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Agenda Packet 2004-08-24 CITY COUNCIL Ctt! of AGENDA ArrOlo Grancle Tony M. Ferrara Mayor Sandy Lubin Mayor Pro Tem Steven Adams City Manager Thomas A. Runels Council Member Timothy J. Carmel City Attomey Jim Dickens Council Member Kelly Wetmore Director, Administrative Services Joe Costello Council Member AGENDA SUMMARY CITY COUNCIL TUESDAY, AUGUST 24,2004 7:00 P,M. Arroyo Grande City Council Chambers 215 East Branch Street, Arroyo Grande 1, CALL TO ORDER: 7:00 P,M, 2. ROLL CALL 3, FLAG SALUTE: KIWANIS CLUB OF ARROYO GRANDE VALLEY 4, INVOCATION: JEAN BOWSER, BAHAI FAITH 5, SPECIAL PRESENTATIONS: 5.a. Presentation of Mavor's Commendation Recoanizina District 50 ChamDions 6. AGENDA REVIEW: 6.a. Move that all resolutions and ordinances presented tonight be read in title only and all further readings be waived. -------_.- --------- ----- AGENDA SUMMARY - AUGUST 24, 2004 PAGE 2 7, COMMUNITY COMMENTS AND SUGGESTIONS: This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions on matters not scheduled on this agenda. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. In response to your comments, the Mayor or presiding Council Member may: . Direct City staff to assist or coordinate with you. . A Council Member may state a desire to meet with you. . It may be the desire of the Council to place your issue or matter on a future Council agenda. Please adhere to the following procedures when addressing the Council: . Comments should be limited to 3 minutes or less. . Your comments should be directed to the Council as a whole and not directed to individual Council members. . Slanderous, profane or personal remarks against any Council Member or member of the audience shall not be permitted. 8, CONSENT AGENDA: The following routine items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action. The City Council may approve the remainder of the Consent Agenda on one motion. 8.a. Cash Disbursement Ratification (O'REILL Y) Recommended Action: Ratify the listing of cash disbursements for the period August 1, 2004 - August 15, 2004. 8.b. Consideration of Cash Flow Analvsis and ADDroval of Interfund Advances from the Water and Water Facilltv Funds (O'REILL Y) Recommended Action: Accept the July 2004 cash report, and approve the interfund advance from the Water and Water Facility Funds to cover cash deficits in other funds as of July 31, 2004. 8.c. Consideration of Resolution Authorizinc the Fire Station EXDanslon General Obliaatlon Bond ProD8rtv Tax LeVY (O'REILL Y) Recommended Action: Adopt Resolution authorizing the FY 2004-05 property tax levy approved by voters on November 5, 2002. 8.d. Consideration of Annual ReDort - FY 2003-04 Cash Activitv in TransDortation Facilities DeveloDment Imoact Fund (O'REILL Y) Recommended Action: Accept the annual report of Transportation Facilities Development Impact Fund cash activity and ending cash balance as of June 30, 2004. AGENDA SUMMARY - AUGUST 24, 2004 PAGE 3 8, CONSENT AGENDA (continued): 8.e. Consideration of Disadvantaaed Business EnterDrise (DBE) Proaram for Federal Fiscal Year (FFY) 2004-2005 (SPAGNOLO) Recommended Action: Approve the FFY 2004-2005 DBE Program with established Overall Annual DBE Goal to Caltrans by October 1, 2004. 8.1. Consideration of Resolution SUDDortina ProDosltion 1A (ADAMS) Recommended Action: Adopt Resolution supporting Proposition 1A. 8.g. Consideration of Aareement for Leaal Services - Carmel & Naccasha LLP (ADAMS) Recommended Action: Approve the Legal Services Agreement with the firm of Carmel & Naccasha LLP and authorize the Mayor to execute the Agreement. 9, PUBLIC HEARINGS: 9.a. Consideration of DeveloDment Code Amendment 03-008: An Ordinance of the Citv Council of the City of Arrovo Grande AdODtina a Mltlaated Declaration and Directina the Director of A~minlstrative Services to File a NQUce of Determination to 1) Amend the Zonlna MaD and Portions of TI~e 16 of the Arrovo Grande Municipal Code Rezonina to Mixed Use Districts the Commercial. Industrial. and Office Professional and Commerclfll Portions of Planned DeveloDment 1,1 and 1.2 Districts. and AdoDt Reaulttlons. f9r the Realonal Commercial District: and 2} AdoDtDesian Gul~.lInes and 'tandards Pertalnina to East Grand Avenue and a Portion of EI Camino Real (STRONG) Recommended Action: Continue the public hearing on this proposal to September 28, 2004. 9.b. Consideration of a ReQuest from South County Sanitary Service. Inc, for Integrated Solid Waste Collection Rate Increase (ADAMS) Recommended Action: Adopt Resolution approving the solid waste collection rate increase. 9.c. Consideration of Continued Public Hearina for General Plan Amendment 04- 002: Chanae in Land Use Deslanatlon from Conservation/Ooen SDace and Sin ale Famllv Residential Low Density Planned DeveloDment to Conservatlon/ODen SDace and Slnale Familv Very Low. Densftv Planned DeveloDment for an ADDroximate 53-Acre ProDertv Locatttd on the South 'ide of Noves Road at the Northwest Edae of the City Limits In the RancJ10 Grande Planned DeveloDment (1,2). City of Arrovo Grande (Castlerock DeveloDment) (STRONG) Recommended Action: Adopt Resolution to amend the Land Use Element (Land Use Map) of the General Plan to change the land use designation for the subject properties to Conservation/Open Space and Single Family - Very Low Density Planned Development. ~ .~._...._- AGENDA SUMMARY - AUGUST 24, 2004 PAGE 4 10, CONTINUED BUSINESS: None. 11, NEW BUSINESS: 11.a. Consideration of ADDointment to San Luis ObisDO County Housina Trust Fund Commission (ADAMS) Recommended Action: Appoint Kelly Heffernon to the San Luis Obispo County Housing Trust Fund Commission. 11.b. Consideration of Water SUDDIY Alternatives StudY Recommendations (SPAGNOLO) Recommended Action: 1) Pursue an agreement to utilize unused groundwater from other agencies participating in the Groundwater Management; 2) Prepare for City Council consideration a change to a tiered water rate structure; 3) Proceed with selection of a design consultant for Well No. 10 located on Deer Trail Circle; 4) Pursue an agreement with Plains Exploration and Production Company for Reclaimed Price Canyon Oil Field Water; 5) Develop a request for proposal to select a consultant to perform a groundwater study in cooperation with the parties to the Groundwater Management Agreement; 6) Develop a request for proposal with other interested agencies to select a consultant to prepare a Supplemental Environmental Impact Report for the Nacimiento Water Project; and 7). Pursue further discussions with Santa Barbara County agencies regarding potential purchase of State Water. 11.c. Consideration of a Formal Position on Halcyon I Hiahway 1 . Realianment Proiect by the County (SPAGNOLO) Recommended Action: 1) Review requested information regarding the County of San Luis Obispo road realignment project at the intersection of Halcyon Road and Highway 1; and 2) Provide direction to staff. 12, CITY COUNCIL REPORTS: This item gives the Mayor and Council Members the opportunity to present reports to the other members regarding committees, commissions, boards, or special projects on which they may be participating. (a) MAYOR TONY M, FERRARA: (1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORT A) (2) South San Luis Obispo County Sanitation District (SSLOCSD) (3) Integrated Waste Management Authority (IWMA) (4) Other (b) MAYOR PRO TEM SANDY LUBIN: (1) South County Area Transit (SCAT) (2) Economic Vitality Corporation (EVC) (3) California Joint Powers Insurance Authority (CJPIA) (4) Other AGENDA SUMMARY - AUGUST 24, 2004 PAGE 5 12, CITY COUNCIL REPORTS (continued): (c) COUNCIL MEMBER THOMAS A, RUNELS: (1) Zone 3 Water Advisory Board (2) County Water Resources Advisory Committee (WRAC) (3) Other (d) COUNCIL MEMBER JIM DICKENS: (1) South County Youth Coalition (2) Other (e) COUNCIL MEMBER JOE COSTELLO: (1) Air Pollution Control District (APCD) (2) Other 13, CITY 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 +++++++++++ All staff reports or other written documentation relating to each item of business referred to on the agenda are on file in the Administrative Services Department and are available for public inspection and reproduction at cost. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by the Americans with Disabilities Act. To make a request for disability-related modification or accommodation, contact the Administrative Services Department at 805- 473-5414 as soon as possible and at least 48 hours prior to the meeting date. +++++++++++ Note: This agenda was prepared and posted pursuant to Government Code Section 54954.2. www,arroyogrande,org ~~ 5.a. OF . :Jr1ayor's Commendation Presented to: Jesse 'lancoseft I n ~cognition of Winning the (])istrict 50 Championship Series }lugust 24, 2004 rrony?d. (ferrara, ?dayor Jesse Yancosek Mayo~s Commendation Jeffrey Hardy Daniel Stewart for District 50 Championship Series Nicholas Pino Connor Fox Matt Hoffman Matt Corela Jesse Kulda Spencer Murray Spencer Napier Cameron Pettit Joshua Musgrave Jacob Kephart Brady Muth Kyle Raubinger Mitchell Hollingsworth Brian Fiorentino Glenn Lewis Parker Thomas Kelly Shepard Joe Ventura Rik Mersai Ryan Hoover Kyle Kleinsmith Elliot Allan T J Butler Stephen Fleming Doug Hinchman Evan Jordan Jacob Lombardo Eddie Matthews Ryan Montague Cody Portwood Clayton Steddam Ryan Twedell Nathan Winters Erin Norton Eric Simon Tanner Stevens Chad Hunstad Seth Spears Zach Melson Dillon Efron Taylor Nestor Matt McAustin Kevin Laird Curtis Walton Jon Lai _.__...._---_.~-,_.,.-,.-- B.a. MEMORANDUM TO: CITY COUNCIL FROM: PATRICK O'REILLY, INTERIM DIRECTOR OF FINANCIAL SERVICES ~ BY: FRANCES R. HEAD, ACCOUNTING SUPERVISOt SUBJECT: CASH DISBURSEMENT RATIFICATION DATE: AUGUST 24, 2004 RECOMMENDATION: It is recommended the City Council ratify the attached listing of cash disbursements for the period August 1 - August 15, 2004. FUNDING: There is a $945,044.04 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 staff's recommendation; . Do not approve staff's recommendation; . Provide direction to staff. Attachments: Attachment 1 - Cash Disbursement Listing Attachment 2 - August 5, 2004, Accounts Payable Check Register Attachment 3 - August 5, 2004, Accounts Payable Check Register Attachment 4 - August 6, 2004, Payroll Checks and Benefit Register Attachment 5 - August 6, 2004, Accounts Payable Check Register Attachment 6 - August 13, 2004, Accounts Payable Check Register Attachment 7 - August 13, 2004, Accounts Payable Check Register ATTACHMENTl CITY OF ARROYO GRANDE CASH DISBURSEMENTS 7M tk 'PezWi at ~ 1 7~ ~ 15. 2004 ,~,..",....." <'*"=""'W ~ . """", '" ~..~'" ,~'" " ~,~. '''' ., ". .W August 24, 2004 Presented are the cash disbursements issued by the Department of Financial Services for the period August 1 to August 15, 2004. Shown are cash disbursements by week of occurrence and type of payment. WEEK TYPE OF PAYMENT AT'T1\~NT AMOUNT August 6,2004 Accounts Payable Cks 116912-116983 2 $ 385,737.81 Accounts Payable Cks 116984-116998 3 17,938.06 Payroll O1ecks and Benefit 01ecks 4 423,186.23 Accounts Payable Cks 117002 5 2,160.67 $ 829,022.77 August 13, 2004 Accounts Payable Cks 117030-117139 6 $ 105,812.95 Accounts Payable Cks 117140-117144 7 10,208.32 $ 116,021,27 Two Weeks Total $ 945,044,04 U:\MSWORD\ CITY COUNCIL FORMS\ CASH DISBURSEMENT SCHED wEXCEL WKS.doc CI1Y OF ARROYO GRANDE INDEX FOR BUDGET DEPARTMENTS EDEN COMPUTER SYSTEM GENERAL FUND (010) SPECIAL REVENUE FUNDS City Government (Fund 010) Park Development Fee Fund (Fund 213) 4001 - City Council 4550 - Park Development Fee 4002 - Administrative Services Traffic Signal Fund (Fund 222) 4003 - City Attorney 4501 - Traffic Fund 4101 - City Manager Transportation Fund (Fund 225) 4102 - Printing/Duplicating 4553 - Public Transit System 4120 - Financial Services Construction Tax Fund (Fund 230) 4121 - Taxes/ Insurance/ Bonds 4556 - Construction Tax 4130 - Community Development Police Grant Funds 4131 - Community Building (CDBG) 4201 - Law Enforcement Equip. (Fd 272) 4140 - Management Information System 4202 - State AB3229 Cops Grant (Fd 271) 4145 - Non Departmental 4203 - Federal Universal Hiring (Fd 274) Public Safety (Fund 010) 4208 - Federal Local Law Enforcmt (FD 279) 4201 - Police Redevelopment Agency ( Fund 284) 4211 - Fire 4103 - Redevelopment Administration 4212 - Building & Safety ENTERPRISE FUNDS Public Works (Fund 010) Sewer Fund (Fund 612) 4301 - Public Works-Admin & Engineering 4610 - Sewer Maintenance 4303 - Street/Bridge Maintenance Water Fund (Fund 640) 4304 - Street Lighting 4710 - Water Administration 4305 - Automotive Shop 4711 - Water Production Parks & Recreation (Fund 010) 4712 - Water Distribution 4420 - Parks Lopez Administration (Fund 641) 4421 - Recreation 4750 - Lopez Administration 4422 - General Recreation CAPITAL IMPROVEMENT PROGRAMS (Fund 350) 4423 - Pre-School Program 5501-5599 - Park Projects 4424 - Recreation-Special Programs 5601-5699 - Streets Projects 4425 - Children in Motion 5701-5799 - Drainage Projects 4426 - Five Cities Youth Basketball 5801-5899 - Water/Sewer/Street Projects 4430 - Soto Sport Complex 5901-5999 - Water Projects 4213 - Government Buildings 4460 - Parkway Maintenance U:\MSWORD\CITY COUNOL FORMS\CASH DISBURSEMENT SCHED wEXCEL WKS.doc -,.,---- ---..------ .... 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Q) Ii) ca C'I N N N N .c C CO CO (0 CO (0 u u ~ ~ 05 05 05 05 05 0 0 "It ., :> :> 0 -8 It) It) 0 0 >\ ~ 1.0 0> 0> 0> 0> .c 0> 0> 0> 0> 0> ._ It) ~ u <0 -0 <0 0 :> ----_.-------~ -- -_.-- -------- ~._.. -----.----- ..q- Q) t1) m a.. r a; t1) to ~ ~ ~ 0 u ~ C 0 ~ g. .c u ~ 0 "" 0 U1 ~ 0 ~ ~C) '~ 0 ~~ s::.cx, &~ 0) >u. u 0 '0 ~ :s (,) ... 0 ~ c :E 0) ,.. 0. !\ ~ to (-i 0 0 .0 ..n .' .or 0) \\ 0 ~ 0 0 U ....('1 .!! it) ~ -0 :& ----- s:.- (,)CIO ~. >0 ATTACHMENT 4 200'4 -I t." I CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 07/16/04 - 07/29/04 08/06/04 FUND 010 382,089.39 Salaries Full time 172,580.25 FUND 220 16,957.26 Salaries Part-Time - PPT 25,181.23 FUND 284 1,597.14 Salaries Part-Time - TPT 13,026.81 FUND 612 8,406.71 Salaries OverTime 21,014.72 FUND 640 14,135.73 Salaries Standby 373.83 423,186.23 Holiday Pay 7,783.41 Sick Pay 3,679.27 Annual Leave Buyback - Vacation Buyback - Sick Leave Buyback - Vacation Pay 14,667.68 Comp Pay 5,314.90 Annual Leave Pay 38,248.33 PERS Retirement 53,978.81 Social Security 21,551.06 PARS Retirement 413.07 State Disability Ins. 1,217.25 Deferred Compensation 725.00 Health Insurance 36,347.60 Dental Insurance 4,401.00 Vision Insurance 980.23 Life Insurance 726.78 Long Term Disability - Uniform Allowance - Car Allowance 875.00 Council Expense - Employee Assistance - Boot Allowance - Motor Pay 100.00 - 423,186.23 't"" ....c LO 0> 0 I'- N ex) V I'- LO LO V N ..... ::J ~ C'! ~ ~ ~ M C'! ~ ~ ~ C'! 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CD <<:t g ' It) C"> It) C"> C"> (j C 0 <0 C\I <0 <0 - N 0 <0 0 0 Z 0 ~, 0 ~ w a. 0 z -J a:: Ci5 -J ~ W 0 U) W ~ ::r: 0 w ~ U) U ~ ~ a:: ::> ~ CD C5 z ~ ~ 0 U u) .0 W :::i 06 6 z ~ ::r: a:: () C) Z z L5 :::I 0 ~ .. ~ S >- t- CD t: <( "Q -1 0 (j) 0 0 '- 0) (t) 0 ..... 10 't U a. :IE " ~ 0) 0') 0> D- c "<:t "t (t) 0) Q) .x f ~ ~ 0 ~ ~ 0 0 0 'q' C i-f 0 0 ~ C'J ro r 0 0 tI " an 0 0 0 ' , 0 ! c .Q '" ~ .c tI ~ 0 ~ 0 f V L, Q ~ ~ 0 0 ~ ~ ~ 2 " ~ (Y) ~ w~ ~ ""'" 0 JI9 0 (Y) ~ $ .# ~ 0 '" 0 ,,~ u ~ (f) ~ ( .f'tt__ I. ~ M 8.b. MEMORANDUM TO: CITY COUNCIL FROM: PATRICK O'REILLY, INTERIM DIRECTOR OF FINANCIAL SERVICES rJlY SUBJECT: CONSIDERATION OF ACCEPTANCE OF CASH FLOW ANALYSIS AND APPROVAL OF INTERFUND ADVANCES FROM THE WATER AND WATER FACILITY FUNDS DATE: AUGUST 24, 2004 RECOMMENDATION: It is recommended the City Council: . Accept the July 2004 cash report, . Approve the interfund advance of $1,808,939 from the Water and the Water Facility Funds to cover cash deficits in other funds as of July 31,2004. FUNDING: No outside funding is required. DISCUSSION: Revenues in individual funds are earned in uneven amounts during each month of the year; however, expenses in these funds are paid out in f~irly consistent amounts. These differences cause some funds to have temporary cash deficits while waiting for revenues to equal expenses. For investment purposes, the City pools cash in individual funds into one bank account. Since the City pools the cash of all funds, individual fund shortages are not readily apparent. However, in reality, funds with excess cash are "financing" the shortages in other funds until revenues equal expenses. This report is prepared to present to the City Council individual fund shortages and the funds financing those shortages. By year-end, all funds are expected to have positive cash balances. AL TERNA TIVES: The following alternatives are provided for City Council consideration: - Approve staff recommendation and accept the report; - Do not approve staff recommendation and decline the report; - Modify as appropriate and approve staff's recommendation; - Provide direction to staff. -~---- ~-,._-~------ CITY COUNCIL CONSIDERATION OF CASH FLOW ANALYSIS AUGUST 24, 2004 PAGE 2 Attachment: A - Cash Balancellnterfund Advance Report -I.J_ I.J-.I ATTACHMENT A CITY OF ARROYO GRANDE CASH BALANCE / INTERFUND ADVANCE REPORT At July 31, 2004 Balance at Recommended Revised Fund 07/31/04 Advances Balance 010 General Fund 2,007,613 2,007,613 210 Fire Protection Impact Fees 217,858 217,858 212 Police Protection Impact Fees 46,986 46;986 213 Park Development 629,872 629,872 214 Park Improvement 172,719 172,719 215 Recreation Community Center 12,416 12,416 217 Landscape Maintenance 33,153 33,153 220 Street (Gas Tax) Fund 6,666 6,666 221 Traffic Congestion Relief 43,215 43,215 222 Traffic Signalization 538,946 538,946 223 Traffic Circulation 467,494 467,494 224 Transportation Facility Impact 2,034,660 2,034,660 225 Transportation 47,042 47,042 226 Water Neutralization Impact 806,773 806,773 230 Construction Tax 105,694 105,694 231 Drainage Facility 32,965 32,965 232 In-Lieu Affordable Housing 964,302 964,302 241 Lopez Facility Fund 1,142,981 1,142,981 250 CDBG Fund 12,376 12,376 260 Federal Fire Act Grant 134,069 134,069 271 State COPS Block Grant Fund (5,955) 5,955 0 272 Calif. Law Enf. Technology Grant (7,259) 7,259 0 279 00-01 Fed Local Law Enforcement Grant 67 67 284 Redevelopment Agency (33,791) 33,791 0 285 Redevelopment Set Aside 192,069 192,069 350 Capital Projects (1,761,934) 1,761,934 0 470 Fire Station GO Bond Debt 22,540 22,540 612 Sewer Fund 38,511 38,511 634 Sewer Facility 190,127 190,127 640 Water Fund 3,040,672 (808,939) 2,231,733 641 Lopez 100,732 100,732 642 Water Facility 1,325,744 (1,000,000) 325,744 751 Downtown Parking 26,220 26,220 760 Sanitation District Fund 54,941 54,941 Total City Wide Cash 12,640,484 0 12,640,484 THE ABOVE LISTING ARE THE CASH BALANCES SHOWN IN THE GENERAL LEDGER OF THE CITY OF ARROYO GRANDE AS OF JULY 31,2004 Patrick J. O'Reilly Director of Financial Services 04-05 Master ---------------- ------~ B.c. MEMORANDUM TO: CITY COUNCIL FROM: PATRICK J, O'REILLY, INTERIM DIRECTOR OF FINANCIAL ~~ SERVICES SUBJECT: CONSIDERATION OF A RESOLUTION AUTHORIZING THE FIRE STATION EXPANSION GENERAL OBLIGATION BOND PROPERTY TAX LEVY DATE: AUGUST 24, 2004 RECOMMENDATION: It is recommended the City Council adopt the attached resolution authorizing the FY 2004- 05 property tax levy approved by voters on November 5, 2002. The San Luis Obispo County Auditor Controller's Office has calculated a .0130% levy per $100 of assessed value. FUNDING: The tax levy of .0130% is expected to result in revenues of approximately $218,700. This will provide sufficient revenues for paying FY 04-05 principal and interest of $134,930; paying agent fees and banking administrative cost of $1,500; San Luis Obispo County handling charges of $500; and increasing the cash reserve by approximately $81,000. This will bring the total cash reserve to approximately $103,000. DISCUSSION: On November 5, 2002, voters approved Measure 0-02, authorizing the expansion of the Arroyo Grande Fire Station and the issuance of $1,900,000 in general obligation bonds. The Measure, which was approved by more than two-thirds of the Arroyo Grande voters, authorized bonded indebtedness and placing a tax on real property within the Arroyo Grande city limits. The election results were subsequently certified and the bonds issued in accordance with all laws and regulations. Interest and principal payments, paying agent fees and banking administrative costs on the general obligation bonds are due during FY 2004-05. The San Luis Obispo County Auditor-Controller requires that all tax levies be submitted by August 31, 2004 for collection and remittance in December 2004 and April 2005. Staff from the SLO Auditor-Controller's office and the City concur on the amount required for principal, interest, and fees; the calculation arriving at the tax levy; and the tax levy amount of .0130%. --~--_.--- --- ------" CITY COUNCIL CONSIDERATION OF GENERAL OBLIGATION BOND PROPERTY TAX LEVY AUGUST 24, 2004 PAGE 2 AL TERNA TIVES: The following alternatives are provided for City Council consideration: - Approve staff recommendations by approving the attached resolution; - Do not approve staff recommendations; - Modify staff recommendations and approve; - Provide direction to staff. ---.--...---- ----~...--- -----...---- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE FIRE STATION . EXPANSION PROPERTY TAX LEVY FOR FISCAL YEAR 2004-05 WHEREAS, City of Arroyo Grande, County of San Luis Obispo, State of California ("City") is duly authorized and existing under the laws of said State; and WHEREAS, in the City of Arroyo Grande, a special election (the "Election") was duly and regularly held on the 5th day of November 2002, in that territory included within the boundaries of the City at which Election there was submitted to the qualified voters of said City the following question: MEASURE 0-02: Shall the City of Arroyo Grande expand the Fire Station including the addition of sleeping facilities, a federally required area for safe clean up of blood-borne pathogens, a federally required room to store turnout clothing, a system to divert vehicle exhaust from the apparatus rooms, an expanded training room, fire sprinklers, seismic retrofit of the facility to meet current standards, and expansion of the apparatus bay, by issuing $1,900,000 in general obligation bonds; and WHEREAS, more than two-thirds of the votes cast at the Election were in favor of and assented to the incurring of such indebtedness, and the City Council of the City is now authorized and empowered to provid~ for the form of bonds of the City, and for the issuance thereof for the purpose and objects provided for in the election, payable, principal and interest, from taxes levied exclusively upon the taxable property within the City, as permitted by law: and WHEREAS, on December 3, 2002, the City Council of the City adopted Resolution No. 3636 which certified the results of the November 5, 2002, election conducted by the Registrar of Voters, which results showed that more than two-thirds of the votes cast were in favor of the proposition to incur bonded indebtedness and levy the tax; and WHEREAS, the City issued its General Obligation Bonds, Series A of 2003 (Fire Station Project) in the amount of $1,900,000 pursuant to Resolution No. 3648, adopted by the City Council of the City, which bonds were issued for the purpose of the fire station expansion and retrofitting project (the "Bonds"); and WHEREAS, the City Council is further authorized to determine by resolution on or before August 31 of each year, the specific tax to be levied on each parcel of land in the City; and WHEREAS, it is now necessary and appropriate that the City Council of the City levy and collect the taxes for Fiscal Year 2004-05 for the purpose specified in the Election, by the adoption of a resolution; and ---'--- " -- RESOLUTION NO, PAGE 2 . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby resolves as follows: 1. In accordance with Section 43632 of the Act, there is hereby levied upon the parcels of land within the City the taxes for Fiscal Year 2004-05 (the "Taxes"), at the tax rates set forth in Exhibit A attached hereto. The City Manager or his designee (the "City Manager") is designated and directed to file this Resolution with the San Luis Obispo County Auditor-Controller no later than August 31, 2004. 2. The Taxes shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure, sale and .lien priority in cases of delinquency as provided for ad valorem taxes, as such procedure may be modified by law or the City Council of the City from time to time. 3. The City Manager is hereby authorized to transmit a certified copy of this Resolution to the San Luis Obispo County Assessor and/or the San Luis Obispo Treasurer-Tax Collector, together with other supporting documentation as may be required to place the Taxes on the secured property tax roll for Fiscal Year 2004-05 and for the collection of the Taxes in the manner of ad valorem property taxes, and to perform all other acts which are required by the Act,- or by law or deemed necessary by the City Manager in order to accomplish the purpose of this Resolution, the Act or Bond covenants. 4. The assessment shall be collected at the same time and in the same manner as County ad valorem property taxes are collected, and all laws providing for the collection and enforcement of County ad valorem property taxes shall apply to the collection and enforcement of the assessments. After collection by the County, the amount of the assessments, after deducting compensation due the County for collection, shall be paid to the City. 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 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 --_._,._.__......~-" -- EXHIBIT A SCHEDULE OF TAX RATE . Tax rate per $100 of assessed value = .0130% .... '- ~-_..,-^....,-~-' II J /;1 B.d. .. MEMORANDUM TO: CITY COUNCIL PATRICK J, O'REILLY, INTERIM DIRECTOR OF FINANCIAL if! FROM: SERVICES SUBJECT: CONSIDERATION OF THE ANNUAL REPORT -FISCAL YEAR 2003-04 CASH ACTIVITY IN TRANSPORTATION FACILITIES DEVELOPMENT IMPACT FUND DATE: AUGUST 24, 2004 RECOMMENDATION: It is recommended the City Council accept the annual report of Transportation Facilities Development Impact Fund cash activity and ending cash balance at June 30,2004. FUNDING: There is no impact on funding from this item. DISCUSSION: Section 6 of Resolution 3021 (Attachment B) requires that within sixty (60) days of the close of each fiscal year, an accounting of the Transportation Facilities Development Impact Fund shall be made available to the public. Resolution 3021 requires the cash balance to be reported within sixty (60) days of the close of the fiscal year, several months before the City's annual audit is complete. The firm of Moss, Levy & Hartzheim, CPA's completed the Fiscal Year 2002-03 independent audit on November 18, 2003, three months atter the issuance of the Cash Activity Report. Therefore, to present a complete picture of the cash activity in this fund, a reconciliation from the Fiscal Year 2002-03 Cash Activity Report (reported August 26, 2003) and the independent audit balance is presented at the top of Attachment A. , This reconciliation to the audit shows a decrease in the Transportation Development Fund of $34,562. This decrease is the result of expenses recognized for the Oak Park Widening Project ($46,460), additional fees collected ($528), and reversal of the accrued interest journal entry from the prior fiscal year ($11,370). During FY 2003-04, facility impact fees ($258,987) and interest income ($25,954) provided $284,941 of additional cash, while estimated capital transfers to the CIP Program of $39,799 reduces that available cash. Though the estimated June 30, 2004 cash balance of $1,990,862 increased by $245,142 during the fiscal year, this balance ~~..._- CITY COUNCIL CONSIDERATION OF TRANSPORTATION FACILITIES DEVELOPMENT REPORT AUGUST 24, 2004 PAGE 2 will change with the fourth quarter interest accrual and the finalization of year-end CIP accounting. AL TERNA TIVES: The following alternatives are provided for City Council consideration: - Approve staff recommendation and accept the annual report; - Do not approve staff recommendation and decline the annual report; - Modify as appropriate and approve staff's recommendation; - Provide direction to staff. Attachments: . 1. A - Report of Cash Activity and Ending Unaudited Cash Balance 2. B - Resolution No. 3021 A IT ACHMENT A CITY OF ARROYO GRANDE TRANSPORTATION FACILITIES IMPACT FEE FUND REPORT OF CASH ACTIVITY AND ENDING UNAUDITED CASH BALANCE AT JUNE 30, 2004 Reconciliation to Audit: Un-audited Cash Balance at July 1, 2003 $1,780,282 2002-03 Audit Adjustments (34.562)* Audited Cash Balance as of July 1 , 2003 .$1.745.720 2003-04 Cash Activity: . Collections, 2003-04 Fiscal Year Interest Income $ 25,954 Facility Impact Fees 258.987 Total Revenues 284,941 Disbursements, 2003-04 Fiscal Year (39.799) Ending Cash Balance, June 30, 2004 ~:L~9Q,e~ * Audit Adjustments: The 2002-03 report was filed before the independent audit was completed. The audit adjustments to revenues and expenditures are as follows: Reversal of Interest Revenue Accrual 11,370 Additional Fees Collected 528 Capital Project Adjustments: Increase in Oak Park Widening Project (46.460) Total decrease in cash ($ 34.562) ;~ . . . . . .' ATTACHMENT B .' RESOLUTION NO. 3021 A RESOLUTION OF THE CITY OF ARROYO GRANDE SETTING FORTII TilE AMOUNT OF PUBLIC FACILITY IMPACT FEES . WHEREAS, Ordinance No, 461 C,S, of the City of Arroyo Grande establishes transportation facility impact fees and provides for the setting of fee amounts by resolution of the City Council; and, WHEREAS, the City has conducted a study which estimates the costs of public facilities needed to maintain the existing level of public services to existing and future residents and businesses in the City of Arroyo Grande, which is attached hereto as Exhibit "A" and which is hereby incorporated herein by reference; and, WHEREAS, pursuant to California Government Code Section 66016, said study has been available for public inspection and review at least ten (10) days prior to a public hearing held on this matter and public notice was provided fourteen (14) days prior to the public hearing; and, WHEREAS, pursuant to California Government Code Section 66017, this resolution shall become effective sixty (60) days from the passage of Ordinance 461 CS. NOW t THEREFORE, the City Council of the City of Arroyo Grande finds and resolves that: . 1. Findinas: a. The purpose of transportation facilities impact fees is to protect the public health, safety and welfare by maintaining the existing level of public services for existing and future residents and businesses within the City of Arroyo Grande, and to pay for the cost of providing such facilities, b, The fees col1ected pursuant to this resolution shall be used only to pay for public facilities identified in Exhibit" A" pursuant to Ordinance No, 461 C,S, c, There is a reasonable relationship between the types of development on which fees are imposed and the purpose for which such fees will be used. . 2. Cost Estimates: The estimated costs of public facilities to be funded with the fees established by this resolution are set forth in attached Exhibit "A"; If the actual or estimated cost of public facilities, as identified. and shown in attached Exhibit "A" should change, the City Manager sh~1l review the fees to determine whether such fees are still adequate, If the fees should be changed, the City Manager shall recommend to the City Council a revised fee schedule be adopted by resolution, 3. Amount of Fees: a. The amount of the public facility impact fees shall be as set forth in attached Exhibit "B," b, The Standard Industrial Classification Manual (SIC) shall be used to interpret land use categories, when it is unclear, - ., . .' Resolu.tion No. 3021 Selling Forth Transportation Facilities Development Impact Fees Page 2 4. Time of Payment: . a, Public facility impact fees for any development project shall be due and payable prior to final inspection and/or issuance of certificate of occupancy, and shall be collected by the Building Official. Notwithstanding, under Government Code Section 66007 (b), the City is authorized to collect the fees at the time of building permit issuance if the fees are for public facilities and improvements for which accounts have been established and funds appropriated, and for which the City has adopted a proposed construction schedule; or the fees are to reimburse the City for expenditures previously made. .. s. Exemptions: Exemptions to the fees adopted herein may be granted by the City Council pursuant to Ordinance _ of the City of Arroyo Grande, 6. Separate Accounts: The Finance Director shall deposit fees collected under this resolution in separate public facility impact fee accounts as required by California Government Code Section 66006. Within sixty days of the close of each fiscal year, the Finance Director shall make available to the public an accounting of each fund, and the City Council shall review that information at its next regular public meeting; notice of the meeting shall be given as provided in Government Code Section 66006(b )(2). 7. Interpretation: Interpretation of this Resolution shall be submitted to the Planning Department in writing and an interpretation shall be made by the Planning Commission, pursuant to Ordinance No. 4.6..K'.S. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Arroyo Grande at its meeting held on the 22nd day of March , 1994, on a motion of Council Member Burke' , seconded by Council. Ment>er Brandy , and on the following roll call vote: AYES: Council ~s Burke, Brandy and Mayor Gallagher NOES: None ABSENT: Council Member Souza . ATTEST: ~a.~ NANCY A, A VIS, CITY CLERK APPROVED AS TO FORM: -- ---------.,------ ---.----.-- , . . . . EXHIBIT" A" " Table 1 Transportation System Improvement Plan . Estimated Other Arroyo Grende Arroyo Grande Improvement Description Cost Agencies Percentage Cost Priority Involved7 Widen Brllco Road underorolllng $2,000,000 No 100% $2.000,000 1 EI Camino Real. Brisco to $510,000 No 100% $510.000 1 Halcyon; wldan to four lenes West Brench Street. 4 lenl from .',890,000 No 100% $1,890,000 1 Oak Park to Brisco ........, West Branch Street. 5 lane from $740,000 No 100% $740.000 5 Brisco to Grend Ava. Oak Perk Road - Widen to 4 $780,000 Grover Beach 50% $380,000 5 lanee Grand Ave. to 101 Huaena Road/227 - Signalize $120,000 County, 33% $39.800 5 Intereectlon Caltrans Branch St.fTratnc Way - $738,000 No 100% $736,000 1 reconngura Intereectlon Including related Improvements Traffic WaylFalr Oake - elgneliza $120,000 No 100% $120,000 5 Intersection Including raletad Improvamentll' Halcyon Rd./Grand Ave. . NB left $225,000 No 100% $225,000 5 turn, WB left turn Elm St./ Farroll Ave. . elgnallze $120,000 No 100% $120,000 5 Intersection Vallay Road. raallgn curve et $33,000 No 100% $33,000 3 school Fsir Oaks - Wldan to 5 lanes $499,000 No 100% $499,000 5 from Traffic Wey to craek Huasne Road. Widen to 4 lanee $893,000 No 100% $693,000 5 from Clarance to Yard Loomis Branch Mill/Cherry AVdhue- $268,000 No 100% $268,000 1 upgrede existing roadway Elm St. . Acquire ROW for $50,000 No 100% $50,000 5 widening Hlllcyon Rd. - Acquire ROW for $200,000 No 100% $200,000 5 wldanlng , I TOTAL I $8,764,000 I I I $8,303,600 I I Sources: Comprehensive South County Traffic Model and Study, Rnal Report, Novamber 1992. City of A"oya Grande Clrcularion Element of the Generel Plen. City of Arroyo Granda Public Works Department. California State Department of Transportation (Caltrans). Priority 1-5 1 - Highest 3 . Moderte 5 . lowest --- ~ - , ..' r Resolution No. 3021 EXI:llBfi' "B" CITY OF ARROYO GRANDE TRANSPORTATION FACILITY J1\tIPACT FEES Average Traffic Land Use Daily Impact Fee Trios Sinole Familv Detached 10 $ 538.22 single Family Attached (Condos & 7 $ 376.75 Duplexes) .. Multi-Familv Units 6.1 $ 328.31 Mobile Homes/Trailers 4.8 $ 258.34 Commercial Retail (per 1,000 40,7 $2,190.55 sa. ft. ) Commercial Service (per 1,000 50 $2,691.09 sa. ft. ) Industrial (oer 1,000 sa. ft.) 5.5 . $ 296.02 Office (per 1,000 sa. ft.) 20 $1,076.44 Miscellaneous uses - Use ITE --- $ 53,82 Manual, for soecific use, oer ADT . ., - ~-'--'-'-----------'--'-- - '. . , - Resolution,No. 3021 . I, NAOCY A. DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury that the foregoing Resolution No. , is a true, full and correct copy of said Resolution passed and adopted at a regular rreeting of said Council on the 22nd day of March, 1994. WI'l'NESS my hand and the Seal of the City of Arroyo Grande affixed this 31 stday of March, 1994. Lf~c.-J- a. ~ CITY CLERK () " . . B.e. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~ SUBJECT: CONSIDERATION OF DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM FOR FFY 2004105 DATE: AUGUST 24, 2004 RECOMMENDATION: It is recommended the City Council approve the submittal of the FFY 2004/05 DBE Program with established Overall Annual DBE Goal to Caltrans by October 1, 2004. FUNDING: It is anticipated that the following Federal-aid highway funds will be expended for the City of Arroyo Grande in FYV 2004/05: . Traffic Way Bridge Rail Replacement Project - Highway Bridge Replacement and Rehabilitation Program (HBRR) funds in the amount of $118,592 DISCUSSION: On May 25, 2004, the Council approved the submittal of the City's FFY 2004/05 DBE Program with a proposed Overall Annual DBE Goal of 2% to Caltrans. Caltrans reviewed the Program and instructed the City to begin its public review process. On May 25, 2004, the Council also directed the Director of Administrative Services to publish a public notice in the local newspaper in accordance with Section XIV of the DBE Program. The notice was published on June 25, 2004 and the public comment period ended August 10, 2004. There were no public comments received by the City. It is recommended the Council approve the City's FFY 2004/05 DBE Program with an established Overall Annual DBE Goal of2%. The City's FFY 2004/05 DBE Program, proof of publication, and summary of the public participation process are to be submitted to Caltrans by October 1, 2004. -- ._----- CITY COUNCIL CONSIDERATION OF DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM FOR FFY 2004/05 AUGUST 24, 2004 PAGE 2 ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Approve staff's recommendation; - Do not approve staff's recommendation; - Modify as appropriate and approve staff's recommendation; - Provide direction to staff. Attachments: 1. Letter to Caltrans with established overall annual DBE goals. 2. Final Disadvantaged Business Enterprise (DBE) Program for FFY 2004/05. S:\PUBLIC WORKS ENGINEERING SHARED ITEMS\DBE Program\DBE Plan FFY 2004- 2005\Council\Sununary of Public Comrnent\Council Memorandum 8-24-2004.doc ---.'. - ._-_.._-,.~- A TT ACHMENT 1 August 25, 2004 Mr. Michael A. Guiliano, P.E., District Local Assistance Engineer Caltrans District 5 50 Higuera Street San Luis Obispo, CA 93401 Subject: Established Annual Overall Disadvantaged Business Enterprise (DB E) Goal Information Dear Mr. Guiliano: The amount of overall goal, methodology, breakout of estimated race-neutral and race-conscious participation, and any DBE program updates are presented herein in accordance with Title 49 of the Code of Federal Regulations Part 26, and as described in the Local Assistance Procedures Manual. The City of Arroyo Grande submits our annual overall goal information (and any needed updates of our DBE program) for your review and comment. We have established an annual overall DBE goal of2% for the Federal Fiscal Year 2004/05, beginning on October 1, 2004 and ending on September 30, 2005. MethodoloQY The "Utilizing the Bidders List" methodology was used to determine the City of Arroyo Grande's overall goal for Federal Fiscal Year FY 2004/05. The City of Arroyo Grande elected to utilize the following methodology in establishing the City of Arroyo Grande's Base Figure of relative DBE availability for FFY 2004/05. For the Numerator: DBE Firms in City of Arroyo Grande's Bidders List For the Denominator: All Firms in City of Arroyo Grande's Bidders List j The City of Arroyo Grande calculated its weighted Base Figure by first determining the number of ready, willing and able DBEs in its FY 20003/04 Bidders List by work category, and dividing the number of DBEs by the total number of firms in the same work category. Through this method, the City of Arroyo Grande measured the availability by the number of firms that have directly participated in, or attempted to participate in, City of Arroyo Grande's DOT -assisted contracting in FY 2004/05. -~.~_.---_. --..----- Mr. Michael A. Guiliano, P.E. August 25, 2004 Page 2 Application of this formula yielded the following baseline information: Number of Readv, Willinq and Able DBE's = BASE FIGURE Number of All Ready, Willing and Able Firms The Base Figure resulting from this calculation was determined to be 2%. As this is the first year the City of Arroyo Grande has used this methodology in determining its overall annual DBE goal, it was concluded that there was not enough known relevant evidence at this time to determine the number of ready, willing and able DBEs by work category. Therefore, the Base Figure for FFY 2004/05 was adjusted by dividing the total number ready, willing and able DBEs in the City's FY 2003/04 Bidders List by the number of the total number of firms in the City's FY 2003/04 Bidders List bidders list. DBE Firms in City of Arrovo Grande's Bidders List = BASE FIGURE All Firms in City of Arroyo Grande's Bidders List The Base Figure resulting from this calculation was determined to be 2%. Breakout of Estimated Race-Neutral and Race-Conscious Participation Of the overall annual 2% goal for DBE participation, the City of Arroyo Grande projects meeting 1 % of the goal utilizing race-neutral methods, including making efforts to assure that bidding and contract requirements facilitate participation by DBEs and other small businesses; unbundling large contracts to make them more accessible to small businesses; encouraging prime contractors to subcontract portions of the work that they might otherwise perform themselves; and providing technical assistance, and other support services to facilitate consideration of DBEs and other small businesses. The remaining 1 % of the goal is anticipated to be accomplished through race-conscience measures, which includes establishing contract specific goals on contracts with contracting possibilities, when needed, to meet the City's overall annual DBE goal. DBE Program Updates Prompt Payment A prime contractor or subcontractor shall pay a subcontractor not later than 10 days of receipt of each progress payment in accordance with the provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The 10 days is applicable unless, a longer period is agreed to in writing. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanction and other remedies of that section. Federal regulation (49 CFR 26.29) requires that any delay or postponement of payment over 30 days of receipt of each payment may take place only for good cause and with the agency's prior written approval. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise, available to the prime contractor or subcontractor in the event of a dispute involving late payment, or nonpayment by the prime contractor, deficient ---.