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Agenda Packet 2000-10-24 , - " CITY COUNCIL (1& ff AGENDA ~d~ Michael A. Lady Mayor Tony M. Ferrara Mayor Pro Tem Steven Adams City Manager Thomas A. Runels Council Member Timothy J. Carmel City Attorney Steve Tolley Council Member Kelly Wetmore Director, Administrative Services Jim Dickens Council Member NOTICE OF CITY COUNCIL SPECIAL MEETING Tuesday OCTOBER 24. 2000 6:30 P.M. Arroyo Grande City Council Chambers 215 East Branch Street, Arroyo Grande AGENDA 1. ROLL CALL 2. PUBLIC COMMENT on Special Meeting Agenda Items. Members of the public wishing to address the Council on any item described in this Notice may do so when recognized by the Presiding Officer. 3. CITY COUNCIL CLOSED SESSION: (a) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litiqation pursuant to Government Code Section 54956.9(c) involvinq one (1) potential case. 4. RECONVENE TO OPEN SESSION: Announcement of reportable action from closed session, if .any. 5. ADJOURNMENT. CITY COUNCIL B&t{/ AGENDA ~/7~ Michael A. Lady Mayor Tony M. Ferrara Mayor Pro Tem Steven Adams City Manager Thomas A. Runels Council Member Timothy J. Carmel City Attomey Steve Tolley Council Member Kelly Wetmore Director, Administrative Services Jim Dickens Council Member AGENDA SUMMARY CITY COUNCIL MEETING TUESDAY, OCTOBER 24,2000 7:00 P.M. Arroyo Grande City Council Chambers 215 East Branch Street, Arroyo Grande 1. CALL TO ORDER: 7:00 P.M. 2. ROLL CALL 3. FLAG SALUTE: BOY SCOUT TROOP 234 JEFF ST ASELL, LEADER 4. INVOCATION: RABBI NORMAN MENDEL, CONGREGATION BETH DAVID, SAN LUIS OBISPO 5. SPECIAL PRESENTATION: 5.a. Proclamation - Red Ribbon Celebration Week 5.b. Proclamation - Erosion Control Month 6. AGENDA REVIEW: 6a. Move that all resolutions and ordinances presented tonight be read in title only and all further readings be waived. AGENDA SUMMARY - OCTOBER 24, 2000 PAGE 2 7. PUBLIC HEARINGS: 7.a. Amended Conditional Use Permit Case No. 00-004 to Place a 960 Sauare Foot Modular Building on the New Hope Church Property. Located at 900 Oak Park Blvd.. for the Roval Oaks Christian School (McCANTS) Recommended Action: Adopt Resolution approving amended Conditional Use Permit Case No. 00-004. 7.b. Application for Certificate of Public 'Convenience and Necessity - De Groot Enterprises. dba Five Cities Taxi Service (WETMORElTerBORCH) Recommended Action: 1) Conduct the required public hearing; 2) Determine whether the public convenience and necessity require an additional taxicab service within the City limits of Arroyo Grande; and 3) Adopt a Resolution granting a Certificate of Public Convenience and Necessity contingent upon compliance with conditions and requirements of the Arroyo Grande Municipal Code. 7.c. Proposed Ordinance Amendina Portions of Title 9 of the Arroyo Grande Municipal Code regardina Second Residential Dwellina Units (McCANTS) Recommended Action: 1) Introduce Ordinance amending portions of Title 9 of the Municipal Code regarding Second Residential Dwelling Units. 8. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS: Persons in the audience may discuss business not scheduled on this agenda regarding any item of interest within the jurisdiction of the Council. The Council will listen to all communication but, in compliance with the Brown Act, will not take any action on items that are not on the agenda. Upon completing your comments: . You may be directed to staff for assistance; . A Council/Board Member may indicate an interest in discussing your issue with you subsequent to the Council meeting; . The Council may direct staff to research the issue and subsequently report back to the Council (generally in the form of a memorandum or staff report); or . No action is required or taken. 9. CITY COUNCIL CONSENT AGENDA: The following routine items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Any Council/Board 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. AGENDA SUMMARY - OCTOBER 24, 2000 PAGE 3 9. CONSENT AGENDA (continued): 9.a. Cash Disbursement Ratification (SNODGRASS) Recommended Action: Approve the listing of cash disbursements to vendors for the period October 1, 2000 through October 15, 2000. 9.b. Cash Flow Analysis/Approval of Interfund Advance from the Water Facility Fund (SNODGRASS) Recommended Action: Receive and file August cash report and approve the interfund advance from the Water Facility Fund to cover cash deficits in other funds as of August 30, 2000. 9.c. Minutes of Reaular City Council Meeting/Special Plannlna Commission Meetina of October 10. 2000 (WETMORE) Recommended Action: Approve minutes as submitted. 9.d. 2000 San Luis Obispo County Plays It Safe (SLOCOPS) Grant (TerBORCH) Recommended Action: Adopt Resolution in support of the 2000 SLOCOPS Grant. 9.e. Fair Oaks Avenuerrally Ho Road Overlav Proiect. Project No. 2000-3. Progress Payment No.3 (SPAGNOLO) Recommended Action: Authorize Progress Payment No.3 in the amount of $51,221.33 to R. Burke Corporation. 9.f. Sprina 2000 Pavement Manaaement Proiect. Proiect No. 2000-5. Progress Payment No.2 and Notice of Completion (SPAGNOLO) Recommended Action: 1) Authorize Progress Payment No.2 in the amount of $20,691.00 to Bond Blacktop, Inc.; 2) Direct staff to file a Notice of Completion; and 3) Authorize the release of retention of $10,041.96, thirty-five (35) days after Notice of Completion has been recorded, if no liens have been filed. 9.g. Technical Amendment to the Consultant Services Agreement Between the City of Arrovo Grande and John L. Wallace & Associates (SPAGNOLO) Recommended Action: Amend the Consultant Services Agreement to include recently mandated federal-aid funding provisions. 9.h. Lopez Dam Improvement Bond Documents (SNODGRASS/CARMEL) Recommended Action: Authorize the Mayor to sign the Lopez Dam Improvement Bond documents. AGENDA SUMMARY - OCTOBER 24, 2000 PAGE 4 10. CONTINUED BUSINESS: 10.a. Revision to the Sewer Area Charae (SPAGNOLO) Recommended Action: 1) Authorize the City Manager to execute a Consultant Services Agreement to revise the sewer area charge to address open space easement; and 2) Authorize an appropriation of $8,500 from the Sewer Facility Fund and add the Sewer Area Charge Update to the Capital Improvement Program. 10.b. Termination of Consultant Services Aareement with Envicom Corporation (ADAMS) Recommended Action: Authorize and direct the City Manager to terminate the existing Consultant Services Agreement with Envicom to prepare the update of the City's General Plan. 11. NEW BUSINESS: None. 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 MICHAEL A. LADY: (1) South San Luis Obispo County Sanitation District (SSLOCSD) (2) Other (b) MAYOR PRO TEM TONY M. FERRARA: (1) Integrated Waste Management Authority (IWMA) (2) Economic Vitality Corporation (EVC) (3) Air Pollution Control District (APCD) (4) Other (c) COUNCIL MEMBER THOMAS A. RUNELS: (1) Zone 3 Water Advisory Board (2) County Water Resources Advisory Committee (WRAC) (3) Other (d) COUNCIL MEMBER STEVE TOLLEY: (1) Long-Range Planning Committee (2) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORTA) (3) Other AGENDA SUMMARY - OCTOBER 24, 2000 PAGE 5 12. CITY COUNCIL REPORTS (continued): (e) COUNCIL MEMBER JIM DICKENS: (1) South County Area Trans,it (SCAT) (2) Economic Development Committee/Chamber of Commerce (3) Community Recreation Center Subcommittee (4) Economic Opportunity Commission (EOC) (5) South County Youth Coalition (6) Other 13. COUNCIL COMMUNICATIONS: Correspondence/Comments as presented by the City Council. 14. STAFF COMMUNICATIONS: Correspondence/Information for the City Council presented by the City Manager. 15. ADJOURNMENT AGENDA SUMMARY - OCTOBER 24, 2000 PAGE 6 * * * * * * * Copies of the staff reports or other written materials relating to each item of business referred to on this agenda are on file with the Director of Administrative Services and are available for public inspection and reproduction at cost. If you have questions regarding any agenda item, please contact the Director of Administrative Services at (805) 473- 5414. * * * * * * * In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting, please contact the Director of Administrative Services at the number listed above at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to the meeting. * * * * * * * Note: This agenda is subject to amendment up to 72 hours prior to the date and time set for the meeting. Please refer to the agenda posted at City Hall for any revisions, or call the Director of Administrative Services at (805) 473-5414 for more information. www.arroyoqrande.org -- ~--_..__._--,_._----"_." .'.--,--"'-- - -- ----~~- CITY OF ARROYO GRANDE - ABBREVIATIONS revised 08104100 A Agricultural Preserve AS Assembly Bill LAFCO Local Agency Formation Commission ADA Americans with DlsabUities Act LOCC League d Carlfomia Cities AG General Agriculture LLA Lot Line Adjustment AGMC ArrfliO Grande Municipal Code LUE Land Use Element AGPOA Arroyo Grande Police Officers' Association MER Lot Merger APN, Asses$or's Parcel Number MF CondominiumITownhouse APCB Air Pollution Control Board MFA Apartments APeD Air Pollution Control District MHP Mobile Home Parks ARC Architectural Review Committee 0 Offlce Professional ASCE American Society Civil Engineers OCSD Oceano Community Services District ASD Administrative Services Department OSCE Open Space and Conservation Element AWNA American Wel.er Works Association PC Planning Commission BD Building Division PD Police Department CA City Attorney PF Pub~QuasiPubNc CC City Council PPR Plot Plan Review CCC California Conservation Corps PRD Parks & Recreation Department CCCSIF Central Coast Cities Self-Insurance Fund PRE-APP Pr.appflCatlon CD Community Development PSHHC Peoples' Self-Help Housing Corp. CDBG Community Development Block Grant PSP Planned Sign Program CE Circulation Element PUD Planned Unit Development CEC California Energy Commission PH Public Works Dep8'lment CECA California Environmental Quality Act RDA Redevelopment Agency CIP Capital Improvement Program RE Residential Estate CIWMP California Integrated Waste Management Plan RFP Request for Pr()p9Sals CM City Manager's Office RFQ Request for QuaBficalions CMC California Men's Colony RH Hillside Residential CMP Congestion Management Plan RHNP Regional Housing Needs Plan COC Certificate of Compliance RR Rural Residential CPI Consumer Price Index RS Suburban Retidential CUP Conditional Use Permit RTA Reversion to Acreage DARE Drug Abuse Resistance Education RWQCB Regional W.er Quality Control Board DC Development Code SAC Staff Advisory Committee CEA Drug Enforcement Administration SB Senate Bm E.C. Election Code SCAT South County Area Tl1U1Sit EDD Economic Development Department SEIU Service Employees International Union EDU Equivalent Dwelling Unit SF Single Family EIR Environmental Impact Report SLO San Luis O~lspo EIS Environmental Impact Statement SLOCOG San Luis Obispo Counc" of Governments EOC Economic Opportunity Commission SLOHA San Luis Obispo Housing Authority EVC Economic Vitality Corporation SLONTF San Luis Obispo Nan:otIcs Task Force FAU Federal Aid Urban SLORTA San Luis Obispo Regional Tr..1 Authority FD Fire Division SLOWRAC San Luis Obispo County W.. Resources Advisory FDM Federal Disaster Assistance Administration Committee FEMA Federal Emergency Management Agency SR Senior Housing FID F"mancial Services Department SSLOCOWA South San Luis Obispo County W.er Association FPPC Fair Political Practices Commission SSLOCSD South San Luis ObispO County Sanitation District FTA Federal Transit Administration SRRE Source Reduction & RecycHng Element FY Fiscal Year SWRCD State WeAer Resources Control Board G.C. Govemment Code TPM Tentative Parcel Map GC General Commercial TT Tentative Tract Map GF General Fund TTAC Transportation Technical Advisory Committee GP General Plan TUP Temporary Use Permit GPA General Plan Amendment UBC Uniform Building Code HCD California Department of Housing and Community UFC Uniform Fire Code Development USA Underground Service AI8!1 HOP Home Occupancy Permit VAR Variance HUD Housing and Urban Development Dept. VC VIII4Ige Commercial I Industrial and Business Part< VCB SlO County VIsitors & Conference Bureau ISTEA IntermOdal Surface Transportation VSR Vtew Shed Review JPA Joint Powers Authority ZONE 3 San Luis Obispo County Flood Control and Water Conservation Dlstrlct- Zone 3 (Lopez Project) - --._-~_..._...~ 5... H.",.,." P,.ol...ti.", WHEREAS, tobacco, alcohol and other drug use,and abuse has reached pandemic stages in California and throughout the United States; and WHEREAS, it Is imperative that community members launch unified and visible tobacco, alcohol, and other drug prevention education programs and activities to eliminate the demand for these substances; and WHEREAS, Californians For Drug-Free Youth, Inc. (CADFY), coordinates the California Red Ribbon Celebration in cooperation with National Family Partnership to offer our citizens the opportunity to demonstrate their commitment to healthy, drug-free lifestyles; and WHEREAS, President Bill Clinton is the National Honorary Chair, and Governor Davis and Mrs. Sharon Davis are the State Honorary Chairpersons to provide national and state focus on a Drug-Free America; and WHEREAS, the Red Ribbon Celebration will be observed across America during RED RIBBON CELEBRATION WEEK, October 23-31,2000; and WHEREAS, Parents, Youth, Government, Business, Law Enforcement, Schools, Religious Institutions, Service Organizations, Social Services, Health Services, Media, and the General Public will demonstrate their commitment to drug-free communities by wearing and displaying Red Ribbons during this week-long celebration; and WHEREAS, the City of Arroyo Grande further commits resources to ensure the success of the RED RIBBON CELEBRATION and year round tobacco, alcohol, and other drug prevention efforts. NOW, THEREFORE, BE IT RESOLVED, that I, Michael A. Lady, Mayor of the City of Arroyo Grande, on behalf of the City Council, do hereby recognize October 23-31, 2000 as RED RIBBON CELEBRATION WEEK, and encourage all citizens to pledge: NO USE OF ILLEGAL DRUGS, AND NO ILLEGAL USE OF LEGAL DRUGS, and to participate In tobacco, alcohol, and other drug prevention programs and activities, making a visible statement and commitment to healthy, drug-free communities In which to raise a generation of drug-free youth. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Se I of the City of Arroyo Grande to be affixed this 24th day of October, 2000. MICHAEL A. LADY, MAYOR 5.b. a.., ProcIaIa\\tI WHEREAS, the well-being of our citizens depends upon the production of ample supplies offood, fiber and other products of the soil; and WHEREAS, the quality and quantity of these products depend upon the conservation and proper management of the soil and water resources; and WHEREAS, the Coastal San Luis Resource Conservation District, the University of California Cooperative Extension, the Morro Bay National Estuary Program, the San Luis Obispo County Farm Bureau Watershed Coordinating Committee, and other organizations are providing proactive, practical, and cooperative programs through which landowners are taking the initiative to protect, conserve, and make proper use of these resources; and WHEREAS, in the year 2000 the soil conservation movement is celebrating its 65th Anniversary of carrying forward a program of soil and water conservation in cooperation with numerous agencies and counUess individuals; and WHEREAS, City and County Grading Ordinances recognizes the necessity of preventative measures to implement erosion control practices. NOW, THEREFORE, BE IT RESOLVED, that I, Michael A. Lady, Mayor of the City of Arroyo Grande, on behalf of the City Council, do hereby recognize, and proclaim October, 2000 as "EROSION CONTROL MONTH" in the City of Arroyo Grande. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Arroyo Grande to be affixed this 24th day of October, 000. MICHAEL A. LADY, MAYOR ----,----..----,-- '\, 7.8., CITY OF ARROYO GRANDE CITY COUNCIL MEETING NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Arroyo Grande will hold a Public Hearing onthe following project: CASE NO. Conditional Use Permit Amendment 00-004 APPLICANT: New Hope Church LOCATION: 900 N. Oak Park Blvd. PROPOSAL: The applicant is requesting an amendment to Conditional Use Permit 84-368 to allow the placement of a 960 square foot modular building on the property to provide additional classroom space for the Royal Oaks Christian School. ENVIRONMENTAL DETERMINATION: Categorical Exemption per Section 15303 CEQA Guidelines REPRESENTATIVE: Robert Burnett Any person affected or concemed by this application may submit written comments to the Director of Administrative Services at 214 E. Branch Street, Arroyo Grande, Califomia, during normal business hours (8:00 A.M. to 5:00 P.M.) before the City Council hearing, or appear and be heard in support of or opposition to the project and the environmental impacts at the time of hearing. Any person interested in the proposal can contact the Community Development Department at 214 E. Branch Street, Arroyo Grande, California, during normal business hours (8:00 a.m. to 5:00 p.m.). IF YOU CHALLENGE AN ITEM IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY COUNCIL AT, OR PRIOR TO, THE PUBLIC HEARING. FAILURE OF ANY PERSON TO RECEIVE THE NOTICE SHALL NOT CONSTITUTE GROUNDS FOR ANY COURT TO INV ALIDA TE THE ACTION OF THE LEGISLATIVE BODY FOR WHICH THE NOTICE WAS GIVEN. Date and Time of Hearing: Tuesday, October 24,2000 at 7:00 P.M. Place of Hearing: Arroyo Grande City Council Chambers 215 E. Branch Street ~~. cA.J~t1iJNL- Arroyo Grande, California 93420 Kelly etm6re Director of Administrative Services/Deputy City Clerk Publish 1 T, October 13, 2000 MEMORANDUM TO: CITY COUNCIL FROM: KERRY McCANTS COMMUNITY DEVELOPMENT DIRECTOR BY: KELLY HEFFERNON v.., \\... ASSOCIATE PLANNER SUBJECT: AMENDED CONDITIONAL USE PERMIT CASE NO. 00-004 TO PLACE A 960 SQUARE FOOT MODULAR BUILDING ON THE NEW HOPE CHURCH PROPERTY, LOCATED AT 900 OAK PARK BLVD., FOR THE ROYAL OAKS CHRISTIAN SCHOOL DATE: OCTOBER 24, 2000 RECOMMENDATION: Staff recommends the City Council adopt the attached resolution approving Amended Conditional Use Permit Case No. 00-004. FUNDING: No fiscal impact. DISCUSSION: The Planning Commission considered this item on September 19, 2000 and recommended that the City Council adopt a resolution approving Amended Conditional Use Permit Case No. 00-004 (reference Attachment 1 for Planning Commission meeting minutes). Because this project is located within a Planned Development (PD 1.1), only the City Council is authorized to grant final approval. The original Conditional Use Permit for the New Hope Church (formerly called the Foursquare Church) was approved in 1 984 to construct a two-phased church facility; a scaled-down phase I was ultimately constructed. In 1997, the City Council approved an amendment to CUP 84-368 to allow the operation of a preschool and elementary school within the existing church building. A maximum occupancy of 90 preschool and 1 54 elementary school students was established at that time. The applicant seeks a second amendment to CUP 84-368 to place a 960 square foot modular building on the east side of the property boundary to temporarily '-',~"" City Council October 24, 2000 Amended Conditional Use Permit 00-004 Page 2 provide needed classroom space for the Royal Oaks Christian School (reference Attachment 2). The request is for a three (3) year time period, providing an interim solution while plans for a permanent expansion are being prepared. The modular building would enable the school to reduce the number of students in the existing classrooms while staying within the maximum number of students allowed per the original Conditional Use Permit. Letters the City has received from parents and neighbors regarding the proposed project are included as Attachments 2 through 7. AL TERNA TIVES: The following alternatives are presented for Council consideration: - Approve staff's recommendation; - Do not approve staff's recommendation; - Modify as appropriate and approve staff's recommendation; - Provide direction to staff. Attachments: Resolution of Approval 1. Planning Commission Meeting Minutes of September 19, 2000 2. Letter from Applicant Dated July 22, 2000 3. Letter from Cathy Lee dated October 3, 2000 4. Letter from Tara Maria Stilwell dated October 2, 2000 5. Letter from Mary & Jim McDonnel dated September 28, 2000 6. Letter from Maryellen Perrin dated September 26, 2000 7. Letter from Tom and Claire Holbrook received September 15, 2000 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AMENDED CONDITIONAL USE PERMIT CASE NO. 00-004, THEREBY AMENDING CONDITIONAL USE PERMIT 84-368, APPLIED FOR BY THE NEW HOPE CHURCH, LOCATED AT 900 NORTH OAK PARK BOULEVARD WHEREAS, the City Council of the City of Arroyo Grande approved Conditional Use Permit No. 84-368 on June 26, 1984 for the construction of the Foursquare Church, presently called the New Hope Church, located at 900 North Oak Park B~ulevard; and WHEREAS, the City Council approved an amendment to Conditional Use Permit No. 84-368 on November 25, 1997 to allow the operation of a preschool and elementary school at the church facility; and WHEREAS, the Planning Commission of the City of Arroyo Grande adopted a resolution on September 1 9, 2000 recommending that the City Council approve Amended Conditional Use Permit Case No. 00-004 to temporarily place a 960 square foot modular building for the Royal Oaks Christian School; and WHEREAS, the City Council has held a public hearing on this application in accordance with the Municipal Code; and WHEREAS, the City Council finds that this project is consistent with the General Plan; and WHEREAS, the City Council has reviewed this project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has determined that the Project is Categorically Exempt per Section 1 5303 of the CEQA Guidelines; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: FINDINGS FOR APPROVAL Conditional Use Permit Findings: 1. The proposed use is permitted within the Oak Park Acres Planned Development (PD 1.1) pursuant to the provisions of Section 9-03.050 of the Development Code, and complies with all applicable provisions of the Development Code, the goals and objectives of the Arroyo Grande General Plan, and the development policies and standards of the City. 2. The proposed use will not impair the integrity and character of the district in which it is to be established or located because the proposed use is similar to -~--~~ ~- RESOLUTION NO. PAGE 2 surrounding uses. 3. The site is suitable for the type and intensity of use or development that is proposed because all the necessary easements, circulation, parking and setbacks would be provided. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure the public health and safety. 5. The proposed use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity because the proposed project would not create adverse environmental impacts. Architectural Review Findings: 1. The proposal is consistent with the General Architectur~1 Review Guidelines for the City of Arroyo Grande. 2. The proposal is consistent with the text and maps of the Arroyo Grande General Plan, and the City of Arroyo Grande Development Code. 3. The proposal will not be detrimental to the health, safety, comfort and general welfare of the persons residing or working in the neighborhood of the proposed project. 4. The general appearance of the proposed building is consistent with the character of the neighborhood because the size and design are consistent with the existing church facility. 5. The proposal is not detrimental to the orderly and harmonious development of the City. 6. The proposal will not impair the desirability of investment or occupation in the neighborhood. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves Amended Conditional Use Permit Case No. 00~004, with the above findings, and subject to the conditions set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion by Council Member , seconded by Council Member , and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was adopted this day of , 2000. ------~,.. ~--_. RESOLUTION NO. PAGE 3 MICHAEL A. LADY, MAYOR ATTEST: KELL Y WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY __ ____.,_____.~'m._ RESOLUTION NO. PAGE 4 EXHIBIT" A" CONDITIONS OF APPROVAL AMENDED CONDITIONAL USE PERMIT CASE NO. 00-004 NEW HOPE CHURCH, LOCATED AT 900 NORTH OAK PARK BOULEVARD COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the temporary placement of a 960 square foot modular building on the east side of the property boundary. The applicant shall comply with the following conditions: 1. The applicant shall ascertc;lin and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Amended Conditional Use Permit Case No. 00-004. 3. This application shall automatically expire on October 24, 2002 unless a building permit is issued. Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from the original date of expiration. 4. Development shall occur in substantial conformance with the plans presented to the City Council at the meeting of October 24, 2000 and marked Exhibits "81 - 84", attached hereto and incorporated herein by this reference. 5. The applicant shall agree to defend at his/her/its sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in anyway relating to the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents,' officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. SPECIAL CONDITIONS 6. The modular building shall be removed three (3) years after issuance of a building permit. ~.~.._.~~ RESOLUTION NO. PAGE 5 ARCHITECTURAL REVIEW COMMITTEE 7. The roof shall be a darker color to contrast with the walls of the modular building. All colors shall blend with the rest of the structures on the project site. 8. The landscaping plans shall include a mix of shrubbery and trees along the east and south sides of the modular building. The Community Development Director shall approve the plant selection. BUILDING AND FIRE DEPARTMENT 9. The structure shall be a State of California approved modular building. 10. The project shall comply with the most recent editions of the California State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. 11. Fees - The applicant shall pay all applicable City fees prior to issuance of a Building Permit. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY: 12. 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ARROYO GRANDE PLANNING COMMISSION DRAFT MINUTES September 19, 2000 Page 1 A TT ACHMENT 1 CALL TO ORDER Chair Greene called the regular meeting of the Planning Commission of the City of Arroyo Grande to order at 7:10 p.m. ROLL CALL X Commissioner Costello X Commissioner Keen X Commissioner London ABSENT Vice-Chair Parker X Chair Greene APPRO V AL OF MINUTES The minutes of September 5, 2000 were approved as amended. VICE-CHAIR PARKER ARRIVED AT THE MEETING. ITEM I. A. ORAL COMMUNICATIONS None B. WRITTEN COMMUNICATIONS 1. Letter to the Planning Commission from Sharon Shepherd, dated September 19, 2000 regarding Agenda Item No. 111., Pre-Application for the Chevron Station. 2. Letter to the Planning Commission from Liane Peterson, dated September 18, 2000 regarding Agenda Item No. II. A. Conditional Use Permit for the New Hope Church. 3. Memorandum to FILE regarding Public Hearing Notices for Agenda Item No. II. A. Conditional Use Permit for New Hope Church 4. Memorandum to the Planning Commission from Kerry McCants, Community Development Director regarding Status of Cleanup on Tract 1998 adjacent to James Way and La Canada ITEM II. PUBLIC HEARING ITEMS II.A. CONDITIONAL USE PERMIT AMENDMENT CASE NO. 00-004; LOCATION 900 NORTH OAK PARK BLVD.; APPLICANT - NEW HOPE CHURCH; REPRESENTATIVE - ROBERT BURNETT Kelly Heffernon, Associate Planner, presented the staff report and stated that the New Hope Church is located in the Neighborhood Commercial District of the Oak Park Acres Planned Development at the intersection of Oak Park Blvd. and James Way. The church facility accommodates both the Little Oaks Preschool and the Royal Oaks Christian School. Ms. Heffernon further explained that the church was originally approved in 1984 as a two- phased project in which a scaled down Phase 1 was ultimately constructed. Since the original Conditional Use Permit did not include the operation of a school facility, an amendment was approved in 1997 to allow for both a preschool and elementary school. The City imposed a maximum occupancy of 90 children for the preschool and 1 54 students for the elementary school for a total of 244 students. Ms. Heffernon stated that the total of 225 students quoted in the staff report is incorrect. ARROYO GRANDE PLANNING COMMISSION DRAFT MINUTES September 19, 2000 Page 2 Ms. Heffernon further explained that the church was proposing a second amendment to the original CUP to place a 960 square foot modular building on the east side of the property boundary to provide additional classroom space for the Royal Oaks Christian School. The temporary classroom would allow the school to keep the number of students down in the existing classes and will not exceed the maximum occupancy. The request is for a three year time period. Ms. Heffernon stated that as conditioned, the exterior materials and colors of the modular structure will match the existing church facility and the proposed project meets all relevant Development Code requirements. To date, staff has received two written public comments from neighboring property owners, which were previously distributed. Ms. Heffernon stated that staff recommends that the Planning Commission adopt the attached resolution approving Amended Conditional Use Permit Case No. 00-004 subject to the conditions of approval. Commissioner London asked about the three- (3) year Conditional Use Permit time period. He stated that according to his calculations this would end on September 19, 2003. However, in the staff report, Exhibit A, paragraph 3 there is a different date. Which date was correct? Ms. Heffernon stated that the deadline Mr. London was referring to was in reference to the Conditional Use Permit itself, which was for a two-year time period. However, under special conditions of this CUP, the time period would be three years after the issuance of a building permit. Commissioner Costello asked how many students were permitted at the school? Ms Heffernon replied that 90 students were permitted at the pre-school and 154 students were permitted at the elementary school. Mr. Costello asked if the 90 children allowed for the pre-school were full time equivalents. If for instance, some of the children were going part time, they could actually have 120, and if 60 of them were part time this would be the equivalent of 30 full time. He asked if the numbers still added up to the limit of 90 children? Ms. Heffernon replied that the way the school is licensed there can be no more than 90 students during one day attending the pre-school. Mr. Costello asked if there were licenses that restrict the number of children that can be educated at this facility? In other words, does someone license the facility, other than the City? Ms. Heffernon stated that the school was licensed by the State and that the license is for the number of students that was approved by the City. Mr. Costello asked if the original Conditional Use Permit allowed for a specific number of classrooms? ~---_._----- ARROYO GRANDE PLANNING COMMISSION DRAFT MINUTES September 19, 2000 Page 3 Ms. Heffernon stated that the original Conditional Use Permit allowed 10 classrooms. She also stated that the actual resolution approving the school facility is not specific about the number of classrooms. The details on the number of classrooms were in the staff report. Mr. Costello asked if the original Conditional Use Permit specified what the number of classrooms should be, or was this an issue? Ms. Heffernon stated that the original Conditional Use Permit was for a phased project, however, they had submitted a revised project that was smaller than originally approved. Therefore, she is not sure if ten classrooms was the number that was on site now. Commissioner Costello asked if Ms. Heffernon knew if there was a limit set on the number of classrooms or not? Ms. Heffernon stated that she understood what Commissioner Costello was asking and identified the Memorandum that he was referring to, however the final resolution for the Conditional Use Permit did not specify the number of classrooms. Vice-Chair Parker asked Ms. Heffernon to identify the exact parcel this project was referring to with regard to the maps in the PD zoning section in the Development Code. Ms. Parker and Ms. Heffernon then discussed the uses in the PD zoning and what the allowed setbacks would be. Ms. Parker stated that the residents in this area had complained because the property was not in compliance regarding drainage, grading, lighting shields and solid waste on the property. She asked if they were in compliance at this time? Ms. Heffernon stated that they were in compliance with drainage, grading, and lighting shields. With regards to the solid waste issue, she stated she would defer this question to Pastor Barnett. Mr. Campbell stated that the drainage issue had been addressed several years ago. It had been required in 1996 and it was addressed shortly thereafter. Vice-Chair Parker and Ms. Heffernon discussed the number of children that was allowed by the Conditional Use Permit and how many students were attending the school. Vice-Chair Parker asked about the temporary permit that was being issued for three (3) years. She stated that she does not recall the Planning Commission ever allowing three years for a permit. Vice-Chair Parker asked about temporary permits on a Conditional Use Permit. She asked if a temporary permit was based on the request of the applicant or was it at the discretion of the staff? Ms. Heffernon stated that the Planning Commission had the discretion to change this time period to whatever they felt was appropriate. The three-year time limit had been discussed with the Staff Advisory Committee. It was decided that, with the applicant's need, and what staff was willing to consider temporary without putting in additional improvements, this was an appropriate time limit. - -------._----------- ARROYO GRANDE PLANNING COMMISSION DRAFT MINUTES September 19, 2000 Page 4 Pastor Robert Barnett, 766 Naples, Grover Beach stated that at this point there were only 104 elementary students enrolled at the elementary school, 70 pre-school children per day and that the school did not exceed the maximum allowed per day. Pastor Barnett gave a brief history of the school explaining that he had come to pastor the church 3 years ago. Within a few days of his arrival he had attended the City Council hearing on the Conditional Use Permit. It was at this time that he learned about the problems the neighbors had had with the church and the property on which it is located. His goal since then has been to be a "team player" and address the concerns of both the neighbors and the City. He stated that he had apologized for the way the previous pastor had opened the school without the proper City permits. He further explained that he had also agreed to address the issues of drainage and solid waste that had been stored on the site behind the fence. These issues were taken care of at the time of the City Council hearings. Pastor Barnett stated that he had heard that there was still some concern about construction materials that are stored on the site and he had instructed his staff to remove these materials. He also said that he wanted to stay within the constraints of the Conditional Use Permit and he wanted to assure the City and the neighbors that this was the intent of the Church. The Church was not looking at expanding further, but rather in the future, they would like to separate the Church from the school facility. Vice-Chair Parker and Pastor Barnett discussed the number of students in the school and the size of the classrooms. Ms. Parker asked what the plans for the school were in the future as the three-(3) year time limit did not allow them very long to decide what to do? Pastor Barnett stated that they had to decide what was best for them to do and what, feasibly, they could do. He did not have the answers to this question at this time. Ms. Parker stated that the neighbors had had many concerns at this site and the Church had taken care of this. She wanted Pastor Barnett to know that she appreciated this very much. Concerning the construction material that still remains on the site, she asked if there was any way to put this into storage or move it somewhere that the neighbors do not have to look at it? Pastor Barnett stated that this material was going to be taken care and that it would be gone in the next few days. Commissioner Costello asked if the church was considering building to the north of the current church site and how far north would they be building? Pastor Barnett stated that, although they have room to build to the north, there was another parcel of land towards the ocean that they have looked at and would possibly consider. They are doing the research to find out what will be best both economically for the Church and for the Community. Commissioner Costello stated that he was appreciative of the willingness of the church to consider the neighborhood when making their decisions. ---,...