contract of sale entered into betwcten an Owner and a tenant or contract purchaser of a Unit shall require compliance by ttae tenant or contract purchaser with all of the covenants, conditions and restrictions coptained 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 Owher. The Association and each Owner shall have a right of action directly against any t~t or contract purchaser of an Owner, as well as against the Owner, for. nonperfonntfnce of any of the provisions of this Declaration to the same extent that such right of1action exists against such Owner. Any lease shall specify that failure to abide by such r. rovisions shall be a default under the agreement. Any lease executed by an owner. shal 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 enfo~ng the restrictions contained in this Declaration. The Association shall have standinJ to initiate legal action, including an eviction lawsuit under Code of Civil Procedure H 159, et seq., to evict tenants or lessees that the Association deems not to be a Quallfied Owners or Occupants or to be chronically in violation of the Governing DOCUIncftts. Before declaring a taumt 01' lessee to be a chronic violator of the Governing Do~ents, the Association shall conduct a hearing using the same procedure required befolC taking disciplinary action against an Owner. If the Association determines that the t.t or lessee is a chronic violator of the Governing Documents after notice and an opportPnity to be heard, the Association may, in its discretion, file an unlawful eviction in th4 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 Term. No Property shall be leased or rented for less than a thirty (30) day period. ' 2.10 Declarant's Constn1ction and Sales Righ.. 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 riJllts 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 fOrqled the Association which, acting alone or through its Board, officers, Manager, or any cluJy authorized agent or representative, shall constitute the "management body" within'the meaning of Section 1355 of the California Civil Code. 3.2 Membershi,p. Each Qualified Purchaser (."cluding Declarant as to any unsold or retained Condominium) shall automatically,' upon ,becoming an Owner of a Condominium, become a Member of the Associa1Jon and shall remain a Member thereof until he or she ceases to be an Owner. MembersJtip shall not include persons or entities that hold suchan interest in a Condominium merefy 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, p~ge 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 pr ownership is consistent with the age restrictions specified herein. Any attempt to make a prohibited transfer is void amd will not be reflected upon the books and records of ~e 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 app~t, 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 thereup<)n the old certificate outstaBdinJ in the name of the seller shall be null and void as thoughithe same had been surrendered. 3.5 Voting. The Association shall have two qlasses of voting membership: Class A and Class B. Class A Members shall be all M.bers with the exception of Declarant, and shall be entitled to one (1) vote for each meI11bership interest. When more than one Person holds the requisite interest in a CondomiUium for membership, all such Persons together shall possess one (1) membership in~ are considered one (1) .Member, and shall be entitled to cast one (1) vote as they amon, themselves shall determine. Declarant shall be the only Class B Member and shall ~ entitled to three (3) votes for each Condominium owned in the Project, provided, hqwever, that upon the happening of the first of either of the following, the Class B M~ 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 Proj~ 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 from 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 fractional 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 dWter 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 a~ority and consent of all other Owners of the same Condominium. In the event more lthan 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 formation of the ~ociation. 3.8 Election of Board of Directors. At the time of the first annual meeting of the Association and at each annual meeting th~, the Members thereof (including Declarant with respect to any unsold or retained'Q>ndominium) shall elect, in accordance with ~e Bylaws, a Board of Directors replacing; the, initial Board of Directors. In any such election, those persons, duly nominated and t. ualified to serve, receiving the Jreatest number of votes shall be elected. However, notwi ,tanding the above, in any election of the Board of Directors, in which both Class AM*bers 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 QeVertheless be deemed elected in place of the Person receiving the highest total vote neqessary to ensure that at all times from and after the first annual meeting of the Assoc~on, the Cl8ss A Members shall be entitled to have at least one representative on the Board of Directors. 3.9 Meetings. 3.9.1 Place of Meetings. Meetings of tho Association shall be held at a suitable location on the Project, or such other suitable pla~ 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 Meetinp. The first annutl meeting of the Association shall be held within six (6) months following the.close of4e first escrow to close for the sale of a Condominium on the Property. Thereafter, the Asfociation shall hold annual and special meetings at such times as shall be design~ted byjbe Bylaws, and shall conduct at such meetings such business as shall be provided for in fte Bylaws. 9 3.9.3 Notice of MeetiniZs. Declarant shall 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 al<+ne or through its Board, its officers, Manager, or other duly. authorized representati:~es or agents, in accordance with the provisions of the Governing Documents and .endments, changes and modifications thereto as may come into effect from time to time;, Such management ~ control Bhall be transferred from Declarant to the Associatioll with respect to the Project upon commencement of the first common asseSsment fdr 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 Assotiation may exercise any and all rights and powers hereinafter enumerated together with ~y and all rights and powers which are n~ or proper to maintain and keep the Project qualified as ,a senior housing community and in first-class condition and in a gqod state of repair, to enforce any of the provisions of this Declaration, the Bylaws or the ttules and Regulations duly adopted by the Board, and to carry out and perfonn its powers, and responsibilities. 4.3 Powers and Duties. The Association shall provide, perfoni1, cause to be perfonned, maintain, acquire, contract and/or pay for out of assessments for the Common Area all or any of the folIowing: 4.3.1 Utilities. Water, sewer, electrical, ps, and other necessary utility services for those portions of the Common Area maintained by the Association 4.3.2 Insurance. Such policies 'of ca~ality, liability and other insurance covering such Persons, property and risks as are Itlore particularly set forth in Article IX hereof. 4.3.3 Manaltement 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 detennine to be necessary or proper to the daily ~agement, operation and maintenance of the Project; provided that no contract for such $erVices shall be made and entered into which binds the Association for a period in exoess of one (1) year, except with the Approval by vote of a majority of the Members (not including Declarant) eligible to vote. 4.3.4 Materials. All supplies and matetials necessary or proper to the daily management, operation, and maintenance of th~ Project; provided, however, that no contract for such supplies and materials shall beJttade and entered into which binds the 10 association for a period in excess of one (1) year, except with ~ Approval by vote of the majority of the Members (not including Declarant) eligible to vote. 4.3.5 Mana2ell1ent SDace. All costs associated with the operation of those portions of the Common Area used by the Manager and other persons as are employed by the Association to provide for the daily operation and maintenance of the Project. 4.3.6 Reoairs: Maintenance: Recons~ction. Arrangements for cleaning, painting, maintenance, repairs, reconstrUction ."d replacement of and to all or any portion of the Project or the personal Property .ch is required to be cleaned, painted, maintained, repaired, reconstructed or replaced by the Association. 4.3.7 Gardening and Landscaping. Th. services of a gardener to maintain, renew and replace all or any portion of landscape4 areas, together with all tools, supplies, plants and equipment reasonably necessary for sU4h purpose. 4.3.8 Trash: Rubbish Collection. ThesC$rvices of a trash, rubbish and prbage collection company or agency, whether public ot private, for the purpose of promptly. regularly and efficiently collecting from desi~ed areas within the Project and removing from the Project all trash, rubbish, garbt4ge, and refuse. 4.3.9 Miscellaneous Services. Such other services for the use, enjoyment and protection of the Project and the residents thereof.-s the Association may determitte from time to time are responsible, proper or desirable. 4.3.10 Senior Housing Consultin2 Servi~. Consulting services and fees for the Association, its Bo~ officer and agents to en+e 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 Associati. complies with rules issued by the Department of Housing and Urban DeveloJ.]tnent regarding verification of age qualification of Owners and occupants through reliable surveys and affidavits. 4.3.11 Legal and Accounting. Legal and accounting services and fees for the Association, its Bo~ officers and agents, pnwided that said services and fees are incurred solely in connection with (i) the managt$ent, operation and maintenance of the Project, (ii) the perfonnance or enforcement (incl~ the collection or Assessments) of the provisions of this Declaration, the Articles, 0(') the Bylaws, (Hi) a protest or litigation to contest local real estate taxes levied against a enajority of the Condominiums, or (iv) litigation arising out of the condemnation of all or any portion of the Common Area. 4.3.12 Fidelity Bonds. Such fidelity bo~ or bonds naming the Board or the Association, its officers, Members, the Managet agents and/or such other person or Persons as may be designated by the Association: as principals ~ith the Association (as trustee) as the obligee. 11 4.4 Additional Authority. The Association, acting though its Board, officers or other duly authorized representatives, or agents, shall h.ve authority to: 4.4.1 Establish and publish uniform Rules and Regulations as may be deemed by them to be reasonable in comiection with the use, occupancy and maintenance of the Project and to alter, amend or modify such rul~ and regulations from time to time. A copy of such Rules and Regulations shall be distributed to each Owner; and posted in a conspicuous place near the Senior Center in sufficient form to enable those of limited sight to access them. Such Rules and Regulat{ons, and any amendment or revision thereof, shall be binding upon each Owner, and the family members, tenants, social guests, employees, servants, agents and invitee$ of an Owner, forty-eight (48) hours following such posting and distribution. ' 4.5 Delegation of Powers to ManaF. The ~ation 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 Managerlmayfurther be authorized to file any notice and take any legal action on behalf of the(<>wnets which filings or the taking of such action is within the authority of the AJsociation or the Board. NeitJaer the Association, nor the members of its Board, ndr its offic~ shall be liable 1br any omission or improper exercise by the Manager or lis or her staff of any such duty, power, or function so delegated. ' 4.6 Rimt of Entrv. The Manager or anyone or more qualified Persons desip,ted by the Association or the Manager shall have the tight and authority to enter upon and within any Unit, in the presence of the Owner theteofwhere reasonably possible, for the purpose of making emergency repairs therein; performing necessary maintenance or repairs to portions of the Common Area; abatfng any nuisance, or any dangerous, unauthorized, prohibited or unlawful activity beina conducted or maintained in such Unit; protecting the property rights and welfare of the <tther Owners; or for any other pmpose reasonably related to the perfonnance by the Association or the Manager of their responsibilities under the terms of this Declaration as the same may from time to time be amended or modified by the Association. Such ri~t 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 therepf wherever the circumstances permit. Any damages to a Unit or to the furniture, ~gs decorations or improvements contained therein resulting from the exercise of suQb 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 &alance sheets and operating (income) statements to be distributed to the Members as fo~ows: (a) Within sixty (60) days of the last day of the month closest in time to six (6) Jnonths 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 Asses$ments received or receivable itemized 12 by Unit number, Lot and the name of the Person or entity assessed; (b) Within sixty (60) days of the last day of the Association's fiscal year, the Board shall prepare and distribute, or cause to be prepared and distributed, a balance sheet as of said date and an operating statement for said fiscal year. ' 4.8 Financial Records and Accounts: In$oectiQn. The Secretary and Treasurer, and/or such other officers of the Association as may ftom time to time be designated by the Board, shall keep or cause to be keptdetaiIed rtcords of the actions of the Board, the officers of the Association, and its agents,minut$ of the meetings of the Board, officers and Owners and financial records and books of fccount of the Association, including a chronological listing of .all receipts and expendttures' of common funds, as well as a separate schedule of Assessments received or recleivable 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 Suspensjon of Right. The Board of Diredtors of the Association shall have the right to suspend the voting rights and rights to usa the Senior Center by any Member and his or her family, tenants, social guests or in\1Jees, for any period during wllich an Assessment against his or her Condominium is detmcluent, and for a per;iod not to exceed thirty (30) days for each single infraction of the R;Ies and Regulations of the Association committed by such Member or the Member's fa4illy, tenants, social guests or iDvitees, provided that any suspension of such voting rigtts or right to use said Senior Center, except for failure to pay Assessments, shall be +cte 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 end the Member shall be acconled the right to appeal within fifteen (15) days the Board'. decision (if adverse to such Member) to the entire membership of the Association at a'~al meeting duly noticed and held. A majority of the Members present at such meeti.g shall have the power to detlennine whether such Member has violated the Rules anet Regulations and whether the Board's decision to suspend voting and/or use rights ~l become effective, subject to such modification as the Members may, in their discretion, impose, but in no event sMlI any suspension of voting and/or use rights for any infrAction of the Rules and ROJUlations be for a period in excess of thirty (30) days. In additi~n, in no event shall any suspension of voting and/or use rights relieve any Member qf the duty to pay Assessments such Member may be obliged to pay as an Owner. ' 4.10 Enforcement of~nded Obliptions. The Qoard shall have the right to enforce the obligation of the Declarant under any bond or oth.. arrangement naming the Association as' obligee, which may be procured to secure the ;erformance of the commitment of the Declarant to complete any and all improvettlentl to the Common Area iJl,c1uding the Senior Center (the "Completion Bond~'). In the evimt (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 (lO) 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 appea1the Soatd's decision, or to consider and vote on the question of enforcing the obligations under . Completion Bond in the event of the Board's failure to do so, at a special meeting ot the Members of the Association duly called and held not less than fifteen (15) nor mote 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 tot4 voting power of the Association. The vote of a majority of the Class A Members of tbp 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 . No director, officer, committee member, employee, or other agent of the Associa n, shall be liable to any Owner or any other party, including the Association, for any _age, loss, or prejudice suffered or claimed on account of any act, omission, error, Of negligence of any such penon if such person has acted in good faith and in a manner ~h person reasonably believed to be in the best interests of the Association, pursuant to Ollifomia Corporations Code ~7231 and California Civi~ Code ~1365.7. 4.12 Indemnification. The Association shall and does hereby indemnify the Board (and each memberthereot), the officers of ther Association, (and each of them), the Manger and each member of his or her staff, and ,*h of the agents or employees of the Association or the Board, against all expenses mid liabilities, including attorneys' fees, reasonably incurred by such Person or Persons in connection with any proceecting to which he or she may be a party, by reason of his pr 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 Alty of fraud, gross negliaence, or bad faith in the performance of his or her duties. 1)e indemnification authorized by this Section shall include payment ot(i) reasonable attpmeys' fees or other expenses incurred in settling any claim or threatened action or in~ in any finally adjudicated legal proceeding; and (ii) expenses incurred in the removal of any liens affecting my property of the indemnitee. Indemnification shall be made trom assets of the Association, and no Owner shall be personally liable to any indemnitC4 This Section shall inure to the benefit of Declarant, the Association, the members of ~ Board, the employees and agents of Declarant and the Association, and their res~ve heirs, executors, administrators, successors and assigns. 4.13 Personal Prooertv of Associatiop. The Assbciation may acquire and hold tangible and intangible personal property and may dispose dfthe same by sale or otherwise. 