- ---- -- Mr. Michael A. Guiliano, P.E. August 25, 2004 Page 3 subcontract performance, or non compliance by a subcontractor. This provision applies to both DBE and non-DBE prime contractors and subcontractors. Release of Retainaae The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances or portions, as determined by the agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall retum all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal regulation (49 CFR 26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating prime contractor of subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise, available to the prime contractor or subcontractor in the event of a dispute involving late payment, or nonpayment by the subcontractor. This provision applies to both DBE and non-DBE prime contractors and subcontractors. Public Participation Process The City of Arroyo Grande has completed its public participation process. A public notice was published on June 25, 2004 in the Five Cities Times-Press-Recorder. The City made available to the public a copy of its FFY 2004/05 DBE Program with "proposed" Overall Annual DBE Goal for 30 days following the date of publication. In addition, the City allowed 45 days following the date of publication (or August 10, 2004) to receive public comment. No comments were received by the City. A copy of the public notice with proof of publication is included with this letter. Please contact me at (805) 473-5440 or Thomas Korman, Associate Engineer, at (805) 473-5447 if you have any questions regarding this information. Sincerely, Steven Adams City Manager Attachment: Proof of Publication ---- ----...--..-...,--- PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIF01UJIA. TIMES PRESS RECORDER ~-------------------------------------------------+--------------------------- I . '::;lrW~r=o ",:,:; I ..' GRAJ'D. \..ERE.8. :v.;! Fll E . !hath . Cltvol ' 1~'G~~hul Y ACcrS. PAYABLE I i~ ~. .'~ra8J; COP ARROYO GRANDE. CITY OF I ;.~~~, POBOX 'SO I ~,..~ ARROYO GRANDE CA 93421 I . .~,.. ,t.'~: I 5The. .fI.AnfNO.1 ;~ ' .~.;,,~.:~,~ .,.,.~;.. It. 'I '.~. ":=;::..~...;::.....'.. .~.~'....'.,!.....DP....~..S.... ......~J.... ~'. 1"""01 I ~'.~'-';.-"'~', ~..~ REFERENCE: 107189 I : .... '.. .'+. .~: .1IUIIt 48...~ I 168392 PUBLIC NOTICE I .'=1~..... .~"'..tor....(3O)'..\,daY8. '.i.'.. I 5i~''''daf*1. 'In-' I AM THE PRINCIPAL CLBRX OP THE PRINTER OF THE I '. :oo;p.Jb.... ~.~*..ij.......;... .......>~..J, '''-If ,,",-t: t TIMBS-PRESS-RECORDER. A NEWSPAPER OF GENERAL I F!1daY;.",:~.' '. :. CIRCULATION. PRINTED AND PUBLISHED IN THE CITY OF I ~!~;~~.,';;:'.;.,f./.-,..:. 'j ARROYO GRANDE. COtmTY' OF SAN LUIS OBISPO. I~~_~:i CALIFORNIA AND WHICH NEWSPAPER BAS BEEN ADJUDGED AI ~ h'~=/ NEWSPAPER OF GENERAL CIRCULATION BY THE SUPERIOR I =~:,,~,t";:" .... COORT IN THE COUNTY OF SAN LUIS OBISPO. STATE OF I . =l!tj~~At.~ CALIFORNIA, CASE NUMBER 18811. I ..~. ...:;.~..'. ..~...~ 'S;c,. ~,;;~ ... "_.GOiiJ tor I~.:.~ .~from I 1he..cIate,.of." .~..- Commenta :"<~,CIII'I,.+.be.: I ~':tol"'~c;ay'of. .'....., ~.~............'..,.. I . ..- . 'J".''':;j ;M:J:1hII . ..' . .. Of' .I I ... .. .. .....,........L>,.i!'t..j. r ,.".;._',":"''''';';l.~~..~ THAT THE NOTICE OF WHICH THE JINHBXBD IS A PRINTED I . ~. .~\! I .LeaaI..1D.1!t,1 .. -'.~. COpy (SBT IN TYPS NOT SMALLER THAT NONPAREIL). HAS:~~~~;).\-k~'~'~ SEEN PUBLISHED IN BACH RBGDLAR >>D) BNTIRE ISSOB OP I SAID NEWSPAPER >>D) NOT IN ANY SUPPLBMBNT THEROF ON THE FOLLWOING DATES, TO WIT: I CERTIFY (OR DECLARE) VNDER PBNALTY OF PBRJtJRE THAT THE FOREGOING IS TRtIB AND CORRECT. PUBLISHED ON: 06/25 I TOTAL COST: 28 . ~5 I FILED ON: 06/21/04 I . ATTACHMENT 2 City of Arroyo Grande Disadvantaged Business Enterprise (DBE) Program for FFY 2004/05 City of Arroyo Grande Public Works Department P.O. Box 550 Arroyo Grande, CA 93421 (805) 473-5440 May 2004 * This Program is in accordance with Title 49 of the Code of Federal Regulations Part 26 '-... - - -_..._-~--_..,-- CITY OF ARROYO GRANDE DISADV ANT AGED BUSINESS ENTERPRISE (DBE) PROGRAM 1. Definitions of Terms The terms used in this program have the meanings defined in 49 CFR ~26.5. II. Objectives/Policy Statement (~~26.1, 26.23) The City of Arroyo Grande has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. The City of Arroyo Grande has received Federal financial assistance from the DOT, and as a condition of receiving this assistance, the City of Arroyo Grande will sign an assurance that it will comply with 49 CFR Part 26. It is the policy of the City of Arroyo Grande to ensure that DBEs, as defined in part 26, . have an equal opportunity to receive and participate in DOT -assisted contracts. It is also our policy: . To ensure nondiscrimination in the award and administration of DOT-assisted contracts; . To create a level playing field on which DBEs can compete fairly for DOT-assisted contracts; . To ensure that the DBE Program is narrowly tailored in accordance with applicable law; . To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; . To help remove barriers to the participation ofDBEs in DOT-assisted contracts; and . To assist the development of firms that can compete successfully in the market place outside the DBE Program. The Director of Public Works has been delegated as the DBE Liaison Officer. In that capacity, the Director of Public Works is responsible for implementing all aspects of the DBE program. Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by the City of Arroyo Grande in its financial assistance agreements with the California Department of Transportation (Caltrans). The City of Arroyo Grande has disseminated this policy statement to the Arroyo Grande City Council and all the components of our organization. We have distributed this statement to DBE and non-DBE business communities that perform work for us on DOT -assisted contracts by publishing this statement in general circulation, minority-focused and trade association publications. City of Arroyo Grande DBE Program for FFY 2004/05 Page 1 October 2004 ------ III, Nondiscrimination (~26. 7) The City of Arroyo Grande will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR Part 26 on the basis of race, color, sex, or national origin. In administering its DBE program, the City of Arroyo Grande will not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE program with respect to individuals of a particular race, color, sex, or national origin. IV, DBE Program Updates (~26.21) The City of Arroyo Grande will continue to carry out this program until the City of Arroyo Grande has established a new goal setting methodology or until significant changes to this DBE Program are adopted. The City of Arroyo Grande will provide to Caltrans a proposed overall goal and goal setting methodology and other program updates by June 1 of every year. 22. Quotas (~26.43) The City of Arroyo Grande will not use quotas or set asides in any way in the administration of this DBE program. VI. DBE Liaison Officer (DBELO) (~26.45) The City of Arroyo Grande has designated the following individual as the DBE Liaison Officer: Mr. Don Spagnolo, ,P.E. Director of Public Works/City Engineer City of Arroyo Grande P.O. Box 550 214 East Branch Street Arroyo Grande, CA 93421 (805) 473-5440 dspagnolo@arroyogrande.org In that capacity, Mr. Spagnolo is responsible for implementing all aspects of the DBE program and ensuring that the City of Arroyo Grande complies with all provisions of 49 CFR Part 26. This is available on the Internet at: osdbuweb.dot.aov/main.cfm. Mr. Spagnolo has direct, independent access to the City Manager concerning DBE program matters. The DBELO has a staff of two support personnel who will devote a portion of his/ her time to the program. An organization chart displaying the DBELO's position in the organization is found in Attachment A to this program. City of A"oyo Grande DBE Program for FFY 2004/05 Page 2 October 2004 -._--,."--~- ----- The DBELO is responsible for developing, implementing and monitoring the DBE program, in coordination other appropriate officials. Duties and responsibilities include the following: 1. Gathers and reports statistical data and other information as required. 2. Reviews third party contracts and purchase requisitions for compliance with this program. 3. Works with all departments to set overall annual goals. 4. Ensures that bid notices and requests for proposals are available to DBEs in a timely manner. 5. Identifies contracts and procurements so that DBE goals are included in solicitations (both race-neutral methods and contract specific goals) and monitors results. 6. Analyzes the City of Arroyo Grande's progress toward goal attainment and identifies ways to improve progress. 7. Participates in pre-bid meetings. 8. Advises the CEO/governing body on DBE matters and achievement. 9. Chairs the DBE Advisory Committee. 10. Participates with the legal counsel and project director to determine contractor compliance with good faith efforts. 11. Provides DBEs with information and assistance in preparing bids, obtaining bonding and insurance. 12. Plans and participates in DBE training seminars. 13. Provides outreach to DBEs and community organizations to advise them of opportunities. VII, Federal Financial Assistance Agreement Assurance (~26.13) The City of Arroyo Grande will sign the following assurance, applicable to all FHW A-assisted contracts and their administration as part of the program supplement agreement for each project: The recipient shat! not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE Program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The recipient's DBE Program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). City of A"oyo Grande DBE Program for FFY 2004/05 Page 3 October 2004 ~_.- ---~_._------- _._-_._-~ ,----. VIII, DBE Financial Institutions It is the policy of the City of Arroyo Grande to investigate the full extent of services offered by financial institutions owned and controlled by socially and economically disadvantaged individuals in the community, to make reasonable efforts to use these institutions, and to encourage prime contractors on DOT-assisted contracts to make use of these institutions. Information on the availability of such institutions can be obtained from the DBE Liaison Officer. The Caltrans Disadvantaged Business Enterprise Program may offer assistance to the DBE Liaison Officer. IX, Directory (926.31) The City of Arroyo Grande will refer interested persons to the DBE directory available from the Caltrans Disadvantaged Business Enterprise Program website at: www.dot. ca.Qov/hQ/bep. 24. Overconcentration (926.33) The City of Arroyo Grande has not identified any types of work in DOT -assisted contracts that have a overconcentration of DBE participation. If in the future the City of Arroyo Grande identifies the need to address overconcentration, measures for addressing overconcentration will be submitted to the DLAE for approval. XI. Business Development Programs (926.35) The City of Arroyo Grande does not have a business development or mentor-protege program. If the City of Arroyo Grande identifies the need for such a program in the future, the rationale for adopting such a program and a comprehensive description of it will be submitted to the DLAE for approval. XII, Required Contract Clauses (9926.13, 26.29) Contract Assurance The City of Arroyo Grande ensures that the following clause is placed in every DOT-assisted contract and subcontract: The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as recipient deems appropriate. City of Arroyo Grande DBE Program for FFY 2004/05 Page 4 October 2004 - ------- --...-,... -~---------~._-_.-...'- - Prompt Payment A prime contractor or subcontractor shall pay a subcontractor not later than 10 days of receipt of each progress payment in accordance with the provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The 10 days is applicable unless, a longer period is agreed to in writing. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanction and other remedies of that section. Federal regulation (49 CFR 26.29) requires that any delay or postponement of payment over 30 days of receipt of each payment may take place only for good cause and with the agency's prior written approval. These requirements shall not be construed to limit or impair any contractual, administrative. or judicial remedies otherwise, available to the prime contractor or subcontractor in the event of a dispute involving late payment, or nonpayment by the prime contractor, deficient subcontract performance, or non compliance by a subcontractor. This provision applies to both DBE and non-DBE prime contractors and subcontractors. Satisfactory Performance The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the prime contractor receives from the City of Arroyo Grande. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Arroyo Grande. This clause applies to both DBE and non-DBE subcontractors Release of Retainaqe The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances or portions, as determined by the agency of the contract work and pay retainage to the prime contractor based on th~se acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal regulation (49 CFR 26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating prime contractor of subcontractorto the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise, available to the prime contractor or subcontractor in the event of a dispute involving late payment, or nonpayment by the subcontractor. This provision applies to both DBE and non-DBE prime contractors and subcontractors. City of A"oyo Grande DBE Program for FFY 2004/05 Page 5 October 2004 --.------ XIII, Monitoring and Enforcement Mechanisms (926.37) The City of Arroyo Grande will assign a Resident Engineer (RE) or Contract Manager to monitor and track actual DBE participation through contractor and subcontractor reports of payments in accordance with the following: After Contract Award After the contract award the City of Arroyo Grande wi/I review the award documents for the portion of items each DBE and first tier subcontractor will be performing and the dollar value of that work. With these documents the RE/Contract Manager will be able to determine the work to be performed by the DBEs or subcontractors listed. Preconstruction Conference A preconstruction conference will be scheduled between the RE and the contractor or their representative to discuss the work each DBE subcontractor will perform. Before work can begin on a subcontract, the local agency will require the contractor to submit a completed "Subcontracting Request," Exhibit 16-B of the LAPM or equivalent. When the RE receives the completed form it will be checked for agreement of the first tier subcontractors and DBEs. The RE will not approve the request when it identifies someone other than the DBE or first tier subcontractor listed in the previously completed "Local Agency Bidder DBE Information," Exhibit 15-G. The "Subcontracting Request" will not be approved until any discrepancies are resolved. If an issue cannot be resolved at that time, or there is some other concern, the RE will require the contractor to eliminate the subcontractor in question before signing the subcontracting request. A change in the DBE or first tier subcontractor may be addressed during a substitution process at a later date. Suppliers, vendors, or manufacturers listed on the "Local Agency Bidder DBE Information" will be compared to those listed in the completed Exhibit 16-1 of the LAPM or equivalent. Differences must be resolved by either making corrections or requesting a substitution. Substitutions will be subject to the Subletting and Subcontracting Fair Practices Act (FPA). Local agencies will require contrac~ors to adhere to the provisions within Subletting and Subcontracting Fair Practices Act (State Law) Sections 4100-4144. FPA requires the contractor to list all subcontractors in excess of one half of one percent (0.5%) of the contractor's total bid or $10,000, whichever is greater.. The statute is designed to prevent bid shopping by contractors. The FPA explains that a contractor may not substitute a subcontractor listed in the original bid except with the approval of the awarding authority. The RE will give the contractor a blank Exhibit 17 -F, "Final Report Utilization of Disadvantaged Business Enterprises, First Tier Subcontractors" and will explain to them that the document will be required at the end of the project, for which payment can be withheld, in conformance with the contract. City of Arroyo Grande DBE Program for FFY 2004/05 Page 6 October 2004 "---~---- ~._.._- ~------------'~----'--_.,- - Construction Contract Monitorinq The RE will ensure that the RE's staff (inspectors) know what items of work each DBE is responsible for performing. Inspectors will notify the RE immediately of apparent violations. When a firm other than the listed DBE subcontractor is found performing the work, the RE will notify the contractor of the apparent discrepancy and potential loss of payment. Based on the contractor's response, the RE will take appropriate action: The DBE Liaison Officer will perform a preliminary investigation to identify any potential issues related to the DBE subcontractor performing a commercially useful function. Any substantive issues will be forwarded to the Caltrans Disadvantaged Business Enterprise Program. If the contractor fails to adequately explain why there is a discrepancy, payment for the work will be withheld and a letter will be sent to the contractor referencing the applicable specification violation and the required withholding of payment. If the contract requires the submittal of a monthly truck document, the contractor will be required to submit documentation to the RE showing the owner's name; California Highway Patrol CA number; and the DBE certification number of the owner of the truck for each truck used during that month for which DBE participation will be claimed. The trucks will be listed by California Highway Patrol CA number in the daily diary or on a separate piece of paper for documentation. The numbers are checked by inspectors regularly to confirm compliance. Providing evidence of DBE payment is the responsibility of the contractor. Substitution When a DBE substitution is requested, the RE/Contract Manager will request a letter from the contractor explaining why substitution is needed. The RE/Contract Manager must review the letter to be sure names and addresses are shown, dollar values are included, and reason for the request is explained. If the RE/Contract Manager agrees to the substitution, the RE/Contract Manager will notify, in writing, the DBE subcontractor regarding the proposed substitution and procedure for written objection from the DBE subcontractor in accordance with the Subletting and Subcontracting Fair Practices Act. If the contractor is not meeting the contract goal with this substitution, the contractor must provide the required good faith effort to the RE/Contract Manager for local agency consideration. If there is any doubt in the RE/Contract Manager's mind regarding the requested substitution, theRE/Contract Manager may contact the DLAE for assistance and direction. City of Arroyo Grande DBE Program for FFY 2004/05 Page 7 October 2004 --....----- Record KeepinQ and Final Report Utilization of DisadvantaQed Business Enterprises The contractor shall maintain records showing the name and address of each first-tier subcontractor. The records shall also show: 1. The name and business address, regardless of tier, of every DBE subcontractor, DBE vendor of materials and DBE trucking company. 2. The date of payment and the total dollar figure paid to each of the firms. 3. The DBE prime contractor shall also show the date of work performed by their own forces along with the corresponding dollar value of the work claimed toward DBE goals. When a contract has been completed the contractor will provide a summary of the records stated above. The DBE utilization information will be documented on Exhibit 17 -F and will be submitted to the DLAE attached to the Report of Expenditures. The RE will compare the completed Exhibit 17 -F to the contractor's completed Exhibit 15-G and, if applicable, to the completed Exhibit 16-B. The DBEs shown on the completed Exhibit 17 -F should be the same as those originally listed unless an authorized substitution was allowed, or the contractor used more DBEs and they were added. The dollar amount should reflect any changes made in planned work done by the DBE. The contractor will be required to explain in writing why the names of the subcontractors, the work items or dollar figures are different from what was originally shown on the completed Exhibit 15-G when: . There have been no changes made by the RE. . The contractor has not provided a sufficient explanation in the comments section of the completed Exhibit 17 -F. . The explanation will be attached to the completed Exhibit 17 -F for submittaL The RE will file this in the project records. The local agency's Liaison Officer will keep track of the DBE certification status on the Internet at www.dot.ca.Qov/ha/bep and keep the REinformed of changes that affect the contract. The RE will require the contractor to act in accordance with existing contractual commitments regardless of decertification. ~ The DLAE will use the PS&E checklist to monitor the City of Arroyo Grande's commitment to require bidders list information to be submitted to the City of Arroyo Grande from the awarded prime and subcontractors as a means to develop a bidd.ers list. This monitoring will only take place if the bidders list information is required to be submitted as stipulated in the special provisions. The City of Arroyo Grande will bring to the attention of the DOT through the DLAE any false, fraudulent, or dishonest conduct in connection with the program, so that DOT can take the steps (e.g., referral to the Department of Justice for criminal prosecution, referral to the DOT Inspector General, action under suspension and debarment or Program Fraud City of Arroyo Grande DBE Program for FFY 2004/05 Page 8 October 2004 - -------- and Civil Penalties rules) provided in 926.109. The City of Arroyo Grande also will consider similar action under our own legal authorities, including responsibility determinations in future contracts. XIV, Overall Goals (926.45) Amount of Goal The City of Arroyo Grande's overall goal for the Federal fiscal year FFY 2003/04 is the following: 4% ofthe Federal financial assistance in FHWA-assisted contracts. This overall goal is broken down into 4% race-conscious and 0% race-neutral components. MethodoloQY The "Utilizing the Goal of Another Local Agency" methodology was used to determine the City's overall goal for Federal Fiscal Year 2003/04. Specifically, the City of San Luis Obispo's goal, based on the DBE Directories and Census Bureau Data, was used. 1. DOT -Assisted ContractinQ ProQram for FYV 2003/04 The following represents the City of Arroyo Grande's projected FHW A funded contracts and expenditures by work category and corresponding North American Industry Classification System (NAICS) for FFY 2003/04: Highway and Street 234110 $ 1 00 .1 00 100% Construction $ 100,100 - Traffic Way Bridge Rail Replacement Project (HBRR) TOTAL $ 100,100 100% 2. Goal-methodoloQY Step I: Determination of a Base Figure (49 CFR 26.45) The City of Arroyo Grande utilized the following methodology in establishing its Base Figure of relative DBE availability for FFY 2003/04. For the Numerator: Certified DBE Firms in City of Arroyo Grande's Bidders List For the Denominator: All Firms in City of Arroyo Grande's Bidders List City of A"oyo Grande DBE Program for FFY 2004/05 Page 9 October 2004 --.--,---- _.-.-..-m......----- The City of Arroyo Grande calculated its weighted Base Figure by first determining the number of ready, willing and able DBEs in its FY 2003/04 Bidders List by work category, and dividing the number of DBEs by the total number of firms in the same work category. Through this method, the City of Arroyo Grande can measure availability by the number of firms that have directly participated in, or attempted to participate in, City of Arroyo Grande's DOT-assisted contracting in FY 2003/04. Application of this formula yields the following baseline information: Number of DBE's in City of Arrovo Grande's Bidder List = BASE FIGURE Number of All Firms in City of Arroyo Grande's Bidders List The Base Figure resulting from this ,calculation is as follows: Base Figure = 1.0 (DBE's in 234110) Base Figure = 1.0m (1 ) Base Figure = 1.0(1 ) Base Figure = [1 ] x 1 00 Base Figure = [ 1 ] x 1 00 = 1% Step II: Adjusting the Base Figure Breakout of Estimated Race-Neutral and Race-Conscious Participation Of the overall annual 2% goal for DBE participation, the City of Arroyo Grande projects meeting 1 % of the goal utilizing race-neutral methods, including making efforts to assure that bidding and contract requirements facilitate participation by DBEs and other small businesses; unbundling large contracts to make them more accessible to small businesses; encouraging prime contractors to subcontract portions of the work that they might otherwise perform themselves; and providing technical assistance, and other support services to facilitate consideration of DBEs and other small businesses. The remaining 1 % of the goal is anticipated to be accomplished through race-conscience measures, which includes establishing contract specific goals on contracts with contracting possibilities, when needed, to meet the City's overall annual DBE goal. City of Arroyo Grande DBE Program for FFY 2004/05 Page 10 October 2004 --"--"---- ----------------".._- Process Starting with the Federal fiscal year 2002, the amount of overall goal, the meth.od to calculate the goal, and the breakout of estimated race-neutral and race-conscious participation will be required annually by June 1 st in advance of the Federal fiscal year beginning October 1 for FHW A-assisted contracts. Submittals will be to the Caltrans' DLAE. An exception to this will be if FTA or FAA recipients are required by FTA or FAA to submit the annual information to them or a designee by another date. FHW A recipients will follow this process: Once the DLAE has responded with preliminary comments and the comments have been incorporated into the draft overall goal information, the City of Arroyo Grande will publish a notice of the proposed overall goal, informing the public that the proposed goal and its rationale are available for inspection during normal business hours at the City of Arroyo Grande's principal office for 30 days following the date of the notice, and informing the public that City of Arroyo Grande comments will be accepted on the goals for 45 days following the.date of the notice. Advertisements in newspapers, minority focus media, trade publications, and websites will be the normal media to accomplish this effort. The notice will include addresses to which comments may be sent and addresses (including offices and websites) where the proposal may be reviewed. The overall goal resubmission to the Caltrans DLAE, will include a summary of information and comments received during this public participation process and City of Arroyo Grande's responses. This will be due by September 1 to the Caltrans DLAE. The DLAE will have a month to make a final review so the City of Arroyo Grande may begin using the overall goal on October 1 st of each year. If there is a design build please refer to Appendix B of this DBE Program. XV, Contract Goals (~26.51) The City of Arroyo Grande will use contract goals to meet any portion of the overall goal the City of Arroyo Grande does not project being able to meet by the use of race-neutral means. Contract goals are established so that, over the period to which the overall goal applies, they will cumulatively result in meeting any portion of the overall goal that is not projected to be met through the use of race-neutral means. Contract goals will be established only on those DOT -assisted contracts that have subcontracting possibilities. Contract goals need not be established on every such contract, and the size of contract goals will be adapted to the circumstances of each such contract (e.g., type and location of work, availability of DBEs to perform the particular type of work). The contract work items will be compared with eligible DBE contractors willing to work on the project. A determination will also be made to decide which items are likely to be performed by the prime contractor and which ones are likely to be performed by the City of Arroyo Grande DBE Program for FFY 2004/05 Page 11 October 2004 ------- subcontractor(s). The goal will then be incorporated into the contract documents. Contract goals will be expressed as a percentage of the total amount of a DOT-assisted contract. XVI, Transit Vehicle Manufacturers (926.49) If DOT -assisted contracts will include transit vehicle procurements, the City of Arroyo Grande will require each transit vehicle manufacturer, as a condition of being authorized to bid or propose on transit vehicle procurements, to certify that it has complied with the requirements of 49 CFR Part 26, Section 49. The City of Arroyo Grande will direct the transit vehicle manufacturer to the subject requirements located on the Internet at: http://osdbuweb.dot.qov/proqrams/dbe/dbe.htm. XVII, Good Faith Efforts (926.53) Information to be Submitted The City of Arroyo Grande treats bidders'/offerors' compliance with good faith effort requirements as a matter of responsiveness. A responsive proposal is meeting all the requirements of the advertisement and solicitation. Each solicitation for which a contract goal has been established will require the bidders/offerors to submit the following information to: City of Arroyo Grande Attn: Director of Administrative Services P.O. Box 550 214 East Branch Street Arroyo Grande, CA 93421 no later than 4:00 p.m. on or before the fourth day, not including Saturdays, Sundays and legal holidays, following bid opening: 1. The names and addresses of known DBE firms that will participate in the contract; 2. A description of the work that each DBE will perform; 3. The dollar amount of the participation of each DBE firm participation; 4. Written and signed documentation of commitment to use a DBE subcontractor whose participation it submits to meet a contract goal; 5. Written and signed confirmation from the DBE that it is participating in the contract as provided in the prime contractor's commitment; and 6. If the contract goal is not met, evidence of good faith efforts. City of A"oyo Grande DBE Program for FFY 2004/05 Page 12 October 2004 ---..--.---- -..------- ,__u Demonstration of Good Faith Efforts The obligation of the bidder/offeror is to make good faith efforts. The bidder/offeror can demonstrate that it has done so either by meeting the contract goal or documenting good faith efforts. Examples of good faith efforts are found in Appendix A to part 26, which is attached. The following personnel are responsible for determining whether a bidder/offeror who has not met the contract goal has documented sufficient good faith efforts to be regarded as responsive: The City of Arroyo Grande Director of Public Works. The City of Arroyo Grande will ensure that all information is complete and accurate and adequately documents the bidder/offeror's good faith efforts before a commitment to the performance of the contract by the bidder/offeror is made. Administrative Reconsideration Within 10 days of being informed by the City of Arroyo Grande that it is not responsive because it has not documented sufficient good faith efforts, a bidder/offeror may request administrative reconsideration. Bidder/offerors should make this request in writing to the following reconsideration official; Mr. Steven Adams, City Manager City of Arroyo Grande P.O. Box 550 214 East Branch Street Arroyo Grande, CA 93421 (805) 473-5404 The reconsideration official will not have played any role in the original determination that the bidder/offeror did not make document sufficient good faith efforts. As part ofthis reconsideration, the bidder/offeror will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The bidder/offeror will have the opportunity to meet in person with the reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do. The City of Arroyo Grande will send the bidder/offeror a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. The result of the reconsideration process is not administratively appealable to Caltrans, FHW A or the DOT. City of Arroyo Grande DBE Program for FFY 2004/05 Page 13 October 2004 ---"--~- -,-~ . ----~-- Good Faith Efforts when a DBE is Replaced on a Contract The City of Arroyo Grande will require a contractor to make good faith efforts to repl~ce a DBE that is terminated or has otherwise failed to complete its work on a contract with another certified DBE, to the extent needed to meet the contract goal. The prime contractor is required to notify the RE immediately of the DBE's inability or unwillingness to perform and provide reasonable documentation. In this situation, the prime contractor will be required to obtain City of Arroyo Grande prior approval of the substitute DBE and to provide copies of new or amended subcontracts, or documentation of good faith efforts. If the contractor fails or refuses to comply in the time specified, the City of Arroyo Grande contracting office will issue an order stopping all or part of payment/work until satisfactory action has been taken. IUhe contractor still fails to comply, the contracting officer may issue a termination for default proceeding. VXIII, Counting DBE Participation (926.55) The City of Arroyo Grande will count DBE participation toward overall and contract goals as provided in the contract specifications for the prime contractor, subcontractor, joint venture partner with prime or subcontractor, or vendor of material or supplies, See the Caltrans' Sample Boiler Plate Contract Documents previously mentioned. Also, refer to XI, A. "After Contract Award." XIX, Certification (926.83(a)) The City of Arroyo Grande ensures that only DBE firms currently certified on the Caltrans' directory will participate as DBEs in our program. XX, Information Collection and Reporting Bidders List The City of Arroyo Grande will create and maintain a bidders list, consisting of information about all DBE and non-DBE firms that bid or quote on its DOT -assisted contracts. The bidders list will include the name, address, DBE/non-DBE status, age, and annual gross receipts of firms. MonitorinQ Payments to DBEs Prime contractors are required to maintain records and documents of payments to DBEs for three years following the performance of the contract. These records will be made available for inspection upon request by any authorized representative of the City of Arroyo Grande, Caltrans, or FHW A. This reporting requirement also extends to any certified DBE subcontractor. City of A"oyo Grande DBE Program for FFY 2004/05 Page 14 October 2004 --'-~- --"--'-~ ~_._--.--.-_.....'~-- Payments to DBE subcontractors will be reviewed by the City of Arroyo Grande to ensure that the actual amount paid to DBE subcontractors equals or exceeds the dollar amounts stated in the schedule of DBE participation. ReDortinQ to Caltrans The City of Arroyo Grande's final utilization of DBE participation will be reported to the DLAE using Exhibit 17-F of the Caltrans' LAPM. Confidentialitv The City of Arroyo Grande will safeguard from disclosure to third parties information that may reasonably be regarded as confidential business information, consistent with Federal, state, and local laws. This Disadvantaged Business Enterprises Program is approved by: Steven Adams Date City Manager This Disadvantaged Business Enterprises Program is accepted by: Michael A. Giuliano, P.E. Date Caltrans District 5 Local Assistance Engineer City of A"oyo Grande DBE Program for FFY 2004/05 Page 15 October 2004 --...--- ATTACHMENT A ORGANIZATIONAL CHART THE ELECTORS . I MAYOR AND CITY COUNCIL I CITY MANAGER Steven Adams I PUBLIC WORKS DEPARTMENT Don Spagnolo, P.E. Director/City Engineer/DBELO I I I Michael E. Linn, P.E. Thomas Korman, P.E. Assistant City Engineer/ Associate Engineer/ DBE Support Staff DBE Support Staff City of Arroyo Grande DBE Program for FFY 2004/05 Attachment A October 2004 ---'-.'-"'-"- ------~-- --... APPENDIX A TO PART 26 GUIDANCE CONCERNING GOOD FAITH EFFORTS . 1. When, as a recipient, you establish a contract goal on a DOT-assisted contract, a bidder must, in order to be responsible and/or responsive, make good faith efforts to meet the goal. The bidder can meet this requirement in either of two ways. First, the bidder can meet the goal, documenting commitments for participation by DBE firms sufficient for this purpose. Second, even if it doesn't meet the goal, the bidder can document adequate good faith efforts. This means that the bidder must show that it took all necessary and reasonable steps to achieve a DBE goal or other requirement of this part which, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE participation, even if they were not fully successful. 2. In any situation in which you have established a contract goal, part 26 requires you to use the good faith efforts mechanism of this part. As a recipient, it is up to you to make a fair and reasonable judgment whether a bidder that did not meet the goal made adequate good faith efforts. It is important for you to consider the quality, quantity, and intensity of the different kinds of efforts that the bidder has made. The efforts employed by the bidder should be those that one could reasonably expect a bidder to take if the bidder were actively and aggressively trying to obtain DBE participation sufficient to meet the DBE contract goal. Mere pro forma efforts are not good faith efforts to meet the DBE contract requirements. We emphasize, however, that your determination concerning the sufficiency of the firm's good faith efforts is a judgment call: meeting quantitative formulas is not required. 3. The Department also strongly cautions you against requiring that a bidder meet a contract goal (i.e., obtain a specified amount of DBE participation) in order to be awarded a contract, even though the bidder makes an adequate good faith efforts showing. This rule specifically prohibits you from ignoring bona fide good faith efforts. 4. The following is a list of types of actions which you should consider as part of the bidder's good faith efforts to obtain DBE participation. It is not intended to be a mandatory checklist, nor is it intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases. 1. Soliciting through all reasonable and available means (e.g. attendance at pre-bid meetings, advertising and/or written notices) the interest of all certified DBEs who have the capability to perform the work of the contract. The bidder must solicit this interest within sufficient time to allow the DBEs to respond to the solicitation. The b.idder must determine with certainty if the DBEs are interested by taking appropriate steps to follow up initial solicitations. 2. Selecting portions of the work to be performed by DBEs in order to increase City of Arroyo Grande DBE Program for FFY 2004/05 Appendix A- Page 1 October 2004 -------- the likelihood that the DBE goals will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units to facilitate DBE participation, even when the prime contractor might otherwise prefer to perform these work items with its own forces. 3. Providing interested DBEs with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation. 4. (1 ) Negotiating in good faith with interested DBEs. It is the bidder's responsibility to make a portion of the work available to DBE subcontractors and suppliers and to select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional agreements could not be reached for DBEs to perform the work. (2) A bidder using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE subcontractors, and would take a firm's price and capabilities as well as contract goals into consideration. However, the fact that there may be some additional costs involved in finding and using DBEs is not in itself sufficient reason for a . bidder's failure to meet the contract DBE goal, as long as such costs are reasonable. Also, the ability or desire of a prime contractor to perform the work of a contract with its own organization does not relieve the bidder of the responsibility to make good faith efforts. Prime contractors are not, however, required to accept higher quotes from DBEs if the price difference is excessive or unreasonable. 5. Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. The contractor's standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. non-union employee status) are not legitimate causes for the rejection or non-solicitation of bids in the contractor's efforts to meet the project goal. 6. Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required by the recipient or contractor. 7. Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services. 8. Effectively using the services of available minority/women community organizations; minority/women contractors' groups; local, state, and Federal City of A "oyo Grande DBE Program for FFY 2004/05 Appendix A- Page 2 October 2004 --""--- -~_. - minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of DBEs. 5. In determining whether a bidder has made good faith efforts, you may take into account the performance of other bidders in meeting the contract. For example, when the apparent successful bidder fails to meet the contract goal, but others meet it, you may reasonably raise the question of whether, with additional reasonable efforts, the apparent successful bidder could have met the goal. If the apparent successful bidder fails to meet the goal, but meets or exceeds the average DBE participation obtained by other bidders, you may view this, in conjunction with other factors, as evidence of the apparent successful bidder having made good faith efforts. City of Arroyo Grande DBE Program for FFY 2004/05 Appendix A- Page 3 October 2004 ---------_.~ ----- ~c_'_...._ APPENDIX B TO BE USED FOR DESIGN-BUILD CONTRACTS . The following are hereby incorporated into the Agency's Disadvantaged Business Enterprise (DBE) Program: II, Objectives IPolicy Statement (9926.1, 26.23) At the end of the first paragraph, add the following: The Agency recognizes that certain modifications are necessary to adapt the program for use in connection with design-build contracts, and. has therefore established certain procedures applicable to design-build DBE contracts under the DBE Program. Public Contract Code Section 4109 requires subcontractors to be identified by the prime contractor for the subletting or subcontracting of any portion of the work in excess of one-half of 1 percent of the prime contractor's total bid. Exceptions are only in the cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the awarding authority setting forth the facts constituting the emergency or necessity. The written public record of the awarding authority/Agency as to either emergency or necessity is attached hereto (See Appendix C for sample). XIII, Monitoring and Enforcement Mechanisms (926.37) At the end of the first paragraph below "After Contract Award", add the following paragraph: After Desiqn-Build Contract Award As described in the Section entitled "GOOD FAITH EFFORTS" below, each proposer for an Agency design-build contract will be required to submit a DBE Performance Plan as part of a responsive proposal. Following award of a design-build contract and during both the design and construction portions of the project, the design-build contractor will be required to submit documentation, in the form of progress reports described below, to show that the design-build contractor is meeting the contract goal for the project, or if the goal is not being met, the design-build contractor must submit satisfactory evidence that it has made good faith efforts, in accordance with that Section, to meet the goal. Evidence of good faith efforts, as described in 49 CFR Part 26 Section 26.5349 and Appendix A, will be monitored by the Agency throughout the duration of the design-build project. At the end of the first paragraph below "Pre-Construction Conference", add the following sentence: The contractor will promptly provide the Agency with the information required by the form entitled "Local Agency DBE Information" upon selection of any DBE or other subcontractor not previously identified by the design-build contractor. During the course of the contract, differences must be explained and resolved by either making corrections or requesting a substitution. City of Arroyo Grande . DBE Program for FFY 2004/05 Appendix B - Page 1 October 2004 ------._"-- --..