--......--- --_.~--- ARROYO GRANDE PLANNING COMMISSION DRAFT MINUTES September 19, 2000 Page 5 Commissioner Keen stated that the map showed that the church owned two parcels at this location and he asked if they had been merged into one parcel? He stated that it appeared that the church was built over the parcel lines. Ms. Heffernon stated that her drawing of the church building was not drawn to scale and that it did not go over onto the second parcel. She also stated the Assessor's parcel map showed this area divided into two parcels. Chair Greene stated that he appreciated Pastor Barnett's sincerity in taking care of the problems at this site. He stated that the issue of the past problems with the neighbors had nothing to do with granting or denying the request for a modular schoolroom. Mr~ Greene referenced the letter from the Peterson's concerning the materials stored. He informed Pastor Barnett that this item would be going on to the City Council for final approval. Although the Planing Commission would not make the removal of the materials a condition for approval, he wanted Pastor Barnett to know that he had said these materials would be removed and that there were members of the City Council present at this meeting that would know of this promise. Wayne Russell, 367 Hollister, representing New Hope Church spoke to the Commission stating that he had met with a representative from the City and the following items would be addressed: . A new fire hydrant would be installed on the site. . New landscaping will be put in place to help screen the new modular building. . The modular roof will be painted to match the terra cotta tile roof of the church. Commissioner Costello asked what type of roof the modular unit had? Mr. Russell stated that it had a metal roof. Vice-Chair Parker asked if the modular unit complied with all the State safety codes including fire standards? Mr. Russell stated that the modular unit was being leased from a company that leases or sells these types of units to all the public and school buildings in the area and he assumed that they would comply with all State regulations. Commissioner Keen stated that, according to the drawings, the air conditioner units were located on the James Way side of the building. He wondered if they could be placed on the north end so they would not be visible from James Way? Mr. Russell stated that they did not have an option because of the way the modular has to sit on the property. It has to back up to the pre-school play yard and another existing classroom and it would be too noisy to the have the air conditioner located next to the classroom. He also stated that the air conditioner would be screened with the new landscaping. Commissioner Costello stated that he did not have a problem with the project as it had been presented, however he does not believe that the Development Code allows metal roofs. In Development Code Section 9-' 0.090 for Mobil Homes and Manufactured Home requirements, section 3.A , states "a roof constructed of asphalt, composition shingle, tile, crushed rock or similar roofing material, except metal... is acceptable". The land Use Element also states, that in keeping with the small town character of Arroyo Grande, metal roofs should be avoided. Mr. ._._-_.~._.~------_._..- ARROYO GRANDE PLANNING COMMISSION DRAFT MINUTES September 19, 2000 Page 6 Costello stated that this issue would have to be addressed in deciding whether or not to approve this project. Commissioner Costello stated that aside from this, the limit to the number of classrooms is included in the original CUP and he felt that the Commission should make sure this condition is watched, especially with the possibility of a new school building being built. Vice-Chair Parker asked staff about Condition No. 6 that stated that the modular building should be removed three years after issuance of a building permit. She asked if the church would be able to come back and ask for an extension? Ms. Heffernon stated that if the church wanted to extend their time limit they would have ~o come back for another amendment to the Conditional Use Permit. Ms. Parker asked why Condition No.7 was included in this permit? She didn't think that it was the usual requirement to condition what color the roof would have to be. Ms. Heffernon stated that the ARC had asked that this be a condition. Ms. Parker stated that the way Pastor Bennett had discussed this situation with the neighbors and the fact that he is trying to make amends and make things acceptable with the neighborhood was commendable. Therefore, she does not have a problem with the project. She said that there were certain things were all right with her because this was only a temporary situation. For instance, she does have a problem with the ten-foot set back, but in this case she is willing to overlook it. She also felt there should be trees between the building and the edge of the property, but again, because this is temporary it would alright. Ms. Parker stated that she is willing to accept the metal roof because this is a temporary building and the church is willing to make it look better by painting it. She also stated that she does not believe that the color of the roof should be in the Conditions of Approval. Commissioner Keen stated that he thought that in the original Conditional Use Permit, the reference to classrooms was meant to be a reference to Sunday School classrooms. The problem arose when the church wanted to change the verbiage from Sunday School classrooms to regular school classrooms. Commissioner Costello stated that he felt there was still a void in what was permitted and what was not. He would like the language of the CUP to be more specific and cleaner. Commissioner Keen stated that with regards to the metal roof since this was a temporary building he felt that this was all right. Also, since the ARC saw fit to put a condition about the roof color in the permit to make it blend in with the existing structures he feels this is appropriate. He stated that the three-year time limit was a good condition. He also said that he liked where the modular unit was placed on the site rather than on the north side of the building where it would infringe on the neighborhood. Mr. Keen asked Mr. Campbell to explain why Condition No. 14 asked for the modular unit to be fully sprinkled but they were putting in a fire hydrant instead. He felt that the Condition should ARROYO GRANDE PLANNING COMMISSION DRAFT MINUTES September 19, 2000 Page 7 be amended to have the words "either/or" inserted if the fire hydrant was going to take the place of the sprinklers. Chair Greene asked Mr. Campbell if he had language that could be used to modify Condition No. 14. Mr. Campbell stated that the language should be "alternatively, an onsite fire hydrant to be located as approved by the Fire Department". Commissioner London stated that he did not have any problem with this project. Commissioner Keen moved that the Planning Commission adopt: RESOLUTION NO. 00-1761 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDED CONDITIONAL USE PERMIT CASE NO. 00-004, THEREBY AMENDING CONDITIONAL USE PERMIT 84-368, APPLIED FOR BY THE NEW HOPE CHURCH, LOCATED AT 900 NORTH OAK PARK BOULEVARD. with Exhibit A as amended. Vice-Chair Parker seconded the motion. The motion was approved by the following roll call vote: ROLL CALL VOTE YES Commissioner Costello YES Commissioner Keen YES Commissioner London YES Vice-Chair Parker YES Chair Greene II. B. PLANNED SIGN PROGRAM 00-004; LOCATION - 1166 EAST GRAND AVENUE; APPLICANT - GRAND AVENUE SELF-STORAGE; REPRESENTATIVE - JIM CRAVENS Teresa McClish, Assistant Planner, presented the staff report and stated that the owner of Grand Avenue Self-Storage was applying for a Planned Sign Program Amendment to place one ground sign adjacent to the Wet Pets ground sign at 1164 Grand Avenue. The site is located in the General Commercial District. Ms. McClish explained that Grand Avenue Self-Storage is located at 1166 Grand Avenue behind Wet Pets. The owner of Wet Pets has a Planned Sign Program, approved in 1996, for their signs. Both parties have agreed to have the Grand Avenue Self- Storage ground sign on the Wet Pet's property since it will be more visible from Grand Avenue. Ms. McClish stated that at the current time there is one ground sign and one wall sign for Wet Pets, and one wall sign for Grand Avenue Self-Storage on the site. All the signs are non- illuminated. Ms. McClish explained that the proposed ground sign is consistent with all Development Code requirements. The proposed ground sign is 24-sq. ft. and would be located in a narrow planter area. ATTACHMENT 2 New Hope Church 900 N. Oak Park Blvd. Arroyo Grande Ca.93420 Royal Oaks Christian School 489-9200 Little Oaks Preschool 489-459-8- Robert L Burnett Pastor - , To: City of Arroyo Grande, Planning Department From: New Hope Church (Previously know as Oak Park Foursquare) Date: July 22od, 2000 Subject : Amendment to Use Permit to include a 24X40 modular classroom to be used in the Royal Oaks Christian School. History: Little Oaks Preschool has been open since April of 1990 and Royal Oaks Christian School has been open since the fall of 1993. At this present time we have an enrollment of 125 children and employ 15 adults in our Little Oaks Preschool. The Royal Oaks Christian School has an enrollment of 100 children and employs 20 adults. Together our schools employ 35 adults and serve 225 students from this area. At present time we have been forced to combine some of our grades due to growth and facility limitations. With the city's approval we would like to place a modular in the location specified on the plot plans. 1bis would allow for us to keep the number of students down in our aJready existing classes, but allow for us to grow to the city's specified occupancy of 120 students for our Royal Oaks Christian School. The modular would be a 24X40 unit, which is specified on the plot plans and the modular drawings. We would also use a facing and color that would blend in with aJready existing structures. Thank for your consideration of this matter, we look forward to hearing nom you soon. Pastor Robert Burnett A TT ACHMENT 3 RECEIVED CITY OF ARROYO GHM~DE 00 OCT -5 Pii ~: 19 , October 3, 2000 '~el.ta.~Y Arroyo Grande City Han P.O. Box 550 Arroyo Grande, Ca. 93420 Dear Mr. Lady, lam writing to encourag~ you to vote yes on the Royal Oaks Christian School modular classroom project. My daughters have attended Little Oaks and Royal Oaks for over four years now. I have worked. in the classroom as a teacher's aide, substitute and playground supervisor. I made it a point to know that school inside and out. Frankly, I believe it is the best-kept secret in town! Believe me when I say that Pastor Robert, Patty Clarkson and the entire staff, have a heart for God and a heart for every child in that schooL As a parent and staff member, I couldn't be more proud of Royal Oaks Christian School. Every idea, every need is prayerfully considered. My daughter Katelynn, is currently in the first grade at ROCS. Her classroom is set up in the sanctuary awaiting a modular dassrO()m. Your vote could enable her to be set up in her "very own" classroom as early as next month. Your vote of support would be greatly appreciated. Thaok you. Sincerely, &d'2tf~ Cathy Lee '~f~~ C,'. ~~ MM~if :;203~ j~~~1Wr/le-~ ~~,Ca. 73 'fCf c-J 695 South 7th Street ATTACHMENT 4 Gtovet BeC1ch, CA 93433 RECEIVED CITY OF ARROYO GRANDE Odobet 2, 2000 00 OCT - 5 Ai'ilI: 3 , RE: RoYC11 OC1ks ChtistiC1n School ModulC1t' clC1sst'oom Pt'oject MC1YO~ Mike I.4dy i Anoyo Gt'C1nde City HC1[1 P.O. Box 550 Attoyo GtC1nqe, CA 93421 Deqt MC1yot, I C1m wt'iting in t'egC1tds to the ROYC11 OC1ks Chti5tiC1n School ModulC1t clC1sstoom Pt'ojed. This school C1nd its pt'oject C1t'e positive community C1ssetS. This school teC1ches its childten to hC1ve C1 positive chC1t'C1det while educC1ting theit' minds. Cht'istiC1n eduCC1tion is C1 need in this C1req. This project will expC1nd the school's C1bility to continue building strong minds C1nd chC1tC1der in the children who C1ttend. I completely support this project C1nd encow.qge you to fuvor it C1S well. ThC1nk you fot' yout time. CotdiC1l1y, 1M tU &;f!tJ TC1tC1 MC1tiC1 Stilwell ,. ~ ~ t-~ C.I~ M(U~~y .k€K(~' C\~ ~r\1 A TT ACHMENT 5 RECEIVED September 28, 2000 CITY O?'ARROYO GHANDE Arroyo Grande City Hall 00 DCi -2 PH~: 20 P.O. Box 550 Arroyo Grande, CA 93421 . i Dear Mike Lady, , , We would like to express our support for the Royal Oaks Christian School on Oak Park and Jamesway in Arroyo Grande. This school provides sound education, and is an asset to our community. Currently, two of our children attend this school. The number of students attending this school is expanding. The school is attempting to accommodate this expansion by insta11ing a modular classroom unit on the property. We think that this is a viable solution and we support it. We hope that you witt support and approve this project at your next City Council meeting. Please give this matter your heartfelt attention. Sincerely, Mary & Jim McDonnel fYI~ ;f/j)-rl/J 134 La Ftoricita Pismo Beach, CA 93449 J~~ 773-9391 toj:;.. 'p2 c..cLu1C~ : e '. c;:,~ MCVt~ K ar:t1.:. -,- ___..___..__0"___.____ --...- A TT ACHMENT 6 RECEIVEO ,. ',:nc- CITY Or ARROYO GRI\;rl;c. OOSEP 21 PM 3: 4' 1021 Acorn Drive -- Arroyo Grande, CA 93420 September 26, 2000 Mayor Mike Lady Arroyo Grande City Hall P.O. Box 550 Arroyo Grande, CA 93421 Dear Mayor Lady, I writing to express my support of Royal Oaks Christian School's expansion project that will be coming before the City Council for approval in October. As a homeowner in the immediate area of the school, I believe Royal Oaks is an asset to our neighborhood. Over the years that the school has been in operation, the administration has been sensitive and considerate to the neighborhood regarding traffic flow and noise, and they have always maintained an attractive and well cared for physical appearance. In addition, it is an asset to our community to have the option of choosing a Christian education at a school that has high academic standards. I urge you to approve the addition of the modular classrooms. Respectfully, CUUu(~ p~ Maryellen Perrin Q.: Ci1 M(u\~e,( 'COI'Y\M; Dw. f),Y"~ --"---- . . . RECEIVED ATTACHMENT 7 SEP 1 5 2000 CITY OF ARROYO GRANDE COMMUNITY DEVELOPMENT DEPT. To Whom It May Concern: My family and I have been a neighbor of the Four Square Church since December of 1994. From the beginning we have had a difficult relationship. We live at 1024 Robin Circle. We have included numerous articles, reports, and final decisions relating to the .., previous request for addition(buildings. What stands out most is the Church believing they have the right to expand without proper approvals. You will notice language stating that the Church has never had approval for a daily full- time school, and their intent was only to offer a Sunday program to Church attendees. That has never been the case, as they have been operating a full- time day care/school facility for some time now. The planning division noted fire alarm concerns, traffic concerns, neighborhood reaction, emergency vehicle access, etc. Each time these items were addressed the Church chose not to submit another CUP. Instead, wanted to bypass the planning division and have the City Council over-ride the rejected proposal. It was also stated that the Church wished not to notify their neighbors. Our concern is that these issues have not been addressed. Given the history of the church it is our concern that additional classrooms will only add to the increased traffic, noise decibel, and general lack of concern for any surrounding neighbors that has already been an existing problem for many years. Not to mention having this all happen right outside our back fence. We believe a serious review needs to be done with regards to running a full-time school. Let alone any expansion proposals. Please take the time to read the enclosed and consider fairly what is at stake. Thank you for your time. Sincere' 'c- ~ CJ~-4. To Holbrook Claire Holbrook ---_._--~-- __~..J . , . CITY OF ARROYO GRANDE PLANNING COMMISSION MEETING NOTICE OF PUBLIC HEARING '. - NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Arroyo Grande will hold a Public Hearing on the following project: CASE NO. Conditional Use Permit Amendment 00-004 APPLICANT: New Hope Church LOCATION: 900 N. Oak Park Blvd. ENVIRONMENTAL DETERMINATION: Categorical Exemption per Section 15303 CEOA. Guidelines REPRESENTATIVE: Robert Burnett The Planning Commission will consider an amendment to Conditional Use Permit 84-368 to allow the placement of a 960 square foot modular building to provide additional classroom space for the Royal Oaks Christian School. Any person affected or concerned by this application may submit written comments to the Community Development Department at 214 E. Branch Street, Arroyo Grande, California, during normal business hours (8:00 AM. to 5:00 P.M.) before the Planning Commission hearing, or appear and be heard in support of or opposition to the project and the environmental impacts at the time of hearing. 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 PLANNING COMMISSION AT, OR PRIOR TO, THE PUBLIC HEARING. FAILURE OF ANY PERSON TO RECEIVE .THE NOTICE SHALL NOT CONSTITUTE GROUNDS FOR ANY COURT TO INVALIDATE THE ACTION OF THE LEGISLATIVE BODY FOR WHICH THE NOTICE WAS GIVEN. Time and Place of Hearing: Tuesday, September 19, 2000 at 7:00 P.M. Arroyo Grande City Council Chambers 215 E. Branch Street Arroyo Grande, California 93420 mission Secretary .----.- ----.- J I ',,"" "',;. ," , riM'" Ul _Ul~~,:',':,~"_Y_CU .. ,~ ,"'. ..-," . Church's requ~sfior;:Classr().orT.~ rejected by Plannilig . Commission , ..." '. By Tom Parsons These, 'commiss'ioners Roben thatomer churches and organiza- Staff Writer Carr and ,John Keen said, would tions have been given approval te ARROYO GRANDE ~ Pastor have been part of the conditional use move .moduIars ontO their propert) Phillip Coleman and his parishioner pennit if the facilideswere origi-, without having to apply for another and attorney Michael Zimmermannally intended tobeuse,d as ~ ~~ol .:coodifional use permit. -: ..;. " may have .10 "turn the other cheek'" on a daily basis. j' -f.~~'::,:,~ff ,;:\7:.:, ;~' 'Of the exampleS he gave. Doreen toward the City Council now that According Coleman, the Church Liberto-Blanck, the city'~ director the Arroyo Grande Planning Com- ~ool has about 80., students cur- of planning, '~hed two that mission has denied their request to rentlyregistered. He.~ that were in fact reqWied to apply for a instaIl two relocatable classroom the number would top out at about conditional use' penniL ,', units in the parking lot of the Oak 150 in m.e. IJCxt f~w years.". Zimmern1aI1 cbaDgect hiS assertion Park FoW'Sq~ ~urch. , In addiuon, be .~. emphasized to "some" were given approval. The church site IS located on the that ~school o;yas mtended solely Then upon further research, northeast comer of James Way ~d . for his ~gregauon ~ the students Liberto-Blanck discovered that all Oak Park Boulevard; The ~tlon were mt:mbers C?f his. church. the cases Zimmerman had given as came at l.ast Tue~y ~ m~ung of Later m the discussions, Coleman examples s1ipportingthe church's the Planning CO~S1on.. ' cbangedthat figure ~~'tSO percent of .. ' , . The issue, according to comments the students 'at the'school were poS1~on had, to ~, c:onttary,,~ .', from the commissioners; was not members ofhis., , congre,' OJI'eJlt1."on. .requ, Ired to ,.~,bt&1n the ,P, e, ,rmns whether the church should have Also in ~ originaI.&rf'DDents through the ~ ~..",.;~ . classrooms on the property, but presen~ tC;t.tbe',~lon and However, the inf~on which whether the church was attempting rec~edjD, the~. ~ 1984 finally bottomed the scale on the to circumvent' city ordinances by' wc;re'the,' .'reDUirb 1:ron1 Yone, sup- negative side against the church's ~~~~~g~~~~'s~bn~ ~i!~~~~-~ =c=:: r;:~i''::::m%:; pennit. ' '~j"'. .~ h',' \:~',~'~'~ ~~":" :;' ',~tYt'hirit.i!iG...~Sb'bOrhOod buiIdiiigswoUid'i1ave tvjo"class- "They,lre"putdng' in'"some'thingcomDietciat'(prOject)P~ the ropms''eacIi'o;'' ~.'..;::.., "~"'" that was not part of the original traffic g~ated ~ a~, takes 'The approved nurDberof _ class- building," noted commissioner Bill place primarily on SuDday~", - . 1'OOIDS in the original condid~ use Deviny. "So if they want to change, . 'CommissionerJ:oJm,' 'Soto 'sug- permit was limited to 10. Coleman then they should go back through for gested the possibilitytbat the panel mcfZimmerman admitted having 11 the conditional use penniL" ,could help ~ church through an classrooms in ,use eVen now for the However, Coleman express~ his abbreviated approval process if the school. , concern about receiving a favorable church would supply the commis- The next step for the church is response if he had to take his request sion with 'a list of neighbors within' either an appeal of the commission's through a public hearing process. 300 feet of the property so they negadve resolution to the City He and Zimmerman were also could be notified. . Council or an applicadon for an concerned about the cost of such a Coleman turned down the offer architectual review and condidonal process, which could require ~other ~. it would still involve a pub- use permiL, ,.,. '..,: : "~" . enviromnental impact report. lic hearing. ' . , Coleman and Zimmerman indi- ,However, as the discussion prog- Zimmerman also tried to assert cated they wo1ild pursue an appeal. ressed, commissioners began to , ,.,,', ",~,~~"i..."'~. ,'~,', ' " :- question even the use of th~ class- ,... ,: . ....~ :\; ',~-<:.'~" ", ,t" ''':,', ...; ',' - h' rooms on the property because the ';,;Z ,\' ',' , ... '... . church intended to use the new fa- '. ., .,...... cHities for a daily-attended elemen- , . - ..:/... iMy school. . , / The original conditional use per- ' . , . . mit, granted after an appeal.to the ' " '. City Council in 1985, was issued for-hi .:, classrooms 4esignated for'Sunday " ' school programs and not for a full- . time school. several of ~ ~s-, ,~ sioners pointed out. ,'"..~(.).:.J ; As support for their understand:.. ing of the conditions which existed 10 years ago, comn1issioners ~ the lack of issues addressed in the original application, such as bus ac- cess and a traffic study. _~ --"~ , City"f c:lfr:, taya g'tandE. P. o. Box 550 214 East Branch Street Public Works Department Arrvyo Granda, CA 9342: Phone (805)473-5440 June 17, 1996 FAX (805) 473-0386 Reverend Phil Coleman Foursquare Church 900 Oak Park Boulevard Arroyo Grande, CA 93420 Subject: Grading Permit requirements and alteration of drainage Dear Reverend Coleman: This is to confirm with you our discussions in the field on the afternoon of June 3, 1996. As you recall. we had previously discussed the grading permit for the Foursquare Church as well as the drainage improvements required by that plan earlier last year and corresponded on the matter on February 15, 1996, (copy attached). More recently. the Church commenced grading without an approved modification to the previously approved grading plan. After reviewing the site in the field and discussing the matter with you and Bill Ballagh., the City's inspector. we concluded that the foHowing actions should be taken: 1. The Church will proceed to retain an engineer or other qualified consultant to reflect its desired modifications to the previously approved grading plan. This new plan can show grading to occur iri phases or can reflect the Church's desire to construct all of the grading at one time. . 2. The drainage along the north easterly side of the property should provide for a swale or other drainage facilities, generally as shown on the original grading plan, or an approved alternative so as to prevent drainage migrating to adjoining property owners' yards. ... If the Church wishes to construct a building on this pad in the future, a'soils consultant .J. should be retained in order to detennine the condition of the fill and its structural ,suitability for building purposes. . 4. In order to assist you in reviewing the dimensions o~your northeasterly property line, the Public Works Department.can provide you with a copy of the recorded tract map for the adjoining properties. . 5. You discussed with Mr. BaUagh and me an alternative to regrading.the back yard of the pmperty immediately to the east of your existing fence along the playground. Any such , . 'C'VUTRTT CCR" -- ,."---,,.,. ---... J UN-tt: (-1 ::I::I~ .1..1.''''' I..ll T ur ~IU uro-u'U,IC UC"".h.,I.....I...,~ , ........ Arroyo Grande pl~rmiDg COlD1"icdOD. Page 4 June 6, 1995 Chairperson Keen said the next public hearing item was Vans Companies, Im:. alone with twO . non-public hearings, but the Oak PaIk Foursquare Church requested to be bard first ro which Vons agreed. The Commissioners agreed to this anangement. k""NON-PUBUC 'R'RA.1UNG - REQUEST FOR IN'I'ERPRETATION OF ~.t1b;.1~ RELOCATABLE CLASSROOMS ARE BEING PERMI.TrED UlmER CONDITIONAL USE PERMIT .cASE NO. 84-368 AND ARUu:.1:J!.CTURAL REVIEW CASE NO. 15-328 AT 900 OAK PARK BOm:..EVARD, APPUCANT IS OAK PABK FOURSQUARE CHURCH P1ann:ing Director l.iberto-BIanck presented this item to the Ptanning Commi<<ion ariDl a CUP was approved in 1984 for a LWO phased church facility. that an AR.c for phase I of canmucti.on was approved by the City Council in 1985, but before building pe.tmits c:ou1d be _JNI, die CUP expi:recL Ms. Liberto-Blanck said the applicant R:SUbmitted the CUP whid1 was re-approved by the City Council in January of 1986. pt2nnl!\g Director l.10e:ro-B1,.ftck gave die .rest of the background of this project stating that Mr. Zimmerman approach staff early this year zegmling insza11ing rel()l"~ohle classrcoms on the site and was advised a CUP would be mquired. She identified other similar projectS that required a CUP and provided reasons CUP's were ~tary for such requests. Ms. Libeno-Blanck advised the Commissioners that they would be making a recommendaIion to the City Council, as this was in a. Planned Development Zone. Mike Zimmerman, representing the applicant, gave reasons why he felt they should not be . required to submit another CUP, and that these modular units should be considered as part of phase I of their original CUP- Chairman Keen asked Mr. Zimmerman where on the property he proposed to put these units to which Mr. Zimmennan replied on the East end of the lower parking lot replacing ten parking spaces. Chairman Keen asked Mr. Zimmc:nnan how many classrooms them were at the present time. Mr. Zimmerman stated tbe.te were 9 classrooms and there was no office at tbe pftSeDt time, but an upstairs sound room is beir1C used for a ma.ke-sbift office.. Commissioner Tappan asked the applicant regardinc the schaal at this time ancf Mr. Zimmerman said they have had 3. pmschool for the past six yem and a grade school up to the e:ichth pade for the past couple of yeatS. Commissioner Tappan asked what the Dine cJamooms would be used for if it was only up to grade eighL Mr. Zimmerman ICSpOnded that they only had about 80 students now and they want to have appiopti. size clas~ for each. Also, he continued, they needed more classroom spaa: for the Christim Educa.non Department for SWldaJ momi:ng and so forth. Mr. Zimmem1an stated it would be a combined use plus ofticc space. Chairman Keen asked Mr. Zimmerman if the grades would be extended beyond tile ei&hth, to which Mr. Zimmerman mplied it would .remain at the eighth gI3de level, and they did JJat a.1'I~tc over ISO students at anyone time. . Commissioner Deviny asked the size of the proposed units and applicant xesponded 24 ft. by 50 ft. - --- - --.---.- ---- ,JUN-~'(-J..':::r=,:::> J.J.'~ '-~ I I U/'" ~IU ~I"""'" ~~'-..J~ I . -... . Arroyo GraDde pI~nftil1: Cmnmicci()D J.6age3 .TW'le 6, 1995 Phil Colemau, pastor of the c:hUl'Ch, also .spoke in favor of the project. The Commissioners questioned tbe applicants at.1eDgth l'C5iAding di1fermt asp:crs as to number of cIassroo~, offices, size of proposed modular UDiIs, and so folth. Some of the ccm~~ of the Commi~sioners were: . Would the number ot parking spaces still be snfficimt? . How would the units look from the street? . Would emergency v~l\icles have appropriate access to tbc=~? . Would the proposed increase in S1'Qdenrs involve a traffic impact? . Would the pIeSent alarm system be connected to these units? . Would the nfl!:igbbors have any opposition to the added units? It was unclear whether a weekday school was pan of the CUP originaUy approved.. The applicants conrinued to smre that they were opposed to filing for another CUP _ PWming Director Liberto-Blanck then suggested that the applicam provide the names and addresses of ~ neighbors within 300 fe:t of the project and another non-pubIic hearinl would be held for an ., inteIpretation. The applicants said mey did not want notic::s sent to their nqhbors. The Commissionez:5 continued to discuss with the applicant ways they might review this proposed addition without a CUP including architectural amendment with pIO~ owner notification, but the applicants swed they pxefer.red a denial by the P1~nnil'i Commission and they would go to the City Council. Commissioner CalT made a motion: · After due research and de1ibc:2tioq the P121U1ina Comm;~~Qn finds that the proposed reloc:atabh: dasaooms, subject to tt~~ and sitiDI appIu~ of the MC, City Engineer, and PlamUng Directory will take tbe pJace of c:IassrDom.s Dot " consaucted with piase I of the previous approvals 'and that now tbe:refore be it resolved that the Planning Commission hereby makes the inreqm:tation tbat inmr112tinn of two reI~~ble classrooms for a period not to exceed five ycm is pemIiuc:d under CondhinMt Use Permit Case No. 84-368 and ArchitectuIal Review Case No. 85-328.. Mr. Zimmennan stated it was two modular unitS, Dot two cIasstooms, far a total of lour additional cla.ssrcoms. When ColXlmi c.anuer em further questioned the appJicaDu about the units, the applicants .responded they were doubJe-.wide, split in half tEailer aaits.. Commissioner Caa withdrew his motion. . The following action was taken: TOTAL P.B7." -- _.....~_...._...------------~.- ------- ..I1./I"-C.I-.I.:;1:;..;I J..J..-lItJe.,I "-,,, I I "'-'I r...",..., I...... ......". '1.1.1.... ~-._~ ..- J Agenda J.tCm .NO. .u..L.l.:. . '-r-, TO: P~g Commission VIA: Doreen LiberTo-Blanck, Director of Planning FROM: Scott E. Spier1ing, Cw:rent Planner DATE: June 6, 1995 SUBJECT:" Request for IntetpreWion, Oak Park Foursquare Church . RECOMMENDATION: Staff recommends char. the Planniq Commission discuss the in~. J'P.quest:ing the applicant's representative to provide clarification as l'~saIj', and then adopt one of the two amched. resolutions. BACKGROUND: In 1984, the applicant received a Conditional Use Permit (CUP No. 84-368) for an ovenll sire . development plan for a two phased church facility. Before constrUCtion could begin on either phase, .aII Architectural Review (ARC) application had to be subm.itted, reviewed and approved. On May 28, 1985, the Cily Council approved ARC 85-328 for phase I of construction of the church. Before building permits could be issued, the CUP expired. The applicant resubmitted the CUP and it was re-approved by the City Council on January 27, 1986. In We 1986, building permits were issued for the church.' These permits zef]ecr a ~led-down phase L Several offices and classrooms were not included in the ~. doc:umems that were included in the approval of ARC 85-328. The churcb was cooscrucred per &:be c:onsuuction documenrs and has been occupied since the !are 1980's. In January 1994, Staff was made aware that the church was planning on becinning an danenrary , school on the site. Stiff researched the previous approvals and found notbiDg to imi~tP. that a school was permitted on the site.. Staff contacted Mike Zimmi!nn2n~ a .L~l~~'iYe:tbr me chUl'cl1 to inform him that the church should apply for a CUP for tbe school or at Jast an intcrpretaticn of whether the school was aUowcct at the site. In February 1994. Mr. ZimmcmIan informed stJff that the church felt that the school was permj~ uncfer their preYiaa appmvals and they felt that there was no reason to submit a CUP or a. request for intap.tr<f..I~OII School was scheduled to SW't in September 1994. " DISCUSSION: . Bawr this year, Mr. Zimmcnnan approached staff, on behalf of the c:Inm:h, about fttpm~g . relot-atable classrooms on the site. Staff indicaled that a CUP would be b:iIt~ This determination was consistent with past approval!. including: -- ...- ~ - - . .JU'l-4::'(-1.::,i~ J.J.'C.I. I,..J , J ur MJ'V',....,... .....,.,........... -- .PJ~"nj.,: CommimOD "-'...... .,....., ~'-' , . "'-r .,/ "Request for Interpretation Oak Park FouISquare Church JUDe 6, 1995 Page Two . rcl~tablc ~oms at Coasral Christian School; . a. rcloc:atable room at St. Patrick's Church; . a rclocarable da.ss:room at St. Patrick's School; and . the re10carable Rancho GIande sales office. The CUP process allowed review of the adequacy of parking, fire proteetion measures, and geneI2l use, location and architeCtUre of the unirs. The CUP also allowed the PWming Commission to place an expiration dare on the units so that they would not become permanent. The applicant's repxesentative asked that staff research past approvals for the church, ~ri~g that he felt that past approvals should be viewed as allowing the relDcatabJe unirs. Staff reviewed the CUP and ARC applications and still felt that a CUP and ARC should be tI!IqUited for the reJocatab1e units. However, staff told the applicant's representative that the church could file an interprer.a.tion request to be reviewed by the Planning Commission. The applicant bas filed that request (see attaChed). ~ Attached are reduced plans that were prepared for ARC 85-328. These plans show the site plan and floorpIans for phase 1. Phase II is shown in dashed lines on the site plan. Areas on the floor plans that have been "bubbled-in. were not constructed. It should be noted that three (3) additional classrooms were constrUcted on the same level as the medial sound room. These classrooms were not shown on the ARC drawings. Also attached are minutes and resolutions for the Planning Commission and City Council meetings that were held on this project. It should be noted that the applicant bas not addressed the issue of the school on the site. Sraff still feels that the applicant should submit a request for intcxptetation or a CUP for the schooL However, the applicant's represenrative does indicam in his letter that the church would like the reloc:ata.b1e units to be in place by the beginniflg of September. PLANNING COMl\1ISSlON OPTIONS l. The. Planning Commission may intctpret that iDsrallation of modular c1a.ssroom units is permitted under CUP 84-368 and ARC 85-328. ,Yy6) 0\01 ..,y 2. The Planning Commission may iDteqttet that mqal1anon of moduw classroom units is l/\Yi not pcrmiued without first applying and being gIatlted a CUP and ARC tor the units. Attachments: Letter from Michael ZimmemIan , Minutes, Resolutions and Sr.a:ff Rc:pons for CUP 84-368 and ARC 85-328 Resolutions ('2) Reduced plans for ARC 85-328 . - ..