14 4.14 Non-Profit Character and, Senior HQpSin~ Oua1ification. Notwithstanding anything contained in this Declaration to the contiary, 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 Attornev-in-Fact for Qwners. The Association is hereby irrevocably appointed attorney-in-fact for the ~ers of each and every Condominimn to manage, control and deal with the interest of sue. Owners in the Common Area 80 as to pennit the Association'to fulfill all of its duties add'obligations hereunder and to exercise all of its rights hereunder, to deal with and handl, insurance and insurance proceeds and condemnation awards as hereinafter provided. Th~ acceptance by any Person or entity of any interest in any Condominiwn shall constitute ~ appointment to the Association as an attorney-in-fact as provided herein. 4.16 Verification of Qualified Owners and Ocqtpants. The Association shall, or shall contract with a P.erson to, perform verification;procedures to ensure that the Project complies with state and federal law regarding n$mtenance of senior housing facilities. Such verification shall include,. without Iim.itatio~ verification of occupancy and age of Owners and occupants through reliable surveys ud affidavits. The Association shall develop a procedure through its Rules and Regu1~ons for regularly determining the ages of residents and ensurinS that at least on occupan. 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 le_t every two years. 4.17 Maintenance of Senior Faciliti~.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 designe4 to meet the physical and lOCial needs of the Owners by providing Common Area improvements and maintenance of same such as: 4.17.1 Entryways, walkways, and haliways 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 Persohs who have diffi~ty with walking. 4.17.3 Walkways and hallways in the Common Area shall have lighting conditions, which are of sufficient brightness to as,ist 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 elevat<t' or sloped walking ramps. 15 , 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 e$ seq.), the Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.), and the replations promulgated at Title 24 of the California Code of Regulations which relate to iaccess for persons with disabilities or handicaps. ARTICLE V ASSESSMENTS 5.1 Creation of the Lien and Personal Obli28ti~n Qf Assessments. Each Owner of any Condominium by acceptance of a deed therefor, *hether it shall be' so expressed in such deed, is deemed to covenant and agree to ~y to the Association: (1) Common Assessments or charges, (2) Capital Assessmentsifor purposes pennitted herein, and (3) Special Assessments, to be established and collected as provided herem and pursuant to California law. Common, Capital and Special ASsessments charged for damage to the Common Area, together with late charges, interett, costs and attorneys' fees. shall be a charge on the Condominium and shall be a coptinuing lien upon same, Whidl shall become effective upon recordation of a lien or ~tice of delinquent assessment. Each such Assessment together with late charges, inter'e$t, costs, and reasonable attorneys' fees, shall also be the personal obligation of the Person ~ho was the Owner of such Unit at the time when the Assessment was levied. No Member may exempt himself frOm 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 Assessmefts levied by the Association shall be used to promote the economic interest, recreation, health, safety, and welfare of all the Qualified Own~ and Occupants in the entire Project and for the improvement and maintenance of the Common Area and those othet portions of the Property for which the Association is responsible and for the common gockiof the Project. 5.3 Common Assessments. The Board of ~rs shall determine and fix the amount of Common Assessments against each Unit in accordance with the procedures described below. 5.3.1 Pnataration of Annual Buds;et. Not less than forty-five,(4S) nor more than sixty (60) days prior to the beginning of ~ 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 (in~luding 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 ~d Capital Assessments. The Board of Directors of the Association may not impose a " ommon Assessment that is more than twenty percent (20%) greater than the Common ~Assessment for the Association's prior fiscal year or impose Capital Assessments whi~ in aggregate' exceed five percent (5%) of the budgeted gross expenses of the Associ,tion for tha~ fiScal year without the approval of Owners casting a majority of the JVotes at a meeting or election of the Association at which a quorum is present. Thf.s 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 expeqse necessary to repair or maintain the Common Area for which the Association is respoDsible 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 reaso~ly foreseen by the Board in preparing and distributing the current year's operating budget. 5.3.3 Required Notice of Assessm~. Whenever there is an increase in Common or Capital Assessments of the A " tion, all Members shall be notified by first-class mail, not less than thirty (30) nor mbre than sixty (60) days prior to the increased Assessment becoming due. 5.4 Ca ital Ass ts for . r x . The Board may levy, in any Assessment year, ae 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,iincluding 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 majotity 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 ~ua1ly fix the amount to be contributed pro-rata by each Member to reserve funds for'th. purpose of defrayin& in whole or in part, the cost or estimated cost of any reco$struction, repair or replacement of improvements, including fixtures and personal property related thereto. Such 17 detennination 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 payQlent of such Assessments and shall be empowered to permit either lump sum or montbIy 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 Nonoavment of Assessments. ~ents are delinquent fifteen (15) days after they become due. A late charge noJ exceeding.ten percent (10%) of the delinquent Assessment or ten dollars ($ 1 0), whi<J,.ever is grc;mer shall be imposed upon any delinquent payment. Interest on delinquent fA.ssessments and late charges shall be imposed at an annual percentage rate of tWelve pcJcent (12%) interest commencing thirty (30) days after the Assessments become due. (.ate ,charges and interest on past due amounts may, be modified by the Board in accor<tance with any changes permitted by state law. The Association shall also be entitled t4 charge attorneys' fees and costs in the collection of delinquent assessments, as provided by law. 5.8 Transfer of Unit bv Sale or Foreclosqre. Sale or transfer of any Unit shall not affect the Assessment lien. However, the sa1~ of any Unit pursuant to Mortgage foreclosure of a first Mortgage shall extinguis4 the lien of such As$esImenta as to payments which became due prior to such sale or transfer (except for Assessment liens recorded prior to the Mortgage). No sale or ~ shall relieve such Unit from liability for any Assessments thereafter becomi~g due or ftbm 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 noti'* in writing by certified mail of the fee and penalty procedures of the Association for ~llection of Assessments, p,rovide an itemized statement of the charged owed, includin. principal, late charges and the method of calculation, any attorneys' fees and collectictn practices used by the Association, pursuant to Civil Code~1367.1(a). If an Owner ~ls to pay the amounts set forth in the pre-lien letter within thirty (30) days of the date of the letter, the Association or im agent may record a lien for the amount of any delinq~t Assessments, late charges, interest and/or cost of collection, includingattomeys' f~, against the Condominium of the delinquent Owner,' which shall be subordinate to Ithe lien of any first Mortpge or first deed of trust upon any Condominium. The Ownes: 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 offi*, of the Association or any agent designated by the AssociatiC)n shall sign the lien. .t\. copy of the lien shall be mailed to all record Owners no later than ten (10) calendar days'after recordation. 5.9.1 Pavment 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 assessmtmts, 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 permitted by law, including sale by the court, sal., by the trustee designated in the notice of delinquent Assessment, or sale by a trustee fubstituted pursuant to California Civil Code ~2934(a). Any sale shall be conducted in; accordance with the provisions of ~~ 2924, 2924(b), 2924(c), 2924(f), 2924(g) and 2924(h) of the California Civil Code, or any successor statutes thereto, applicable to the dxercise of powers of sale in mortgages and deeds of trust, or in any other manner P.-mitted by law. Nothing herein shall preclude the Association from bringing an action Clirect1y 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 C<Jidominium at foreclosure sale, and to acquire and hol~ lease, Mortgage, and convey thd same. S.9.3 Collection of Assessments from T~ 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 notificatioa to the lessee by the Association of the default, the ICSS!l'C shall pay the monthly Assessments directly to the Association. Any Assessments paid,by les$ee 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 ofthe:default, the Assessment shall become a personal obligation of the lessee and may be coll1ded by the same methods that may be utilized to collect delinquent assessments from an Owner. S.10 SDecial 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 ~tances described below, provided that no Special Assessments may be imposed agaiJtst an Owner until the Owner has been afforded notice and the opportunity for a hearin& an~ 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 Dama2e to Common ~ or C<mpnon ~acilities. In the event tIlat any damage to, or destruction of, any portion of the Common Area or the improwments located thereon, including any portion of the Unit which the Association is oblipted 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, !)r any of his or her' tenants, guests, servants, employees, licensees or invitees, the Bo+nt shall cause the same to be repaired or replaced, and all costs and expenses incurredin~nnection therewith (to the extent not compensated by insurance proceeds) sm.I1 be ass~ 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 EXl>enses Incurred in Gainin2 Mtmber 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 (includin, reasonable fines and penalties duly imposed hereunder, title company fees, accountiPg fees, and reasonable attorneys' fees) shall be assessed and charged solely to and agaiml such Owner as a Special Assessment. 5.10.3 Chanlle of Occupancy. ' A chang, of occupancy charge may be assessed against each Condominium at the time escrow cJPses 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 fut' the purpose of covering the reasonable and necessary expenses incurred by the Assopiation as a result of the change of ownership or possession of the Condominium,. in~luding verification of age qualification of intended occupant. The charge shall be in an adlount to be reasonably determined from time to time by the Board. 5.11 Levy of Special Assessment and Pavment. Once a Special Assessment has been levied against an Owner for any reason descn~ and subject to the conditions imposed in this Section 5.11, such Special Assessment smal be recorded on the Owner's account, notice thereof shall be mailed to the affected ~er and the Special Assessmeat shall thereafter be due as a separate debt of the Owner Jayable in full to the Association within thirty (30) days after the mailing of notice of tij, Assessment. Pursuant to Civil Code ~ 1367.1, Special Assessments for damage to the ~mmon Area or Senior Center may be collected through the lien and foreclosure proceedings provided herein. ARTICLE VI MAINTENANCE RESPONSIBILITIES 6.1 Common Area Maintenance. The Associ~on shall be solely responsible for all maintenance, repair, upkeep and replacement oflthe Common Area including, but not limited to: 6.1.1 The Senior Center and any other pqrtion of the Common Area specifically designed to further the physical and social needs of Qualified Owners and Occupmts 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 ,*ched on an annual basis or according to the maintenance schedule adopted by the Board 8etting forth the minimum standards of maintenance for such areas. 6.1.3 The landscaping located within the Common Area. 20 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 m~ce schedule adopted by the Board setting forth the minimum standards of maintenance for such the storm drain and associated system., but no less than annually. No person other than the Association or its duly authorized agents shall construct, reconstruct, refinish, alter or maintain any' intn'ovement upon, or shall create any excavation or fill or change the natural or e~stingdrainage of any portion of the Common Area and the Senior Center. In additio., no person shall remove or install any tree, shrub or other vegetation from, or constru+t any nnprovement, or store any item upon the Common Area or the Senior Center wlthout the prior written approval of the Association. 6.2 Owner Maintenance Resoonsibilities. &ch Owner of a Living Unit shall be responsible for the maintenance and repair of thejglass doors and windows enclosing his or her Living Unit, the exterior of his or her Livi.. Unit and the interior of all other areas which he or she has the exclusive riabt to use, ilJeluding any landscaping therein. Each Owner shall also be responsible for the maintenan~ and repair of the plumbina, electrical and heating systems servicing his or her Living lfnit or any of his or her Exclusive Use Areas and located within or undemeath the outsid~ perimeter of the exterior bearing walls of said Living {lnit, or Exclusive Use Areas, inq'luding television cable equipment and connections and all appliances and equipment lodlted in said Living Unit and Exclusive Use Areas. 6.3 Recoverv of Costs of Certain Repairs ~ Maintenance. In the event that an Owner fails to perform maintenance functions ~ which he or she is respot1Sible under Section 6.2, above, the Association may give wri~ notice to the offending Owner with a request to correct the failure within fifteen (lS) 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 ha$ 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 COQnerative Maintenance Obliption~. To the extent necessary or desirable to accomplish the' Association's maintenanCe obligatipns hereunder, Owners shall coeperate with the Association and its agents and maintenatlce penonnel in the prosecutioll of its work. ARTICLE vn USE RESTRICTIONS 7.1 Obli~tion 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 lIith 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 Familv Residential Use. 'To the maximum extent allowed by the laws of the state of California, each and every Li'ring 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 ~ants. Specifically, at least one (1) resident in each Living Unit m,ust be fifty-five (55) years of age or older (senior) and every other resident (a qualified pennanent resideilt) 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 primaryphysica1 or ~nomic 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 "cohabitabt" of the senior if the person and the senior live together as husband and wife. If the tenior'dies, is hospitalized, or is absent from the complex for a prolonged period, or ifth~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 oth~se bas 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 s~ified periods not to exceed sixty (60) days in any twelve (12) month period. The ~ciation is and shall be empowCll'ed 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 ~ as designated on the Condominium Plan are to be used for parking and storage of au~motive passenger vehicles. Paricing in designated tire lanes is prohibited. All fire lanes 1 shall be posted and enforced 1hrough applicable Police and Fire Department IUles fIld guidelines. Parking in locations designated handiCapped parking shall be limited tP individuals with a valid handicapped ,parking permit. Storage is not permitted in the ~rts. No commercial truck, camper, trailer, boat, recreatiorial vehicle, or other similar) vehicles or related equipment may be parked within the Common Area, except teritpoiarily for loading or unloading for no more than 24 hours, unless a longer time is petmitted by the Board for exteauating circumstances. Such prohibited vehicles may be p~ed 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 vehicl. in the Common Area by Owners and residents, guest parkin& enforcement such as towUlg, and other rules to control parking. 7.4 Uninsurable UseofProoerty. No Living Unit nor any portion of the Common Area shall be occupied or used for any pmpose or in any manner which shall cause improvements thereon to be uninsurable against lqss 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 U~ 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 resporutble 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 othetwise be aggressive towaids or make unreasonable noise so as to disturb other residen.. The Board reserves the right to have any such pets which violates these restrictions ot additional rules adopted by the Board removed from the Property. 7.6 Nuisance. No Living Unit shall be used ill 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 permitted to occur in any Living Unit. 7. 7 ~. No signs other than one (1) sign npt to exceed reasonable and customary dimensions advertising a Condominiwn for sale qr lease shall be erected or displayed in any Living Unit so that it is visible from outsi.e 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 Vse Areas. No satellite dish shall be iIistalled 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 I ~6 and any rules implemented by the Federal Communication Commission.' These restrictions and the Association's niles are subject to change based on applicable ,federal' and/or state law. 7.9 Decks and Balconies. Each Owner shall ~ve the right to place furniture, potted plants and other items as permitted by the rules adopted by the Board, upon the deck, balcony or patio which he or she has the exclU$ive right to use. Such items shall be installed with appropriate care so as to prevent premature deterioration of the decks; balconies and patios. Nothing herein contained s~l give, the Owner the right to paint, decorate, remodel, landscape or adorn, any deck ot balcony or any other part or parcel of the Common Area without the written consent of the Architectural Review Committee or the Board. 