-. .._..~-- --'---~"'"---'--~---'._.._.~' ~- At the end of the fourth paragraph below "Construction Contract MonitorinQ", add the following paragraph: The contractor will provide DBE Progress Reports to the Agency with each invoice and will provide an annual report on or before August 1 of each year of the design-build contract. Each report must also include a narrative summary stating whether the contractor is on target with respect to the DBE goal set forth in the design-build contract, whether the goal has been exceeded (stating the amount of the excess), or whether the contractor is behind target (stating the amount of the deficit). XVII, Good Faith Efforts (926.53) At the end of the third paragraph below "Information to be Submitted", add the following items: 7. A DBE Performance Plan containing a detailed description of the design-build contractor's planned methodology for achieving the DBE goal stated in the contract, including a description ofthe good faith efforts the design-build contractor intends to undertake to achieve that goal. 8. A design-build proposal must also include an affidavit that the proposer will either attain the DBE goals for the design-build contract or will exercise good faith efforts to do so. At the end of the first paragraph below "Demonstration of Good Faith Efforts", add the following sentence: If it is a design-build contract, each contractor proposing will be required to submit DBE Performance Plan as part of a responsive proposal and good faith efforts. This Disadvantaged Business Enterprises Program for design-build contracts is approved by: Steven Adams Date City Manager This Disadvantaged Business Enterprises Program for design-build contracts is accepted by: Michael A. Giuliano, P.E. Date Caltrans District 5 Local Assistance Engineer City of Arroyo Grande DBE Program for FFY 2004/05 Appendix B - Page 2 October 2004 --~.~... ------."...---- -_._. APPENDIX C SAMPLE RESOLUTION RESOLUTION OF THE CITY OF ARROYO GRANDE REGARDING NECESSITY OR EMERGENCY FOR SUBSEQUENT SUBCONTRACTOR IDENTIFICATION AND SELECTION FOR DESIGN-BUILD CONTRACTS (REQUIRED BY PUBLIC CONTRACT CODE SECTION 4109 ENTITLED "PUBLIC EMERGENCY GROUNDS FOR CHANGE") 1. EXPLANATION OF PUBLIC NECESSITY OR EMERGENCY: 2. FACTS CONSTITUTING THE PUBLIC NECESSITY OR EMERGENCY: 3. FINDINGS: 4. RESOLUTION FOR SUBSEQUENT IDENTIFICATION OF SUBCONTRACTORS: 5. ADOPTION OF PROCEDURE TO BE USED BY DESIGN-BUILD CONTRACTOR FOR SUBSEQUENT IDENTIFICATION OF SUBCONTRACTORS: 6. CERTIFICA TEOF SECRETARY 1. MOTION MADE AND DATE 2. VOTING RESUL TS 3. SIGNATURES: (a) (Secretary) (b) (Chairperson) City of A"oyo Grande DBE Program for FFY 2004/05 Appendix C October 2004 .-._..... 8.f. MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGERfr' SUBJECT: CONSIDERATION OF RESOLUTION SUPPORTING PROPOSITION 1A DATE: AUGUST 24, 2004 RECOMMENDATION: It is recommended the City Council approve the attached resolution supporting Proposition 1 A. FUNDING: There are no costs associated with this agenda item. However, voter approval of Proposition 1A will have a significant positive fiscal impact by protecting future City revenues. DJSCUSSION: Proposition 1A is a bipartisan agreement between the Governor, local governments, legislators, public safety officials, healthcare advocates, taxpayers and community leaders. The initiative restricts the State's ability in the future to transfer local government funding, including the local government share of existing sales taxes, property taxes and VLF revenues. Under the agreement with the Governor, the City of Arroyo Grande will lose approximately $235,000 to the State in FY 2004-05 and FY 2005-06. However, in FY 2006-07, approximately $330,000 will be returned to the City and City revenues will be constitutionally protected thereafter. The initiative does provide some flexibility to enable the State to utilize local government funding to respond to fiscal emergencies. However, the State will only be able to do so twice in any ten year period, it will be in the form of a loan that will have to be repaid, and one loan will have to be repaid prior to another being enacted. Proposition 1A eliminates the need for Proposition 65, which was placed on the ballot earlier this year to stop the State from taking local government funding. As a result, all the official proponents of Proposition 65 are now in support of Proposition 1A as a substitute. The League of California Cities Board of ------~....._- ----. --- --- CITY COUNCIL RESOLUTION SUPPORTING PROPOSITION 1A AUGUST 24, 2004 PAGE 2 Directors has voted to support the State budget resolution established with Proposition 1A and has requested cities to adopt resolutions of support. AL TERNA TIVES: The following alternatives are provided for the City Council's consideration: - Approve the attached resolution in support of Proposition 1A; - Modify and approve the attached resolution as appropriate; - Do not approve the attached resolution; - Provide direction to staff. U:\Reports\Proposition IA Support Resolution 8.24.04.doc ---_..._-.-. -----~_._--- RESOLUTION NO, A RESOLUTION OF THE CITY COUNCIL OF THE . CITY OF ARROYO GRANDE SUPPORTING PROPOSITION 1A WHEREAS, state government currently seizes more than $5.2 billion annually in local property tax funds statewide from cities, counties and special districts, costing local governments more than $40 billion in lost revenues over the past 12 years; and WHEREAS, these ongoing shifts and raids by the state of local property tax funds and other funding dedicated to local governments have seriously reduced resources available for local fire and paramedic response, law enforcement, public health and emergency medical care, roads, parks, libraries, transportation and other essential local services; and WHEREAS, these funding raids also add pressure for local governments to increase fees and taxes to maintain basic local service levels; and WHEREAS, this drain of local resources has continued even during periods when the state's budget has been overflowing with surpluses; and WHEREAS, Proposition 1 A is a historic measure that will appear on the November 2004 statewide ballot that would limit the State's ability to take and use local government funding; and WHEREAS, by protecting local government funding, Proposition 1A would protect local public safety, healthcare and other essential local services; and WHEREAS, Proposition 1A will not raise taxes and, in fact, will help reduce pressure for local fee and tax increases by limiting state raids of local government funding; and WHEREAS, Proposition 1A does not reduce funding for schools or any other state program or service, and Proposition 1 A was carefully written to allow flexibility in the event of a state budget emergency; and WHEREAS, Proposition 1 A is supported by a bipartisan, diverse coalition including Governor Schwarzenegger, Democrat and Republican legislative leaders, local government officials, public safety representatives, healthcare, business, labor and community leaders; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby expresses strong support for Proposition 1 A, the statewide ballot initiative that will prevent the state from further taking local government revenues; and ----"- -- RESOLUTION NO, PAGE 2 BE IT RESOLVED FURTHER, that a copy of this resolution will be sent to Yes on 1A- Californians to Protect Local Taxpayers and Public Safety. Fax: 916-442-3510 or 1121 L Street, #803, Sacramento, CA 95814. On motion by Council Member , seconded by Council Member , and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was adopted this day of ,2004. ---.--.-.---.....--.- --"-_.---. RESOLUTION NO, PAGE 3 TONY M, FERRARA, MAYOR ATTEST: KELL Y WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J, CARMEL, CITY ATTORNEY I --~ 8.g. MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER fr SUBJECT: CONSIDERATION OF AGREEMENT FOR LEGAL SERVICES - CARMEL & NACCASHA LLP DATE: AUGUST 24, 2004 RECOMMENDATION: It is recommended the City Council approve a Legal Services Agreement ("Agreement") with the firm of Carmel & Naccasha LLP and authorize the Mayor to execute the Agreement. FUNDING: Approval of the Agreement will have no fiscal impact. The Agreement contains the same terms and conditions as those in place and there will be no change to amounts currently budgeted for legal services. DISCUSSION: The City Attorney recently moved his law practice to the firm of Carmel & Naccasha LLP. He requests that the City enter into the attached Legal Services Agreement which is substantively identical to the prior agreement with Lyon & Carmel. It is recommended the Council approve and authorize the Mayor to execute the attached Agreement. AL TERNA TIVES: The following alternatives are provided for the Council's consideration: - Approve the attached Agreement; - Modify and approve the attached Agreement; - Do not approve the attached Agreement; - Provide direction to staff. Attachment: 1. Legal Services Agreement ---------- - -------- ATTACHMENT 1 AGREEMENT FOR LEGAL SERVICES THIS AGREEMENT is entered into by and between the CITY OF ARROYO GRANDE (hereinafter "CITY") and CARMEL & NACCASHA LLP (hereinafter "ATTORNEY"). This Agreement is required by Business and Professions Code Section 6148 and is intended to fulfill the requirements ofthat section. ATTORNEY maintains errors and omissions insurance coverage applicable to the services to be rendered pursuant hereto. 1. CITY hereby employs ATTORNEY to act as attorney for CITY as a part-time independent contractor. 2. ATTORNEY shall be paid at an hourly rate of One Hundred Forty Dollars ($140) for regular duties by an attorney of the firm for ordinary services including, but not limited to. a. Drafting and review of ordinances, resolutions, contracts, leases, opinions, and similar documents; b. Attendance at City Council meetings; c. Rendering written and oral opinions to the City Council and/or City Manager; d. Reviewing contracts for correct legal form and content for insurance compliance. 3. ATTORNEY shall be paid at the increased rate of One Hundred Sixty dollars ($160) per hour when assigned to perform any of the following duties or services: a. Defending or prosecuting actions in all courts or administrative agencies on behalf of the CITY; b. Representing the CITY or CITY's officers before local, State or Federal Courts, boards, or commissions when there is opposing counsel, or when specifically requested to do so by the CITY; c. Any other unusual, extraordinary, or complicated matters as requested by CITY. 4. ATTORNEY shall provide the services referred to in Paragraphs 2 and 3 only as requested by CITY's Council, its Mayor, or the CITY's City Manager. --------..----- 5. In addition to his hourly compensation, ATTORNEY will be reimbursed for out- of-pocket expenses for such items as court filing fees, long distance telephone calls, photocopying, fax charges and other similar out-of-pocket items. 6. It is understood and agreed that ATTORNEY may retain, on behalf of CITY, special counsel to associate with ATTORNEY in any matter customarily requiring or warranting the need of such special counsel by reason of their expertise in particular matters, upon the recommendation of ATTORNEY and approval and authorization thereof by the City Councilor City Manager. 7. ATTORNEY is employed to serve at the pleasure of the CITY's Council and shall at all times hold himself ready to perform CITY's duties pursuant to this Agreement. However, it is understood that ATTORNEY is free to engage in a full-time private practice and it will be necessary to provide adequate notice to ATTORNEY of the need for extraordinary servIce. 9. This Agreement supersedes any and all prior agreements, including, but not limited to that certain agreement between CITY and Lyon & Carmel dated April 20, 1995. This Agreement can be terminated by either party giving (90) days written notice. Dated: , 2004 CITY OF ARROYO GRANDE By: TONY M. FERRARA, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK. CARMEL & NACCASHA By: TIMOTHY 1. CARMEL 9.a. MEMORANDUM TO: CITY COUNCIL FROM: ~ ROB STRONG, COMMUNITY DEVELOPMENT ~IRECTOR BY: TERESA MCCLISH, ASSOCIATE PLANNE~ SUBJECT: CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 03-008: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED DECLARA nON AND DIRECTING THE DIRECTOR OF ADMINISTRATIVE SERVICES TO FILE A NOTICE OF DETERMINATION TO 1) AMEND THE ZONING MAP AND PORTIONS OF TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE REZONING TO MIXED USE DISTRICTS THE COMMERCIAL, INDUSTRIAL, AND OFFICE PROFESSIONAL AND COMMERCIAL PORTIONS OF PLANNED .DEVELOPMENT 1,1 AND 1,2 DISTRICTS, AND ADOPT REGULATIONS FOR THE REGIONAL COMMERCIAL DISTRICT; AND 2) ADOPT DESIGN GUIDELINES AND STANDARDS PERTAINING TO EAST GRAND A VENUE AND A PORTION OF EL CAMINO REAL DATE: AUGUST 24, 2004 RECOMMENDATION: It is recommended the City Council continue the public hearing on this proposal to September 28. 2004. DISCUSSION: The proposed resolution and ordinance are part of a comprehensive update of the Development Code to ensure consistency with the 2001 General Plan as required by state law. The proposal includes revisions to zoning regulations as they relate to commercial and mixed-use districts in the City excluding districts in the vicinity of the Village or Traffic Way that have already been updated. Additionally, general Design Guidelines and Standards are proposed for mixed use districts on E. Grand Avenue and a portion of EI Camino Real. The review process for public art previously recommended by the Council is also proposed to be included in the City's compilation of Design Guidelines and Standards. The proposal was originally noticed for tonight's Council meeting. However, due to changes in scheduling for review of the proposal before the Architectural Review Committee (ARC) and Planning Commission and the required notice period for environmental review, this item is proposed to be heard by the City Council on September 28. 2004. S:\COMMUNITY _DEVELOPMENT\PROJECTS\SPECIAL\DEV _ CODE_UPDATE\COMMERCIAL_DIST\E Grand plus\CC Sf 082404.doc -- --_.._---,--- . -..... ~-_.._-- CITY COUNCIL DEVELOPMENT CODE AMENDMENT 03-008 AUGUST 24, 2004 PAGE 2 The ARC completed review of the Design Guidelines and Standards on August 9, 2004. The Planning Commission recommended approval of the proposed Ordinance and Resolution with modifications on August 17 J 2004. Staff has prepared a Negative Declaration that has been noticed for a 20-day public review period, addressing potential impacts of the proposal and recommended modifications. The proposed Development Code revisions and the draft Design Guidelines and Standards will be available for public review at the Community Development Department and on the City's Web site starting on September 1, 2004. AL TERNA TIVES: The following alternatives are presented for Council consideration: - Continue the item to September 28, 2004 - Provide direction to staff. -------.,,-. I.b. CITY OF ARROYO GRANDE CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Arroyo Grande will conduct a Public Hearing on TUESDAY, AUGUST 24, 2004 at 7:00 P.M, in the City Council Chambers, 215 E, Branch Street, Arroyo Grande, to consider the following item: PROPOSAL: The City Council will consider a request from South County Sanitary Service, Inc. for an increase in integrated solid waste collection rates due to increases in inflation, fuel, and insurance costs. 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 at (805) 473-5404 during normal business hours (8:00 a.m." to 5:00 p.m.). The proposal will be available for public inspection at the above address. If you challenge an item in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the Public Hearing. . Failure of any person to receive the notice shall not constitute grounds for any coort to invalidate the action of the legislative body for which the notice was given. ~ UifrlwfvL/ Kelly Wet ore, MC Director of Administrative Services/Deputy City Clerk Publish 1 time, Friday, August 13, 2004 MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER $ SUBJECT: CONSIDERATION OF REQUEST FROM SOUTH COUNTY SANITARY SERVICE FOR INTEGRATED SOLID WASTE COLLECTION RATE INCREASE DATE: AUGUST 24, 2004 RECOMMENDATION: It is recommended the City Council adopt the attached resolution approving South County Sanitary Service, Inc. integrated solid waste collection rate increase. FUNDING: There is no cost to the City related to the proposed action. The rate review was paid for by South County Sanitary Service, Inc. Annual franchise fee payments to the City are projected to increase by approximately $11,000 as a result of the rate increase. DISCUSSION: On November 12, 1997, the City entered into a franchise agreement with South County Sanitary Service, Inc. for collection, diversion and disposal of solid waste. On August 24, 1999, the City also entered into a franchise agreement with South County Sanitary Service for recycling services. The agreements specify procedures for rate adjustment requests, review and approval. Per the agreement, rate review is established in accordance with the "City of San Luis Obispo Rate Setting Process and Methodology Manual for Integrated Solid Waste Management Rates." The franchise agreement allows for a base rate adjustment each three years and interim rate increases the other two years. In interim rate periods, the operator is limited to increases resulting from inflation, tipping fee adjustments, and franchise or regulatory fee increases. During base rate increases, the operator is able to request adjustments due to changes in other operational costs as set forth in the Manual. This year will be a base rate review. On March 18, 2004, the City received a request from South County Sanitary Service, Inc. for a rate increase of 5.6%. Since the manual was developed by the City of San Luis Obispo, the Cities of Arroyo Grande, Grover Beach, Pismo Beach and Oceano Community Services District jointly contracted with -------------- CITY COUNCIL INTEGRA TED SOLID WASTE RATE INCREASE AUGUST 24, 2004 PAGE 2 Bill Statler, City of San Luis Obispo Finance Director, to perform the formal rate review. The cost of the review will be paid by South County Sanitary Service, Inc. The increase is due primarily to increased costs for fuel, insurance, and inflation. Attached is the final Integrated Solid Waste Rate Review report. Mr. Statler will make a brief presentation of the results at the August 24, 2004 City Council meeting. His findings indicate that the increase is reasonable and allowable under the terms of the Rate Setting Process and Methodology Manual. It also found that the City's rates continue to be competitive when compared to other jurisdictions within the County. The increase will result in the following residential rates effective October 1,2004: . 32-gallon container - $13.31 . 64-gallon container - $17.31 . 96-gallon container - $21.31 This represents a monthly increase of 67 cents for the 32-gallon container, 87 cents for the 64-gallon container, and $1.07 for the 96-gallon container. Attached is a resolution approving the rate increase for City Council consideration. Adoption is respectfully recommended. AL TERNA TIVES: The following alternatives are provided for the Council's consideration: - Adopt resolution approving rate increase of 5.6%; - Continue item and request additional information; - Do not approve an increase if justification can not be found in the rate review; - Provide staff direction. Attachments: 1. 2004 Base Year Rate Adjustment Application 2. Integrated Solid Waste Rate Review S:\CITY MANAGER\STEVE\Council Reports\Refuse Rate Increase Report 8.24.04.doc ~.__..- ----------- ----_.__..._.-.~--_...._._----_._-_._- - -------_._~.- __ P."___w'___'n~ RESOLUTION NO, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING INTEGRA TED SOLID WASTE COLLECTION SERVICE RATES WHEREAS, the City of Arroyo Grande may determine rates and charges for solid waste, recycling and green waste collection services pursuant to Public Resources code Section 40059 (a) and AGMC ~~ 8-32.100 and 8-32.210. WHEREAS, South County Sanitary Service, Inc. has submitted a rate increase application (the "application") in accordance with the City's franchise agreements for solid waste, recycling and green waste collection services; and WHEREAS, the application has been comprehensively reviewed in accordance with the City's rate-setting policies. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo . Grande as follows: The application is hereby approved and the integrated solid waste, recycling and green waste collection service rates set forth in Exhibit "A" attached hereto and incorporated herein shall become effective on October 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 AS TO FORM: TIMOTHY J, CARMEL, CITY ATTORNEY ----------- - EXHIBIT "A" 5.60% CITY OF ARROYO GRANDE ALL RATES EFFECTIVE 10-01-2004 . COMMERCIAL GARBAGE CANS (PER MONTH) number COLLECTIONS PER WEEK of cans 1 2 3 4 5 6 7 1 $16.04 $33.86 $48.13 $62.42 $76.70 $90.97 $110.51 2 $33.86 $46.35 $65.96 $78.42 $96.25 $114,08 $138.50 3 $39.22 $65.96 $85.55 $103.36 $115.86 $130.10 $158.78 4 $49.90 $80.20 $106.95 $126.56 $147.94 $163.99 $198.06 5 $60.59 $98.03 $124.77 $155.08 $181.82 $213.89 $270.56 6 $69.52 $112.27 $146.17 $178.24 $213.89 $245.96 $305.84 7 $78.42 $126.56 $163,99 $194.28 $224.57 $254.84 $313.66 Maximum volume and weight per garbage can: 33 Extra bags or cans above service level Commercial waste wheeler rent COMMERCIAL DUMPSTER CONTAINERS (PER MONTH) Size of COLLECTIONS PER WEEK container (cubic yards) 1 2 3 4 5 6 7 1 $65.96 $96.25 $126.56 $162.20 $190.70 $226.36 $275.12 1.5 $74.88 $115.86 $163.99 $213,89 $260.23 $294.10 $344.37 2 $83.79 $140.81 $199.63 $263.79 $326.17 $365,39 $424.84 3 $99.81 $188.94 $263.79 $343.99 $408.17 $486.58 $621.51 4 $124.77 $221.01 $317.25 $408.17 $504.41 $598.89 $762.70 The rates shown above include"the monthly container rental fee and are the same for bins and garwoods, when volume is identical. UNSCHEDULED EXTRA COLLECTIONS FOR COMMERCIAL CUSTOMERS PER YARD I $7.921 COMMERCIAL CUSTOMERS MAY REQUEST A 96 GALLON GREENWASTE CAN FOR $2.36 PER MONTH EACH COMPACTORS PER YARD I $10.73 lover 7,000 Ibs @ landfill tonnage rate SINGLE FAMILY and MULTI-UNIT RESIDENTIAL (4 units or less) VOLUME-BASED RATES INCLUDES WASTE WHEELERS FOR RECYCLING, GREENWASTE & GARBAGE one can 32 gallon WASTE WHEELERS $13.35 PER MONTH two can 64 gallon WASTE WHEELERS $17.36 PER MONTH three can 96 gallon WASTE WHEELERS $21.37 PER MONTH four can two-64 gallon WASTE WHEELERS $25.39 PER MONTH five can one 64 + one 96 gallon WASTE WHEELERS $29.40 PER MONTH six can two 96 gallon WASTE WHEELERS $33.41 PER MONTH GARBAGE EXTRAS PER BAG/CAN I $3.75 EACH Extended vacation (less 18.8% disposal) 1 $10.84 I PER MONTH I ~-----. ---"----- ---....-. CITY OF ARROYO GRANDE ALL RATES EFFECTIVE 10-01-2004 . Residential Recycling $2.60 I per month CUSTOMERS MAY REQUEST EXTRA 96 GALLON GREENWASTE CANS 1 IN YARD SERVICE (in addition to residential grabage service level) $9.38 per month Commercial Recycling Twice per week pickup of any quantity is free. If you need extra or more frequent service we can provide it at a 75% discount from garbage rates. Please recycle. its cheaper and it helps the city acheive its AB939 goal. MISCELLANEOUS ITEMS SHORT TERM BINS DELIVERY EACH I $26.90 I TAKE AWAY NO CHARGE RENTAL PER DAY I $1.991 EMPTIES PER YARD $21.84 MATRESSES TWIN EACH $10.15 DOUBLE EACH $18.84 QUEEN EACH $26.06 KING EACH $30.43 SUNDAY SERVICE (in addition to garbage service level) I $46.941 LATE CHARGES PER MONTH $5.00 or 18% whichever is greater ALL RESIDENTIAL ACCTS OVER 60 DAYS & COMMERCIAL ACCOUNTS OVER THIRTY DAYS ARE SUBJECT TO LATE CHARGES South County Sanitary Serviee IDe, ATTACHMENT 1 (805) 489-4246 1i'i-City Disposal Service 874 Gr-.md Avenue Nipomo Garbage Company (805) 489-3534 Grover Beach, California 93433 (805) 489-3534 City Of Arroyo Grande Steve Adams, City Manager POBox 550 Arroyo Grande, CA 93421 March 22, 2004 Dear Steve, Enclosed please find the 2004 Base Year Review. I apologize for the tardiness of this. The sale of South County Sanitary to Waste Connections, the changeover to a new accounting system, and the financial statement comparability created delays the length of which I had not anticipated. Our new financial reporting system is up and running. South County Sanitary has completed the change from a fiscal year to a calendar year. We should now be able to follow the dates of submittal requirements in the Rate Making manual. We are requesting a 5.6% rate increase. Insurance costs, medical, vehicle, and worker's comp continue to cause us major headaches. We have been able to secure the required coverage but with more risk assumption on our part. Deductibles for all concerned have increased. We have also instituted a major safety and accident prevention program. Some of this we can control, but much of it rests with factors beyond our control. Fuel prices are looking bad for the next 18 months. Because we purchase fuel under the Waste Connections national fuel contract we are protected from this huge spike for 2004. We will have a national fuel contract for 2005, it just depends on what the fuel market is doing at renegotiating time. I have included the proposed APCD CARB regulation costs on garbage trucks. The current draft regulations aren't prohibitively expensive. If Sacramento changes the current direction of those rules we may need to revisit this issue. I'm sure you will have questions. I can make myself available whenever your schedule pennits. -r~ Tom Martin, General Manager South County Sanitary Service 2004 Base Year Rate Adjustment Application I Summary CITY OF ARROYO GRANDE 1. Rate Increase Requested I ___~--1. Current Increased Adjustment New Cost Per Rate Schedule Rate Rate (a) Rate Gallon Single Family Residential 2. Economy Service (I - can curb) $12.64 $13.35 $13.35 $0.42 4. Standard Service (2- can curb) $16.44 $17.36 $17.36 $0.27 5. Premium Service (3 - can curb) $20.24 $21.37 $21.37 $0.22 (a) Calculated rates are rounded up to the nearest $0.01. 6. Multiunit Residential and Non-residential Rate increases of II 5.6%11 will be applied to all rates in each structure with each rate rounded to the nearest $0.01 ______-11.....- To the best of my knowledge, the data and infonnation in this application is complete, accurate, and consistent with the instructions provided by the Rate Setting Manual. Name: Tom Martin Title: Controller Signature: :lOom 'f'fI.adM" Date: 08118/04 Fiscal Year: 1-1-2004 to 12-31-2004 Pg. 10f6 -----.....-.- ------------ ----~--_._- South County Sanitary Service BASE YEAR RATE ADJUSTMENT APPLICATION Historical CU1Tent Proiected Financiollnfomudion I I I Base Year I 2001 2002 2003 2004 2005 (from Pg. 4) 6. Direct Labor $2,324,394 $2,869,880 $2,678,923 $2,861,223 $2,889,835 7. Corporate Overhead $189,968 $24,012 $242,949 $248,537 $251,022 8. Office Salaries $402,267 $420,659 $396,752 $395,088 $399,039 9. Other General and Admin Costs $2,264,375 $2,249,601 $2,099,388 $2,099,328 $2,143,414 10 Total Allowable Costs $5,181,004 $5,564,152 $5,418,012 $5,604,176 $5,683,310 11. Operating Ratio 92.0% 12. Allowable Operating Profit $494,201 13. Tipping Fees $1,173,385 $1,483,071 $1,536,488 $1,590,251 $1,644,194 14. Franchise Fees $463,966 $612,957 $710,871 $767,469 $782,818 15. AB939 Fees $0 $0 $0 $0 $0 16. Lease PInts to Affiliated Companie $0 $0 $0 $0 $0 17. Total Pass Through Costs $1,637,351 $2,096,028 $2,247,359 $2,357,720 $2,427,012 18. Revenue Requirement $8,604,523 19. Total Revenue Offsets $8,125,033 20. Net Shortfall (Surplus) II $399,461 II 21. Total Residential and Non-residential Revenue without increase in Base Year (pg.5, line 76 less State revenue & Interest income) $7,929,604 22. Percent Change in Residential and Non-residential Revenue Requirement 5.0% 23. Franchise Fee Adjustment Factor (1 - 6 percent) 90.000% 24. Percent Change in Existing Rates 5,6% Fiscal Year: 1-1-2004 to 12-31-2004 Pg.20f6 South CoW>ty Sanitary Service Base Year Rate Adjustment Application Revenue Offset Summary Current Base Year 2001 2003 2004 Residential Revenue (without increase in Base Yr.) 28. Single Family Residential 2,799,751 II II II II iI I/mll: Multiunit Residential Dumpster ~ II 29. Number of Accounts I I II ~ 30. Revenues 31. Less Allowance for Uncollectible Resid Accounts H II II n $0 ~ II 32. Total Residential Revenue Non-residential Revenue (without increase in Base Yr.) Account Type Non-residential Can 33. Number of Accounts 34. Revenues Non-residential Wastewheeler 35. Number of Accounts 36. Revenues Non-residential Dumpster 37. Number of Accounts 38. Revenues 39. . Less: Allowance for Uncollectible Non-resid ~ II II II $01 $0 I 40. Total Non-residential Revenue 45. Interest on Investments ~ $26,405 II $5,14311 $20,11111 $20,1110 $20,51311 46. Other Income II II ~ ~ $011 $011 47. Total Revenue Offsets $8,125,033 Fiscal Year: 1-1-2004 to 12-31-2004 Pg,30'6 South County Sanitary Service Base Year Rate Adjustment Application Cost Summary for Base Year Description of Cost ~ ~ I ~ DAS:O::AR ~ 2001 2002 2003 Labor $2,190,793 $2,691,784 $2,522,750 $2,700,082 Payroll Taxes $133,601 $178,096 $156,173 $161,141 48. Total DIrect Labor $2,324,394 $2,869,880 $2,678,923 $2,861,223 49. Corporate Overhead $189,968 $24,012 $291,890 $350,039 Less limitation (enter as negative) $0 ($48,941) ($101,502 Total Corporate Overhead $189,968 $24,012 $242,949 $248,537 Office Salary $357,733 $386,474 $365,475 $362,430 Payroll Taxes $44,534 $34,185 $31,277 $32,658 50. Total Office Salaries $402,267 $420,659 $396,752 $395,088 Allocated expenses $61,287 Bad Debt $111 $22,872 $34,852 $34,721 Computer Servicess $15,598 $3,733 $349 $357 Depreciation on Bldg and Equip $6,459 Depreciation on Trucks/Containers $670,963 $760,611 $707,744 $783,052 Dues and Subscriptions $9,850 $2,631 $3,978 $5,578 Gas and oil $299,209 $276,491 $327,011 $335,943 Interest Expense $214,380 $54,031 $45,493 $31,345 Laundry $23,296 $30,759 $19,912 $18,756 Legal and Accounting $109,975 $67,432 $104,229 $95,777 Miscellaneous and Other $1,184 $3,964 $2 $72 Office Expense $84,319 $104,160 $102,641 $105,282 Operating Supplies $66,068 $24,384 $44,846 $41,173 Other Insurance $55,398 $227,427 $107,156 $121,738 Other Taxes $25,023 $10,545 $21,100 $21,546 Outside Services $112,364 $68,247 $112,991 $12,526 Public Relations and Promotion $18,733 $10,717 $5,628 $6,000 Permits $0 $0 $9,348 $8,938 Rent $40,489 $41,860 $41,201 $42,115 Telephone $52,040 $30,333 $26,277 $26,093 Tires (included in repairs) $0 $107,171 $107,145 $120,000 Travel $634 $907 $292 $2,234 Truck Insurance $77,685 $130,294 $60,361 $60,400 Truck License $44,176 $24,570 $50,829 $53,631 Truck Repairs $322,233 $170,371 $151,904 $157,678 Utilities $14,188 $14,804 $14,099 $14,373 51. Total Other GenlAdmin Costs $2,264,375 $2,249,601 $2,099,388 $2,099,328 52. Total Tipping Fees $1,173,385 $1,483,071 $1,536,488 $1,590,251 53. Total Franchise Fee $463,966 $612,957 $710,871 $767,469 54. Total AD 939/Regulatory Fees $0 55. Total Lease Pmt to AffiI Co. 's $0 56. Total Cost Fiscal Year: 1-1-2004 to 12-31-2004 Pg, 40f6 South County Sanitary Service Base Year Rate Adjustment Aeplication Base Year Revenue Offset Summary For Information Purposes Only Description of Revenue Residential Revenue (without increase in Base Year) 57. Single Family Residential $614,170 $621,933 Multiunit Residential Dumpstel .. $~ I I I I I 58. Number of Accounts I 59. Revenues 60. Less Allowance for Uncollectable - $0 ~ I I I , I 61. Total Residential Revenue Non-residential Revenue (without im:rease in Base Year) Account Type Non-residential Can 62. Number of Accounts .. $16,O~~ I 371 $4,59~41 $1,91281 I I 63. Revenues $9,579 Non-residential Wastewheelel 64. Number of Accounts 65. Revenues Non-residential Dumpstel 66. Number of Accounts 67. Revenues 68. Less: Allowance for Uncollectible Non-residential Accounts - $0 I I I I I I 69. Total Non-residential Revenue 74. Interest on Investments - ~ I I I I $20,111 I 75. Other Income - p $0 I I I I ~ 76. Total Revenue Offsets Fiscal Year: 1-1-2004 to 12-31-2004 Pg.50f6 South County Sanitary Service Base Year Rate Adjustment Application Operating Information 2001 2005 Residential Accounts 77. Arroyo Grande 4,821 5.6% 5,093 2.4% 5,214 1.0% 5,264 0.9% 5,314 Grover Beach 3,389 2.7% 3,480 2.7% 3,573 0.3% 3,583 0.3% 3,593 Pismo Beach 3,218 2.9% 3,311 -0.2% 3,305 0.2% 3,310 0.2% 3,315 Oceano CSD 1,280 5.4% 1,349 1.0% 1,363 1.5% 1,383 1.4% 1,403 Nipomo CSD 2,846 4.2% 2,966 1.7% 3,016 1.7% 3,066 County 6,280 -29.1% 4,450 1.0% 4,494 0.9% 4,534 0.7% 4,564 18,988 8.1% 20,529 1.9% 20,915 0.8% 21,090 0.8% 21,255 78. Routes-Garbage 14 -7.1% 13 -15.4% 11 -9.1% 10 0.0% 10 79. Routes-Recycling 4 0.0% 4 50.0% 6 0.0% 6 0.0% 6 80. Direct Labor Hours 73,684 -1.2% 72,800 -1.4% 71,760 -1.4% 70,720 0.0% 70,720 Non-residential Garbage Accounts 80. Arroyo Grande 545 -1.1% 539 0.2% 540 0.2% 541 0.2% 542 Grover Beach 655 1.1% 662 -0.5% 659 0.2% 660 0.3% 662 Pismo Beach 420 1.2% 425 3.8% 441 4.5% 461 4.3% 481 Oceano CSD 233 3.4% 241 3.3% 249 3.2% 257 3.1% 265 Nipomo CSD 203 2.5% 208 2.4% 213 2.3% 218 County 785 -24.2% 595 0.8% 600 3.3% 620 3.2% 640 2,638 1.0% 2,665 1.2% 2,697 2.0% 2,752 2.0% 2,808 81. Routes-garbage 5 0.0% 5 0.0% 5 0.0% 5 0.0% 5 Routes-recycling 2 0.0% 2 0.0% 2 0.0% 2 0.0% 2 82. Direct Labor Hours 17,836 -6.7% 16,640 -12.5% 14,560 0.0% 14,560 0.0% 14,560 Recyclable Materials - AU areas-Commingled Recycling (in tons) Accounts 83. Arroyo Grande 2,513 22.0% 3,066 10.1% 3,377 5.9% 3,577 5.6% 3,777 Grover Beach 2,091 -2.8% 2,032 -27.4% 1,476 3.4% 1,526 4.8% 1,600 Pismo Beach 1,552 15.1% 1,786 -2.6% 1,740 2.9% 1,790 2.8% 1,840 Nipomo/Oceano CSI 1,967 8.4% 2,133 6.7% 2,275 4.4% 2,375 4.2% 2,475 84. County 512 5.5% 540 7.4% 580 8,123 11.0% 9,017 4.0% 9,380 4.6% 9,808 4.7% 10,272 Recyclable Materitzls - AU areas-Greenwaste Recycling Routes 3 33.3% 4 0.0% 4 0.0% 4 0.0% 4 Tons Collected 6,213 14.9% 7,141 11.9% 7,989 10.6% 8,837 9.6% 9,685 Direct Labor Hours 10,400 20.0% 12,480 0.0% 12,480 0.0% 12,480 0.0% 12,480 Garbage Tons Collec~ 41,2441 11.6%1 46,0261 2.8%1 47,3041 2.7%1 48,582 I 2.6%1 49,860 ~ Fiscal Year: 1-1-2004 to 12-31-2004 Pg,60f6 A TT ACHMENT 2 South County Sanitary Service INTEGRATED SOLID WASTE RATE REVIEW For the Communities of Arroyo Grande Grover Beach Oceano Pismo Beach Prepared by Bill Statler August 2004 -- South County Sanitary Service Integrated Solid Waste Rate Review August 2004 T ABLE OF CONTENTS Report Purpose 1 Overview of Findings 1 Rate Recommendations Rate Summary for Residential Customers Background 2 Rate Review W orkscope 2 Revenue and Rate-Setting Objectives 3 Franchise Agreement Summary 3 Cost Accounting Issues 4 Financial and Operational Overview 6 Costs by Type 7 Revenues by Source 7 Service Fees by Area 7 Service Accounts by Type 8 Accounts by Service Area 8 Recent Rate History 8 Are the Costs Reasonable? 9 Detailed Cost Review 9 Trends in External Cost Drivers 10 Rates in Comparable Communities 11 What Is a Reasonable Return on These Costs? 12 Methodology 13 Preparing the Rate Request Application 13 Implementation 13 Coordination with Other Agencies 14 Summary 14 APPENDIX Base Year Rate Request Application from South County Sanitary Service ---- ~--_..__._-,_.- - -------------- REPORT PURPOSE The purpose of this report is to review the rate increases requested by South County Sanitary Service (SCSS) for the Cities of Arroyo Grande, Grover Beach and Pismo Beach and the Oceano Community Services District, and to make rate recommendations to these four agencies as appropriate. SCSS provides similar services to each of these agencies under fonnally approved franchise agreements that regulate rates and establish procedures for considering rate increases. Because the financial infonnation for SCSS is closely related for these four agencies, this report jointly reviews rate requests and recommendations for each of them. OVERVIEW OF FINDINGS . SCSS has fully provided the supporting documentation required for rate requests under franchise agreements in Arroyo Grande, Pismo Beach and Oceano (and recommended in Grover Beach). SCSS's complete rate adjustment application is provided in Appendix A. . SCSS provides a broad level of high-quality service to these four agencies-including garbage, recycling and green waste collection and disposal as well as hauler-provided "waste wheeler" containers for all three services-at very competitive rates compared with many other communities. In fact, even with the proposed rate increase, rates in these four agencies will be among the lowest of those surveyed. . SCSS has done an excellent job of controlling costs. For example, excluding franchise fees (which SCSS does not control), the average annual cost increase reflected in their rate submittal from 2002 to 2004 is 1 %. Rate Recommendation, It is recommended that the governing bodies of these four agencies adopt SCSS's requested "base year" rates for 2004, effective October 1,2004. As supported by their rate request documentation and the adopted rate-setting methodology, this Table ], results in a 5.6% across-the-board rate increase for the communities of Arroyo . .,. -, Grande, Grover Beach and Oceano; and Arroyo Grande 5.3% ill Pismo Beach. (The minor Growr Beach difference in rate adjustments is due to the Oceano 6% franchise rate ill Pismo Beach Pismo Beach compared with 10% in the other three Current communities). Arroyo Grande 12.64 16.64 20.24 Growr Beach 11.46 15.49 19.52 Rate Summary for Residential Customers, Oceano 10.26 14.75 28.85 Pismo Beach 10.92 21.84 32.76 Table 1 summanzes the current and Increase proposed rates for single-family residential Arroyo Grande 0.71 0.72 1.13 (SFR) customers. As reflected in this Growr Beach 0.64 0.87 1.09 summary , the illcreases will be very Oceano 0.57 0.83 1.62 modest. For example, for collection of a Pismo Beach 0.58 1.16 1.74 - 1 - ~ Integrated Solid Waste Rate Review 32-gallon garbage container (the most common SFR service level) as well as separate waste wheelers for recycling and green waste, the proposed monthly rate will increase by about 60 cents on average for the four agencies. BACKGROUND In March 2004, SCSS submitted a "base year" rate request for 2004. Their rate request was prepared in accordance with the rate review process and methodology formally set forth in its franchise agreements with Arroyo Grande, Oceano and Pismo Beach (and recommended in Grover Beach's). In establishing a rate-setting process and methodology, each of these franchise agreements specifically reference the City of San Luis Obispo's Rate Setting Process and Methodology Manual for Integrated Solid Waste Management Rates). This comprehensive approach to rate reviews was adopted by San Luis Obispo in 1994, and establishes detailed procedures for requesting rate increases and the required supporting documentation to do so. It also sets cost accounting standards and allowable operating profit ratios. As noted above, the [mancial information for Arroyo Grande, Grover Beach, Oceano and Pismo Beach is closely related. For this reason, these four agencies jointly contracted with Bill Statler (who also serves as Director of Finance & Information Technology for the City of San Luis Obispo) as an independent consultant in April 2004 to evaluate SCSS's application for a rate mcrease. This is the second "base year" analysis performed under this rate-setting methodology. The first was prepared in September 2001; and as discussed below, and two "interim year" rate increases have been prepared since then as well. RATE REVIEW WORKSCOPE This report addresses four basic questions: . Should SCSS be granted a rate increase? And if so, how much? . How much does it cost to provide required service levels? . Are these costs reasonable? . And if so, what is a reasonable level of return on these costs? Document Review and Analysis. The following documents were closely reviewed in answering these questions: . Franchise agreements and amendments for each agency. . Audited financial statements for SCSS. . City of San Luis Obispo's Rate Setting Process and Methodology Manual for Integrated Solid Waste Management Rates (Rate Manual). . SCSS rate increase application and supporting documentation. . Interviews and briefings with City, District, County and SCSS staff. . Rate surveys of Central Coast communities. - 2 - --_.._-~ .----------"---- Integrated Solid Waste Rate Review REVENUE AND RATE SETTING OBJECTIVES In considering SCSS's rate increase request, it is important to note the revenue and rate setting objectives for solid waste services as set forth in the ftanchise agreements via the Rate Manual. Revenues, These should be set at levels that: . Are fair to customers and the hauler. . Are justifiable and supportable. . Ensure revenue adequacy. . Provide for ongoing review and rate stability. . Are clear and straightforward for the agency and hauler to administer. Rate Structure. Almost any rate structure can meet the revenue principles outlined above, and generate the same amount of total revenue. Moreover, almost all rate structures will result in similar costs for the average customer: what different rate structures tell us is how costs will be distributed among non-average customers. The following summarizes adopted rate structure principles for solid waste services: . Promote source reduction, maximum diversion and recycling. . Provide equity and fairness within classes of customers (similar customers should be treated similarly). . Be environmentally sound. . Be easy for customers to understand. FRANCHISE AGREEMENT SUMMARY Historically, each agency has had its own approach to determining service levels and adopted differing ftanchise agreements accordingly. However, as summarized in the chart below, these four agencies currently have a similar scope of services in their ftanchise agreements with SCSS (although this occurred at different times, and with different coverage terms). Each agency contracts with SCSS for garbage, green waste and recycling; and SCSS provides the container (waste wheelers) for each service. The key differences Effective Date 5/99 No Separate Agreements are in the ftanchise rates, Term 10 Years (Included with Solid Waste) which are 10% in Arroyo Franchise Fee 10% Rate increases limited to 10% Grande, Grover Beach and -3- -------- ~__....