-. ..... .-... ------. .-......--... ..-. ................-. -'. :~~ ---. -- ---- -- -- .Mayor and Oty Council '. Request for IDterpt.etation, Oak Park Foursquare Chun:h <, June 27, 1995 Pale 2 . DISCUSSION: During the June 6th Planning Commission meeting, Mr. Zimmerman, and Phil Coleman., pastor of the Oak Park Foursquare Church, clarified sever:al issues. The church wants to instaJI twO.. '24.ft."x"SO:ft:moduIar units which would cansist of a total of four additional classroOms. The units would be located on the cast end of the lower parking lot replacing ten parking spaces. The church has nine existing classrooms. Mr. Zimmerman explained that a preschool bas been operating the past six years, and a grade school up to the eighth grade bas been opexaEing the past couple of years~ There are cur.rcntly 80 StUdents, but the applicant does not anticipate more than 150 students at anyone time in the fumre. , The Planning Commission asked the two Planning Comm;4:s1oners on the Planning Comm;wou at the time the project was approved in the 1980's whether the approval included a weekday schooL It was uncle.ar that a weekday school was part of the original CUP. Some, of the C9mmission concerns included the reduction in the number of parking spaces; providing adequate acc=ss to the modular units for emergency vehicles; potential increase in traffic due to an increased number of students; concems of the neighbors; and the aesthetics of the units. The Planning Commission suggested that rather rhan amend the existing CUP, an amended . architeCtural review with notification r.o the propertY owners within 300 feet of the Oak Park Foursquare Church miiht be appropriate. This would give all city departments an opportUnity to review the units and provide comments, as well as gain citizen input. The applicant inclicated they did not wane notices sent ro surrounding neighbors, and preferred a Planning Commission recammeI.'ldation of denial to the City Council. Two resolution are anached for Council review and consideration. Resolution #1 finds the proposal consistent with the original approval, and Resolution #2 finds the proposal noc consistent with the qinal approval AttaChments: June 6, 1995 Planning Commission Staff RcpoIt and Minutes Resolutions (2) Reduced plans for ARC 85-328 c: Pastor Phil Coleman Mike Zimmerman PJannin: Commission . c::.mo.oaa - -- ' CITY OF ARROYO GRANDE CITY COUNCIL NOTICE OF PUBLIC HEARING AND ENVIRONMENTAL DETERMINATION NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the City Council of the City of Arroyo Grande on the following item: CONDITIONAL USE PERMIT CASE NO. 84-368, AMENDMENT Applicant: Oak Park Foursquare Church Representative: Patty Clarkson Location: 900 North Oak Park Boulevard Proposal: Amendment to allow a preschool and elementary school within an existing church. Environmental Determination: Recommend Negative Declaration In compliance with the California Environmental Quality Act, the Planning Commission has .recommended a Negative Declaration on the above project. If the City Council does not feel that a Negative Declaration is appropriate, approval of the project will not be considered. Any person affected or concerned by this proposal may submit written comments to the Community Development Department before the City Council hearing, or appear and be heard in support of or opposition to the proposal at the time of hearing. Any person interested in the proposal can contact the Community Development Department at 214 East Branch Street, Arroyo Grande, California, during normal business hours (8:00 a.m. to Noon and 1 :00 to 5:00 p.m.). IF YOU CHALLENGE AN ITEM IN COURT, YOU MAYBE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY COUNCIL AT, OR PRIOR TO, THE PUBLIC HEARING. FAILURE OF ANY PERSON TO RECEIVE THE NOTICE SHALL NOT CONSTITUTE GROUNDS FOR ANY COURT TO INVALIDATE THE ACTION OF THE LEGISLATIVE BODY FOR WHICH THE NOTICE WAS GIVEN. Date and Time of Hearing: Tuesday, November 25,1997,7:30 P.M. Place of Hearing: Arroyo Grande Community CenterlWoman's Club 211 Vernon Street, Arroyo Grande, CA 93420 r1 (J.~ NANCY ~S, CITY CLERK --.--"--- I ' ," """:~', < pnoto Dy .(.jJ~~.,~II~ C' h h' "', ,;"'-:-. ':"'t~ ':':f'<( ':~:":""I' ",-,. -'.::. ,,} urc ,s 'reques.' ,or'C ~SSr9,()ltis rejected by PlanniilgCorrimission ",..J> . . " ~ . n y Tom Parsons These, . commissIoners Robert thatomer churches and organiza. Staff Writer Carr and .1ohn Keen s,aid, would UODS have been given approval te ARROYO GRANDE.;..... Pastor have been part of the conditional use move.moduIars ontO their proper!) Phillip Coleman and his parishioner permit if the facilities were origi.., without having to apply for anothe: and attorney Michael Zimmermannally int"",ded to be~ as~ school ,:conditional use permiL .: ,,;. '. may have ,to "turn the ~ther cheek" on a daily basis.':- ';;~~,;;~.:'~';,r':Y'~ ~: ,:~' 'Of the exampleS be gave. Doreen toward the City Council now that According Coleman, the' cburcb. ' Liberto-BIanck. the city',s directo: the Arroyo Grande Planning Com- ~l has about 80, students cur- of planning. '~ed two that mission has denied their request to remly registered. He.,~ that were in fact requjied to apply for a install two relocatable classroom the number would top out 81 about conditional use' permi~ ' units in the parKing lot of the Oak 150 in ~. IJext f~w years: .' Zimme.rmaIi'chaDg~ his assertion Park Foursq~ ~urch. , In additIon, be ,,~, emphasized to "some" were given approval. The church sIte IS located on the that ~e ,school ~as mtended solely Then upon further research, northeast comer of James Way ~ . for his congregation ~ the students Liberto-Blanck discovered that all Oak Park Boulevard. The actIon W(:re members' of his church. the cases '7:___ bad . !as Tuesda" . f Later. th "':____8: C I .wuwJGIUUW gtven as came at . t .y ~ m~ung 0 m e WM..~ons, 0 eman examples stipportingdle church's the Planning CO~Slon.. " changed that figure ~,,50 percent of .., ' , . The issue, according to comments the students'81 the school were pos1~on had, 10 ~, contrary, ~ " from the commissioners,' was not members of his cOngregation. .requlred to~btam the perDllts whether the church should have Also in,~ origiDaI, arguments through the n~ process.."_,:,, classrooms on the property, but presente# tct: the' ,cpmmission and However. the info~on which whether the church was attempting recorded}n Jbe ~ute.!!. ~ 1984 finally bottomed the scale on the to circumvent City ordinances by 'w~e 'thereriiarbfromone sup- negative side against the church's pronosingl(U~clucie ~ete11?-D(}~ porter.,WI:1~~,that be.~feeIs this request was the rea1i~on by the uni~-:'in t1i(J;nm:~n,:'~::k'~~~~;~ us((~':,~~),,'j~,~~t~rt,9r:'!he coIJ1P1:ission .th,a~the "two' m~du1ar permit. :,"". :.. "co~umty tbim '1De...~lrU~hood buildings would have two class- "They're 'putting in'_something cOmInercial"(prOject)'bCca\ise the ~mseach. ;' ",,,":'~ that was not part of the original traffic gen~ I:?y a .church takes The approved number of, class- building," noted commissioner Bill place primarily on Sui1day~" rooms in the original conditional use Deviny. "So if they want to change, Commissiorier"J:oJm Soto sug- permit was limited to 10. Coleman then they should go back through for gested the possibility that the panel and Zimmerman admitted having 11 the conditional use permit." could help the church through an classrooms in use even now for the However, Coleman expresse:d his abbreviated approval process if the school. concern about receiving a favorable church would supply the commis-. The next step for the church is response if he had to take his request sion with a list of neighbors within either an appeal of the commission's through a public hearing process. 300 feet of the property so they negative resolution to the City He and Zimmennan were also could be notified. ' Council or an application for an. concerned about the cost of such a Coleman turned down the offer architectua1 review and conditional process, which could require another because it would still involve a pub- use permit. .' "'" : ,'~, ,. environmental impact repon.' lie hearing." , 'Coleman' and Zimmennan indi- ,However, as the discussion prog- Zimmerman also ,tried to assert cated they woUld pursue an appeal. ressed. commissioners began to , ..,', ,".~ ",~", ~~~" ,', ' . .' '>. question even the use of th~ class- ...'. , .:~ .'~ "~~,~;,=..,, '... ;' " ' .': , ''',', "', rooms on the property because the~"1, .... ,00' .... ' church intended to use,the new fa- '.." ..... , "PA.~NEU'- '. ..... . ';;'" cilities for a daily-attended e1emen-:,;, '.' '.. "~' IN YOU. . ','.1-, .. .. ",: -- t<trv school .',' 111111( III , ,,- ...-. J . : . . ~~ __ '. ; 1',) ,'_ ...,~: .1'..... . ;-".r':". 'i. ", Mt. .';-". ~ / The ongmal conditIonal use per- ",,; ':--:. :.\";"~~";;="" COM,. ',:., ,.,./. ,', . .. mit, granted after an appeal, to the . ,:: ;,,~>,6t~!q-i:'i~;"j:;i'" ;" ,"~: :> " ',',' ;;,/~': ~', '; City Council in .1985. was issued for "-":"-:-'~"':':,~~MIJj.:.STATE BANK ';-: -, ..;<, classrooms desIgnated fior' Sunday ".. ,.~$<... ,:I.. , , ' . _." ...:......~~,....-r.~'~~~.. .:... ~ 0;.........;...' ftf. I . ',::'.;" . .." ~~;.-~it ...;.... ...~;;..-. '~': ." :~~r=:o~~:O:o~:: VF,WC1.1J~,:'~rrO~~Ip.YQ~...Move . '. . ",.: :,;'.. ..+'....'~."....' 'rttm',. .~., ",.-.."-'!"~:'ijN ~ '.-.....~',"': ''',i'd'' Sloners pomted out. :,..';,,'~,d.' ',' it"'~r.}.Q,' . '.', our'e' ome ",'~!' ,_..1__""". ~r,.._,.... As suppon for their uuug~l4UU- . . >'f.' ..' ',< f' ': ':'. , ,;;-u.'... ' ing of the conditions which existed 10 years ago, commissioners noted the lack of issues addressed in the original application, such as bus ac- cess and a traffic swdy. - ~ I .JUI'-, (- J.JJ;;) J.J.'~J. \..! I' ur nlV<.U I U ~'UJC:, ~.,.,--~ I .ou.", --AY 1 " M... G 1995 &"AW 0""'C:1:5 ..i .."'ORew ~V'CI D a.vid 4 Zimmerman << Zeilenga. r ....CIo4.1:1. zr......c.....'" aZ7 EAST .....CIot ","cC'\" A_ItA COClE .OS " .a.ERT :I:II.ENG.A PCS? OrFICl; lICK ,.. TELE""ONE ......70S ~ Grade.. Ga1ib:sia 93421-_ Hay 10, 1995 CITY OF ARROYO GRANDE PLANNING DEFT. Re: OAK PARK FOURSQUARE amRCH Dear DOREEN: I aJn writinq this letter on beha..lf of Oak Park Foursquare Church where I am a member. As we discussed, the church applied ~or and received a conditional use p8-~t when we built a portion o~ phase one af our church facility in 1984. We are now in need of additional classroom space, and. when , "- ... checkinq on get~inq a permit for some modulars a question was ,..,.: . raised as to whether or not this would be included under our eXistinq use permit - Obviously, we th.inJc it should be. It seems to us that addinq classroom space is clearly within what vas intended in our 2 phase proj ect. We are neecU.nq to go with m.odul.ars at this time Wltil we can save enouqh money to build permanent bui~din9's in completinq phase one and into phase two of our project. It is anticipated that the modulus will be USaQ tor approximately 5 to 8 years before we will be in a position to buil.d.. You have asked us to 'let an iDterprata:t:ion from the planninq commission reqardinq the scope of our use penU.t- This leti:er shall constitute the request for said interpretation. w. have a.lso enclosed the $37.00 f.. tor SUI.. It would be greatly appreciated if this matter would be placed on the planninq commissi.on aqencia on the earliest opportuni t:y. W. need t:o have the Duildinqs in place and ready to occupy by September 1., 1995. Thank you for your attention to this matter. Sincerely, KI~ 'J'T. ZI1Ul~~..ns.N' ---..-.......--- '" '" , . To Whom It May Concern, November 19, 1997 I am writing this letterin response to the proposed approval of Oak Park Foursquare Church's petition for a school permit. I live adjacent to the Church's property, at 1040 Robin Circle. For some reason, I did not receive initial notification of motions pending on this issue; I hope it isn't too late to express concerns. In order for you to make an informed decision in this matter, you need all pertinent facts. In the following paragraphs I will outline the church's historical relationship with its neighbors. I know that certain of these issues may not directly impact the current one, but I wish to create a record to insure that what occurred in the past will not be continued. as I Wlderstandthat the church has a new, and hopefully more amenable, pastor. ' , Several years ago, we bought our house, at which time there was a natural hillside behind our fence, on the church's property. This was before any improvements had been started. We never had any problem with drainage (into our backyard) because the natural water-drainage slope was intact. At some point, the church began to grade the land behind our house, and all its property adjacent to the homes on Robin Circle. I was concerned about drainage from the moment they began to alter the natural contours of the hill, without apparent awareness of any possible consequences. I went to see Scott Spierling, who showed me the plans of the church's property, and explained to me, in detail, what improvements had been approved, ie grading and compacting earth. I tried to talk with Mr. Van Laum, who, at the time, was the city engineer in public workS. He belittled my concerns and told me, literally, not to bother him again. The pastor of the church was also very offensive in his behavior, at one point knocking on my front door and threatening me with a lawsuit (!); at the least, he told me, if I made any more objections to what he was doing, he was going to have dirt dumped behind my house until it reached 'the sky', because that was his right. Needless to say, I backed off; I was terrified of Phil Colman, the pastor. However, I watched as they graded and added earth far beyond the determination of what Mr. Spierling had indicated. As it stands now, the grading was never amended to bring it back into compliance with the law; nor was any drainage ever provided, even in the promised form of a 'French drain', at any point along the affected property. Consequently, drainage into our backyard and house is a constant winter threat, and much damage has already been done further down the street, at the homes of the Holbrooks, as well as their neighbors: In addition to this, the church has seen fit to prop all its extra pipes (pipes which ought to have been put to use, I assume) against our fence, as well as many other objects, which further obstructs drainage. I feel, as a very concerned neighbor of the church, that if you are going to approve any expansion of their (illegal) school, you should, in good conscience, bring the present improvements into compliance. I feel that this responsibility falls on the city, regardless of how I was treated by Mr. Van Lauro, as it is YO!J,r offices which approve or disapprove such improvements. It is very WlsettIing to feel that my city, to which I contribute, doesn't care enough for its individual citizens to follow through on compliance, to make sure that what it approves is done correctly to the letter of the law. I thank you for considering my cOncerns, and for reading this letter. City of Arroyo Grande commoolty Development Dept. Sincerely, HOV 1 9 1997 [j"" ~ ~ ~C ~r~ - . ______uu._________ . ~ c . SOURCE LIST: 1. City of Arroyo Grande General Plan 2. City of Arroyo Grande General Plan Land Use Map 3. City of Arroyo Grande Development Code 4. City of Arroyo Grande Zoning Map 5. City of Arroyo Grande Existing Setting and Community Issues Report 6. City of Arroyo Grande General Plan EIR 7. Air Pollution Control District Clean Air Plan 8. FEMA - Flood Insurance Rate Map 9. Project Description 10. Project Plans 11. Site Inspection 12. Ordinance 431 C. S. 13. Institute of Traffic Engineers (lTE) Trio Generation Manual EXPLANATIONS: The site is currently developed with a church. The existing Conditional Use Permit does not allow for the operation of a school. The applicant is proposing that a preschool and elementary school operate within the existing facility. The site is at the corner of Oak Park Blvd., a four lane arterial street and James Way, a two-lane collector street. The majority of trips will be in the morning and afternoon when students are dropped off and picked up. The school has been operating since 1990 with a current enrollment of about 173 students. Though the school has been operating without a Conditional Use Permit, there has been an increase in vehicle trips. These increased trips have not had a significant impact to traffic flows on Oak Park Blvd. and James Way. The additional trips that could occur as a result of full enrollment of 244 would increase the number of existing trips, but is not considered significant. Therefore, the increase vehicle trips on Oak Park Blvd. and James Way is not anticipated to have a significant impact on the environment. ~ - --"--~---_..__.._.._~---_.__.._..~..- . ..........-c;r-...I.:;,":;I;;;> ..1.10';;;>:;' '- J. I T ur ,.,""'... '''' ,"",", u..c:. ~ ........, u-M....I...... I .~_ C-.... ~ From ' Phone , 4.,.3 -54 ~O FU.78 _ d.~ ~~ . . . ._.. TO: Mayor and City Council . VIA: Rick TerBorch, Interim City M:an:agcr FROM:. Doreen Libeno-BJanck, DirI:ctoi of p1:mm"g SUBJECT: Request for Inrerprmtion., Oak Park Foursquare Church (Location: 900 Oak Park Boulevard) . DA TE: June 27. 1995 RECOMMENDATION: The Planning Commission recommends that the City Council ma.ke an interptetaaon that insf2l.1aoon of modular classroom units is not permitted without first applyi11l for and being ~ gIanted a conditional use permit and arc:hirectwal review for the units. BACKGROUND: A conditional use permit (CUP) was approved m 1984 for a two phased cbtirch facility 1oc~ at 900 Oak Park Boulevard. In 1985 I the Ciry Council approved aId1irectur2l review for phase I of the church. In 1986, a. building permit wa." issued for a sca.Ied-down phase I. with several offices and classrooms not included in the consttuction documents chat were approved as part of the architeCtUI'3i review. . In 1994, staff discussed the proposed Oak Park Foursquare Clurch weekday school with Mike Zimmerman (reptcsentative for the church), . iadic:atin& that aft=' IeYiewiu& me CUP and ~ review files, it was unclear whethf!r a weekday scl100l was iDcludeci as put of the original approval. Mr. Zimmerman felt the weekday school was pm of tbe orig;m.1 ~!ilovaL Earlier this year. Mr. Zimmerman asked staff about Dlft'SI1WI ~t2hle c:1assrooms on the site. Staff indicated a CUP would be required, which is consistent with past approvals on similar requests. Mr. Zimmerman felt the modular units should be cansideted as pan of phase lof the original CUP and architectural review. The church submitted an intcrprerarion request for PlanniDg Corumiftiou and City Council review. On June 6, 1995, the Planning Conuniqift'C7 COIISi.dcn:d the iDreqkemri<m, and after a. lengthy discussion, made the above recommen:darloa (see June 6, 1995 PJuDiDg Commission staff repOIt and MinuteS for more information). Sina: the c:hurch is 1",...u:d ill. a Planned Development (PD) project, the Planning O1mm;~~n makes a n:commeu411Uou to the City Council. C:\D(4)61 .----..---- ---- , f i . . Conditional Use Permit 84-368 Amendment Oak Park Foursquare Church November 4, 1997 Page 2 . BACKGROUND: The existing church was approved by the City Council in, 1984 for a two phased church facility. In 1985, the Council approved ARC 85-328 for Phase I construction of the church. Subsequently, the Conditional Use Permit expired and the City Council reapproved the project in 1986 (reference attached resolution). In 1987, the church' completed construction of a scaled-down Phase I that did not include offices and classrooms as shown on the approved plans. Phase II has never been constructed (reference attached map). The church is requesting the Conditional Use Permit (CUP) be amended to allow the operation of a preschool and elementary school within the existing building. However, the school has been in operation since 1990 (reference attached letter from the church). Approval of the CUP Amendment would bring 'the school into conformance with City Code requirements. DISCUSSION: The applicant is requesting an amendment to the Conditional Use Permit to allow a preschool and elementary school within the existing building. The applicant has indicated that the current enrollment is about 80 students for the preschool and 93 for the elementary school. The church is requesting that the CUP allow a maximum of 90 preschool students and 1 54 elementary students, for a total of 244 students. According to the Fire Chief, a maximum of 244 students could be accommodated within the existing building. However, the school would need to obtain State approval for an increased to the preschool class size. The school has been operating since 1990 with a current enrollment of about 173 students. Though the school has been operating without a ~onditional Use Permit, there has been an increase in vehicle trips from operating the school. These increased trips have not had a significant impact to traffic flows on Oak Park Blvd. and James Way. The additional trips that could occur as a result of full enrollment of 244 students would increase the number of trips on Oak Park Blvd. and James way. However, the increase vehicle trips is not anticipated to be significant. The building was constructed in 1987 and all applicable fees were paid at that time. The Staff Advisory Committee (SAC) discussed whether the traffic impact fee should. be paid for the school. The SAC recommended that no traffic impact fee be paid for the school because the classrooms used by the school were ,constructed as classrooms, and have continually been used as classrooms since 1987. ISSUES: The existing building has a fire alarm system that has not been State certified. Consequently, the Fire and Building Department has recommended a condition of approval that the fire alarm system be certified by a Fire Department approved contractor (condition no. 9). This would ensure that the fire alarm system would operate to the current standards required by the Uniform Fire Code (UFC). Otherwise" all other building and fire code requirements are in compliance. _._-- ~---~._~ . " ~. ~. City Council Conditional Use Permit 84-368 Amendment November 25, 1997 Page 2 of 3 The school has been operating since 1990 with a current enrollment of about 173 students. Though the school has been operating without a Conditional Use Permit, there has been an increase in vehicle trips from operating the school. These increased trips have not had a significant impact to traffic flows on Oak Park Blvd. and James Way. The additional trips that could occur as a result of full enrollment of 244 students would increase the number of trips on Oak Park Blvd. and James Way. However, the increase vehicle trips is not anticipated to be significant. The building was constructed in 1987 and all applicable fees were paid at that time. The Staff Advisory Committee (SAC) discussed whether the traffic impact fee should be paid for the school. The SAC recommended that no traffic impact fee be paid for the school because the classrooms used by the school were constructed as classrooms, and have continually been us~d as classrooms since 1987. The existing building has a fire alarm system that has not been State certified. Consequently, the Fire and Building Department has recommended a condition of approval that the fire alarm system be certified by a Fire Department approved contractor (condition no. 9). This would ensure that the fire alarm system would operate to the current standards required by the Uniform Fire Code (UFC). Otherwise, all other building and fire code requirements are in compliance. In 1995, the church did some grading on a vacant portion of the property adjacent to the north property line. As a result, the Public Works Department received several complaints. Consequently, the Public Works Director met with the church and concluded that several actions were necessary to rectify the grading (reference condition of approval no. 10). To date, the church has not complied with the actions as outlined in the letter identified in condition of approval no. 10. Therefore, condition of approval no. 10 requires that the grading modifications occur no later than December 15, 1997. A public notice was sent to all property owners within 300 feet of the proposed project, and a public notice was placed in the Times-Press-Recorder. Prior to the Planning Commission meeting, staff received one letter from Tom and Claire Holbrook who live adjacent to the north property line at 1024 Robin Circle. They have expressed several concerns regarding the church operations (reference attached letter). Subsequent to the Planning Commission meeting, staff received a letter from the Petersons' , adjacent residents, regarding the drainage issue (reference attachment) . In responses to the Holbrook's concerns, the following conditions of approval have been added: condition no. 10 requires that the grading issue be. resolved by December 15, 1997; condition no. 5, requires all lighting be shielded; and, condition no. 8 requires that the school van be parked on the south end of the parking lot. -- -----..-.--. J 7.11., CITY OF ARROYO GRANDE CITY COUNCIL MEETING NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the City Council of the City of Arroyo Grande on the following item: APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY. Applicant: M.M. DeGroot, owner, DeGroot Enterprises, dba Santa Maria Valley and Solvang Taxi Proposal: The Council will consider an application for a Certificate of Public Convenience and Necessity from Santa Maria Valley and Solvang Taxi for the operation of a taxicab service within the City limits of Arroyo Grande. Representative: Rick TerBorch, Chief of Police Kelly Wetmore, Director of Administrative Services/Deputy Clerk Any person affected or concerned about the proposal may submit written comments to the Director of Administrative Services/Deputy City Clerk 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 Administrative Services Department at 214 East Branch Street, Arroyo Grande, California, or by telephone at (805) 473-5414 during normal business hours (8:00 a.m. to 5:00 p.m.). IF YOU CHALLENGE AN ITEM IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY COUNCIL AT, OR PRIOR TO, THE PUBLIC HEARING. FAILURE OF ANY PERSON TO RECEIVE THE NOTICE SHALL NOT CONSTITUTE GROUNDS FOR ANY COURT TO INVALIDATE THE ACTION OF THE LEGISLATIVE BODY FOR WHICH THE NOTICE WAS GIVEN. Date and Time of Hearing: Tuesday, October 24,2000, 7:00 p.m. Place of Hearing: Arroyo Grande City Council Chambers 215 East Branch Street ~t!!ur IA ,dtkj1ffU- Arroyo Grande, CA 93420 Kelly VVetmore Director of Administrative Services/Deputy City Clerk Publish 1T, October 13, 2000 _...,._--_.~.__._-~-----~ -~-_._-_.-.- MEMORANDUM TO: CITY COUNCIL FROM: KELLY WETMORE, DIRECTOR OF ~STRATIVE SERVICES ~ RICK TerBORCH, CHIEF OF POLlC SUBJECT: APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY - DE GROOT ENTERPRISES, dba FIVE CITIES TAXI SERVICE DATE: OCTOBER 24, 2000 RECOMMENDATION: It is recommended the City Council 1) Conduct the required public hearing; 2) Determine whether the public convenience and necessity require an additional taxicab service within the City limits of Arroyo Grande; and 3) Adopt a Resolution granting a Certificate of Public Convenience and Necessity subject to full compliance with all conditions and requirements of Title 5, Chapter 10 of the Arroyo Grande Municipal Code. FUNDING: City Council action on this matter will have no fiscal impact. DISCUSSION: Title 5, Chapter 10 of the Arroyo Grande Municipal Code sets out specific requirements for the application and operation of taxicab companies within the City limits of Arroyo Grande. Taxicab companies must obtain a Certificate of Public Convenience and Necessity from the City in order to commence operations. As part of the process, the City Council must conduct an advertised public hearing and determine if there is a public need or demand for additional taxicab service in the City. Currently, Central Coast Taxicab Services is the only taxicab service operating within the City with an approved Certificate of Public Convenience and Necessity, and also serves as the provider for the City's Senior Taxi Program which is administered through South County Area Transit (SCAT). At its June 13, 2000 meeting, the City Council approved a Certificate of Public Convenience and Necessity for Beach Cities Taxi to be operated by Jeff Goldenberg. However, at this time, Mr. Goldenberg has not yet fulfilled all of the necessary requirements to obtain his Certificate of Public Convenience and Necessity to commence operations. The City has received a proposal from De Groot Enterprises to operate a taxicab service in Arroyo Grande which will be called Five Cities Taxi Service. De Groot Enterprises currently owns and operates Solvang Taxi and Santa Maria Valley Taxi companies. Mr. De Groot also submitted applications to the cities of Grover Beach and Pismo Beach for Certificates of Public Convenience and Necessity, which were approved on October 2, 2000 and October 17,2000, respectively. Mr. De Groot is proposing to start his business in this area with one taxicab and add more if needed. He will be using new Ford Windstar mini vans that hold six passengers. The color scheme, white with green lettering, will be the same as he is currently using in Solvang and Santa Maria. This color scheme is different from the other two approved companies. Mr. De Groot has indicated that he will not be opening an office in the Five Cities area until business warrants doing so. He will be hiring drivers from this area and will be finding a suitable location for the exchange of cabs after each shift. He indicated that in Santa Maria and Solvang, he obtained permission from local businesses to allow drivers to leave their personal vehicles in the parking lot during their shift and to exchange the cabs. He is hoping to make a similar arrangement with a business in the Five Cities area. Mr. De Groot has indicated that he will be charging $2.00 per mile with a $5.00 minimum charge. Effective October 1,2000, Central Coast Taxi increased its pickup fee from $2.00 to $3.00 and continues to charge $2.00 a mile. Should the Council approve Mr. De Groot's application, he will be required to comply with the following: a) submit his vehicles for inspection by the Police Department; b) supply evidence of the required insurance; c) obtain a business license; and d) obtain taxi driver permits from the Police Department for all drivers prior to the Certificate of Public Convenience and Necessity being issued to commence operations. AL TERNA TIVES: The following alternatives are provided for Council's consideration: - Approve staffs recommendation; - Modify staffs recommendation; - Do not approve staffs recommendation; or - Provide direction to staff. Attachments: 1. Resolution conditionally approving the issuance of a Certificate of Public Convenience and Necessity; 2. Mr. De Groot's application to operate a taxicab service in Arroyo Grande; 3. Municipal Code - Title 5, Chapter 10 "Taxicabs"; and 4. Certificate of Public Convenience and Necessity form. Attachment 1 RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE GRANTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO FIVE CITIES TAXI SERVICE FOR THE OPERATION OF A TAXICAB SERVICE WITHIN THE CITY LIMITS CONTINGENT UPON FULL AND TOTAL COMPLIANCE WITH ALL CONDITIONS AND REQUIREMENTS OF TITLE 5, CHAPTER 10 "TAXICABS" OF THE ARROYO GRANDE MUNICIPAL CODE WHEREAS, Five Cities Taxi Service, owned and operated by M.M. "Dutch" De Groot, has applied for a Certificate of Public Convenience and Necessity to operate a taxicab service in the City of Arroyo Grande; and WHEREAS, a public hearing to consider the application for a taxicab service was duly noticed and held on October 24, 2000; and WHEREAS, the City Council has determined that public convenience and necessity require , the additional taxicab service operating within the City limits. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby grants and bestows a Certificate of Public Convenience and Necessity to Five Cities Taxicab Service, contingent upon full and total compliance with all the conditions and requirements of Title 5, Chapter 10 ''Taxicabs'' of the Arroyo Grande Municipal Code. BE IT FURTHER RESOLVED that if the conditions and requirements of the Arroyo Grande Municipal Code are not met by the applicant, the Certificate of Public Convenience and Necessity will not be issued. 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 October, 2000. RESOLUTION NO. 3448 PAGE 2 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY .....-...._-. M.M. DE GROOT, dba Attachment 2 P,O.BOX 92 ...... SANTA MARIA V ALLY & SANTA MARIA, CA 93456 SOLVANG TAXI RECEIVED SEP 13 2000 ARROYO GRANDE ADMINISTRATIVE SERVICES Santa Maria Sept, 12. .2000 CITY OF ARROYO GRANDE P.O.BOX 550 ARROYO GRANDE ,CA. 93421 MEMBERS OF CITY CONCUL MY NAME IS M.M. I DUTCH' DE GROOT I LIVE ON 2922 STARDUST DR. SANTA MARIA, CA. I FILE THIS LETTER WITH YOU TO REQUEST A PERMIT TO OPERATE A TAXI IN YOU CITY. I OPERATE A TAXI IN SOLVANG AND IN SANTA MARIA. I LIKE TO START OUT WITH ONE CAB AND THAN ADD MORE IF THAT IS NECESARRY. I WILL USE NEW FORD WINDSTAR MINI VANS THEY HAVE PROVEN VERY USEFULL AND WILL HOLD SIX PASS. FOR COLOR AND SIGNS SEE PICTURE. I HAVE PUBLIC LIABILITY INS. AS REQUIRED BY THE CITY MY TPC # 151805 IF YOU NEED ANY MORE INFORMATION I BE GLAD TO SUPPLY THAT TO YOU. SINCEREL Y ~-- "- .. ,.," ".~~-,. ..' - ".-.-- .....' ~ Attachment 3 5-10.01 5~.10.01 GH.fi..PTER 10. T AXTCABS .' , Sec. 5-10.01. Definitions. For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows: (a) "Street" shall mean any piece of road commonly used for the purposes o~ public travel~ (b) "Driverll shall mean every person in charge of, or operating, aIIY pas.:: enger-(~a.:,r'r'~-i ng mo t;or:~'p:::'o ge1J.8d vehicle, either as agent, employae, or otherwi~e, of t"l1€: O~:J:rler, as the ovmer, or under the direc1;ion. of the ovm.er. ( I.~) "Driver':: Iermi.""'''''~11 ""~n a -ermit ie."'u""-:'l b-v tb~ . '.... ,t.: ~Io.."'_'_~'" u....JO_. tJ . ...,;(j _.... "" ~_ . Ch' f f Pl' t . -. 'd ~ '... . t . ~e 0 _ O_,1.:~e '0 an .::.n':1.1Vl,. ua.,J., person p-erm.1t:t1.ng tna't: peI'son -0 drive a taxicab UpO!l the stT.'eets of the C:i.'Cy" (d) "Oert:i.f tc-.at e!! shall ru.ea..'1 a z.;ertificate of public convenience a...T1.d r1'2:(;.\?:::5i"t:y i ':3suei by' the Cotlneil. (e) 'IO~'m~r'! shall n.