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R 4028RESOLUTION N0.4028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT 07-012 FOR A TEMPORARY PARK AND RIDE LOT ON A PORTION OF CITY PROPERTY; APPLICANT PACIFIC GAS AND ELECTRIC COMPANY WHEREAS, PG&E has requested to use approximately 2.0 acres of 5.0 acres of City- owned vacant real property at the northeast corner of West Branch Street and Old Ranch Road (the "Property") as a temporary Park-and-Ride Lot for up to 250 cars ("Park-and-Ride Lot"), including shuttle bus stop and night lighting for two (2) five-month periods, December 2007 through April 2008 and December 2008 through April 2009; and WHEREAS, the Property is subject to an existing lease agreement with the Five Cities Community Foundation ("Foundation") for the eventual development of a community recreation center; and WHEREAS, development of the Project as a community recreation center by the Foundation is prohibited until certain traffic impacts have been mitigated; and WHEREAS, the Park-and-Ride Lot is a proposed trip reduction, traffic mitigation measure needed to bus workers to the Diablo Canyon Nuclear Power Plant during major maintenance, rather than allow private vehicles to travel to and from South County to the plant site; and WHEREAS, PG&E is proposing similar Park-and-Ride facilities in Pismo Beach and San Luis Obispo to provide convenient community access to these transportation alternatives and to reduce concentrated traffic impacts; and WHEREAS, PG&E has agreed to operate the shuttle bus schedule and control work shifts so that peak parking turnover would largely avoid morning and evening normal peak hour traffic; and WHEREAS, PG&E has requested that the City provide for site grading and drainage improvements for an "all weather," low-turnover, temporary winter season parking lot, lane delineation, night lighting, and access improvements to be funded in advance payment by PG&E equal to the estimated cost of these temporary improvements; and WHEREAS, the Park-and Ride Lot site grading and improvements would be beneficial to the eventual construction of a proposed community recreation center and its permanent parking areas, including rough grading and pollution prevention storm drainage improvements; and RESOLUTION NO. 4028 PAGE 2 WHEREAS, the agreement between the City and PG&E will provide for consent of both the Foundation, and the property manager of General Services Department of the County of San Luis Obispo, to assure the temporary use by PG&E is consistent with the intent and purpose of the Property deed restriction; and WHEREAS, Park-and-Ride Lot improvements will also facilitate other interim community uses of the Property such as Strawberry Festival and Harvest Festival parking; and WHEREAS, on July 24, 2007 the City Council held a properly noticed hearing to consider Temporary Use Permit 07-012; and WHEREAS, according to the California Environmental Quality Act (CEQA), the proposed project is Categorically Exempt by Section 15304e Class 4, minor alterations to land for temporary use. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby approve Temporary Use Permit 07-012, subject to the conditions as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. On motion by Council Member Costello, seconded by Council Member Fellows, and by the following roll call vote, to wit: AYES: Council Members Costello, Fellows, Guthrie, Arnold, and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 24~h day of July 2007. RESOLUTION NO. ~Iu28 PAGE 3 TONY ATTEST: KELLY WETM RE, CITY CLERK APPROVED AS TO CONTENT: STE~/E~ N ApAIVIS, CITY MANAGER APPROVED AS TO FORM: TIM THY J MEL, CITY ATTORNEY RESOLUTION N0.4028 PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL TEMPORARY USE PERMIT 07-012 GENERAL CONDITIONS: Prior to any improvements by the City, PG&E will execute an acceptable agreement with the City for use of the Property and deposit an advance payment of $70,000 (or other amount provided therein) to fund estimated improvement costs. 2. PG&E shall provide a rental fee of $6,000 per month for each of the ten months, payable to the City, for the periods of operation from December 2007 through April 2008 and December 2008 through April 2009. 3. PG&E shall agree to schedule shuttle bus operations and work shifts to avoid or minimize morning and evening peak hour traffic impact periods as determined by the City Public Works Director. 4. PG&E shall ascertain and comply with all City, County, State, and Federal requirements as are applicable to this project. 5. The Park-and-Ride Lot shall be operated in substantial conformance with the proposal dated July 9, 2007 and the terms and conditions of the agreement with the Ciry for use of the Property. 6. PG&E shall agree to defend at his/her sole expense any action brought against the City, its agents, officers, or employees because of the issuance of said approval, 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. 7. PG&E shall provide at least a $1,000,000 commercial general liability and automobile insurance policy, or adequate proof of equivalent self-insurance, naming the City as additional insured, subject to approval by the City Attorney. Proof of insurance shall be submitted to the Director of Administrative Services at least ten days prior to the temporary use and remain in full force and effect throughout its entire duration of use of the Property. OFFICIAL CERTIFICATION 1, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of pery'ury, that the attached Resolution No. 4028 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 24"' day of July 2007. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 27'" day of July 2007. ~D ~~O~ KELLY T ORE, CITY CLERK