____~_u_ -----~- Integrated Solid Waste Rate Review Oceano; and 6% in Pismo Beach. Additionally, while not applicable in this case, Oceano's franchise agreement limits rate increases to 10% per fiscal year. As reflected above, all of the "solid waste" agreements continue to be in place. However, due to their shorter terms, several of the recycling and greenwaste agreements have lapsed. While terms and conditions of each have continued in effect on an informal basis, they should be formally extended. COST ACCOUNTING ISSUES Or: Who's Paying What? As noted above, SCSS's financial operations for Arroyo Grande, Grover Beach, Oceano and Pismo Beach are closely related. Keeping costs and revenues segregated is further complicated by the fact that SCSS, as a subsidiary of Waste Connections Incorporated (which acquired the parent company in April 2002), shares ownership with the following local companies: . San Luis Garbage Company . Mission Country Disposal . Morro Bay Garbage Service . Coastal Roll-Off Service . Cold Canyon Land Fill Additionally, within the south county, SCSS's service area includes: . City of Arroyo Grande . City of Grover Beach . City of Pismo Beach . Oceano Community Services District . Nipomo Community Services District . Other unincorporated areas in the South County such as Rural Arroyo Grande and Avila Beach Cost Accounting System Between Companies, Separate "source" accounting systems are maintained for each company. Moreover, audited fmancial statements are prepared for each company by an independent certified public accountant; and their auditors have issued a "clean opinions" for SCSS for the last six years. In short, good systems are in place to ensure that the financial results reported for SCSS do not include costs and revenues related to other companies. Additionally, virtually all of the fmancial operations of SCSS and its affiliated companies are regulated by elected governing bodies such as cities, special districts and the County. -4- -,.-.--~-_._- --- ...---.-----------..------- Integrated Solid Waste Rate Review Within the SCSS Service Area. Within the SCSS service area, a combination of direct and allocation methodologies are used in accounting for costs and revenues between communities. In general, revenues are directly accounted for each franchising agency, while costs are allocated using accepted accounting principles. Cost Accounting Findings, The accounting and financial reporting system used by SCSS is reasonable and consistent with generally accepted accounting principles and practices. It treats similar costs similarly (such as collection and disposal, where there are no significant differences in service levels and unit costs between the four agencies), while recognizing community differences (such as differential franchise fee rates). Because the financial operations of SCSS are closely related for all of the communities it serves, there are significant advantages to perfonning concurrent reviews. Area of Possible Concern, While the service characteristics and resulting per unit costs are the same for Arroyo Grande, Grover Beach, Oceano and Pismo Beach, this is unlikely to be true for the other areas in South County serviced by SCSS. Because of their lower densities, collection costs are probably higher in these areas, but these are not accounted for separately by SCSS. On the other hand, there are two mitigating factors that reduce this concern: . Higher Rates. Depending on service type, rates are up to 30% higher in these areas, recognizing the higher collection costs. As an example, Table 2 shows the percentage difference between the current rates in the Nipomo area and Table 2, Nipomo Area Rate DiJIerentials those in Arroyo Grande, Grover Container Size (Gallons) Beach, Oceano and Pismo Beach. 30-40 60-70 90-101 For a 32-gallon service, rates in Arroyo Grande 8% 19% 26% the Nipomo are 33% higher than Growr Beach 19% 26% 31% Oceano 33% 32% -11% in Oceano and 25% higher than Pismo Beach 25% -11% -22% in Pismo Beach. In short, these Awrage 21% 17% 6% rate differentials significantly mitigate "equity" and cost accounting concerns. I , I I . Lower Service Levels, The scope of service is lower in these areas. For example, residential customers in Nipomo provide their own green waste containers; and orange bins are still used instead of "blue" waste wheelers. (Note: Effective August 2004, service levels in the County area, such as rural Arroyo Grande, will be comparable to the four agencies.) I If costs for Arroyo Grande, Grover Beach, Oceano and Pismo Beach are so similar, why are ! I the residential rates so different? , The short answer is: history and different approaches to rate structure philosophies. History Until 1999, service levels under the franchise agreements with SCSS between these four agencies were significantly different. The most recent example of this is in Grover Beach, which - 5 - --------.-...-- Integrated Solid Waste Rate Review only moved in 2001 to providing "blue" waste wheelers to its customers for recyclables instead of "orange bins," whereas this service (and cost) were included from the beginning in the recycling franchise agreements with the other agencies Further, until 1999, Oceano did not have mandatory service. In implementing this, Oceano negotiated rate decreases of 2% to 4% for residential customers. And as noted above, the franchise rates between agencies are also different; and this fact alone would result in different rates between communities. Rate Structure Principles Most significantly, each agency has adopted different rate structure principles to recover similar costs. For example, Pismo Beach has adopted a rate structure for its residential customers that more closely reflects a "pay-as-you-throw" philosophy under which the "per gallon" costs for 32, 64 and 96 gallon containers are the same (for example, a 64-gallon container costs twice as much as a 32-gallon one.) This results in lower monthly costs for 32-gallon customers, and relatively higher rates for 64 and 96-gallon customers. On the other hand, Arroyo Grande has adopted rates that do not have as much difference between container sizes (but still offer an incentive for smaller containers over larger ones), recognizing collection economies of scale for larger versus smaller containers. In this case, 32-gallon containers in Arroyo Grande are more expensive than in Pismo Beach, but 64-gallon containers are less. Both rate structures have their strong points: in the case of Pismo Beach, rates are more reflective of disposal costs, whereas in Arroyo Grande they are more reflective of collection costs. But the important point is that the revenue generating capability is the same even though the rates are different. Lastly, non-residential rates (which account for almost 50% of SCSS revenues) are similar in all four agencies: it is only in residential rates that there are significant differences between communities. Offer by SCSS, In recognition of the fact that service levels and costs are now the same in all four agencies, and in order to improve customer service through simple rates, SCSS has offered the same residential rate structure currently in place in Pismo Beach to any of the other three agencies. (Because of the possibility of customer class changes with this rate structure change, there is some risk to SCSS in doing this-and virtually none to the agencies. However, SCSS is willing to absorb this risk in the interest of simpler rates, if the other agencies want to do this.) The only caveat is that rates in these agencies, while the same structure as Pismo Beach's, would have to be 4% higher since their franchise rates are 10% rather than the 6% rate in Pismo Beach. FINANCIAL AND OPERATIONAL OVERVIEW While detailed financial and service infonnation is provided in SCSS rate request application (Appendix A), the following summaries their actual costs, revenues and accounts infonnation for 2002 (the last fiscal year for which there are audited financial statements at this time) for all areas serviced by them. - 6- --- '-'-'----_.._"---,-----, . ______.._..H'_____~ Integrated Solid Waste Rate Review Costs By Type, Total expenses for 2002 Table 3. Costs By Type: $7.7 Million (after deducting for non-allowable and limited costs as discussed later in this report) were $7.7 million. As reflected in o Other Costs Table 3, just four cost areas accounted for 16% 84% of their total costs: . Franchise . IJrect Fees . Direct labor for collection services 8% Labor 38% . Vehicle operations and maintenance (including insurance and depreciation) . Vehicle Tipping fees (landfill, recycling and Operation . & Maint . lipping compo sting costs) 19% Fees 19% . Franchise fees Revenues By Source, Total revenues in Table 4. Revenues By Source: $7.0 Million 2002 were $7.0 million-about $700,000 less than expenses, and significantly less o Other than the operating ratio allowed in the Revenue Rate Manual. 1% As reflected in Table 4, only about 50% of . SFR SCSS's revenues come from single-family Service residential accounts. Services to multi- . Other Fees Accounts 51% family residential and non-residential 48% customers account for 48% of their revenues, with a very small part (1 %) from other revenues such as interest earmngs. Service Fees By Area, As shown in Table 5. Service Fees By Area: $7.0 Million Table 5, of the $7.0 million in revenues from customer accounts in 2002 (99% of total revenues), about two-thirds (64%) . Arroyo comes from the four agencies covered in o Other Grande 23% this report: Areas 36% . Arroyo Grande (23%) . Grover . Grover Beach (16%) Beach 16% . Oceano (7%) . Pismo Beach (18%) The other areas served by SCSS (such as Nipomo and A vila Beach) account for about one-third (36%) of its revenues. - 7 - -'--~ ---...----.--.....-..--.-. -- -..-- Integrated Solid Waste Rate Review Service Accounts By Type, While single- Table 6. Accounts By Type: 23,194 family residences (SFR) account for only about 50% of revenues, they represent 89% [J Other of total accounts. This reflects the fact that Acounts per account, multi- family and non- 11% . SFR residential customers generate more solid Accounts waste than single- family residential 89% customers (and thus more revenue per account). Accounts By Service Area, Service accounts in the various areas closely match their revenues. For example, Arroyo Grande generates 23% of revenues and has 24% of the accounts, while Grover Beach generates 16% of the revenues and has 18% of the accounts. Table 7. Accounts By Service Area: 23,194 In no case is there more than a 2% difference between revenues by area and its account totals. This shows two things: . Arro}Q Grande . Other 24% . There are few differences in the types of Areas accounts served each of the 35% In communities, . Grover Beach 11% . And although rate structures are different, they are generating very similar revenues overall per account. RECENT RATE HISTORY Under the Rate Manual, the rate-setting process follows a three-year cycle: . Base Year, The first year of the cycle-the Base Year-requires a comprehensive, detailed analysis of revenues, expenses and operating data. This information is evaluated in the context of agreed upon factors in the Franchise Agreement in determining fair and reasonable rates. As noted above, the last "base year" analysis for SCSS under this approach was prepared in September 2001. . Interim Years, In both the second and third years, SCSS is eligible for Interim Year rate adjustments that address two key change factors: changes in the consumer price index for "controllable" operating costs; and changes in "pass-though costs" (primarily tipping fees), which SCSS does not control (they are set by the County Board of Supervisors). These adjustment factors are "weighted" by the proportionate share that these costs represent of total costs. For example, in the current Base Year analysis for 2004, controllable costs account for 73% of total costs, with pass through costs (tipping and franchise fees) accounting for 27%. The rate review for the two Interim Years requires less information and preparation time than the Base Year review, while still providing fair and reasonable rate adjustments. - 8- ---- - --------.----..-- _._._-----_._-----".~ Integrated Solid Waste Rate Review The following summarizes the "interim rate" increases approved by these four agencies since the last "base year" review in 200 I : ARE THE COSTS REASONABLE? The first step in the rate review process is to detennine if costs are reasonable. There are three analytical techniques that can be used in assessing this: . Detailed review of costs and service responsibilities over time. . Evaluation of external cost factors, such as general increases in the cost of living (as measured by the consumer price index). . Comparisons of rates with other communities. Each of these was considered in preparing this report, and the following summarizes the results. Detailed Cost Review In their rate submittal, SCSS provides detailed fmancial data for five years: . Audited results for the two prior years (2001 and 2002). . Results for the last year (2003, which have not yet been audited). . Projected costs for the Base Year (2004). . Estimated costs for the following year (2005). This allows for a detailed analysis of changes in key cost components such as labor, repairs, fuel, insurance and tipping fees. In this case, while there are deviations in various categories (for which SCSS has provided supplemental documentation), their submittal shows that overall they have done an excellent job of containing costs. For example, as shown below in Table 7, the most recent years in their submittal (2002 to 2004) reflect annual cost increases of about 1% (excluding franchise fees, which they do not control): - 9 - --- .--"-------- ----------,..- ----~-,.._.._---- Integrated Solid Waste Rate Review . Direct labor costs for collection, which are the largest cost component (about 40%), remained virtually flat over this period. . Vehicle operations and Table 7. % Cost Increases: Last 2- Year Average maintenance, which includes Excluding Franchise Fees vehicle repairs, tires, truck 4.0% insurance, fUel and 3.0% depreciation-and is the second 2.0% largest cost component (about 1.0% 20%), increased by only 0.4% 0.0% over this two-year period. -1.0% -0.2% . Office salary costs declined by -2.0% 3%. -3.0% -4.0% . And overall, total costs lNect Tipping Veh Oper Office Other Total (exclusive of franchise fees) Labor Fees & Maint Salaries Costs only increased by 1 % annually over this two-year period. These results are especially impressive given the very tough insurance and fUel market facing SCSS, which are major cost drivers for them. Trends in External Cost Drivers The most common external "benchmark" for evaluating the cost trends is the consumer price index. Table 8 summarizes overall percentage increases in SCSS costs (excluding franchise fees) for the last two years Table 8. % Change In SCSS Costs Vs CPI compared with changes in the U.S. Consumer Price Index, All-Urban Consumers (CPI), for 2002 to 2003 June of each year (June 2004 is the most recent index available at this time). 2003 to 2004 In all cases, SCSS cost increases 2- Year Average compare favorably with increases in the CPI: -4.0% -2.0% 0.0% 2.0% 4.0% 6.0% 8.0% . A reduction of 1.3% in 2003 . SCSS Cost % Change . CPI % Change compared with a CPI increase of 2.1 %. . Similar changes for 2004 (3.3% compared with a CPI increase of 3.4%). . And a two-year annual average of 1.0% compared with a CPI increase of2.7%. - 10- - Integrated Solid Waste Rate Review Rates in Comparable Communities Lastly, reasonableness of rates (and underlying costs) can also be evaluated by comparing rates with comparable communities. However, survey results between "comparable" communities need to be carefully weighed, because every community is different. For example, even in the South County where service levels and costs are very similar, there are rate differences. In short, making true "apples-to-apples" comparisons is easier said than done. Nonetheless, surveys are useful assessment tools-but they are not perfect and they should not drive rate increases. Typical reasons why solid waste rates may be different include: . Franchise fees and AB 939 fee surcharges. . Landfill costs (tipping fees). . Service levels (frequency, quality). . Labor market. . Operator efficiency and effectiveness. . Voluntary versus mandatory service. . Direct services provided to the franchising agency at no cost, such as free trash container pick-up at city facilities, on streets and in parks. . Percentage of non-residential customers, and how costs and rates are allocated between customer types. . Revenue collection procedures: Does the hauler or the city bill for service? And what are the procedures for collecting delinquent accounts? . Services included in the base fee (recycling, green waste, containers, pick-up away from curb). . Different rates structures. . Land use and density (lower densities will typically have higher service costs). With these caveats, the following summarizes single-family residential rates for other cities in the Central Coast area, and compares them with the proposed rates for SCSS. As reflected below, even with the proposed rate increases, Arroyo Grande, Grover Beach, Oceano and Pismo Beach will have the lowest rates among the agencies surveyed. - 11 - --~ ~-.__.._._--_._----- ----~--,....._------- Integrated Solid Waste Rate Review Container Size Gallons 30-40 60-70 90-101 Atascadero $16.62 $29.41 $38.08 Paso Robles 23.24 30.81 34.12 San Luis Obispo 10.34 20.68 31.02 San Miguel (Rates for 1 container and 2-4 containers) 14.75 20.40 20.40 Santa Margarita 22.65 34.95 44.15 Santa Maria 21.11 24.36 Tern leton 31.17 42.03 Arroyo Grande 13.35 17.36 21.37 Grover Beach 12.10 16.36 20.61 Oceano 10.83 15.58 30.47 Pismo Beach 11.50 23.00 34.50 Nipomo 14.25 20.42 26.76 Rural Arro 0 Grande 14.42 23.82 33.23 Summary: Are the Costs Reasonable? Based on the results of the three separate cost-review techniques-trend review, external factor review and rate comparisons-SCSS's costs are reasonable. WHAT IS A REASONABLE RETURN ON THESE COSTS? After assessing if costs are reasonable, the next step is to determine a reasonable rate of return on these costs. The rate-setting method formally adopted by Arroyo Grande, Oceano and Pismo Beach in their franchise agreements with SCSS includes clear criteria for making this assessment. It begins by organizing costs into three main categories, which will be treated differently in determining a reasonable "operating profit ratio:" Allowable Costs (Operations and Maintenance) . Direct collection labor . Vehicle maintenance and repairs . Insurance . Fuel . Depreciation . Billing and collection Excluded and Limited Costs . Charitable and political contributions . Entertainment . Income taxes . Non-IRS approved profit-sharing plans - 12- ------------ ---~- - Integrated Solid Waste Rate Review . Fines and penalties . Limits on officer compensation Pass- Through Costs . Tipping fees . Franchise and "AB 939" fees (recycling, source reduction, household hazardous waste programs) . Payments to affiliated companies (such as leases, trucking charges and AB 939 fees) Methodology After organizing costs into these three categories, determining "operating profit ratios" and overall revenue requirements is straightforward: . The target is a 92% operating profit ratio on "allowable costs." . Pass-through costs may be fully recovered through rates, but no profit is allowed on these costs. . No revenues are allowed for any excluded costs. In the case of SCSS, about 73% of their costs are "allowable costs" subject to the 92% operating profit ratio (or 8% of total allowable "rate base" revenues); and 27% are pass-through costs upon which no profit is allowed. (No consideration is given to excluded costs.) Preparing the Rate Request Application Detailed "spreadsheet" templates for preparing the rate request application-including assembling the required information and making the needed calculations-are provided in the Rate Manual. SCSS has prepared their rate increase application in accordance with these requirements (Appendix A); and the financial information provided in the application ties to their audited financial statements. j I Implementation The following summarizes key implementation concepts in the adopted rate-setting model: . The "92% operating profit ratio" is a target; in the interest of rate stability, adjustments are only made if the calculated operating profit ratio falls outside of 90% to 94%. In the case of this Base Year application, it clearly does. . There is no provision for retroactivity: requested rate increases are "prospective" for the year to come; there is no provision for looking back. This makes it especially important for rate requests to be presented and reviewed on a timely basis. - 13 - Integrated Solid Waste Rate Review This also means that any passed shortfalls from the target operating profit cannot be recaptured. For example, based on their rate application submittal, SCSS has fallen far short of the 8% target for the last three years as summarized in Table 9. On the other hand, while SCSS cannot Table 9. Operating Ratios: Last Three Years recover these shortfalls, it is not required to Operating Operating sustain them indefinitely. F or this reason, Profit (Loss) Ratio the Base Year review re-sets the "baseline" 2001 ($958,826) -18.6% for the next three years (up or down). This is 2002 (621,416) -11.1% why, under the rate-setting methodology, 2003 121,383 2.2% SCSS is eligible for a rate increase that is greater than their projected cost increase: while it is not allowed to recover past underages, it is eligible for Base Year rates that will allow it to recover its costs and achieve the target 92% operating ratio. . As discussed above, detailed "base year" reviews are prepared every three years; "interim reviews" to account for focused changes in the consumer price and tipping fees are prepared in the two "in-between" years. . Special rate increases for extraordinary circumstances may be considered. This has never occurred in any of the agencies that use this rate-setting methodology. COORDINATION WITH OTHER AGENCIES SCSS has submitted similar rate requests to the two other agencies that regulate rates and services in the other South County areas that they serve: the County of San Luis Obispo and the Nipomo Community Services District. These were approved by the Nipomo Community Services District in April 2004; and by the County on August 17, 2004. (Note: The County "general purpose" rate adjustment was 5.6% as proposed for the four agencies covered in this report. The County also approved an additional increase of 29.5% to cover expanded recycling and greenwaste services, similar to those already provided for the four agencies.) SUMMARY Based on the rate-setting policies and procedures formally adopted by Arroyo Grande, Oceano and Pismo Beach in their franchise agreements (and conceptually approved by Grover Beach), this report concludes that: . SCSS's costs are reasonable. . And their proposed rate increases meet the "reasonable return" criteria set forth in its franchise agreements with these four agencies. Accordingly, this report recommends adoption of the rate increases requested by SCSS. ATTACHMENT Appendix A: Base Year Rate Request Application: Fiscal Year 2001-02 - 14- --~---- ---,-- Appendix A BASE YEAR RATE REQUEST APPLICA TION Base Year Application Summary 1. Arroyo Grande 2. Grover Beach 3. Oceano 4. Pismo Beach Supporting Schedules 5. Financial Information: Cost and Revenue Requirements Summary 6. Revenue Offset Summary 7. Cost Summary for Base Year 8. Base Year Revenue Offset Summary 9. Operating Information .. --- South County Sanitary Service 2004 Base Year Rate Adjustment Application Summary CITY OF ARROYO GRANDE 1. Rate Increase Requested J 5.6%1 ":":1 ' Current Increased Adjustment New Cost Per Rate Schedule Rate Rate (a) Rate Gallon Single Family Residential 2. Economy Service (I - can curb) $12.64 $13.35 $ I 3.35 $0.42 4. Standard Service (2- can curb) $16.44 $17.36 $17.36 $0.27 5. Premium Service (3 - can curb) $20.24 $21.37 $21.37 $0.22 I (a) Calculated rates are rounded up to the nearest $0.0 I. 6. Multiunit Residential and Non-residential Rate increases of ~ S.6%~ will be applied to un rates in each stnlClUrc I with each nUe rounded to the nearest $0.0 I I i TD \he best Df my knowledge. the data and informaUon in this application is cDmplete. accurate. und cDn.i.tent with the instructioWi plUvilJeU by the ROle Setting Manual. Nwne: Tom Martin Tide: Controller Signature: Date: 08116/04 Fiscal Year: 1-1-2004 to 12-31-2004 Pg. 10'6 Appendix A,1 ------.- .-- .... South County Sanitary Service 2004 Base Year Rate Adjustment Application Summary CITY OF GROVER BEACH 1. Rate Increase Requested I 5.6%1 Current Increased Adjustment New COSI Per Rate Schedule Rate Rate (a) Rate Gallon Single Family Residential I 2. Economy Service (1- can curb) $11.46 $12.10 $12.10 $0.38 4. Standard Service (2- can curb) $15.49 $16.36 $16.36 $0.26 5. Premium Service (3 - can curb) $19.52 $20.61 $20.61 $0.21 (a) Calculated rales are rounded up to the nearest $0.01. 6. Multiunit Residential and Non.resldential RUle increases of ~ 5.6%1 will be applied to all rates in each structure with each role rounded 10 the nearest $/1.111 ! I I To the best of my knowledge. the data IIIId infomuuion in thi5 application is complete, accurate, and wnsi51cnl with the instructions provided by the Rate Setting Manual. Name: Tom Martin Title: Controller S ignarurc: Date: 08/16/04 Fiscal Year: 1.1-2004 to 12-31-2004 Pg, 10f6 Appendix A,2 ---~--'---~"-- --- South County Sanitary Service 2004 Base Year Rate Adjustment Application Summary OCEANO COMMUNITY SERVICE DISTRICT I. Rare Increase Requested I S.6%~ \ Current Increased Adjustment New Rate Schedule Rate Rate (a) Rate Single Family Residential 2. Economy Service (1 - can curb) $10.26 $10.83 $10.83 4. Standard Service (2- can curl>) $14.75 $15.58 $15.58 5. Premium Service (3 - can curb) $28.85 $30.47 $30.47 (a) Calculated rates are rounded up to the nearest $0.01. 6. Multiunit Residential and Non.residential Rate incrcw;cs of ~ S.6%~ will be applied to all rates in each sllUtlure wilh rach rale roundc:d 10 the nearest 50.01 To the best of my knowled!!". the dutll III1d informlltion in this application ;. "omplete. accurate. and ton,i.tenl with the instructions provided by 1be Rale Settin8 Manual. Name: Tom Martin Title: Controller Signature: Date: 08/16/04 Fiscal Year: 1-1-2004 to 12-31-2004 Pg, 10'6 Appendix A,3 ".. --"- South County Sanitary Service 2004 Base Year Rate Adjustment Application Summary CITY OF PISMO BEACH I. Rate Increase Requested I S.3%~ Curren I lncrea~ed Adjustmenl New Cost Per Rate Schedule Rate Rate (a) Rate Gallon Single Family Residential 2. Economy Service (1 - can curb) $10.92 $11.50 $11.50 $0.36 4, Standard Service (2- can curb) $21.84 $23.00 $23.00 $0.36 5. Premium Service (3 - can curb) $32.76 $34.50 $34.50 $0.36 (a) Calculated rates are rounded up to the nearest $0.01. 6. Multiunit Residential and Non-residential KaI~ ill~~4)c;:,; uf ~ 5.3%1 will be applied to all rates in each sttucture with each nile rounded to the nc:an:st 50.0 I To the best of my knowledlle. the data and information in this application is complete, accurate. and consistent with th<- insuutUons provided by the Rate Setting Manual. Name: Tom Martin Title: Controller Signature: Date: 08116/04 Fiscal Year: 1.1-2004 to 12-31-2004 Pg, 10'6 Appendix A,4 ----"- SuUl!> 0'..'1' Sani~ Strvict BASE YEAR RATE ADJUSTMENT APPLICATION Historical CUlTtml Projected I FillancwlnfonJlDliDn T Base Year I 2001 2002 2003 2004 2005 (from Pg. 4) . ,. tj ".,"1"'.. 6. Direct Labor 52,324.394 $2,869,880 $2,678.923 $2.861.223 $2.889,835 7. Corporate Overhead $189.968 $24,012 $242,949 $248,531 $251,022 8. Office Salaries $402,261 5420.659 5396,752 $395.088 $399,039 9. Otber General and Admin Costs $2,264.375 S2.249.601 $2,099,388 52,099,328 $2.143,414 10 Total Allowable Costs $5,181.004 $5,564,152 55,418,012 $5.604,176 $S.683.310 II. Operating Ratio 122.7% 112.6% 97.8% 92.0% 92.0% 12. Anowable Operating ProDt ($958.826) ($621,416) $121.383 $487,320 5494,201 13. Tipping Fees $1.173,385 $1,483,071 $1.536.488 $1.590.251 $1.644,194 14. Franchise Fees $463,966 5612,957 $710,871 $767,469 $782,818 15. AB939 Fees SO $0 SO $0 $0 16. Lease PInts to Affiliated Companit $0 $0 SO $0 $0 17. TOI3I Pass Through Cnst!; $1,637,351 $2,096,028 52.247.359 52,357,720 $2,427.012 ; r; ~ ~ ; i' : : ~. · ! : ; ~ : ~!JIi '" ~1l~~Ui~ .'. .. ;' ~; , .I ' . ; ~ I '. ~ , ,! ' . . ~ ~ I . . :.' , .. " . ~ t 18. Revenue Requirement $5.859,529 $7,038,764 19. Total Revenue Offsets 55.859.529 20. Net Shonfall (Surplus) ~ $399.46111 2\. Total Residential and Non-residential Revenue without increase in Base Year (pg.5, line 76) 22. Percent Change in Residential and Non-residential Revenue Requirement 23. Franchise Fee Adjustment Factor (I . 6 percent) 24. Percent Change in Existing Rates Fiscal Year: 1-1-2004 to 12-31-2004 Pg.20'6 Appendix A,S ------ So\tfh C.I.IUllt)' SW1iwy Sc["\!ic.~ Base Year Rate Adjustment Application Revenue Offset Summary -,- Historical Current Projected Base Year 2001 2002 2003 2004 ZOOS Re:{identilll Revenue (without increase in Base Yr.) 28. Single Family Residential $2.799.751 $3,589,424 $4.121,825 $4.269.828 $4,269.829 Multiunit Residential Dumpster 29. Number of Accounts 30. Revenues 31. Less Allowance for Uncollectible Resid Accounts $0 32. Total Residential Revenue 1'- $2,799,751 $3,589,424 $4,12 1.825 $4.269.828 $4.269.829 Non-residential Revenue (without increase in Base Yr.) Account Type Non-residential Can 33. Number of Accounts 52 54 58 59 59 34. Revenues $11.622 $14.900 $15.400 $16,085 $16,085 Non-residential Wastewheeler 35. Number of Accounts 555 565 580 619 620 36. Revenues $173,423 $222,337 $230,845 $261,761 $266,996 Non-residential Dumpster 37. Number of Accounts 2031 2046 2059 2074 2129 38. Revenues $2,848,328 $3.206,960 I $3.398.573 $3,481.970 $3,551,609 39. Less: Allowance for Uncollectible Non-tesid [I ~ ~ U $01 $O~ 40. Total Non-residential Revenue $3,033,373 $3.444.197 $3,644.818 $3.759.816 $3.834,690 45. Interest on Investments II $26,405 ~ $5,143 ~ $20, U'1 ] $20,111 U $20,51311 46. Other Income ~ I ~ ~ soB $0 ~ 47. Total Revenue Offsets $5.859.529 $7,038.764 $7.786.754 $8,049,755 $8.125,033 Fiscal Yesr: 1-1-2004 to 12-31-2004 Pg. 30(6 Appendix A,6 :1<..... CuwI\, SIIIIiIary s<<>.,. Base Year Rate Adjustment Application Cost Summary lor Base Year ~~_..~~:\ili!iii\!Hmimimi_ Description of Cost I I ~ II BASE YEAR II 2001 2002 2003 ZOO4 Labor $2,190,793 $2,691,784 $2.522.750 II $2,700,082 Payroll Taxes $133,601 $178,096 $156,173 $161,141 48. Total Direct Labor $2,324,394 $2,869,880 $2,678,923 $2,861,223 49. Corporate Overhead $189,968 $24.012 $291,890 $350,039 Less limitation (enter as negative) $0 ($48,941) ($101,502 Total Corporate Overhead $189,968 $24,012 $242,949 $248537 Office Salary $357,733 $386,474 $365,475 $362,430 Pavroll Taxes $44,534 $34,\85 $31,277 $32.658 50. Total Oftice Salaries $402,267 $420,659 $396,752 $395,088 Allocated eJ(penses $61,287 Bad Debt $111 $22,872 $34,852 $34,721 Computer Services!> $15,598 $3.733 $349 $357 Depreciation on Bldg and Equip $6.459 Depreciation on Trucks/Containers $670,963 $760.61\ $707,744 $783,052 Dues and Subscriptions $9.850 $2,631 $3,978 $5,578 Gas and oil $299,209 $276.49 J $327,011 $335,943 Interest Expense $214.380 $54,031 $45,493 $31,345 Laundry $23,296 $30.759 $J9,9J2 $18,756 Legal and Accounting $109,975 $67.432 $104,229 $95,717 Misccllaneous and Other $1,184 $3,964 $2 $72 Office Expense $84,319 $104,160 $102.641 $105,282 Operating Supplies $66,068 $24,384 $44,846 $41,173 Other Insurance $55,398 $227,427 $107.156 $121.738 Other Taxes $25,023 $10,545 $21.100 $21.546 Outside Services $112,364- $68,247 $112,991 $]2,526 Public Relations and Promotion $18,733 $10,717 $5.628 $6,000 Permits $0 $0 $9,348 S8,938 Rent $40,489 $41,860 $41.201 $42,115 Telephone $52.040 $30,333 $26.277 $26.093 Tires (included in repairs) $0 $107,171 $107,145 $120,000 Travel $634 $907 $292 $2.234 Truck Insurance $77.685 $130,294 $60,361 $60,400 Truck License $44.176 $24,570 $50,829 $53,631 Truck Repairs $322,233 $170.371 $151,904 $157,678 Utilities $14,188 $14,804 $14,099 $14,373 5\. Total Other GenlAdmin Costs $2.264,375 $2.249,601 $2,099,388 $2,099,328 52. Total Tipping Fees $1,173,385 $1,483,07 I $1,536,488 $ I ,590,25] 53. Total Franchise Fee $463,966 $612,957 $7]0,871 $767,469 54. Total AD 939/ReRUlatory Fees $0 55. Total Lease PInt to Af61 Co. 's $0 56. Total Cost 1~?~i'Jn~~~~'r" ,:n'f/llml!lilt" 'l"I"I"fEliiC:" "'''''~'I't'i "111"" '.. ',', ~'"~ I ~..J;. ,~j.J ...,rJ1 ijc ~ till , ~.~JJ~ L!II.....:~rd:L1 Jt L d~bi:11 .'.. '.(~h<l '~M. Fiscal Year: 1-1-2004 to 12-31-2004 Pg. 40f6 Appendix A,7 ~~---.- ---------- So~~1IDlJS"ilalySc.t'\1ec Base Year Rate Adjustment Application BBse Year Revenue Offset SummBry For 'nformation Purposes Only Description of Revenue R~.fidenlial Revenue (without increase in Raft! Year) 57. Single Family Residential $4,269,828 $978,756 $6]4,170 $621,933 $2,054.968 Multiunit Residentia[ Dumpster t)l.j!j'~~. 58. Number of Accounts $~~ I I I J 1 59. Revenues ....I:.~II::!.~:!m,. 60. Less Allowance for UncoUcctab[e lii~~:it.(iii!\~;~~ $O~ I I I I I 61. Total Residential Revenue ~ $4.269.82811 $978,756 U $614.170 ~ I $2,054,9681 $0 I N(Jn-n:sidenlial Revenue (withoul iI/crease in Ba.ft! Year) Account Type Non-reSlaentJaJ Lan 62. Number of Accounts - $16.0~: J $9,5~~ I $4,S9~JJ $),91281 I , 63. Revenues Non-residential Waslewheeler 64. Number of Accounts 619 [08 65. Revenues $261,761 $45,426 Non-residential Dumpster 66. Number of Accounts 2071 447 IOS7 3 67. Revenues $3,381,930 $833,699 $1,273,.599 $100,040 68. Less: Allowance for Uncollectible Non-residential Accounts IIIIIIII $0 I I I I I I 69. ToW Non-RIOid"nUid Rnel1ue $3,659,")76 $888,704 51.273.599 $100.040 74. Interest 00 Investments ~ I I I I I $20.1111 75. Oaher Income -- . $0 I I , I t ,... "',',' ",'" .~:: :! !.~ r, ,'. - . 76. Total Rennue Offsets l!flillW'{':"j(lr"!~~ W~mI"&;l1~ti!![f~"'lj;I" ~'I"I' " , " :"""'r"~ l~"'""'''':J':!"'rn~ ~'a "'J ",'" 'I ~ I 1'; t Ju;u.~~I;:dJ'A.w JIH 1 ~~LJ~~tb:~..!..~j,~:':'.'! ~\Ji:.,,.:,::.f~H'''' ~~t'.,,; ~~ 1";~"''/,:'j Fiscal Year: 1-1-2004 to 12~1-2004 Pg.5016 Appendix A,8 Sotuh C_ S..j,ory Servi.. Base Year Rate Adjustment Application Operating Information Currenl Percem Percent Base Year 2001 c.1Iunge 2UO~ Change 2004 200S Re.~ide,1liol Accounts 77. Arroyo Grande 4,821 5.6% 5,093 2.4% 5,214 1.0% 5,264 0.9% 5,JI4 Grover Bcach 3,389 2.7% 3,480 2.7% 3,573 0.3% 3,583 0.3% 3,593 Pismo Beach 3.218 2.9% 3,311 -0.2% 3,305 0.2% 3,310 0.2% 3,315 Dceano CSD 1.280 5.4% 1.349 1.0% 1,363 1.5% 1,383 1.4% 1,403 Nipomo CSD 2,846 4.2% 2,966 1.7% 3,016 l. 7% 3,066 County 6,280 - 29.1 % 4,450 1.0% 4,494 0.9% 4,534 0.7% 4,564 18.988 8.1% 20,529 1.9% 20.915 0.8% 21,090 0.8% 21.255 78. Routes-Garbage 14 -7.1% 13 -15.4% II -9.1 % 10 0.0% 10 79. Routes-Recycling 4 0.0% 4 50.0% 6 0.0% 6 0.0% 6 SO. Direct Labor Hours 73,684 -1.2% 72,800 -1.4% 71,760 -1.4% 70,720 0.0% 70,720 Non-resU/entUd Garbog, Accounts 80. Arroyo Grande 545 -1.1% 539 0.2% 540 0.2% 541 0.2% 542 Grover Beach 655 1.1% 662 -0.5% 659 0.2% 660 0.3% 662 I Pismo Beach 420 1.2% 425 3.8% 441 4.5% 461 4.3% 481 Deeano CSD 233 3.4% 241 3.3% 249 3.2% 257 3.1% 265 Nipomo CSD 203 2.5% 208 2.4% 213 2.3% 218 County 785 -24.2% 595 0.8% 600 3.3% 620 3.2% 640 2,638 1.0% 2,665 1.2% 2,697 2.0% 2,752 2.0% 2,808 81. Routes-garbage 5 0.0% 5 0.0% 5 0.0% 5 0.0% 5 Routes-recycling 2 0.0% 2 0.0% 2 0.0% 2 0.0% 2 82. Direct Labor HaUl'!; 17,836 -6.7% 16,640 -12.5% 14,560 0.0% 14,560 0.0% 14,560 Recyc/abk Mal41riol$ - A1IQl'(fas-Comm;ngllfd RecyclUtx (jn lUlls) Accounts 83. Arroyo Grande 2,513 22.0% 3,066 10.1% 3,377 5.9% 3,577 5.6% 3,777 Grover Beach 2,091 -2.8% 2,032 -27.4% 1,476 3.4% 1,526 4.8% 1,600 Pismo Beach 1.552 15.1 % 1,786 -2.6% 1,740 2.9% 1,790 2.8% 1,840 NipomolOceano CSD 1,967 8.4% 2,133 6.7% 2,275 4.4% 2,375 4.2% 2,475 84. County 512 5.5% 540 7.4% 580 8.L23 11.0% 9.017 4.0% 9,380 4.6% 9,808 4.7% 10,272 Rllcyclllbk MQ/,rials - AU fII'IQS-Gre,nwaste Recycling Routes 3 33.3% 4 0.0% 4 0.0% 4 0.0% 4 Tons Collected 6,213 14.9% 7,141 11.9% 7,989 10.6% 8,837 9.6% 9,685 Direct Labor Hours 10,400 20.0% 12,480 0.0% 12,480 0.0% 12,480 0.0% 12,480 Garbage Tons Collected ~ 41,2441 11.6%1 46,0261 2.8%1 47,304 j 2.7%1 48.582 1 2.6%1 49,860 I Fisca' Year: 1-1-2004 to 12-31-2004 Pg.60f6 Appendix A,9 . MEMORANDUM '. . TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER~ SUBJECT: SUPPLEMENTAL INFORMATION REGARDING AGENDA ITEM g,C, - CONTINUED PUBLIC HEARING OF GENERAL PLAN AMENDMENT 04- 002; CHANGE IN . LAND USE DESIGNATION FROM CONSERV A TION/OPEN SPACE AND SINGLE FAMILY RESIDENTIAL LOW DENSITY PLANNED DEVELOPMENT TO CONSERV A TIONIOPEN SPACE AND SINGLE FAMILY VERY LOW DENSITY PLANNED DEVELOPMENT FOR AN APPROXIMATE 53-ACRE PROPERTY LOCATED ON THE SOUTH SIDE OF NOYES ROAD AT THE NORTHWEST EDGE. OF THE CITY LIMITS IN THE RANCHO GRANDE PLANNED DEVELOPMENT (1,2), CITY OF ARROYO GRANDE (CASTLEROCK DEVELOPMENT) DATE: AUGUST 20, 2004 . "- The attached supplemental information was received subsequent to the distribution of the Council agenda on August 20th, -- --AUG. 20. 2004 2:40PM 8055430752 NO, 435 P,3/10 , . ANDRE, PBTBR R. ANDR! (1918-2000) : MORRIS r.:- C C" I\.' Co n MICHAEL]. MORRIS . ': _ ......\- .~;'7 ~f ;-rL.; ...." .. ~ :~. '7 ~C.Bt1TTrm.Y &'BUTI'BRY CI i Y Or ;'\"t';U) d ;,;-.i.\..\. '. DENNISD,1.AW J. TODD MIROLU APROFESSIONALlAWCORPORATION 04 ~UG 20 PH 2: 58 KATHR'xN~I~~ ". I<EVIND.MORR1S ~y. DOUGLASS ]BAN A. 51'. MARl1N , I LIS^La1I~ 'lOg ! MiUSSAM. McGANN ! \. August 20, 2004 SE'I1tA. MARINO :. I ." 1101 LaunllJlJ\e Poet orlloe Bax '30 San t.uia Obispo. CA 93406-0730 , 'ndaphGne B05.54SA171 : ,; PacmnDe BOS.543.0752 : i Via Facsimile & U.S. !\fail I ~~~-~~ . POIIt OOlce1lox ~430 ~A' b fth C' C '1 SalllaMut..CA~141O : ~'.Lem ers 0 e Ity OunCI :', City of Arroyo Grande : 214 East Branch Street Arroyo Grande, CA 93420 , .: ' Re: Proposed General Plan Amendment Reducing Density on Lots 10 and 11 I , j : Dear Members of the Council: : I : This letter is intended to address the processing of the tentative tract map application for Tract 1998, as it is potentially affected by the City's recent proposal to amend the general plan by ~ ~ reducing the allowable density on lots 10 and 11 (now known as Tract 2651). , , '. The Final Revised Subsequent Environmental Impact Report (Revised FSEIR) for Tract ; 1998 was certified by the City Council on April 13, 2004. The certified Revised FSBIR. contains I', '1 a wide variety of mitigation measures and project alternatives, , 0 I ' , . , The "Recommended Alternative" for a project situated onsite, consists of34 lots and is a variatio~ of Alternative 8, For sake of clarity and convenience, I have attached a copy of the recommended alternative which was taken from page 7 otthe Revised FSEIR. Although l : alternative 8 is slightly different then the actual Recommended Alternative, for the sake of !:: simplification, I will refer to the Recommende~ Alternative as Alternative 8, I I' ': Alternative 8 is the recommended onsite project alternative, However, Alternative 2 (the !,,~ 1'{oyes Road Alternative) was preferred over all onsite alternatives (see section 8.9:1 page 8-56 :'" Revised FSEIR.).. The Noyes Road alternative addresses development oflots 10 and 11 with as : much as 35 residential units; the maximum density allowed under the C1.JIIent general plan, j' ,; In direct response to the fmdings and conclusions of the Revised FSBIR, Castlerock set !; j about working with the City to modify Cast1erock'$ project plans in such a way as to incorporate : :.1 the fundamental elements of Altem~tive 8 and Alternative 2, To this end, Castlerock has . submitted revised project plans t}lat follow the fundamental design of Alternative 8, but reduce i" density on Tract 1998 to 21 Units. Castlerock has appeared several times before the City's Staff I, I' Advisory Committee (SAC) to refine and develop these plans. A copy of the 21-umt ! , configuration for Tract 1998 is enclosed. . . . .. . ' r:~~orltl'Cl1Oamdc~.doa I " : ' ~AUG.20,2004 2:40PM 8055430752 NO. 435 P,4/10 ANDRE, MORRIS . & BUITBRY o\PROPBSSIONAL LAW CORPORAI10N City of .Anaya Grande . August 20, 2004 Page 2 Also, Castlerock presented to City staff conceptual plans for the developmept of lots 10 and 11 with 21 units. This 21-unit plan is derived from the pre1imitl~ subdivision plans for Tract 2651, a 35-residential unit subdivision that was sub!nitted for pre-application review, While C8$tlerock's original plans for Tract 2651 consisted of a 35-unit subdivision that would , , stand independently of the 36 units on Tract 1998, as a means of addressing the issues raised in the Revised FSEIR, Castlerock has proposed to modify its plans for Tract 2651 to set the density I ; at 21 units and to tie theprojectto Tract 1998 in keeping with Alternative 2, A copy of the 21a : I unit configuration for Tract 2651 is enclosed. : . : I It is acknowledged that the. coordination of development plans betwecI\ Tracts 1998 and . >1 2651 is complicated. City staffhas made this point to Cast1erock. It bears mentioning) however, , I I , that the very concept of analyzing lots 10 and 11 as an offsite alternative to Tract 1998 came , I . . from the City. Castlerock has repeatedly objected to Alternative 2, in part because of difficulties i .; . ,I associated with shifting development from one project to another. De~ite Castlerock's . : objection, the City included Alternative 2 in the certified Revised FSBIR. Castlerock is now attempting to follow the City's recommended alternative, and to say that the process can't be . assured because it is too complicated is contradictory, That is, the City drew Castlerock into a plan of action. only to abandon the plan once Castlerock committed to it, Both the City and Castlerock must accept the challenge of a complicated set of circumstances and work toward resolving the issues, not abandoning the effort that the City itself initiat~d. It is tnle that Tract 1998 and Tract 2651 are in quite different stages of processing. This , is an inherent complication any time a project is mitigated thtough an offsite project alternative, It is recognized that as each tract map application proceeds through the process densities could change as to each individual tract. For example, it is possible that density on Tract 1998 could , . be reduced. which may justify increasing the 4ensity for Tract 2651, For instance, should I : : environmenta1 concerns dictate a reduction in density on Tract 1998 to 19 rather than 21, the density on Tract 2651 should be increased to 23,. This element of shifting density is precisely : what Alternative 2 $Uggested. yet the proposed general plan amendment would preclude this from taking place. Density sharing between Tracts 1998 and Tract 2651 is sometbing that will work only if there is coordination in processing the two tracts. Since the processing of Tract 1998 is further : along tha.t). Tract 265 I. coordinate4 pro~essing means there needs to be reasonable assurances , that Tract 2651 will be approved for a density that will cover the density being shifted from Tract , , .' 1998, Coordination and assurances are fundamental to meeting the requirement for achieving , proj ect objectives. I , , ; , . , P:W\1OCud~1 ofNl'O'" ID'I4c ..20004...... . . , ~-"~._~ -~_.._-,_.