23 7.10 Structural Integrity of Buildings. Nothing shall be done in any Living Unit or in, on, or to, the Common Area that will impair the structw'a1 integrity of any building, or which would structurally change any building l~edtherein. Nothing shall be altered or constructed in or removed from the Common Area, including protruding through or attaching fixtures to walls, ceilings or other parts of the buildings from the interior, except upon the prior written consent of the Board. ' 7.11 Garbage Cans and Trash. Refuse collection shall be provided in a manner that requires a minimum of physical exertion by ~dents. All equipment, garbase cans, wood piles or storage piles' shall be kept scr~ and concealed from p11blic view, including vi~ of neighboring Living Units, streets and Common Area with landscaping or other appropriate screening materials. All trashfnclosures. shall be made of masonry or concrete with an exterior finish approved by the Architectural Review Committee. The trash enclosure area shall be large enough to accpmmodate recycling containers. Trash enclosutes are reserved exclusively for d\urip$er and recycling container storage. Miscellaneous tires, auto parts, boxes" bins, raclfs, etc. shall not be placed within the enclosure. All rubbish, trash or garbag~ shall be reJularly removed ftom each LiviDg Unit and shall not be allowed to accumulate thereon or .n 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 authori2Jed by the Board. 7.13 Exterior Clothes Lines. No exterior clothClSlines 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, bbbby shops or carpenter shops shall be maintained' on the Property, except that tools 00. mllchinery normally associated with residential use and not used for business purposesimay be used. However, such may not be used so as to unreasonably disturb sUlTOundinl residents. No automobile overhaul or maintenance work, other than emergency work, sh.ll be permitted on the Property. 7.15 Use of Common Area. The Common ~ 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 purposes: 7.15.1 affording vehicular passage and pedestrian movement within the Property, including access to the Living Units; 7.15.2 recreational, community, and serp.ior 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 landscapirJg and such other means as the Board shall deem appropriate; 24 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, pan41, plaster, tile and finish the interior surfaces of the ceilings, floors, window frames, <4>or frames, trim and perimeter walls of the Living Unit and the surfaces of the bearing walls and partitions located witJain 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 AACHITECI'URAL CONTROL 8.1 1m rovements in G l' 0 ew. No improvement (as defined in Section 8.2 below) 0 any kind shall be commeDCed, erected or maintained within the Property, nor shall~y exterior addition to or chmge or alteration be made to the exterior of any Unit Or Common Area until the plans and specifications showing the nature, color, kind, slape, height (including front, side and rear elevations), materials, and location of the qrne shall have been submitted to and approved in writing by the Association's Archit~ Review Commi!tee as to quality of workmanship and materials, harmony of ex~ design and location in relation to surrounding structures, setback lines, topogratity, color scheme and finish grade elevation. 8.2 Immovement 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 equjpment, antennas, utility lines, or any structure of any kind. In no event shall the tenn "inprovement" be interpreted to include projects which are restricted to the Unit interior mld which do not involve the attadunent to or alteration of the roof or any load bearing walfthereof. 8.3 Apt'Ointment of Architectural R~ew Coqwrlttee. The Board of Directors may appoint an Architectural Review Committee com;osed 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 term of one year, however, the Boani shall have the right to remove and appoint Committee Il1ett1bers at any time. In the event of the death or resignation of any Member of the Architeptural Review Committee, a successor shall be appointed by the Board. Neither the~embers of the Committee Dor its designated representatives shall be entitled to anyl compensation for services peri)nned pursuant hereto, other than reimbursement for actu~ expenses incurred by the Committee or any individual member thereof. 25 8.4 Submission of Plans: Action bv CommitteJ'. Plans and specifications for the proposed Improvement shall be submitted to the Architectural Review Committee by personal delivery, regular mail or certified maiJ to the property manager's office, or directly to the secretary of the Association or th. chairman of the Architectural Review Committee~ In the event the Committee fails to ~prove or disapprove such design and location within forty-five (45) days after said pl~ and specifications have been received by it, the date of which shall be determined by th~ Committee, an Owner requesting said approval may submit a written notice to the Bqard advising them of the Committee's failure to so approve or disapprove. If the ConunJttee still fails to approve or disapprove said plans, within thirty (30) days after the receipt of said notice from the Owner, said plans shall be deemed .to have been approvect. The Committee may place certain conditions of approval or requests for modificati.n 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, from time to time adopt, amend $I repeal' Rules and Regulations'to be known as "Architectural Rules" or "Guidelines". $aid roles shall interpret and implement the provisions of this Declaration by setting fo~ the standards and procedures for the review and approval of proposed Improvements and guidelines for architectural design, handicap access and accommodation, .placement ,of any work of Improvement or color schemes, exterior finishes and materials and similfr features which are recommended for use Within the Property, provided that said rolfg shall not fall below the minimum standards required by this Declaration. In ther event of any contlict between the Architectural Rules and this DeClaration, the Declltation shall prevail. 8.6 Variances. The Architectural Review Qommittee shall be entitled to allow reasonable variances with respect to this Article VIII to overcome practical diffia1lties, avoid unnecessary expense, prevent unnecesstUY hardships, or to accommodate handicapping or otherwise disabling or physi~ly limiting conditions provided the following conditions are met: 8.6.1 If the requested variance will necetlsitate deviation from, or modification of, a property use restriction that would otherwjse apply under this Declaration, the Committee must conduct a hearing on the proposejJ variance after giving at least ten (10) days prior written notice to the Board and to alI!Owners of Units within one hundred (100) feet of the property for which the variance applies. The Owners receiving notice of the proposed variance shall have thirty (30) day$ 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 variaice until the thirty (30) day comment period has expired; 8.6.2 The Committee must make a good faith determination that: (1) the requested variance does not constitute a material: deviation from the overall plan and scheme of development within the Property or frdm 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 ltor any Member thereof shall be liable to the Association, any Owner, or to any other ptrty, for any damage, loss or prejudice suffered or claimed on account of (a) the approv~ or disapproval of any plans, drawings, or specifications, or (b) the construction or perfo~ce of any work, whether pursuant to approved plans, drawings and specifications; provWed 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, inclucijng building ordinance endorsenlent, if available, and any other riders deemed by the Bod to be appropriate; 9.1.2 Liability., A comprehensive pubIicHiability insurance policy insuring the Association, its agents, and the Owners and o~ants of the Condominiums and theit respective family members, guests,' invitees, and 4gents against any liability incident to the ownership or use of the Common Area or any qther Association owned or maintained real or personal property, in the sum of at least tw~ million dollars ($2,000,000), or other minimum required by law so as to maximize protedtion to the Association; 9.1.3 Worker's Compensation. WorkO"s Compensation insurance in the amount at least equal to statutory requirements; , 9.1.4 Directors Liability. The Board aay purchase Officers and Directors liability insurance if deemed advisable and otherwi.e availabte for purchase; 9.1.5 Other Insurance. Such other insurance as the Board in its discretion considers necessary or advisable. The amount, terIIf, and coverage of any policy required hereunder (including the type of endorsements,th<< amount of the deductible, the named insureds, the loss payees, standard Mortgage ,lauses, and notices of changes or cancellations) shall be no less than that which is ~tomary 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 pf the Owners in connection with all insurance matters arising from any insurance p,olicy maintained by the Association, including, without limitation, representing the OWners in any proceeding, negotiation, settlement, or agreements. . 9.3 Waiver of Subro!Zation. Any insurance maintained by the Association shall contain a waiver of subrogation as to the' Assoeiation and its officers, directors, and Members, the Owners and occupants of the C*<1ominiums and Mortgagees, and, if obtainable, a cross-liability or severability of inteJeSt endorsement insuring each insured against liability to each other insured. The Asso4iation shall periodically (and DOt less than once every three (3) years) review all if1surance policies maintained by the Association to detennine the adequacy of the\coverage and to adjust the policies accordingly. All individually owned insurance shah contain a waiver of subrogation as to the Association and its officers, directors, and M~bers, of the Owners and Occupents of the Condominiums and of Mortgagees. 9A 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 Associa4ion'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 liabili~ insurance covering the contents and ~. interior of their individual Living Units. In~on, any improvements made by an Owner within his or her Unit may be separately insPred by an Owner, but the insurance is to be limited to the type and nature of cov4rage commonly known as tenant's improvements. Any Owner failing to purchase satd insurance waives any claim helshe may have against the Association for damage to thO interior of his or her Unit, arising out of negligence, nuisance, or breach of contract on 1Jte part of the Association, so long as the damage or loss would have been covered under p 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 fiiIure of a component of the Common Area, absent gross negligence or willful nuSconduct on the part of the Association. 28 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 desisnated for the repair or replac:ement of capital improvements which have been damage4 are sufficient to cover not less than eighty-five percent (85%) of the costs of repair land reconstruction, the improvements shall be promptly rebuilt unless, within ninety ('0) days from the date of destruction, Owners .then holding at least seventy-five per~t (75%) of the total voting power of Owners present and entitled to vote, in person or ~y proxy, at a duly constituted meeting or voting by written ballot, determine that repair ~d reconstruction shall not take place. If such a meeting is called, the Association shall sblicit and obtain bids from at least two reputable contractors, to repair and reconstruct th~ 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 Asso<fation shall be required to execute, acknowledge, and record in the office of the Count&' Recorder of San Luis Obispo County not later than one hundred and twenty (120) clays from the date of destruction, a certificate declaring the intention of the Owners to rebuild. 10.2 Destruction: Proceeds Less Than 85% of ~~~~on Costs. If the proceeds of insurance carried plus reserve accoWlt funds d, . pat<<i for the repair or replacement of capital improvements which have been dama8ed are 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 the.u 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 front at least two reputable contractors to repair and reconstruct the improvements in accor4mce with the original plans and shall present this information to the Owners at the meeting. If repair and reconstruction are to take place, the Association shall execute, acknowJedge, and record in the ofticeof the County Recorder of San Luis Obispo County not lI_er than one hundred and twenty (120) days from the date of destruction a certificate ded1aring the intention of the Owners to rebuild. 10.3 ADJX>rtionment of Assessments. If the Owners determine 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 rest.ration over and above the available insurance proceeds. The Association may levy<< Capital Assessment for the oost of restoration or reconstruction over and above the, insurance proceeds, which may be enforced under the lien provisions contained in this Declaration. 10.4 Rebuildinll Contract. If the Owners determine to rebuild, the Board or its authorized repres~tative 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 terms 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 Owner$ determine not to rebuild, then, subject to the rights of Mortgagees, any insurance proceJeds then available for such rebuilding shall be distributed to each Owner (of an uninhabitable ~aged Unit which is not to be rebuilt) according to the -relative fair market val. of their Condominiums. The Board shall select an independent appraiser who shall be ~ Member of the Society ofRea1 Estate Appraisers ("SREA") or other nationally recosnfzed appraisers' orgllnization aIld who shall detennine such relative values in accordance with the standards of such organizations as of a date immediately prior to s1Wh destruction. The As$ociatioo shall have the duty, within one hundred and twenty (12~) days from the date of destruction, to execute, acknowledge, and record in the office of the County Recorder of Sm Luis Obispo County, a certificate declaring the intentiorl of the Owners not to rebuild. 10.6 Minor Repair and Reconstruction. The ~iation shall have the duty to repair and reconstruct improvements, without the consdnt 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 do~ not exceed $20,000 in the aase of Common Area improvements. The Association ~ levy' a Capital Assessment for the cost of repairing and reconstructing improvementf to the extent insurance proceeds are unavailable, such Assessment to be levied as d~bed in Section 10.3, above (but without the consent or approval of Owners, detpite any contrary provisions in this Declaration). 10.7 Revival of Right to Partitiou. On recordation of a certificate described .in Section 10.5, above, the right of any Owner to partitionithrough legal action as described in Article II, Section 2.5, shall revive immediately. 111 addition, each Owner, by accepting a deed to a Condominium, grants to the Associatioe an irrevocable power of attorney to sell the entire Project for the benefit of the OwneI'f, to terminate the Declaration, and to ' dissolve the Association. The net proceeds follo~g sale of the Project and dissolution of the Association shall be distributed to the Own~in the same manner that insurance proceeds are distributed under Section 10.5, abotve, with all Owners sharing in said proceeds as set forth therein. ARTICLE Xl CONDEMNATION 11.1 Sale by Unanimous Consent. If an action f.r condemnation of all or a portion of the Property is proposed or threatened by anygovemmental agency having the risht of eminent domain, then, on unanimous written conse.tt of all the Owners and after notice to all Mortgagees, the Property, or a portion of it lbay 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 Reservatjon of Riaht to Vary CotQ!Jlinium PI8J!. Notwithstanding any provision of this Declaration, ,fora period of ven (7) years from the date of the recordation of the sale of the first Condominium, ~ wrti1 one (I) year subsequent to the sale and recordation of the finaI Condominium to ~ sold in the Project, whichever occurs earlier, Declarant reserves unto itself the exclusilve right to amend any Condominium Plan by varying (i) the size, shape or location of fteunsold Units and the diapammatic floor plans, locations and/or dimensions of unsol4 Units, built or to be built; andlor (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 qy reference), shall thereby constitute and irrevocably appoint Declarant, as his or her ~rney-in-fact and agent for the purpose of executing and acknowledging on behalf of the f>wner' of such Condominium aay and all amendments to the Condominium Plan deem~ necessary by Declarant to confonn same to variances determined or approved by Declarant hereunder. The limited reservation and power of attorney described in ~ Article is reserved and accepted by Declarant in order to insure unintenupted progr. in the construction and development of the p.roject, for the benefit of all Owners (inclu4ing Declarant) and in order that there be convenient methods of compliance with ~13S~ of the California Civil Code ilr the convenience of the Owners. By reason of the foreBPing, 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, ~eir heirs, assigns and successors in interest. Each Owner, for himself or herself, his. or her successor or assigns, hereby covenants, wammts and agrees that in any documctnt of conveyance he will execute and deliver for the purpose of transferring the Ownersljip of his or her Condomiaium or any interest therein to a successor, he will require that tnlch successor undertake to be bound by and comply with all of the requirements of this ~cle, including but not limited to the appointment of Declarant as such successor's le~ attorney-in-fact for the purposes of this Article, but a failure of any Owner to SOl provide in any such document of conveyance shall not derogate from Declarant's riglts hereunder or the power of attorney it holds by virtue of the provisions hereof. 33 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 tenus apportion thesaIe proceeds among the Owners and their respective Mortgagees, the Board shall ;select an independent SREA appraiser who shall determine the relative fair market valu+ of the Condominiums affected by the . sale, in accordance with SREA standards. The sale proceeqs shall then be apportioned among the Owners, and their respective Mortgage+s according to such relative values. 11.3 Distribution of Condemnation Award. If the Property, or a portion of it, is not sold, but is instead taken, the judgment of condcqnation shall' by its terms apportion the award among the Owners and their respective Mortgagees. 