~eall and. inclu.de every person mming , , or having the use or c-.Ollt:rol. of a.ny taxio;,~ab.. (f) rrRate card!' shall mea...'1. a card provided by the o\omer of a size and type to be specified by the City Clerk for display in each taxicab, \'lhic.h. c.a.rd shall set; forth the rates of fare. then in force. (g) "Taxicab:! sh5.11 mean a motor-propelled passenger- carrying vehicle used for the transportation of passenge,rs ".rho direct the route to be traveled OITer the streets and not operated over a fixed route for compensation. (h) IITaxie;ab stand.'! shall mean a. public place alongside the curb of a street or else\.,here in the City whic,h place has been 1.67-.1 Reprint No. 9 - 9'~30<..73 - ..~--_._------ 5-10.01 5,-10.02 designated by the Council as reser~ed exclusively for the use of a holder of a certj.ficate of public 00nveIiience and nec.essity. (Sec. ~, Ord. 91 C.S., eff. September 13, 1973) Sec. 5-10.02. Certificates of public c.onveni.ence a.nd nec(;}ssit~ , reQuired. (a) Applic.ations. It shall be unlawful for any person to engage in the business of operating any taxicab in the City without first having obtained from the Council a certificate of public convenience and nece8sity~ All persons applying for such certificates shall file wii::h the CO".lllcil a verified application \.,hich shall set forth the following: (1) The name 81"La. address of the person making the application; (2) Ii' , at the time of making the application, such person is actua.lly operating a taxicab service in the City, the number of t;axi08.bs ovme.?- and opera,ted therein by the appli- cant; (3) The numb~r of ve4icles for which a certificate of public convenience ~d ne0essity is desired; (4) The make, type, yeax of mBIlufacture, and passenger seating capacity of each taxicab for which the applica- tion for such ceI~ifi0ate is made; (5) A descriptio~ of the proposed color scheme, insignia, or any other distinguishing characteristics of the taxi- cab. In this respect, no .t\'lO' (2) taxicab companies shall have the same color scheme; and (6) Such other information as the Council may require. 167.~2 Reprint No.9 - 9-30-73 ---------- 5-10.02 5-10.02 (b) A;eplications: Hearings. Upon the filing of the , fully completed application for the certificate of public convenience and necessity, the City Clerk shall fix the time for a public hear- ing thereon before the Council for the purpose of determining whet~er the public convenience ~~d necessity require the proposed taxicab service '" No certifica.te shall be granted until the Council shall, after the hearing, declare by resolution that the public convenience and necessity require the proposedt:axicab service. (c) .!2plications; Hear'ings: Noti-=<..3~o Not:i(:~e of the . time and place of the public hearing before the Council shall be published once in a nevlspaper of general circulation in the City ten (10) days prior to the beaxi.ng. The eost of such publioation shall be at the expE:nse o.f t~e appl.:Lcar..:t '" ... Cd) ~eterillination: Gri~eria. In determining 'v'rhet;her the public conveni.ence a...rtd necessity rsquire the taxic.ab sarvie.e for ~'rhich the a.pplication )..2 made ~ the Cou..71(.,;il shall investigate and consider: J (1) The demand of the public for additional taxicab service; (2) The adequacy of the existing taxicab servi.ce; (3) The fina...71cial responsibili.ty and experience of the applicant; (4-) The number, make, and type of the equipment and the color scheme to be used; and (5) The effect which additional taxicab service may have on traffic congestion and parking and whether such ser- vice \V'ill result in a greater hazar'd. to the public;. ( e) Issua...71ce. If the Council shall, by resolution, ..- - 167-3 Reorint No. 9 - 9-30-73 - - ---..-..'----- --.- 5-10.02 5-10.02 declare that the public convenience and ne~esaity require the addi- tional taxicab service, a certificate to that effect shall be issued to the persons entitled thereto; provided, how~ver, the Council may, at its discretion, determine the c~aracter ~~~ number of permits to be granted to f~'nish necessary service; and, pro- vided, further, no certificate authorized pursuant to the provi- sions of this chapter shall be issued to any person \olho shall not have fully complied with all the. necessary requirements of this chapter.. (f) Existing operations. Ths provisions of this sec- tion shall not effect the nltmber of taxicabs operating with valid permits on September 13, 1973= (g) Canc-.el.lation c If the service permitted pursua.Tl"t: to the provisions of this ~hapter is fer an;r reason discontinue,d for a period of forty-five (45) days, the certificate granted shall be automaticall:r canc~lled elld. st.all be restoreil only in accordance with the provisions of this section. eh) Sales and t~arrsfe~s~ If ~1 o~mer sells or transfers title to a taxicab for which a certificate has been issued, or in the event a taxicab for \'Thi.~h a certifieate ha.s been issued has been destroyed, such o\1I1er shall be ent;i tIed, as a matter of right, upon written application to the COUI1Cil made within fifteen (15) days after such sale, tr&~sfer, or destruf;tion, to have a ne\., certificate issued, but for no greater number than sold, trans- ferred, or destroyed, provided such owner has complied with all the provisions of this chapter. (i) Revocation ~T).d suspension. The Council may, at any time, revoke or suspend the certificate granted on the following 167~/+ Reprint No.9 - 9-30-73 ~-10.02 5-10~04 grounds or any of them: (1) If the owner's record is unsatisfactory; (2) If the owner fails to operate taxicab:; in accordance with the provisions of this O1apter; (3) If the owner discontinues or suspends operations of taxicab:; for a period of thirty (30) days without peITl1ission first had and obtained; and (4) If taxicab:; are operated at a rate of fare other than that filed with the aty Oerk. (j) SUrrender. All certificates which shall have been suspended or revoked by the Council shall be surrendered to the aty Oerk. (Sec. 1, Ord. 91 C.s., efl. September 13, 1973.) ~ 5-10.03. License ~ No certificate of public convenience and necessity shall be issued or continued in operation unless the holder" thereof has paid an annual license tax as set forth in Section 3- 1.419 of Articie 4 of Ctapter 1 of Title 3 of this Code. Such license tax shall be for the calendar" year and shall be in .addition to any other license feeS or charg~ established by proper authority and applicable to such holder of the vehicles under his operation and conti-ol;" provided, however, whenever any vehicle is placed in service after the beginning of the calendar year, the tax for such vehicle shall be prorated on "a monthly basis. (Sec. 1, Ord. 91 C.s., eff. September 13, 1973) ~ 5-10.04. Certificates Q( ~ convenience. aoo necessity: Transfer. No certificate of public convenience and necessity may be sold, B$igned, mortgaged, or otherwise transferred without the consent of the Council first had and obtained. (Sec. 1, Ord. 91 C.s., eff. September 13, 1973) 167-5 Reprint No. 41 (1/1/88) 5-10.05 5-10.07 ~ ~-10.05. ' Ident~ ~ am inSignia .', Each holder of a certificate of public convenience and necessity sh8ll keep on file with the Oty Qe:k a statement of the name under which he is doing business, the color scheme by which his taxicaoo will be marked and painted, and the iffiignia to be carried on such taxicaoo. Such color scheme and insignia shall conform to the application of the holder on file with the City Qerk. All taxicab:; operated by the holder of such a certificate sh8ll be painted and , marked in accordance with the statement currently on file with the City Clerk. No holder of a certificate shall file' any statement of colors, markings, or insignia which is the same as, or similar to, the colors, markings, or insignia then currently on file by any other holder of a certificate. Each taxicab shall, in plain view on the exterior 'thereof, have the business name and address of the owner painted in letters at least one-half (1/211) inch high. (Sec. 1, Ord. 91 e.S., eff. September 13, 1973) ~ 5-10.06. Periodic inspections: y~ ~txnent am maintenance. Prior to the use and operation of any vehicle pursuant to the provisions of this C1apter, such vehicle shall be thoroughly examined and inspected by the Police Department and found to cCXT{>ly with all of the laws of the State and the City and with such reosonable rules and regulations for, safety as may be prescribed by the Chief of Police or by the Council. Every vehicle operating pursuant to the provisions of this C1apter shall be periodically~ted by the Police Department every six (6) mmths to insure the continued maintenance of safe operating conditions. A fee, as established by resolution of the City Council, for each inspection shall be paid to the City. In addition, every vehicle' operating pursuant to the provisions of this chapter shall be kept in a clean and sanitary condition. (Sec. 1~ Ord. 91 C.S., eff. September 13, 1973, as amended by Sec. 1, Ord. 361 C.5., eff. November 13, 1987) ~ 5-10.07. Refusal !Q. ~, passengers: Prohibition Q( drivers. (a) It shall be a violation of the provisions of ,this Chapter for any driver of a taxicab to refuse, or neglect to convey any orderly person upon request unlesS previously engaged or unable or forbidden by the provisions of this C1apter so to do. No driver of any taxicab shall solicit business for any hotel or rootel or attempt to divert patronage from one hotel or rootel to another. Neither shall such driver engage in selling intoxicating liquor, nor in tra.mporting intoxicating liquor, except when the same is in the ~ion of a passenger, nor , solicit business for any house off ill repute, nor use his vehicle for any purpose other than the transportation of passengers. 167-6 Reprint No. 41 (1/1/88) 5-10.07 5-10.07 (b) All persons . engaged in the taxicab business in the aty opera~ pursuant to '.' the provisions of this O\apter, shall render an overall service to, the public desiring to use taxicaoo. Holders of certificates of public convenience and necessity shall maintain a central p1Bce of business. and keep the same open twenty-four (24) hours ada.y for the purpose of . receiving calls and dispatching taxicaoo. They shall amwer all c8lls received by them . . 167-7 Reprint No. 41 (1/1/88) ~ ---~ ~------ ;>-10.07 ~=ill..O..S. for services inside the City as soon as they can do so, and if such service cannot be rendered within a reasonable time, they shall then notify the prospective passengers how long it will be ' . before such 'c~ can be 'amwered and give the reason therefore. Any holder 'who shall refuse to accept a call anywhere in the City at any time when such holder has available taxicabs, or who shall fail or refuse to give overall service, shall be deemed a violator of the provisions of this Q1apter, and the certificate granted shall be revoked at the discretion of the Council. . (Sec. 1, Ord. 91 C.S., eff. September 13, 1973) ~ 5-10.08. QperatinQ' r~ations: ~~ (a) Any driver employed to transport passengers to a definite point shall take the roost direct route possible which will carry his passenger to his ,destination safely and expeditiously. (b) No driver of any licensed taxicab shall refuse any person prompt taxicab service in the City at any tirrie while such taxicab is. on the public streets ready for service, unless such taxicab is already engaged in the carrying of one or IOOre passengers or is enroute to answer a call for taxicab service; provided, further, nothing in this. Subsection shall require any owner or driver to furn~h taxicab service to any person under the influence of intoxicating liquor or narcotics or to any person who is insane or who is a known criminal. (c) Every driver, upon request, shall give a correct receipt for the aroount of payment received. (d) No driver of any taxicab shall accept, take into his vehicle, or transport any larger number of passengers than the r/}-tes covering the seating capacity of his vehicle. 167-8 Reprint No. 9 - 9-30-73 ~-10.08 5-10.09 (e) No driver shall permit any taxicab to remain standing in any established taxicab stand, unless the taxicab is attenaed by a driver or operator, except when assisting passengers to load or unload or ,when answering the telephone. (f) No driver shall carry any passenger other than payi.rg passengers or persons authorized by or on canpany business. (g) Every driver shall at all times display his driver's permit and picture in a conspicuous place in the taxicab which he is operating. (h) Any violation of the provision:> of this Section shall be cause for the revocation of the pennit of the driver guilty of such violation. (Sec. 1, Ora. 91 C.S., eff. September 13, 1973) ~ 5-10.09. TaxicaP drivers: Permits. (a) No person shall drive or operate any taxicab in the aty without having first obtained a pem1it in' writing to qo so fran the QUef of Police or any person designated by' him. Such pennit issued will entitle the driver to work only for those, persons whose names appear on the pennit. A new permit will be required for each suOOequent employment; provided, however, no application shall be necessary' other than a ratification of charge of employment. (b) Applicants for such, permits shall file applications therefor with the O1ief of Police. The application shall contain the follo~ infonnation, tcgether with a fee, as established by resolution of the aty Council, and pictures of the applicant: (1) 'The osme, marital status, age, residence, last previOl5 address, anc'I the leOgth of residence .at such last address and in the aty; and (2) 'The ,names and addresses to two (2) residents of the aty'acquainted with the applicant. Each application shall be accompanied by a certificate from a reputable physician certifying that in his opinion the applicant is not inflicted with any disease or infimlity which might make him an unsafe or unsatisfactory driver. (c) No permit shall be issued anc'I a permit there~ofore granted shall be r~voked: (1) If the applicant is under twenty-one (21) years of age; 167-9 Reprint No. 41 (1/1/88) .5:-10.09 .5-10.09 (2) If the applicant has not resided in the county sixty (60) ." .. days immediately prior to filing; (3) If the applicant does not possess a valid Class "C" dr i ver IS license issued by the state; (4) If the applicant is a reckless driver or has been convicted of reckless driving or driving while under the influence of intoxicating liquor or narcotics; (5) If the applicant is guilty or has been convicted of a felony or crime involving moral turpitude; (6) If the applicant is not a fit and proper person to drive a taxicab; or (7) If the applicant violates any provision of this chapter. (d) All applicants for drivers' permits shall be fingerprinted; and their applications will then be considered by the Chief of Police and either granted or denied within thirty (30) days unless, for good cause, time for further consideration is needed. Before any application is finally passed upon, the Police Department shall conduct an investigation of the applicant. (e) Upon the approval of an application, the Chief of Police shall issue a driver' s permit to the applicant, \tihich permit shall bear the name, address, race, and other identifying characteristics of the applicant, including the signature of the applicant;. Such permit shall be fixed in a conspicuous place in the taxicab so as to be seen from the passengers' comparbnent. (f) If a driver changes his/her employment to a different owner, he/she shall, within twenty-four (24) hours thereafter, notify the Chief of Police for the purpose of having his/her driver IS permit changed so as to property designate the name of the new errployer. (g) ~en issued, the driver's permit shall be valid for one (1) year from the elate of issuance, unless the permit has been revoked for any of the causes set forth in this section. '!he driver, in making an application for a renewal of this permit, shall follow the same procedure as set forth in making his/her original application, except he/she shall not be fingerprinted or be required to furnish a I;i1ot03raph. The applicant shall pay the fee, as established by resolution of the City Council, for the issuance of the renewal permit. (Sec. 1, Ord. 91 C.S., eff. September 13, 1973, as amended by Sec. 1, Ord. 361 C.S., eff. November 13, 1987; Sec. 7, Ord. 452 C.S., eff. November 12, 1992) 167-10 Reprint No. 52 (1/15/93) 5.-:1D_1O .5:-=10_12 ,. .sec... 5.-:- lQ .]1). .Taxicab..driv.ers: .. Permits.:. . ReuOC'l\tian. '!he C1ief of Police may revoke or refuse to renew an operator's permit if the driver or applicant has, since the granting of hisjher permit,: (a) Been convicted of a felony or a crirre involving moral turpitude, pandering, using, possessing, selling or transporting narcotics, or irrparting information for obtaining narcotics; (b) Been convicted of driving recklessly or mile under the influence of alcohol or narcotics; (c) Had hisjher driver' s license or chauffeur's license issued by the state revoked or suspended; (d) Had two (2) or more convictions of misdemeanor hit-and-run or speed violations, as set forth in the Vehicle Code of the state, occurring during any consecutive period not exceeding twelve (12) months; or (e) Violated any of the provisions of the chapter. (Sec. 1, Ord. 91 C.S., eff. September 13, 1973) See. 5-10.11. Repealed. See. ,5-10.12. Public,liability. (a) It shall be unlawful for any owner or operator to drive or operate a taxicab or cause a taxicab to be'driven or operated in the City; and no license for the operation thereof shall be granted, unless and until there is on file with the City Clerk, and in full force and effect at all times mile such taxicab is being operated, a certificate of a policy of insurance, approved by the City Attorney, with a solvent and responsible conpmy au1thorized to do business in the State, insuring the owner of such taxicab (giving the manufacture nurrber and State license nurrber) against loss by reason of injury Or damage that may r'esu1t to persons or property from the negligent operation or defective construction of such taxicab, or for any other cause. Such policy mall have policy limits of not less than Five Hundred 'Ihousand and nO/100ths Dollars ($SOO,OOO.OO) for the injury or death of one person and One Million and no/lOOths Dollars ($1,000,000.00) for the injury of two (2) or more persons in the same accident and One Hundred Thousand and no/lOOths Dollars ($100,000.00) for injury or destruction of property. 167-11 Reprint No. 54 (9/0l/94) .5.-:1.0_12 .5::10..13 .., (b) Such policy of insurance shall guarantee the payment to any and persons suffering injury or damage to persons or property of any final judgIrent rendered against such owner or driver, within the limits set forth in subsection (a) of this section, irrespective of the financial condition or any acts or omissions of such owner or driver, and shall insure to the benefit of sum persons. (c) If, at any tiIre, such policy of insurance is cancelled by the corcpany issuing such policy, or if the author ity of the corcpany to do business in the State shall be revoked, the City Clerk shall require the owner to replace such policy with another policy satisfactory to the City Attorney and file a certificate thereof, and in default thereof the owner's license to operate shall be revoked. (d) All public passenger vehicles for hire shall be under the supervision and control of the Chief of Police; and he shall notperrnit any driver to operate any taxicab in the City while the taxicab, or any equipment used thereof or therewith, shall 'be unsafe, defective, or in any unsanitary conditions. Every taxicab shall be at all tiIres subject to inspection by any police officer of the City. (Sec. 1, Ord. 91 C.S., eff. September 13, 1973, as amended by Sec. 1, Ord. No. 463 C.S., eff. May 26, 1994) S~....5..71o..13 . Bates..of..far:.e. (a) '!he owner shall set hisJher own rates of fare, but he shall cause a copy of all rates to be filed with the City Clerk and also shall cause a schedule of rates to be prominently displayed in each taxicab operatErl in the City. All charges fixed, charged, or collected for service shall be in accordance with the rate schedules posted with the City Clerk; and it shall be unlawful for different charges to be made therefor. (b) No schedule of rates shall be cha.rged after the schedule has been posted except by the owner filing a copy of the new sd1edule with the City Clerk. (c) If at any tine the Council believes that any presently in-force schedule of rates or proposed schedule of rates is or may be excessive, the Council may notify the owner who filed sum a schedule of the COW1Cil' s intention to reduce rates and may order such person to show cause why such rates should 167-12 Reprint No. 54 (9/01/94) Attachment 4 CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Pursuant to Resolution No. _' adopted by the City Council of the City of Arroyo Grande on , this certificate is hereby issued to The authority granted by this Certificate is limited to those services and conditions, in all aspects, as contained upon the applicant's application, dated , and this certificate shall become valid and effective only upon signature of all parties listed b~low, and in no event prior to License Taxes Paid DATE FINANCE DIRECTOR Certificate of DATE CITY ATTORNEY Insurance Complies Vehicles Inspected DATE POLICE CHIEF Vehicle Inspection DATE POLICE CHIEF Fee Paid Taxicab Drivers' DATE POLICE CHIEF Permits Issued Rate Schedule DATE DEPUTY CITY CLERK Provided Rate Schedules DATE POLICE CHIEF Posted in Taxi _._-,._.__._.._--_."~ ___"n,. 7.c. CITY OF ARROYO GRANDE CITY COUNCIL MEETING NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Arroyo Grande will hold a Public Hearing on the following item: CASE NO. NIA APPLICANT: City of Arroyo Grande LOCATION: Citywide PROPOSAL: Proposed Ordinance amending portions of Title 9 of the Arroyo Grande Municipal Code regarding Second Residential Dwelling Units. ENVIRONMENTAL DETERMINATION: Statutory Exemption Per Section 15282(i) of the CEQA Guidelines REPRESENTATIVE: Kerry McCants, Community Development Director In compliance with the California Environmental Quality Act (CEQA), it has been determined pursuant to Section 15252(i) of the CEQA Guidelines that the activity is not a project as determined in Section 15378. Any person affected or concerned by this issue may submit written comments to the Director of Administrative Services before the CitY Council hearing, or appear and be heard in support of or opposition to the project. Any person interested in the proposal can contact the Community Development Department at 214 E. Branch Street, Arroyo Grande, California, during normal business hours (8:00 a.m. to 5:00 p.m.). The proposed Ordinance will be available for public inspection at the above address. IF YOU CHALLENGE AN ITEM IN COURT, YOU MAYBE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY COUNCIL AT, OR PRIOR TO, THE PUBLIC HEARING. FAILURE OF ANY PERSON TO RECEIVE THE NOTICE SHALL NOT CONSTITUTE GROUNDS FOR ANY COURT TO INVALIDATE THE ACTION OF THE LEGISLATIVE BODY FOR WHICH THE NOTICE WAS GIVEN. Date and Time of Hearing: Tuesday, October 24, 2000 at 7:00 P.M. Place of Hearing: Arroyo Grande City Council Chambers 215 E. Branch Street ~j; {)J1<)tUf)"~- Arroyo Grande, California 93420 KellyWet ore Director of Administrative Services/Deputy City Clerk Publish 1 T, October 13, 2000 MEMORANDUM TO: CITY COUNCIL I FROM: KERRY McCANTS, COMMUNITY DEVELOPMENT DIRECTOR V~ BY: TERESA McCLISH, ASSISTANT PLANNER1'ff.(..I SUBJECT: ORDINANCE REGARDING SECOND RESIDENTIAL DWELLING UNITS DATE: OCTOBER 24, 2000 RECOMMENDATION: It is recommended the City Council: 1. Introduce for first reading by title only the proposed ordinance entitled, II An Ordinance of the City Council of the City of Arroyo Grande Amending Portions of Title 9 of the Municipal Code Regarding Second Residential Dwelling Units"; and 2. Direct the Director of Administrative Services to file a "Notice of Exemption" with the County Recorder. FUNDING: No fiscal impact. DISCUSSION: Recently, the City Council directed staff to review and revise Development Code Section 9-11.140 regarding second residential dwelling units in order to reflect changes in both Council policy and the law regarding such units. The Planning Commission reviewed the proposed revisions on September 1 9, 2000 and unanimously recommended that the City Council adopt the proposed ordinance. At the request of the Planning Commission, staff has included language in the proposed ordinance requiring a firewall between an attached primary and second dwelling unit. Planning Commissioners' concerns included parking requirements, access, front yard setbacks, deed restrictions and consistency with the General Plan (reference Attachment 2). Additionally, Commissioners asked staff to determine how addresses are given to second residential dwelling units. The Building Department does assign a separate address for these residences. City Council Ordinance Regarding Second Residential Units October 24, 2000 Page 2 of 2 ENVIRONMENTAL ASSESSMENT: Staff has reviewed this project in compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines and the City of Arroyo Grande Rules and Procedures for Implementation of CEQA. It has been determined pursuant to Section 15282(1) of the CEQA Guidelines the adoption of an ordinance regarding second units is a statutory exemption. AL tERNA TIVES: The following alternatives are presented for Council consideration: - Introduce the Ordinance; - Modify and introduce the Ordinance; - Reject the Ordinance; - Provide direction to staff. Attachments: Attachment 1 Proposed Ordinance in legislative format Attachment 2 Draft Planning Commission minutes from 9/1 9/00 ORDINANCE NO. C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING PORTIONS OF TITLE 9 OF THE MUNICIPAL CODE REGARDING SECOND RESIDENTIAL DWELLING UNITS WHEREAS, the City of Arroyo Grande has a responsibility, pursuant to Government Code Section 65852.2, to address the need for second residential dwelling units, while at the same time considering environmental and service constraints; and WHEREAS, the Housing Element of the General Plan of the City of Arroyo Grande adopted on June 22, 1993, provides for the utilization of second residential dwelling units as an affordable housing incentive in residential zones; and WHEREAS, the City of Arroyo Grande has conducted environmental review for adoption of an ordinance establishing procedures to provide for the development of second residential dwelling units in the City of Arroyo Grande, and has found that it can be seen with certainty that there is no possibility that the proposed second residential dwelling unit requirements will have an effect on the environment and therefore is exempt from the provisions of CEQA; and WHEREAS, the City Council of the City of Arroyo Grande has reviewed and considered the information in the proposed document and staff report, as well as public testimony presented at the hearing and make the following findings of fact: A. The proposed second residential dwelling unit requirements are consistent with the goals, objectives, policies, and programs of the General Plan, and are necessary and desirable to implement the provisions of the General Plan. B. The proposed second residential dwelling unit requirements will not adversely affect the public health, safety, and welfare. C. The proposed second residential dwelling unit requirements 'are consistent with the purpose and intent of Title 9. D. The potential environmental impacts of the proposed second residential dwelling unit requirements are insignificant. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: -..----"-..----..---- ORDINANCE NO. C.S. PAGE 2 SECTION 1: Arroyo Grande Municipal Code Section 9-11.140 is amended in its entirety as follows: CHAPTER 9-11.140 SECOND RESIDENTIAL DWELLING UNITS A. Purpose and Intent The purpose of these standards is to ensure that second residential dwelling units located in Residential Districts do not adversely impact either adjacent residential parcels or the surrounding neighborhood, and are developed in a manner which protects the integrity of the Residential District, while providing for needed housing opportunities. There are environmental and service constraints the City faces, which limit the addition of second dwelling units. In particular, such units may not be appropriate on hillside lots because of environmental constraints. The addition of a second residential dwelling unit is limited by urban service capacity, public safety standards, traffic conditions, fire hazards, privacy impacts and compatibility with neighboring uses and structures. This Chapter addresses these limitations. B. Applicability 1. Second residential dwelling units may be permitted in any Residential District except the RE District, subject to obtaining a Conditional Use Permit pursuant to Section 9-03.050 of this Title and as otherwise provided in this Section. All findings required by Section 9-03.050 must be made in addition to specific findings required by this Chapter prior to issuance of a conditional use permit. Second residential dwelling units shall be served by City water and sanitary sewer systems. Second residential dwelling units shall be prohibited on lots containing a guest house, converted garage, mobile home, or more than one existing single family dwelling. 2. Second residential dwelling units may be attached to or detached from the main dwelling. If the second dwelling unit is attached to the main dwelling, each shall be served by separate outside entrances. The interior wall( s) of an attached unit which separate it from the main unit shall be fire rated according to the most recent Uniform Building Code, and shall not be connected by a doorway or opening to the main dwelling. An "attached second residential dwelling unit" shall mean a dwelling unit that is either combined within the living area or attached to the primary residence. A "detached second residential dwelling unit" shall mean a dwelling unit that is not combined within - -~-~._.__.- ...-- --------.-- ORDINANCE NO. C.S. PAGE 3 or attached to the primary residence. For the purposes of this Chapter, "dwelling unit" shall not include a garage or any accessory structure. "Primary residence" shall mean an existing detached residential structure that conforms with all applicable zoning regulations. 3. A second residential dwelling unit may be constructed simultaneously with or after construction of the principal residence. In addition, an existing principal residence may, subject to obtaining a conditional use permit for such residence, be considered the second residential dwelling unit, and a new residence may be constructed which would then be considered the primary residence. The applicant shall apply for and obtain a conditional use permit for a second residential dwelling unit prior to submission of an application for a building permit for the proposed new residence. C. Property Development Standards The second residential dwelling unit shall comply with all zoning regulations and property development standards of the District in which it is located, existing building, health, safety and fire codes, and architectural review criteria, including, but not limited to, setbacks, height limits and maximum lot coverage. In addition, the following standards shall apply: 1. Minimum Lot Size The minimum lot size for a parcel to be eligible for a detached second dwelling unit shall be 12,000 square feet, excluding all rights of way and private access easements. The minimum lot size for a parcel to be eligible for an attached second dwelling uni~ shall be 7,200 square feet, excluding all rights of way. 2. Building Separation A detached second residential dwelling unit shall be located at least 20 feet from the primary residence. 3 ORDINANCE NO. C.S. PAGE 4 3. Yard Setbacks The second residential dwelling unit shall have the same minimum yard setback requirements as the base zone of the primary residence on the parcel as outlined in Table 9-06.050-A and Table 9-06.050-B., Setbacks outlined in Appendix C.W.D.219 as referenced in Table 9- 06.050 A and Table 9-06.050-B shall not be applicable to second residential dwelling units. The minimum front yard setback for second residential dwelling units shall be equal to or greater than the maximum front yard setback of adjacent parcels. 4. Architectural Compatibility The second residential dwelling unit shall be architecturally compatible with the primary residence and the surrounding neighborhood, and shall incorporate the same colors and materials as the primary residence. 5. Maximum Size Gross floor area of a second residential dwelling unit shall not exceed 640 square feet. 6. Maximum Slope The building site upon which the second residential dwelling unit will be constructed shall not have an average slope in excess of twenty percent. A topographic map and slope analysis, as recommended by the Community Development Director, shall be stamped and signed by either a registered civil engineer, registered architect, or registered landscape architect. Average slope is defined as follows: S= I x L x 100 A x 43,560 Where S = average natural slope, in percent. 1= interval, in feet, of the contour lines. L= the sum, in feet, of the length of the contour lines, at selected contour interval "I". A= the total area, in acres, of the site. 4 ORDINANCE NO. C.S. PAGE 5 7. Parking A minimum of one off-street parking space shall be provided for each bedroom in the second residential dwelling unit in addition to the off- street parking spaces required for the main dwelling. All parking spaces shall be exclusive of front and street side yard setbacks. Such parking spaces shall be located in close proximity to the second residential dwelling unit so as to provide convenient access for the occupant. Additional parking may be required provided that a finding IS made that the additional parking requirements are directly related to the use of the second residential dwelling unit and are consistent. with existing neighborhood standards applicable to existing dwellings. 8. Occupancy Requirements Second residential dwelling units shall not be offered for sale apart from the primary residence and shall be occupied on a month to month basis or longer. Either the primary residence or the second residential dwelling unit must be occupied by the owner of the property. 9. Driveway Access Second residential dwelling units shall be served by the same driveway access to the street as the primary residence. 10. Performance Standards For establishing conditional use criteria, the Community Development Director shall consider the adequacy of water, sewer, drainage, fire and emergency services, and the impact of additional dwelling units on traffic flow. 11. Deed Restriction A deed restriction shall be recorded against the title of the property containing a second residential dwelling unit prior to issuance of a building permit. Such deed restriction shall stipulate that the second 5 ~_.- ORDINANCE NO. C.S. PAGE 6 dwelling unit cannot be sold and the owner of the property must occupy one of the units on the premises. 12. Utility Meters Only one electric and one gas meter shall be allowed on the property and shall serve both the primary residence and the second unit. 13. Other Conditions Second residential dwelling units shall comply with such other conditions or standards which, in the judgment of the City, are necessary or appropriate to mitigate possible adverse impacts on the neighborhood. D. FINDINGS The Planning Commission may issue a conditional use permit for a second residential dwelling unit as applied for or in modified form, if on the basis of the application and the evidence submitted, the Planning Commission makes all of the following findings. 