Agenda Packet 2007-08-14CITY OF
City Council ~ " ~ ~ ~ ~ ~ '
Tony Ferrara Mayor
Ed Arnold Mayor Pro Tem
Joe Costello Council Member ~, C A L I F O R N I A
Jim Guthrie Council Member ~_~ a ~ ~ ~`
Chuck Fellows Council Member
Agenda
Steven Adams City Manager
Timothy J. Carmel City Attorney
Kelly Wetmore City Clerk
AGENDA SUMMARY
CITY COUNCIL MEETING
TUESDAY, AUGUST 14, 2007
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:
ARROYO GRANDE VALLEY
KIWANIS CLUB
4. INVOCATION:
5. SPECIAL PRESENTATIONS:
6. AGENDA REVIEW:
DR. PAUL E. JONES
6a. Move that all ordinances presented for introduction or adoption be read in title only
and all further readings be waived.
AGENDA SUMMARY -AUGUST 14, 2007
PAGE 2
7. COMMUNITY COMMENTS AND SUGGESTIONS:
This public comment period is an invitation to members of the community to present
issues, thoughts, or suggestions on matters not scheduled on this agenda.
Comments should be limited to those matters that are within the jurisdiction of the City
Council. The Brown Act restricts the Council from taking formal action on matters not
published on the agenda. In response to your comments, the Mayor or presiding
Council Member may:
• Direct City staff to assist or coordinate with you.
• A Council Member may state a desire to meet with you.
• It may be the desire of the Council to place your issue or matter on a future
Council agenda.
Please adhere to the following procedures when addressing the Council:
• Comments should be limited to 3 minutes or less.
• Your comments should be directed to the Council as a whole and not directed
to individual Council members.
• Slanderous, profane or personal remarks against any Council Member or
member of the audience shall not be permitted.
8. CONSENT AGENDA:
The following routine items listed below are scheduled for consideration as a group.
The recommendations for each item are noted. Any member of the public who wishes
to comment on any Consent Agenda item may do so at this time. Any Council
Member may request that any item be withdrawn from the Consent Agenda to permit
discussion or change the recommended course of action. The City Council may
approve the remainder of the Consent Agenda on one motion.
8.a. Cash Disbursement Ratification (KRAETSCH)
Recommended Action: Ratify the listing of cash disbursements for the period July
16, 2007 through July 31, 2007.
8.b. Consideration of Approval of Minutes (WETMORE)
Recommended Action: Approve the minutes of the Special City Council Meetings of
July 3, 2007 and July 10, 2007 as submitted.
8.c.
8.d.
Recommended Action: Ado~t a Resolution authorizing closure of City streets and
use of City property for the 70 Annual Arroyo Grande Valley Harvest Festival.
Sales & Service. Inc., for the Rancho Grande Booster Station (SPAGNOLO)
Recommended Action: Authorize the purchase of two Weinman water booster
pumps in the amount of $12,684.01 from BC Pump Sales & Service, Inc. for the
Rancho Grande Booster Station.
AGENDA SUMMARY -AUGUST 14, 2007
PAGE 3
8. CONSENT AGENDA: (Continued)
8.e.
Recommended Action: 1) Award a contract to Waterboys Plumbing, Inc. in the
amount of $155,525.00; and 2) Authorize the Mayor to execute the contract.
8.f. Consideration of Aoaroval of Land Lease As~reement with Clearwire US. LLC
(CARMEL)
Recommended Action: Approve and authorize the Mayor to execute a Land Lease
Agreement between the City and Clearwire US, LLC, for use of approximately one
hundred (100) square feet of property located at 1221 Ash Street, Arroyo Grande,
California (the "Soto Sports Complex") as well as space for an antennae on an
existing light pole.
8.g. Consideration of Aaaointments to Architectural Review Committee and Historic
Resources Committee (ADAMS)
Recommended Action: Approve the recommendation of Mayor Pro Tem Ed Amold
to appoint Fred Baur to the Architectural Review Committee, replacing Gary
Scherquist and Gary Scherquist to the Historic Resources Committee, replacing
Gordon Bennett, effective October 1, 2007.
9. PUBLIC HEARINGS:
9.a.
Minor Chans~es to the MOU (PERRIN)
Recommended Action: 1) Approve a Resolution designating a portion of Elm
Street Park, between the pump stations and the southern boundary of the
property for an off-leash pet area ("Dog Park"); 2) Approve a Memorandum of
Understanding ("MOU") with the Five Cities Dog Park Association ("FCDPA"); and
3) authorize the City Manager to approve minor changes to the MOU determined
beneficial to the design and operation of the Dog Park.
9.b.
Cherry Avenue (STRONG)
Recommended Action: Adopt a Resolution upholding the Planning Commission's
approval of Plot Plan Review Case No. 06-009.
10. CONTINUED BUSINESS:
None.
AGENDA SUMMARY -AUGUST 14, 2007
PAGE 4
11. NEW BUSINESS:
11.a.
Recommended Action: Consider the concept of establishing a practice and/or
policy designating a summer month in the future for cancellation of Council meetings
and provide direction to staff.
12. CITY COUNCIL MEMBER ITEMS:
The following item(s) are placed on the agenda by a Council Member who would like
to receive feedback, direct staff to prepare information, and/or request a formal
agenda report be prepared and the item placed on a future agenda. No formal action
can be taken.