11.4 if Co tion w A' ed. If the judgment of ' condemnation does not by its terms apportion award among the Own.-s and their respective Mortgagees, the Board shall select an i,dependent SREA appraiser who shall determine the relative fair market values of ' the Condominiums affected by the condemnation, in accordance with SREA standardJ. The award shall then be apportioned among the Owners, and their respective MortgageeS, according to such relative values. ARTICLE XU PROTECTION OF LENDERS; SALES AND TRANSFERS 12.1 Assessment Lien SuborcljnaWd. Any lien ~ under the provisions of Article V hereof shall be subject and subordinate to the riglits of any Mortgagee of any recorded first Mortgage or second Mortgage (which shall include a "wrap-around" or "all- inclusive" Mortgage) upon any Condominium ~ in good faith and for value. No lien created or claimed under the provisions. of Artic~ V hereof shall in any way defeat, invalidate or impair the rights of any Mortgagee ~ 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 DeclaratiQn. No amendm~t 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 su4h Mortgage is recorded prior to the recordation of such amendment; and provided furthtr that the benefit of this SeCtion shall not' apply to the Mortgagee of any such Mortgage t such Mortgagee shall (i) join in the execution of such amendment or (ii) approve said azhendment in writing. 12.3 Default by Owner: Mortga~ee Right to V<fe. In the event of a default by any Owner under a first or second Mortgage encumbeQng said Owner's Condomini~ the Mortgagee under said Mortgage in default (or if, both Mortgages are in default, the Mortgagee under the first Mortgage) sl1all, upon (i) giving in written notice to said defaulting Owner, (ii) recording a Notice of Default in. accordance with Section 2924 of 31 the California Civil Code and (iii) delivering a copy of such recorded Notice of Default to the Association, have the right to exercise the vote of said Owner at any regular or special meeting of the Association held only during such period as said default may continue. 12.4 Breach. No breach of any provision of this Declaration shall impair or invalidate the lien of any recorded Mortgage made in good faith and for value and encumbering any Condominium. 12.5 Notification as to Mortngees. Each Owaer shall notify the Board through the Secretary or Manager of the Association of the ~e and address of the holders of all . Mortgages encumbering such Owner's Condomqum. Each Owner shall likewise notify the Board through the Secretary or Manager o. the Association as to the release or discharge of any such Mortgages. In addition, the hold~ of any Mortgage encumbering a Condominium within the Project may notify thesPard through the Secretary or Manager of the Association of such holder's identity pmd address and description of the Condominium that such holder's Mortgage encum~.; The Board shall maintain a record of the names and addresses of the holders of M~gages as to which it receives, notice pursuant to the provisions of this Section and fhall provide the holders of all such Mortgages as to which it receives notiCe pursuant; to the provisions of this Section with the following written notification: (a) written notif1cation at least thirty (30) days prior to the effective date of any change in this Dec~on or the Condominium Plaas; (b) written notification of any default by an Owner of the obligations of such Owner established by this Declaration, the Articles of the !Bylaws; provided, however, thtt such written notification shall be provided only to holdcb of Mortgages, which encumber the Condominium owned by the Owner in default. 12.6 Exchan2e of Information. It is hereby agreed that any Mortgagee of any Condominium is hereby authorized to furnish to tle Board, upon the written request by the Board therefor, the' amount of any Unpaid b~ance due on any note held by such Mortgagee and the amount and due date of any delinquent payment or payments due in accordance with such note. 12.7 Sale or Transfer. The sale or transfer of any Condominium shall not affect either any lien created under Article V hereof or enforcttnent thereof in accordance with this Declaration whether an Assessment becomes due ptJor to, on or after the date of sudl sale or transfer, and regardless of whether or not the qvner of a Condominium as to which such lien is so created and enforced is personallr obligated to pay any or all of the delinquent Assessment as to which such lien is crqated; provided, however, that sale or transfer of any Condominium pursuant to a judicial foreclosure or foreclosure by power of sale of a Mortgage descnbed in Section 12i1 hereof or proceeding in lieu of foreclosure of such a Mortgage, shall extingui~ any such lien created against the Condominium which is the subject of such salq or transfer pursuant to a judicial foreclosure or foreclosure by power of sale or p~g in lieu of foreclosure of a Mortgage described in Section 12.1 hereof prior to the date of such sale or transfer, and shall further prohibit the creation of any lien agai. such Condominium on accoWlt of Assessments which became due to prior to the da*, of such sale or transfer; however, 32 ARTICLE XIV OBLIGATION OF OWNERS 14.1 Mechanic's Liens. No labor perfonned 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 Commo. Area except the undivided percentage interest therein appurtenant to the Unit. of the ~ for whom such labor shall have been perfonned and such materials shall have been fumJshed. Each Owner shaU indemnify and hold harmless each of the other Owners from and qainst liability or loss arising from the claim of any lien against the Unit of the Owner, or any part thereof, for labor perfonned or for materials furnished in work on such Owner's Unit. 14.2 Personal Iniurv or Pronertv 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 9ther Owner or the Association, any of its officers, members of its Board, the Managet 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 OCCUlTed (i) shall and does hereby agree to fully indemnify and hold harmless such Persons against whom such claim .r suit is brought, and (ii) does hereby agree to defend, at his or her own cost and ex~, any litigation resultiDg therefrom in which such Person has been made a party, provi4ed that no such obligation sball exist with respect to sUch other Persons whose ,negligfnce or willful misconduct caused or contributed to the cause of any such injury or ~ge. In the event of joint ownership of any Condominium within the Project, the liabili" of such Owners shall be joint and several. 14.3 Association Not Res.ponsij)le for Loss. Nejther the Declarant, nor its agants or employees, nor the Association nor any member df,the Board, its officers, the Manager and his or her staff, or any of its representatives, asfmts or employees shall b~ responsible to any Owner nor to any member of his or her fa$ily, his or her tenants, social pests, servants, employees or invitees for any loss or dtmage 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 DaDller. In the event any Owner observes any equipment, furniture, structure, vehicle, conduct or activity within any ~on of the Project which said Owner deems likely to cause or result in seriOus injury ~ the health or safety of any resident, occupant or guest within the Project unless immC$liate corrective action is taken, said Owner shall immediately notify an officer or directbr of the Association or a responsible agent, representative or employee of the Associatio. so that the appropriate action can be taken. 14.5 Notification of Sale or Lease of CondominiJm. Prior to the consummation of the sale or lease of any Condominium under circumstai1ces 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 nwnber of the Condominiwn purchased by the transferee, (Hi) 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 ana given to said transferee's transferor. ARTICLE XV TAXES AND GOVERNMENTAL ASSESSMENTS 15.1 Taxes Seoaratelv Assessed. Pursuant to ,.,. agreement made in accordance with the provisions of Section 2188.3 of the Califo~a Revenue and Taxation Code, each Condominiwn shall be separately assessed to the <)wiler thereof and the tax on each such Condominiwn shall constitute a lien solely thereon. 15.2 Unallocated Taxes. Any unallocated taxes or assessments levied or assessed against the Common Atea, the Association or th.. personal property of the Association, which taxes or assessments are not separately ~ pursuant to Section 15.1 hereof, shall be deemed part of the expenses of the Comriton 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 cove~ts contained in, this Declaration shall run with and benefit the land within the Project apd shall be binding upon the Owners, Declarant, the Association. its Board, its officers ald 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 ~ automatically extended for succe8$ive periods often (10) years each unless, within six ($ months prior to the expiration of the initial fifty (50) year term or any ten (10) year ~tension period, a written agreement executed and acknowledge by the Owners of at lbast sixty-seven percent (678") of the Condominiums in the Project shall be placed on record in the Office of the County Recorder of San Luis Obispo County, Califomi~ terminating the effectiveness of this Declaration. ARTICLE XVII AMENDMENTS 17.1 Amendment. This Declaration may be am~ded only by an instnunent executed and acknowledged by (i) the Owners of at l~t sixty-seven percent (678") 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 well as in accordance with the foregoing. 17.2 Mort2aszees. The approval of at least ~enty-five percent (75%) of Mortgagees of Condominimns must be obtained prior to addption 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 Assessb1ent liens are imposed; 17.2.3 by act or omission, change, waive or abandon any scheme of r~gu1ations, or enforcement thereof. pertaining.' to the architectural design or exterior appearance of the residences, exterior maintenance of the residences, maintenancc 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; Units; 17.2.6 convertibility of Units into Common Area or Common Area into 17.2.7 expansion or contraction of the Project or the addition, annexation, or withdrawal of property to or from the Project; 17.2.8 restoration or repair of the, Project (after damage or partial condemnation) in a manner other than that specifieCl in this Declaration; 17.2.9 guarantors; or any provisions that expressly benefit Mortgage holders, insurers, or 17.2.10 any action to tenninate the legal status of the Project after substantial destruction or condemnation occurs. If Owners are considering termination 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 ~e Mortgagee. If any Mortgagee fails to submit a response to any written proposal for ;n '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 Demotion of Obli,ation 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 maimain the Common Area in a good state of repair or which ' would defeat the Assessment procedure set forth in this Declaration to assure said main~ce must be aPProved by the City of Arroyo Grande and the State of California Departtnent ofRea1 Estate. 17.4 Consent of ReaIEstate CommiA.~ion.. Notwithstanding anything in this Declaration to the contrary, no amendment o~ this Declaration or any other of the Documents which would materially change the pghts, preferences or privileses of any Owner or the restrictions upon any Condom:iniuui, affected thereby shall become effective or legally binding without Approval of the Reid Estate Commissioner of California; provided, however, that such Approval shall not be required from the date Declarant shall cease to be Owner of less than twenty-five derceDt (25%) of the total number of Condominiums in the Project. AppJicationsfbr the Approval of the Real Estate Commissioner shall be made in accordance with provisions of ~11018.7 of the California Business and Professions Code. ARTICLE XVIII GENERAL PROWS IONS 18.1 Enforcement. The Association or any Mepnber shall have the right to enrorce by proceedings at law or in equity, all restrictio1)S, conditions, covenants, Association Bylaws and Rules and Regulations, reservatio~, liens and charges now or hereafter imposed by the provisions of this Declaration or; any amendment thereto, including the riSbt to prevent the violation of any such festrictions, conditions, covenants or reservations, the right to recover damages or o4ler dues for such violation; provided, however, that with respect to Assessment liens, tle Association shall have the ~Iusive right to the enforcement thereof. Should the Assof;:iation 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 exjenses from the responsible Members. 18.2 Violations Constituting A Nuisance. The ~lts 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 ~ nuisance shall be applicable against every such result and may be exercised by any Owher, or the Board. 18.3 Cumulative Remedies. The remedies hereijt provided, for breach of the covenants contained in this Declaration shall be' deemed ctknulative, 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 110 way affect any other provisions that shall remain in full force and effect. 18.6 Construction. The provisions of this Deqlaration shall be liberally construed to effectuate its purposes of creating a uniform pl$l for the maintenance of a residential community of common recreational facilities ~'Common Areas. Article and Section headings have been inserted for convenience onlyi and shall not be considered or referred to in resolving questions of interpretation or consttuction. , 18.7 Sin2ular Includes Plural. Whenever the ~text of this Declaration requires same, the singular shall include the plural and the masculine shall include the feminine. 18.8 Conflict of Govemin2 Documents. If thtre is a conflict among or between the Governing Documents, the provisions of this Declpration shall prevail; thereafter, priority shall be given to Governing Documents in the follPwing order: Articles, Bylaws, and any Rules and Regulations adopted by the BOard ofthd Association. Declarant hereby adopts the above stated Declaration this _ day of . 2004. DECLARANT: CAMINO MERCADO PARTNERS LIMITED PARTNERS By its General Partner California Commercial Investment Company, a California general partnership By its General Partners California Commercial Multi-Family, Inc., a Nev. corporation and California Commercial Brokerage, Inc., a Califomil corporation By: Gary Collet, Officer California Commercial Multi-Family, Inc. By: Lou Mellman, Officer California Commercial Brokerage, Inc. 38 i [ ST A~E OF CALIFORNIA ) )ss. COUNTY OF ) On : . 2004, before me, . a Notary PublJc, personally appeared GARY COLLETI,; L.J personally known to me - OR - LJ proved to me on the basis of satisfaCtory eiidence to be the person whose name is subs~bed to the within'instrument' and ackno\\fedgeci to me that helshe executed the sam~ in his or her authorized capacity(ies), andfthat by his or her 8ignature(s) on the instriunent the person or the entity upon behalf d,f which the person acted, executed the instrfnent. I , . W$ESS my hand and official seal. Sign~ture of Notary ! ST A(rE OF CALIFORNIA ) i )8S. COlfNTY OF ) On ! . 2004, before me, . a Notary Publfc, personally appeared LOU MELLMAN, L-l personally known to me - OR - L-J proved to me on the basis of satisfactory evjdence to be the person whose name is s~bed to the within instrument and acknowWged to me that he/she executed the sam~ in his or her authorized capacity(ies), andjthat by his or her signature(s) on the instrUment the person or the entity upon behalf of which the person acted, execmed the insttinnent. ! W~ESS my hand and official seal. Si~ture of Notary 39 86/18/2884 11:81 18057733726 ~'I BUt4bERccm:FFlCES r~. . , ATTACHMENT 2 K :.1 June 18, 2004 l i CAMINO MERCADO PARTNERS, LP 't 2000 Mattie Road . ~smo Beach, CA 93449 . l,!t .', ft,:" Qty of Arroyo Grande PO Box 550 Arroyo Grande, CA 93421 (, Mrs. HeHernon Per our discussion the plamLin$: Jepartment recommended we change the allocation from 15 moderate ilv.:ome units to, ~e moderate units and six low income units. In meeting with\~o1U' department the city offered to subaidi.ze the difference in providing the six J.,~ income uni~ in the amount of approximately 5525,000. At the planning co~onmeeting ~ approvaJ of the tract map was granted with the reallocat;ion of the nine mqderale and the six loW; however, without the subsidy as recommt.'nded by the planning department. ~ . it . In a meeting with the city DW"~'{er and plannill$ director they recomn\ended that the resolution to council agNn include the njne moderate and six low income with a $100,000 fee credlt. . We are proposing a mix of 12 i7J9derateincome and three (3) low income units with no city assistance., . '~i, ' , Best personal regards. ~;! '\ i .( MINUTES PLANNING COMMISSION MAY 18, 2004 NON-PUBLIC HEARING ITEM: IVC. TIME EXTENSION CASE NO. 04-004 FOR TENTATIVE TRACT MAP CASE NO. 01-002, APPLICANT - JAMES P. DOTSON; LOCATION - 801 HUASNA RD. Staff report prepared and presented by Planning Intern, Andrea Koch. Ms. Koch gave an update, on the project, and concluded by stating that this is the applicant's second request for a one-year time extensiol1 for Tentative Tract Map 01- 002; the applicant has requested another time extension to allow completion of construction. ATTACHMENT 3 Commissioner Brown asked staff for an update on the undergrounding for this project and hearing no further concerns'the Commission went forward with a motion. Commissioner Keen made a motion, seconded ~y Commissioner Arnold, to approve Time Extension ease No. 04-004 for a one-year time extension of Tentative Tract Map Case No. 01-002, Tract Map 2275. the motion was approved on a 4/0 roll call vote, Commissioner Fowler being absent. ' III. PUBLIC HEARINGS: A. TENTATIVE TRACT MAP 04-001; APPLICANT - CAMINO MERCADO PARTNERS, LP; LOCA liON ~ 579 cAMDiIf MERCADO. Staff report prepared and presented by Associate Planner, Kelly, Heffemon. Ms. Heffernon gave an update on thebacl<ground pf the project; stating that this was a condominium tract map for a previously approved ,(eity eouncil January 22, 2002) 60- unit senior apartment' complex and 3,000 sq~re foot senior. recreation center; described prior amendments and explained the fe~ changes that had been made to the conditions of approval since the last approval of th$ 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 cc)st 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 PLANNING COMMISSION MAY 18, 2004 PAGE 3 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 Aguilas, 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 tt1at the Historical Society was going to rent the Regional Center for '$1.00 a year; shoulCt 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 h,ve apartments or condos. The trees were taken down because we were re~dy 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 ~tting down of the trees for this and asked the applicant why they came forward with ,partments if they were not going to financially pencil out? He expressed a concern "'at 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 meeta; the Federal mandates for senior housing? Mr. Young said it did. Chuck French. 