1. The proposed second dwelling unit complies with the standards described in Section 9-11.140.C. 2. The second dwelling unit will not unreasonably interfere with the privacy otherwise available to residents of adjoining properties. 3. The proposed second dwelling unit is designed to be compatible with the exterior appearance and character of the existing neighborhood. 4. The proposed second dwelling unit is designed to be compatible with the existing main dwelling unit in terms of architectural style, bulk, height, materials, colors and landscaping. 5. The proposed second dwelling unit will not cause unreasonable noise, traffic congestion, parking congestion or overload existing public facilities or utilities. 6 ORDINANCE NO. C.S. PAGE 7 E. STATE LAW APPLICABLE The provisions of this Section shall be subordinate to and superceded by the controlling provisions of any applicable State law or laws. F. ILLEGAL SECOND RESIDENTIAL DWELLING UNIT The establishment or continuance of a second residential dwelling Ullit without a Conditional Use Permit or contrary to the provisions of this Section is declared to be unlawful and shall constitute a misdemeanor and a public nuisance. SECTION 2: Arroyo Grande Municipal Code Table 9-06.040-A is amended as follows: Table 9-06.040 A Uses Permitted Within Residential Districts USE RE RH RR RS SF VR MF MFA SR MIIP 15. Second Residential NP C C C C C C C C NP Dwelling Unit SECTION 3: Arroyo Grande Municipal Code Chapter 9-18 DEFINITIONS is amended as follows: Second Dwelling Unit: A detached or attached dwelling unit that provides complete, independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel or parcels upon which the primary unit is situated. SECTION 4: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be urilawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that anyone or more section, subsection, subdivision, paragraph, sentence, clause or phrases be declared unlawful. SECTION 5: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy 7 -- --'_._-~.__..-._,-~_._-_._._-"- ORDINANCE NO. C.S. PAGE 8 of the full text of the proposed Ordinance shall be posted in the office of the Director of Administrative Services/Deputy City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council Members voting for and against the Ordinance shall be published again, and the Director of Administrative Services/Deputy City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION 6: This Ordinance shall become effective thirty (30) days after the date of its adoption. On motion of Council Member , seconded by Council Member and on the following roll call vote, to- wit: AYES: NOES: ABSENT: the foregoing Ordinance was adopted this day of , 2000. 8 ORDINANCE NO. C.S. PAGE 9 MICHAEL A. LADY, MAYOR ATTEST: KELL Y WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY 9 . A TT ACHMENT I ORDINANCE NO. C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING PORTIONS OF TITLE 9 OF THE MUNICIPAL CODE REGARDING SECOND RESIDENTIAL DWELLING UNITS NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1: Arroyo Grande Municipal Code Section 9-11.140 is amended in its entirety as follows: CHAPTER 9-11.140 SECOND RESIDENTIAL DWELLING UNITS A. Purpose and Intent The purpose of these standards is to ensure that second residential dwelling units located in singlo family Residential Districts do not adversely impact either adjacent residential parcels or the surrounding neighborhood, and are developed in a manner which protects the integrity of the Residential District, while providing for needed housing opportunities. for o'....nOF& of oligiblo par~ols. B. Applicability 1. ____.____ ~__~ _____,_ _.__. _.n.____..__ ~--------._------ ---..-.-' ORDINANCE NO. C.5. PAGE 2 Second residential dwelling units shall be prohibited on lots containing a guest house, converted garage, mobile home, or more than one existing single family dwelling. 2. An "attached second residential dwelling unit" shall mean a dwelling unit that is either combined within the living area or attached to the primary residence. A "detached second residential dwelling unit" shall mean a dwelling unit that is not combined within or attached to the primary residence. For the purposes of this Section, "dwelling unit" shall not include a garage or any accessory structure. "Primary residence" shall mean an existing detached residential structure that conforms with all applicable zoning regulations. 3. C. Property Development Standards The second residential dwelling unit shall comply with all property development standards of the District in which it is located, existing building, and fire codes, and architectural review criteria, including, but not limited to, setbacks, height limits and maximum lot coverage. In addition, the following standards shall apply: 2 ----- ---.- . ORDINANCE NO. C.5. PAGE 3 1. Minimum Lot Size The minimum lot size for a parcel to be eligible for a detached second dwelling unit shall be 12,000 square feet, The minimum lot size for a parcel to be eligible for an attached second dwelling unit shall be 6,000 _ square feet, 2. Building Separation A detached second _ dwelling unit shall be located at least 20 feet from the primary residence. 3. Yard Setbacks The second residential dwelling unit shall have the same minimum yard setback requirements as the base zone of the prima residence on the parcel 4. Architectural Compatibility The second residential dwelling unit shall be architecturally compatible with the primary residence and the surrounding neighborhood, and shall incorporate the same colors and materials as the primary residence. 5. Maximum Size Gross floor area of a second residential dwelling unit shall not exceed 640 square feet. 6. 3 . _ m__.._ . . . . . . . : . . . : - : . - - . : . . , ORDINANCE NO. C.S. PAGE 5 Second _ dwelling units shall not be offered for sale apart from the primary residence and shall be occupied on a month to month basis or longer. Either the primary residence or the second residential dwelling unit must be occupied by the owner of the property. 9. 10. Performance Standards For establishing conditional use criteria, the Community Development Director shall consider the adequacy of water, sewer, drainage, fire and emergency services, and the impact of additional dwelling units on traffic flow. 11. Deed Restriction A deed restriction shall be recorded against the title of the property containing a second _ dwelling unit prior to issuance of a building permit. Such deed restriction shall stipulate that the second dwelling unit cannot be sold and the owner of the property must occupy one of the units on the premises. 12. Utility Meters Only one electric and one gas meter shall be allowed on the property and shall serve both the primary residence and the second unit. 13. 5 . . . . . ORDINANCE NO. C.S. PAGE 7 5. E. F. SECTION 2: Arroyo Grande Municipal Code Table 9-06.040-A is amended as follows: Table 9-06.040 A Uses Permitted Within Residential Districts USE RE RH RR RS SF VR MF rMFA SR MHP 15. Second Residential NP C C C C C . . . NP Dwelling Unit . . . SECTION 3: Arroyo Grande Municipal Code Chapter 9-18 DEFINITIONS is amended as follows: Second Dwelling Unit: A detached or attached dwelling unit that provides complete, independent living faci!ities for one or ~ _ persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel or parcels as the one upon which the primary unit is situated. 7 ----- . . ARROYO GRANDE PLANNING COMMISSION DRAFT MINUTES September 19, 2000 Page 8 A TT ACHMENT 2 Commissioner Costello inquired how the sign was situated on the I( Chair Greene opened the Public Hearing. Jim Cravens, representing the applicant asked the PI ing Commission if they had any questions he could answer. Vice-Chair Parker asked if th ign was wooden with raised letters and Mr. Cravens replied that it was. Chair Green closed the Public Hearing. Commissioner Costello moved that e Planning Commission adopt RESOLUTION NO. 00-1763 A RESOL ION OF THE PLANNING COMMISSION OF THE CITY OF AR YO GRANDE APPROVING PLANNED SIGN PROGRAM AM MENT CASE NO. 00-004, APPLIED FOR BY GRAND A v.. NUE SELF STORAGE, LOCATED AT 1166 EAST GRAND ENUE with exhibi A. Vice-Chair Parker seconded the motion. The motion was approved by the following II call vote: LL VOTE Commissioner Costello Commissioner Keen Commissioner London Vice-Chair Parker Chair Greene II. C. AMENDMENT TO THE ARROYO GRANDE MUNICIPAL CODE BY AMENDING CHAPTER 11 OF TITLE 9 REGARDING SECOND RESIDENTIAL DWELLING UNITS Teresa McClish, Assistant Planner stated that the City Council had recently directed staff to review and revise Development Code Sec. 9-11.140 for second residential units. Ms. McClish stated that State law provided provisions to allow second units unless findings can be made that they create a health, safety, or general welfare problem. Second residential units help the City meet its affordable housing requirements and "fair share allocation" established by the California Department of Housing and Community Development. Ms. McClish explained to the Commission that the Housing Element in the City's General Plan encouraged the development of second residential units and quantified the City's objective to allow the development of 50-second residential units between 1990 and 1997. The City has approved 16-second residential units since 1990. Ms. McClish stated that the changes to the ordinance included clarification of Conditional Use Permit requirements, expanded property development standards and the inclusion of findings specific to second residential units. ---~._._._---~._--- . . ARROYO GRANDE PLANNING COMMISSION DRAFT MINUTES September 19, 2000 Page 9 Commissioner Keen stated that in the staff report Ms. McClish had read a section concerning what the State says the City was allowed to do. He asked for clarification concerning this statement. He also asked Ms. McClish to further explain about the number of units, which Ms. McClish had stated was fifty, that was in the General Plan. Ms. McClish stated the State law essentially mandates second residential units and provides provisions, which the Ordinance was based on. The General Plan includes goals and objectives to encourage second residential units to meet housing requirements and there is a specific objective to allow the development of fifty second residential units. Mr. Keen stated that where it talks about an attached second unit in the Ordinance, there should be a requirement for a firewall between the units. He asked if the Building Code included a firewall in this instance? If it doesn't, he felt it should be added into the language of the Ordinance. Mr. Campbell agreed with Mr. Keen that this was an important issue, however, he did not know if it was included in the Building Code. He stated that it would not hurt to add the language to cover this. Mr. Keen asked what the statement in the ordinance meant that stated "additional parking may be required if the findings indicate it is necessary"? He asked what kind of findings these would be? He stated that he did not feel that the new requirement of one parking space was sufficient. Ms. McClish stated that the language used in the Ordinance came from the state law section. The State law does not include any language requiring covered parking spaces. Therefore, staff felt that the language dealing with this had to be removed from the current ordinance. However, the current proposed section does give the Commission discretion when approving the parking requirements. Mr. Keen stated that it was still not clear to him what kind of findings the, Commission would have to have to require the additional parking? He would like to have the ordinance worded in such a way that it did not leave any room for a Commission decision on this. Ms. McClish stated that the findings provided at the end of page six of the Ordinance referred to the second unit being compatible with the neighborhood. For instance, if all the houses in the. neighborhood had covered parking, then to be compatible, you may require a covered parking space. Commissioner London asked if it would be feasible to require that second residential units be behind the primary residence to avoid the situation the Commission had just dealt with on James Way? Ms. McClish stated that they had included language that stated that an applicant would not be able to revert to the old setbacks. There is also language stating that the front yard set back shall be equal to or greater than the maximum front yard setback of the adjacent parcels. Mr. London stated that this still did not answer the problem of those homes that have a large - ARROYO GRANDE PLANNING COMMISSION DRAFT MINUTES September 19, 2000 Page 10 front yard that would meet the setback requirements, but by adding the second residence, would be totally inconsistent with the surrounding neighborhood. Kerry McCants, Community Development Director, stated that the reason staff had structured the Ordinance in this way was that the findings needed would allow the Commission to make this kind of decision on a case to case basis. Mr. London stated that this would be true if the project came to the Planning Commission before the building permit had been issued. Mr. McCants stated that staff had done the best that they could to deal with this situation. Mr. London asked what the reason was for having only one utility meter at the residence? Mr. McCants stated that this was done to make it more difficult for someone to subsequently try to create an additional parcel and sell one side. Mr. London asked if the second residence could have its own address? Mr. McCants stated that he did not have an answer to that question. Mr. London asked why there was a condition restricting the possibility of having a second . driveway? Mr. McCants stated that it was important to recognize that this is a secondary use on an existing developed property and having a separate driveway would create the perception of an additional separation between the two units. Vice-Chair Parker stated that she felt this was a huge improvement and she felt that it would help the Planning Commission have something concrete to base its decisions on. She said she was appreciated staff putting together this ordinance. Ms. Parker asked if there was a period of time set by the State in which the City was supposed to have approved fifty second residential units? Ms. McClish stated that the fifty units was a City goal and that the State only provided the provisions on how to shape the ordinance. The State does have language that encourages having second units to meet the City's affordable housing requirements. Vice-Chair Parker stated that on Page Six (6) of the staff report, Number Five (5) it stated that Uthe proposed second dwelling unit will not cause unreasonable noise, traffic congestion, parking...u and then it says Ucongestionu. Was this a mistake in the language of the ordinance? Ms. McClish stated that a change would be made to correct it. Ms. Parker stated that she appreciates staff referring to the fact that there are the necessary infrastructure capabilities before the City continues to add on second residential units because she believes this addresses one of Commissioner Keen's concerns about having enough water ARROYO GRANDE PLANNING COMMISSION DRAFT MINUTES September 19, 2000 Page 11 for buildout. Commissioner Costello asked if the deed restriction solved the problem of someone coming back and trying to split a lot with a second dwelling unit on it and creating a new parcel? He also asked what the deed restriction actually accomplished? Ms. McClish stated that the deed restriction follows the land in terms of change in ownership, but someone could request a lot split. They would then have to meet all the requirements for a subdivision. The deed restriction requires that the owner reside in one or the other of the units. Mr. Costello asked what would happen if there was a lot that exceeded 24,000 square feet and it has a second resident dwelling on it, then someone asked to split the lot into two 12,000 square foot parcels. Could someone then ask to put a second residential dwelling on the two 1 2,000 square foot lots? Ms. McClish stated that there was language in the ordinance referring to requirements to meet not only property development standards, but zoning requirements as well. This is where the issue of density requirements would be looked at. The state law reads in such a way that the City is allowed some discretion to look at density in situations such as Mr. Costello was referring to. Chair Greene asked if the new parking language was drawn from the State law and was the Commission free to deviate from this language and continue to use the language that currently existed in the Ordinance requiring one covered and one uncovered parking space? Or, is the Commission mandated to adopt the new language of one parking space as the threshold? Ms. McClish stated that the Commission was not mandated to use the new language. She said that the City Attorney suggested the new language. The City is allowed to develop an Ordinance that includes some restrictions but State law also provides that the cities do not create unreasonable restrictions. This was the reason that staff used the language from the State law with regard to parking. Mr. Greene asked if anyone had ever found that the existing language created an unreasonable restriction either through some Appellate Court decision or through some finding made by a City staff member. Ms. McClish stated that the City Attorney was not comfortable including specific language for covered parking. Mr. McCants stated that the City Attorney was more comfortable using the approach of looking at the findings that were listed at the back of the Ordinance and using them to make the finding that, for instance, covered parking was required in a certain case because everyone on the street had covered parking. Mr. London asked what the City intended to do when the owner of the property, after building the second unit, moves and there are two rental units? Ms. McClish stated that the deed restriction that is required for the second dwelling unit --,---,_.- , .. ARROYO GRANDE PLANNING COMMISSION DRAFT MINUTES September 19, 2000 Page 12 prohibits the owner of the property from residing elsewhere. Mr. London asked what enforcement action could the City take when it becomes aware of this kind of violation? Mr. McCants stated that the City would have to go to Superior Court and have the court enforce the deed restriction. There was no public comment. The Planning Commission briefly discussed the ordinance and felt that the ordinance was more restrictive and would provide them with better guidelines to work with when making their decisions on second unit dwellings. Chair Greene asked about the possibility of crafting language for the parking spaces that would be required. He suggested that Section 7 be modified to read, "a minimum of one covered and one uncovered off street parking space shall be provided" and then adopt the remaining language from the State law. The words "each bedroom" should be deleted. Mr. Campbell quoted language from the State law that stated "parking requirements for second dwelling units shall not exceed one parking space per unit or one per bedroom. Additional parking may be required providing that a finding is made that additional parking requirements are directly related to the use of the second unit". Mr. Greene and Mr. Campbell discussed the fact that State law regulates the number of parking spaces and the original language should be left as it was presented. Vice-Chair Parker moved that the Planning Commission adopt: RESOLUTION NO. 1762 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL AMEND PORTIONS.OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING SECOND RESIDENTIAL DWELLING UNITS as amended. Commissioner Costello seconded the motion. The motion was approved by the following roll call vote: ROLL CALL VOTE YES Commissioner Costello YES Commissioner Keen YES Commissioner London YES Vice-Chair Parker YES Chair Greene -".,-~- --------.----- 9.a. MEMORANDUM TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICE9 BY: JANET M. HUWALDT, ACCOUNTING SUPERVISOR C(jlr SUBJECT: CASH DISBURSEMENT RA TIFICA TION DATE: OCTOBER 24, 2000 RECOMMENDA TION: It is recommended the City Council ratify the attached listing of cash disbursements for the period October 1 - October 15, 2000. FUNDING: There is a $669,690.25 fiscal impact. DISCUSSION: The attached listing represents the cash disbursements required of normal and usual operations. It is requested that the City Council approve these payments. ATTACHMENTS: ATTACHMENT 1 - Cash Disbursement Listing ATTACHMENT 2 - October 6,2000 Accounts Payable Check Register ATTACHMENT 3 - October 6,2000 Payroll Checks and Benefit Checks ATTACHMENT 4 - October 13, 2000 Accounts Payable Check Register -~'-"'._-_..-_. - --~--'-'-'-~ -- A IT ACHMENT 1 CITY OF ARROYO GRANDE CASH DISBURSEMENTS For the Period of October 1 Through October 15, 2000 October 24, 2000 Presented are the cash disbursements issued by the Department of Financial Services for the period October 1 to October 15, 2000. Shown are cash disbursements by week of occurrence and type of payment. October 6, 2000 Accounts Payable Cks 97653-97745 2 95,761.39 Payroll Checks and Benefit Checks 3 261,347.39 357,108.78 October 13, 2000 Accounts Payable Cks 97757-97849 4 510,697.59 Less Payroll Transfer included in Attachment 3 (198,116.12) 312,581.47 Two Week Total $ 669.690.25 --.---- CITY OF ARROYO GRANDE INDEX FOR BUDGET DEPARTMENTS EDEN COMPUTER SYSTEM GENERAL FUND (010) SPECIAL REVENUE FUNDS City Government (Fund 010) Park Development Fee Fund (Fund 213) 4001 - City Coundl 4550 - Park Development Fee 4002 - City Oerk 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 - Finandal Services Construction Tax Fund (Fund 230) 4121 - Taxes/ InsUIance/ Bonds 4556 - Construction Tax 4130 - Community Development Police Grant Fund (Fund 271) 4131 - Community Building (CDBG) 4202 - State AB3229 Cops Grant 4140 - Management Information System 4203 - Federal COPS Hiring Grant 4145 - Non Departmental 4204 - Federal Local Law Enforcement Public Safety (Fund 010) 4201 - Police ENTERPRISE FUNDS 4211 - Fire Sewer Fund (Fund 612) 4212 - Building & Safety 4610 - Sewer Maintenance 4213 - Government Buildings Water Fund (Fund 640) Public Works (Fund 010) 4710 - Water Administration 4301 - Public Works-Admin & Engineering 4711 - Water Production 4303 - Street/Bridge Maintenance 4712 - Water Distribution 4304 - Street Lighting Lopez Administration (Fund 641) 4305 - Automotive Shop 4750 - Lopez Administration Parks & Recreation (Fund 010) 4420 - Parks CAPITAL IMPROVEMENT PROGRAMS 4421 - Recreation 5501-5599 - Park Projects 4422 - General Recreation 5601-5699 - Streets Projects 4423 - Pre-School Program 5701-5799 - Drainage Projects 4424 - Recreation-Spedal Programs 5801-5899 - Water/Sewer/Street Projects 4425 - Children in Motion 5901-5999 - Water Projects 4430 - Soto Sport Complex 4460 - Parkway Maintenance OepL Index for Council ATTACHMENT 2 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 1 10/03/00 16:19 VOUCHER/CHECK REGISTER FOR PERIOD 17 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 307 10/02/00 009008 BANKCARD CENTER LOCC CONF-DICKENS 010.4001. 5501 375.00 307 10/02/00 009008 BANKCARD CENTER LOCC CONF-SPAGNOLO 010.4301.5501 325.00 307 10/02/00 009008 BANKCARD CENTER LOCC CONF-SNODGRASS 010.4120.5501 325.00 307 10/02/00 009008 BANKCARD CENTER LOCC CITY BOOKS-FERRARA 010.4001. 5501 14.00 307 10/02/00 009008 BANKCARD CENTER LOCC CONF-TERBORCH 010.4101.5501 365.00 307 10/02/00 009008 BANKCARD CENTER LOCC CONF-FERRARA/TOLLEY 010.4001.5501 650.00 307 10/02/00 009008 BANKCARD CENTER PIZZA EXPRESS-MEETING SUPPLIES 010.4211.5501 48.00 307 10/02/00 009008 BANKCARD CENTER OFFICE SUPPLIES 010.4101.5201 118.49 307 10/02/00 009008 BANKCARD CENTER GINA'S-TEACHERS INDUSTRY 010.4001. 5504 38.25 307 10/02/00 009008 BANKCARD CENTER OFFICE SUPPLIES 284.4103.5201 47.15 307 10/02/00 009008 BANKCARD CENTER LOCC CONF.LEADERSHIP-FERRARA 010.4001.5501 225.00 307 10/02/00 009008 BANKCARD CENTER QTRDECK-TEACHERS INDUSTRY 010.4001. 5504 26.93 307 10/02/00 009008 BANKCARD CENTER OFFICE SUPPLIES 010.4101.5201 17.13 307 10/02/00 009008 BANKCARD CENTER UNITED AIR-FERRARA 010.4001. 5501 92.50 307 10/02/00 009008 BANKCARD CENTER UNITED AIR-FERRARA 010.4001. 5501 92.50 307 10/02/00 009008 BANKCARD CENTER SLO CHAMBER OF COMMERANCE 284.4103.5201 3.00 307 10/02/00 009008 BANKCARD CENTER SLO CNTY NEWSPAPER 010.4101. 5201 6.00 307 10/02/00 009008 BANKCARD CENTER POSTAGE CHARGE-RETURN 010.4101. 5201 8.75 307 10/02/00 009008 BANKCARD CENTER COMPUTER ITEMS-PD SPLITTER 010.4140.5607 44.99 307 10/02/00 009008 BANKCARD CENTER ORAL BOARD LUNCH P&R 010.4421.5316 48.10 307 10/02/00 009008 BANKCARD CENTER CA.P&R SOCIETY 010.4421. 5501 189.00 307 10/02/00 009008 BANKCARD CENTER OFFICE SUPPLIES 010.4421.5201 86.17 307 10/02/00 009008 BANKCARD CENTER CARTRIDGE 010.4130.5201 29.11 307 10/02/00 009008 BANKCARD CENTER CREDIT ON OVERCHARGE 010.4130.6001 53.63- 307 10/02/00 009008 BANKCARD CENTER OFFICE CHAIR 010.4130.6001 289.56 307 10/02/00 009008 BANKCARD CENTER TRILOGY/SITING CELL TOWERS 010.4130.5503 200.00 307 10/02/00 009008 BANKCARD CENTER OFFICE SUPPLIES/MEETING SPLYS 010.4301. 5201 166.42 307 10/02/00 009008 BANKCARD CENTER GAS 640.4712.5501 42.81 307 10/02/00 009008 BANKCARD CENTER GAS 010.4301. 5608 25.00 3,845.23 97653 10/06/00 000468 A T & T-L/DIST SVC. L/DIST PHONE-MIS 010.4140.5303 558.12 97653 10/06/00 000468 A T & T-L/DIST SVC. L/DIST PHONE-MIS REBATE 010.4140.5303 5.00- 97653 10/06/00 000468 A T & T-L/DIST SVC. L/DIST.PHONE-FAX MACHINE 010.4211.5403 56.25 609.37 97654 10/06/00 100479 A.G.CHAMBER OF COMMERCE SOAR BREAKFAST-9/13/00 010.4101. 5501 15.00 15.00 97655 10/06/00 000898 ADDICTION MEDICINE CONS PRE-EMP,DRUG SCREEN-DUTRA 010.4425.5315 45.00 97655 10/06/00 000898 ADDICTION MEDICINE CONS PRE-EMP.DRUG SCREEN-BAGGS 010.4425.5315 45.00 97655 10/06/00 000898 ADDICTION MEDICINE CONS PRE-EMP.DRUG SCREEN-STARBUCK 010.4425.5315 45.00 97655 10/06/00 000898 ADDICTION MEDICINE CONS PRE-EMP.DRUG SCREEN-JUAREZ 010.4301. 5315 45.00 180.00 97656 10/06/00 100882 ADVANCE MARKING SYSTEMS PASSPORT NAMETAGS 010.4211.5255 49.90 49.90 97657 10/06/00 002340 JOHN ALLEN ETHICAL LEADERSHIP-ALLEN 010.4201.5501 30.00 30.00 97658 10/06/00 003042 AMERICAN EQUIPMENT SVCS DUMP BIN 010.4213.5303 1,000.00 1,000.00 97659 10/06/00 003120 AMERICAN INDUSTRIAL SUP PAINT/BATTERIES 010.4201.5255 131.10 97659 10/06/00 003120 AMERICAN INDUSTRIAL SUP SCRUB N BUCKET 010.4201. 5255 102.96 234.06 97660 10/06/00 100897 AMERICAN TEMPS RHINEHART SVCS TO 9/23 220.4303.5303 716.39 ---.--.- VOUCHRE2 CITY OF ARROYO GRANDE PAGE 2 10/03/00 16:19 VOUCHER/CHECK REGISTER FOR PERIOD 17 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 97660 10/06/00 100897 AMERICAN TEMPS BANNING SVCS TO 9/15 010.4120.5303 534.24 97660 10/06/00 100897 AMERICAN TEMPS BANNING SVCS TO 9/22 010.4120.5303 629.64 97660 10/06/00 100897 AMERICAN TEMPS BANNING SVCS TO 9/22 010.4301.5303 47.70 1,927.97 97661 10/06/00 101044 CITY OF ARROYO GRANDE MEETING SUPPLIES 010.4101. 5501 11.70 97661 10/06/00 101044 CITY OF ARROYO GRANDE OFFICE SUPPLIES 284.4103.5201 1. 06 97661 10/06/00 101044 CITY OF ARROYO GRANDE OFFICE SUPPLIES 010.4421. 5201 12.65 97661 10/06/00 101044 CITY OF ARROYO GRANDE MAILING BUDGETS 010.4120.5201 10.35 97661 10/06/00 101044 CITY OF ARROYO GRANDE POSTAGE 010.4120.5201 24.30 97661 10/06/00 101044 CITY OF ARROYO GRANDE MEETING SUPPLIES 010.4101. 5201 28.71 97661 10/06/00 101044 CITY OF ARROYO GRANDE SUPPLIES 010.4101.5201 24.76 97661 10/06/00 101044 CITY OF ARROYO GRANDE GENERAL PLAN MAPS 010.4130.5201 8.54 97661 10/06/00 101044 CITY OF ARROYO GRANDE FILM 010.4101.5201 4.99 97661 10/06/00 101044 CITY OF ARROYO GRANDE COLOR COPIES-MAPS/DEEDS 010.4130.5201 28.11 97661 10/06/00 101044 CITY OF ARROYO GRANDE MEETING SUPPLIES 010.4301. 5201 25.48 97661 10/06/00 101044 CITY OF ARROYO GRANDE SUPPLIES 010.4101. 5201 4.58 97661 10/06/00 101044 CITY OF ARROYO GRANDE MEETING SUPPLIES 284.4103.5505 26.53 97661 10/06/00 101044 CITY OF ARROYO GRANDE MEETING SUPPLIES 010.4002.5501 15.00 97661 10/06/00 101044 CITY OF ARROYO GRANDE PHOTO DEV 010.4130.5201 11.16 237.92 97662 10/06/00 006640 ART'S APPLIANCE SERVICE SERVICE OVENS-W/C 010.4213.5303 62,00 62.00 97663 10/06/00 101810 BASIC CHEMICAL SOLUTION SODIUM HYPOCHLORITE 640.4712.5274 283.18 283.18 97664 10/06/00 102009 BLI INTERNATIONAL BATTERY SAVERS 010.4201. 5601 611.94 611.94 97665 10/06/00 102024 JULIE BLOCK REF. PARK DEPOSIT-BLOCK 010.0000.4354 25.00 25.00 97666 10/06/00 012168 BOXX EXPRESS UPS SHIPMENTS 010.4201. 5201 151,33 151.33 97667 10/06/00 012754 BREZDEN PEST CONTROL AGFD QTLY PEST CONTROL 010.4213.5303 90.00 90.00 97668 10/06/00 013026 BRISCO MILL & LUMBER SCREWDRIVERS 010.4201.5255 17.03 97668 10/06/00 013026 BRISCO MILL & LUMBER CORDS/SURGE PROTECTORS 010.4201.5255 56.78 97668 10/06/00 013026 BRISCO MILL & LUMBER TOWELS/SPRAYS/TOOLS/GLUE 010.4201.5255 128.66 202.47 97669 10/06/00 016695 CA,RESERVE PEACE OFFICE MEMBERSHIPS-CA.RESV.PEACE 010.4201.5503 396.10 396.10 97670 10/06/00 017472 CA. ST. DEPT. CONSERVATION SMIP 1Q 00/01 010.0000,2208 753.00 97670 10/06/00 017472 CA. ST. DEPT. CONSERVATION ADMIN FEE-SMIP 010.0000.4801 37.65- 715.35 97671 10/06/00 018330 CA.ST.DEPT.OF JUSTICE FINGERPRINT CHECK-PD 010.4201.5324 96.00 97671 10/06/00 018330 CA. ST. DEPT. OF JUSTICE FINGERPRINT CHECK-PD 010.4301.5315 32.00 128.00 97672 10/06/00 016146 CALIF.HWY PRODUCTS & SI TEMP.NO PARKING SIGN TAPE 220.4303.5613 92.80 97672 10/06/00 016146 CALIF.HWY PRODUCTS & SI ORANGE REFLECT. PANTS 220.4303.5255 41.75 134.55 97673 10/06/00 021918 CENTRAL COAST SUPPLY BLDG. MAINT. SUPPLIES 010.4213.5604 532.60 97673 10/06/00 021918 CENTRAL COAST SUPPLY RESTROOM SUPPLIES 010.4420.5605 197,88 730.48 97674 10/06/00 100521 CHANNEL COUNTIES DIVIS I CHANNEL CNTY MEETING 010.4001.5501 10.00 10.00 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 3 10/03/00 16:19 VOUCHER/CHECK REGISTER FOR PERIOD 17 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 97675 10/06/00 023322 CHRISTIANSON CHEVROLET FUEL SWITCH 010.4420.5601 11.55 97675 10/06/00 023322 CHRISTIANSON CHEVROLET LUBE/OIL/FILTERS 010.4201. 5601 50.40 97675 10/06/00 023322 CHRISTIANSON CHEVROLET CHECK CHARGING SYSTEM 010.4201. 5601 32.50 97675 10/06/00 023322 CHRISTIANSON CHEVROLET REPL.DRIVE BELT/SHIFT INDlCATO 010.4201. 5601 81. 30 175.75 97676 10/06/00 023400 ROBERT CHUBBUCK REIMB.BOOT REPAIR 010.4201. 5255 55.00 55.00 97677 10/06/00 024102 COAST GRAPHIC SUPPLY PRINTING SUPPLIES 010.4102.5255 200.06 200.06 97678 10/06/00 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 12.00 97678 10/06/00 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 12.00 97678 10/06/00 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 55.00 97678 10/06/00 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 58.00 97678 10/06/00 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 12.00 97678 10/06/00 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 12,00 97678 10/06/00 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 68.00 229.00 97679 10/06/00 026754 CRYSTAL SPRINGS WATER C BOTTLED WATER 010.4001.5201 10.00 97679 10/06/00 026754 CRYSTAL SPRINGS WATER C BOTTLED WATER 010.4301. 5201 25,00 35,00 97680 10/06/00 027924 D.A.R.E.AMERlCA DARE CANVAS TOTE BAGS 010.4201. 5504 29.99 29.99 97681 10/06/00 101969 DE LAGE LANDEN FINANCIA COPIER LEASE#93791 010.4421. 5303 141.25 141. 25 97682 10/06/00 102025 CHRIS DEVINY REF. PARK DEPOSIT-DEVINY 010.0000.4354 25.00 25.00 97683 10/06/00 100808 DHS-WTOC RENEWAL WATER TREAT.LIC.RENEW-TAYLOR 640.4710.5503 47.00 47.00 97684 10/06/00 029796 DOOLEY ENTERPRISES,INC. 12 GA 100Z RIFLE SLUG 010.4201. 5255 311.03 311. 03 97685 10/06/00 101751 EMERGENCY MEDICAL PRODU OXYGEN CYLINDERS 010.4211.5206 88.19 88,19 97686 10/06/00 033150 FEDERAL EXPRESS CORP CIRCULATION-GENERAL PLAN 010.4130.5318 16.90 16.90 97687 10/06/00 101379 FERGUSON ENTERPRISES,IN BRASS ELLS 640.4712.5610 85.80 97687 10/06/00 101379 FERGUSON ENTERPRISES,IN METER BOX LIDS 640.4712.5610 224.90 97687 10/06/00 101379 FERGUSON ENTERPRISES,IN PVC FITTINGS/PIPE 640.4712,5610 224.26 97687 10/06/00 101379 FERGUSON ENTERPRISES,IN PVC FITTINGS 640.4712.5610 72.39 607.35 97688 10/06/00 034352 FIRST NAT'L BANK CENT.C LEASE PORCH.HONEYWELL RETRO 010.4145.5403 25,761. 78 25,761. 78 97689 10/06/00 100881 FIVE CITIES DUPLICATE REF.W/C DEPOSIT-5 CITIES DUP. 010.0000.2206 250,00 250.00 97690 10/06/00 100691 FIVE CITIES-TIMES LEGAL 77513 010.4130.5301 48.00 97690 10/06/00 100691 FIVE CITIES-TIMES LEGAL 77514 010.4130,5301 52.50 97690 10/06/00 100691 FIVE CITIES-TIMES LEGAL 77515 010.4130.5301 55.50 156.00 97691 10/06/00 035802 FRANK'S LOCK & KEY INC DUP.KEYS/DOOR BOLT 640.4712.5601 8.68 97691 10/06/00 035802 FRANK'S LOCK & KEY INC DUP.KEYS/DOOR BOLT 010.4420.5605 3.22 11.90 97692 10/06/00 101901 THE FRESNO BEE CLASS AD-ASSOC. ENG 010.4301.5201 330.01 330.01 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 4 10/03/00 16:19 VOUCHER/CHECK REGISTER FOR PERIOD 17 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 97693 10/06/00 039312 CITY OF GROVER BEACH SEWER BILL-CORP. YARD 612.0000.4751 40.58 40.58 97694 10/06/00 101088 HANSON AGGREGATES ASPHALT 220.4303.5613 78.35 97694 10/06/00 101088 HANSON AGGREGATES ASPHALT 220.4303.5613 202.05 280.40 97695 10/06/00 102027 SHEILA HARDY REF. PARK DEPOSIT-HARDY 010.0000.4354 25.00 25.00 97696 10/06/00 044496 INFORMATION SERVICES DP ON LINE TRANS-AUG 010.4201. 5606 84,04 84.04 97697 10/06/00 046176 J J'S FOOD COMPANY SUPPLIES-ZONE 3 010.4001. 5201 5.17 97697 10/06/00 046176 J J'S FOOD COMPANY SUPPLIES-LIEBERT 010.4101.5501 15.63 97697 10/06/00 046176 J J'S FOOD COMPANY SUPPLIES-LIEBERT 010.4101. 5501 52.22 97697 10/06/00 046176 J J'S FOOD COMPANY SUPPLIES-CM INTRO 010.4101.5201 24.52 97.54 97698 10/06/00 046410 J.W.ENTERPRISES TOILET RENTAL 220.4303.5552 91. 73 91.73 97699 10/06/00 101604 BARBIE JONES REIMB.SNACK SUPPLIES-JONES 010,4425.5259 111.15 97699 10/06/00 101604 BARBIE JONES REIMB.SNACK SUPPLIES-JONES 010.4425.5255 25.51 97699 10/06/00 101604 BARBIE JONES TRAVEL REIMB-JONES 010,4425.5303 26.08 162.74 97700 10/06/00 101652 J.J KELLER & ASSOCIATES HAZMAT UPGRADE MATERIALS 220.4303.5503 146.89 146.89 97701 10/06/00 102029 ELOISE KOHAL REF. PARK DEPOSIT-KOHAL 010.0000.4354 25.00 25.00 97702 10/06/00 052270 LIGHTNING POWDER CO,INC NIK STICK #8 TEST STICKS 010.4201. 5255 45.96 45.96 97703 10/06/00 101173 LONGS DRUG STORE PHOTO PROCESSING-AUG 010.4201. 5255 68.49 68.49 97704 10/06/00 053118 LUCIA MAR UN.SCH.DIST. SPECIAL ENFORCE OPERATION EXP 010.4201.5255 24.00 24.00 97705 10/06/00 053820 MC CARTHY STEEL INC ANGLE IRON 350,5632.7001 12.64 12.64 97706 10/06/00 056394 MIDAS MUFFLER & BRAKE ALIGNMENT 010.4201.5601 49.95 97706 10/06/00 056394 MIDAS MUFFLER & BRAKE LUBE/OIL/FILTER/TRANS.FLUSH 010.4201. 5601 172 . 64 222.59 97707 10/06/00 057096 MINER'S ACE HARDWARE HOLE SAW/DRILL BIT 010.4420.5605 35.15 97707 10/06/00 057096 MINER'S ACE HARDWARE PLUMBING SUPPLIES 640.4712.5610 1.48 97707 10/06/00 057096 MINER'S ACE HARDWARE ARMR ALL/SPRAY LUBE 010.4211. 5601 20.77 97707 10/06/00 057096 MINER'S ACE HARDWARE HOSE/TWIST NOZZLES 010.4211.5605 48.77 97707 10/06/00 057096 MINER'S ACE HARDWARE DRILL BITS/SCREWS 220.4303.5613 33.64 97707 10/06/00 057096 MINER'S ACE HARDWARE PAINTBRUSH/THINNER 220.4303.5613 63.08 97707 10/06/00 057096 MINER'S ACE HARDWARE FLOOD BULB 010.4211.5603 12.83 97707 10/06/00 057096 MINER'S ACE HARDWARE BULBS 010.4420.5605 29.98 97707 10/06/00 057096 MINER'S ACE HARDWARE SOCKETS 010.4420.5605 9.08 97707 10/06/00 057096 MINER'S ACE HARDWARE HANDLES/SPRAY PAINT 220.4303.5613 41. 