__. . - - AUG. 20,2004 2:41PM 8055430752 NO. 435 P.,5/10 ~ : . ANDRE, MORRIS ! &: BUTI'BRY I APR01i'BS6IONAL lAWCCRPORATION '. . . City of Arroyo Grande , ! . . August 20, 2004 . Page 3 . ! I To this end, Castlerock has expressed its willingness to commit to a combined density of . . 42 units for both tracts in exchange for reasonable assurances from the City that it will process , Tract 1998 and Tract 2651 to a successful conclusion according to this plan. Contrary to the . , : reasonable assurances that have been sought, what Castlerock has received are warning signals ! marking danger that Castlerock's project objectives will be denied. . The proposal to reduce density on Tract 2651 is, at this time, the most obvious sign of . ~ . concem, but the recent negative response to a request for a development agreement coupled with . the sequence of events since the 2002 general plan upd~ makes the concern more real. , Pertinent events are summarized as follows: I I ! : : --Following Cast1erock's submittal of a 36-unit application for Tract 1998, the City , processed to completion (over Castlerock's objection) a change in the general plan , . reducing density from 40 units to 5 units. The general plan modification was (is) , I . contrary to the long$tanding Rancho Grande Master Plan. : I , ! . --In an apparent ~ttempt to rationalize the down zoning of Tract 1998, the city , simultaneously increased the density on lots 10 and 11 from 2 units to 3S units. ! --Following Castlerock's preapplication submittal ora 3S-unit subdivision on lots 10 and : , , 11 J the City began processing a general plan modification to reduce the density on lots 10 and 11 from 3S units to 21 units, The proposal to reduce density on lots 10 and 11 is not accompanied with a corresponding request to increase 4ensity oJ). Trflct 1998. So, while i the City lias left standing its general plan policy to reduce density on Tract 1998 to 5 I . units, which is directly inconsistent with the project objectives set forth in the plan that . , : the City is purportedly processing, it is pursuing a change in general plan policies to reduce density on the offsite altemative project below that which would potentially be required to meet those project objectives. . -During meetings of the Planning Commission and City Council, members have said , : I . ~t u1tim~tely the allowed density on lots 10 and 11 could be as low as O. Some , I : members have expressed an opinion that they would prefer no development on lots 10 and 11. . --Castlerock's request for a development agreement, or other assurances for carrying out i , ! I the 21/21 plan described above, was rejected, : While it is rCCQgnized that individual decision makers have the right to express their , individual opinions, it is becoming more and more apparent to Castlerock that the City as a , ! I . :. . I I ! JI:\nol\ClCMIoOI\IJs\oir7 ar.....,.. ~ '.)~oIac , "- ~AUG,21a.2lala4 2:41PM 805543121752 NO. 435 P.6/11a I : . ANDRE , I : MORRIS l/I BtJ ,rJb.KY APROFESSJON'AL LAW CORPORATION : . City of Arroyo Grande . : August 20, 2004 Page 4 , , , ! whole does not buy into a coordinated development of Tracts 1998 and 2651. . Rather. it is becoming more apparent that the closer Castlerock comes to securing deve10pment entitlements for Tracts 1998 and 2651, the more obstacles it will face through City initiated actions designed , to reduce or eliminate density. ~ I The City's actions have made it plain to Cast1erock,' that Castlerock's plan to compromise and modify its development plans for Tracts 1998 and 26S 1 in the spirit of a cooperative effort : with the City is being pursued at Castlerock's own peril. : ' , I , , Castlerock has worked long and diligently with City staff and with the SAC to develop a coordinated plan to address the issues arising out of the Revised FSEIR. The process leading to I certification of the Revised FSEIR. was extremely long; takhlg over two years. However, setting : . aside the time committed to the pre-certification review. since the Revised FSEIR was certified , , I ! , Castlerock has worked with the City well beyond the time limits allowed by the Subdivision , Map Act; specifically the time limits set forth iJl Government Code section 664S2.1, The failure ' . to abide by these time Iimitsis grounds for Tract 1998 being deemed approved pursuant to Government Code Section 66452.4, The lack of reasonablo assurances, and the City's persistent processing of the general plan amendment for lots 10 and 11 is a vote of no confidence for the coordinated plans that have been , offered by Castlerock. A vote by the City Council approving the general plan amendment, without some specific act of assurance or confidence in support of what Castlerock is attempting to do. will be a clear sign of what Castlerock can expect during the processing of both Tracts , 1998 and 26S1. Such a vote will force Castlerock to protect its rights and it forces the parties . into an adversanal process, Specifically Castlerock will be forced to: . , : , -~Abandon the 21/21 unit compromise position that it has heretofore worked on. , : ~~Reinstate its project plans for Traots 1998 and 2651 (36 and 35 units, respectively). ....Assert its rights to project approval under Government Code section 66452.4 . -File appropriate legal action to address the general plan amendment. : , . , : I , , : , 1':WtOCuI!.o~ ..rl"J'GlO ~ l-20-G4.cIocI -_. ~ ._--"~... - -AUG,20.2004 2:42PM 8055430752 NO. 435 P,7/10 I : , , , ANDRE, MOlUUS ,Iii BUTTERY , i AnonssrONALLAWCORPORATION 0 .. City of Arroyo Grande . . August 20. 2004 ; Page 5 . . i : ~ . . , . 0 Rather than promote such an adversarial process, Castlerockasks that the City instead do the following: , , I -~Abandon and set aside its proposed general plan amendment for lots 10 and 11 pending I o , i . processing of Tracts 1998 and 2651. 0 I 0 --Cooperate with Castlerock by adopting an in~ent to process Tracts 1998 and 2651 0 in a coordinated fashion with shared density of approximately 21/21, The instrument can 0 be in any form that provides reasonable assurances. At a min;m'Qm. such an instrument , . must include a mutual commitment on the part of Castlerock to carry out this plan, and I I I 0 I the City doing the same. 0 Very fruly yours> : o J " ,r;:-- ---.:;;~ : : 0 , 0 . , , , -- ~ , 0 Dennis D. Law : DDIJm Bnclosure , cc: Client , , 0 f . : . : , 0 , ! , . , I I . I I 0 : 0 . , 0 . P:'NI'GICu\J1OII1IIWIy IIflllD1Q /lRll4c "~4.doc -~----- -_.".~._-'-_...~. --------~- , ,- MO. 4:::1'.:> 8055430752 2:42PM " --- - - - ~ ,. . / I . I ~~ ~~ - .- - - ---- - - AUG.20.2eJ04 2:43PM 8055430752 NO. 435 P.9/10 ~ 8 ~ "'. Z ;:) s ... ..J ~ - ..., -0 I t3~ ~ IZ1 CD ( ~ II m ( 0) C" ~,t:; ... - u ... e _t: ;- ~ .~, ... '"' CJ c ~ L t- 8 < N C - _AUG,2g!.: 2004 2:43PM 8055430752 NO,435 P.10/10 0 on ... > ." ~ ~ - "'0 :2 t1~ C tal g rz. II ~.c; cr. -~ LL ,,.., cr. ...-I C g 0.. 11'1 D: .... - - c. Z ~ C - CI: en ~ ..... (J en - c a: 0 . LL I , , I I I , ~ I en i , .......- N ~ --~ ..- .... --- I ..- ---..- ~ -. li)~ ..- oCD " / N...... C( .... I \~~ --- t;~ ---, . CC~ AVM NVlijlS3(103 f!:~ - 9.c. CITY OF ARROYO GRANDE CITY COUNCIL MEETING NOTICE OF CONTINUED PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Arroyo Grande will cOl)duct a continued Public Hearing on TUESDAY, AUGUST 24, 2004 at 7:00 P,M, in the City Council Chambers, 215 E, Branch Street, Arroyo Grande, to consider the following item: CASE NO,: General Plan Amendment Case No. 04-002 APPLICANT: City of Arroyo Grande PROPOSALS: The Council will continue consideration of a proposed Resolution amending the 2001 General Plan Land Use Map, redesignating the land use of the following tWo (2) parcels: Assessors Parcel Numbers (APNs) 007-781-055 and 007-781-056, located on the southeast side of Noyes Road at the northwest edge of the City limits, owned by Castle rock Development, from the current land use designation of Low Density Residential and Conservation/Open Space Planned Development to Very Low Density Residential and Conservation/Open Space Planned Development. ENVIRONMENTAL DETERMINATION: In compliance with the California Environmental Quality Act (CEQA), the Community Development Department "has dete~mined that the proposals are within the scope of the Program EIR prepared for the 2001 General Plan Update because no new environmental effects could occur and no new mitigation measures would be required, pursuant to Section 15168(c) of the. GEQA Guidelines. Any person affected or concerned by these City initiated proposals may submit written comments to the Community Development Department at 214 E. Branch Street, Arroyo Grande, California, during normal business hours (8:00 a.m. to 5:00 p.m.) before the City Council hearings, or appear and be heard in support of or opposition to the project and the environmental determination at the time of hearing. THE CITY OF ARROYO GRANDE MAY APPLY ANY ORDINANCES, POLICIES, OR STANDARDS ENACTED OR INSTITUTED AS A RESULT OF THE PUBLIC HEARINGS AND RELATED PROCEEDINGS HEREIN REFERENCED, ON TENTATIVE TRACT OR PARCEL MAPS WITH APPLICATIONS WHICH HAVE NOT BEEN DETERMINED TO BE COMPLETE, PURSUANT TO GOVERNMENT CODE SECTION 66474.2, IF SAID ORDINANCES, POLICIES, OR STANDARDS ARE IN EFFECT ON THE DATE THE CITY OF ARROYO GRANDE APPROVES OR DISAPPROVES SUCH TENTATIVE TRACT OR PARCEL MAPS. IF YOU CHALLENGE AN ITEM IN COURT, YOU MAYBE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THEPUBLlC HEARINGS DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCEtDELlVE~ED TO THE CITY COUNCIL AT, OR PRIOR TO, THE PUBLIC HEARINGS. 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. ~~<4uofiL- . Kelly Wet ore MC Director of Administrative Services/Deputy City Clerk Publish 1T, Friday, August 13, 2004 - ._-------- -.. - MEMORANDUM TO: CITY COUNCIL FROM: TERESA MCCLISH, ASSOCIATE PLANNE#(,' BY: ~ ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: CONSIDERATION OF CONTINUED PUBLIC HEARING FOR GENERAL PLAN AMENDMENT 04-002; CHANGE IN LAND USE DESIGNATION FROM CONSERVATIONIOPEN SPACE AND SINGLE FAMILY RESIDENTIAL-LOW DENSITY PLANNED DEVELOPMENT TO CONSERVATIONIOPEN SPACE AND SINGLE FAMILY-VERY LOW DENSITY PLANNED DEVELOPMENT FOR AN APPROXIMATE 53-ACRE PROPERTY LOCATED ON THE SOUTH SIDE OF NOYES ROAD AT THE NORTHWEST EDGE OF THE CITY LIMITS IN THE RANCHO GRANDE PLANNED DEVELOPMENT (1,2), CITY OF ARROYO GRANDE (CASTLEROCK DEVELOPMENT) DATE: AUGUST 24, 2004 (CONTINUED FROM JULY 27,2004) RECOMMENDATION: It is recommended by the Planning Commission that the City Council adopt the attached resolution to amend the Land Use Element (Land Use Map) of the General Plan to change the land use designation for the subject properties to Conservation/Open Space and Single Family - Very Low Density Planned Development. FUNDING: No fiscal impact. DISCUSSION: Backqround The subject properties affected by the proposal were designated Conservation/Open Space and Single Family Residential - Low Density Planned Development during the 2001 General Plan Update. This land use designation would allow a potential maximum of up to 35 units for the 53-acre property, which consists of two parcels. The current zoning for the site is Single Family Planned Development 1.2 with a maximum of one unit for each parcel for a total of two units. S:\COMMUNITY _DEVELOPMENT\PROJECTS\GPA\04-002 Noyes Road\CC sr 04-002 0824004.doc _^_.______ OM"_ _..._m___um_ -----.-.-- . CITY COUNCIL GENERAL PLAN AMENDMENT CASE NO. 04-002 AUGUST 24, 2004 PAGE 2 OF 2 On April 27, 2004, there was a request by Mayor Ferrara to place the proposal on the next Council Member Items portion of the agenda for consideration. On May 11, 2004, the proposal was formally agendized by unanimous Council action for the May 25, 2004 public hearing that was subsequently continued. On June 8, 2004, the City Council formally initiated a General Plan amendment to consider a change in land use designation for the property from low density (1 dwelling unit per 1 % acres) to very low density (1 dwelling unit per 2 % acres), a difference of potential maximum density of 14 units (Attachment 1). The subject properties are owned by ACG and Sandstone Holding Corporations, are vacant and include a roadside swale for Meadow Creek, areas of steep slope and several areas of oak trees (please refer to Attachment 2 for aerial photo of property). The subject properties have been used for livestock grazing and to store construction equipment and material during residential build-out of various tracts in Rancho Grande. Planninq Commission Recommendation The Planning Commission discussed the proposal on July 6, 2004 and recommended by a 3- 1 vote that the Council adopt a resolution changing the land use designation as proposed (Attachment 3). General Plan Land Use Oesiqnation and Zoninq Considerations The subject properties are within the Rancho Grande Planned Development (PO 1.2) and are designated as the "unplanned areas" within the planned development, along with the property at James Way and La Canada, that is subject to Vesting Tentative Tract Map and Planned Unit Development application 01-001 (commonly referred to as Tract 1998). The total number of residential units allowed within the total PO 1.2 district is 527. The maximum number of residential units allowed for the unplanned areas is 42. As described in the PO 1.2 district, a maximum of up to 40 units were allotted for the VTTM/PUD 01-001 site with two units for the subject properties, During the 2001 General Plan update, consideration was given to the unplanned areas of the PO 1.2 district and the land use designation for the VTTM/PUD 01-001 property was changed from a residential maximum of forty units potentially allowable with the 1990 General Plan to a residential maximum of up to five units, and maximum potential density was increased for the subject properties to up to 35 units, (See minutes for General Plan update meetings in Attachment 4). Currently, Castlerock Development is in the process of applying for a revised project of 21 units under a recently resubmitted VTTM/PUD 01-001 application in order to better address constraints identified in the project's Revised Subsequent Environmental Impact Report (RFSEIR) (please refer to Castle correspondence in Attachment 5). On May 26, 2004, after the unanimous Council action agendizing this item, Castlerock Development submitted a Pre-Application for a 35 unit residential subdivision for the subject properties consistent with the current land use designation. However, as the project is in the cc sr 04-002 0824004.doc 8/19/04 -_.~- --- - CITY COUNCIL GENERAL PLAN AMENDMENT CASE NO. 04-002 AUGUST 24, 2004 PAGE 3 OF 3 early pre-application stage, the applicant will be required to revise the application if a different land use designation i~ approved by General Plan Amendment 04-002. The subject site is identified as an offsite alternative in the RFSEIR for VTTM/PUD 01-001. The environmental impacts described for the subject site are generally similar to those found on the VTTM/PUD 01-001 site. Other environmental information for the site is included in the Program EIR prepared for the 2001 General Plan update. A range of land use alternatives is included in the program EIR (page EIR-39-41) from a strict Conservation/Open space designation, allowing a maximum of two (2) residential units consistent with current zoning, to various combinations of Conservation/Open Space and higher residential densities. The 2001 General Plan designation combines the conservation/open space with a Planned Development area for single family residential development for the purposes of retaining natural slopes, drainage and preserving vegetation and wildlife habitat over the majority of the properties. The subject site is located at the northwest edge of the City limits and is bounded by the open space portion of a single family residential subdivision (Tract 1834) to the southeast; Oak Park Acres residential subdivision to the southwest, which generally allows 1-acre size lots; and San Luis Obispo County Rural Suburban uses to the northwest and northeast, which allows 1-3 acre size properties depending upon slope considerations. The proposed land use designation for residential density is Very Low Density, which would allow for a maximum of twenty-one (21) units. An alternative for discussion may be to include in the General Plan a land use designation of one (1) dwelling unit/2 acres, which would equate to a maximum of twenty-six (26) units. for the subject properties. This maximum density may also be considered appropriate for clustered subdivision proximate to environmentally sensitive land at the edge of the City, thereby providing a transition density to the County rural land use designations. Other properties that may also be considered for this alternative density in the future would be properties on Easy Street that are currently designated Very Low Density residential because. of lack of City services. This alternative would require direction to staff to re-notice the General Plan Amendment for the alternative land use designation. The General Plan Guidelines suggest the following criteria for General Plan Amendments: . The amendment must be in the public interest; . The amendment must be consistent with other parts of the General Plan; . If the amendment necessitates other changes to the plan, those changes must be considered at the same time in order to maintain internal consistency; and . If the amendment necessitates changes in zoning or other ordinances, those changes should be considered within a reasonable time. Public Notice A public notice regarding the project was published in the Times-Press Recorder on June 23, 2004 and July 16, 2004. Notices were sent to 84 property owners within 300' of the project on June 23, 2004 and July 16, 2004. cc sr 04-002 0824004.doc 8/19/04 ---.-- "- CITY COUNCIL GENERAL PLAN AMENDMENT CASE NO. 04-002 AUGUST 24, 2004 PAGE 4 OF 4 Environmental Assessment Staff has reviewed the project in compliance with the California Environmental Quality Act (CEQA) and determined that the proposal is within the scope of the Program EIR prepared for the 2001 General Plan Update because no new environmental effects could occur and no new mitigation measures would be required pursuant to Section 15168(c) of the CEQA Guidelines. ALTERNATIVES: The following alternatives are presented for Council consideration: - Modify and adopt the Resolution - Direct Staff to revise the density designation and re-notice General Plan Amendment 04-002 - Do not adopt the Resolution - Provide direction to staff. Attachments: 1. City Council minutes, June 8, 2004 2. Aerial view of properties subject to General Plan Amendment 04-002 3. Planning Commission, July 6,2004 4. 2001 General Plan Update Minutes pertaining to subject properties 5. Correspondence regarding the proposal 6. Request from Council Member Dickens to continue the item. cc sr 04-002 0824004.doc 8/19/04 RESOLUTION NO, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO. GRANDE APPROVING GENERAL PLAN AMENDMENT 04-002; REVISING , THE LAND USE DESIGNATION FROM CONSERVATION/OPEN SPACE AND SINGLE FAMILY RESIDENTIAL- LOW DENSITY PLANNED DEVELOPMENT TO CONSERVATION/OPEN SPACE AND SINGLE FAMILY-VERY LOW DENSITY PLANNED DEVELOPMENT FOR AN APPROXIMATE 53- ACRE PROPERTY LOCATED ON THE SOUTH SIDE OF NOYES ROAD AT THE NORTHWEST EDGE TO THE CITY LIMITS OWNED BY ACG AND SANDSTONE HOLDING CORPORATIONS WHEREAS, the City Council of Arroyo Grande adopted the updated General Plan which became effective on November 9, 2001; and WHEREAS, on June 8, 2004, the City Council initiated a General Plan Amendment to allow for the consideration of a change in land use designation from Conservation/Open Space and Single Family Residential Low Density-Planned Development to Conservation/Open Space and Single Family Residential-Very Low Density Planned Development for two properties on Noyes Road (the "Noyes Road Properties") in the northwest edge of the City (APN 007-781-056 and 007-781-055); and WHEREAS, the Program EIR prepared for the 2001 General Plan update evaluated environmental impacts for a range of density alternatives for the Noyes Road Properties; and WHEREAS, after consideration of all testimony and all relevant evidence, the Planning Commission recommended that the City Council adopt a resolution approving General Plan Amendment 04-002; and WHEREAS, after consideration of all testimony and all relevant evidence, the City Council has determined that the following General Plan Amendment findings can be made in an affirmative manner: 1. The proposed amendment to the 2001 General Plan land use element designation provides consistency with the goals, objectives, policies and programs of the general plan including: . Policy LU2-2 to ensure that all residential hillside development, regardless of density, does not excessively intrude on the natural slope and terrain of the hillside, including density that is commensurate with the steepness of slope and discouraging excessive use of retaining walls, intrusive grading and removal of native oak trees . Policy LU10-1 to ensure that the Conservation/Open Space combining designation is used with land use and development standards to mitigate RESOLUTlo.N NO., PAGE 2 potential impacts of development for areas of special site development concerns; . . Policy LU10-2 to ensure that the PD designation is used for relatively large properties or sites involving diverse adjoining land uses or unusual or unique features; . Objective LU 11 and all related policies and implementation measures for . growth management for ensuring that patterns of land use protect the integrity of existing land uses, area resources and infrastructure and involves logical jurisdictional boundaries with adjacent communities and the County; . Consistency with the LU (Fringe) 1 -Fringe and Urban Area land use policies requiring adequate groundwater resources and sewage disposal for sloping and clay type hillside soils in addition to consideration of higher fire hazard and marginal response times for adjacent Arroy,o Grande Fringe properties; and 2. The proposed amendment will not adversely affect the public health, safety, and welfare; and 3. The potential environmental impacts of the proposed amendment are considered and analyzed in the Certified Program EIR for the 2001 General Plan Update and are considered insignificant as the change in land use designation reflects alternatives considered for the General Plan update, includes a lower intensity of land use and will have no potential environmental impacts. No.W, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves General Plan Amendment 04-002 to amend the Land Use Element (Land Use Map) with the above findings by directing the following: The land use category for the following property shall be redesignated to Conservation/Open Space and Single Family Residential-Very low Density Planned Development: Assessors Parcel Numbers (APN) 007-781-056 and 007-781-055, generally located on the south side of Noyes Road. at the northwest edge of the City limits, RESOLUTION NO, PAGE 3 On motion by Council Member , seconded by Council Member , and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was adopted this day of 2004. RESOLUTION NO. PAGE 4 TONY M. FERRARA, MAYOR ATTEST: KELL Y WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J, CARMEL, CITY ATTORNEY --- ,-- ---- _u...."_~.,.._.,____._.~,.....,_.,',._.. ,----- . A TT ACHMENT 1 CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JUNE 8, 2004 PAGE 3 10, CONTINUED BUSINESS 10,a. Considerat.ion of Initiating a General Plan Amendment for Property Located on Noyes Road (APN's: 007-781-055 & 007-781-056) Planned Development (1,2), City of Arroyo Grande (Castlerock Development). Community Development Director Strong presented the staff report and responded to questions from Council regarding the site's previous designation prior to the 2001 General Plan update, whether the owner had come forward with development plans, and clarification regarding PD 1.2. Mayor Ferrara explained that what he was asking the Council to consider and approve would be to allow staff to initiate the General Plan Amendment process that would reduce the density for the property from Low Density to Very Low Density which would albw for a maximum of up to 21 homes. . He stated this process would allow the Planning Commission to hold public hearings, study the issue, and perhaps make new recommendations. He stated this site is both visually and environmentally sensitive, is on the City's fringe, and not in the City's core. He commented that if the City contin.ued to honor and abide by smart-growth principles, there seems to be a conflict in terms of approach. He said there could be some planning deficiencies that need to be revisited with regard to traffic and infrastructure and this process would give the City a chance to consider cumulative traffic impacts in the area that have occurred over the past three years. He concluded by asking Council for support in initiating this process. Council Member Dickens stated that during the 2001 General Plan update process, he had concerns about the ultimate designation of this parcel due to the unknown environmental impacts, Meadow Creek, and traffic and circulation cumulative impacts. He concurred with Mayor Ferrara's concerns and supported his request. In response to a question by Council Member Costello, Director Strong explained the effects the processing of a General Plan Amendment would have on the applicant's options and processes. Council Member Costello agreed that it would be prudent to look at cumulative impacts on the site. He supported the Mayor's request. Council Member Runels expressed concerns about reducing density due to the need for more homes in the City. He said he equid not support the request. Mayor Ferrara opened the item for public comment, and upon hearing none, he closed the public comment period. '. Mayor Ferrara moved to direct staff to initiate public hearings to .consider a General Plan Amendment, for an approximately 53 acre property located on the southeast side of Noyes Road at the northwest edge of the City limits, which is currently designated Low Density Residential and Conservation/Open Space Planned Development. Council Member Dickens seconded City Attorney Carmel asked for clarification as to the specific proposed change in General Plan designation for purposes of providing the public with adequate notice. Mayor Ferrara stated that he proposed to initiate an amendment to change the current General Plan designation to Very Low Density and Conservation/Open Space Planned Development and amended his motion accordingly. Council Member Dickens seconded the amended motion, and on the following roll- call vote: . ' CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JUNE 8, 2004 PAGE 4 AYES: Ferrara, Dickens, Costello NOES: Runels ABSENT: Lubin There being 3 AYES. 1 NO, ~nd 1 ABSENT, the motion is hereby declared to be passed. 10.b. Consideration of Implementation Plan for Code Enforcement Program Changes. City Manager Adams presented the staff report and recommended the Council approve the proposed implementation plan for changes to the City's code enforcement program. Council Member Dickens stated he had one concern that has not been addressed. He said the community has one point person to address all issues. . He stated he would like to see a formal system in place for the public to know who to contact regarding code enforcement issues. He liked the idea of a task force and supported the expanding the citation authority process. City Manager Adams stated that concerns expressed by Council Member Dickens would. be addressed in two ways: 1) Public education efforts. and 2) A part-time position dedicated for the purpose of code enforcement administration. He explained that the part-time position would be assigned to the Building and Fire Department. Council Member Costello inquired about citation authority. Chief of Police TerBorch explained the current structure for citation authority. Mayor Ferrara opened the item for public comment; and upon hearing none, he closed the public comment period. Council Member Runels moved to approve the proposed implementation plan for changes to the City's code enforcement program and to direct staff. to prepare the necessary action items. Council Member Costello seconded the motion, and'on the following roll-call vote: AYES. Runels, Costello, pickens, Ferrara . NOES: None ABSENT: Lubin There being 4 AYES and 1 ABSENT, the motion is hereby declared to be passed. . . Mayor Ferrara called a break at 8:00 p.m. The Council reconvened at 8:05 p.m.' 11, NEW BUSINESS Mayor Ferrara declared a conflict of interest due to ownership of real property near the proposed project and stepped down from the dais. He designated Council Member Costello as the Presiding Officer for Item 11.a. 11,a. Consideration of Temporary Use Permit 04-007; Authorization to Close Courtland Street Between Raspberry and Ash Streets for uJasmine Place" Grading Operations, Storm Drainage and Utilities Installation; S&S Homes, ,~:o. :t / , , \ 't /(.' ,/ ~. ' . x' :-'1, /~ \1' . * 'I '\ ' _~. ,.... ' y~! .. . ,'--'.---- .", ,. j./ /-----<: ." " .,.- , 1. ~, . --- - I:" -"7# .... . ~~. , /"--.- "t " ~........., .,---_.-- W . ~. , " " '~,....':::'"{". ~ ". 1': i ! ., f , ., '" '~ \( ., i..,.~ ~' /:.;ft;"/ ' " ,~r~: ".~~. . ',- '.. .,. . \, ,I. ~.~" J'lt ~ "\.' .~~;)~, \'L' I ~ * r '~ , {~ 'i '_;~'''' " ~ ,'" ,,~ ,'< ~ ...., ,~-~ '" '~ .~,' . " 1 ~~' .. ~ " .. ,. A, .~ ~-" " /' " /' ,....-"" . '/~l" /Q . ".". '. ...... \../ .' .. f r ) ,',>>' J. _ ~ . " ,"" .; .. \ .' / ? .", ..... .... "'. , . ~ , I I . ATTACHMF;NT 3 MINUTES CITY OF ARROYO GRANDE PLANNING COMMISSION JULY 6,2004 - 6:00 P,M, CALL TO ORDER - The Arroyo Grande Planning Commission met in regular session with Chair Guthrie presiding; also present were Commissioners Arnold, Brown and Fowler; Commissioner Keen was absent. Staff members in attendance were Community Development Director, Rob Strong, Associate Planner, Kelly Heffernon, and Planning Intern, Andrea Koch. AGENDA REVIEW: No Changes APPROVAL OF MINUTES: No Minutes. I,A, ORAL COMMUNICATIONS: None B, WRITTEN COMMUNICATIONS: 1. Fax received July 6, 2004 from Dennis Law, Andre, Morris & Buttery, re proposed GPA 04-002 for Noyes Road property (Public Hearing Item !lI.A.) II,A, MINOR USE PERMITS APPROVED SINCE JUNE 29, 2004 - SUBJECT TO 10- DAY APPEAL: 1. Viewshed Review 04-011 Ernie Ped 651 Mulberry 2nd story addition. J. Bergman Lane 2. Viewshed Review 04-010 Ray & Kathleen 252 N. Elm .2nd story addition. J. Bergman Valdez Street The Commission had no concerns. Mr. Strong stated the Minor Use Permits would be approved after a ten-day appeal period. III, PUBLIC HEARINGS: A. GENERAL PLAN AMENDMENT CASE NO, 04-002; APPLICANT - CITY OF ARROYO GRANDE; LOCATION - NOYES ROAD, Staff report prepared and presented by Associate Planner, Teresa McClish. Mr. Strong presented the staff report, Ms. McClish being absent. He explained that the Commission were to review a City Council initiated General Plan Amendment (GPA) to consider change of land use designation from ConservationlOpen Space and Single Family Residential-Low Density Planned Development to Conservation/Open Space and Single Family Residential-Very Low Density Planned Development, affecting approximately fifty three (53) acres at the northwest edge of the City on Noyes Road. He then stated the highlights of the report; stated that this GPA would cause a reduction in the maximum number of units allowed from 35 to 21; the pre-application had not yet been submitted to the Commission, but had been reviewed by the Staff Advisory . , I MINUTES PAGE 2 PLANNING COMMISSION JULY 6,2004 Committee; on July 19, 2001 the Commission recommended ona 3/2 vote for Conservation/Open Space on this parcel (for one dwelling unit per parcel). Mr. Strong answered Commission questions re the staff report. Chair Guthrie opened the hearing to the pubic. Dennis Law, Attorney representing Castlerock, addressed the contents of the letter he had submitted to the Commission stating that it appeared that the proposed action had come from their submittal to the City of a preliminary application for Tract 2651 (a 35 residential unit). Chair Guthrie closed the.hearing to public comment. Condensed Commission Comments: Brown: . He had no problem moving forward with the amendment as discussed given the information and his previous vote (which was for a lower density). Fowler: . Stated this was a perfect place for clustered development as it was in an area with the same density and a road was available. She had voted against the open space designation before and would not vote for a change now. Arnold: . He could vote for 21 units as long as they were in a clustered type development (as 35 was too high). Guthrie: . He did vote for lower density before and even though things may have changed this parcel was a long way from public services; he could support a change in the GPA for the 21 units. Commissioner Brown made a motion, seconded by Commissioner Arnold to amend the General Plan Land Use from Conservation/Open Space and Single Family Residential- Low Density Planned Development to Conservation/Open Space and Single Family- Very low Density Planned Development for an approximate 53-acre property located on the south side of Noyes Road at the northwest edge of the City Limits owned by ASCG and Sandstone Holding Corporations with an amendment to: . Include a clustered planned development of a maximum density up to 21 units. AYES: Commissioners Brown, Arnold and Chair Guthrie NOES: Commissioner Fowler ABSENT: Commissioner Keen ---- ..---,... -- , , ATTACHMENT 4 ARROYO GRANDE PLANNING COMMISSION MINUTES FOR GENERAL PLAN UPDATE HEARING July 19, 2001 PAGE 6 Single Family Residential Low Medium Density, with a Planned Development combining designation to encourage cluster residential planned development of approximately 25 du and including possible expansion of Soto Sports Complex or private park and recreation/ponding basin potential, Area eleven . East Grand Ave Mixed Use Corridor Boundaries (and adjoining residential area density determinations) To retain the single family residential, medium density classification for the subdivided, developed areas north and south of the east Grand Ave, mixed use (former . General .Commercial classified properties), except Alderhouse and two adjoining lots on Alder St, The site specific exception would be reclassified from Senior Housing and Single Family Residential to Multiple Family Residential, very high density with a Planned Development combining designation (the exception being a refinement evolving from FEIR response to comments) The Planning Commission recommendations on the remainder of the Land Use Study Areas 2,4,5,7 and 12 were accomplished by separate roll call votes for each of the following areas and subareas: Area two Rancho Grande at Noyes Road: The 53 + /- acres composed of two parcels should be reclassified from Planned Development to Conservation/OpenS pace, allowing 1 du per parcel rather then with Planned Development combining designation allowing up ~o 35 du maximum, Vote 3-2: With Brown Guthrie and Costello for and Fowler and Keen opposed, Area four Royal Oak Estates: Reclassify from Planned Development to SFR-LD-PD and C/OS, single family residential low density with planned development combining designation allowing a maximum of 20 du at one du per 1.4 acre, exclusive of the tree preservation easement area shown as. C/OS, Vote 3-2: with Fowler, Keen and Guthrie for and Brown and Costello opposed, Area five Prinz. Noyes and Oak Park Roads- Northern Sphere of Influence (501): . Exclude entire 501 area outside current city limits from city's urban reserve and request county referral to city council of all development proposals, subject to county LUE amendment to require minimum parcel size of 2,5 acres per dwelling unit. Revised the prior proposal to retain this as 35 acres within 501 adjoining Highway 227 for potential Single Family residential, low density planned development subject to annexation, Vote: 5-0 Guthrie, Brown Keen, Fowler, and Costello for, none opposed, Area seven Village Mixed Use Boundaries and Uses: This Land Use Study Area was discussed by geographic sub-areas and includes several controversial property owner requests for reclassification: ------_.~---- ~~'---' ~ --- , . Special City Council Meeting October 3, 2001 Page 8 Development Permit approval (Development Code Section 9-03-160). In addition, where affordable housing is proposed in a .Mixed Use designation, density incentives exceeding 25% may be considered." There was consensus of the Council to approve staff's recommendation. Consultant Strong reviewed responses to public comment and stated that there were no land use designation changes to the Land Use Element Map or substantive changes to the policies. Mayor Pro Tem Ferrara stated he had some suggested wording changes in the General Plan Elements, as follows: Take out "an" on Page LUE14, LUg - "Provide for aR appropriate maintenance, development...." . Council concurred. Add "CEQA review" and omit rest of sentence on Page LUE17, LU11-3.3 - .....Any project that would degrade the Level of Service at the peak hour per City circulation policies will require CEQA review a Statement of O':erridiFlg ConsideFatioFls or CEQ/\ findings. Council concurred. Mayor Pro Tem Ferrara referred to Page CE9, CT5-6.2 and stated he was not sure it needed to remain as a General Plan Policy. Discussion ensued regarding Project Study Reports, funding plans for projects; and the roles of County of San Luis Obispo, Caltrans, and SLOCOG in reviewing regional projects. Following discussion, Council reached consensus on the following revision to CT5-6.2 as follows: CT5-6.2 - Request that the County, Caltrans. and SLOCOG consider proportional participation in Los Barros, EI Campo, Traffic 'Nay, Fair Oaks, Valley and Halcyon Road impro'lements between Highway 1 and Free'....ay 101 croiects involvino reoional traffic imcacts. Consultal')t Strong indicated this was the opportunity for the Council to clarify or revisit any other issues. Mayor Lady stated he would like to readdress Land Use Areas 7Eb - East Myrtle, East . Cherry and East Cherry Extension East of Noguera Place South of Arroyo Grande Creek, Including Lierly Lane; 7Sb - South of East Cherry Avenue, East of Traffic Way; and the Vanderveen property off of Branch Mill Road. Mayor Pro Tem Ferrara stated he would like to readdress Land Use Area 2, Rancho Grande/Noyes Road. Mayor Lady referred to the 1 0+ acres on East Cherry and suggested an alternative land use. He suggested a changed use from agriculture to a Planned Development with an agricultural buffer, with the agricultural portion to be for non-pesticide farming uses. He , . Special City Council Meeting October 3, 2001 Page 12 providing for an agriculture buffer to the southeast and Conservation/Open Space along Arroyo Grande Creek to the north and east. Mayor Lady stated he could support that recommendation. Following discussion, it was determined that consensus had already been reached on this land use area, and there was no change. Council Member Dickens returned to the dais. Mayor Pro Tem Ferrara referred to Land Use Study Are~ 2 - Rancho Grande at Noyes Road and requested reducing the density due to potential encroachment on the hillside. He stated he would not favor a retaining wall on Noyes Road and due to the geophysical constraints of the area, 35 units is much too dense. . Discussion ensued with regard to Environmental Impact Reports (EIRs) and the nature and topographical features of the area. Council Member Lubin and Mayor Lady shared concerns expressed by Mayor Pro Tem Ferrara; however, the stated designation allows "up to" a maximum of 35 units and the EIR would address environmental issues with regard to the. property and the Council could make a determination with regard to the number of units. Council Member Runels agreed. Following discussion, there was majority consensus to leave the classification as Planned Development (PD) designation allowing up to 35 dwelling units. Council Member Runels referred to the Circulation Element, Objective CT2 and asked for further clarification and explanation. . Consultant Strong referred to the first page of the Circulation Element, Objective CT2 and explained that policies CT2-1, CT2-2, CT2-3, and CT2-4 identify future evaluations and considerations and what happens if it is impossible to attain or maintain LOS 'C' in the future. He explained that Policy CT2-4 suggests the City should periodically review the LOS policy and actual system performance to identify model deficiencies and consider programs, mitigation measures and/or policy revision and refinement. 6, AUTHORIZATION TO CONTRACT FOR TELEVISING THE CITY COUNCIL MEETING ON OCTOBER 9. 2001 . Staff recommended the Council authorize the City Manager to contract for services and allocate $600 for televising the City Council Meeting on October 9, 2001, if adoption of the General Plan is continued to that meeting. Council Member Lubin moved to authorize the City Manager to contract for services and allocate $600 for televising the City Council Meeting on October 9, 2001, if adoption of the General Plan is continued to that meeting. Mayor Pro Tem Ferrara seconded the motion. The motion passed 4-1 by voice vote, with Council Member Runels dissenting. J , I 1 - -- I 2.) Rancho Grande - Noves Road .' Existing Conditions, Prior Plans and Regulations , This remaining undeveloped 53-acre property is part of the Rancho Grande PD shown as Planned Development/Specific Plan on the 1990 General Plan, It is zoned PD 1.2 and shown on the Rancho .Grande..Conceptual Master plan as two parc~ls that are part of "unplanned PD areas", - The EIR for the PD Indicat~d 5 units on each parcel but the PD allows 1 unit per parcel unless rezoned, The 2000 draft map Indicated Open Space and Low Density Single Family for the undeveloped area, but other single-family densities and open space configurations may.be - appropriate. Adjoining lots to the south In the City are generally l,..acre while County areas to the west and north are Residential Suburban also allowing 1-acre lots, . . , JmfJiJ.cts of tI1e Proposed General Plan . These 53-acres contain two parcels of relatively steep slopes, mostly vegetated, traversed by several drainage ways and relatively undisturbed wetland. The sites have not been surveyed or , evaluated but would be subject.to a project EIR with any proposed Planned Developmet:lt. The range of lan.d use and planning considered reasonable for this property range from 1 to 53 dwelling units, all subject to Planned Development approval, Environmental Impacts would be i~ expected to be proportional to development I",tensity and amount of property disturbed for construction, Population and housing would range from a minimum of 6 residents if only one house were allowed on each of the two existing parcels to approximately 159 if 53 single-family. - dwellings were developed on the 53 acres, The prop.osed plan Includes a maximum of 35 dwellings which would accommodate.approximately 105 residents. I The relatively steep slopes composing the eastern half of the property are considered high ~ landslide and slope stability risk while the relatively level areas traversed by ~rainage and wetlands are potential liquefaction and settlement risk areas, . In either event, Planned Development would require site-specific geotechnical and soils evaluations and engineering to J mitigate geophysical concerns prior to grading and construction, Water resources for Increase of potential development Is a cumulative impact Issue affecting this property, currently limited to two dwellings. If development were proposed on the lower flatter portions of the property, flood control and drainage would require site engineering to mitigate these potential Impacts, One ~ potentially significant Impact associated with grading and drainage would be the degradation of surface water quality due to siltation from disturbed hillsides draining into downstream Meadow Creek and extremely sensitive Pismo lagoon, Prior developments have not adequately mitigated ~ erosion and siltation Impacts which. will require better design and construction to prevent permanent degradation of these Important resources: On-site ponding and siltation basin maintenance are two recommended methods for surface water quality mitigation, 'The potential A for a project with up to 35 dwellings, would generale approximately 10 Ibs per day of air quality . emissions but less than 25 Ibs per day, the "screening-level" criteria. Some project mitigation measures to reduce vehicle trips an~ travel distance would be appropriate, bl!t low-density ~ residential development Is inherently automobile oriented, a pattern already established by adjoining existing urban and Residential Suburban uses. A 35 home project if proposed would add approximately 350 trips. to the local and regional street system and require traffic study with 20 or rpore peak hour trips expected, Traffic mitigation measures would be determined by I project ErR, . Biological resources of the undeveloped property h~JVe not been surveyed but are expected to I Include Coastal Oa!