525 Dos Cerros, President of the Rttncho Grande HOA. stated that there was disagreement as to where ,the property line is~long the back of the property. The applicant removed a tree in an area the he believe, 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 sefliors. stated the seniors of the South County have supported this project since conceptiotl; many seniors are single aFKI need a smaller plaCe to live; seniors need this plus the senior center. Chair Guthrie closed the hearing topubHc comment MINUTES PLANNING COMMISSION MAY 18, 2004 PAGE 4 Guthrie to staff: - There is no mention of Subdivision Map Act irt 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 p'roject: He questioned whether finding No. 1 could be made; stated No. 4 cannot be met (the proposed project has caused environmental damage - loss of 1'8 trees). - If the previous entitlement of apartments is changed to condos. we are taking this inventory out ofthe 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 fin~ings. - He believed apartments would be more afford,ble; the eity needs apartments now and we have made numerous concessions to rr$lke this project viable. - The proposal does not meet the definition of th~ 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 the.y would have had to be removed on either project. , - The Courtland senior project came back many tknesalso, each time asking for more money. Although disappointed this project would help n$et the needs of seniors. - He could vote for this. - Guthrie: - He believes this was a switch as the CommJssion gave approval for what was believed to be moderate affordable' units; - He expressed concern that this project keeps cpming back. but believes this project is very different from the Courtland/Grand projedt (which is 50% affordable). - This project could come back again withanoth.r change so' he would like to see a more thorough review related to the Subdi\fsion Map Act and the condftions included in it; he suggested posqx>ning and revi&wing again in two weeks. MINUTES PLANNING COMMISSION MAY 18, 2004 PAGE 5 - 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 wQuld 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 recommendi~ City Council approve the Tentative Tract Map. The motion failed due to there being no second. Commissioner Brown made.a motion, seconded ~y Commissioner Arn()ld, 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 ~rought forward by the ehair. The motion was approved on the following roll call vote: AYES: NOES: ABSENT: Commissioners Brown, Arnold and C"air Guthrie Keen Fowler Mr. Strong stated Public Works has confirmed that the City has accepted the open space parcels and that Council approved 'the sl,pe bank grading and the oak tree mitigation with removal of tWo oaks in order to prEfient a triple stacked wall that would have been over 14 foot tall; the access trail and laitdscape 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 prQQresa report and stated that this would next go to City Council iri 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 d~scribed each of the st4dy/versions of Site ,No.1: (East BranchlMason and Short Streets), where the existi~g City property is located, Site No.5 (at the. bottom of Crown Hill. the Loomis site). wttich has numerous challenges and issues and which, both Public Works and the Schopl District have concerns about. He emphasized that once a site is selected" it is impqrtant that some clear guidelnes be developed for the future implementers and advisf$:lthat time and energy be given to presenting the public with plans that are much m"re visual in nature for the new City Hall. The eity has an obligation to carry into pl,ce as an example what they want others (in the same corridor) to do and this study is 8 tool to help bring 'that forward. Commission Comments: Arnold: - He did not like Site No.5, it had too many compHcations MINUTES PLANNING COMMISSION, DRAFT PAGE 6 MINUTES . PLANNING COMMISSION JUNE 1, 2004 DRAFT ATTACHMENT 4 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 th~ parking issue re'the Pre-App at this time. Guthrie: . The creek bank issue would be driven by bioloJJy not the project. . He had serious concerns with the traffic cong.tlon 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 M~ 04-001; APPLICANT - CAMINC? MERCADO PARTNERS,LP; LOCATION -5'19 CAMINO MERCADO. Staff report prepared and presented by AssOciate Planner. ~lIy Heffernon. Ms. Heffernon briefly described the projeCt proposal tJ review a condominium tract map for a previously approved eO-unit senior apartment ~plex ,and summarized the issues brought up by the Commission at the meeting of MaY118, 2004. In conclusion Ms. Heffernon stated that additional conditions had been added as f4l1ows: ' . 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 appficant up to difference between the moderate and low income units (this recomm*,d~tion 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 tree. down and the applicants will h~ve to mitigate the removal. . The footprint and number of units remain unch.nged. . 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 aparbnents would be built. MINUTES PLANNING COMMISSION JUNE 1, 2004 DRAFT PAGE 7 Approval No. 20 relating to financial assistance from the City's Affordable Housing In-Lieu Fund and adopt: RESOLUTION 04-1926 A RESOLUTIO, ,N OF THE P LA' NN,ING COt", MISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING TH 'CITY COUNCIL APPROVE TENTATIVE TRACT MAP CASE NO. 04-00 , LOCATED AT 679 CAMINO MERCADO, APPLIED. FOR BY CAMINO ME CADO PARTNERS The motion was approved on the following roll call vote: AYES: NOES: ABSENT: Chair Guthrie, Commissioners Keen and Fowler Commissioners Arnold and Brown None . the foregoing Resolution was adopted this 1st day of June, 2004. The Commissioner took a 10-minute break. C. DEVELOPMENT CODE AMENDMENT & G~ERAL PLAN AMENDMENT CASE NOS. 04-001; APPLICANT - CITY OF ARROtO'GRANDE; LOCATION - 216,279 AND 265 ALDER STREET. Staff report prftpared . 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 (unendment 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 ~Iend with the existing neighborhood. All of the issues related to the proposal will be review+d in more detail when th8 Conditional Use Permit is processed. In conclusion. Ms. Heffen,on stated that staff is recommending that the Planning Commission approve the resolutio. recommending that the City Council approve the City initiated Development Code Mendment (DCA) and General Plan Amendment (GPA). In answer to Commission questions staff clarified the., zoning and the PO designation, gave some history on the zoning designations and explainEld 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 busines,; 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 CML 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 uIllncorporatedassociation created for the purpose of managing a common interest developrpent. (b) "Common area" means the entire common in'terest development except the separate interests therein. The estate in the common area ~ be a fee, a life estate, an estate for years, or any combination of the foregoing. Howeter, 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 th. following: (1) A community apartment project. (2) A condominium project. (3) A planned development. (4) A stock cooperative. (d) "Community apartment project" means a,develol'Ilent in which an undivided interest in land is coupled with the right of exclusive o~upancy 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 lJ1onumentation on the ground, (2) a three-dimensional description of a condominium project, one or more dimensiom of which may extend for an'indefinite distance upwards or downwards, in suffieient detail to identify the common areas and each separate interest, and (3) a certificate consenting to the recordation of the condominium plan pursuant td 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 ofa 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 tha 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. (0) 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 non possessory interests do not need to sign the condominium plan. Further, in the event a conversion to condominiums of a community apartment project or ~ock cooperative has been approved by the required number of owners, trustees, benefl:iaries, and mortgagees pursuant to Section 66452.10 of the Government Code, the cei1jficate need only be signed by those owners, trustees, beneficiaries, and mortgagees apprqving 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. (t) A "condominium project" means a development consisting of cc:mdominiums. A condominium consists of an undivided interest in c+mmon in a portion of real property coupled with a separate interest in space called II unit, the boundaries of whicll are described on a recorded final map, parcel map, or ~ndominium plan in sUfficient detail to locate all boundaries thereof. The area within th~ boundaries may be filled with air, earth, or water, or any combination thereof, and ~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 reporded final map, parcel map, or condominium plan, (2) physical boundaries, either in existence, or to be' constructed, such i as walls, floors, and ceilings of a structure or any pfrtion thereof, (3) an entire structure containing one or more units, or (4) any coinbinatio,thereof. The portion or portions of the real property held in undivided interest may be ~l 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 fiUed with air, earth, or water, or any combination thereof, and need not be physically a~hed to land, except by easements for access 'and, if necessary, support. An individual ~ndominium within a condominium project may include, in addition, a separate interest ~ 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 signlrtor 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 oithe 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. (1) Unless the declaration otherwise provi4es, 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. (j) "Governing documents" means the declm:ation, 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 coopeiative) 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 enf4>rce an obligation of an owner of a separate interest with respect to the benefici. 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 orI367.1. (1) "Separate interest" has the following meanings: (1) In a community apartment project, "segarate interest" means the exclusive right to occupy an apartment, as specified in ~bdivision (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 fieparatC interest, the interior surfaces of the perimeter walls, floors, ceilings, windoWs, dbors, and outlets located withiJ1 the separate interest are part of the separate interest and any other portions of the walls, floors"or ceilings are part'of~e 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 ~rtifi~te of membc:rship, or otherwise, shall be deemed to be an interest in a common interest development and a real estate development for purposes of subdivision (f) of Section 25100 of the Corporations Code. A "stock cooperative" includes a limited equity h~using cooperative which is a stock cooperative that meets the criteria of Section 33007.' of the Health and Safety Code. in this section shall be'construed to limit or reduce any ri~ or obligation applicable under those laws. . . rRF.nTT(~) ATTACHMENT 6 ~ 51.2. Age discrimination in housing prohibited; exception; intent · Historical Notes · Research Referenc~s · Notes of Qecisions <PSGML type=jd2>(a) Section 51 shall be construed to prdhibit a business establishment from discriminating in the sale or rental of housing based upon a,e. Where accommodations are designed to meet the physical and social needs, of senior citizens, a busibess establishment may establish and preserve that housing for senior citizens, pursuant to Sectio. 51.3, except housing as to w~eh Section 51.3 is preempted by the prohibition in the federal Fair Ho~ing 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 esUl>lish and preserve that h~using 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 ~sociation (1983)33 Cat 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 senitr 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 acce.s to persons usin,g 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 diffi~ty with walking. (3) Walkways and.hallways in the common areas shall haveJighting conditions which are of sufficient brightness to assist persons who have difficulty seeing. (4) Access to all common areas and housing units within th" development shall be provided without use of stairs, either by means of an elevator or sloped walking r~ps. ' (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 I and objective evidence, that the person is likely to pose a sipficant 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 thent in the matter. (4) "Senior citizen housing dev~lopment" means a.residential development d~veloped, substantially rehabilitated, or substantially renovated for, senior citizens that has at least 35 dwelling units. Any senior citizen housing development which is required to obtJrin a public report under Section 11010 of the Business and Professions Code ~d which submits its aJ)plication 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. N~ 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 unitll 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 f~ly member of the qualifying resident providing that care. For the purposes of this section, the care provided by a perntitted 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 continuQ his or her occupancy, residency, or use of the dwelling unit as a permitted resident in the absence of the senior citizen from 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 residenbe within 90 days from 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 ,erson acting for the senior citizen, the owner, board of directors, or governing board shall have thd discretion to allow a permitted health care resident to remain for a time period longer than 90 days frotn the date that the senior citizen's absence began, ifit 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 permanent resident, a permitted 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 writ as his or her primary residence on a permanent 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 otherdocQlllents or written policy shall pennit temporary'residency, as a guest of a senior citizen or qualified permanent resident, by a person ofless 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 permanent resident shall be entitled to continue his or her occupancy, residency, or use of the dwelling unit as a permitted resident. This subdivision shall not apply to a permitted health care resident. (f) The condominium, stock cooperative, limited-equity housing cooperative, planned development, or multiple-family residential rental property shall have been ~veloped'for, and initially been put to use as, . housing for senior citizens, or shall have been substantially tehabilitated or renovated for, and immediately afterward put to use as, housing for senior citi~s, 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 permitted 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 us~ the housing or an unimproved lot subject to this section on January 1, 1985, shall not be deprived of the ~ght 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 of the senior citizen housing development shall permit 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 term "for compensation" shall include provisions of lodging and food in exchange fd,!' care. CD 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, ~ 1. Amended by Stats.1985, c. 1505, ~ 2; Stats.1989, c. 190, ~ 1; Stats.1994, c. 464 (S.B.1560), ~ 1; Stats.1995, c. 147 (S.B.332), ~ 1; Stats.1996, c. 1147 (S.B.2097), ~ 3; Stats.1999, c. 324 (S.B.382), ~ 2; Stats.2000, c. 1004 (S.B.2011), ~ 3.) ATTACHMENT 7 NOTES STAFF ADVISORY COMMITTEE (SAC) MARCH 31, 2004 10:00 A.M. STAFF ADVISORY COMMITTEE MEMBERS PRES~T: 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 Intern. ' STAFF MEMBERS ABSENT: Larry Schmidt, Buildi~; Dan Hernandez, 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;, APpt..ICANT - CAMINO MBtCADO PARTNERS, LP; LOCATION - 679 CAMINO'*'ERCADo. Project Planner - Kelly Heffernon. ' DescriDtion: Condominium Tract Map for pr~viou,ly approved senior apartment complex and senior center. ' Issues: Community Development: · On unitS A and C, plans show private patios ~ no storage, while storage is shown on units Band D. Applicant shouJd Clarify stondt locations. · Before the project undergoes Planning Com*'issiOn review, applicant needs to clarify the relationship between units and parking. Proximity of parking and ntlmber of spaces Per unit should, be defined. Applicant responded that this will be in~ted into CC&Rs. · CC&Rs should be reviewed by the City Mi.', yas soon as possible. Need to ensure there are no more staff concerns regarding p ate ownership of units. · Unsure about Planning Commission's att'" de 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 t1fs/her own. CDD responded that there should be at least one privately owned covered space per unit and that the remaining parking spaces s/1()U/d be commonly owned. · Concerned about whether there is adequate ,jpace for cars backing out. NOTES SAC MEETING March 31. 