53 97707 10/06/00 057096 MINER'S ACE HARDWARE PVC ADAPTERS/JUNCT.BOX 010.4420.5605 23.52 97707 10/06/00 057096 MINER'S ACE HARDWARE PAINT/WD-40/NUTS 640.4712.5610 39.35 359,18 97708 10/06/00 057174 MISSION OFFICE PRODUCTS OFFICE SUPPLIES 010.4211.5201 125,53 97708 10/06/00 057174 MISSION OFFICE PRODUCTS OFFICE SUPPLIES 010.4120.5201 15.93 97708 10/06/00 057174 MISSION OFFICE PRODUCTS OFFICE SUPPLIES 010.4120.5201 66.26 -- VOUCHRE2 CITY OF ARROYO GRANDE PAGE 5 10/03/00 16:19 VOUCHER/CHECK REGISTER FOR PERIOD 17 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 97708 10/06/00 057174 MISSION OFFICE PRODUCTS OFFICE SUPPLIES 010.4421.5201 99.47 97708 10/06/00 057174 MISSION OFFICE PRODUCTS OFFICE SUPPLIES 010.4421. 5201 10.14 97708 10/06/00 057174 MISSION OFFICE PRODUCTS OFFICE SUPPLIES 010.4421. 5201 8.24 325.57 97709 10/06/00 057280 MITCHELL & POWER A/C UNIT-CC 010.4213.5303 1,000.00 1,000.00 97710 10/06/00 102028 MOSS BEACH HOMES/ASPlRA REF. PARK DEPOSIT-MOSS BEACH 010.0000.4354 25.00 25.00 97711 10/06/00 053428 MPH INDUSTRIES, INC. CABLE ASSEMBLY W/CONNECTORS 010.4201. 5603 54.51 54.51 97712 10/06/00 102026 CORRENA MUNSON REF.PARK DEPOSIT-MUNSON 010.0000.4354 25.00 25.00 97713 10/06/00 100256 NEXT DAY SIGNS BANNER SIGNS-CITY COUNCIL 010.4001. 5201 52.12 52.12 97714 10/06/00 063960 PACIFIC BELL FAX 473-0386 010.4145.5403 69.41 97714 10/06/00 063960 PACIFIC BELL PHONE 489-2174 010.4201. 5403 35.19 97714 10/06/00 063960 PACIFIC BELL PHONE 473-2198 010.4145.5403 79.52 97714 10/06/00 063960 PACIFIC BELL PHONE 473-5100 010.4145.5403 659.77 97714 10/06/00 063960 PACIFIC BELL PHONE 473-5141 010.4145.5403 405.50 97714 10/06/00 063960 PACIFIC BELL PHONE 271-6566 010.4145.5403 47.91 97714 10/06/00 063960 PACIFIC BELL PHONE 489-6944 010.4201. 5403 140.55 97714 10/06/00 063960 PACIFIC BELL PHONE 271-7480 010.4145.5403 64.03 97714 10/06/00 063960 PACIFIC BELL PHONE 489-9867 010.4201.5403 53.70 1,555.58 97715 10/06/00 064194 PACIFIC GAS & ELECTRIC ELECTRIC 010.4304.5402 985.68 97715 10/06/00 064194 PACIFIC GAS & ELECTRIC ELECTRIC 640.4712.5402 212.49 97715 10/06/00 064194 PACIFIC GAS & ELECTRIC ELECTRIC 640.4711.5402 9,134.17 97715 10/06/00 064194 PACIFIC GAS & ELECTRIC ELECTRIC 612.4610.5402 779.52 97715 10/06/00 064194 PACIFIC GAS & ELECTRIC ELECTRIC 010.4145.5401 5,896.36 97715 10/06/00 064194 PACIFIC GAS & ELECTRIC ELECTRIC 217.4460.5355 7.29 97715 10/06/00 064194 PACIFIC GAS & ELECTRIC ELECTRIC 010.4304.5402 11,907.18 97715 10/06/00 064194 PACIFIC GAS & ELECTRIC ELECTRIC 010.4304,5402 44.70 28,967.39 97716 10/06/00 102030 PINK TRANSFER,INC RELOCATION EXP-ADAMS 010.4101. 5319 4,656.16 4,656.16 97717 10/06/00 066924 PLAQUE SHAQUE CITY OF AG LAPEL PINS 010.4001.5201 429.00 9771 7 10/06/00 066924 PLAQUE SHAQUE EMS ENGRAVED PLATES 010.4211. 5206 48.26 97717 10/06/00 066924 PLAQUE SHAQUE RETIREES PLAQUE 010.4201. 5504 80.44 9771 7 10/06/00 066924 PLAQUE SHAQUE PLAQUE/HEATH&PLATE/WULFING 010.4201. 5504 42.90 600.60 97718 10/06/00 100724 R.L. POLK & CO. MOTOR VEHICLE REGIS BOOK 010.4201. 5255 46.12 46.12 97719 10/06/00 067548 POOR RICHARD'S PRESS BUDGET 2000-01 COVERS/DIVIDERS 010.4102.5255 988.29 988.29 97720 10/06/00 067890 PRAXAIR DISTRIBUTION,IN OXYGEN 010.4211.5206 16.74 16.74 97721 10/06/00 075816 SAN LUIS POWERHOUSE ANNUAL GENERATOR SVC 010.4201.5603 222.85 97721 10/06/00 075816 SAN LUIS POWERHOUSE ANNUAL SVC ON REPEATOR GEN 010.4201.5603 202.72 425.57 97722 10/06/00 073164 DAVID SANCHEZ REIMB.UNITED AIRFARE TO SACTO 010.4201.5504 293.00 293,00 - VOUCHRE2 CITY OF ARROYO GRANDE PAGE 6 10/03/00 16:19 VOUCHER/CHECK REGISTER FOR PERIOD 17 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 97723 10/06/00 076830 SANTA MARIA TIRE INC. STOCK TIRES 010.4201. 5601 318.68 318.68 97724 10/06/00 100992 SCIENTIFIC VISION SYSTE 6 SONY PRINTER PACKS 010.4201. 5255 439.81 439.81 97725 10/06/00 078156 SEBASTIAN OIL DISTRIB. GAS/DIESEL 010.4211. 5608 162.01 97725 10/06/00 078156 SEBASTIAN OIL DISTRIB. GASOLINE 010.4201. 5608 1,665,33 1,827.34 97726 10/06/00 075114 SLO CNTY GENERAL HOSPIT LEGAL TOX SCREEN/AUG 010,4201.5324 28.00 28.00 97727 10/06/00 100124 SLO CNTY OFFICE OF EDUC FINGERPRINTS-CAMERON 010.4201. 5315 12.00 97727 10/06/00 100124 SLO CNTY OFFICE OF EDUC FINGERPRINTS-BAGGS/JUAREZ/STAR 010.4425.5315 24.00 97727 10/06/00 100124 SLO CNTY OFFICE OF EDUC FINGERPRINTS-BAGGS/JUAREZ/STAR 010.4301. 5315 12.00 48.00 97728 10/06/00 080340 SNAP-ON TOOLS CORP PIPE WRENCH 010.4305.5273 67.14 67.14 97729 10/06/00 082040 STAPLES OFFICE SUPPLIES 010.4201.5201 327.34 97729 10/06/00 082040 STAPLES OFFICE SUPPLIES 010.4201. 5201 299.96 627.30 97730 10/06/00 100592 A.D. STARR SOFTBALLS FOR LEAGUES 010.4424.5257 1,643.00 1,643,00 97731 10/06/00 082328 STERLING COMMUNICATIONS SERVICE AGREE-OCT 2000 010.4201.5606 995.00 97731 10/06/00 082328 STERLING COMMUNICATIONS REPR.RADAR TRAILER ALARM 010.4201.5601 38.00 97731 10/06/00 082328 STERLING COMMUNICATIONS REPR.TOUCHMASTER SIREN 010.4201. 5603 166.83 1,199.83 97732 10/06/00 082486 STEWARD CO PRINTING SUPPLIES 010.4102.5255 83.28 83,28 97733 10/06/00 083226 SUNSET NORTH CAR WASH CAR WASHES 010.4201.5601 249.95 97733 10/06/00 083226 SUNSET NORTH CAR WASH CAR WASHES 010.4420.5601 30.00 97733 10/06/00 083226 SUNSET NORTH CAR WASH CAR WASHES 220.4303.5601 15.00 97733 10/06/00 083226 SUNSET NORTH CAR WASH CAR WASHES 640.4712.5601 15.00 97733 10/06/00 083226 SUNSET NORTH CAR WASH CAR WASHES 010.4305.5601 8.95 97733 10/06/00 083226 SUNSET NORTH CAR WASH CAR WASHES 010.4301.5601 62.00 97733 10/06/00 083226 SUNSET NORTH CAR WASH CAR WASHES 010.4420.5601 15.00 395.90 97734 10/06/00 083382 SUPERIOR QUALITY COPIER FAX MACHINE FINAL PAYMENT 010.4101,5201 111.72 97734 10/06/00 083382 SUPERIOR QUALITY COPIER FAX MACHINE FINAL PAYMENT 010.4002.5201 111.72 97734 10/06/00 083382 SUPERIOR QUALITY COPIER FAX MACHINE FINAL PAYMENT 010.4130.5201 111.72 97734 10/06/00 083382 SUPERIOR QUALITY COPIER FAX MACHINE FINAL PAYMENT 010.4120.5201 111.71 446.87 97735 10/06/00 084474 TELEGRAM TRIBUNE SUBSCRIPT-TT 010.4101.5503 144.00 144,00 97736 10/06/00 086346 TROESH READY MIX CONCRETE 350.5632.7001 675.68 675.68 97737 10/06/00 086736 DO'ITIE TRULOCK DOG OBEDIENCE CLASSES 010.4424.5351 1,024.80 1,024.80 97738 10/06/00 088084 UNITED GREEN MARK,INC. SPRINKLER PARTS 010.4420,5605 28.26 97738 10/06/00 088084 UNITED GREEN MARK, INC. SPRINKLER PARTS 010.4420.5605 42.87 97738 10/06/00 088084 UNITED GREEN MARK,INC. SPRINKLER PARTS 010.4420.5605 26.52 97738 10/06/00 088084 UNITED GREEN MARK, INC. SPRINKLER SUPPLIES 010.4430.5605 610.79 708.44 9'7'739 10/06/00 100098 V.T.& ASSOCIATES,INC REGIS-JOHN ALLEN(ETHlCAL LEAD) 010,4201.5501 297.00 297.00 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 7 10/03/00 16:19 VOUCHER/CHECK REGISTER FOR PERIOD 17 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 97740 10/06/00 089426 VAVRINEK,TRINE,DAY & CO PROF.SVCS-99/00 INTERIM AUDIT 010.4120.5303 2,000.00 2,000.00 97741 10/06/00 102007 VERIZON WIRELESS CELL PHONE-PD CARS 010.4145.5403 305,02 97741 10/06/00 102007 VERIZON WIRELESS CELL PHONE-PKS SUPER 010.4421. 5303 15.55 97741 10/06/00 102007 VERIZON WIRELESS CELL PHONE-FD 010.4211.5403 17 ,01 97741 10/06/00 102007 VERIZON WIRELESS CELL PHONE-PKS DIR 010.4421.5602 21.78 97741 10/06/00 102007 VERIZON WIRELESS CELL PHONE-SPORTS FACILITY 010.4430.5605 24.69 97741 10/06/00 102007 VERIZON WIRELESS CELL PHONE-ENG 1 010.4211.5403 19.04 403.09 97742 10/06/00 090480 WAYNE'S TIRE TIRES 010.4201. 5601 114.08 97742 10/06/00 090480 WAYNE'S TIRE REPL.BALL JOINT/ALIGN 220.4303.5601 230.56 97742 10/06/00 090480 WAYNE'S TIRE LUBE/OIL/FILTER 010.4201.5601 22.27 97742 10/06/00 090480 WAYNE'S TIRE LUBE/OIL/ROTOATE 220.4303.5601 39.16 406.07 97743 10/06/00 100290 WILDERNESS OUTFITTERS FUEL BOTTLES 010.4211.5273 68.64 68.64 97744 10/06/00 100431 WILLARD PAPER CO COPY PAPER 010.4102.5255 402.19 97744 10/06/00 100431 WILLARD PAPER CO PAPER/ENVELOPES 010.4102.5255 434.09 836.28 97745 10/06/00 092586 LEE WILSON ELECTRIC COM TRAFFIC SIG.MAINT-AUG 010.4304.5303 1,212.75 1,212,75 TOTAL CHECKS 95,761.39 --. -----~._-- VOUCHRE2 CITY OF ARROYO GRANDE PAGE 8 10/03/00 16:19 VOUCHER/CHECK REGISTER FOR PERIOD 17 FUND TITLE AMOUNT 010 GENERAL FUND 81,754.50 217 LANDSCAPE MAINTENANCE DISTRICT 7.29 220 STREETS FUND 2,021.93 284 REDEVELOPMENT AGENCY FUND 77.74 350 CAPITAL IMPROVEMENT FUND 688.32 612 SEWER FUND 820.10 640 WATER FUND 10,391. 51 TOTAL 95,761.39 ATTACHt1ENT 3 CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 9/15 TO 9/28/00 1 0/06/00 FUND 010 232,225.26 Salaries Full time 139,836.39 FUND 220 11,415.28 Salaries Part-Time 30,100.31 FUND 284 4,672.17 Salaries Over-Time 9,151.73 FUND 612 2,929.10 Holiday Pay 5,466.93 FUND 640 10,105.58 Sick Pay 4,028.40 261,347.39 Annual Leave Pay - Vacation Buyback 2,169.95 Vacation Pay 3,671.91 Comp Pay 5,991.37 Annual Leave Pay 5,452.71 PERS Retirement 14,759.85 Social Security 14,576.55 PARS Retirement 264.96 State Disability Ins. 519.68 Health Insurance 19,547.27 Dental Insurance 3,621.00 Vision Insurance 775.78 Life Insurance 537.60 Long Term Disability - Uniform Allowance - Car Allowance 400.00 Council Expense 375.00 Employee Assistance - Uniform Allowance - Motor Pay 100.00 Total: 261,347.39 _.._._-,-_.._-_.._~_. - ATTACHMENT 4 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 1 10/11/00 08:54 VOUCHER/CHECK REGISTER FOR PERIOD 17 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 308 10/06/00 005616 CITY OF ARROYO GRANDE G.A.REIMB 9-28-00 P/R 011.0000,1015 198,116.12 198,116.12 309 10/06/00 101771 CITY OF ARROYO GRANDE POSTAGE 010.4201. 5201 10.04 309 10/06/00 101771 CITY OF ARROYO GRANDE CDOA REGION II MTG/HULGAN 010.4201. 5501 15.00 309 10/06/00 101771 CITY OF ARROYO GRANDE SR. POLICE OFFICER ORAL BOARD 010.4201. 5501 14.15 309 10/06/00 101771 CITY OF ARROYO GRANDE TRAINING EXPENSES 010.4201. 5501 78.38 309 10/06/00 101771 CITY OF ARROYO GRANDE HARVEST FESTIVAL SUPPLIES 010.4201. 5255 28.80 309 10/06/00 101771 CITY OF ARROYO GRANDE FILM/PP/ARMORY SUPPLIES 010.4201.5255 30.97 309 10/06/00 101771 CITY OF ARROYO GRANDE OFFICE SUPPLIES 010.4201. 5201 28.01 309 10/06/00 101771 CITY OF ARROYO GRANDE CORDS/CLIPS/COVERS 010.4201.5604 43.70 309 10/06/00 101771 CITY OF ARROYO GRANDE MEETING SUPPLIES 010.4201.5504 49.69 298.74 310 10/09/00 100855 CAROL ANDERSON TRAVEL ADVANCE-ANDERSON 010.4120.5501 186.00 186.00 97757 10/13/00 085176 3 T EQUI PMENT CO SEWER CLEANING HOSE 612.4610.5610 95.74 95.74 97758 10/13/00 000234 A & R WELDING SUPPLY OXY & ACET GASES 010.4305.5303 14.00 14,00 97759 10/13/00 003120 AMERICAN INDUSTRIAL SUP FIRST AID KITS 220.4303.5255 106.82 97759 10/13/00 003120 AMERICAN INDUSTRIAL SUP FIRST AID SUPPLIES 220.4303.5255 105.26 97759 10/13/00 003120 AMERICAN INDUSTRIAL SUP FIRST AID SUPPLIES 640.4712.5255 34.03 97759 10/13/00 003120 AMERICAN INDUSTRIAL SUP FIRST AID SUPPLIES 612.4610.5255 34.03 97759 10/13/00 003120 AMERICAN INDUSTRIAL SUP OINTMENT/WIPES/COLD PACKS 010.4420.5255 128.16 97759 10/13/00 003120 AMERICAN INDUSTRIAL SUP ANTACID TABS 010.4420.5255 9.87 418.17 97760 10/13/00 100897 AMERICAN TEMPS RHINEHART SVCS-9/30 220.4303.5303 703.20 703.20 97761 10/13/00 004914 APEX SHARPENING WORKS ROPE/ROTOR-CHAIN SAW 010.4211.5603 11.74 11.74 97762 10/13/00 006006 ARROYO GRANDE FLOWER SH FLORAL ARRANGEMENT-D. PERRIN 010.4001. 5504 50.94 50.94 97763 10/13/00 102038 ASCE, LA SECTION CLASS AD-ASST. CITY ENG 010.4301. 5201 240.00 240.00 97764 10/13/00 101997 THE BAKERSFIELD CALIFOR CLASS AD-ASSOC. ENG 010.4301.5201 218.51 218.51 97765 10/13/00 009438 BARKLOW'S FIRE TRUCK PA BARYFOIL SOUND BARRIER 010.4211. 5601 259.17 259.17 97766 10/13/00 009750 BRENDA BARROW REIMB.FILM/BANNER MATERIALS 010.4424.5252 40.74 40.74 97767 10/13/00 009984 BATES PLUMBING URINAL DRAIN STOPPAGE 010.4211.5303 161.16 161.16 97768 10/13/00 010412 ALBERT BEATTIE RENTAL AUGER DRILL/TARPS/LUMBE 010.4201.5605 256.90 256.90 97769 10/13/00 010800 BERETTA USA REGIS-LARRY COOPER 010.4201.5501 200.00 200.00 97770 10/13/00 010998 BETTER BEEP PAGER/SERVICE 010.4425.5255 36.76 36.76 97771 10/13/00 101782 BOB'S EXPRESS WASH CAR WASH 640.4712.5601 16.66 97771 10/13/00 101782 BOB'S EXPRESS WASH CAR WASH 640.4712.5603 16.66 97771 10/13/00 101782 BOB'S EXPRESS WASH CAR WASH 612.4610.5601 16.66 97771 10/13/00 101782 BOB'S EXPRESS WASH CAR WASH 612.4610.5603 16,66 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 2 10/11/00 08:54 VOUCHER/CHECK REGISTER FOR PERIOD 17 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 97771 10/13/00 101782 BOB'S EXPRESS WASH CAR WASH 220.4303.5601 16.66 97771 10/13/00 101782 BOB'S EXPRESS WASH CAR WASH 220.4303.5603 16.70 97771 10/13/00 101782 BOB'S EXPRESS WASH . CAR WASH 010.4201.5601 18.00 118.00 97772 10/13/00 102033 BOND BLACKTOP,INC. SPRING 2000 PAVEMENT PROJECT 350.5627.7001 69,686.60 69,686.60 97773 10/13/00 013026 BRISCO MILL & LUMBER BLDG. SUPPLIES 010.4213.5604 132.26 97773 10/13/00 013026 BRISCO MILL & LUMBER SANDER/SANDPAPER 010.4213,5604 98.50 97773 10/13/00 013026 BRISCO MILL & LUMBER SLEDGE HAMMER HANDLE 640.4712.5273 4.60 97773 10/13/00 013026 BRISCO MILL & LUMBER MAIL BOX/LETTERS 220.4303.5255 9.52 97773 10/13/00 013026 BRISCO MILL & LUMBER WIRE BRUSHES/STAPLES 010.4420.5605 9.61 97773 10/13/00 013026 BRISCO MILL & LUMBER DRAIN OPENER/SCREEN 010.4420.5605 37.48 97773 10/13/00 013026 BRISCO MILL & LUMBER BULBS/BINDING 010.4213.5604 175.81 97773 10/13/00 013026 BRISCO MILL & LUMBER LUMBER 350.5632.7001 38.61 506.39 97774 10/13/00 102031 KATHY BULLOCK REF. PRE-PAID CARD-BULLOCK 010.0000.4602 7.50 7.50 97775 10/13/00 101431 BURDINE PRINTING PRINTING-CITY NEWSLETTER 010.4002.5504 1,782.99 97775 10/13/00 101431 BURDINE PRINTING BUNDLING FOR PO CARRIER ROUTES 010.4002.5504 90.00 1,872,99 97776 10/13/00 013806 BURKE AND PACE OF AG LUMBER 220.4303.5613 33.46 33.46 97777 10/13/00 101499 R. BURKE CORPORATION FAIR OAKS AVE/TALLY HO ROAD 350.5630.7001 173,412.05 173,412.05 97778 10/13/00 021940 C.COAST TAXI CAB SERVIC TAXI SVCS SEPT 15-30 225.4553.5507 1,497.50 1,497.50 97779 10/13/00 016458 CALIF PARK & REC SOCIET CPRS MEMBERSHIP-HERNANDEZ 010.4421. 5503 140.00 140.00 97780 10/13/00 102037 CBS TECHNOLOGIES,LLC 10 BUTTON MERLIN TELEPHONE 010.4211.5403 172.00 172.00 97781 10/13/00 021918 CENTRAL COAST SUPPLY R/R SUPPLIES 010.4420.5605 246.35 246.35 97782 10/13/00 101856 CHARTER COMMUNICATIONS CABLE PIPELINE/MODEM LEASE 010.4140.5303 227.90 227.90 97783 10/13/00 023088 CHERRY LANE NURSERY SNAIL BAIT 010.4420.5605 18.22 97783 10/13/00 023088 CHERRY LANE NURSERY LODGE POLES 010.4420.5605 32.11 50.33 97784 10/13/00 023322 CHRISTIANSON CHEVROLET SAFETY INSPECT/LUBE/OIL/FILTER 010.4301. 5601 52.66 97784 10/13/00 023322 CHRISTIANSON CHEVROLET LUBE/OIL/FILTER 010.4213.5601 31. 03 97784 10/13/00 023322 CHRISTIANSON CHEVROLET LUBE/OIL/FILTER/FULE FILTER 010.4420.5601 86.68 97784 10/13/00 023322 CHRISTIANSON CHEVROLET DOOR REPAIR 010.4213.5601 210.31 380.68 97785 10/13/00 023400 ROBERT CHUBBUCK ADTL HOTEL ROOM EXP-CHUBBUCK 010.4201.5501 33.50 33.50 97786 10/13/00 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 12.00 97786 10/13/00 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 87.00 97786 10/13/00 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 12.00 97786 10/13/00 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 12.00 97786 10/13/00 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 60.25 97786 10/13/00 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 79.00 262.25 -~-_._~ -.-- VOUCHRE2 CITY OF ARROYO GRANDE PAGE 3 10/11/00 08:54 VOUCHER/CHECK REGISTER FOR PERIOD 17 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 97787 10/13/00 025818 LARRY COOPER BERETTA CLASS-COOPER 010.4201. 5501 30.00 30.00 97788 10/13/00 100795 CPRS DISTRICT VIII REGIS-5 PEOPLE CPRS DIST.9 010.4421. 5501 150.00 150.00 97789 10/13/00 026832 CUESTA EQUIPMENT CO ICE PACKS 010.4424.5257 51.48 97789 10/13/00 026832 CUESTA EQUIPMENT CO CR:COLD COMPRESS 010.4424.5257 51.48- 97789 10/13/00 026832 CUESTA EQUIPMENT CO REFLECTIVE TAPE 010.4211.5255 186.19 97789 10/13/00 026832 CUESTA EQUIPMENT CO STEEL TOE BOOTS/HANDLES 220.4303.5255 74.46 260.65 97790 10/13/00 102040 MARK DAIGLE REF. PARK DEPOSIT-DAIGLE 010.0000.4354 25.00 25.00 97791 10/13/00 028548 DAYSTAR INDUSTRIES STREET SWEEPING 612.4610.5303 4,975.13 4,975.13 97792 10/13/00 076848 LENNY DE LOS SANTOS TENNIS CLASSES-DE LOS SANTOS 010.4424.5351 179.20 179.20 97793 10/13/00 100789 CINDY DEAN REF. PARK DEPOSIT-DEAN 010.0000.4354 25.00 25.00 97794 10/13/00 101702 DELL MARKETING L.P. FIREWALL SOFTWARE-SERVER 010.4140.6101 563.07 97794 10/13/00 101702 DELL MARKETING L.P. CM/CD WORKSTATIONS 010.4140.6101 2,540.87 97794 10/13/00 101702 DELL MARKETING L.P. CD/FD WORKSTATIONS 010.4140.6101 2,741.33 5,845.27 97795 10/13/00 029484 DIESELRO INC. SVC.CALL PAVER 220.4303.5603 96.00 97795 10/13/00 029484 DIESELRO INC. SEAL REPAIR 010.4420.5601 329.57 97795 10/13/00 029484 DIESELRO INC. COOLANT LEAK REPAIR 010.4420,5601 41. 09 466.66 97796 10/13/00 102032 SALLY EMERSON REF.PRE-PAID CARD-EMERSON 010.0000.4602 34.25 34,25 97797 10/13/00 033072 FARM SUPPLY CO. CONTROLLER 010.4420.5605 74.77 97797 10/13/00 033072 FARM SUPPLY CO. CONTROLLER 010.4430.5605 213.43 97797 10/13/00 033072 FARM SUPPLY CO. CR:CONTROLLER 010.4430.5605 211.38- 76.82 97798 10/13/00 101379 FERGUSON ENTERPRISES,IN GASKETS/BOLTS 612.4610.5610 96.53 97798 10/13/00 101379 FERGUSON ENTERPRISES,IN BLIND FLANGE 612.4610.5610 14.16 110.69 97799 10/13/00 100691 FIVE CITIES-TIMES LEGAL 77500 010.4002.5301 198.00 97799 10/13/00 100691 FIVE CITIES-TIMES LEGAL 80210 010.4002.5301 31. 50 229.50 97800 10/13/00 102039 FORD MOTOR CREDIT CO RANGER TRUCK LEASE PAYMENT 010.4145.5803 2,543.29 2,543.29 97801 10/13/00 101662 FORD QUAILTY FLEET CARE REPRAIR-PW34 & 42 640.4712.5601 39.56 39.56 97802 10/13/00 035802 FRANK'S LOCK & KEY INC DUP.KEYS 010.4305,5601 10.94 10.94 97803 10/13/00 102035 DICK FRANKS REIMB.EVIDENCE PICKUP-CONCORD 010.4201.5501 85.28 85,28 97804 10/13/00 036114 FULTON FIRE ENGR.INC. SPRINKLER REVIEW-121 E.BRANCH 010.4212.5303 165.00 165,00 97805 10/13/00 039312 CITY OF GROVER BEACH DOG OBEDIENCE CLASS 010.4424.5351 202.50 202.50 97806 10/13/00 102041 LISA HALL REF. PARK DEPOSIT-HALL 010.0000.4354 25.00 25.00 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 4 10/11/00 08:54 VOUCHER/CHECK REGISTER FOR PERIOD 17 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 97807 10/13/00 100044 NORMA HARLOE REF. PARK DEPOSIT-HARLOE 010.0000.4354 25.00 25.00 97808 10/13/00 100635 HARRY'S RADIATOR SVCS R/R RADIATOR 010.4213.5601 336.27 97808 10/13/00 100635 HARRY'S RADIATOR SVCS R/R WATER PUMP 010.4213.5601 260.81 597.08 97809 10/13/00 102034 HEALING ARTS COMMUNI CAT FIRE PREV.VIDEOS 010.4211.5504 165.90 165.90 97810 10/13/00 043290 CHERI HULGAN DARE VEHICLE FUEL/CHAIRS 010.4201.5504 42.93 42.93 97811 10/13/00 043914 JOSEPH IANNEO REIMB.GASOLINE-IANNEO 010.4201.5501 86.65 86.65 97812 10/13/00 101848 INVENSYS METERING SYSTE STRAINER/BOTTOM PLATES 640.4712.5611 18.02 18.02 97813 10/13/00 046098 J C LANDSCAPING LANDSCAPE MAINT. 010.4420.5303 380.00 97813 10/13/00 046098 J C LANDSCAPING LANDSCAPE MAINT. 217.4460.5356 120,00 500.00 97814 10/13/00 046176 J JOS FOOD COMPANY KITCHEN SUPPLIES 010.4211.5255 2.69 2.69 97815 10/13/00 100869 KIS COMMUNICATIONS,INC DOMAIN NAME RENEWAL TO 10/2001 010.4140.5303 35.00 35.00 97816 10/13/00 101960 MARK LACOUAGUE REIMB.MILEAGE-LACOUAGUE 010.4201. 5501 78.43 78.43 97817 10/13/00 102042 JULIE LEBENS REF. PARK DEPOSIT-LEBENS 010.0000.4354 25.00 25.00 97818 10/13/00 101999 MAINLINE VIDEO INSPECT-PHASE 111 ,350.5812.7501 867.24 867.24 97819 10/13/00 102043 MID-STATE BANK FAIR OAKS AVE-RETENTION#l 350.5630.7001 9,118.33 97819 10/13/00 102043 MID-STATE BANK FAIR OAKS AVE-RETENTION#l 350.5631.7001 6,878.74 97819 10/13/00 102043 MID-STATE BANK FAIR OAKS AVE RETENTION#2 350.5630,7001 10,982.77 97819 10/13/00 102043 MID-STATE BANK FAIR OAKS AVE RETENTION#2 350.5631.7001 8,285.24 35,265.08 97820 10/13/00 056394 MIDAS MUFFLER & BRAKE R/R BRAKES-P402 010.4213.5601 246.65 97820 10/13/00 056394 MIDAS MUFFLER & BRAKE CR:R/R BRAKES-P402 010.4213.5601 246.65- 97820 10/13/00 056394 MIDAS MUFFLER & BRAKE LUBE/OIL/FILTER-P20 010.4420.5601 135.51 135.51 97821 10/13/00 056940 MIER BROS. CONCRETE 350.5632.7001 174.71 97821 10/13/00 056940 MIER BROS. CONCRETE 350.5632.7001 92.65 97821 10/13/00 056940 MIER BROS. CONCRETE 640.4712.5610 67.57 97821 10/13/00 056940 MIER BROS. CONCRETE 350.5632.7001 84.94 97821 10/13/00 056940 MIER BROS. CONCRETE 640.4712.5610 41. 51 97821 10/13/00 056940 MIER BROS. CONCRETE 640.4712.5610 41.51 97821 10/13/00 056940 MIER BROS. CONCRETE 640.4712.5610 92,66 97821 10/13/00 056940 MIER BROS. CONCRETE 350.5632.7001 101.35 696.90 97822 10/13/00 057096 MINER'S ACE HARDWARE AA BATTERY 010.4420.5605 2.67 97822 10/13/00 057096 MINER'S ACE HARDWARE PAINT/WASHERS 220.4303.5613 41.18 97822 10/13/00 057096 MINER'S ACE HARDWARE TRASH CANS 010.4213.5604 32.15 97822 10/13/00 057096 MINER'S ACE HARDWARE MINI DUSTER 010.4420.5605 4.28 97822 10/13/00 057096 MINER'S ACE HARDWARE MISC. HARDWARE 010.4420.5605 2.45 97822 10/13/00 057096 MINER'S ACE HARDWARE MISC. HARDWARE 010.4420.5605 1. 67 97822 10/13/00 057096 MINER'S ACE HARDWARE ADAPTER 640.4712.5610 1. 06 -,.- VOUCHRE2 CITY OF ARROYO GRANDE PAGE 5 10/11/00 08:54 VOUCHER/CHECK REGISTER FOR PERIOD 17 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 97822 10/13/00 057096 MINER'S ACE HARDWARE FLAG POLES/SCREW DRIVERS 010.4420.5605 20.24 97822 10/13/00 057096 MINER'S ACE HARDWARE PVC NIPPLES/BUSHINGS 640.4712.5610 1. 90 97822 10/13/00 057096 MINER'S ACE HARDWARE NOZZLE/SPRAY PAINT 220.4303.5613 47.40 97822 10/13/00 057096 MINER'S ACE HARDWARE VALVE/ELBOW/NIPPLE 220.4303.5613 11. 01 97822 10/13/00 057096 MINER'S ACE HARDWARE DUCK TAPE/MISC.HARDWARE 220.4303,5613 12.00 178.01 97823 10/13/00 057174 MISSION OFFICE PRODUCTS OFFICE SUPPLIES 010.4421. 5201 145.54 97823 10/13/00 057174 MISSION OFFICE PRODUCTS CR:OFFICE SUPPLIES 010.4421. 5201 7.98- 137.56 97824 10/13/00 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4213.5303 88.80 97824 10/13/00 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4213.5303 37.00 97824 10/13/00 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 640.4712.5143 64,00 97824 10/13/00 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 612.4610.5143 33.80 97824 10/13/00 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4420.5143 97.20 97824 10/13/00 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4305.5143 50.40 97824 10/13/00 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4213.5303 26.50 97824 10/13/00 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4213.5303 39.34 97824 10/13/00 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 220.4303.5143 107.40 544.44 97825 10/13/00 100714 NIXON-EGLI EQUIPT.CO. LINK HANDLE-PAVER 220.4303.5603 17 .19 17.19 97826 10/13/00 061814 NOBLE SAW, INC. REPR.EDGER 010.4420,5603 37.00 97826 10/13/00 061814 NOBLE SAW,INC. FILTERS/RIDER PLATES/SPOOLS 220.4303.5603 375.13 97826 10/13/00 061814 NOBLE SAW,INC. REPR.BUSH CUTTER 010.4420.5603 60.40 472.53 97827 10/13/00 102036 BETHANY NOVAK REF. PARKING CITE#Dl1937 010.0000.4203 20.00 20.00 97828 10/13/00 062322 ONE HOUR PHOTO PLUS COLOR PRINTS 220.4303.5255 14.35 14.35 97829 10/13/00 062712 ORCHARD SUPPLY HARDWARE GAS CANS 640.4712.5255 6.42 6.42 97830 10/13/00 064258 PAGING NETWORK OF LA PAGING SVCS-SEPT 010.4421. 5602 117.44 117.44 97831 10/13/00 067548 POOR RICHARD'S PRESS PRINTING FIRE PREV.OPEN HOUSE 010.4211. 5504 123.99 123.99 97832 10/13/00 102017 RLA ENGINEERING REVIEW STEEL SUPPORT-FD 010.4211.5255 379.50 379.50 97833 10/13/00 101136 S,C.A.C.E.O. REGIS-CROCKETT LEGAL ASPECTS 010.4130.5501 60.00 60.00 97834 10/13/00 100192 SAN LUIS MAILING SVC MAIL UTILITY BILLS 640.4710.5201 941. 22 97834 10/13/00 100192 SAN LUIS MAILING SVC MAILING INSERT-FIRE DEPT 010.4211.5201 56.14 997.36 97835 10/13/00 076740 SANTA MARIA TIMES TPR SUBSCRIPTION 284.4103.5503 20.00 20.00 97836 10/13/00 074490 SLO CNTY DEPT.HEALTH CROSS CONNECT FEES TO 8/31/00 640.4710.5303 932.24 932.24 97837 10/13/00 101287 SLO CNTY IWMA DISPOSAL WASTE OIL 010.4305.5603 35.00 97837 10/13/00 101287 SLO CNTY IWMA DISPOSAL WASTE OIL 640.4711.5603 35.00 70.00 97838 10/13/00 101223 SLO CO. FIRE TRAINING REGIS-LARRY RODKEY 010.4211. 5501 12.00 12.00 , VOUCHRE2 CITY OF ARROYO GRANDE PAGE 6 10/11/00 08:54 VOUCHER/CHECK REGISTER FOR PERIOD 17 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 97839 10/13/00 080886 SOUTHERN AUTO SUPPLY RADIATOR RECOVER 010.4211.5601 8.16 8.16 97840 10/13/00 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 46,59 97840 10/13/00 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 29.66 97840 10/13/00 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 17.48 97840 10/13/00 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 24.85 97840 10/13/00 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 24.12 142.70 97841 10/13/00 082836 STREATOR PIPE & SUPPLY DRINKING FOUNTAIN VALVES 010.4420.5605 118.26 97841 10/13/00 082836 STREATOR PIPE & SUPPLY GAL. PIPE 640.4712.5610 125.14 97841 10/13/00 082836 STREATOR PIPE & SUPPLY WATER PRESSURE GAUGES 640.4712.5610 21.13 264.53 97842 10/13/00 101932 STUDENT TRANSPORATION TRANS 8/2-8/16 010.4425.5303 945.26 945.26 97843 10/13/00 101417 MELANIE TAYLOR REF. PARK DEPOSIT-TAYLOR 010.0000.4354 25.00 25.00 97844 10/13/00 086034 TRI-CITY DISPOSAL SERVI DISPOSAL SERVICES 010.4213.5303 386.71 97844 10/13/00 086034 TRI-CITY DISPOSAL SERVI DISPOSAL SERVICES 010.4213.5303 145.96 532.67 97845 10/13/00 086736 DOTTIE TRULOCK DOG OBEDIENCE CLASSES 010.4424.5351 195.20 195.20 97846 10/13/00 101009 UNISOURCE MAINTENANCE S T.PAPER 010.4213.5604 89.30 89.30 97847 10/13/00 088084 UNITED GREEN MARK,INC. SPRINKLER SUPPLIES 010.4430.5605 153.90 153.90 97848 10/13/00 102007 VERIZON WIRELESS AUG PAST DUE CHARGES-PD CARS 010.4201. 5403 46.01 97848 10/13/00 102007 VERIZON WIRELESS CELL PHONE-CODE ENFORCE 010.4301.5403 51.12 97848 10/13/00 102007 VERIZON WIRELESS CELL PHONE-DIV.CHIEF 010.4211. 5403 17.71 114.84 97849 10/13/00 092590 WIGHTON'S, INC. REPR.ICE MACHINE 010.4211.5603 146.44 146.44 TOTAL CHECKS 510,697.59 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 7 10/11/00 08:54 VOUCHER/CHECK REGISTER FOR PERIOD 17 FUND TITLE AMOUNT 010 GENERAL FUND 21,387.15 011 PAYROLL CLEARING FUND 198,116.12 217 LANDSCAPE MAINTENANCE DISTRICT 120.00 220 STREETS FUND 2,049.99 225 TRANSPORTATION FUND 1,497.50 284 REDEVELOPMENT AGENCY FUND 20.00 350 CAPITAL IMPROVEMENT FUND 279,723.23 612 SEWER FUND 5,282.71 640 WATER FUND 2,500.89 TOTAL 510,697.59 ..... MEMORANDUM TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICE9' SUBJECT: CASH FLOW ANAL YSIS/APPROVAL OF INTERFUND ADVANC FROM THE WATER FACILITY FUND DATE: OCTOBER 24, 2000 RECOMMENDATION: It is recommended the City Council: . Accept the August cash report, . Approve the interfund advance of $178,202 from the Water Facility Fund to cover cash deficits in other funds as of August 30, 2000. FUNDING: No outside funding is required. Attachment A - Cash Balancellnterfund Advance Report ATTACHMENT A CITY OF ARROYO GRANDE CASH BALANCE / INTERFUND ADVANCE REPORT At August 30, 2000 Balance at Recommended Revised Fund 8/30/2000 Advances Balance 010 General Fund 209,110 209,110 210 Fire Protection Impact Fees 5,082 5,082 212 Police Protection Impact Fees 1,232 1,232 213 Park Development 142,914 142,914 214 Park Improvement 1,529 1,529 215 Recreation Community Center 88 88 217 Landscape Maintenance 23,724 23,724 220 Street (Gas Tax) Fund 132,756 132,756 222 Traffic Signalization 459,212 459,212 223 Traffic Circulation 401,725 401,725 224 Transportation Facility Impact 1,579,603 1,579,603 225 Transportation 73,570 73,570 226 Water Neutralization Impact 23,862 23,862 230 Construction Tax 190,667 190,667 231 Drainage Facility 10,448 10,448 241 Lopez Facility Fund 390,519 390,519 271 State COPS Block Grant Fund 15,152 15,152 272 Calif. Law Enf. Technology Grant 24,886 24,886 274 Federal Universal Hiring Grant (8,805) 8,805 0 276 97.98 Fed Local Law Enforcement Grant 85 85 277 98.99 Fed Local Law Enforcement Grant 1,627 1,627 278 99-00 Fed Local Law Enforcement Grant 10,126 10,126 284 Redevelopment Agency (57,727) 57,727 0 285 Redevelopment Set Aside 12,759 12,759 350 Capital Projects (102,127) 102,127 0 612 Sewer Fund (7,096) 7,096 0 634 Sewer Facility 60,124 60,124 640 Water Fund 2,064,481 (178,202) 1,886,279 641 Lopez 603,273 603,273 642 Water Facility 1,472,442 1,472,442 751 Downtown Parking 28,698 28,698 760 Sanitation District Fund 128,747 128,747 761 Rubbish Collection Fund (2,447) 2,447 0 Total City Wide Cash 7,890,239 0 7,890,239 THE ABOVE LISTING ARE THE CASH BALANCES SHOWN IN THE GENERAL LEDGER OF THE CITY OF ARROYO GRANDE AS OF AUGUST 30, 2000. 8.c. MINUTES REGULAR MEETING OF THE CITY COUNCIL SPECIAL MEETING OF THE PLANNING COMMISSION TUESDAY, OCTOBER 10, 2000 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Lady called the Regular City Council and Special Planning Commission meeting to order at 7:00 p.m. 2. ROLL CALL City Council: Plannina Commission: X Mayor Lady X Commissioner Greene X Mayor Pro Tem Ferrara X Commissioner Parker X Council Member Runels X Commissioner Keen X Council Member Tolley X Commissioner Costello X Council Member Dickens X Commissioner London Staff Present: 1L-City Manager 1L-Chief of Police 1L-City Attorney 1L-Director of Administrative Services _Director of Building and Fire 1L-Director of Community Development 1L-Director of Economic Development 1L-Director of Public Works _Director of Parks, Recreation, and Facilities 1L-Director of Financial Services 1L-Assistant Planner 3. FLAG SALUTE Representatives from Boy Scout Troop 489 led the Flag Salute. 4. INVOCATION Pastor Paul Bautts, Bethel Baptist Church, Grover Beach, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. PROCLAMATION - "NATIONAL CHARACTER COUNTSI WEEK" Mayor Lady presented a Proclamation declaring the week of October 15 - 21, 2000 as "National Character Counts! Week" which was accepted by Tobie Charles. ---.--....-------------.-..-.--......-- REGULAR CITY COUNCIL AND SPECIAL PLANNING COMMISSION MINUTES OCTOBER 10, 2000 6. AGENDA REVIEW City Manager Adams requested that Agenda Item #13, Staff Communications, be moved up on the Agenda prior to commencing with New Business. Mayor Lady and the Council agreed to consider Agenda Item #13 following the Consent Agenda. 6.a. RESOLUTIONS AND ORDINANCES READ IN TITLE ONLY Mayor Pro Tem Ferrara moved, Council Member Tolley seconded, and the motion passed unanimously that all resolutions and ordinances presented at the meeting shall be read in title only and all further reading be waived. 7. PUBLIC HEARINGS: None. 8. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS Ella Honeycutt, Coastal San Luis Resource Conservation District Director, stated she had put together a report entitled Civilian Conservation Corps - 1935. She passed out copies of the report to the Council and gave a brief overview of the report which discusses South County soils, soil conservation, and erosion control. She encouraged the Council to read the report and to be aware of the condition of the City's soils. She requested that the City support Erosion Control Month. Nancy DePue, Superintendent for Lucia Mar Unified School District, invited the Council to attend the groundbreaking ceremony for the Nipomo High School on Monday, October 16, 2000 at 10:00 a.m. She thanked the City of Arroyo Grande for the great relationship it has with the School District and for hosting all of the students in the South County for over 50 years. She announced that the Nipomo High School would be opening in the Fall, 2002. 9. CONSENT AGENDA Council Member Tolley moved to approve Consent Agenda Items 9.a. through 9.h., with the recommended courses of action. Council Member Runels seconded the motion. a. Cash Disbursement Ratification. Approved. b. Statement of Investment Deposits. Approved. c. Minutes of City Council Meeting of September 26, 2000. Approved. d. Rejection of Claim Against City - L. Frazier. Rejected Claim. e. Establishment of the Position of Administrative Intern. Adopted Resolution - No. 3485. f. Approval of Employment Agreement. Approved. g. Cost Sharing Electrical Facilities Agreement Between the City of Arroyo Grande and the State of California Department of Transportation. Adopted Resolution No. 3486 and Approved Agreement. 2 REGULAR CITY COUNCIL AND SPECIAL PLANNING COMMISSION MINUTES OCTOBER 10, 2000 h. Authorization to Close Certain City Streets for the Arroyo Grande High School Homecoming Parade. Adopted Resolution No. 3487. Voice Vote LRolI Call Vote Aye Lady Ave Ferrara Aye Runels Aye Tolley Aye Dickens There being 5 A YES, and 0 NOES, the motion is hereby declared to be passed. 13. STAFF COMMUNICATIONS City Manager Adams reported that the City Engineer has received the Final Map for Phase 1 of Tract 2260 (Berry Gardens), and is authorized to approve or disapprove the map on behalf of the City. Tract 2260 is owned by Berry Gardens, LLC and is located east of Oak Park Boulevard between Ash Street and East Grand Avenue. Tract 2260 will subdivide a 36.8 acre property into 180 residential lots, a 0.75 acre public park and a 1.5 acre drainage basin. He said this statement served as a notice that the Final Map for Phase 1 of Tract 2260 will be approved unless appealed to the City Council within ten days following the date of the agenda. Mayor Pro Tem Ferrara asked about the applicant's request for a time extension and whether it was a factor with regard to this item. Director Spagnolo confirmed that the approval of the Final Map would negate the need for an extension. 10. CONTINUED BUSINESS None. 11. NEW BUSINESS 11.a. STUDY SESSION - CITY COUNCIL AND PLANNING COMMISSION City Manager Adams stated the purpose of the study session was to review the City's Economic Development Strategy and discuss its relationship to the General Plan and application to the Grand Avenue Corridor. He recommended the City Council and Planning Commission discuss the following topics: . General Plan Update Process and Schedule; . Economic Development Strategy; . Incorporation of the Economic, Development Strategy into an Economic Development Element of the General Plan; and . East Grand Avenue Design Overlay. 3 ----.---....