< woodland and chaparral on the hillside and Riparian woodland and wetlands on the Noyes Road valley floor, Sensitive plants such asPismo Clarkia, and Well's Manzanita may be found on this diverse residual area at the northwest edge of the City, Energy and Minerai . I . . --------. EIR - 39 J ( , , il ---- :1 R~urces are not apparent concerns regarding this property, As noted above, slope stability and . .. landslide hazards are hillside development risks while flooding, liquefaction and settlement are, I hazards affecting the relatively level portions of the site. Fire hazard due to Oak Woodland and"" chaparral interface with existing and potential residential developm~nt Is an additional hazard, . particularly due to marginal fire' response time from the CIty's fire station, approximately six i minutes away, Noise Is not a. potential impact Issue on this property at the northwest edge of the City except during short-term construction activity, Public services such as fire and police are least efficient at the edge of the City and currently overcapacity school facilities will require student transportation to all grade levels since none exist In this. part of the City, The cost- I .benefit of residential development, particularly low density development at the edge of the City, would be expected to be adverse, Including water, sewer, storm drainage and garbage seryice as ~~~* .' . I Although Planned Development for low density residential would be subject to design review and special site planning, and aesthetically attractive cluster development screened from adjoining I areas would be expected, the conversion of natural open space to urban use would be a degradation of existing natural scenic character, The alternate potential for conventional subdivision would be much more detrimental aesthetically, however, as roads, building sites and yards associated with large lots If evenly spread over the site would cause removal of most I 'natural vegetation and become visually prominent from Noyes Road as well as adjoining eXisting residential areas, Cultural resources of this undeveloped property have not been surveyed and impacts on possible 0 archeological areas are thus unknown: Planned Development would require site evaluation to determine possible impacts and appropriate mitigation measures; including avoidance by cluster I '. design. The recreation Impacts of potential Planned Development would be off-set by prior dedication of a public park site, payment of park fees, provision of proposed recreational trails traversing the property and possible on-site private recreation commons, The PD .would extend equestrian and multi-purpose trails to the edge of the City to eventually connect with County I trails In Residential Suburban Fringe Area or along County road rights-of-way, Park and recreation facilities will be provided by the City at Rancho Grande Park, already programmed for improvement. Conclusion: Any Plan"ned Development would require project fIR. . I Alternatives, Evaluations and Explanations.' a. Create a PD classification similar to the 1990 plan; I .. . b, Classify as Conservation/Open Space and enable one house on each existing parcel or allow. consideration of 1 du/S ac, or 1q ac" implying 5 to 10 houses with PD approval; I Classify as SFR-VLD-PD to enable consideration of a very low-densitY, single-family c, residential planned development not to exceed 1 dU/2.5 acres, enabling up to 21 units; . I d. Classify as SFR-lD-PD to enable consideration of a low density single family residential planned development not to exceed 1 du/1.S acres enabling up to 35 units, or 1 du/ac. I enabling up to 53 units; and, e. Classify as SFR-lM-PD and C/OS to enable consideration of a LM Low Medium-density single-family residential planned development on the most developable portions of the ti site, requiring Conservation Open Space on the bulk of the slopes, drainage and vegetated areas, This mIght enable 53 units or more, depending on the proportion of prop~rty classified C/OS versus SFR, I . , ElR:"" 40 I --------- J' ; J . I J The 2001 General Plan Update proposes alternative 'd' SFR-LD-PD Single Family Resi?ential- .' Low Density (Hillside) Planned Development and Conservation/Open Space combining designations to retain natural slopes, drainage and vegetation over the majority of both J parcels, Planned Development would allow maximum of 1 du per 1.S acres and encourage duster residential and open space up to 3S units. ) Although the (jeneral Plan Update classification as SFR-LD-PD and C/OS combining designation ~ implies a potential for up to 3S dwelling unit residential planned development, that would require a PD20ning amendment and prerequisite project EIR to implement. (Current PD1.2 allows one dwelling per parcel). This is tlie basic mitigation measure for General Plan Update, Until site ~ specific and project specific analysis is provided by the required EIR, the maximum development would be limited to 1 dwelling per parcel. Regarding alternatives, the Update attempts to avoid use of the PO General Plan classification as ~ it does not identify intended use without research into 20nlng and Development Code provisions, The C/OS-PD, Conservation/Open Space Planned Development classification alone would be an environmentally superior alternative, allowing one dwelling per parcel or 1 du per 10 acres ~ allowing S.dwellings or 1 du per. 5 acres allowing 10 units maxi~um, subject to PD zoning, . amendment, Fewer units imply less disruption to the natural environment and more opportunity for avoiding sensitive resources with duster residential Planned Development, The classification - as SFR-VLD-PD, while reducing potential maximum Planned Development to 1 du/2.5 acres or approxlmate!y 21 dwellings, also Implies possible conventional subdivision Into 2,S acre "equestrian estate lots", . If Planned Development does not require cluster residential and substantial portions of the property to remain as natural hillside and wetland, then the lower , density could actually increase potential impacts due to greater site area disturbaf'!ce. lower density may also be less feasible due to required urban improvements for s~reets, access driveways, trails, underground utilities, drainage and siltation basin, recreational commons and - other residential amenities, The additional alternatives of SFR-lD-PD at 1 du/acre or SFR-LM-PD and Conservation/Open Space on the sloping and wetland areas of the property;. enabling 53 dwelling units or more would require General Plan amendment as well as PD rezoning to exceed - the 35 dwelling unit maximum prescribed by the Update. This higher density residential Planned Development may be evaluated as an 'Qlternative in the project EIR, but the City anticipates that the cluster concentration and design involving more than 3S dwellings would be Inconsistent with - "rural character" objectives of the'General Plan. The higher intensity development also'appears to exceed the intent of the original Rancho Grande master plan and development agreement" which provided for a total of 527 dwelljng units, JI In any event, the on-site environmental resources, irreversible changes and growth-Inducing impacts of- more than two dwellings must, be evaluated by project specific EIR prior to , implementation of the SFR-LD-PDand CIOS dev~lopment potential, .. 3.) Rancho Grande -'La Canada . . . Existing Condition~ Prior Plans and Regulations ,This un-subdivided 26,6-acre, vegetated canyon and ridge adjoining single family subdivisions to ., the northwest and southeast is part of the Rancho Grande Planned Development on the 1990 General Plan, zoned PO 1.2. 'The Rancho Grande Conceptual Master Plan implied a 40-unit clust~r residential subdivision for a ce~tral portion of.this parcel with the perimeter shown ~s open space, The 2000 ,Land Use Policy draft map showed this parcel as Open Space/Restricted, . normally applied to public owned property or involving open space'easement or similar land use restriction, ' There is a proposed veStin~ Tentative Tract Ma.p 1998 (VITM) application als~ . . EIR-41 -- -, .--.. ~... - - - -- -_.-. ---- - - _1;;0; . . I JUL-07-2004 13:52 CASTLEROCK A TT ACHMENT 5 I~ I o Eve LOP MEN T July 7,2004 Mr. Rob Strong Community Development Director City of Arroyo Grande 214 E. Branch St. Arroyo Grande, CA 93421 f. , Dear Mr. Strong - I am follov.ing up on our discussion<regarding shared density bt:twcen Tract 1998 and TI'aI.."1 2651, specifica.l1y our concept of dividing the density in half, a 21/21 split so to speak. As 1 have thought about it. the concept of shared density arises in a couple of different contexts. First, Tract 1998 is nearing finalization. As the City considers the environmental impacts, mitigation measures and project altemativcs for Tract 1998, Tract 265 I may be seen as a viable location to satisfy some of Tract 1998.'s project objccti ves. Second, although Tract 2651 is still in the very preliminary stages ofproces~ing, reducing density ftom 35 units (allowed under the current general plan designation) would be a means of anticipating and thusly reducing potential environmental impa.cts on T fact 2651. It would also resolve the potential inconsistency arising ftom the City's proposal to down zone the property so soon after up zoning it in the 2001 general plan process. Perhaps we could arrive at a development agreement, the objective of which would be to develop two housing tracts that equally divide the 42 unit density into two 21 unit projects. The benefIt for both entities would be a development process based upon sound planning principles, detailed environmental aIialysis, and utilization of the McHargian mt:thod of establishing the most appropriate building areas. The oUt(;ome would very likely be lessoned impacts in every category from biological to aesthetic on both ~),tes. It is possible that some form of agreement could be used to me~oria1ize this approach, perhaps, even a dcvelopment agreement th~t is somehow attached to the original Rancho Grande development agreement thereby amending that agreement to assure the remaining 42 units be constructed 011 Tract 1998 and Tract 2651 (Noysc Rd). This would be logical considering that the 527 unit cap stated in the original agreement would remain intact. . If this prosp~ makes sense Castler~ck Development is prepared to assign staff to coordinate with the Planning Department to draft the basic outline of an agreement. ~=IY. t Post-It. Fax Note I~~.' Dean Coker, Senior Planner ,--- To ~ g0:]\J Castlerock Development CoJCept. . Phone II . Fa,r" .It ctJ.JIIP7I;/I Ctll'pOrllntlll ?02 H3 Tank Far." Road ... 5f1'1 Luis Obispo, C.ati/orn;'! 93401 ... Uc:. NQ. 730788 A (805) 546-8100 ... Fax (81)5) 549.8419 .' . ~._~ TOTAl P.01 ------ . REC~',1~D ANDRE, _. \I ....... PETER~. ANDRE (1918-2000) MORRIS MICHAEL J. MORRIS JUL 0-7 2004 JAMES c. BUTIERY BUTIERY DENNIS D. LAW J. TODD MIROLLA A PROFESSIONAL LAW CORPORATION CITY OF ARROYO GRMJDE SCOTI W. WALL COM~~IJ1'.!nY D~I::f (y:;;'::rr DEP-' MARY E. McAUSTER \I ...1 I ......, .__....11 ..i_I I _ I. KATHRYN M. EPPRIGHr KEVIN D. MORRIS WILUAM v. DOUGLASS July 6, 2004 JEAN A ST. MARTIN USA LaBARBERA TOKE MEUSSAM. McGANN BETH A. MARINO 1102 Laurel Lane Post Office Box 730 San Luis Obispo, CA 93406-0730 Via Facsimile & V,S, Mail Telephone 805.543.4171 Facsimile 805.543.0752 2739 Santa Maria Way, Third floor Teresa McClish Post Office Box 1430 Santa Maria, CA 93456-1430 City of Arroyo Grande Planning Department P. O. Box 550 214 E. Branch Street Arroyo Grande, CA 93421 Re: Proposed General Plan Amendment for Noyes Road Property (APN Nos. 007-781-055 & 007-781-056) Dear Ms. McClish: This letter is presented to you on behalf of Castlerock Development in connection with the item on your meeting agenda forJuly 6,2004 regarding the above-tefehmced general plan amendment. The net effect of the proposed action will result in the reduction in allowable density from the maximum that is now allowed of 35 residential units down to a revised maximum of 21 residential units. The proposed action came about followingCastlerock's submittal to the City of a preliminary application for Tract 2651, a 35-unit residential subdivision. The only property that is the subject of proposed action is Tract 2651. Tract 2651 (formally referred to as lots 10 and 11) was the subject of a land use reclassification in the City's most recent General Plan update in 2001. Prior to the 2001 General Plan update Tract 2651, then known as lots 10 and 11, had a maximum density of two residential units. Through the City's own initiative it increased the allowed density to 35 units, which is the density that exits today. The pending application for Tract 2651 is consistent with and follows the City's plan as was brought about through the 2001 General Plan update. .. During the 2001 General Plan update the City also initiated a request to change the density on the prop6rty known as Tract 1998. This change reduced the density from 40 units to five units.;.The City's requested change Was made even though Tract 1998 was incorporated into C~,,' ,the :Rancho Grande Master Plan ata density. of 40 units. andeveIi thotighCastlerock was in the '"~;,.nrids~.ofprocessing avesting tentative trac~ map that vvasqonsistent with the Master Plan. 'j,~~-",;, ",.>ot>:~r~~~~;;;>~~:-':"~':i't--':'-",""'~r"~-'1/:', ~~i"'-')"I-""'\.'\~:_\1""'" . "'0''''~''"'J''--: ,>,/",. ,\_';-: "",:. . . :.,~:( ""~~,~~:;.,,..."t,4;,,::~.<{',:~...,!~>:-, -.. ..' .". ~j;;f'tX~asHetockobjecte(no'the'foouctiori'in density on the baSis that it was inconsistent with the '/~":::#" :,~,::;~t~~*\,::,,,-. ~ ~ . "~~'i~~,\~i,!, , -. I F:INE1\C\Cast1c1 1\1tf]RlCClish 7-6-04.cIoc 'NV' ;.<,,:,:"", . ANDRE, MORRIS BUTTERY A PROFESSIONAL LAW CORPORATION Teresa McClish July 6, 2004 Page 2 MasterPlan and with the processing of Tract 1998. Despite Castlerock's objections, the City reduced the density of Tract 1998. Tract 1998 has continued to be processed solely because under applicable State law the City is required to process Tract 1998 based on the rules that were in place prior to the 2001 General Plan update. During the environmental review process for Tract 1998 the Draft Subsequent Environmental Impact Report (DSEIR) evaluated lots 10 2J1d 11 (referred to therein as the Noyes Road Alternative) as prospective alternative development sites for the project that was proposed for Tract 1998. Although Castlerock objected to this alternative analysis, the City proceeded with this analysis and, in fact, concluded that the Noyes Road Alternative was a superior site in relation to Tract 1998. As you know, following the City Council's certification ofthe Revised FSEIR, the City and Castlerock have yet to bring Tract 1998 back to your commission and to the City Council to determine the final project configuration and conditions of approval. In other words, the impacts, mitigation measures and project alternatives, including the Noyes Road alternative, are still unresolved in terms of describing and conditioning Tract 1998. For obvious reasons, Castlerock objects to the proposal to amend the General Plan by reducing the density on Tract 2651. Castlerock's objection is both policy oriented and legally based. From a policy orientation, the proposed action reflects deficient long-range planning and inconsistent planning objectives. From a legal perspective, the proposed action is unlawful. The actions by the City involve a series of density reductions; each involving reclassifications of Tracts 1998 and 2651 following tract map applications. The pattern suggests discriminatory motives and indicates an unconstitutional lack of rationality. For both policy reasons and legal reasons,Castlerock objects to the proposed general plan amendment. Having said this, Castlerock expresses its willingness to work with theGity on'a plan of . idevelopment that coordinates the development of Tract 2651 and Tract 1998. This can be done 'in the context of finalizing Tnictl 998 and developing a plan of development that takes into account reasonable density located on Tract 1998 and in conjunction with the utilization of Tract 2651 as a project alternative for placement of comparable density. A coordinated effort such as this is an appropriate and, in fact, suggested approach to development as a part of the enviromnental review process involving Tract 1998. Castlerock is fully committed to participating in the give and take involved in finding a way to meet project objectives and at the . same time reasonably address environmental concerns. - F:\NETlaCastlct tlhr)mcclish 1-6-04.doc - . ....-..-,.--.- ---" APROFE$IONAL LAW CORPORATION Teresa McClish July 6, 2004 Page 3 Castlerock asks that your commission decline to recommend the proposed reduction in density for Tract 2651, and that instead it direct staff to continue working with Castlerock on the processing of Tracts 1998 and 2651 based on existing ordinances and policies. Very truly yours, C/ - -0;;:Y-~ Dennis D. Law DDL/ru cc: Client (via fax) F:\NE1\C\Castlei llItrJmcclish 7-6-0'4.doc -- ...-- ., , . RE,-..rr,\ f''-''[) . .....4 "- ~ vi ......,~ JUL 0.92004 CITY OF P,fiROYO (~f~\~ :~E July 6, 2004 COM~/1UN;TY O;:V::LO;:I.,'::~~ '" l'EPT. Community Development Department City of Arroyo Grande 214 E. Branch Street Arroyo Grande, CA 93420 Re: General Plan Amendment Case No. 04-002 Dear Sir or Madam: . I am writing to indicate mv SUDDort of the proposal to amend the 2001 General Plan Land Use Map to redesignate the land use designation of APNs 007-781-055 and 007-781-056 to Very Low Density Residential and Conservation/Open Space Planned Development. I want to thank the City for taking this action. Since my property is adjacent to one of these parcels, I have a personal interest in seeing that as much of the land as possible stays free for the remaining wildlife that my family and neighbors enjoy and that is vital to the health of our community atid that the City's inftastructure and resources are not overly strained. Again, thank you. Cordially, . Koscelnik 1 Puesta Del Sol Arroyo Grande, CA 93420 -- -----------.. ----.-- .- '" .. . ... , Attachment 6 ~iU,t 0/ P.O. Box5SO ~ 8f~ 214 East Branch Street ArroY9 Grande, CA '3421 Phone: (805) 473-5404 CITY COUNCIL FAX: (805) 413-OW E-Man: agclty@arroy.ande.or. . July 23, 2004 Dear Fellow Council Members:. In light of my absence at Tuesday's City Council Meeting, I would like to offer several comments specifically regarding two agenda items for your consideration, Agenda Item 9.b. '- Consideration of General Plan Amendment 04-002, I would respectfully request this item be continued to a date that the full Council has the ability to review this potential amendment. Agenda Item 11 ,a. - Consideration of Request for Appropriation for Arroyo Grande High School Pool Expansion. The community has voiced the need for adequate aquatic facilities for well over eight years. With the passing of the recent school bond, Lucia Mar Unified School District has a rare opportunity to address both their student's needs and accommodate increased pool demands from the general public, I support funding assistance to the School District to. build a 50-meter pool, although, I believe .the $250,000 difference should be an equitable. responsibility from the following contributors: The City of Arroyo Grande, The City of Grover Beach, The City of Pismo Beach, The County of SLO and the community at large (Aquatic organizations and swimming enthusiasts,) Based strictly on population,. ideally a more equitable funding distribution would be $55,000 from the City of Arroyo Grande; $45,000 from the City of Grover Beach; $35,000 from the City ofPismo Beach; $40,000 from SLO County; and the remaining $75,000 from the community at large, If approved and funding made available to LMUSD from outside sources, it will be imperative to develop an agreement for increased community access to the pool. I appreciate your consideration of these items. Sincerely, ?Ji(v\?;;~ Jim Dickens, Council Member 11.a. O� pRR0yo INCORPORATED Z v I..::►�:a�:..�.) * JULY 10. 1911 * MEMORANDUM C. F 004‘P TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGE- 4 SUBJECT: CONSIDERATION OF APPOINTMENT TO SAN LUIS OBISPO COUNTY HOUSING TRUST FUND COMMISSION DATE: AUGUST 24, 2004 RECOMMENDATION: It is recommended the City Council appoint Kelly Heffernon to the San Luis Obispo County Housing Trust Fund Commission. FUNDING: The City has already appropriated $5,000 to the San Luis Obispo County Housing Trust Fund. There are no new costs associated with this item. DISCUSSION: At the February 24, 2004 meeting, the City Council appropriated $5,000 from the Affordable Housing In-Lieu Fee Fund to provide financial assistance to the San Luis Obispo County Housing Trust Fund. The mission of the Housing Trust Fund is "...to increase the number of units of affordable housing for low and moderate income County residents" They propose to accomplish this primarily through leveraging private and public funds to provide loans for affordable housing projects. As a participating jurisdiction, the City will have representation on the Housing Trust Fund Commission. They have requested the City submit an appointment to them at this time. The purpose of the Commission will be to serve as a loan committee and recommend policies and procedures. The appointment can be either a member of City staff, Commission or City Council. However, after questioning representatives of the Housing Trust Fund, they indicated they believe the majority of cities will be appointing staff representatives. Therefore, staff is recommending Kelly Heffernon, Community Development Associate Planner, be appointed as the City's representative on the Housing Trust Fund Commission. Ms. Heffernon has been responsible for the majority of efforts involved in updating and implementing the City's Housing Element. As a result, she has been most involved in affordable housing related issues. S:\CITY MANAGER\STEVE\Council Reports\Housing Trust Fund Commission Appointment 8.24.04.doc CITY COUNCIL CONSIDERATION OF APPOINTMENT TO THE SAN LUIS OBISPO COUNTY HOUSING TRUST FUND COMMISSION AUGUST 24, 2004 PAGE 2 ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Appoint Kelly Heffernon to the San Luis Obispo County Housing Trust Fund Commission; - Appoint other staff person, Commissioner or Council Member; - Do not make appointment to Commission; - Provide direction to staff. Attachments: 1. August 6,2004 Letter from San Luis Obispo County Housing Trust Fund --.--....---..-..--- - ---- ---- 1 "EJF..GRA~mE AOO ,a PH 3: 51 August 6, 2004 Steven D. Adams City of Arroyo Grande P.O, Box 550 A:rroyo Grande, CA 93421 Dear Mr. Adams: Based on the financial support the City of~yo ~"~~tJJ.oa.,l_QIUpo County HousingTrust Fund (HTF), we c~ your city tq ". .~..j1tdI...., As a participating jurisdiction, you have the opportunity toappoiAt one ~veto. H'I'F Commission. The Commission serves as our loan coID111ittee. It also ~ _.poticie$.-procecIures to theHTFBoard of Directors. The size of the Co~i~V1hrllllOffom"~ito.-en members. We "anticipate that approximat~4alf ()ftlle.~~.Will-.{"'~ by participating jurisdictions. One Commi~ wiltbe.~..by..tlteSLO~ve Consortium and the balance will be appointed directly by our Board to represeatol1er community interests. You may use your discretion in selecting your appointment to the HTF Commission. Your appointee may be a city staff member or someone else whoia~ ..by.)'OIIMIf or the city council. Your appoiJttee.sfkndd, of~, ~~.~ ...;~~~,......to ~::~m:s=:S~cir::f!.():~'r~..].,.:.i,.;.....t'."..00.jJ.-.... We hope to establish the Commission and conduct an oricntatiQn for Commissioners during the month of September, Your assistance in helping us to fill".C~"OD"'" is areatly appreciated. I have enclosed the job description. ~ ()fe$ie.......t for Commissioners. Other material relating to tfte HTF is alsoeneJc)sed. Please call me at 543-5970 if you have any questions, Sincerely, d L. Rioux xecutive Director 4111.~;..;.MJ. San Luis C)b~:'iCA 93401 .~(.5J~.'.'_r'-- ~".t\.~.w!....kW"1J....Jm.~....! Q ItJ "'HOUSING fOR ALL'" Mission, Vision and Core Values The following mission statement, vision statement and core values were adopted by the Board of Directors of the San Luis Obispo Housing Trust Fund on February 20, 2004. Mission The mission of the San Luis Obispo Housing Trust Fund is: to increase the supply of affordable housing for very low, low and moderate income residents of San Luis Obispo County, including households with special needs. Vision The corporation's vision is "Housing for All." All San Luis Obispo County residents and employees should have decent, livable and affordable housing. Core Values The corporation's core values are Leadership, Partnership and Stewardship: Leadership: The HTF is an advocate for affordable housing and a catalyst to achieve these goals through working effectively with others. Partnership: The HTF cooperates with others and strives to be inclusive in its efforts, and uses its expertise to provide assistance to others. Stewardship: The HTF is fiscally responsible and accountable to its funders and the community. It is dedicated to the wise use of resources and to the achievement of results. -- -.--' # ~A-"{m~l.J!-'m?~...QJ!L?_P-.Q~.~.gJJm~mIY --..--------... . H 0 U SIN G FOR ALL" .......... Job Description RTF Commission Member The position of Commission Member or "Commissioner" is a volunteer position within the San Luis Obispo County Housing Trust Fund (HTF). Commissioners make recommendations to the Board of Directors concerning loan policies and procedures and individual loan applications. Commissioners are appointed the Board of Directors, the San Luis Obispo Supportive Housing Consortium or a participating jurisdiction, as defined in the HTF's Bylaws. Commissioners serve at the pleasure of both the Board of Directors and their appointing entity. Commissioners may be removed by the Board of Directors or their appointing entity with or without cause. Specific responsibilities and duties of Housing Commission members are listed below: Policv Development Commissioners will be involved in providing policy recommendations to the Board of Directors and Housing Trust Fund staff concerning the use of the Housing Trust Fund revolving loan fund. They will help identify the types ofprojects that should receive funding and will establish criteria for prioritizing projects. Commissioners will also develop and recommend guidelines for evaluating loan applicants. Loan Application Review Commissioners will participate in developing policies and procedures for evaluating individual loan applications received by the HTF. Commissioners will review and evaluate applications received by the HTF using the established criteria and recommend action on each application to the Board of Directors. Monitoring and Evaluation Commissioners will participate in developing policies and procedures for monitoring and evaluating projects that receive loans from the HTF. Commissioners will oversee and monitor projects that have received loans from the HTF. Commission members will also develop an evaluation process and report to the Board of Directors on active loans. Desired Knowledge or Interest in Learning . The mission statement, policies and programs of the Housing Trust Fund. . Housing affordability issues. . Community populations that need affordable housing. . Affordable housing finance and development. . Local planning policies and procedures. . Real estate financing. ---- --~----- r ~ Job Description: HTF Commission Member Page 2 of2 Personal Characteristics Ability and desire to: . Analyze potentially complex project details and be able to learn or become familiar with proj ect financing mechanisms. . Work cooperatively to build community. . Commit to the Housing Trust Fund's mission and goals. . Contribute new ideas that help meet the Housing Trust Fund's mission and goals. For additional information, contact: San Luis Obispo County Housing Trust Fund 4111 Broad Street, Suite A-6 San Luis Obispo, CA 93401 phone: (805) 543-5970 fax: (805) 543-5972 website: www.slochtf.org . . . -- HHOUSING fOR ALLH.._....-. Code of Ethics This Code of Ethics establishes and defines the standards of professional conduct for all who represent the San Luis Obispo County Housing Trust Fund (HTF), including members of the Board of Directors, Steering Committee, Commission and staff (hereinafter, "Representatives"). This Code consists of values and principles that promote high standards for judgment and action among Representatives of the HTF. This Code should guide the decisions and actions of all who serve and represent the HTF. Following this Code is integral to achieving the goals and fostering the values of the HTF. CODE 1. Representatives shall view their association with the HTF as an opportunity to serve the community. 2. Representatives shall serve as community leaders and advocates for affordable housing. 3. Representatives shall strive to maintain the trust, respect and confidence of the communities they represent. 4. Representatives shall make decisions in the best interests of the HTF and the community. 5. Representatives shall make decisions using the most effective and efficient methods, in effort to meet the goals and mission of the HTF. 6. Representatives shall make diligent use of time when acting in service for the HTF. 7. Representatives shall, to the greatest extent feasible, attend all meetings they are expected to attend and notify the appropriate party prior to an absence. 8. Representatives shall work within their defined roles and respect the duties and responsibilities of other groups within the organization, which generally include: Board of Directors: overall governance, oversight and accountability for the HTF Steering Committee: providing policy input and feedback to the Board of Director Commissioners: recommending loan policies and proceeds, and actions on individual loan requests to the Board of Directors HTF Staff: day-to-day administration ofthe HTF in support ofthe policies and directions set by the Board of Directors 9. Representatives shall work together to reach consensus and resolve problem. 10. Representatives shall reach conclusions only after discussion with other representatives. --------..- . . HTF Code of Ethics Page 2 of2 11. Representatives shall refrain from publicly opposing policies and decisions of the HTF. Disagreement concerning policies and decisions should be resolved internally. 12. Representatives shall refer complaints to the Board of Directors through the appropriate chain of command. 13. Representatives shall disclose all potential conflict of interests, including those of a personal, professional, financial or economic nature. Additionally, they should disclose all things which may appear to members of the public to be conflicts. 14. Representatives shall seek counsel from the Board of Directors or others if they are uncertain whether a conflict exists. 15. Representatives shall abstain from discussions and voting on matters for which they believe a conflict exists. 16. Representatives shall not represent special interests for personal gain or for the gain of a friend or relative. 17. Representatives shall not accept any personal gift or any other monetary benefit in connection with their work or position with the HTF. 18. Representatives shall refrain from partisan politics and electioneering within HTF offices, in connection with HTF meetings or events and as a representative of the HTF. 19. Representatives shall honor the confidentiality of information relating to the HTF, its borrowers funders and others. For additional information, contact: San Luis Obispo County Housing Trust Fund 4111 Broad Street, Suite A-6 San Luis Obispo, CA 93401 phone: (805) 543-5970 fax: (805) 543-5972 website: www.slochtf.org ---.--------....-.- N H 0 U S J N G FOR ALL N Commission Member Agreement I, , the undersigned Member of the Commission ofthe San Luis Obispo County Rousing Trust Fund (RTF) commit and dedicate myselfto the mission of the RTF and pledge to carry out my responsibilities as a Commissioner to the best of my judgment and abilities. Agreement I understand and pledge to the following: 1. I understand and accept the duties and responsibilities as laid out in the Job Description for RTF Commissioners. 2. I understand and will abide by the Code of Ethics for RTF Representatives. 3. I have read and understand the mission, vision and core values* of the RTF and will strive to promote them. 4. I have read and understand the bylaws* of the RTF and will support and abide by them. 5. I will attend Commission meetings on a regular basis and prepare for the meetings by reviewing relevant materials in advance. I will strive to fulfill my duties as a member of the commISSIOn. 6. I will work to reach consensus among Commissioners, RTF staff and RTF Board members. 7. I will promote cooperation and partnerships among the RTF, government officials and the private sector. 8. I will make decisions in the best interests of the RTF and of the community. 9. I will not use my position for personal gain or to promote partisan political issues. Date: * The mission, vision and core values of the RTF are available online at www.slochtforg/files/mission.pdf. The bylaws are available online at www.slochtf.org/files/bvlaws.pdf. Other organizational documents are also available online at www.slochtf.org -~.__. . "flOV;SIHC Fall 111.1* Instructions for Applicants (8-06-04 draft) HTF encourages all applicants to call and discuss their project prior to submitting an application. HTF staff can determine preliminary eligibility over the phone and inform the applicant of their threshold qualifications. Applicants should also refer to HTF's Program Guidelines and other HTF resources. Please refer to HTF's website or call Jerry Rioux, Executive Director at (805) 543-5970 with any questions about HTF loan programs. Please use the suggested application format below as either your application to HTF or as a cover for submitting a copy of an application that you submitted to another funder. After preliminary discussions with HTF and submission of an application, HTF may make one of the following determinations: 1) approve the funding request in whole; 2) approve the funding in part; or 3) decline the request. HTF may attach conditions with any ofthe determinations, or propose further negotiation. Suggested Application Format A. Application Information . Name of organization . Address . Telephone, fax number, e-mail and website . Federal Employer ID Number . Name of contact person . Type of organization (non-profit, private, government, etc.) B. Summary Pr01ect Information . Type of project (construction, rehabilitation, reuse, rental, transitional, for sale, etc.) . Number of units (total and affordable) . Property location . Summary budget showing sources and uses of funds . Amount requested :ITom HTF . Requested terms for HTF loan C. Proiect Site Description . Location of property: city or community, adjacent streets, etc. . Parcel number . Zoning classification . Site control: site already owned, under contract/option, etc, . Development review and entitlements (approvals ITom planning agency) . Location map (may attach as appendix) . A list of any reported or studies completed to date (e.g., soils report, environmental assessment) SLOCHTF Instructions for Applicants (8-03-04 draft) Page 2 of2 D. Proiect Development Plan . . Site plan: attach site plan showing boundaries and location of proposed buildings, elevation design, and floor plans . Design features: include any details you feel would make this project attractive and compatible in the neighborhood . Affordability: state the number and percentage of affordable units in the project, including the level of affordability or specified affordability standard (may submit this information in a table showing size and price of all units) . Accessibility: include any design features that make the units accessible, i.e. universal design, v is it ability E. Proiect Budget I Financial Information . Development pro forma . Operating budget (for rental housing projects) . Overall sources and uses of funds . Proposed use(s) for HTF fund F. Proiect Schedule I Timeline . Overall project schedule or time line (e.g., site acquisition, pre-development, financing, construction, occupancy, sale, etc.) . Projected schedule for use ofHTF funds . 5 t\f'J. J,i,.J LS · Q B 1$f'(.>.<': QllN T Y HOUSING . TRUSTRJND "HOtJJlNC 1011. "1.[* Program Guidelines (8-06-04 draft) Eligible Proiects HTF loans may be used for the following types of projects: 1. Acquisition of existing housing 2. Preservation of affordable housing 3. Rehabilitation of housing units 4. Construction of new housing for sale or rental 5. Conversion of non-residential structures for housing 6. Transitional and supportive housing A housing project assisted by HTF may contain market-rate units, insomuch that they help sustain and preserve the affordable units within the same project. HTF funds cannot be used to finance market-rate units alone. HTF funds are not available to assist individual home buyers or home owners at this time. Eligible Borrowers Developers interested in creating and preserving affordable housing in San Luis Obispo County are eligible for HTF loan funds. Specifically, these include individuals, partnerships, both nonprofit and for-profit developers, and public housing authorities. Nonprofit developers are not required to have tax exempt 501(c)(3) status. Developers interested in building affordable housing should meet with residents and representatives in the community where the project will be built. HTF will give preference to projects that have established community support, or have made outreach efforts. Types of Assistance HTF offers fmancing to assist in the following phases of an affordable housing project: 1. Acquisition financing for the purchase of land or buildings 2. Pre-development and project planning, including purchase options, environmental studies, market studies, legal fees and filings, etc. 3. Site development, including associated "soft" costs for architectural, engineering, legal or appraisal services 4. Bridge loans to provide cash to borrowers in expectation of receiving funding from other committed sources at a future date 5. Construction financing and other "hard" costs 6. Rehabilitation financing -.---_.,,-~ SLOCHTF Program Guidelines (draft 8/3/04) Page 2 of3 This list is only illustrative ofthe types of financing that HTF can provide. HTF funds can be used in a flexible manner to ensure financial feasibility of affordable housing projects, upon the Board of Director's approval. Affordability HTF is flexible on affordabiIity criteria. HTF may choose criteria that are set at the local, state, or federal level, as appropriate. San Luis Obispo County updates and publishes a housing affordability index to implement federal programs, which defines income by category, as well as affordable rent and sale prices. As a general guideline, HTF will generally accept standards used by government programs (HUD, HCD, CalHF A, etc.). HTF or the local jurisdiction will require that a project remain affordable under a restriction, for a determined period oftime. Between two projects of equal merits, HTF may choose to fund a project that proposes the longest term of affordabiIity. Loan Amount and Terms Maximum loan amounts vary between programs, and may be allotted per unit or per project, as appropriate. Other terms also vary. Applicants should discuss program eligibility and funding needs with HTF staff prior to submitting a formal application for HTF loans. HTF loans must be secured through negotiated collateral. HTF will generally provide junior or subordinate loans. Accessibility Projects receiving HTF funding shall comply with the American Disabilities Act and local and state Fair Housing Law. The Housing Trust Fund's Mission Statement includes' the provision of housing for households with special needs. HTF encourages universal design standards and having accessibility beyond the legal minimum. Performance and Property Standards Projects receiving HTF funding shall meet performance standards established as part ofthe loan approval. In addition, projects shall comply with all local zoning and building codes, and insurance regulations. The standards listed here are not all-inclusive. Specific requirements will be negotiated, discussed and listed in a contract agreement between the loan/project applicant and HTF. Evaluation Criteria HTF's evaluation criteria for loan approval may include the following: cost-effectiveness, affordability (depth and term), developer qualifications, construction quality, readiness to proceed, smart-growth policies, energy efficiency, accessibility, and strength of local support. These criteria are not all-inclusive and are just an example of what the HTF Housing Commission may recommend. The Board of Directors makes the uhimate decision for loan/project approval. . SLOCHTF Program Guidelines (draft 8/3/04) Page 3 of3 Additional Information For additional information, contact: Gerald L. Rioux, Executive Director San Luis Obispo County Housing Trust Fund 4111 Broad Street, Suite A-6 San Luis Obispo, CA 93401 phone: (805) 543-5970 fax: (805) 543-5972 e-mail: ierry@slochtf.org website: www.slochtf.org -~.._, ~ _...._..__~~___..m .______ ---------.----- --- ii.b. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~ SUBJECT: CONSIDERATION OF WATER SUPPLY ALTERNATIVES STUDY RECOMMENDATIONS DATE: AUGUST 24, 2004 RECOMMENDATION: It is recommended the City Council direct staff to: A. pursue an agreement to utilize unused groundwater from other agencies participating in the Groundwater Management Agreement; B. prepare for City Council consideration a change to a tiered water rate structure; C. proceed with selection of a design consultant for Well No. 10 located on Deer Trail Circle; D. pursue an agreement with Plains Exploration and Production Company for Reclaimed Price Canyon Oil Field Water; E. develop a request for proposal to select a consultant to perform a groundwater study in cooperation with the parties to the Groundwater Management Agreement; F. develop a request for proposal with other interested agencies to select a consultant to prepare a Supplemental Environmental Impact Report for the Nacimiento Water Project; and G. pursue further discussions with Santa Barbara County agencies regarding potential purchase of State Water. FUNDING: The cost of the Nacimiento Water Project Supplemental Environmental Impact Report is projected to be approximately $100,000. If the City were able to share the costs with at least one other agency and potentially with the Price Canyon Oil Field project, the cost to the City could be reduced to approximately $40,000 - $50,000. The cost to the City for a groundwater study is estimated to be a maximum of $25,000. Therefore, the initial cost of the recommendations to the City is estimated to be approximately $65,000 - $75,000, which would be paid for from the Water Fund. DISCUSSION: During the development of the City's Urban Water Master Plan and 2001 General Plan, water resources was identified as a significant issue. A number of potential methods to address this issue have been identified. The purpose of this report is to provide a preliminary analysis of each alternative, prioritize alternatives, and seek City Council direction to proceed with further study of those options determined to be most desirable, feasible and cost effective. ------,---- CITY COUNCIL WATER SUPPLY ALTERNATIVES STUDY RECOMMENDATIONS AUGUST 24, 2004 PAGE 2 Existing plans to balance future water usage and supply have not incorporated what staff believes to be an adequate contingency and are based upon significant reductions in per capita usage from water conservation efforts. Furthermore, water use is difficult to accurately project because it fluctuates substantially based primarily on weather patterns. Therefore, while it is recommended to proceed and expand the City's water conservation efforts, staff also recommends methods to increase water supply be pursued in order to increase long-term reliability of the City's water service to its residents. Staff believes responsible planning warrants incorporating additional flexibility within the projections. In addition, the more the City can diversify its water supply, the more security can also be provided against interruptions and shortages. The objective of the assessment was to identify short, intermediate and long-term supply alternatives that meet the City's needs for water quantity, quality and reliability. A preliminary analysis of water supply alternatives was performed to consider the reliability, barriers to implementation, costs and advantages. of a variety of potential new water sources. The potential options were then screened and prioritized. Based upon this preliminary analysis, 17 water supply alternatives were selected for further evaluation. The selection criteria that was used to determine the range of viable sources of water included: the reliability and yield of the sources, duration of supply, anticipated costs, as well as environmental and regulatory issues associated with these sQurces. Depending upon the time period measured, water usage over the past year has reached 95% of the City's supply and above. The Municipal Code contains a number of restrictions on residential water usage that can be activated at this level. However, such measures are intended to be temporary during significant and severe drought events. While activation may become necessary if the City continues to experience below normal rainfall conditions, staff is recommending other strategies at this time to address water supply issues in both the short and long term. To address the immediate term, it is recommended City Council authorize staff to proceed with four strategies. First, it is recommended that staff be directed to pursue an agreement with other agencies participating in the Groundwater Management Agreement enabling cities in need of water to utilize unused groundwater from other agencies on a temporary basis when necessary. Since there currently is sufficient excess water in the groundwater table, this would address potential short-term needs without requiring the City to opt out of the Groundwater Management Agreement. Based on preliminary discussions, staff believes an agreement can be reached. Second, it is also recommended the City expand its water conservation efforts. The water retrofit program was implemented in April 2004. Thus far, 300 homes have been retrofit. In addition to this program, staff is recommending the City Council consider implementing a tiered water rate structure in order to encourage water conservation. The Cities of Atascadero, Morro Bay, Paso Robles, Pismo Beach, and San Luis Obispo, as well as Nipomo and Oceano Community Service Districts have a tiered water rate structure and have shown that this is an effective method of conservation. The tiered structure was first -. CITY COUNCIL WATER SUPPLY ALTERNATIVES STUDY RECOMMENDATIONS AUGUST 24, 2004 PAGE 3 recommended to the City Cou ncil as part of the recommendations of the Sewer and Watef Rate Study presented to the City Council in May, 2003. The City Council determined not to implement the tiefed water fate structure at the time. However, given the increased need to reduce per capita consumption, it is recommended the City Council reconsider the proposed change. Third, the City Council has authorized staff to request bids for design of Well No. 10 located on Deer Trail. It is proposed the City proceed with this project. The project can produce between 160 and 240 additional AFY within a projected two-year period. Fourth, it is proposed the City also continue to pursue reclaimed Price Canyon Oil Field Water, which could provide additional water on a short-term basis at little cost to the City. It may also provide infrastructure that could be used for the connection to the Nacimiento project, if that project is pursued. These are short-term solutions. The City must also have a reliable long-term plan. At this time, it is recommended the City Council direct staff to further pursue long-term supply options. It is not recommended any commitment be made at this time. Instead, the proposed objective is to maintain the City's flexibility with regard to long-term solutions and ensure the City has reliable and feasible long-term options available. First, it is recommended the City initiate a new groundwater study to determine if there are opportunities to increase the City's allocation. This would be the most cost effective alternative. While this is listed in the report as a short-term solution, the objective of this option is to meet the City's long-term needs. Second, it is recommended the City contract for a Supplemental Environmental Impact Report for participation in the Nacimiento Water Project. This project presents a high level of reliability, but potentially at a high cost. Therefore, the financial feasibility of the project will depend on whether partnerships can be formed to share costs and whether a portion of infrastructure costs can be assumed by the reclaimed Price Canyon Oil Field Water project. The recommendation is contingent at this time on the City being able to secure at least one other agency to share in the cost of the Supplemental EIR. This will not commit the City in any way to the project, but does maintain the City's ability to participate in the initial stage of the project. It will also further assess the feasibility and costs involved in order to make a more informed decision whether to ultimately participate in the project. Third, it is recommended staff further discuss with Santa Barbara County agencies the potential for purchasing State Water. This option currently presents a number of unknowns with fegard to feasibility, but could present an opportunity for cost effective water supply. While this option was also listed as short-term with regard to potential implementation, the purpose would be to meet long-term needs. At the joint meeting with the Planning Commission being scheduled for next month, the relationship of land use and water usage will also be discussed. Staff will present CITY COUNCIL WATER SUPPLY ALTERNATIVES STUDY RECOMMENDATIONS AUGUST 24, 2004 PAGE 4 information regarding water usage related to different types of land use. Concepts will be discussed regarding how per capita usage can be reduced by encouraging land uses and densities with lower water demand. ALTERNATIVES: The following alternatives are provided for the Council's consideration: -Approve staff's recommendations; -Do not approve staff's recommendations; -Modify as appropriate and approve staff's recommendations; or -Provide direction to staff. Attachment: 1. Draft Water Supply Alternatives Study ~---~._--._--~ ---------.-- ATTACHMENT 1 City of Arroyo Grande Water Supply Alternatives Study ,<~i~yCITY OF f> --J.-~1 ,h.t<, r . August 24, 2004 CITY OF ARROYO GRANDE PUBLIC WORKS DEPARTMENT . ------,--- The City of Arroyo Grande Water Supply Alternatives Study was prepared under the direction of the following registered engineer. Prepared by: Thomas K. Zehnder RME #29572 Professional Consulting Engineer Prepared By WALLACE GROUP, a Callfomla Corporation San Luis Obispo, CA 8/1912004 -_.~~---- Water Supply Alternatives Study Page 3 City of Arroyo Grande Water Supply Alternatives Study Table of Contents I. General Study Background 4 Introduction 4 Water Supply 5 Water Demand 6 Selection Criteria for Viable Supply Alternatives 6 II. Evaluation of Viable Alternatives - Short Term Implementation (2004-2009) 7 1. Allow Cemetery to Drill Private Well for Irrigation Water 7 2. Additional Wells in Pismo Groundwater Formation 7 3. Purchase State Water - Santa Barbara County 8 4. Purchase State Water from the County 9 5. Additional Groundwater Entitlement 9 6. Purchase Private Well Water 10 7. Lease State Water 11 8. Reclaimed Price Canyon Oil Field Water 11 9. Water Conservation 12 III. Intermediate Term Implementation (2010-2014) 14 1. Additional Stormwater Basins 14 2. Increased Lopez Entitlement 15 3. Nacimiento Project 16 IV. Long Term Implementation (2015-2020) 18 1. Desalination 18 2. Recycled SSLOCSD Water (Secondary-23) 18 3. Recycled SSLOCSD Water (Tertiary) 18 V. Review of Alternatives Considered but not Further Evaluated 20 1. Nacimiento/State Water Exchange 20 2. Conoco-Phillips Refinery Well Water 20 VI. Summary with Recommendations 21 Short Term 21 Intermediate Term 21 Long Term 22 VII. References 23 8/19/2004 ----~-_.--_._-- --------- Water Supply Altematives Study Page 4 I. General Study Background Introduction The City has identified the need to obtain additional water availability to meet the projected needs of the City. The objective of this assessment of Water Supply Alternatives is to identify one or more short, intermediate and long term supply alternatives that meet the City's objectives for water quantity, quality and reliability. Short-term alternatives are ones that may be implemented immediately or within a five-year period with a minimum of complexity and cost. Intermediate term alternatives are ones that may be implemented within the next ten years and have a higher level of complexity and cost. Long-term alternatives are ones that may be implemented within the next ten to fifteen years and have a high level of complexity and cost. Background During the development of the City's Urban Water Master Plan and 2001 General Plan, water resources was identified as a significant issue. A number of potential methods to address this issue have been identified. The purpose of this report is to provide a preliminary analysis of each alternative, prioritize alternatives, and seek City Council direction to proceed with further study of those options determined to be most desirable, feasible and cost effective. The Integrated Program EIR for the 2001 General Plan considered water resource deficiency a significant impact without apparent mitigation. According to the EIR, this was due to the fact that groundwater quantity can be substantially impacted by development in the County fringe areas and because supplemental sources such as Lake Nacimiento or State Coastal Aqueduct Project water resources were unresolved. As a result, it required a Statement of Overriding Considerations per CEQA. The document stated that until more accurate estimates of safe annual yield of groundwater and formal allocation of resources are accomplished; the potential exists for over-drafting the estimated basin capacity. It also stated that the City may be approaching the safe annual yield and City entitlements of existing water resources if the City does not achieve reduced per capita consumption. The 1990 General Plan only assumed 80% of maximum build-out and therefore estimated that existing water resources could serve the potential development based on that assumption. The 2001 General Plan EIR instead identified use of storm water retention and possible re-use of treated wastewater for park and/or agriculture irrigation as possible mitigation measures. The 2001 General Plan proposed to reduce per capita consumption to a maximum of 160 gallons per person per day through more efficient water utilization and conservation measures. Lastly, "it also assumed upgrade of the City's water storage and distribution system and indicated that the City would reflect changes to regional water resources available to the City by periodic amendment to the City's Water Master Plan. Water use is difficult to accurately project because it fluctuates substantially based primarily on weather patterns. As a result, staff recommends that in addition to water conservation, methods to increase water supply be considered in order to increase long-term reliability of the City's water service to its residents. The more the City can diversify its water supply, the more security can be provided against interruptions and shortages. 8/19/2004 ----_._~-- Water Supply Alternatives Study Page 5 Water Supply The City obtains' its water supply from groundwater and the Lopez Reservoir. A total of six wells (Well No's 1, 3, 4, 5, 7 & 8), extract water from the Arroyo Grande Plain/Tri-Cities Mesa (ACP- TCM) Sub-basin of the Santa Maria Groundwater Basin. As part of the Basin Management Agreement entered into by the City of Arroyo Grande, Grover Beach, Pismo Beach and Oceano CSD (formerly known as the Gentlemen's Agreement), the City is limited to groundwater extractions of 1,202 AFY plus additional groundwater through the conversion of agricultural land. In addition, Well No.9 extracts water from a separate basin source, the Pismo Formation. The City also receives a yearly allocation of 2,290 AFY of water from the Lopez Reservoir administered by the County of San Luis Obispo Flood Control District. The City's total available current supply is 3,688 AFY with the following breakdown: . Groundwater - ACP- TCM Sub-basin with agricultural land conversion - 1,298 AFY . Groundwater - Pismo formation, Well #9 - 100 AFY . Lopez reservoir - 2,290 AFY During the 2003 calendar year the actual water use by the City was 3,517 AF as follows: . Groundwater - ACP-TCM Sub-basin - 1,248 AF . . Groundwater - Pismo formation Well #9 - Minimal operation . Lopez reservoir - 2,269 AF (2,290 AF use based upon the County of San Luis Obispo Water year) The current remaining buffer of 171 AF is available based upon 2003 usage: . Groundwater - Pismo formation Well #9 - 100 AFY (pumping started 3/04) . Groundwater - ACP-TCM Sub-basin with agricultural land conversion - 50 AFY . Lopez reservoir - 21 AFY Water Demand The City's current per capita use is 184 gallons per day. The water demand for the City is primarily for residential use, which accounts for approximately 80% of total water consumption. The 1999 City of Arroyo Grande Water System Master Plan indicated a historic water demand range of 151-197 gallons per capita per day (gpcd). The study estimated that for a future population of 18,500, the Average Daily Demand (ADD) would be 3,590 AFY based upon a per capita water use of 173 gpcd for planning purposes. The Year 2000 Urban Water Management Plan projected for a population of 20,000 in 2020 an ADD of 3,780 AFY. This was based upon a per capita water use of 175 gpcd for planning purposes. The General Plan assumes a per capita consumption of 160 gallons per day which is optimistic and is based upon assumed conservation efforts. For planning purposes, if a rate of consumption of 175 gpcd was utilized as in the past in conjunction with a projected City population of 20,000 at General Plan buildout, it was estimated that approximately 3,920 AFY of water resources would be required. Therefore, based upon conservation efforts reducing demand to 175 gpcd, and with a current supply of 3,688 AFY, it is proposed that the City should target the acquisition of an additional 232 AFY of water to supply the build out population. 8/19/2004 ---.- Water Supply Altematives Study Page 6 The additional supply needed would increase to 624 AFY if a 10% contingency were added to the per capita use to account for higher housing densities, fluctuations due to weather conditions and the time of year and year-to-year fluctuations, and other conditions that may impact usage, in order to increase future reliability and security. Therefore it is recommended the City target as a goal, 230-625 additional AFY of water supply/availability. Selection Criteria for Viable Supply Alternatives As a result of the need for additional water sources, a preliminary analysis of water supply alternatives was performed to consider the reliability, barriers to implementation, costs, and advantages of a variety of potential new water sources. The potential options were then screened and prioritized. aased upon this preliminary analysis, 17 alternatives were selected for further evaluation. The selection criteria that were used to determine the range of viable sources of water, included: the reliability and yield of the sources, anticipated costs, as well as environmental and regulatory issues associated with these sources. 8/19/2004 ------ ..-.----.---- ------- Water Supply Alternatives Study Page 7 II. Evaluation of Viable Alternatives - Short Term Implementation (2004-2009) A total of nine short-term alternatives were evaluated that could be implemented immediately or within a five-year period with a minimum of complexity and cost. 1. Allow Cemetery to Drill Private" Well for Irrigation Water Backqround The Arroyo Grande Cemetery District uses potable water for large-scale irrigation. If the City allowed the District to drill a private well, the City could gain approximately 38 AFY of supply at no cost to the City. At build out of the Cemetery, water use could rise to 48 AF. There would however be a revenue loss to the City. Infrastructure The necessary infrastructure would include a new well, interconnect piping and electrical equipment to be installed by the Cemetery District. Costs The intent is that all the costs associated with this alternative would be borne by the District. The net cost to the District, which would include the amortized well cost, operating and maintenance costs, would have to be less than the current and future District water rates to make it financially attractive and therefore viable. Additional Considerations The schedule to implement this option would be less than a year. There are no anticipated permitting issues other than the County of San Luis Obispo Health Department associated with this option. The use of well water for this use would require District and City Council approval. The water quality and reliability would be adequate for its intended use, as it would come from the same groundwater basin that the City currently uses. 2. Additional Wells in Pismo Groundwater Formation Backqround The City currently extracts approximately 100 AFY of groundwater from Well No, 9 in the Pismo Formation. The City is currently exploring the possibility of drilling a well at the Deer Trail site (Well #10), which would draw from the Pismo formation. The well production is anticipated at between 160 and 240 AFY. The basin is considered to be low yield and with a lower water quality when compared to other groundwater. In adoition, the potential also exists to use an existing active well that draws from the Pismo formation to serve Rancho Grande Park with a current water demand of approximately 30 AFY. The well is owned by Castlerock Development and is used to supply construction water. The City may have the ability to obtain the well and install a pipeline to serve the Park or drill a separate well at the park for irrigation purposes. Infrastructure The necessary infrastructure for the Deer Trail well would include a new well, treatment plant, interconnect piping and electrical equipment, all of which is currently planned by the City with an 8/19/2004 _____n__ ------- Water Supply Alternatives Study Page 8 estimated cost of $425,000. The Rancho Grande Park option would require the City to obtain the well and the construction of the pipeline or drill a separate well. Additional Considerations The schedule to implement these options would be approximately two years. There are no anticipated permitting issues other than the County of San Luis Obispo Health Department associated with either option. The water quality and reliability would be adequate for its intended use. 3. Purchase State Water - Santa Barbara County Backaround State Water is an appropriate water source in terms of quality and reliability. However because of the State Water Project pipeline capacity constraints, the City is limited in the amount of water it could obtain from a State Water contractor north of Arroyo Grande. If the City were to purchase water from a contractor south of the City, the pipeline is already sized to accommodate the flow. Reliabilitv State Water Project deliveries are subject to the availability of water through precipitation. The Department of Water Resources (DWR) delivery estimates are based upon runoff projections, actual reservoir storage, contractor requests and system operating constraints. At times deliveries can be as little as 30% of the entitlement. There exists however the ability to purchase "drought insurance water" at an additional cost from the County of San Luis Obispo and DWR by over subscribing the allotment up to 100% of the contract amount as long as the delivery capacity is still available. State water is treated and could be fed directly into the existing Lopez pipeline downstream of the Lopez Water Treatment Plant (WTP). State water is offline one month per year. As a result demand will need to be balanced out with additional groundwater or Lopez water. Reauired Infrastructure Initial discussions with the County have indicated that there is adequate capacity in the Lopez pipeline for additional flow, however this must be confirmed with an engineering study. In addition, the potential exists through off peak pumping to deliver the additional water through the pipeline. This capacity issue would apply to all options that would require the use of the pipeline, specifically additional State Water, Nacimiento Water and "additional entitlements of Lopez Water. Costs Entering into a permanent entitlement agreement with an agency south of the City would likely require taking over all or a portion of the fixed and variable components including sunk costs of State Water which would be greater for an agreement with a southern agency because of the extended length of pipeline (i.e., the City would likely have to pay for a portion of the costs associated with the pipeline that extends south of Arroyo Grande). Some State Water Contractors have expressed possible interest in selling excess state water. State water may be available in San Luis Obispo County from the previous Pismo Ranch development (140 AFY) however, the City of Pismo Beach has first right of refusal to purchase this water and the likelihood of an "outside" purchase is low. The possibility exists to purchase 8/19/2004 "~..<-".," ,~..._~_..-._--- Water Supply Alternatives Study Page 9 approximately 400 AFY of state water from a contractor in Santa Barbara County. The cost would be approximately $1400/AF plus buy in costs. Additional costs would include the addition of new reservoir capacity and/or potential costs to confirm the capacity of the Lopez pipeline. As the State Water Project and CCW A bonds are paid off in 2035 and 2020 respectively, the water delivery cost could change. However, due to project development water rights defined in the Water Code allocations shouldn't change. Reauired Aareements The transfer of water from the State Water Project is a complex and time consuming process due to the fact that approvals are required from a variety of agencies, including the entitlement holder, State Water Project contract holder, DWR and Central Coast Water Authority (CCWA). Agencies participating in the State Water project in Santa Barbara County may be willing to relinquish a portion of their capacity in the pipeline, which the City might obtain. Entitlements in San Luis Obispo County may also be available. Additional discussions with both Counties would have to be initiated to determine the extent of water that may be available. Additional Considerations The schedule to implement this option would be several years. There are no anticipated permitting issues associated with this option other than those associated with pipeline improvements if required and CEQA processing for the project. Any agreement in which the City enters into purchasing State Water would require voter approval per City of Arroyo Grande Measure A. 4. Purchase State Water from the County There is an additional 20,170 acre-ft available frqm the County of San Luis Obispo, however, there is no additional capacity to convey it. Currently, there is 100 AFY available from Shandon, all of which is spoken for with 85 AFY for Santa Margarita (CSA 8), and 15 AFY for a development in the Avila area through CSA 12. In discussions with the County of San Luis Obispo, there is no excess State Water available above that which is allocated to the County of San Luis Obispo given the pipeline capacity constraint. However, there was a report completed by Brookman-Edmonston in 1994 that indicated there might be an additional 2,830 AFY of capacity in the pipeline. Discussions with the County of San Luis Obispo have indicated that the only method at this time to increase the amount of water available would require a detailed engineering evaluation to determine that the system is hydraulically capable of delivering more water. The County has begun discussions with CCW A to obtain a larger quantity of water for San Luis Obispo County, which could result in a potential additional water supply for the City. 5, Additional Groundwater Entitlement Backaround In accordance with the Basin Management Agreement entered into by the City of Arroyo Grande, Grover Beach, Pismo Beach and Oceano CSD (formerly known as the Gentlemen's Agreement), the City is limited to groundwater extractions of 1,298 AFY. The participating agencies have agreed to comply with the agreement as a method of. establishing equality of basin use and to potentially aid in resolution of the current litigation over the groundwater basin. The City could legally extract an additional 2,290 AFY from the. basin but doing so would require 8/19/2004 Water Supply Alternatives Study Page 10 opting out of the existing Agreement. This is based upon the fact that the City is utilizing its Lopez entitlement rather than using its total groundwater entitlement. Reauired Aareements/Leaal Issues The initial decision of the judge in the Santa Maria Basin groundwater litigation is that the basin is not in an over draft condition, thereby allowing the additional pumping of groundwater. There is ongoing groundwater monitoring of the basin. The potential exists that in the future should an overdraft condition develop, the court may impose water management limitations restricting the amount of groundwater pumping. In order to pump additional groundwater in the ACP-TCM Sub-basin, the agencies could agree to alter the Management Agreement. The first step would be to perform a hydrogeologic study of the sub-basin to determine if excess groundwater exists. If the study determines that the safe yield is greater than previously determined, extractions contained in the Management Agreement could potentially be modified to the new safe yield. The language in the agreement states that in the event of an increase in the safe yield, the Urban Parties (City of AG and other Cities) would be entitled to 43% of the increase in extraction. Of the first 378 AFY available to the Urban Parties, the City would have a first right of refusal of 358 AFY. Costs The associated costs of this option include basin studies and negotiating and updating existing agreements, as well as the costs associated with pumping the additional water. It is estimated that due to the availability of existing data from previous studies the potential cost of the study would be on the order of $25,000 and require four months to complete. There is reserve pumping capacity on the existing wells. In addition, there is the potential that either larger pumps or new wells could be needed to deliver the additional flow. Additional Considerations If the additional entitlements were available, this alternative would be the most cost effective, reliable and easily implemented long term supply solution since most of the infrastructure already exists to extract the water. 6. Purchase Private Well Water BackQround Safe yield in the Basin Management Agreement is 5,300 AFY for applied irrigation use. In most cases, agricultural groundwater extractions are not metered. Because the City cannot currently increase its groundwater extractions, purchasing private well water would provide a means of obtaining additional groundwater without opting out of the Basin Management Agreement. This alternative would require the drilling of new private wells to meet Health Department requirements, as well as the construction of treatment and pipeline infrastructure. Costs The costs associated with this option are dependant upon the location of the new wells that would be drilled and their respective distance to the City's water system. Additional Considerations Given that this basin is the City's current source, water quality and reliability would be consistent with current use. The schedule to implement this option would be less than two years and would be dependant upon the location of source wells in terms of cost and timetable to construct. The main anticipated environmental permitting issues associated with this option would be possible 8/19/2004 -- ~-~- ,--.--....- Water Supply Alternatives Study Page 11 pipeline routes across environmentally sensitive areas. The required agreements and legal issues would be associated with developing supply agreements with the landowners. 7. Lease State Water Backaround Current State Water contracts allow for direct agreements between agencies for short-term (3-5 years) sales of surplus water. Although not a permanent solution, leasing is an option, sometimes described as a multi-year sale. It has problems on a large scale with some State Contractors, but on the Central Coast, the County of San Luis Obispo feels that with a willing buyer and a willing seller it could work. It is generally unacceptable for land use planning purposes and may violate State law for providing water for new development depending on the specifics. As a temporary source of water, it could be utilized until the long-term source is secured. Additional Considerations The costs, and required infrastructure would be similar to a long-term contract for state water with the drawback that this source would only be available as an interim source. The schedule to implement this option would be less than two years. There are no anticipated permitting issues associated with this option. Any agreement in which the City leases state water might require voter approval per City of Arroyo Grande Measure A. 8. Reclaimed Price Canyon Oil Field Water Backaround The process of oil production at Price Canyon Oil Field involves the treatment of a significant amount of water that is produced with the crude oil. This water, known as produced water, must be treated and disposed of back into the oil-producing reservoir. Invariably this water is produced again with subsequent oil production. By dewatering the oil reservoir, less water must be treated and disposed of, which results in a cost savings. The oil field operator Plains Exploration and Production Company (Plains) is evaluating options to treat the produced water for disposal into Pismo Creek as well as other options including the sale of water to area vineyards and local agencies. The County of San Luis Obispo is currently in discussions with Plains and is preparing a feasibility study for utilizing this reclaimed water to offset Lopez deliveries by discharging the water into Arroyo Grande Creek. Water Qualitv/Reliabilitv This source. can only be considered a short-term supply due the fact that the source of water is tied into the commercial production of oil and therefore tied to the price of oil, oil production levels and the viability of the oil field and its operator. It is estimated that there is at least a 10- year supply available with anticipated flows of 730 AFY. The water would be available by January 2006, although the required pipeline infrastructure may not be in place. This water would be "exchanged" to offset Lopez water presently released for downstream habitat and fisheries. It is anticipated that the water will be treated to agricultural standards and not to potable levels. The primary reason for this is the legal liability associated with the human consumption of the water. The water would most likely be suitable for discharge into Arroyo Grande Creek to offset groundwater recharge and steel head enhancement flows from Lopez. One issue that may arise with the use of oil field reclaimed water is that by diluting the Lopez reservoir and Arroyo Grande Creek water with reclaimed water, the water quality and 8/19/2004 ~..__.~.__...- Water Supply Alternatives Study Page 12 associated fingerprinting that steel head use to find Arroyo Grande Creek for spawning purposes may be compromised. From April to December, the recommended discharge rate from Lopez as shown in the recent Habitat Conservation Plan (HCP) draft is equivalent to reservoir inflows, which could be as low as 180 acre-ft per month. With a potential flow of 60 acre-ft per month of reclaimed water into the creek, the water quality characteristics may be affected. It is unknown at this time if this is a major issue that could result in a reduction in the amount of reclaimed water that could be released and as a result exchanged with Lopez water. Reauired Infrastructure The necessary infrastructure would include the construction of a treatment plant at Plains, a pump station, and a cross-country pipeline. The potential pipeline route would run along Price Canyon Road to Highway 227, along Corbett Canyon Road to Tiffany Ranch Road and then to Orcutt Road. The alignment would then be along Orcutt Road adjacent to the State Water Project to a discharge point into the Arroyo Grande Creek at the base of Lopez Dam. The additional exchanged water from Lopez would need to be treated at the Lopez WTP and conveyed in the Lopez pipeline. The treatment capacity of the Lopez WTP is currently 6.0 MGD and after the upgrade could potentially handle 6.7 MGD. The City's proportional capacity increase would be approximately 0.35 MGD or 400 AFY. The capacity of the Lopez pipeline would also need to be investigated and possibly increased consistent with the use of State Water discussed previously. Cost The County of San Luis Obispo is completing a cost analysis for routing a pipeline from Plains to Arroyo Grande Creek. This cost would include treatment to a non-potable level, and the necessary pipeline and treatment infrastructure. Plains would pay all costs associated with the project and charge for the water delivered on an acre-foot basis. The preliminary cost of water according to the County of San Luis Obispo would be $500/AF for 730 AFY delivered at Lopez. Any. additional water above the 730 AF would be available at a reduced cost. There may be an additional cost of $350/AF to cover costs associated with treating and transporting the exchanged Lopez water. Environmental Permitting/CEQA An EIR would be required for the pipeline alignment, however, locating the new pipeline along the existing State Water pipeline route along Orcutt Road could minimize the extent of the EIR. There would be additional permitting associated with water quality and how the water quality would affect the HCP for Arroyo Grande Creek. The County of San Luis Obispo would permit the pipeline while Plains would complete all other permitting. Reauired Aareements/Leaallssues It would appear that the County of San Luis Obispo through Flood Control Zone 3 would be the lead agency on the project. Required agreements would involve various landowners along the right of way, Plains, County of San Luis Obispo Departments (Health, Zone 3, Planning), Fish and Game and other agencies. The County of San Luis Obispo would own the pipeline after 7,300 AF has been delivered. 9, Water Conservation The City has started implementation of the recently adopted Water Conservation Program. Overall, the water savings is anticipated to be 10% of usage. The first phase includes the 8/19/2004 -- ------., Water Supply Altematives Study Page 13 plumbing retrofit program. The actual water savings realized from this phase will not be determinable for approximately one year from initiation of retrofits. It is anticipated that this phase of the program could save 100 AFY. Phase 2 would involve irrigation retrofits, which would further increase water savings. The downside of water conservation is the decrease in revenue to the City. It may be advantageous to accelerate the implementation of an irrigation retrofit program at the Cemetery and Rancho Grande Park to reduce usage. With a combined usage of 65 AFY, a 10- 15% reduction could result in up to 10 AFY savings. The City could implement the water conservation measures that are outlined in section 13.05.010 of the City Municipal Code. These measures have not been implemented to date because the City is pursuing other water supply alternatives and they are intended to be temporary measures. Additional options include adopting the modified water rate structure that the City previously considered but did not implem~nt and/or approaching other local cities to purchase a short term ground water allotment. Several cities are not using their entire groundwater allotment and might be interested in selling the unused portion on a short term basis. 8/19/2004 ---- Water Supply Alternatives Study Page 14 III. Intermediate Term Implementation (2010-2014) A total of three intermediate-term alternatives were evaluated that may be implemented within the next ten years and have a higher level of complexity and cost. 1. Additional Stormwater Basins Backaround The City currently utilizes stormwater basins at the Soto Sport Complex for irrigation purposes. The potential exists to construct or modify other existing stormwater basins to serve as storage sources for storm water that could be used for irrigation purposes. The resulting reduction in potable water use for irrigation would increase the amount available for domestic use. The identified users would be Rancho Grande Park, the Arroyo Grande Cemetery District and potentially the Caltrans ROW. The combined use of these three users is approximately 75 AFY. The feasibility of using an existing storm water basin to provide irrigation water is contingent on sufficient storage capacity, its location and ideally its ability to gravity flow water to the user. It would appear that there are three existing basins that could be considered candidates to provide irrigation water to the Arroyo Grande Cemetery District and Caltrans; Grand Ave/Courtland St., Poplar Street and Five Cities Center. The Poplar Street basin is an infiltration basin with an original capacity of 15 AF that has been increased and is located approximately }-2 of a mile southwest of the Cemetery. Grand Ave/Courtland St., is an infiltration basin with a capacity of 5.7 AF and is located approximately % of a mile west of the Cemetery. The Five Cities Center basin is a private retarding basin with a capacity of 6.4 AF and is located approximately }-2 of a mile northwest of the Cemetery. With the exception of the Central Coast Center basin, all basins are located hydraulically downhill of the Cemetery and would require pumping. Given the location of Rancho Grande Park, it would appear that there are no existing basins that could be effectively used to provide irrigation water. As part of previous development in this area, detention basins have been constructed. If the basins were converted to storage basins, additional detention capacity would be required to be constructed. The cost of these improvements would be borne by the City. The larger issue with the use of infiltration basins is that for the proposed use, they would have to function in a dual role. During periods of wet weather they would store and infiltrate water as quickly as possible to provide capacity for future flows. Unfortunately, during these periods there is little to no need for irrigation. Conversely, as the rainy season is ending, the basins would convert to reservoirs, ideally be full and not infiltrate stormwater. Currently, the Poplar Street basin has an infiltration rate approaching 6"/day. This results in a very short storage solution that is only available for several weeks after a major rain event, a period that does not require significant irrigation. Both infiltration basins are needed to infiltrate storm water and could not be converted into storage basins. The use of the Five Cities Center basin as a retarding basin must be maintained. Therefore, new basins must be created elsewhere, or capacity increased to offset its conversion to a storage basin. In either case, there is a significant cost associated with its use. Since Zone A requires additional stormwater storage capacity, one option would be to construct a new basin near the Cemetery that would provide needed drainage capacity as well as provide a source of irrigation water for the Cemetery. 8/19/2004 -~---._-~,_.- -~-~ Water Supply Alternatives Study Page 15 Costs For this option to be competitive; the combined capital and operating costs must be less than other options. Improvements to existing basins would include the cleaning and lining of the basin and the construction of distribution infrastructure, pipeline, pumps etc. as well as basin maintenance. Given the limited volume, use and value of beneficial use of the storm water, the capital costs of the new construction of a basin that was not associated with a new development may be prohibitive. Additional Considerations From a permitting standpoint, in the event that there exists protected wildlife, as is the case with the Five Cities Center, it would significantly complicate the use of the basin. 