2004 DRAFT PAGE 2 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. Provisipn of additional private spaces could 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 .,d provide a document showing of what this open space contains. Building and Fire: · Kelly Heffemon reported that Lany Schmidt tent a memo stating that appIica'lt should obtain usual building permits. Public Works: · Provide more detail in CC&Rs about maint~ance of on-site storm drainage system that is remaining private. · Provide a benchmark statement ,for the TentaJjve Tract Map. · Show contours on plans, as well as exismg and proposed facilities (including water, sewer lines, storm drains, and trees). · Submit open space agreement with Map. , · Show on Map offer of dedication for watef and sewer lines. and show any other easements or offers of dedication. · Remov~ master water meter and replace it with an S" water main. Instal multiple water meters. · If condominium plans are approved. PW will ~t plans for a Tract Map. · Pay all usual plan check fees,.including map Check fee. · Provide inspection agreement and subdMsio, 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 applicatio['l complete. · If applicant is going to c:lesignate the comman area asa separate lot, .,.eds to show this on the map. Action: Need input from Parks. Recreation & FaciliQas Department and plan modifications as discussed at the SAC meeting before can deem th' application, complete and comnit to an agenda for project review. B. AMENDED CONDITIONAL USE PERMIT 04-q01; APPLICANT - WELLS FARGO BANK; LOCATION 911 RANCHO PARKWAY (PHASE II OF FIVE CrnES CENTER). Project Planner - Kelly Heffemon. DescriDtion: Construction of tenant improvements 10 an existing building. Use will be a full service bank owned and operated by Wells Fargo Bank. Issues: Applicant: · Plan to modify storefront for A TMs. ATTACHMENT 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 Prpject. The residential units for Seniors are needed and win be a welcome addition to the comnu4nily. The opportunity for . 8enior Center Is a chance to get something Important to the Seattors. We ask that you please approve this project. Thank you RECt:~Vt:D MAY 142004 CITY OF ARROYO GRANDE COMMUNITY DEVELOPMENT DEPT. I.c. CITY OF ARROYO GRANDE CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the City Council of:the City of Arroyo Grande to consider the following item: MoblFICATION OF THE DeVELOPMENT IMPACT FEE SCHEDULE. APPLICANT: City of Arroyo Grande PROPOSAL: . The Council will consider adoption of a proposed Resolution modifying the development impact fee schedule for existing develotment impact fees which are iMposed as a condition of ap~val upon all development projects in the City to pr~vidt a $eparate rate for low and very low income housing units. The impact fees are established for the following publiq facilities: fire protection. polioe facilities, communitycenter.ipark improvement. water facilities, traffic signalization, and transportation fees. REPRESENTATIVE: City Manager Any person affected or concerned by the proposal may submit written comments to the Office of the City Manager before the City Council hearing, or appear and be heard in support of or opposition to the proposal at the time of the hearing. Any person interested in the proposal can contact the City Manager's Office at 214 E. Branch Street. Arroyo Grande. California, or by telephone ati(805) 473-5404 during normal business hours (8:00 a.m. to 5:00 p.m.). The proposal will ~e available for public inspeaion at the above address. . If you challenge an item in court. you may be limited to raising only those issues you or someone else raised at the public hearing dE$cribed ,in this notice. or in written correspondence delivered to the City Council at. or pribr to, the public hearing. . , Failure of any person to receive the notice shall ~ot constitute grounds for any court to 'invalidate the action of the legislative body for which t"e notice was given. ~~ Kelly etm e ' Director of Administrative Services/Deputy City Clerk TUESDAYtiJULY 13,2004 AT 7:00 P.M. Arr,OYO Gr,ndeCity C, ouncil Chambers 215 E. Bra.ch Street Arroyo Gr4nde, California 93420 DATE AND TIME OF HEARING: PLACE OF HEARING: Publish 2 times, Friday, July 2, 2004 and Friday, July 9, 2004 MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGE# SUBJECT: CONSIDERATION OF RESOLUTION MODIFYING DEVELOPMENT IMPACT FEES FOR LOW AND VERY LOW INCOME AFFORDABLE HOUSING UNITS DATE: JULY 13, 2004 RECOMMENDATION: It is recommended the Council adopt the attached resolution modifying development impact fees for low and very low-income affordable housing units. FUNDING: There are no direct expenses associated with this item. It is difficult to accurately project what the impact of these changes will be on revenues. If the total number of low and very low-income units set forth in the Regional Housing Needs Plan (RHNP) were constructed and if the units were assumed to be all multi-family. this would result in a decrease in fees of nearly $1.5 million for these units over the five-year period remaining in the plan. However. the 310 very low and 223 low-income unit figures are extremely optimistic and the reduction has been determined to be necessary in order to make the units more financially feasible and to create incentives for their construction. It is also assumed that a large portion of units in these categories will be achieved through density bonuses, which means that the overall fees paid by the project for the remaining market rate units would remain the same. Therefore, the net impact in revenues would be substantially less. The change in fees will have a significant impact on revenue from the Courtland- Grand Senior Housing Project. However, the Disposition and Development Agreement (DDA) will be amended to reduce the amount of assistance consistent with the reduction in fees. DISCUSSION: The City's Housing Element Update was approved by the City Council on November 25, 2003. Policy B.3-1 of the Housing Element states that "the City shall modify its development impact fee schedule to charge no impact fees, excluding water and sewer fees, for very low-income housing units, and 75 percent lower fees for low- income housing units." Attached is a resolution that modifies the development impact CITY COUNCIL CONSIDERATION OF RESOLUTION MODIFYING DEVELOPMENT IMPACT FEES FOR LOW AND VERY LOW INCOME AFFORDABLE UNITS JULY 13, 2004 PAGE 2 fees for Fire Protection, Police Facilities, Traffic Signalization, Transportation Facilities, Community Center and Park Improvement to implement this policy. If approved, the new fees will go into effect in 60 days. The objectives of the changes are to provide financial incentives for the construction of affordable housing, to make construction of affordable housing units more feasible for developers, to more accurately reflect the impact of higher density housing on the eity's infrastructure, and to make the fee structure better reflect the community's overall policy goals. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Adopt the attached resolution modifying development impact fees for low and very low-income affordable units; - Modify as appropriate and adopt the resolution; - Do not adopt the resolution; - Provide direction to staff. S:\CITY MANAGER\STEVE\Council Reports\1.27.04 Affordable Housing Development Impact Fee Changes.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL 'oF THE CITY OF ARROYO GRANDE MODIFYIN~ THE DEVELOPMENT IMPACT FEE SCHEDULE WHEREAS, pursuant to Section 3.36.040 of Ute Municipal Code, the amount of development impact fees shall be established by r.solution adopted by the City Council; and WHEREAS, the City Council hereby intends to modify the development impact fee schedule in order to implement Policy 8.3-1 of the qity's 2003 Housing Element regarding fees for low and very low-income affordable hou~ng units and to implement fees that reflect the community's policy goals.' , NOW, THEREFORE, BE IT RESOLVED that the Cfy Council of the City of Arroyo Grande hereby adopts the fees and fee schedule set forlh in Exhibit "A" attached hereto and incorporated herein by this reference. This Resoluti:m shall take effect sixty (60) days after its adoption, per Government Code Section 66017. On motion of Council Member seconded by Council Member and on the following roll ca' 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 CITY OF ARROYO GRANDE DEVELOPMENT IMPACT FEES REVISED 7/13/04 Fire Protection Development Fee per Acres Fee Type Units Acre Per Unit Per Unit Residential - Estate Dwelling Unit $ 1,372.88 2.500 $ 3,432.21 Residential Rural Dwelling Unit $ 1,372.88 1.000 $ 1,372.88 Residential - Single-Family Dwelling Unit $ 1,372.88 1.000 $ 1,372.88 Low-Income Dwelling Unit $ 343.22 1.000 $ 343,22 Very Low-Income Dwelling Unit $ 1.000 $ Residential- Multi-Family Dwelling Unit $ 1,372.88 0.090 $ 123.56 Low-Income Dwelling Unit $ 343.22 0.090 $ 30.89 Very Low-Income Dwelling Unit $ 0.090 $ Residential Mobile Home Dwelling Unit $ 1,372.88 0.120 $ 164.75 Low-Income Dwelling Unit $ 343.22 0.120 $ 41.19 Very Low-Income Dwelling Unit $ 0.120 $ Commercial - General Thousand Square Feet $ 1,372.88 0.091 $ 120.77 Commercial - Service Thousand Square Feet $ 1.372.88 0.091 $ 120.77 HoteUMotel Thousand Square Feet $ 1,372.88 0.050 $ 68.64 Professional Office Thousand Square Feet $ 1.372.88 0.077 ' $ 102.19 Industrial Thousand Square Feet $ 1,372.88 0.067 $ 88,57 Police Facilities Development Fee per Calls Fee Type Units Call Per Unit Per Unit Residential - Estate Dwelling Unit $ 114.58 0.250 $ 28.65 Residential Rural Dwelling Unit $ 114.58 0.250 $ 28.65 Residential - Single-Family Dwelling Unit $ 114.58 0.750 $ 85.94 Low-Income Dwelling Unit $ 28.65 0.750 $ 21.48 Very Low-Income Dwelling Unit $ 0.750 $ Residential - Multi-Family Dwelling Unit $ 114.58 1.320 $ 151,25 Low-Income Dwelling Unit $ 28.65 1.320 $ 37.81 Very Low-Income Dwelling Unit $ 1.320 $ Residential Mobile Home Dwelling Unit $ 114.58 0.750 $ 85.94 Low-Income Dwelling Unit $ 28.65 0.750 $ 21.48 Very Low-Income Dwelling Unit $ 0.750 $ Commercial - General Thousand Square Feet $ 114.58 3.909 $ 447.92 Commercial - Service Thousand Square Feet $ 114.58 2.273 $ 260.42 HoteUMotel Thousand Square Feet $ 114.58 1.195 $ 136.93 Professional Office Thousand Square Feet $ 114.58 0.095 $ 10~93 Industrial Thousand Square Feet $ 114.58 0.045 $ 5.19 l~~-- CITY OF ARROYO GRANDE DEVELOPMENT IMPACT FEES REVISED 7/13/04 Traffic Signalization Development Fe~ per PeakTrips Fee Type Units Trip Per Unit Per Unit Residential - Estate Dwelling Unit $ 504.85 1.200 $ 605.82 Residential Rural Dwelling Unit $ 504.85 1.200 $ 605.82 Residential- Single-Family Dwelling Unit $ 504.85 1.000 $ 504.85 Low-Income Dwelling Unit $ 126.21 1.000 $ 126,21 Very Low-Income Dwelling Unit $ 1.000 $ Residential- Multi-Family Dwelling Unit $ 504.85 0.700 $ 353.39 Low-Income Dwelling Unit $ 126.21 0.700 $ 88.35 Very Low-Income Dwelling Unit $ 0.700 $ Residential Mobile' Home Dwelling Unit $ 504.85 0.500 $ 252.42 Low-Income Dwelling Unit $ 126.21 0.500 $ 63.11 Very Low-Income Dwelling Unit $ 0.500 $ Commercial - General Thousand Square Feet $ 504.85 7.000 $ 3,533.93 Commercial - Service Thousand Square Feet $ 504.85 4.000 $ 2,019.39 Hotel/Motel Thousand Square Feet $ 504.85 1.800 $ 908.72 Professional Office Thousand Square Feet $ 504.85 2.800 $ 1,413.57 Industrial Thousand Square Feet $ 504.85 0.800 $ 403.88 Transportation Facilities Development Fte per PeakTrlps Fee Type Units Trip Per Unit Per Unit Residential - Estate Dwelling Unit $ 1,378.02 1.200 $ 1,653.62 Residential Rural Dwelling Unit $ 1,378.02 1.200 $ 1,653.62 Residential - Single-Family Dwelling Unit $ 1,378.02 1.000 $ 1,378.02 Low-Income Dwelling Unit $ 344.50 1.000 $ 344.50 Very Low-Income Dwelling Unit $ 1.000 $ Residential- Multi-Family Dwelling Unit $ 1,378.02 0.700 $ 964.61 Low-Income Dwelling Unit $ 344.50 0.700 $ 241.15 Very Low-Income Dwelling Unit $ 0.700 $ Residential Mobile Home Dwelling Unit $ 1,378.02 0.500 $ 689.01 Low-Income Dwelling Unit $ 344.50 0.500 $ 172.25 Very Low-Income Dwelling Unit $ 0.500 $ Commercial - General Thousand Square Feet $ 1,378.02 7.000 $ 9,646.13 Commercial - Service Thousand Square Feet $ 1,378.02 4.000 $ 5,512.07 Hotel/Motel Thousand Square Feet $ 1,378.02 1.800 $ 2,480.43 Professional Office Thousand Square Feet $ 1,378.02 2.800 $ 3,858.45 Industrial Thousand Square Feet $ 1,378.02 0.800 $ 1,102.41 I t----,. . CITY OF ARROYO GRANDE DEVELOPMENT IMPACT FEES REVISED 7/13/04 Community Center Development Fee per Persons Fee Type Units Capita Per Unit Per Unit Residential - Estate Dwelling Unit $ 37.63 2.700 $ 101.59 Residential Rural Dwelling Unit $ 37.63 2.700 $ 101.59 Residential - Single-Family Dwelling Unit $ 37.63 2.700 $ 101.59 Low-Income Dwelling Unit $ 9.41 2.700 $ 25.40 Very Low-Income Dwelling Unit $ 2.700 $ Residential- Multi-Family Dwelling Unit $ 37.63 2.000 $ 75.25 Low-Income Dwelling Unit $ 9.41 2.000 $ 18.81 Very Low-Income Dwelling Unit $ 2.000 $ Residential Mobile Home Dwelling Unit $ 37.63 1.500 $ 56.44 Low-Income Dwelling Unit $ 9.41 1.500 $ 14.11 Very Low-Income Dwelling Unit $ 1.500 $ Park Improvement Development ~ee per Persons Fee Type Units Capita Per Unit Per Unit Residential - Estate Dwelling Unit $ 649.33 2.700 $ 1,753.18 Residential Rural Dwelling Unit $ 649.33 2.700 $ 1,753.18 Residential - Single-Family Dwelling Unit $ 649.33 2.700 $ 1,753.18 Low-Income Dwelling Unit $ 162.33 2.700 $ 438,30 Very Low-Income Dwelling Unit $ 2.700 $ Residential - Multi-Family Dwelling Unit $ 649.33 2.000 $ 1,298.65 Low-Income Dwelling Unit $ 162.33 2.000 $ 324.66 Very Low-Income Dwelling Unit $ 2.000 $ Residential Mobile Home Dwelling Unit $ 649.33 1.500 $ 973.99 Low-Income Dwelling Unit $ 162.33 1.500 $ 243.50 Very Low-Income Dwelling Unit $ 1.500 $ Water Facilities Meter Size Fee 5/8 inch - 3/4 inch $ 713.83 1 inch $ 1,189.71 1 1/2 inch $ 2,379.40 2 inch $ 3,807.05 3 inch $ 7,138,21 4 inch $ 11,897.03 6 inch $ 23,805.38 8 inch $ 47;610.80 .j ---t----- 11... MEMORANDUM TO: FROM: CITY COUNCIUREDEVELOPMENT AGENCY BOARD OF DIRECTORS LYNDA K. SNODGRASS, DlRECtoIJ OF FINANCIAL SERVICES 9 SUBJECT: FISCAL YEAR 2004-06 BUDGET .uPQATE REPORT , DATE: JULY 13, 2004 RECOMMENDAnON: It is recommended the City eouncillAgency Board: . Approve detailed budget adjustments and reccmmendations as shown in Schedule B. . Approve Schedules A through D included in ttjt Budget Update Report. FUNDING: The reque$ted actions will impact several fund b~ts as outlined in ,the Budg,aUpdale :~~~":a~~f:~=~~'rer:;e:~~~=::=n~=ed by Approved FY 2004-05 Fund Balance Increase FY 2003-04 Adjustments Impacting FY 2004-05 City Council Approved FY 2004-05 Adjustrr(ents Proposed Adjustments $ 279.990 ($251.201) 30.972 114,439 Total Decrease to General Fund Balance Adjusted FY 2004-05 Fund Balance Increase (105.790) 1.1ZU.Qg DISCUSSION: The City adopted the Bi-Annual Budget for Fiscal ~ear 2003-04 and 2004-05 in June 2003. At that time. staff indicated that adjustments~" lei be required for the second year of the two-year budget at the end of the first fiscal., r. The adjustments COI'It8ine4 in this report are the result of available current economic . ta; as a result of ....ry and benefit increases in the first year; and from project costs n ',envisioned during the preparation of the two-year budget. CITY COUNCIL CONSIDERATION OF BUDGET UPDATE REPORT JULY 13, 2004 PAGE 2 The purpose of the City's Budget Update Report is to: Provide a clear audit trail from the adopted Fiscal Year 2004-05 Budget to: · Adjustments made in Fiscal Year 2003-04 impacting the current fiscal year; · Adjustments approved by City Council for the current fiscal year; . Proposed departmental adjustments; . To the final estimated revenues. transfers, and appropriations. SUMMARY OF KEY FIRST QUARTER POINTS: · The Storm Water Management Plan and salarY, appropriation adjustments made in Fiscal Year 2003-04 increased Fiscal Year 2Q04...5 appropriations in the Generel Fund by $251,201. · City Council approved adjustments ~,or Fiscal,Yt~r 2004-05 increa,sed thePIDJ, 'ectad fund balance by $30,972. These approved adj~nts included a saving in workers compensation costs of $108,127; salary adj~, increased costs by..,...; a $45,000 allocation for the pavement managem ,." ,,' t program; a $I8.24I18Vi1J9 from . changes to the code enforcement position; and a , h.-ring of DARE Offioer cost With the City of Grover Beach that will increase revenues Iff $12,400. · Proposed revenue reevaluations will increase ~Perty tax estimates by '.7,880; decrease sales tax revenues by $119,000; artd reduce building permits revenue estimates by $105,100. · The proposed retum of a portion of insurance. dfposits with the Central Coast Cities Self Insurance Fund will increase revenues by $.,GOO. ' · The General Fund estimated revenues increasttd by two new cell tower leeses at $1,500 per month. These leases increase telecpmmunication site lease revenue by $36,000 per year. · Staff recommends the City's Contingency Reser\le be increased by $30,000 to help address any State Budget impacts. · The City is developing a Village Parking Plan to meet future parking needs of tI:le City. Because there is limited land availablt for parking areas, an additional appropriation of $100,000 has been requested' for the purchase of land that may become available during the coming year. · Increases to part-time salaries; fire volunteer $tipends, eommunity Development interns, and the conversion of two part-time ertlployees to full-time will require an additional appropriation of $47,811. ' · The Fire Department requests an additional $propriation of $6,000 for training associated with recently assumed code enforcement responsibifities. ! CITY COUNCIL CONSIDERATION OF BUDGET UPDATE REPORT JULY 13, 2004 PAGE 3 · The Public Works Department requests an additional $500 to purchase software that is required to support a city-wide GIS System. AL TERNA TIVES: The following altematives are provided for City Council consideration: 1. Approve the following Schedules A through 0,' included in the Budget Update report that summarizes budget adjustments; A. Unreserved Fund Balance-Control. B. Recommended Adjustments. C. Adjustments to Fund Balance. . D. Unreserved Fund Balance-Budget Up.ate Changes. 2. Deny staff recommendation and reject all schetlules; 3. Modify staff recommendation and approve se~ schedules; 4. Provide direction to staff. -j j ~~ ~ ~ ~~ ~.~ Q ~ ~ ~3 ~ ij ~ ~ = u~~ c:u ~ ~ ~ ~ c:u ~~ ;S~ ~~ ~~ dl I ~ ~~ o o ~ ~ N ~ ~ ~ ~ ~ 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ CI.l ] CI.l "t1 ~ a ~ ~ CI.l i """ "t1 .t3 ~ ij ui .8 ~ tU ~ "t1 .2.- ~ "t1 1 .... ~ b <( ~ 6 ] "t1 .t3 =' ~ ij ~ U "t1 ~ =:l i ij l ~ .8 ~ CI.) 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CU ~ l!f-;, 'a a ::> ::>S"El ~ .e- is '" :tl 1 i ~ > J .e- o(.e-' ~ ~]!~ 8 ~~~~ &i Po. &:l&:ll1Rl1-; .