--- REGULAR CITY COUNCIL AND SPECIAL PLANNING COMMISSION MINUTES OCTOBER 10, 2000 He stated that formal action of the Council and Commission was not required; however, informal direction was being requested before proceeding. City Manager Adams explained that based on previous Council direction, staff had developed recommendations on how to proceed with the completion of the General Plan Update as quickly as possible. He said that staff had been working with representatives of Envicom and Higgins Associates to develop a revised scope of work to proceed. He explained that the information received from Envicom would require an additional expenditure of $226,000 to complete the project which represents an increase of $180,000 over the existing amended contract and $49,000 over the current approved budget amour-to He stated that based on the figures, staff did not recommend authorizing the additional expenditure. Staff recommended termination of the Envicom contract and hiring an in-house staff person on a temporary contract basis to complete the project. He also stated the City Attorney was reviewing the existing Envicom contract and the work product to date to determine if any legal action is recommended. Community Development Director McCants gave a presentation highlighting the status of the General Plan Update and work remaining to be done, including modification of the draft documents prepared by Envicom; the Environmental Review process; the Circulation Element and Traffic Model which will be prepared by Higgins Associates under separate contract; and the inclusion of an Economic Element that reflects the Economic Development Strategy that was approved by the Council. Council Member Dickens asked for clarification on the budget and whether certain items would have to be redone. Director McCants stated that there was some work generated by the previous consultant that Envicom had hired that would be useful to Higgins Associates and would not have to be redone. Mayor Pro Tem Ferrara asked if it was staff's recommendation that the City proceed on all of the Elements in order to ensure consistency within the documents and adopt them as a package or adopt and implement the Elements on an incremental basis. Director McCants replied that the General Plan documents would be presented to the Planning Commission and City Council as a package and would contain aU the Elements. , Council Member Runels asked what the timeframe would be if it was completed in-house. Director McCants estimated that it should be completed by April or May. 4 REGULAR CITY COUNCIL AND SPECIAL PLANNING COMMISSION MINUTES OCTOBER 10, 2000 There was discussion regarding the Circulation Element, the traffic model, and the previous work completed by Higgins Associates. Commissioner London asked why Envicom could not meet the scope of work in the contract. City Manager Adams gave an overview of the circumstances that have occurred since the project began. Commissioner London asked how getting a consultant on board and getting up to speed on the project would fit into the proposed timeframe. Director McCants replied that he has had preliminary discussions with two potential contractors who have indicated their availability. Commissioner Parker referred to the proposed use of an in-house consultant and asked if combining those costs with the Higgins Associates contract would still result in a cost savings from what Envicom was proposing. Director McCants replied yes. Following further discussion regarding the budget, City Manager Adams indicated there would be an approximate savings of $50,000 if the project was completed in-house. Mayor Lady opened the discussion to the public. Richard Venable, 849 Mesa Drive, stated he had participated in the General Plan Update meetings and workshops and he was appalled at the delay on the process. He said it should have been completed by November 2000. He spoke in opposition to the proposed increase by Envicom. Ed Gordon, Arroyo Grande resident, stated he also participated in the meetings and he felt that Envicom was competent. He said whenever there was change in the objective or the details, there were delays and cost increases. He said there was blame for the delay on both sides. He said it was a lot of work to develop a General Plan and all it takes is a 3-2 vote of the City Council to deviate from it. He asked if there was any mechanism to make it more difficult to deviate from the General Plan. Mayor Lady acknowledged that Mr. .Otis Page had recently submitted a letter with regard to that issue; however, he had not had an opportunity to discuss it with the City's legal counsel. Otis Page, 606 Myrtle, referred to a letter he submitted to the City Council which stated that the City should consider a voter referendum to establish that certain key elements of the General Plan be fixed and only changed based on the 5 REGULAR CITY COUNCIL AND SPECIAL PLANNING COMMISSION MINUTES OCTOBER 10, 2000 recommendation of the City Council and subsequent approval of the majority of the voters. He said this places the responsibility for change with the elected officials providing for subsequent concurrence by the citizens.' After speaking of the proposed SOAR initiative, he suggested that the legislative body take the initiative to pursue such a referendum. Ella Honeycutt spoke about the significance of agriculture in Arroyo Grande and encouraged the City to address agriculture in the Economic Element. Mike Titus, 404 Lierly, stated for the first time in a year he was encouraged that the City may finally get an updated General Plan. He said in February it would be three years since the process began and he had been involved in the entire process. He supported staff's recommendation to bring the process in-house for completion. Colleen Martin, 855 Olive, stated that if the City was going to ~ring the General Plan Update in-house, she recommended the C~uncil approve a timeline for completion and sticking to it. Hearing no further public comments, Mayor Lady brought the discussion back to the Council/Commission. Council Members discussed concerns about, the level of increase in funding proposed by Envicom; clarification on the proposal to hire an in-house consultant; the hiring of a firm do conduct the Environmental Review portion of the project; the balance of funds remaining for completion of the project; and pursuing cost recovery from Envicom. Following further comments, the Planning Commissioners and City Council Members reached consensus to direct staff to proceed with terminating Envicom's contract and hiring an in-house staff person on a contract basis to complete the project. Economic Development Director Sheeley gave a presentation highlighting the Economic Development Strategy approved by the City Council on May 23, 2000. She gave an overview of the Strategy's goals for Community Image Enhancement, Light Manufacturing, Agriculture, Retail/Commercial, Tourism, Housing, and the Development Process. Planning Commissioner Costello asked if the Economic Development Strategy needed to be an Element of the General Plan in order to be effective. Director McCants explained the existing Strategy is a statement of goals. He explained that in order for the document to be effective in terms of dealing with planning issues and decisions, it needs to be included in the General Plan as an Element in order to develop a corresponding relationship with the other 6 REGULAR CITY COUNCIL AND SPECIAL PLANNING COMMISSION MINUTES OCTOBER 10, 2000 Elements. He explained that as a stand alone document, it would be more difficult for staff to make findings on land use applications. Commissioner Costello asked what would be a realistic timeframe to complete an Element and adopt it Into the General Plan. Director Sheeley responded that it would be completed and approved on the same timeframe as the General Plan. Mayor Pro Tem Ferrara commented that the issue was whether the Economic Strategy could be used as a tool now, prior to it becoming part of the General Plan. He said his view was that it could because it has goals and It serves as a policy document. He said the Strategy cross references consistency with existing General Plan Elements. He said that although it Is not technically part of the General Plan, It could be used in a manner similar to an Element of the General Plan. He referred to a previous project in which findings were made based on the Development Code and goals in the Economic Development Strategy. He spoke of the need to get this policy information and criteria out to the development community. He said the document should continue to be used as a policy document during the interim period until the General Plan Update is finished. He spoke In support of proceeding with incorporating the Strategy into the General Plan. City Manager Adams clarified that the Strategy could be used now; however, when it is incorporated into the General Plan It would be more effective. Commissioner Keen stated he was in favor of including the Strategy into the General Plan; however, he asked since It was not mandated by the State, it may not be able to be used as effectively. He asked the City Attorney about legal ramifications for the City if a project was denied based on the Economic Development Strategy. City Attorney Carmel responded that staff has incorporated some of the economic policies from the Strategy into the land use criteria that would be used in evaluating a project. He said the City stands on firm legal ground In using the Strategy in Its current form when evaluating projects. He said the City would be far better protected to have the Strategy incorporated into an Economic Element of the General Plan. Commissioner Parker commented on the agriculture portion of the Economic Development Strategy and stated that agriculture should be looked at closely and taken seriously. She said the Strategy encourages and supports retention of agriculture and expansion of commercial agriculture business activities. Commissioner Greene stated he was gratified that the Council was taking the position that the Commission could rely upon the Economic Development 7 ",,,,. REGULAR CITY COUNCIL AND SPECIAL PLANNING COMMISSION MINUTES OCTOBER 10, 2000 Strategy as a basis upon which the Commission can decide whether a project is consistent with the goals and objectives of the City. Mayor Lady opened up the discussion for public comment. Steve Hollister, member of the Economic Development Task Force, thanked the Council for approving the Economic Development Strategy. He stated the Task Force did not mean for the Strategy to usurp the General Plan. Hecommented that it was meant to operate within the framework of the existing General Plan. Hearing no further comments, Mayor Lady closed the public comment period. Director McCants gave a presentation highlighting the process to transform the Economic Development Strategy into an Economic Element in the General Plan. He reviewed State mandated versus optional elements and stated that although adoption of an Economic Element is optional, it would have the same force as a mandated Element. He explained that an Economic Element would include a statement of policy; a basis for specific implementation actions; and would integrate other policies such as land use, circulation, and public facilities. He said the Economic Element would require internal consistency with other Elements of the General Plan. Director McCants explained the Environmental Review process and staff progress to date on researching Economic Elements adopted by other cities. Mayor Pro Tem Ferrara asked for clarification on the development of supporting ordinances for the goals and implementation strategy. He asked if one of the ordinances would be the adoption of an overlay for Grand Avenue to support the goals in the Economic Strategy. Director McCants responded that was correct and that the ordinance would serve as another policy tool with an implementation action that is associated with the objectives and policies that are in the General Plan. City Attorney Carmel clarified that this is the type of tool that staff is looking for in implementing the Economic Development Strategy. He said it was an implementation that can be relied on, is legally effective, and is best suited to adapt the Economic Strategy to a land use tool. Mayor Pro Tem Ferrara asked if the Economic Element would be accomplished in-house. City Manager Adams replied that it could be prepared in-house with existing staff. Commissioner Parker referred to the approval of a proposed overlay and stated it would require public hearings and a Development Code Amendment. She asked if this process could be done now separately from the General Plan Update process. 8 REGULAR CITY COUNCIL AND SPECIAL PLANNING COMMISSION MINUTES OCTOBER 10, 2000 Director McCants replied yes. Mayor Lady opened up the discussion for public comment. Colleen Martin, 855 Olive, asked for an explanation of the East Grand Avenue Gateway idea. Mayor Lady said staff would be giving a presentation on the item. Hearing no further comments, he closed the public comment period. Following further discussion regarding the use of the Economic Development Strategy as a policy document in conjunction with the Development Code and General Plan, staff was directed to proceed with the incorporation of the Economic Development Strategy into the General Plan. Director McCants gave a presentation on the concept of a design overlay for East Grand Avenue. He explained that the overlay would include a set of policies, standards, and an implementation measure that would deal with development of the East Grand Avenue corridor. He said the overlay would be a method to assist , in implementing the Redevelopment Plan. Director McCants explained that the existing Development Code provides for the adoption of design overlays. He reviewed the proposed overlay district boundaries and objectives; proposed use regulations; affected businesses on East Grand Avenue; site development criteria; and design guidelines. Further, he reviewed the process and findings for creating a design overlay. Members of the Planning Commission commented on some of the language in the proposed overlay district guidelines. Mayor Pro Tem Ferrara explained that the introduction of the overlay was to obtain consensus on the use of the concept.. He stated that the document was in process and suggested that the Planning Commission review the report as an Agenda Item at a future meeting. He said the Planning Commission could then review Exhibits Band C which contain permitted uses and proposed design guidelines for the district and then make a recommendation to the City Council. Commission comments included ensuring that the language in the overlay is specific enough so that it sets forth areas in which the Commission and/or Council has some discretion when reviewing projects. Commissioner Greene said areas should be identified in which it is the mandate of the overlay that no discretion should exist; or if there is a limited discretion, to what extent the Commission and/or Council can deviate from the overlay. Further, Commissioner Greene inquired whether this overlay would be considered tentative City policy now and how the issue of retroactivity and projects currently in process would be addressed. 9 REGULAR CITY COUNCIL AND SPECIAL PLANNING COMMISSION MINUTES OCTOBER 10, 2000 Council Member comments included clarifying the definition of non-conforming use; concerns about existing businesses that would become non-conforming with the adoption of a design overlay district; consideration of the existing Level of Service policy; proposed building height limitations in the overlay district; reviewing the potential for certain light manufacturing uses as permitted uses within the district; and a recommendation to increase public outrea~h efforts to encourage public participation in the process. Mayor Lady opened the discussion for public comment. The following members of the public spoke: Colleen Martin, Vernon Frederick, Nancy Gillingham, John Kiff, and Bob Barron. Comments included the concept of the proposed design overlay in an effort to upgrade Grand Avenue; expressing concerns about the negative impact too many development restrictions would have on existing and future businesses on Grand Avenue; commenting on the realities of the commercial real estate market in that there are not enough retailers; suggesting review of alternate retail uses; and encouraging redevelopment on existing properties. Ted Moore, developer for the proposed Longs drug store, said the implementation of the overlay would have a major impact on the project and would kill the project. He commented on some of the proposed guidelines in the overlay district and asked the Council to consider the impact the guidelines would have on how properties can be developed and also be successful. He said the Staff Advisory Committee, Architectural Review Committee, and Planning Commission had preliminarily reviewed his project, and he has been able to incorporate most of the suggestions. He stated he was planning to file an application within the next week or two to begin the formal process and said it could be two more months before the project gets to the Planning Commission. He stated he would like to submit it to the Planning Commission now if the proposed overlay was going to affect his project. Following discussion regarding the proposed project and the intent of the proposed overlay district, it was suggested that Mr. Moore move forward with submitting his project application for review. Peggy Carmichael, stated she was the present owner of the property Mr. Moore was referring to and her family has been paying taxes on the property for 50 years. She said it seems unfair that there is so much control over her property. She spoke in support of the proposed project. Hearing no further comments, Mayor Lady closed the public comments. Mayor Lady thanked and recognized the Planning Commissioners for their efforts while serving on the Commission. 10 REGULAR CITY COUNCIL AND SPECIAL PLANNING COMMISSION MINUTES OCTOBER 10, 2000 Following discussion, staff was directed to refine the proposal for the East Grand Avenue Design Overlay; schedule and conduct workshops with the Planning Commission; increase public notification efforts to encourage public participation and input; and to prepare a recommendation for how retroactivity and projects currently proposed will be addressed. 12. COUNCIL COMMUNICATIONS None. 14. ADJOURNMENT Council Member Tolley moved, Council Member Runels seconded, and the motion passed unanimously to adjourn the meeting. Time: 10:45 p.m. MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, ADMINISTRATIVE SERVICES DIRECTOR! DEPUTY CITY CLERK 11 8.d. MEMORANDUM TO: CITY COUNCIL RICK TerBORCH. CHIEF OF POLlCE~ FROM: SUBJECT: 2000 SAN LUIS OBISPO COUNTY PLAYS IT SAFE (SLOCOPS) GRANT DATE: OCTOBER 24, 2000 RECOMMENDATION: It is recommended the City Council adopt the attached resolution in support of the 2000 SLOCOPS grant. FUNDING: Should the City elect to participate in this program, an estimated $5,300 in grant funds will be available for reimbursement to the City during FY 2000-01 to pay police officer overtime associated with the holiday season driving' under the influence (DUn education/enforcement program (A VOID the Thirteen). DISCUSSION: The California Highway Patrol has secured a grant from the California Office of Traffic Safety for funding to conduct a DUI education/enforcement program during the 2000 Thanksgiving/Christmas holiday season. This funding will be used to offset the overtime costs of the Department's current "AVOID the Thirteen" program which has been successfully utilized countywide over the past fifteen (1 5) years. The" A VOID the Thirteen" program is a concerted drunk driving enforcement program conducted during the holiday season which involves thirteen law enforcement agencies in San Luis Obispo County (the seven municipalities, the Sheriff's Department, the California Highway Patrol, State Parks and Beaches, Cal Poly Police Department, Cuesta College Police Department, and the Atascadero State Hospital Police Department). Under the SLOCOPS program, officers countywide will be assigned, on an overtime basis during identified peak DUI periods, to identify and arrest suspected DUI drivers. Additionally, funds will be available for officers ,to give talks and other educational presentations on the dangers of driving under the influence. The program reimburses up to 1 60 hours of overtime per participating agency. Since this grant program is identical to our current holiday enforcement efforts, this grant is essentially "found money" to reimburse current costs for our proven successful efforts. . --_.__._~~_._- -----~._- In order to participate in this grant program City Council authorization, in the form of the attached resolution, is required. AL TERNA TIVES: The following alternatives are provided for the Council's consideration: - Approve participation in the SLOCOPS Grant Program, or - Do not approve participation in the SLOCOPS Grant Program. RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE POLICE DEPARTMENT TO PARTICIPATE IN A MULTI-AGENCY DUI ENFORCEMENT /EDUCA TION GRANT WHEREAS, the California Highway Patrol has applied for an Office of Traffic Safety grant for the creation of a multi-agency Driving Under the Influence (DUI) enforcement program; and WHEREAS, the grant includes participation by the Police Departments of Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Paso Robles, Pismo Beach, San Luis Obispo, California Polytechnic State University, Cuesta College, Atascadero State Hospital, Sheriff's Department of San Luis Obispo County, California State Parks and Beaches, and the California Highway Patrol; and WHEREAS, the grant funds the participation of the Arroyo Grande Police Department personnel; and WHEREAS, the participation of all agencies will enhance public safety in the entire San Luis Obispo County area based upon a reduction in DUI-related traffic accidents. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande authorizes the Police Department to participate in the grant (known as SLOCOPS) and authorizes the City Manager or his designee to sign the participation agreement. On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: A YES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of , 2000. Resolution No. - MICHAEL A. LADY, MAYOR ATTEST: KELL Y WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY 9.e. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~ SUBJECT: FAIR OAKS AVENUE/TALLY HO ROAD OVERLAY PROJECT PROJECT NO. 2000-3 - PROGRESS PAYMENT NO.3 DATE: OCTOBER 24, 2000 RECOMMENDATION: It is recommended the City Council authorize Progress Payment NO.3 in the amount of $51,221.33 to R. Burke Corporation for the Fair Oaks AvenuelTally Ho Road Overlay, capital improvement project. FUNDING: On June 27, 2000, the Council awarded a construction contract for the Fair Oaks AvenuelTally Ho Road Overlay Project, to R. Burke Corporation in the amount of $599,559 and authorized a contingency of $142,591 to be used for unanticipated costs during the construction phase of the project ($742,150 total available funding). DISCUSSION: The City received an application for Progress Payment NO.3 from R. Burke Corporation for work completed between September 4, 2000 and October 2, 2000. Staff has reviewed the application and has determined that the amount requested is in conformance with the quantity of work completed as of October 2, 2000. Progress Payment No. 3 is in the amount of $51,221.33 of which $5,691.26 will be held in retention until the project is completed in accordance with the project specifications. Attachment: Application for Progress Payment NO.3 projects/23215630/ConstructionADM/pp# 3 ctty of Avvoy&Gv~ Public Works Department Application for Progress Payment No.3 Contract Name: ffrir Ollb Avrnu<, Volley RD4d tmd Tolly H. Rood Contract No: 2000-(12 City Account No: 351).5806-7001 = $51,221.33 Payment Date: 9/4,12000 Unit I n--rinfton I Bid E..i....t. I Amended Eatl....t. P- to Dat. Bid Unit Unit Unit Percent Item (}tv PrIce ArnoII1I (}tv I PrIce ArnoII1I (}tv PrIce ArnoII1I CorTaete PHASE I 1 LS MobIlmtlon AIowanc:e 1 5 5 000,00 5 5 000.00 1 5 5 000,00 t 5 000,00 1 5 1';00000 t .".... '!'" 1""'" 2 LS Tl'1ImcCon1rol 115 7500,00 I.. 7 500,00 1 5 7 !\M,oo .. 7 500.00 1 5 7!\MIIII IC 7M ',M 100% 3 LS T Shoo1'" << Bra";'" 11C' 600,00 ' 15 6OO.M 1 .. 600.00 .. 600,00 1" AMM I.. "'" '.M 100% 4 '" .~ 11 t 1 400,00 I 5 1 400,00 1 t 1 400,00 t 1 400.00 1 5 1AM,M t 1 AI> '!'" 100% SURFACE IMPR",n::M"NTS 5 IS ""lid"" _ 1 .. 19500.00 .. 19500,00 1 .. 19500,00 .. 19500,00 1" 19........M .. 10.......... 100% 6 SF A.C Pa1x:h R8DIIlr 3630 .. 3,40 5 12342.M 7793 .. 3,40 t 26496.20 7793 S ....an t ...........'> 10Mi: 7 Tf'lN Concrete 2300 5 50,00 5115000,00 1071 5 !iO.oo 5 103547.50 7071 5 7'" 1""'" 8 IF C'.........tIo CU:b and Gutter 742 5 21,l1li .. 15 AA2,oo 778 ;5 21,00 .. 15788,00 7?8 5 71 lit t 100% 9 ". Concrete Cross ""dIN and """........ 2 ,,- 4 800,00 5 9800.M 2 .. 4 800,00 .. 9 600.00 2 .. 4"""."" .. DAM,... 100% 10 EA \l\lheek:hair Ramo 10 t 1 380,00 5 13800,00 8 t 1 380,00 t 11 040,00 8 5 1........"" t 11 ".",... 100% 11 SF nn.-u R'- 726 5 6,00 .. 4 :\''18,00 770 15 6,00 .. .. 610,00 770 5 II lit I: 4--.m:nn 100% 12 EA C'......."'" 1<< Tl'1Imc 81"""" 1 5 15000,00 S 15000.00 1.00 r.. 15000,00 i" 15000,00 1,0 .. 1 1"nnnM 100% 13 SF Concrete 8IdewaI< 850 .. 4,30 5 3 655.00 953 .. 4,30 t 4 097.90 953 5 4,..., t .. 1107,90 100% 14 '" R.......re Fl'1Imes and Covers 1 5 8 000,00 .. 8000,00 1 5 8 000,00 5 8 000,00 1 5 800000 s 8nM:,v; 100% 15 LS Pavement Delneation 1 5 5800,00 .. 5 800,00 1 .. 5 800,00 .. 5 800,00 1 .. """".M .. """"M 100% 16 LF CU:b Paintl...12-Coa1s1 300 C 0,90 5 270,00 300 I.. 0,90 t 270.00 o S 0,011 t - 0% UTILITI S 171 LS R......ce Tl'1Imc 81-1 L""". I 11511500,00 I.. 11500,00 I 01 s 11500,00 I .. - o .. 11!\M.M~ - I 100% STORM DRAIN IMPROVEMENTS 18 F 18" Hnp,: S10nn Drain Pioe 38 t 83,00 5 3 154,00 38 t 83,00 t 3154,00 38 s ...,M It ..1....,M 100% 19 LF 24' ..npE S10nn Drain Pioe 62 5 120,00 s 7 440,00 9,5 s 120,00 s 1 140.00 0,5 .. 11000 Is 114",00 1 MIl/, 20 EA S10nn nnoln Manhole 1 .. 3 400,00 S 3 400,00 1 s 3 400.00 .. 3 400,00 1 .. ...tM,M Ie "'i 400,00 100% 21 LF French Drain - \ncI, Pioe, Aller and Backfll o t - S - o .. - t - 0 100% 22 EA S10nn Drain Drop Inlet, 1 $ 5.400,00 $ 5,400,00 1 $ 5,400,00 $ 5.400,00 1 $ 5.400.00 $ 5.400,00 100% Per Detail Al18 W= 7ft 23 EA S10nn Drain Drop InIe~ 1 $ 8.800,00 $ 8.800,00 1 $ 8,800.00 $ 8,800,00 1 $ 8,800,00 $ 8,800,00 100% Per Detail 8/18 W= 14ft 24 LS Removal and DlSDOSaI of Ex. SO Facil1les 1 $ 2000,00 $ 2 000,00 1 $ 2000,00 $ 2 000,00 1 $ 2 000.00 S 2000,00 100% SUBTOTAL BID - PHASE I $ 279 099 $ 281 854 . 211 313.80 100% PHASE I GEN"RAL REf'lUIR"MENTS 71'; LS Mohi....lon AIowanc:e I 115 2000,00 I.. 2000,00 I 11 s 2000,00 I.. 2 000,00 I 11 s 7 00II,00 I 100% 26 L'" T..mcControl I 1r.. 1900,00 I S 1 900,00 I 11.. 1<>M:ooT t 1 900,00 I 11s 1OMM1t 1OMM1 100% 27 '''' Connuc1Ion s..vev 1 t 900,00 I 5 900,00 I 11 t 900,00 I t 900,00 I 11 S OMMlt OM,... I 100% ""IRFACE IMPRO\/I'MENTS ?8 I'" rtiri..tnn Pavement 1" 6,500,00 5 6500,00 11.. "500,00 I.. 6 500,00 1 .. ..........M 100% 29 SF A.C Palch R8DIIlr 8800 t 2,65 5 23320,00 5544lt 2,65 It 14691.60 5M4 Is .,... t 1..""1,80 100% 30 TON Class Q ...-..- Concrete 700 S 54,00 S 37 800,00 1147 5 54,00 5 61 675,56 1147 Is MOO 's 111~"'" 100% 31 L'" R-ce Fromes and Covers 1 '5 1 200,00 .. 17l1li,00 1" 1?M,oo .. 1 200,00 11s 17l1li,l1li .. 1-;;;n:M 10Mi: 32 LS neation 1 C 2800,00 5 2 800,00 1 .. 2 800,00 t 2,800,00 11.. """"M t """",M 100% 33 LF CU:b PAIntInn /2-Coa1s1 400 $ 0,80 $ 320,00 400 $ 0.80 $ 320.00 S 0.80 $ - 0% SUBTOTAL BID - PHASE. $ 78740.00 $ 91987.18 . 11 887.18 100% PHASE. G"N"RAL REQUIREMENTS 34 L" M""'1zalon AIowanc:e 1 5 5000,00 s 5 000.00 1 S 5000,00 S 5 000.00 0,8 S 1'; 000.00 S 4000M AM/, 35 IS Tram~ C'.nntrnI 1 5 4 000,00 .. 400II,00 1 s 4Mn,oo .. 4 000.00 0, .. ..00IIl1li C -.,Mlloo 50% 36 LS Trench ~ Shoo1'" or Bra""'" 1'" 500,00 S 500,00 1 .. 500,00 t 500,00 0,0 t .......M I.. - 0% 37 '''' r;;;;;;;.:;;;:ton s..vev 1 t 2700,00 s 2 700,00 1 t 27oo,M t 2 700,00 00 S 27MM It - 0% SURFACE IMPROVEMENTS 38 LS Gri....... Pavement 1 "-19500.00 S 19500,00 1 .. 19500,00 t 19500,00 1 .. 19!\MM .. 1cI'Wi:00 100% 39 SF A.C Pa1x:h Rl!ID8ir 5275 t 3,60 s 18990,00 5275 t 3.60 t 18990,00 o S 3,80 S - 0% 40 TON Class B AonhBI Concrete 2600 5 50,00 .. 130 000.00 I"""" s 50,00 .. 130 000,00 o .. !!11M .. - 0% 41 LF Concrete CU:b and Gutter 60 t 25.00 S 1,500,00 60 .. ~oo .. 1 500,00 o .. .,..M .. - 0% 42 SF nn.-u RamD 240 S 7,00 S 1680,00 240 t 700 t 1 680,00 o S 7.M t - 0% 43 LF AonhBI Concrete Dike 70 s 7,00 5 490,00 70 s 7,00 !I: 490.00 o S 7.00 S - 0% 44 LS R-;""'ce Frames and Covers 1 H.. 6 000,00 S 6 000,00 1 .. 6 000.00 .. 6 000,00 0,1 .. 6-nm.M t 600,00 10% 45 LS Pa Ion 1 .. 3 000,00 S 3000,00 1 .. 3000,00 t 3,000,00 o t 3000M t - 0% 46 LF CU:b Painting (2-Co11s) 450 $ 0,80 $ 360,00 450 $ 0,80 $ , 360,00 o $ 0.80 $ - 0% STORM DRAIN IMPROVEMENTS 47 S 1 49 000,00 0% 48 EA ConcreIe OversIde Drain 2 $ 500,00 500,00 $ - 0% SUBTOTAL BID - PHASE. S 2t 100.00 11% CONSTRUCTION COST - PHASE I,ll & III . 311150.71 13% Cont..ct Chenge Orde.. No,1 Anmended lies are reIIecIed In above Items - See ceo No, 1 no No, 2 Thera are I_Items In tis CCO, See CCO No, 2 ; PUs two 2) de 6677,59 1,00 100% No,3 Thera are two Items In tis ceo,; PUs rille 9 worI<i de $ 47 470,00 0,50 23 735.00 50% TOTAL CCO COST - PHASE I,ll & III $ 54 147,59 '30 412.58 56% TOTAL CONSTRU ION COST - PHASE I,ll & III S 851 501.36 . 40t sa.36 13% \0 ,..1D -OD Date \0. to' a:> Pay to Date $ 409,563.35 Retention S 40,956.34 Date Previoua Paymonb $ 317,385.68 Previoua Retention S 35,265.OS Id,l'/4tV This Peyment $ 51,221.33 This Retention 5 5,691.26 Date Contract Start Date: 7/13/00 Original Contract Days: 75 Adjusted Contract Days: 9 City Manager Date Adjuated Contract I!nd Date: 10/4/00 SmdP_t.: R 8wkeCOIpOt'IItion PO Box 957 Son Luis Obispo. CA 93406 .... MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER A SUBJECT: SPRING 2000 PAVEMENT MANAGEMENT PROJECT, NO. 2000-5, PROGRESS PAYMENT NO.2 AND NOTICE OF COMPLETION DATE: OCTOBER 24, 2000 RECOMMENDATION: It is recommended the City Council: A. authorize Progress Payment NO.2 in the amount of $20,691.00 to Bond Blacktop, Inc. for work completed on the Spring 2000 Pavement Management Project. B. direct staff to file a Notice of CO{TIpletion; and C. authorize release of the retention of $10,041.96, thirty-five (35) days after Notice of Completion has been recorded, if no liens have been filed. FUNDING: On July 11, 2000, the City Council awarded the Spring 2000 Pavement Management Project to Bond Blacktop in the amount of $101,580 and authorized a contingency of $10,000 to be used for unanticipated. costs during the construction phase of the Project ($111,580 total available construction funds). DISCUSSION: As of September 29,2000, the Contractor had completed all items of work on the project in accordance with the plans and specifications. The final adjusted contract amount is . $100,419.56. Deducting the 10% retention ($10,041.96), and the money previously paid, ($69,686.60), gives a current progress payment of $20,691.00. Subject to final cost accounting, the project will be completed $11,160.44 below the construction budget. Staff is recommending the release of the 10% retention ($10,041.96) to Bond Blacktop, Inc. thirty-five (35) days after the Notice of Completion has been recorded, if no liens are filed. AL TERNA TIVES: The following alternatives are provided for the Council's consideration: -Approve staffs recommendations; -Do not approve staffs recommendations; -Modify as appropriate and approve staffs recommendations; -Provide direction to staff. Attachments: Application for Progress Payment No.2 Notice of COl'T1pletion ~UyojJ ~ri~ Application for Progress Payment Contract Name: Spring 2000 Pavement Management Project Contract No: PW-2000-5 Progress Payment No: 2 (final) City Account No: 350-5627-7001 $20,691.00 Payment Date: 10/24/00 Bid Estimate Amended Estimate Pay to Date Bid Unit Unit Unit % Item Unit Description Otv Price Amount Oty Price Amount Oty Price Amount Como 1 SY Install Type II Slurry Seal 104,000 $ 0.67 $ 69,680.00 102,268 $ 0.67 $ 68,519.56 102,268 $ 0.67 $ 68,519.56 100% 2 LS Traffic Control 1 $ 9,900.00 $ 9,900.00 1 $ 9.900.00 $ 9.900.00 1 $ 9,900.00 $ 9,900.00 100% 3 LS Replace markers, marking~ 1 $ 22,000.00 $ 22,000.00 1 $22,000.00 $ 22,000.00 1 $22,000.00 $ 22,000.00 100% legends and striping Total $101,580.00 $100,419.56 $100,419.56 100% ~m~ 1{)lj~/J{) Con ctor Date Pay to Date $100,419.56 Retention $10,041.96 Date Previous Payments $69,686.60 !1-/7-t/1) This Payment _~~'I!>P.I Date Contract Start Date: 8/22/00 Original Contract Days: 30 Adjusted Contract Days: 0 City Manager Date Adjusted Contract End Date: 9/21/00 Send PlfYment to: Bond Blacktop PO Box 616 Union City, CA 94587 (510) 441-9981 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY CLERK CITY OF ARROYO GRANDE P.O. BOX 550 ARROYO GRANDE, CA 93421 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is owner or agent of owner of the interest or estate stated below the property hereinafter describe. 2. The FULL NAME of the OWNER is: The City of Arroyo Grande 3. The FULL ADDRESS of the OWNER is: 214 East Branch Street, Arroyo Grande, California 93421 4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: in fee 5. THE FULL NAME and FULL ADDRESS of ALL PERSONS, if any, ,:"ho hold such interest or estate with the undersigned as JOINT TENANTS or as TENANTS IN COMMON are: NAMES ADDRESSES None 6. THE FULL NAMES and FULL ADDRESSES ofthe PREDECESSOR'S in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvements herein referred to: NAMES ADDRESSES None 7. All work of imp!ovement on the property hereinafter described was COMPLETED September 29, 2000 8. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is: Bond Blacktop, Inc., P.O. Box 616, Union City, California 94587 9. The street address of said property is: Citywide 10. The property on which said work of improvement was completed is in the City of Arroyo Grande, County of San Luis Obispo, State of California, and is described as follows: Sprin~ 2000 Pavement Mana~ement Pro;ect, City Pro;ect No. PW-20QO-5 Verification of NON-INDIVIDUAL owner: I, the undersigned, declare under penalty ofperjury under the laws of the State ofCalifomiathat I am the Public Works Director ofthe aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof, and the facts stated therein are true and correct. October 24, 2000 Don Spagnolo, PE, Director of Public Works/City Engineer Date 9.g. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ;!ft SUBJECT: TECHNICAL AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF ARROYO GRANDE AND JOHN L. WALLACE & ASSOCIATES DATE: OCTOBER 24, 2000 RECOMMENDA TION: It is recommended the City Council amend the current Consultant Services Agreement between the City of Arroyo Grande and John L. Wallace & Associates (JLWA) to include recently mandated federal-aid funding provisions. FUNDING: Amending the current agreement will allow the City of Arroyo Grande to continue to receive State and Federal-aid grant funds for JLWA consultant services. The City has been successful in securing State or Federal-aid grant funds for the following projects: . Fair Oaks-Valley RoadlTally Ho Road Reconstruction (1998 STIP funds); . Grand Avenue-Phase III, Elm Street to Oak Park Blvd (1998 STIP funds); . The Scenic Creekside Path through the Historic Village of Arroyo Grande, Phases II and'" (TE funds); . Brisco Road/Route 101 Projsct Report & Environmental (2000 STIP funds); and . Bridge Street Bridge Deck Rehabilitation (HBRR). DISCUSSION: On April 3, 2000, Caltrans issued Local Programs Procedures Manual LPP 00-03 entitled "Revised Preaward Audits Requirements." The preaward audit requirement is placed on all consultant contracts when State or Federal-aid highway funds participate in the contract. A preaward audit serves to alert both the consultant and the local agency of potential problems concerning items such as the consultant's base contract. One of the objectives of the audit is to determine if the consultant agreement specifically provides for the following: . Three year record retention period and right to audit; . Method of payment; , . Reference to cost principles set forth in: - 4.8 Code of Federal Regulations (CFR) Chapter 1, Part 31 for aUowability of individual items of cost; - 49 CFR, Part 18 for administrative procedures; and - Office of Management and Budget (OMB) Circular A-110, which are administrative provides for nonprofit subrecipients. The City of Arroyo Grande has an active Consultant Services Agreement with John L. Wallace & Associates dated June 19, 1995. This agreement is the City's standard consultant services agreement and does not include the three specific provisions listed above for federal-aid funding. It is recommended that the City.Council amend the current consultant services agreement to include these federal-aid funding provisions. AL TERNA TIVES: The following alternatives are provided for the Council's consideration: - Approve staff's recommendation; - Do not approve staff's recommendation; - Modify as appropriate and approve staff's recommendation; or - Provide direction to staff. , SECOND AMENDMENT TO CONSULTANT SERVICES AGREEMENT This SECOND AMENDMENT TO CONSULTANT SERVICES AGREEMENT is made and entered into this 24th day of October, 2000, by and between the CITY OF ARROYO GRANDE, a municipal corporation of the State of California (hereinafter referred to as "CITY") and JOHN L. WALLACE dba John L. Wallace & Associates (hereinafter referred to as "CONSULTANT"). WHEREAS, the parties entered into a Consultant Services Agreement dated June 19, 1995 and into a first amendment thereto on May 30, 1997 (hereinafter collectively referred to as the "Agreement") wherein CONSULTANT agreed to perform certain ongoing consultant, management and related services for CITY to provide engineering studies, evaluations, designs, and analyses regarding CITY's public works system; and, WHEREAS, CITY desires to continue to utilize the services of CONSULTANT; and WHEREAS, on April 3, 2000 the California Department of Transportation issued Local Programs Procedures (LPP) 00-03 entitled "Revised Preaward Audits Requirements" which pertains to all consultant contracts when State or Federal-aid highway funds are utilized in a contract; and WHEREAS, CITY desires to continue to receive State and Federal-aid grant funding for the services of CONSULTANT; and WHEREAS, one of the requirements of LPP 00-03 is that the consultant agreement specifically contain certain provisions. Now therefore, in consideration of the premises herein contained, the parties to mutually agree that: 1. Records will be retained by Consultant for a minimum of three years and be available for audit. 