2, Increased Lopez Entitlement Backaround Current contracts for Lopez Water state that any surplus water will be allocated between each of the participating agencies based upon their proportionate share of participation in the project, currently 50.55% for the City. Although current studies are being conducted that may indicate that the safe yield of the reservoir has increased, at this time the amount of surplus water that can be purchased is limited until the Habitat Conservation Plan (HCP) for the Arroyo Grande Creek is completed. Water Qualitv/Reliabilitv Historically, the City has purchased surplus water from the Flood Control District. However this water supply has not been available for several years due to the seismic remediation project and is not considered a reliable supply. If the resource agencies adopt the HCP as proposed, then the Flood Control District would be able to continue to meet the full contractual deliveries, including the promised habitat releases, and historic agricultural releases. Adoption of the HCP is anticipated in approximately 3-5 years. Once the HCP is adopted, the participating agencies could request a review of the safe yield and increased amount be converted to a firm entitlement. This would result in a potential entitlement of 650 AFY for the City. Required Infrastructure The additional water would need to be treated at the Lopez WTP and conveyed in the Lopez pipeline as discussed in detail previously in the Reclaimed Oil Field Water Alternative. Required Aareements This option would require County of San Luis Obispo approval as well as adoption of the HCP. Costs The current cost of surplus water from Lopez is approximately $350/AF. Further additional costs associated with this option include improvements to the Lopez WTP and capacity improvements consistent with those facilities required by the use of Reclaimed Oil Field Water discussed previously. 8/19/2004 ~----------_..- ~_.,..__.._-_._--"~-- Water Supply Alternatives Study Page 16 3. Nacimiento Project Backaround The Nacimiento project will provide 15,750 AFY of raw water to the County of San Luis Obispo. At this time 9,630 AFY has been allocated to the communities of Paso Robles, Atascadero, Templeton and San Luis Obispo with 6,120 AFY remaining unallocated. The project is currently terminating at the City of San Luis Obispo Water Treatment Plant with a small diameter branch extending through the City of San Luis Obispo to serve the airport area. There has been no design consideration or EIR for an extended reach to serve communities in the South County via the Lopez Reservoir. In order to reach the Lopez Reservoir, additional design development and a Supplemental Environmental Impact Report (SEIR) would be required. In addition to the City of Arroyo Grande, other agencies have expressed an interest in considering a potential extension of the Nacimiento project to serve the South County. There are two options for the City to receive Nacimiento water. One option would be for the City of San Luis Obispo to treat the water. The treated water would then be pumped via pipeline to a connection point with the Lopez pipeline directly downstream of the Lopez WTP. The other option would be to increase the size of the raw water branch line that will extend to the airport area of San Luis Obispo, construct a pipeline to the Lopez WTP and then treat the water in the Lopez WTP. Project costs will be less if the City participates in the project during its inception. The City has already contacted the County to indicate the City is interested in reviewing the project and considering potential participation. Water Qualitv/Supplv Reliabilitv Nacimiento water is anticipated to be between Whale Rock and Santa Margarita water in quality. It will require local treatment in as much as no centralized treatment plant is proposed. The supply is considered long term with the required amount available. In terms of operational reliability, it is anticipated that there will be scheduled shutdowns of up to a month every 2-3 years. As a result there must be a backup supply during this period. Due to preexisting water agreements, the County of San Luis Obispo considers the Nacimiento water supply reliability to be very high. Infrastructure One scenario would utilize existing City of San Luis Obispo infrastructure along Johnson Avenue to the intersection of Johnson and Orcutt Road. A new pipeline would then be constructed along Orcutt Road to a connection point with the Lopez pipeline downstream of the Lopez WTP. One constraint is the capacity of the existing City of San Luis Obispo water infrastructure, as the water would be wheeled through the City. Initial discussions with the City have indicated that the recently upgraded Johnson Avenue waterline may be of sufficient capacity to deliver the required quantity. The other scenario involves increasing the size of the raw water branch line that is proposed as part of the Nacimiento project to begin near the' City of San Luis Obispo WTP and extend to the airport area. A new pipeline, which has not been defined in the Nacimiento EIR, would extend along Highway 227 from the intersection of Los Ranchos Road and Highway 227 to Biddle Ranch Road. It would continue along Biddle Ranch Road and then south on Orcutt Road to a connection point with the terminal reservoir at the Lopez WTP. 8/19/2004 - --~-----~---_.._...- -- Water Supply Alternatives Study Page 17 Depending upon the longevity of the Plains reclaimed water supply and the construction timing of the Nacimiento extension to the South County, one option could be to utilize the Plains line should it be constructed as part of the Nacimiento extension. This would only be viable if Plains were to stop shipping water to Lopez. In that scenario, the Nacimiento extension pipeline would only need to be constructed along 227 from the Los Ranchos Road intersection to the Price Canyon Road intersection, a much shorter distance. An additional benefit of this approach would be that the necessary Supplemental EIR could reference the Plains EIR with potential cost and time savings. The capacity of the Lopez pipeline would also need to be increased consistent with the use of State Water discussed previously. In fact the demand on the pipeline may even increase beyond State Water requirements as a result of other Flood Control District customers utilizing Nacimiento Water. Schedule According to County Staff, Nacimiento water would be available to the City by 2011. Costs The anticipated raw water cost is $1,800/AF with an additional cost for treatment and conveyance. The total water cost would be between $1,800 and $3,300/AF. In the event other parties participated in the project, the overall project cost could be shared. The potential parties include other Zone 3 customers, Edna Ranch, Tiffany Ranch, Varian Ranch, several wineries, the Biddle Ranch development as well as the vineyards in the Edna Valley depending if the water was raw or treated. Additional Considerations The treated water scenario would require a wheeling agreement with the City of San Luis Obispo. 8/19/2004 -----_.-. Water Supply Alternatives Study Page 18 IV. Long Term Implementation (2015-2020) A total of three long-term alternatives were evaluated that may be implemented within the next ten to fifteen years and have a high level of complexity and cost. 1. Desalination Backaround Several local agencies have constructed or are considering desalination facilities including Morro Bay (built in 1992) and Cambria (proposed) at costs of $5.4 million and approximately $10.3 million, respectively. Both facilities provide (or are planned for) approximately 500 AFY. The Kennedy/Jenks 2003 report of the Evaluation of Water Supply Alternatives for Cambria estimated the cost of desalination at $600 to $1,000 AFY due to its proximity to the ocean. Proiect Considerations One possibility may be a joint venture between South County agencies to share the capital costs of a regional facility. Grover Beach and other agencies have expressed a potential interest in participating in such a project. An advantage of such a joint venture would be access to a coastal location not within the City's boundaries. The Kennedy/Jenks 2001 report of the Evaluation of Water Supply Alternatives for Nipomo estimated the cost of desalination at $3,000 to $4,000 AFY to provide Nipomo with water, in addition to significant environmental issues associated with a new ocean outfall. 2, Recycled SSLOCSD Water (Secondary-23) Backaround The use of recycled water is dependent upon its quality and its ability to offset potable water use by providing non-potable water to users that do not demand potable water quality. Secondary- 23 recycled water from SSLOCSD could be used for restricted landscape irrigation. No additional plant improvements would be required other than the construction of pumping facilities and a transmission pipeline. Proiect Considerations As identified in the Water Recycling Status Report (JLWA 2001), the SSLOCSD has available approximately 2,250 AFY of recycled water. However the Secondary-23 market is very small, specifically for Cemetery and freeway landscaping at a combined use of 45 AFY. The estimated cost of this option in 2000 dollars would be $1.4 million including pipeline infrastructure with a recycled water cost per AF of $3,800. While evaluating the needs of surrounding communities could increase this market, the costs of treatment and transmission most likely make this option cost prohibitive. 3, Recycled SSLOCSD Water (Tertiary) Backaround As identified in the Water Recycling Status Report (JLWA 2001), a significant upgrade to the SSLOCSD plant would be required in order to allow for unrestricted use of treated wastewater. There are two levels of upgrade; the first level would be to upgrade effluent quality to tertiary standards with the second level of treatment involving demineralization. 8/19/2004 ._-_._-~_._.- Water Supply Alternatives Study Page 19 Proiect Considerations With the upgrade to tertiary standards, recycled water would be available to the SSLOCSD area including Nipomo Golf Courses with an estimated use of 595 FY that would offset potable use. The cost of the first level of treatment in 2000 dollars would be $16.3 million, including transmission costs and result in a recycled water cost of $3,1 OO/AF. Upgrading to tertiary standards and the use of demineralization would result in recycled water being available for a wider variety of uses. Those uses include SSLOCSD area landscape irrigation, TCM groundwater recharge, TCM agricultural irrigation and perhaps Arroyo Grande Creek stream augmentation. Depending upon use, the costs in 2000 dollars for the plant upgrade as well as transmission costs would range from $25.6 million to $29.1 million with a cost of $4,900 to $5,200/AF at an available flow of 950 AFY. 8/19/2004 - ...."~--~_... ._------ Water Supply Alternatives Study Page 20 V. Review of Alternatives Considered but not Further Evaluated The following two options were considered but eliminated by the City and JLWA as either infeasible or already in progress. 1. Nacimiento/State Water Exchange This alternative would require the City to enter into a contract with the County of San Luis Obispo to purchase water from the proposed Nacimiento Water Project. Since the proposed project will only deliver Nacimiento water as far south as the City of San Luis Obispo, the City of Arroyo Grande would need to establish alternate means of conveying the water to the City system. This alternative would achieve the delivery of additional water via an agreement with a current State Water Contractor that is not intending to bea Nacimiento Water Contractor, but has the ability to receive Nacimiento Water under the proposed Nacimiento Water Project plan. Arroyo Grande would actually receive the State Water and the other agency would receive the Nacimiento Water utilizing existing infrastructure. 2. Conoco-Phillips Refinery Well Water Discussions with representatives of the Conoco-Phillips refinery on the Nipomo Mesa have concluded that it would not be a viable source of water. With the new development that is occurring on the Mesa directly adjacent to their facility, they have concerns regarding the future availability of well water. Their existing wells are experiencing increased draw down and they need to redrill two wells that have lost production. As a result they are not in a position at this time to either sell water or allow additional wells to be drilled on their site for export. VI. Summary The recommended sources of additional supply were broken down in terms of short term, intermediate term and long term. Short Term Of the nine short term alternatives, it appears that an increase in ACP- TCM basin groundwater production, the use of additional wells in the Pismo groundwater formation, the purchase of surplus State Water from Santa Barbara County Contractors and/or the County of San Luis Obispo and Water Conservation Measures are the best short term options in terms of availability, timetable to initial use (less than two years) and cost. The City could pump additional groundwater should a hydrological study of the basin indicate that there is excess groundwater available. This would require approval of the other agencies in the Basin Management Plan. The costs of this approach would be minimal and include only the costs of the study and the additional energy to pump the water from the existing wells. The use of additional wells in the Pismo formation would result in up to an additional 270 AF of water a year. The 270 AF would be a combination of the new Deer Trail well (240 AF) that would provide additional supply to the City and the existing Castle rock well (30 AF) that would be used to irrigate Rancho Grande Park. This would meet the short-term needs of the City. The costs associated with this option include drilling of the Deer Trail well and the installation of 8il9i2004 -- -~--_._---~- Water Supply Altematives Study Page 21 piping to interconnect the well to the City water system. The Castlerock well will require a pipeline from the well to Rancho Grande Park. Purchasing State Water from contractors in Santa Barbara County could result in an additional supply of 400 AFY. Santa Barbara County contractors have expressed an interest in selling State Water. The existing infrastructure, specifically the State Water turnout and Lopez pipeline could be utilized to deliver this water. The cost of this water would be approximately $1 ,400/AF plus buy in costs. Purchasing State Water from the County of San Luis Obispo would be viable given that the necessary infrastructure is in place and the water costs would be less than from Santa Barbara County contractors. This option hinges upon the County of San Luis Obispo being able to obtain a greater quantity of State Water through the analysis of the hydraulic capacity of the existing system. The City implementation of the Water Conservation Program is anticipated to decrease water usage by 10% of usage. The first phase includes the plumbing retrofit program and could be expanded to include changes in the water rate structure to increase water conservation. Phase 2 would involve irrigation retrofits, which would further increase water savings. Intermediate Term Of the three intermediate term alternatives, it appears that the potential increase of the Lopez Entitlement and the use of Nacimiento water are the best intermediate options in terms of availability, timetable to initial use and cost. Given that Lopez supplies a significant amount of the City's water and the infrastructure is in place, it would be the ideal source for additional water. If the resource agencies adopt the Habitat Conservation Plan (HCP) for the Arroyo Grande Creek as proposed in the next 3-5 years then it appears that the Flood Control District would be able to make surplus water deliveries resulting in an increase in the City's entitlement. The additional water would need to be treated at the Lopez WTP and conveyed in the Lopez pipeline. The current cost of surplus water from Lopez is approximately $350/AF. The additional costs associated with this option include improvements to the Lopez WTP and capacity improvements in the Lopez pipeline if required. The Nacimiento project could be a viable alternative for a source of water by 2011. The County is moving ahead with the project to deliver water to the northern portion of San Luis Obispo County. There is currently a window of opportunity to extend the pipeline to the South County. Given the existing scope of the project, coupled with the Plains project and/or a new pipeline from San Luis Obispo to Lopez, Nacimiento water becomes a viable option for an additional water supply. The estimated costs would range from $1,800 to $3,300 AFY. Lonq Term Of the three long-term alternatives, it appears that the use of desalination is the best long-term option in terms of availability, timetable to initial use and cost. 8/19/2004 --~--------~ ~---~-_._..... --~ Water Supply Alternatives Study Page 22 The most probable desalination option would be the construction of a regional desalination facility that would be utilized by several local agencies. Siting ideally would be near the ocean to employ an ocean outfall with interconnecting piping required to tie into the existing infrastructure. The estimated cost of desalination is $3,000 to $4,000 AFY in addition to the cost of significant environmental issues associated with a new ocean outfall. 8/19/2004 ^__. __..___._M......"______~-- -- Water Supply Alternatives Study Page 23 VII, References A variety of references were utilized in the preparation of this report. They include the following: Final Report - Evaluation of Water Supply Alternatives, Nipomo Community Services District, October 2001, Kennedy/Jenks Consultants Final Report - Evaluation of Long Term Water Supply Alternatives, Cambria Community Services District, April 2003, Kennedy/Jenks Consultants Progress Report - SSLOCSD Water Recycling, JLWA, February 2001 Lopez Water Distribution System Capacity Evaluation, Bookman-Edmonston, May 1999 Drainage Master Plan - City of Arroyo Grande, JLWA, November 1999 Water System Master Plan - City of Arroyo Grande, JLWA, July 1999 EIR - Nacimiento Water Project, MRS, December 2003 Final Draft - Arroyo Grande Creek HCP, Stetson Engineers, February 2004 Groundwater Management Agreement, June 2002 Southern District Report - Water Resources of the Arroyo Grande - Nipomo Mesa Area, DWR, 2002 Year 2000 Urban Water Management Plan, City of Arroyo Grande, May 2001 8/1912004 --",--..,-.- -----.----.-- -- 11.c. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER rJ!f SUBJECT: CONSIDERATION OF A FORMAL POSITION ON HALCYON/HIGHWAY 1 REALIGNMENT PROJECT BY THE COUNTY DATE: AUGUST 24, 2004 RECOMMENDATION: It is recommended the City Council: A. review the information regarding the road realignment project at the intersection of Halcyon Road and Highway 1 by the County; and, B. provide direction to staff if the Council desires to take a position concerning this project. FUNDING: There is no fiscal impact at this time. DISCUSSION: At the July 27, 2004 meeting, Council Member Dickens requested and the City Council concurred with placing on a future agenda, information regarding the road realignment project at the intersection of Halcyon Road and Highway 1 being designed by the County of San Luis Obispo and consideration of taking a formal position. Staff contacted the San Luis Obispo County Public Works Department and was informed that the major milestones for the project include the completion of the Environmental Impact Raport (EIR) by the end of 2004, right-of-way acquisition by the end of 2005 and construction in Fiscal Year 2006/07. The County provided staff information regarding agricultural impacts, including: . an April 2003 Agricultural Report prepared by the Morro Group regarding specific impacts to the adjacent agriculture land including a map showing the impacted area; and, . an October 2003 Evaluation and Recommendation of Alternative 1 from the Agricultural Commissioner of the County of San Luis Obispo Department of Agricultural/Measurement Standards. The purpose of the realignment project is to replace the two existing offset "T intersections with a single, four-leg intersection. The realignment includes a new Arroyo Grande Creek crossing and construction of a new bridge on Halcyon Road. --- CITY COUNCIL CONSIDERATION OF INFORMATION REGARDING CONSTRUCTION OF ROAD REALIGNMENT AT HALCYON ROAD AND HIGHWAY 1 AUGUST 24, 2004 PAGE 2 There are two alternative designs being considered by the County for the realignment and bridge: Alternative 1 This alternative overlays and widens Halcyon Road south of the Halcyon Road/Highway 1 intersection. At the intersection, Halcyon Road would be realigned to the west to create a single, four-leg intersection. The realignment would include the construction of a new bridge on Halcyon Road south of Highway 1 over Arroyo Grande Creek. The portions of existing Halcyon Road no longer carrying traffic would be removed and the right-of-way conveyed to the adjacent landowners. This alternative would impact approximately 5.0 acres of prime farmland currently in vegetable crop production, resulting in a total potential loss of approximately $22,675. If the County were to acquire a portion of the property west of the new Halcyon Road alignment, including the decommissioned portion of Halcyon Road, it could restore the area to viable farmland, thereby resulting in a partial credit of impacted farmland and reducing the acreage removed by the project. Alternative 2 This alternative overlays and widens Halcyon Road south of the Halcyon Road/Highway 1 intersection. At the intersection, Halcyon Road would be realigned to the west to create a single, four-leg intersection. The realignment would include a new Arroyo Grande Creek crossing and the construction of a new bridge on Halcyon Road north of Highway 1. The footprint of the intersection would overlap the existing Arroyo Grande Creek and would require a portion of the creek be realigned to the west. The portions of existing Halcyon Road no longer carrying traffic would be removed and the right-of-way conveyed to the adjacent landowners. This alternative would impact approximately 1.5 acres of prime farmland currently in vegetable crop production, resulting in a total potential loss of approximately $6,800. Conclusion of the Morro Group Agricultural Report Each alternative would result in an impact to farmland, with Alternative 1 resulting in a greater impact than Alternative 2. However, Alternative 2 would have a greater impact to all natural resources combined. Alternative 1 requires the construction of a single bridge on Halcyon Road over Arroyo Grande Creek, whereas Alternative 2 requires the replacement of the existing Highway 1 bridge, construction of a new bridge on Halcyon Road, and realignment of Arroyo Grande Creek. Mitigation may be required to offset farmland impacts upon project completion with the level of mitigation being determined by the County of San Luis Obispo, Caltrans, and the Federal Highway Administration (FHWA). ~ -,",,----- CITY COUNCIL CONSIDERATION OF INFORMATION REGARDING CONSTRUCTION OF ROAD REALIGNMENT AT HALCYON ROAD AND HIGHWAY 1 AUGUST 24, 2004 PAGE 3 Evaluation and Recommendation of Alternative 1 from the Agricultural Commissioner The loss of prime soils represents a potential significant environmental impact under the provisions of the California Environmental Quality Act (CEQA). However, according to the Agricultural Commissioner, due to the many constraints affecting the project's design and feasibility (e.g., utilities, county roads, a state highway and a creek/flood control channel), other relocation alternatives may include even greater loss of farmland, significant impacts to the creek, or be economically infeasible. Potential significant impacts to agriculture due to the loss of prime soils may be reduced to less than significant level with a mitigation plan that reduces the actual acreage of prime soils ultimately lost as identified in the Agricultural Commissioner's letter and as determined by the County, Caltrans and the Federal Highway Administration. Attachments: 1. Agriculture Report 2. Agricultural Commissioner's Letter - dated 10/30/03 jep:M:\232-Arroyo Grande\232-0405 - General Consulting\19 - Administration\Council Report - Halcyon.Hwy 1 Update.doc . , , 1 1 J ] 1 HalcyonlHighway 1 Realignment Project j San Luis Obispo County, California ~ AGRICULTURE REPORT J i , . 1 j T 1 Prepared for: ! ! ! . Dokken Engineering ! 11171 Sun Center Drive, Suite 250 i Rancho Cordova, California 95670-6113 . I Prepared by: I. MORRO ~~?!!k~~es J April!1, 2003 Revised January 27, 2004 1422 Monterey Street, Suite C200 . San Luis Obispo, CA 93401 . (805) 543-7095 · FAX 543-2367 -------- -- ~ Halcyon Road/Highway 101 Realignment Pmject Agriculture Report I. INTRODUCTION Morro Group, Inc. has prepared this agriculture report at the request of Dokken Engineering, and it is intended for use by the County of San Luis Obispo (County), regulatory agencies, and other potential project consultants. This report includes summary of the Fannland Conversion Rating Fonn findings completed for the project. A. PROJECT DESCRIPTION The project site currently consists of two "T" intersections located on the west and east sides of Arroyo Grande Creek. The west "T" intersection directs traffic from Highway 1 along Halcyon Road to Grande Avenue. The east "T' intersection directs traffic from Highway 1 to the Nipomo Mesa. A bridge across Arroyo Grande Creek separates the two "T" intersections on Highway 1. Adverse traffic conditions often occur at this location due to the offset intersections and increased traffic flow. The purpose of the realignment project is to replace the two, existing offset "T" intersections with a single, four-way intersection. The realignment includes a new Arroyo Grande Creek crossing and requires the construction of a new bridge on Halcyon Road. - - There are two alternative designs being considered by the County for the alignment and bridge. These alternatives are described in the following paragraphs. 1. Alternative 1 This alternative overlays and widens Halcyon Road for standard 2.4-meter shoulders from 1200- meters south to 400-meters south of the Halcyon/SR -1 (N) intersection. From 400-meters south to SOO-meters north of the HalcyonlSR-1 (N) intersection, Halcyon Road will be realigned by introducing two pairs of reversing, horizontal curves north and south ofSR-1. The purpose of the realignment is to repl,ace the two, existing offset "T" intersections with a single, four-leg intersection, 40-meters west of the western-most Halcyon/SR-1 (N) intersection. Additional widening on Halcyon Road at the intersection will accommodate NB and SB dedicated left turn lanes. The realignment introduces a new Arroyo Grande Creek crossing and requires the construction of a new bridge on Halcyon Road south of SR-1. The bridge will be a 34-meter, 3- span, reinforced-concrete slab structure and will accommodate three 3.6-meter traffic lanes and two 2.4-meter shoulders. Improvements on SR-l will include overlay and widening for 300-meters west of the improved Halcyon Road intersection. The widening will accommodate two 2.4-meter shoulders, two 3.6- meter through-lanes, and a dedicated, 3.6-meter right-turn lane and a dedicated, 3.6-meter left- turn lane both in the EB direction. East of the improved Halcyon Road intersection, the width of SR-l will taper to match the width of the existing Arroyo Grande Creek Bridge (No. 49C-0019). The portions of existing Halcyon Road no longer needed to carry traffic, will be removed and excess right-of-way will be conveyed to the adjacent landowners. Morro Group, Inc. 1 -- ---------- ---~- __,.__m._,c.o,__ Halcyon Road/Highway 101 Realignment Project Agriculture Report I 2. Alternative 2 ( This alternative overlays and widens Halcyon Road for standard 2.4-meter shoulders from 1200- meters south to 270-meters south of the Halcyon/SR-l (N) intersection. From 270-meters south I , to 270-meters north of the Halcyon/SR-l (N) intersection, Halcyon Road will be realigned and widened to accommodate NB and SB dedicated left and right turn lanes. The purpose of the realignment is to replace the two, existing offset "T" intersections with a single, four-leg I intersection 40-meters west of the eastern-most Halcyon/SR-l (N) intersection. The realignment introduces a new Arroyo Grande Creek crossing and requires the construction of a new bridge on Halcyon Road north of SR-L The bridge will be a 124-meter, 4-span, cast-in-place, prestressed, .f reinforced-concrete box-girder structure and will accommodate four 3.6-meter traffic lanes and two 2.4-meter shoulders. Improvements on SR-l will include overlay and widening from 300-meters east to 300-meters I west of the improved Halcyon Road intersection. The widening will accommodate two 2.4-meter I shoulders, two 3.6-meter through-lanes, two dedicated, 3.6-meter right-turn. lanes and two dedicated, 3.6-meter left-turn. lanes. The footprint of the intersection overlaps the existing Arroyo Grande Creek. This requires that I 200m of the creek be realigned 12m to the west. The existing Arroyo Grande Creek Bridge (No. 49C-OOI9) will be removed and replaced with a new bridge carrying four 3.6-meter traffic-lanes I and two 2.4-meter shoulders. The portions of existing Halcyon Road no longer needed to carry traffic, will be removed and I excess right-of-way will be conveyed to the adjacent landowners. I I I I .~ I I I I Morro Group, Inc. 2 I -- _______~c_ _..n_.. ___c__~____ ~_._-- I . , I Halcyon Road/Highway 101 Realignment Project Agriculture Report I i t ! I ! ! I I I I I I I I ! '<: '<: I '<: ~ ::! c55 I I ~ I VICINITY MAP NORTH Not to Scale FIGURE 1 I Morro Group, Inc. 3 ~._~-,_._- ----,-- Halcyon Road/Highway 101 Realignment Project Agriculture Report I I I I I I I I I CD I / ....... :) I ".......~elts <u g. \, - '. \25 ~ ~ ::! \.:) <u b'o I! " s:: · t.- ",- ~ . '- {j ~, "~:.o.:~::~,._ ~ ;"/ ::! t:ro -'{/ t5 ~ .. ... , ~---~ .h-=~~___~-- - -_. / Q; .."",\:-'" - ~ .~:.- ~~~.~~ ::! ; ~ , 1 ~ LOCATION MAP NORTH Not to Scale FIGURE 2 Morro Group, 1nc. 4 ~..._----~ ~-~._- . t 'I r Halcyon Road/Highway 101 Realignment Project Agriculture Report , , J J J ] ] ] , J ] 1:: ci: - '" 1;; . '" i a J I 0 :: :::t a ~ I;) ! ,~ J CiJ .~ :::t , "-1 :: c55 . '& ~ c . ~ - '- . ~ ~ . :::t ~ , SOIL KEY I ffi 170 Marimel Silty Clay Loam 176 Mocha Variant Fine Sandy Loam NORTH SOIL SURVEY MAP ! Not to Scale F1GURE 3 Morro Group, Inc. 5 ! ....----- _.~--_.- j Halcyon Road/Highway 101 Realignment Project Agriculture Report ~ Ii ., B. LOCAL AGRICULTURAL USES . According to the most recent Census data (1997) compiled by the Natural ReS'OUfces \ Conservation Service, San Luis Obispo County contains 1,916 fanns comprising 1,301,889 .-, acres. The average size fann is 679 acres. Although the number of fanns increased by 36 since .. \ the previous Census (1992), the actual acreage in fanning production was reduced from , '.., 1,324,403 acres, a loss of22,514 acres of producing fannland. .. I ; 1, Dispersion of Value Crops ; .., The County of San Luis Obispo Department of Agriculture 2001 Annual Report documented that .. i the County's agricultural production is distributed into several crops. Figure 4 summarizes the .., distribution of the top twenty value crops for the County in 2001. ..J Figure 4 ~ San Luis Obispo County Top Twenty Value Crops ..,j ~ I [ I ( ~ I I ~ t ~ Source: County of San Luis Obispo Department of Agriculture 2001 Annual Report r ~ [ Morro Group, Inc. 6 - ! .., I i J Halcyon Road/Highway 101 Realignment Project Agriculture Report j II. REGULATORY SETTING J A. FEDERAL POLICIES AND REGULATIONS f Fannland impacts are based upon the provisions of the Fannland Protection Policy Act that J requires completion of a Fannland Conversion Rating Fonn (Appendix A). Coordination with the Natural Resource Conservation Service (NRCS) is required to detennine the significance of fannland impacts. J B, LOCAL POLICIES AND REGULATIONS J The County's agricultural resources are protected by the County Agricultural Resources Department. Several programs are in place to assess the condition of the agricultural community J in the County. These programs include: . Annual County crop report that maps agricultural lands using a geographic infonnation system (GIS); . Land Use Planning to reduce conflicts between fanners and neighbors, provide ] technical agricultural infonnation to boards, councils and committees, and protect agricultural lands for the future; J . Emergency Preparedness to protect the public by monitoring harvestable crops during a Diablo Canyon Power Plant emergency and assists agriculture during periods of natural disaster, and; J . Resource Protection to assist agricultural compliance in water quality and air pollution programs, monitor organic waste disposal programs that affect agriculture, and help agriculture with soil health issues. J . III. THRESHOLDS OF SIGNIFICANCE J The decision on project alternatives shall consider the impact of fannland conversion along with other environmental considerations and project needs. The final decision on alternative analyses d and mitigation shall be coordinated by the County, Caltrans and the Federal Highway Administration (FHW A). J IV. PROJECT-SPECIFIC IMPACTS ] 1. Alternative 1 Alternative 1 would impact approximately 5.0 acres of prime fannland, currently in vegetable J crop production. The estimated average value of vegetable crops in San Luis Obispo County is approximately $4,535 per acre, based on 2001 harvested acreage and yield totals (SLO County, 2002). Alternative 1 would result in a total potential loss of approximately $22,675. Implementation of Alternative 1 would potentially result in the decommission of the existing - portion of Halcyon Road that will be replaced by the proposed alignment. The County may acquire a portion of the property west of the new Halcyon Road alignment through eminent -- domain, including the decommissioned portion of Halcyon Road, and restore the area into viable ... Morro Group, Inc. 7 .~ -----~--,-- --_.~----_. -'-'---""-- I i . "" . Halcyon Road/Highway 101 Realignment Project Agriculture Report I "'" farmland. This would result in a partial credit of impacted farmland, reducing the acreage [ removed by the project. 2, Alternative 2 , [ Alternative 2 would impact approximately 1.5 acres of prime farmland, currently in vegetable [ crop production. Alternative 2 would result in a total potential loss of approximately $6,800. V. CONCLUSION [ Based on completion of the Farmland Conversion Impact Rating and evaluation of the project [ and its alternatives, implementation of either alternative would result in an impact to farmland; however, Alternative I would result in a greater impact to farmland than Alternative 2. .. Even though Alternative 2 would have a smaller impact to farmland, it would have a greater t impact to all natural resources combined. Alternative 1 requires the construction of single bridge along Halcyon Road over Arroyo Grande Creek, whereas Alternative 2 requires the replacement [ of the existing Highway I bridge, construction of a new bridge along Halcyon Road, and realignment of Arroyo Grande Creek. Mitigation may be required to offset farmland impacts upon project construction. The level of [ mitigation shall be detennined by the County, Caltrans, and FHW A. [ ~ . ~ r [ . [ r I . . . , Morro Group, Inc. 8 , - -~-_. ~~-_..- ----- .~- -- .. U.S. PEPARTMENT OF AGRICULTURE Form AD-1006 FARMLAND CONVERSION IMPACT RATING PART 1 (To be completed by Federal Agency) 1. Date of Land Evaluation Request 2. February 21, 2003 Sheet 1 of 1 3. Name of Project 4. Federal Agency Involved Halcyon Road/Highway 1 Realignment FHWA 5. Proposed Land Use 6. County and State 7. Type of Project: Highway San Luis Obispo, California Corridor . Other 0 PART II (To be ~ompleted by NRCS) 1. Date Request Received-byNRCS 2. Person Completing the NRCS parts of this form 3. Does the .site or CQn'i!lor conl;lin prirIJEI. unique .statewid. . : eo.ooca. Jimportant farmland? Yes 0 No 0 4. Acres Irrigated 15: Average Farm Size (If no. the FPPA does not apply - Do not complete addilionalpartsof this form) .... . . 6. MajorCrop(s) 7. Farmable Landin GovemmentJurisdiclion 8. Amount of Farmland As Defined in FPPA Acres; .. % Acres: % 9. NameofUmd Evaluation $y$mUsed 1Q.NameofL6caISite Assessment System 11..DateLandEVBluation.Retumed by NRCS , . ..... PART III (To be completed by Federal Agency) Altematlve Site Rating Alternative 1 Alternative 2 Site C Site D A. Total Acres To Be Converted Directly 5.0 1.5 B. Total Acres To Be Converted Indirectly, Or To Receive Services -- C. Total Acres in Site -20 -20 PARTIV(TobeC6mPlfit8d"Yt-/~~)LaIJdE1tfII/,latlO(llnfonlliltlOlJ .. .... ......Y<.> ..... .... '.i.i.. .....i. A.Tot;ilI~f'ri~~OdUnlquefam1laf'\d ......> . i..'... >< .........<.< .... B.TojaIA~~t;I~9E1an(:lJ':~l1rnp0rt8ntF,armlaf'\cj ...i.... .... .... < .<> ......i....< C.P~t;I~of~rfulJ;1ndil'1cq4f'\WOl'L0c:8IG9vlunlttol;lElG6I1~!1ed . .>>>< . ..... < ......... .......y>y [).>percerlti1g8ofifarmrali<lio~Vtj~urlsd~'~.~arne()r'.HigI1erR~lati~Valuer<'>><./ ... i..... ....... p'.AJtt'f'l}('i:()~~om~~y~~g$!~"!!~y#:/~#:~~t~/",,.> . .'. .. / . ... i'Yi;.' .....i ,..../ . .... ..... Retatl~>Va/ueof,!=annl"ntl.fi;)".~IcfIt!.Pr~~rSCah"'ofO'100 Points) . ... . .....;......... PART VI (To be completed by Federal Agency) CorrIdor or SIte Max. Points Assessment Crlte1ia (These criteria are explaIned In 7 CFR 658.5(b & c)) Corridor Other 1. Area in Nonurban Use 15 15 12 12 2. Perimeter in Nonurban Use 10 10 10 10 3. Percent of Site Being Farmed 20 20 20 20 4. Protection Provided by State and Local Govemment 20 20 20 20 5. Distance from Urban Built-up area 0 15 5 5 6. Distance to Urban Support Services 0 15 10 10 7. Size of Present Farm Unit Compared to Average 10 . 10 10 10 8. Creation of Non-Farmable Farmland 25 10 0 0 9. Availability of Farm Support Services 5 5 5 5 10. On-Fann Investments 20 20 20 20 11. Effects of Conversion on Farm Support Services 25 10 0 0 12. Compatibility with Existing Agricultural Use 10 10 6 6 TOTAL CORRIDOR OR SITE ASSESSMENT POINTS 160 118 118 PART VII (To be completed by Federal Agency) Relative Value of Farmland (from Part V above) 100 100 100 Total Corridor or Site Assessment (From Part VI above or a local site 160 118 118 assessment) TOTAL POINTS (Total of above 2/1nes) 260 218 218 PART VIII (To be completed by Federal Agency after t1nal alternative;s chosen) 1. Corridor or Site Selected: 2. Date of Selection: 3. Was A Local Site Assessment Used? Yes O' No 0 4. Reason For Selection: Signature of person completing the Federal Agency parts of this form: DATE Wisconsin substitute form AD-1006 6-9-97 Completion instructions: http://www.wi.nrcs.usda.gov/soil/primelprinotes.html ~- .... UJ a: ;:J CJ u: .. '" :g~ zc 5.g -'~ ~'g 6~ ::>-0 OC ~~ ~h. .5 UJ CJ Z <{ J: \i1 uJ ~ .... ~ ~ C> I Z 0 {:) ;;i. :J: U 151 o .~ ~e>\ og ::;:;\..?~ , ~ f. go .. o ~ ~ o ~, : ~ ' ~ E ~ ~ .. " <;I '" . I '& <; . ~ ~ .. . COUNTY OF SAN LUIS OBISPO Department of AgricuIture/Measurement Standards 2156 SIERRA WAY, SUITE A · SAN LUIS OBISPO, CALIFORNIA 93401-4556 ROBERT F. LILLEY (805) 781-5910 AGRICULTURAL COMMISSIONER/SEALER FAX (805) 781-1035 AgCornrnS LO@co.slo.ca.us Date: October 30, 2003 From: f'J--,-.,.. ',,,, Vl" 3;l '-' I Subject: Ha1cyonlHighway One Realignment Project; P 12A20 1 The following evaluation and recommendations are related to "Alternative 1" of the above mentioned project. The c~mments contained in this report are based on co~nty and departmental policy to protect agricultural resources and mitigate negative impacts to agriculture from new development. Proiect Description The project would realign the Halcyon/Highway One interchange by eliminating the existing offset intersection by constructing a new single, intersection west of the Arroyo Grande Channel. Agricultural Impacts Project activities are anticipated to remove approximately 5.5 acres of prime farmland from vegetable production. An additional 15 acres of agricultural land would be temporarily impacted by construction activities. The loss of 5.5 acres of prime soils represents a potential significant environmental impact under the provisions of the California Environmental Quality Act (CEQA). Other potential agricultural impacts, such as incompatibilities and increasing pressure to convC:li surrounding agricultural properties, are considered less than significant. This is due to the project consisting only of a physical relocation of an existing use and no new uses are proposed. This project includes many factors such as utilities, county roads, a state highway, and a creek/flood control channel. These factors create many constraints as to project design and feasibility. Given the multiple constraints involved with identifying a road alignment with other roads and creek configurations, some area of prime soils will be impacted. Other relocation alternatives may include even greater loss of farmland, significant impacts to the creek, or be economically infeasible. Proiect Mitigation Potential significant environmental impacts to agriculture due to the loss of 5.5 acres of prime soils may be reduced to less than significant with a mitigation plan which reduces the actual Page 2 Shawna Scott acreage of prime soils ultimately lost. Following are recommended mitigations to accomplish this goal: 1. Remove prime soils from the area needed to construct the new Halcyon Road realignment and save to be relocated on site. This is noted as the "Ag. Take Area" on the attached map. 2. Remove the old Halcyon Road/Base and replace with the prime soils taken from the new road alignment. This is noted as the "Ag. Rehabilitation Area" on the attached map. 3. The impacted agricultural area on the southeast comer of the intersection, noted as the combination of"Ag Impact Area" and "Ag Rehabilitation Area"on the attached map, could be made available to fann as a portion of the two existing adjacent fields to the east. This could, in affect~ restore a total of 3.9 acres of prime soils. From an agricultural resources standpoint this land could be placed back into full production as an extension of 1 the existing fields. 4. The "island of agriculture" created on the northwest comer of the intersection could also be restored but could not be absorbed as an extension of an existing field due to the site constraints (creek on one side and newly aligned Halcyon Road on the other). This area totals 2.11 acres of prime soils. The soils would not be technically "lost" but functionally . the piece of land would be,too small to fann as ~ production agriculture unit for vegetables. It is possible that this 2.11 acre block of prime soils could be suitable for a soil dependent nursery production area or other similar agricultural use. The portions of the area designated as a temporary impact during construction would still be available for fanning after the construction is completed. This would represent less than a significant environmental impact to agricultural resources. Please contact me at 781-5924 if you have any further questions. CC Steve McMasters, County Planning ~hn Farhar, Public Works S :\LILLEY\correspondence\2 003 \Hal cyan_Letter. wpd -....... ------ -- ---,-