~ j J ~.9~ ~ s~~i~ &i '" ~ ~ ! ] a MEMORANDUM 11.b. FROM: CITY COUNCIL rlt-- DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~. :Pf? CONSIDERATION OF APPROVAL OF AN AGREEMENT WITH GROVER BEACH TO PROVIDE JOINT STREET SWEEPING SERVICES TO: SUBJECT: DATE: JULY 13, 2004 RECOMMENDATION: It is recommended the Council: A. approve an Agreement with the City of Grover Beach to provide street sweeping services and authorize the Mayor to execute .the Agreement; B. authorize the solicitation of equipment bids; and, C. authorize one additional maintenance worker position in the Public Works Department. FUNDING: Should the Council approve the proposed recommendation, the estimated cost to provide in-house street sweeping services at $66,777 will be funded from the General Fund and the Street Fund in a 60/40 percent allocation. The FY 2004-05 Public Works operating budget includes funding for street sweeping services in the amount of $77,000 divided between the General Fund and the Street Fund in the same percentage as shown above. DISCUSSION: On November 24, 1998 the City Council approved an agreement for street sweeping services with Daystar Industries for one-year with four one-year options to extend the agreement. Subsequently, the Council approved three amendments to the agreement extending the term to December 2002. Prior to the end of the third amended contract, issues surfaced regarding the site at which the street sweeping materials were disposed. In November 2002, the Council did not approve a fourth amendment to the Daystar contract and authorized the solicitation of bids for new street sweeping services. Three bids were received by the City; however, the Council rejected the bids and directed staff to extend the existing contract on a month-to-month and to look into providing in-house street sweeping services. J CITY COUNCIL CONSIDERATION OF APPROVAL OF AN AGRaEMENT WITH GROVER BEACH TO PROVIDE JOINT STREET SWEEPING SERVICES JULY 13, 2004 PAGE 2 In June of this year Daystar sold the street swe~ping portion of the business to SP Maintenance Services, Inc., of Nipomo. This change in service provider effects both Arroyo Grande and Grover Beach. The existing agreement with Daystar cannot be assigned to another party without the written consdnt of the City, Both Arroyo Grande and Grover Beach provide stteet sweeping of the commercial and residential areas. As a way of working together b address common service between the Cities, several options were developed. An analysis of street sweeping costs and service level was performed, which included con~nuing the existing contract with SP Maintenance Service and providing in-house sweeping with City forces. The table below outlines the components and estimated j costs of providing in-house street sweeping for each City including the purchase of new equipment and one full-time maintenance worker. Line Item New Tymco 610 Street Sweeper $139,374 - amortized over 8 ears New Tymco 210 Parking Lot Sweeper $78,461 - amortized over 8 ears Maintenance Worker III ermanent with benefits Sweeper Replacement Parts and Brushes Fuel Costs (based on 3 mi/esper gallon; cost estimated at $1.89-9/10 er allon Service to Sweepers (tires, lube, oi/, etc. * Dump Fees (Based on 900 tons per year at $17/ton Material Dumping (based on truck & labor cost to haul material to dum A roximate Total Cost er Fiscal Year $5,394.19 $4,413.43 $32,818.50 $26,851.50 $3, 50.00 $3,150.00 $2,tOO.00 $2,900.00 $3,300.00 $2,700.00 $7,650.00 $7,650.00 $1,282.00 $1,282.00 $66.1776.66 $56,786.71 The estimated costs provided in the table are base(i on a shared cost of 55% for Arroyo Grande and 45% for Grover Beach excluding the :dump fees. Dump fees are shared equally based on the weight of material disposed 0<< at the landfill over the past year. CITY COUNCIL CONSIDERATION OF APPROVAL OF AN AGREEMENT WITH GROVER BEACH TO PROVIDE JOINT STREET SWEEPING SERVICES JULY 13, 2004 PAGE 3 Equipment costs have been amortized over an 8-year period. One of the advantages of coordinating with the City of Grover Beach is that $taff can make the service more cost effective by sharing and reducing capital costs. At the time the bid is awarded, staff will recommend how to finance the equipment. The Agreement is structured for lease- purchase financing. However, an appropriation mey be recommended to fund the one- time purchase through reserves. The maintenance worker is intended to be a full-time employee of the City of Arroyo Grande in the Public Works Department. The .mployee will be supervised by the Arroyo Grande Public Works Street Supervisor and any requests regarding street sweeping will be directed to the Street Supervisor.- ,Requests and complaints in Grover Beach will be handled by their Public Works staff and coordinated with the Arroyo Grande Street Supervisor. Grover Beach has projected their cost of a naw contract at $64,075.00. Arroyo Grande's expenditures for Street Sweeping in FV 2002103 was $69,185.00. Caltrans reimbursement for sweeping Highway 227 (East iBranch Street) in Arroyo G,ande is $4,000.00 making the total expenditure of $65,185.00 under the existing contract for Arroyo Grande. The analysis of in-house street sweeping for both cities indicated that a savings of approximately $7,289 would be realized by the CiW of Grover Beach and a savings of approximately $2,409 (this includes the $4,000 bi'ed to Caltrans each year) Y<<>uld be realized by the City of Arroyo Grande. Based on an analysis of bids recently r-eceived by the City of Grover Beach, staff expects this s$vings to increase by later this year when an increase in the contract amount would b~ expected. In 1999, the first year of the Daystar contract, the cost per curb mile in Artoyo Grande was $14.50. The cost increased to $17.50 per curb mile through June 30. 2004, an increase of21%. With the increase in fuel cost and dump fees factored in for that same time period, the cost per mile was $19.00. This is an increase of 31% since 1999. Conversely, the City of Arroyo Grande had cost for labor during the same .time period rise 15.25%. Therefore, based on historic trends, staff believes the City willt be able to maintain the service on a more cost effective basis in the future. It is also anticipated that in-house street sweeping services will provide an increase in the frequency at which streets are swept, quicker response to citizens' complaints and faster response to special. sweeping needs. I J CITY COUNCIL CONSIDERATION OF APPROVAL OF AN AGREEMENT WITH GROVER BEACH TO PROVIDE JOINT STREET SWEEPING SERVICES JULY 13, 2004 PAGE 4 ALTERNATIVES: The following alternatives are provided for the Council's consideration: Approve staffs recommendations to perform street sweeping services in- house in coordination with Grover Be,ch; Do not approve staffs recommendations and direct staff to solicit bids from private contractors; Direct staff to re-assign the presEtnt agreement to SP Maintenance Services, Inc., for the remaining termpfthe agreement; Modify staffs recommendations as appropriate; and Provide direction to staff. Attachment: 1. Agreement AGREEMENT FOR STREET AND PARKING LOT SWEEPING 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 and Grover Beach provide sweeping of streets and parking lots on a , regular basis in order to maintain a sanitary enviro~ent, and to reduce sediment and other materials entering the storm drain and creek system; and WHEREAS, Arroyo Grande and Grover Beach have provided street and parking lot sweeping services independently through agreements with a private contractor; and WHEREAS, it has been determined that cost savings and service improvements are available to both Agencies by providing street and parking lot sweeping services jointly with municipal staff and equipment; and WHEREAS, Arroyo Grande desires to employ staff and purchase equipment to provide street and parking lot sweeping services; and WHEREAS, Grover Beach desires that Arroyo Grande. provide street and parking lot sweeping services for its community; and NOW, THEREFORE, in consideration of the mutual covenants herein made,.the Agenoies agree as follows: 1. Purpose. This Agreement when executed by each Agency shall constitute an engagement of Arroyo Grande by Grover Beach to provide street and parking lot sweeping services on a regularly scheduled basis, by removing litter, leaves, dirt, and debris from streets, alleys and parking lots. 2. Personnel. Arroyo Grande shall retain all personnel necessary to perform the services described herein. All personnel hired by Arroyo Grande for street and parking lot_ sweeping services 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 limited to, Workers' Compensation insurance and retirement benefits regarding the employees of Arroyb Grande utilized by Arroyo Grande to provide the services under thi~ Agreement. 3. Assignment of Staff Time. Arroyo Grande shall provide services to sweep streets, alleys and parking lots in Grover Beach on a regularly schedUled basis as agreed by the parties. The total' amount of staff time assigned to Grover Beach for street and parking lot sweeping services shall equal forty-five percent (45%) of the work tim~ devoted by one full-time Maintenance Worker III position to the street and parking lot sweeping program, excluding leave time and time required for responsibilities related to the joint street and parking lot sweeping program, including, but not limited to, maintenance of the cleaning equipment and disposal of materials. The time assigned to Grover Beach for street and parkirig lot sweeping services may be modified in order to most effectively meet the needs of both Agencies upon agreement by both parties. 4. Sweq>ing Schedule. The scheduling of staff time assigned Grover Beach and Arroyo Grande for street and parking lot sweeping services shall be established in coordination by the Public Works Director in Arroyo Grande and Conununity Development Director in Grover Beach or their designated representatives in order to ~ign the sweeping responsibilities on the most cost-effective basis. 5. Service Standards. Arroyo Grande agrees to provide street and parking lot sweeping services in compliance with the following standards: 2 ".,:~.... a. Arroyo Grande shall perform street and parking lot sweeping services pursuant to street sweeping practices referenced in Street Cleaning Practice, Third Editio!l, by the American Public. Works Association. b. Street sweepers will operate at suggested mantt"acturers sweeping speeds in accordance with local conditions and desired results. Except when traveling to and from collection locations, the street sweeper speed shall not exc~ed six (6) miles per hour. c. Street and parking lot sweeping services will be conducted as to cause the lease, possible obstruction and inconvenience to public traffic. d. Sweeping will be done during daylight hours in all residential areas. Commercial areas will be swept in morning hours. e. The intersections (cross gutter area) along all scheduled streets are to be swept. All debris (including debris following inclement w~ather) along regularly scheduled routes, no matter what quantity, is to be removed. f. Each agency shall be solely responsible for nptifying its residents of street sweeping schedules and for towing vehicles that pose an obstruction to sweeping operations. g. Complaints shall be directed to the representativ~ of the affected agency for investigation. Grover Beach shall notify Arroyo Grande of aty sweeping services needed to address . complaints. Arroyo Grande shall respond within forty-eight (48) hours of receiving written notification for services. 6. Compliance with Applicable Statutes. Ordinapces and Regulations. Arroyo Grande agrees to comply with all applicable provisions of fedetaI, state and/or local laws governing the l provisions of street and parking lot sweeping services abd employment of individuals engaged in the provision of services covered by this Agreement. 7. Administration. Arroyo Grande shall perfonn all responsibilities in supervision of employees assigned to the street and parking lot sweeping program, as well as administration of billing expenses. Arroyo Grande and Grover Beach s~ shall each be responsible for all tasks associated with receiving telephone calls from custom~, responding to customer requests and complaints and monitoring levels of street and parl(ing lot sweeping services within their 3 respective jurisdictions. 8. Equipment. Arroyo Grande shall use, at a minimum, the following equipment to perform street and parking lot sweeping services: a. 2004 Tymco 610 Street Sweeper b. 2004 Tymco 210 Parking Lot Sweeper 9. Payment.. Arroyo Grande shall prepare and mail an invoice to Grover Beach for reimbursement of the following costs: a. On a monthly basis Arroyo Grande shall prepare and mail an invoice to Grover Beach in an amount equal to forty-five percent (45%) .of all costs of providing the street and parking lot sweeping services in both cities, whlch shall include, but not be limited to, all salary and benefit costs of a Maintenance W otker m position at the salary step of the personnel assigned, all landfill tipping fees associated with disposal of the waste collected, all parts and equipment, and all eRuipment repair and maintenance costs. If Arroyo Grande and Grover Beach mutually .gree to modify the percentage of time assigned to Grover Beach, the amount invoic~ will be modified to reflect the agreed upon percentage of time assigned to service for Grover Beach. b. On a monthly basis Arroyo Grande shall prepart and mail an invoice to Grover Beach in an amount equal to the cost of fuel purchased for the street and parking lot sweeping ; services based upon the per mile per gallon coSt for the actual miles of service provided to Grover Beach. c. Arroyo Grande shall invoice Grover Beach forty-five percent (45%) of the cost for lease purchase costs for the equipment to be utilize4 for the street and parking lot sweeping servIces. 10. Insurance. a. Arroyo Grande shall furnish and keep in full force and effect during the term of this Agreement the following insurance: 1. Workers' Compensation Insurance or self-insurance covenng workers' 4 compensation claims of all Arroyo Grande employees providing services on behalf of Grover Beach pursuant to this Agreement. 2. Liability Insurance or self-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 II)illion dollars ($1,000,000.0$) 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 Beaph and an endorsement verifYing such coverage shall be provided to Grover Beach upon execution of this Agreement by both Agencies. b. Grover Beach shall furnish and keep in full force and effect during the term of this Agreement the following insurance: 1. Workers' Compensation Insurance or self-insurance covering workers' compensation claims of all Grover Beach employees providing services to Arroyo Grande pursuant to this Agreement. 2. Liability Insurance or self-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 performance under this Agreement by Grover Beach's elected and appointed officials, officers, ,gents, representatives, subcontractors, volunteers or employees. The policy shall provide coverage for bodily injury and property damage in a.q 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 im 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 5 coverage shall be provided to Arroyo Grande upon execution of this Agreement by both Agencies. 11. Term of this Agreement. The term of this Agreement shall commence on September 1, 2004, and shall continue in full force and effect for a period of one (1) year, unless earlier terminated, as provided herein. This Agreement shall ,utomatically renew for each one (1) year period, for a total of eight years, subject to all provisions herein. Either Agency may terminate this Agreement upon thirty (30) days' written notice. 12. Non-assignability. This Agreement shall not be assigned by either Agency without first obtaining the express written consent of the other Agency. 13. Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either Agency shall be in writing, and shall be deemed duly served and given when personally deliverqd to the Agency 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. Arroyo Grande Steven Adams, City Manager City of Arroyo Grande 214 E. Branch Street Arroyo Grande, CA 93420 14. 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 6 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 City of Arroyo Grande. This indemnity shall survive the expiration or termination 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 disbwtements, losses or liability, including any liabilities, arising out of or loss alleged to have arisen out of the operations of the City of Grover Beach. This indemnity shall survive the expiration or termination of the Agreement. 15. Entire Agreement. Grover Beach and Arroyo Grande agree that this Agreement constitutes the sole and only Agreement between them regarding street and parking lot sweeping services and correctly sets forth their obligations and d~ies with respect to each other. 16. Amendment. This Agreement may be amended only by written consent of all Agencies to the Agreement. 17. No Intez:pretation Against Drafting. This Agreement has been negotiated at arm's length between the Agencies hereto. Accordingly, any rule or law (including CalifomiaCivil Code ~ 1635 et seq.) or legal decisions that would require interpretation, or any ambiguities in the Agreement against the Agency 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 Agencies. 18. Execute in Counterparts. The Agencies hereto '~gree that there shall be two originals of this Agreement which shall be identical in all respedts, 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 oonstitute one and the same instrument. 7 19. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Executed at , California, on the date and year first appearing above. CITY OF ARROYO GRANDE By Tony M. Ferrara, Mayor ATTEST: By Kelly Wetmore Director of Administrative Services! Deputy City Clerk APPROVED AS TO FORM: By Timothy 1. 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 8 ii.c. MEMORANDUM TO: CITY COUNCIL ROB STRONG. COMMUNITY DEVE"OPMENT DIRECTOR c:R.