2. Work shall be completed in accordance with the cost principles set forth in CFR 48, Chapter 1, Part 31 for allowability of individual items of cost; CFR 49, Part 18 for administrative procedures, and OMB circular A-110 for nonprofit subrecipients. 3. Except as modified herein, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Second Amendment to Agreement on the day and year first set forth above. CONSULTANT: JOHN L. WALLACE & ASSOCIATES By: John L. Wallace CITY: CITY OF ARROYO GRANDE By: Michael A. Lady, Mayor ATTEST: Kelly Wetmore, Director of Administrative Services/Deputy City Clerk Timothy J. Carmel, City Attorney _.,-,..."._.... "-''''''-''- 9.h. MEMORANDUM TO: CITY COUNCIL FROM: TIM CARMEL, CITY A TTORNEY~ LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES ~ SUBJECT: LOPEZ DAM IMPROVEMENT BOND DOCUMENTS DATE: OCTOBER 24, 2000 RECOMMENDATION: It is recommended the City Council authorize the Mayor to sign the attached Lopez Dam Improvement Bond Documents. FUNDING: No outside funding is required. DISCUSSION: On August 20, 2000 the City Council approved a Water Supply Contract with the San Luis Obispo County Flood Control and Water Conservation District. Article 6(D) of that Contract specifies the City will execute and provide instruments, certificates, and agreements as may be necessary for the Flood Control and Water Conservation District to deliver Tax-Exempt Obligations. In compliance with this provision, the City has been asked to provide the following signed documents: (1) 15C2-12 Certificate which verifies the information in the Official Statement. (2) Continuing Disclosure Agreement stating the City will continue to provide financial information. (3) Certificate of the City pursuant to the Contract of Purchase stating that the Water Supply Contract and the Continuing Disclosure Agreement are enforceable and that the City knows of no facts which would undermine their effectiveness. (4) Certificate of the Agency regarding the accuracy of the material in the Official Statement. Staff has reviewed the documents and found nothing that would cause a recommendation to not comply with the provision of the Water Supply Contract. It is therefore recommended, the City Council authorize the Mayor, on behalf of the City, to sign the attached documents. --------- 15c2-12 CERTIFICATE with reference to SLO County Financing Authority Lopez Dam Improvement Revenue Bonds, 2000 Series A The undersigned, a duly authorized officer of the City of Arroyo Grande (the "City") hereby certifies that there was delivered to Morgan Stanley & Co. Incorporated, as Underwriter (the "Underwriter") of the above-captioned bonds (the "Bonds") a Preliminary Official Statement (including the cover page, the introduction and the appendices thereto) relating to the above- captioned Bonds, dated October 2, 2000, which the City has deemed to be final as of the date thereof for purposes of Rule 15c2-12 promulgated under the Securities Exchange Act of 1934 ("Rule 15c2-12"), except for information permitted to be omitted therefrom under Rule 15c2-12. The City approves of the use and distribution by the Underwriter of the Preliminary Official Statement. Dated: October 24, 2000 CITY OF ARROYO GRANDE By Mayor -----~----~-_._-- CERTIFICATE RELATING TO THE OFFICIAL STATEMENT I, the Mayor of the City of Arroyo Grande (the "City"), DO HEREBY CERTIFY to .the best of my knowledge as follows: 1. The City has complied with all the agreements and satisfied all of the conditions it is required to perform or satisfy prior to the Closing. 2. No event affecting the City has occurred since the date of the Official Statement, which date is October 11, 2000, which either makes untrue in any material respect as of the Closing any statement contained in the Official Statement or which is not reflected in the Official Statement but should be reflected therein in order to make the statements therein, in light of the circumstances under which they were made, not misleading. Dated: October 26, 2000 CITY OF ARROYO GRANDE By Mayor ARROYO GRANDE CLOSING CERTS _____. ____'~m..--..__..._... .._ ..._ CERTIFICATE OF THE CITY OF ARROYO GRANDE PURSUANT TO THE CONTRACT OF PURCHASE I, the Mayor of the City of Arroyo Grande (the "City") DO HEREBY CERTIFY to the best of my knowledge as follows: 1. the City is duly existing as a general law city, organized under and by virtue of the laws of the State of California, with full legal right, power and authority to execute and deliver the City's Participating Agency Documents; 11. the resolution of the City approving and authorizing the execution. and delivery of the City's Participating Agency Documents was duly adopted at a meeting of the governing body of the City which was called and held pursuant to law and with all public notice required by law and at which a quorum was present and acting throughout; lll. The City's Participating Agency Documents have each been duly authorized, executed and delivered by the City and, assuming due authorization, execution and delivery by the other parties thereto, are valid and binding obligations of the City, enforceable in accordance with their terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or similar laws from time to time in effect affecting the enforceability of creditors' rights generally and to general principles of equity, regardless of whether considered in a proceeding in equity or at law; IV. the execution and delivery of the City's Participating Agency Documents, and compliance with the provisions thereof, do not and will not conflict with or constitute on the part of the City a breach or default under any existing law, regulation, court order or consent decree to which the City is subject, or, to the best of my knowledge after due inquiry, any agreement or instrument to which the City is a party or by which the City is bound; v. all actions on the part of the City necessary for the making and performance of the City's Participating Agency Documents, and the actions on the part of the City contemplated hereby and thereby have been duly and effectively taken and no consent, authorization or approval of, or filing or registration with (which we have been required or advised by Bond Counsel to do), any governmental or regulatory officer or body not already obtained is required to be obtained by the City for the making and performance of the City's Participating Agency Documents, or the actions on the part of the City contemplated hereby and thereby; / VI. the information set forth in Appendix C of the Official Statement does not contain any untrue statement of a material fact or omit to state> a material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; and vii. other than as set forth in the Official Statement, no litigation is pending or, to my knowledge, threatened in any court to restrain or enjoin the execution, delivery or validity of the City's Participating Agency Documents; and ARROYO GRANDE CLOSING CERTS -~_._----_...,.,,----_.._----- . V1l1. other than as set forth in the Official Statement, there is no litigation pending or, to my knowledge, threatened against the City or involving any of the property or assets under the control of the City wherein an unfavorable decision, ruling or finding would materially adversely affect the ability of the City to perfonn its obligations under the City's Participating Agency Documents, or the transactions contemplated thereby. This certificate is delivered pursuant to Section 8(c)(ll) of the Contract of Purchase, dated October 11, 2000 (the "Contract of Purchase"), by and between the SLO County Financing Authority and Morgan Stanley & Co. Incorporated. Capitalized tenns not otherwise defined in this certificate shall have the meanings set forth in the Contract of Purchase. Dated: October 26, 2000 CITY OF ARROYO GRANDE By Mayor ARROYO GRANDE CLOSING CERTS CONTINUING DISCLOSURE AGREEMENT This Continuing Disclosure Agreement (the "Disclosure Agreement"), dated as of October 1, 2000, is executed and delivered by the City of Arroyo Grande (the "City of Arroyo Grande") in connection with the execution and delivery of $28,905,000 aggregate principal amoUnt of SLO County Financing Authority Lopez Dam Improvement Revenue Bonds, 2000 Series A (the "Bonds"). The Bonds are being executed and delivered pursuant to an Indenture of Trust, dated as of October 1, 2000 (the "Indenture"), by and between the Authority and U.S. Bank Trust National Association, as trustee. The City of Arroyo Grande covenants and agrees as follows: SECTION 1. Purpose of the Disclosure Agreement. This Disclosure Agreement is being executed and delivered by the City of Arroyo Grande for the benefit of the Beneficial Owners of the Bonds and in order to assist the Participating Underwriter in complying with S.E.C. Rule 15c2-12(b)(5). SECTION 2. Definitions. In addition to the definitions set forth in the Indenture, which apply to any capitalized term used in this Disclosure Agreement unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: "Annual Report" shall mean any Annual Report provided by the City of Arroyo Grande pursuant to, and as described in, Sections 3 and 4 of this Disclosure Agreement. "Beneficial Owner" shall mean any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. "Disclosure Representative" shall mean the Mayor of the City of Arroyo Grande or such other official as may be designated in writing to the Dissemination Agent (if other than the City of Arroyo Grande) from time to time. "Dissemination Agent" shall mean U.S. Bank Trust National Association, acting in its capacity as Dissemination Agent hereunder, or any successor Dissemination Agent designated in writing by the City of Arroyo Grande and which has filed with the City of Arroyo Grande a written acceptance of such designation. "National Repository" shall mean any Nationally Recognized Municipal Securities Information Repository for purposes of the Rule. The National Repositories currently approved by the Securities and Exchange Commission are set forth in the SEt web site located at http://www.sec.gov/consumer/nrmsir.htm. "Participating Underwriter" shall mean any of the original underwriters of the Bonds required to comply with the Rule in connection with offering of the Bonds. "Repository" shall mean each National Repository and each State Repository. ARROYO GRANDE CDA 1 ---~ ..- rrRule" shall mean Rule 15c2-12(b)(5) adopted by the Securities and Exchange Commission wider the Securities Exchange Act of 1934, as the same may be amended from time to time. "State" shall mean the State of California. rr State Repository" shall mean any public or private repository or entity designated by the State as a state repository for the purpose of the Rule and recognized as such by the Securities and Exchange Commission. As of the date of this Agreement, there is no State Repository. SECTION 3. Provision of Annual Reports. (a) The City of Arroyo Grande shall, or shall cause the Dissemination Agent to, not later than March 15 of each year, commencing with March 15,2001, provide to each Repository an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Agreement. The Annual Report may be submitted as a single document or as separate documents comprising a package, and may include by reference other infonnation as provided in Section 4 of this Disclosure Agreement. If the City of Arroyo Grande's fiscal year changes, it shall give notice of such change to the Municipal Securities Rulemaking Board and the State Repository or the Repositories. (b) Not later than fifteen (15) Business Days prior to the date specified in subsection (a) for providing the Annual Report to Repositories, the City of Arroyo Grande shall provide the Annual Report to the Dissemination Agent (if other than the City of Arroyo Grande). The City of Arroyo Grande shall provide, or cause the preparer of the Annual Report to provide, a written certificate with each Annual Report furnished to the Dissemination Agent to the effect that such Annual Report constitutes the Annual Report required to be furnished to it hereunder. The Dissemination Agent may conclusively rely upon such certification and shall have no duty or obligation to review such Annual Report. (c) If the City of Arroyo Grande is unable to provide to Repositories an Annual Report by the date required in subsection (a), the City of Arroyo Grande shall send a notice to each Repository or to the Municipal Securities Rulemaking Board and the State Repository, if any, in substantially the fonn attached as Exhibit A. (d) The Dissemination Agent shall: (i) detennine each year prior to the date for providing the Annual Report the name and address of each National Repository and the State Repository, if any; and (ii) to the extent infonnation is known to it, file a report with the City of Arroyo Grande certifying that the Annual Report has been provided) pursuant to this Disclosure Agreement, stating the date it was provided and listing all the Repositories to which it was provided. ARROYO GRANDE CDA 2 SECTION 4. Content of Annual Reports. The Annual Report shall contain or include by reference the following: (a) The audited fmancial statements prepared in accordance with generally accepted accounting principles in effect from time to time. If any of such audited financial statements are not available by the time the Annual Report is required to be filed pursuant to Section 3(a), the Annual Report shall contain unaudited financial statements in a fonnat similar to the financial statements contained in the Official Statement, and the audited financial statements shall be filed in the same manner as the Annual Report when they become available. (b) Changes in the service area and customer base for its Water Enterprise. (c) Five largest customers of the Water Enterprise. (d) Statement of connections and sales revenues for its Water Enterprise. (e) Water tax and impact fee revenues for its Water Enterprise. (f) Water deliveries for the Water Enterprise. (g) Rates and Charges for water deliveries for the fiscal year most recently concluded. Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues of the City of Arroyo Grande or related public entities, which have been submitted to each of the Repositories or the Securities and Exchange Commission. If the document included by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The City of Arroyo Grande shall clearly identify each such other document so included by reference. SECTION 5. Tennination ofReportin~ Obligation. The City of Arroyo Grande's obligations under this Disclosure Agreement shall tenninate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. If such tennination occurs prior to the final maturity of the Bonds, the City of Arroyo Grande shall give notice of such tennination to the Municipal Securities Rulemaking Board and the State Repository or the Repositories. SECTION 6. Dissemination Agent. The City of Arroyo Grande may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Agreement, and may discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent. The Dissemination Agent may resign by providing thirty (30) days written notice to the City of Arroyo Grande. SECTION 7. Amendment: Waiver. Notwithstanding any other provision of this Disclosure Agreement, the City of Arroyo Grande may amend this Disclosure Agreement, and ARROYO GRANDE CDA 3 any provision of this Disclosure Agreement may be waived, provided that the following conditions are satisfied: (a) If the amendment or waiver relates to the provisions of Sections 3{ a), 4, or 5(a), it may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature or statUs of an obligated person with respect to the Bonds, or the type of business conducted; (b) The undertaking, as amended or taking into account such waiver, would, in the opinion of nationally recognized bond counsel, have complied with the requirements of the Rule at the time of the original execution and delivery of the Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and (c) The amendment or waiver either (i) is approved by the Holders of the Bonds in the same manner as provided in the Indenture for amendments to the Indenture with the consent of Holders, or (ii) does not, in the opinion of a nationally recognized bond counsel, materially impair the interests of the Holders or Beneficial Owners of the Bonds. (c) Any amendment that modifies or increases the duties or obligations of the Dissemination Agent shall be agreed to in writing by the Dissemination Agent. In the event of any amendment or waiver of a provision of this Disclosure Agreement, the City of Arroyo Grande shall describe such amendment in the next Annual Report, and shall include, as applicable, a narrative explanation of the reason for the amendment or waiver and its impact on the type (or, in the case of a change of accounting principles, on the presentation) of financial infonnation or operating data being presented by the City of Arroyo Grande. SECTIO~ 8. Additional Infonnation. Nothing in this Disclosure Agreement shall be deemed to prevent the City of Arroyo Grande from disseminating any other infonnation, using the means of dissemination set forth in this Disclosure Agreement or any other means of communication, or including any other infonnation in any Annual Report in addition to that which is required by this Disclosure Agreement. If the City of Arroyo Grande chooses to include any infonnation in any Annual Report in addition to that which is specifically required by this Disclosure Agreement, the City of Arroyo Grande shall have no obligation under this Agreement to update such infonnation or include it in any future Annual Report. SECTION 9. Default. In the event of a failure of the City of Arroyo Grande to comply with any provision of this Disclosure Agreement, any Holder or Beneficial Owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandate or specific perfonnance by court order, to cause the City of Arroyo Grande to comply with its obligations under this Disclosure Agreement. A default under this Disclosure Agreement shall not be deemed an Event of Default under the Indenture, and the sole remedy under this Disclosure Agreement in the event of any failure of the City of Arroyo Grande or the ARROYO GRANDE CDA 4 Dissemination Agent to comply with this Disclosure Agreement shall be an action to compel perfonnance. SECTION 10. Duties. Immunities and Liabilities of Dissemination Agent. The Dissemination Agent shall have only such duties as are specifically set forth jn this Disclosure Agreement, and the City of Arroyo Grande agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against any loss, expense and liabilities which it may incur arising out of or in the exercise or perfonnance of its powers and duties hereunder, including the costs and expenses (including attorneys fees) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent's negligence or willful misconduct. The Dissemination Agent shall be paid compensation by the City of Arroyo Grande for its services provided hereunder in accordance with its schedule of fees as amended from time to time and all expenses, legal fees and advances made or incurred by the Dissemination Agent in the pe~onnance of its duties hereunder. The obligations of the City of Arroyo Grande under this Section shall survive resignation or removal of the Dissemination Agent and payment of the Bonds. SECTION 11. Notices. Any notices or communications to the City of Arroyo Grande may be given as follows: City of Arroyo Grande P.O. Box 550 Arroyo Grande, CA 93421 Attention: City Manager Any person may, by written notice to the other persons listed above, designate a different address or telephone number( s) to which subsequent notices or communications should be sent. ARROYO GRANDE CDA 5 "-..,--.-------.."..-----.- SECTION 12. Beneficiaries. This Disclosure Agreement shall inure solely to the benefit of the Authority, the Dissemination Agent, the Participating Underwriter and Holders and Beneficial Owners from time to time of the Bonds, and shall create rio rights in any other person or entity. CITY OF ARROYO GRANDE By Mayor AGREED AND ACCEPTED: U.S. BANK TRUST NATIONAL ASSOCIATION, as Dissemination Agent By Authorized Officer ARROYO GRANDE CDA EXHIBIT A NOTICE TO REPOSITORIES OF F AlLURE TO FILE ANNUAL REPORT Name of Obligated Party: City of Arroyo Grande Name of Bonds: SLO County Financing Authority Lopez Dam Improvement Revenue Bonds 2000 Series A Date of Delivery: October 26, 2000 NOTICE IS HEREBY GIVEN that the City of Arroyo Grande has not provided an Annual Report with respect to the above-named Bonds as required by the Continuing Disclosure Agreement, dated as of October I, 2000, with respect to the Bonds. [The City of Arroyo Grande anticipates that the Annual Report will be filed by .] Dated: CITY OF ARROYO GRANDE By . 10.8. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1% SUBJECT: REVISION TO THE SEWER AREA CHARGE DATE: OCTOBER 24, 2000 RECOMMENDATION: It is recommended the City Council: A. Authorize the City Manager to execute a Consultant Services Agreement to revise the sewer area charge to address open space easements, and C. authorize an appropriation of $8,500 from the Sewer Facility Fund and add the Sewer Area Charge Update to the Capital Improvement Program. FUNDING: Funding for the Sewer Area Fee Study will be from the Sewer Facility Fund in the amount of $8,500. The unaudited estimated fund balance in the Sewer Facility Fund as of June 30,2000 is $830,348. DISCUSSION: At the August 8, 2000 Council meeting a request was presented by the developer of the Village Glen project, Tract 2265 to adjust the sewer area charge by exempting the open space portions of lots 37 through 40 from this charge. The present sewer area charge ordinance was enacted before the now common practice of requesting or requiring dedication of open space easements that provide for land to remain in a natural state and, as a result, does not provide for exemptions of these areas. The Village Glen project, Tract 2265, is a vesting tract map which confers a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the application for a vesting tentative map is deemed , complete. Tract 2265 was vested on October 17, 1997. Government Code ~66498.2 sets forth a pro~edure by which a subdivider may apply for an amendment to the vesting tentative map to secure a vested right to proceed with new ordinances. However, once a final map has been approved and recorded, this mechanism' is unavailable to change the regulations under which the map vested. Since the final map for Tract 2265 was recorded on August 23, 2000 and any changes to the sewer area charge ordinance after that time "-,.-. would not be applicable. Therefore, staff does not recommend the sewer area charge be adjusted for lots 37 through 40. If the Council would still like to pursue some type of reduction in the sewer area charge for these lots, staff can be directed to further investigate options available to obtain the benefit of a new sewer area fee structure for these four lots. The current sewer area charge was established in 1974. Changes have occurred over the years in the method of calculating sewer charges. Today's methodology often is based on the nature and intensity of a development and not on the amount of area used. Amending the current ordinance to provide for the elimination of open space would reduce , the revenue that was intended to provide for additional sewer facilities to meet future capacity requirements. To provide for sewer area charges that address open space areas when future development projects are approved, staff recommends a consultant be selected to assist in evaluating the methodology, equity and actual costs associated with the sewer area charge. Staff will then prepare a revised ordinance for Council consideration. One likely option for amending the current ordinance would be to modify the fee structure to base them on a per unit charge, which would be consistent with the majority of other jurisdictions. However, it is important to note that the fee in the case of Tract 2265 would probably remain the same because the tract was approved as a cluster development. This allowed a higher density development in some areas than would otherwise be allowed in exchange for the dedication of open space in other areas of the tract. Overall project density and, thus, impacts to the sewage collection and treatment facilities are the same as if no open space easements existed. AL TERNA TIVES: The following alternatives are provided for the Council's consideration: - Approve staffs recommendations; - Do not approve staffs recommendations; - Modify as appropriate and approve staffs recommendations; or - Provide direction to staff. , Attachment 1 - Municipal Code Sections 6-6.1, 6-6.405, and 6-6.408 ------- -.--....-- ,6-6.101 6-6010,2 CH1~.PJ:ER 50 SEWER SYSTEM* Article 10 Definitions Sec. 6-601010 Scope. . - . - oJ- For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as set forth in this article. (Sec. 1, Ordo 105 C.So, eff. October 24, 1974) -.... Sec.. 6-6.1020 Area' charp;e.. "Area charge" shall mean a charge to lots within the City for capacity in the collector system. - ".~ (Sec. 1, Ordo 105 C.S., eff. October 24, 1974) Seco 6-6.1030 Assessment districto "Assessment districtll shall mean a special district formed for the purpose 'of sewer line construction with costs and expenses dis- tributed among benefitted properties as set forth by law 0 (Sec. 1, Ord. 105 C.S., effo October 24, 1974) Sec. 6-6.104. Available sewer. A sewer shall become available only after it has been accepted by the Cityo (Seco 1, Ord.. 105 C.So, eff.. October 24, 1974) Seco 6-6.105. Backwater val va. IIBackwater valvell shall mean a device which purpose is to prevent *Artic1e lantit1ed "Connectionsll, consisting of Sections 6-6.101 through 6-60103, 'codifiedfrom Ordinance Noo 89, and Artiole2 entitled IISewer Rental Chargesll, consisting of Sections 6-6.201 ~ough 6-6.208, codified from Resolution No. 672 and Ordinance ). 111~ as amended by Ordinance Noso 4 C.So, effective February 9, 1967, and 42 CoSo, effective March 11, 1971, repealed by Section 2, Ordinance No. 105 C.So, effective October 24, 19740 218 Reprint,Noo 12 - 2-28-75 _.--, ----". _~6ol02 ~6<>110 /." ' I flew in a sewer in a direction opposite to that of the i~t~nded drain- , age. . (Sec. 1, Ord. 105 CoS., eff~ October 249 1974) oJ- Sec. 6-6.106. Benefit unit charge. "Benefit un.i t charge;1 shall mean a charge to lots wi thin the Oity having the benefit of a public sewer being located adjacent to such lots. (Sec. 1, Ord.105 C.S., effo October 24, 1974) Seco 6-601070 Building 0 "Bui~ding" shall mean any structure used for b.uman habitation or a place of business, recreation, or other activity and containing sanitary tacilitieso /0. 1, Ord. 105 C.S.. ') efr co October 24, 1974) Sec. 6-6.108. Building sewero "Building sewern sh8:1l mean that portion of a sewer beginning two (2') feet from any building and extending to, and including its connection to, a lateral sewero (Sec. 1, Ordo 105 C.S., eff., October 24, 1974) Sec. 6-6.109. Cityo "Cityn shall mean that portion of the State of California, County of San Luis Obispo, which is incorporated as the City of Arroyo Grande. " ". (Sec. 1, Ord. 105 O.S., efr., October 24, 1974) Sec. "6-6.110. City Council. "City Counciln shall mean the City Council for the City of Arroyo Grande. .." -.,' dC. 1, Ord. 105 C.S., effo October 24, 1974) 219 R" t ~ ,~ 0 ~R 7~ E;pr~n f .''J\": 0 ,_.: ~~ ,..-,..,'....J -~_.._.- -~- . 6-6.405 6-6.407 . . Sec. 6-6.405. PeDDita: Fees. The General Sewer Permit fees shall be as follows: (a) Seven and DO/I00tbs (_7.00) Dollars for the sewer pemit amUnapectioaa; and (b) Connection charges as adopted by the Goveming Board of the South San Luis Obispo Co\D1ty Sanitation DistriCt for said sanitation district. (Sec. 1. Ord. 105 C.S.. as amended by Sec. 5. Ord. 321 C. S.. adopted March 26, 1985) Sec. 6-6.406. Perinits: Fees: Disposition. . ' PeDDit fees collected 1D1der Section 6-6.405 (a) shall be deposited in the General F1D1d of the City. PeDDit fees collected 1D1der Section 6-6.405 (b) shall be disbursed mOnthly to the South San Luis Obispo Co\D1ty Sanitation District. (Sec. 1. Ord. 105 C.S., as amended by Sec. 6. Ord.' 321 C.S.., adopted March 26, 1985) Sec. 6-6.407. Connections: Fees: Can,pltations. For each lot connection of a building sewer to a plblic sewer. a connection fee shall be j collected by the City, before the permit for the connection work is issued, as follows: (a) Four Hundred Ninety-One and 20/100ths Dollars (_491.20) pet'-acre.'acre' charge"; and (b) Seven Hundred Fifty-Four and 10/100ths Dollars (1754.10)'perunit "~nefit unit charge". The charges for connecting to any plblic sewer on or after October 24, 1974, shall be deteDnined 'by appying the fo~wing foDJJUla to the above stated charge.:' 1+ (Current E.N.R. Cost Index> - 'Base E.N.R. Cost Indez) = Multipier . Base E.N.R. Cost Index . , "Base E.N.R. Cost Index" shall be the Engineering News Record Construction cost Index in effect on October 24. 1974.. "Current E.N.R. Cost Index" shall be the Engineering News Record Construction Cost Index at the time of connecting to the public sewer. . ''Multip.ier" shall be the figure used to multipy the charges set forth in subsections (a) and (b) of this section by to adjust such charges to the current c~nstruction 'coat.. 0 223-5 RepdntNo. 34 (11/1/85) -- .. , . 6-6.407 6-6.407 . . r No cOImecUon fee will be charged for a lot, or any portion thereof, that.has been previously . assessed in assessment district proceedings for said area charges and benefit Unit charga, unless additiooal benefit units are devC10ped on such lot or in the case of a comnerdal property, the owner or IUs agent wishes to increase the mmJber of fixture units devdoped previously. The-'benefit unit charge shall be waived on any mt witbin.a...devcJopma1t for ,ach the devdoper. consttucted .. public conection system. When any of the lots in suchdevdopnent front on and connect to :ancmUng public sewer, there will be a benefit unit chugefor' such Iou. . Every bouse and building requiring a sewer service shall have an independent connection to the public sewer, except that more than one building located on a lot under one ownership, or condominium. or Panned unit devdopnent unit may be connected to the same building sewer in comoDlW1ce with Section 6-6.309. ' Withthe exceptJon of con<bninium and plaImed unit deveJopnents, in the event a lot with a bouse or building so connected is subdivided, an independent sewer connection with appropriate easements shall be pcovided for each differently owned, premises. With the exception of condomf"nuns or panned unit devdopnents, no two (2) owners of adjacent lots fronting on the.une stteet shall be . peanitted to join in the use 'of the same building sewer. For, the pu:pose of calculating the number of benefit units to be assessed the following table shall I , be used. " Type of DeveJopnent Nmmer of Benefit Units . . Single family dwellin'g . 1 Apartment, mobile home, condominium or panned unit deve10pnent 1 per dwelling Hotd, motel, hosp.tal, or resthome 1 per room 223-6 Reprint No. 34 (11/1/85) ._....._._.~- ~---_.,."~ 6-6.407 6-6.408 . . . ( Type of DevdopDeDt (cont'd) N1Dbcr of 8mdit Uniu (coot'd) Ccmnercial devc10pnent witli 15 or less fixture unita (u defined by the oJ- ' UnifODIl Planbing Code) in- cluding retail. restaurants, professional office buildings or conc:b:niniums 1 per building Coomercial devc10pnent with more than 15 fUture units including retail, restaurant, professional office buildings or condQrntnitms 1 per building, ,PUS Fifty and 27/10Oth Dollars (150.27) per fUture unit over 15 fixture units (Sec. J, Ord. 105 c.s., as amended by Sec. 7, Ord. 321 c.s., adopted March 26, 1985) , Sec. 6-6.408.'Connections: Fees: Adjustments. An adjuStment to the area charge may be made as follows: (a) When a lo~ ~ one and one-third (11/3) acres or larger and when, in the opmQn of the. City, such lotquaIifies for subdivision into five, (5) or more lots, an adjusUnent will-be made to allow for the loss of acreage in devc1opnent. The adjusted acreage to ~ch the basic area charge shall be appied shall be seventy (70~) percent of the ,gross acreage. (b) When a lot is one and one-third (11/3) acres or larger and when, in the opmon of the City, such lot qualifies for subdivision into five (5) or more Iota, an adjustment will be made to allow for the loss of acreage in devc1opoent. An additiona1ad~tment may be made for adverse topogra.1'hy or other special cooditioos ~ch make difficult the . developnent of all the property into rmmm..m size a.ty Iota. If the latter condition exists, at the sole discretion of the a.t>/ the final adjusteda~eage to ~ch the /' buic area charge shall be applied shall be sixty-three (63~) percent of the gross acreage. (Sec. 1, Ord. 105 c.s., eff. October 24, 1974) , 223-7 Reprint No. 34 (11/1/85) ._,-~",,~ ------- 10.b. MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER~ SUBJECT: TERMINATION OF CONSULTANT SERVICES AGREEMENT WITH ENVICOM DATE: OCTOBER 24, 2000 RECOMMENDATION: It is recommended the Council authorize and direct the City Manager to terminate the existing Consultant Services Agreement with Envicom to prepare the update of the City's General Plan. FUNDING: Staff believes that completing the remainder of work on the General Plan update in- house will result in a savings of $50,000 - $100,000. DISCUSSION: At the October 10, 2000 joint City Council and Planning Commission study session, alternatives for proceeding with the General Plan update process were discussed. The City Council concurred with staffs recommendation to terminate the existing Agreement with Envicom Corporation and hire an in-house staff person on a temporary contract basis to complete the work. Staff also indicated that the City Attorney was to review the Agreement and work product completed in order to determine if any legal action would be recommended for non-performance by the consultant. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Authorize the City Manager to terminate the Consultant Services Agreement with Envicom; - Do not authorize the City Manager to terminate the Consultant Services Agreement with Envicom; or - Provide direction to staff.