> CONSIDE. RATION OF EA.. ST ='. NO AVENUE STREETSCAPE ENHANCEMENTS A T COURT NO STREET lN1'ERSeCnoN CORNERS, CITY OF ARROYO G. ., DE PROPOSALS JULY 13, 2004 FROM: SUBJECT: DATE: RECOMMENDATION: It is recommended the City Council: 1) Accept the offer from Gill's Market owners for an easement; 2) Authorize the Mayor to execute.a certificate of acceptance and record subject to the terms and conditions outlined; 3) Appropriate $30,000 for City streetscape et' hancements including. a low screen wall, elimination of a driveway, new lands. . ping on the northeast comer and relocation of signal control equipment boxes the southeast comer. FUNDING: The improvement costs would be funded equally fr~ street improvement (gas tax) and signal improvement (signalization impact fee) funds, .pproximately$15,OOO from each. DISCUSSION: During the past two years, the City has designed al}d constructed more than $1.2 million of street, water, sewer, drainage, medians, bulbouts. nd other streetscape enhanQements for East Grand Avenue. Concurrently, Long's Ga way Center and Santa Lucia Bank projects are being completed with additional priva improvements including ~ front yard patios and plazas, new bus turnout and s Iter, benches and IaAdscaping the southeast and no.rthwest comers of the. signaHz . intersection with Courtland. Street. These projects are all consistent with the East Gr~ndiAvenue Enhancement Plan. A new Specific Plan Amendment for a mixed-use project is also being proposed for the southwest comer composed of two undeveloped ~-acre properties, owned by S & S Homes and Ruth Dea. This project will also inchllde new streetscape improvements, including bus turnout and shelter, front yard landsca,ing and patios or a plaza along East Grand Avenue. The Long's Gateway project construction plans ~ave been revised to include patio extensions, ADA access steps, comer landscaping end bench improvements in front of Starbucks and Subway and at the southeast comer of Courtland Street. There is a large CITY COUNCIL EAST GRAND AVENUE STREETSCAPE ENHANCEMENTS JULY 13, 2004 PAGE 2 signal control equipment box and eledrical power riser in the East Grand Avenue sidewalk, which now obstrud the streetscape and front fayade of the Gateway Center. The C?rner co~ld be visually enhanced b~. relocatio~of the cont.rol box and riser to. a lower elevatIon behInd the Courtland Street sidewalk. r he relocatIOn of these boxes to the Courtland Street side of the project can be accomplished by placing underground conduit behind the sidewalk at the estimated cost of $15,000: , The remaining northeast corner of Courtland Street and East Grand Avenue is deweloped with the existing Gill's Market and Service Station oft land leased from' an Olson, Gerrish and Scolari partnership. During the last six monttls, the City has negotiated with the owners and tenant of this property to obtain a five-tlot easement across the 100 feet of street frontage. This will enable a low screenwa', landscaping and efimination of an existing driveway on East Grand Avenue as ~treetscape enhaneements at this intersedion. Gill's would still retain access to the s~oppingcenter's secondary d~veway, just east of this property, adjoining the new Spe~s Market monument sign. The City estimates that these streetscape improvementSl (wall, landscaping and driveway replacement) will cost approximately $15,000. As lacfditional incentives to upgrade the exterior of Gill's Market, the staff also proposes v4aiver of the Conditionaf Use Permit application fee ($1,060), and a COBG fayade grant Efnhancement matching grant ($5,000) for removal of pole sign to new comer monument, pew awning and wau.sjpage. Gill's would also repaint, remove vending equipment a~d install a new trash enclosure to improve the exterior of the store. The CUP applicatij,n would also propose a new canopy strudure over the pump island. The easemenf landscaping will be irriga1ed and maintained by Gill's Market as part of the private dev'lopment. The City processed a preliminary photo sketch of the proposed enhancements, which received ARC support. (See Attachment 1). ALTERNATIVES: The following alternatives are provided for the Counctl's consideration: - Accept the easement, authorize the City .~~. ovements and incentives for Gill's, and authorize expenditure of $30,000 for st~cape enhancements; Accept the easement and approve $15,000. for improvements on the northeast corner of East Grand Avenue and Courtland $treet, but do not approve funding for relocation of the signal control box; - Discuss proposals and provide direction to st,ff if terms and conditions of offer are not acceptable; - Do not approve easement or funding; - Provide direction to staff. Attachments: 1. Letter dated February 26, 2004 2. Gill's Market site plan. 3. Before and after photo sketches of Gill's Market street enhancements. 4. Letter dated May 10, 2004 5. Easement document. i I I -~ ~OMMUNITY'DEVELOPMENT,' . A TT ACHMENT 1 ( ~ -..... ,,,~~~,"', ~.~~. . . P.O.Box5SO ',114 East~iach Street , , , ,Arroyo ~rl!~ C\,'3411 ,'., ,Phone:(1I5)4n.542e', ,:"F~X:(M5)47U.',' , , , &.Man:..cltY..rJ.o~.nde.orl . ',:'Febr,ua.ry,~6~2004 :,' .", ',', '..~ :, , ' . . v .:: t ."' -. . \ . , , Mr..S~ Gill.. , ',' Gill's Liqu9r' .. , ' . .'., 1490 East ,Grand Avenu~ "',', ,Arroyo 9rand~,: C~liforriia93420 '.'.,. .,' ,-,..- .. SUBJECT: ." " . , ' . Front Setb~ck LandsCape and Utility Easement at 1490 Eas(GrandAve ,,(A~N 077;.341-049).. Dear Mr. Gill: . ..". . Thank you and contractor Keith Slo~um for meetin, with me February 19, to discuss the " City's proposals for streetscape enhancement alo~ East Grand Avenue in front of your liquor store market and s.ervice s. tation, 'at the no ',.east corner. 'of the.courtland'.' Street , intersection. As we have discussed pr~viouslY, he required reconstruction of pump island, underground plumbing and pavement beirIJ pursued by B&TConstruation is a u'hique opportunity to enhance the appearance o[this, promInent "Gateway" to' Arroyo , Grande.- " . ' ., . 'The CitY recently completed a major reconstructiollofwater; sewer"drainage and street , improvements in ,this 'segment of East Grand 1. en~e including landscepect'mectian islands,. mid-block bulb-outs, transit and 'pedestria amenities f;!xt. endingfrorn Oak Park , Boulevard to Elm Street. ,Longs Drug Sto~e, San, Lucia Bank and several other new private retail and related commercial buildings ar~ currently -under construction at the southeast and northwest corners of the Courtl~d Street and East Grand Avenue , intersection..: and a ,SpeCific Plan for the southwast corner mixed-use development is , also being pursued ,by these pr9perty oWners." ' Within five years the City anticjpates that the rbcently, formed undergroun~ utilities district for the Gateway.Segment 9f East Grand Ayenue will be implemented. The.City , and PG&E are commencing design fQr undergrourtUng without disturbing the new street pavement by locating distribution' conduit and service laterals within the 10-foot wide . sidewalk portion of the 100-foot wide street right-ot-way and/or, where possible.. within a 5-15 foot wide utility and landscape easement b.hind the public sidewalk. The new developments mentioned above are all' required tq underground existing utilities in their " front yard, set~acks rangi"!gfrom a minimum of 5-feet,to a. maximum of 15-feet, ,'consistent with a preliminary East Grand Ave~ue'EnhJJncementPlanprepai'ed by the 'City. A copy ofthatplan'is enclosed. ." . . .~ .1 .- "1 ,. -' . ., '~ . ; .' "", . '.~ -'. . , , . ' . .. ,:G"Lps~1~U9R., ' , ,:FEBRUARY 26 2004 ," ; , ':' " ' . . ;..",.,', , '. ,.,.. .'., . ..~~~E:3:.,>.,:'.,-,. -. .... ~ . '-,., ., . '~A"~;~Ii~~n~ry site :pla'n 'a'~'d\:b~~~tdr~~i~9:~f'ihe iand~C~Ping,'~ign a'nd"wall ~ithin'. ", ,:the proposed e'~seinent ,are enclosedlor your'co,nsiderati~n.'" PI~ase cal.l me i~ your , '~ave ,any qLi~stion$ o'r. concern~:' (805) .4?~-54,20" '.'",' , . -. " , " . .-. . .'. ,; . .' .. .' . ". '-: , -',. '. ~i ." . . ...-........ . , ....'.. "'Rol;)StrQng,, ,.,. ":-,,:::, .,. ,.., 'C?~munitypevelopm~nt [)irec~or'. " ".- ", .. EnCl: '. :cc: .. . . -' . . Don Spagnolo, Pubiic Works- DirectOr ' Keith Slocum; . B & T ' . . , - .. .:Steve Adams, City Manager . . Jim Bergman, CDBG'~Project Coord. _ 'Ron Olson',. 'Property ,Owner I, - ' , S:\C6MM~lTY DEVEL6PMEN1'\coRREsPO~ENCE\Rcis_sTRONG\20G4\in-19-04 Gills Markttdoc' . .' -.' ," . . . -," ," . , .- . ". , ' I o z ~ =:l 0' U , NEWTREE LOCA1l0N 5ITEDlSTANCE TRIANGLE 1m 1(\1 r i i i i NEW ~CRETEI5LAND , &PUMPS ATTACHMENT 2 ----------c===JI-- 100' -:---~.....--,------------------l . . o....z ~~ In&! ~.~ EXISllNG 1500 SF MARKET : ~ ------------------~ NEW 8FTCONC~ . WN..KWAY _ NEW 6 FTX 32 FT:t g} CANVA5AWNING \'"" .. .~. . ~ cO \'"" 9 ~ o....z ~~ ln~ ~~ R ~ ~ NEW TANK SlAB '-8- c::J c::J y N 3FTTALlSPUTFACE ~ 5.lOCK WAlL.eo FT lONG .R4O' ' . NEW LANDSCAPE IMPROVEMENTS TO BE INSTALLED BY CI1Y AND MAINTAINED BY PROPERTY OWNER NEW STREET 6ENCH REPlACE EXI.51lNG RAMP WITH CURe. GlJlTER&SIDEWAlK GRANl?~NE ,. . GILS MARKET ENHANCEMENT PRPPOSAL ...~. 1-=ZOFT -:= ~ o (j -< ~ z '~ ID ~ NEW TREE LOCA 1l0N EXI51lNG RAMP - ~I ATTACHMENT 3 E:;.~' i. .;.~ ~~~ t'~;l"" c. ~~t~i~(' t~~\:(\.c .., ~..~ ~.:. ~ ~. , : > A TT ACHMENT 4 , 'CO~y' DEvELOPMENT :May:10:~004> ' . " '.- Ron Oisorl,CPA .. ; , '1092 East Grand Ave~ue', ., ' , . ,Arroyo Grande, Cal,iforriia 9;3420 " ~ P.O~'B'ox SSG . , ~14 Eatt Branch Street ..Arr~yo, Gr.~, CA 93421 .- ~ PhOne:: (185) 473-5420. " ., ,FAX:.(88S)47U." ' ." E-Man:'.~clty~arro;...ande.org . . . . " . SUBJECT: '~,landscape .'Pedestrlari . U~i1ity ,: and . ACCe$s . Control Easement:", Gill's Market. at t;Jortheas~ corne'r ~fCou~landStreet a~d Ei Grand Ave ., ' ' . . Dear.Ron,.' . , , . Pleaseexcuse'thenionth delay since,our phonediscus$ionofth~above'easemerit: . I had to go 'through .aneQgineering cOl1sultant to get'the map and IEtgaLdescription and atitle.company to get. the prelimil1ary title r!3port. ." Enclosed, is 'th~original and five copies of the propose<<i 'e~semen.t, which would enable 'the City Council'to consider closure of the 36-foot ~id,e driveway at .East Grand Avenue' east of Courtland . Street, as .recently negotiated witti Mf. <;;iII, your tenant. .. " - . . , - Essentially; the C'ity would construct a low masonrywatlat. the back 'of the 5':'foot easement and landscape. the. frontage. including street trees, bench. a~d drip .irrigationcomiected to, the private' water source at the corner. The council will also bea~.. ked to waive' the "$1,040Colditional Use .,.Perrnit.,applicatiqn filing fee..,t~ facilitate .GiII's ~arket. '.. i1di~g ,remodel!nc~uding trash enclosure pump Island cano.py construction and to authorize a $5, OOCDBGfayade enhancement'grant for building aW~rlg,signageand/or painting, storefront walkway or other eligible exterior improvements. \ -' - . , These incentives and enhancements wlll,ber;uafit the entire corfununity ,and particularly the, Gateway entrance on Ea'st Grand Avenue as well as )tour propertY~ndGiII'~ Market. TheCny h()p~~ that you will agr~e to these considetations as cOmpensation for g~nf of easement which WOuld also serve in the future for'underground utility pla~ement. . . . ' , . Please circulate the original easement document for necessary notariz~d signatures and ret~rn it to me 'as . soon aspossib,le: . When' completed, I will sphedule its ,acceptance. for .City Council consideration at' a ,regular meeting, either 'the . second o~,fourth Tuesda~ of ~a9h month.. I would appreciate both Mr.. Gill andyour attendance at the meeting so the City ',can acknowledge your contributions toWard this enhancement.. . '.." , '. ". , If you9r other owners of the property have any questions, please call me at (805) 473-5420. . Again, thanks for your cooperation and consideration. --:... . cc: ' Steve Adams, City Manager ATTACHMENT 5 RECORDING REQUESTED BY: City of Arroyo Grande WHEN RECORDED RETURN TO: Kelly Wetmore, Director of Administrative Services City of Arroyo Grande P.O. Box 550 Arroyo Grande CA 93421 LANDSCAPE, PEDESTRIAN, UTILITY AND ACCESS CONTROL EASEMENT THIS OFFER OF LANDSCAPE, PEDESTRIAN, UTILITY AND ACCESS CONTROL EASEMENT is made this _ day of April 2004, by Joseph Gordon Scolari, as" trustee of the Joseph Gordon Scolari and Eldeen W. Scolari 1979 Revocable Trust, as to an undivided one-half interest; and William G. Gerrish and Nancy L. Gerrisq, trustees of the William G. Genishand Nancy L. Gerrish Family Trust dated February 29, 19~, as to an undivided one-fourth interest; and Ronald R. Olson and Sharon B. Olson as trustees of the Ronald R. Olson and Sharon B. Olson Living Trust dated July 31, 1986, as to an undivieJed one~fourth interest, herein after called offeror, and for valuable considerations, hereinafter desdribed, and WHEREAS, the offerorsare the owners of the real ptpperty l,ocated at the northeast comer of East Grand Avenue and Courtland Street, addressed as 1490 East Grand Avenue, as described in Exhibit A, currently containing a leased service station!and convenience store known as "Gill's Market and/or Liquor," and WHEREAS, the City has proposed closure of an existing driveway on East Grand Avenue near the intersection with Courtland Street to eliminate conficts with right turn traffic and offers to reconstnict the 36 foot wide driveway at City expeI1$e with City standard curb, gutter, and sidewalk, and WHEREAS, That the City will construct a maximum 3 foot tall 80 foot long split fence concrete block wall or equivalent quality scre~n. wall to a desigtl acceptable to the Architectural Review Committee, and located generally along the outside ed~ of the easement (five feet behind back of the public sidewalk and right of way, and with protision for a comer mom.unent sign base located at the western end of the screen wall perpendic1aIarto the wall..and East Grand Avenue" and WHEREj\S, the City will install landscaping including street trees, ground cover and possible bench, trash receptacle and planting similar to mid blqck bulb-outs at City expense including design review and installation, utilizing drip irrigation cdnnected to private irrigation system, and WHEREAS, That the City will waive or refund the.$1040 filing fee associated with Planning Commission Conditional Use Permit associated with Gill's Market building remodel, including trash enclosure and p~p island canopy construction, and WHEREAS, That the City Council will consider approval of a $5,000 Community Development Block Grant (CDBG) fa~ade enhancement grant for building awning, signage and/or painting, landscaping, store front walkway or other eligible exterior improvements, and WHEREAS, The City has formed an underground util~ty district and is planning and designing a project in'the Gateway segment of East Grand Avenue that will place conduit and eventually convert overhead lines within the right-of-way and/or tIle adjoining five foot easement area, NOW, THEREFORE, said offeror makes this voluntary offer of an easement for the purposes of providing for landscape, pedestrian, utility and access control improvements proposed by the City, and covenants and promises as follows: 1. That said offeror does hereby offer the City of Arroyo Grande, the easement along with incidental uses over, under upon, and ,across the property described in Exhibit "B" . 2. It is understood by the owners and the City that said easement shall be maintained in good condition by the tenant of the property described in Exhibit "A" and that the improvements installed and constructed witHin the easement described in Exhibit "B" will not be removed or altered without written consent of the City, and 3. That said offeror agrees that the easement is and shall be binding on their heirs, successors and assignees. IN WITNESS WHEREOF, this offer is hereby executed by the said offeror on the day and year above within. Offeror errish and N~cy L. Gerrish, trustee Offeror ~~~~t/tf}L . onald R. Olson and SharOn B. Olson, trustees Page 2 of6 Exhibit A. Legal Description of Property Subject to Easement Real property in the City of Arroyo Grande, County of San Luis Obispo, State of California described as follows: Parcell of Parcel Map No. AG-70-1, according to map filed for record February 18, 1970 in Book 4 of Parcel Maps at page 51. (APN 077-341-049). Page 3 of6 Exhibit "B' Permanent Easement for Landscape, Pedestrian Access, Utility and Access Control Purposes That portion of Parcell, of Parcel Map AG-70-1, in the City of Arroyo Grande, County of San Luis Obispo, State of California, as shown Qn the map filed in Book 4, Page 51 of Parcel Maps in the Office of the County Recorder of said County, described as follows: Beginning at the southeast comer of said Parcell, thence. along the easterly line of said Parcell, north 3015'00" east 5.00 feet to a point ~ a line parallel with and offset 5 feet northerly from the southerly line of said Parcell; Thence, along said line, north 86045'00" west 98.66 feet to the southwesterly line of said Parcell and the beginning of a non-tarigent curve concave to the northeast having a radius of 10.00 feet, and to which-beginning a radial line biears south 63015'00" west; Thence along said southwesterly line, southeasterly amLeasterly along the arc.of said curve through a central angle of 60000'00" a distance of 10.47 feet to the southerly line of said Parcell; Thence along said southerly line south 86045'00" east 90.00 feet to the point of beginning. Containing 481 square feet more or less. The above-described piece of land is graphically shown on Exhibit "B" attached hereto and made a part hereof. End of Description. ~Lg License Expiration Date: 9/30/2005 4- 3t;-a4 Date PUE.doc P CI.., <L L.( "f " I ' STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) On t'Vl ""y ~$" J..el)c../ , before me, LJ ~d.4..- C. ~e.h'i" oc~ , Notary Public, personally , appeared JOSEPH GORDON SCOLARI, personally known to me er pFeved tQ Hie SB the ba~ii ef s~id:i~tgry e.,.rideRSC to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person,. or the entity upon behalf of which the person acted, executed the instnnnent. WITNESS my hand and official seal. Signature' ~ ~ <. ~ FOR NOTARY STAMP STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) On tA.1 'I ZOD ' before me, ~ Aru1. ~fVlt\ 1--0 , Notary Public, pe ona ly appeared William G. Gerrish and N~cy L. Gerrish, personally known to me Of plvvcd lv me on the b~i:s of satisfaetery 8yidenoe to be the persons whose names are subscribed to the within instrument and acknowledged td me that they executed the same in their authorized capacities, and that by their signatures on ~e instrument the persons, or the entity upon behalf of which the persons acted, executed the instument. WITNESS my hand and official seal. Signature ~ (jfi1'L , ~ FOR NOTARY STAMP ia.... .... -- .... ;E8"i:C~~; y;';;T: ~ _ Commi Ion ## 1373175 J . . Notary ~bliC - California ! ." San Lull! Obispo County , . \ My Comm. pires Sep 6.2006 Page 5 of6 STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) On h1.~ '2.,5'"" ~o t.f.- . before me, I-,;"J.rv EF. Sc.J,r.e~,U" . Notary Public, personally appeared Ronald R. Olson and Sharon B. Olson, personally known to me-efo ptl'vl"A 1;0- .. n... +J..8 RA!Ili!ll Af ~..ti,m~tl:l'S- eviseBGe to be the persons whose names are subscribed to the within instrument and acknowledged to me that tItey executed the same iri their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WIlNESS my hand and official seal. Signature CA ~ L ~ r~~.~~' ~.. ~. .~~. 4'! ..., UNDA E.. ( ~ ~t' - . ~,11"'477 m ii5 "- f!oCIrJ~ en IIJ .....". -w.~CCIUNfY ~ ~ CoIIIlIL f!Irp..... .. d and official seal. Signature Page 6 of6 I EXHIBIT "B" I 70.00' I -f-' (]) (]) I.... -f-' C/) "0 C 0 -f-' I I.... ::J 0 0 I 70.00' I J "~ '00 c}O-)~~6\O\ I Parcel 1. AG 70-1 586'45'00"E 100.00'~ I. o I~ I.() C o 1.0 I.() Ih o z I I I I 5' N86.45'00"W 98.66' 586.45'00"E 90.00' NOT15'00"E 5.00' o o o o Grand Avenue Point of Beginning. Landscape, Pedestrian Access, Utility and Access Control Easem~nt per this Instrument. o o o o --- Legal Description Exhibit "B" A portion of Parcel 1 of Parcel Map AG 70-1 in the City of Arroyo Grande, County of San Luis Obispo, State of California, per the map filed in Book 4 of Parcel Maps at page 51 in the Office of the County Recorder of said County. 0 20 40 80 , f I I 1)1 I 1 inch=40 feet CURVE LENGTH ft. R~DIUS ft. DELTA C1 10.47 10.00 60'00'00" 0232.304 (19~rond PUE.dwg 1=100' Sheet 1 of 1 lohn L. Wallace & Associates IL 04/29/04 -'WA..