None.
13. CITY MANAGER ITEMS:
The following item(s) are placed on the agenda by the City Manager in order to
receive feedback and/or request direction from the Council. No formal action can be
taken.
a. None.
14. COUNCIL COMMUNICATIONS:
Correspondence/Comments as presented by the City Council.
15. STAFF COMMUNICATIONS:
Correspondence/Comments as presented by the City Manager.
16. COMMUNITY COMMENTS AND SUGGESTIONS:
This public comment period is an invitation to members of the community to present
issues, thoughts, or suggestions. Comments should be limited to those matters that
are within the jurisdiction of the City Council. The Brown Act restricts the Council
from taking formal action on matters not published on the agenda.
17. ADJOURNMENT
All staff reports or other written documentation relating to each item of business referred to on the agenda
are on file in the City Clerk's office and are available for public inspection and reproduction at cost. If
requested, the agenda shall be made available in appropriate alternative formats to persons with a
disability, as required by the Americans with Disabilities Act. To make a request for disability-related
modification or accommodation, contact the Administrative Services Department at 805-473-5414 as soon
as possible and at least 48 hours prior to the meeting date.
AGENDA SUMMARY -AUGUST 14, 2007
PAGE 5
This agenda was prepared and posted pursuant to Government Code Section 54954.2. Agenda reports
can be accessed and downloaded from the City's website at www.arrovoarande.org
City Council/Redevelopment Agency Meetings are cablecast live and videotaped for replay on Arroyo
Grande's Government Access Channel 20. The rebroadcast schedule is published at www.slo-soan.org.
8.a.
MEMORANDUM
TO: CITY COUNCIL
FROM: ANGELA KRAETSCH, DIRECTOR OF FINANCIAL SERVICES
BY: FRANCES R. HEAD, ACCOUNTING SUPERVISOR 14
SUBJECT: CASH DISBURSEMENT RATIFICATION
DATE: AUGUST 14, 2007
RECOMMENDATION:
It is recommended the City Council ratify the attached listing of cash disbursements for
the period July 16 through July 31, 2007.
FUNDING:
There is a $857,924.34 fiscal impact that includes the following items:
Accounts Payable Checks 132292-132533 $ 350,022.47
Payroll Checks & Benefit Checks $ 507,901.87
All payments are within the existing budget.
DISCUSSION:
The attached listing represents the cash disbursements required of normal and usual
operations. It is requested that the City Council approve these payments.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
• Approve staffs recommendation;
• Do not approve staffs recommendation;
• Provide direction to staff.
Attachments:
Attachment 1-July 16, 2007-July 31, 2007, Accounts Payable Check Register
Attachment 2-July 20, 2007, Payroll Checks & Benefit Checks Register
ATTACHMENTI
apckHist Check History Listing Page: 1
08106/2007 9:16AM CITY OF ARROYO GRANDE
Bank code: boa
Check # Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total
132292 07116/2007 002632 API WASTE SERVICES (DBA) 76S00032 07/09/2007 323.26 323.26
132293 07/16/2007 003175 AQUA-METRIC SALES 0017693 07/03/2007 452.35 452.35
132294 07/16/2007 001997 ARCH W IRELESS Q3257180G 07/03/2007 898.53 898.53
132295 07/1612007 001146 ARROYO RANCH COMPANY 10 06/29/2007 2,797.00 2,797.00
132296 07/1612007 001944 BASIC CHEMICAL SI5330311 07/02/2007 617.21 617.21
132297 07116/2007 003854 CCMF - CA CITY MGT 071107 07/11/2007 375.00 375.00
132298 07/16/2007 005756 CCPOA 070307 07/03/2007 195.00 195.00
132299 07116/2007 005997 COOK PAGING INC 6766898 07/01/2007 71.60 71.60
132300 07/16/2007 002868 MICHELLE COTA 071607 07/16/2007 42.91 42.91
132301 07116/2007 000195 CRYSTAL SPRINGS WATER 716-017922 07/06/2007 51.00
7/6-018068 07/06/2007 11.50 62.50
132302 07/16/2007 006246 D.A.L. SAFETY CONSULTANT 071607 07/16/2007 295.00 295.00
132303 07/16/2007 005531 EXECUTIVE INFORMATION 6221 07101/2007 10,000.00 10,000.00
132304 07/16/2007 004188 EDDIE HARRIS 070907 07/09/2007 100.00 100.00
132305 07/16/2007 004845 JOHN CARSON 0709 07/09/2007 100.00 100.00
132306 07116/2007 005511 CHRISTOPHER LINTNER 070907 07/09/2007 48.00 48.00
132307 07/16/2007 001136 DOUG LINTNER 070907 07/0912007 60.00 60.00
132308 07/16/2007 005967 PACIFIC GAS & ELECTRIC 1038276 07113/2007 14,959.76 14,959.76
132309 07/16/2007 000536 GREG ROSE 070907 07109/2007 40.00 40.00
132310 07116/2007 003649 CHARLES D (DON) RUIZ 0700907 07/09/2007 120.00 120.00
132311 0711612007 000545 CITY OF SAN LUIS OBISPO S030000080 06/04/2007 4,000.00 4,000.00
132312 07/16/2007 000578 ANGELITA ANN SARMIENTO 070907 07/09/2007 48.00 48.00
Page: 1
aPCkHist Check History Listing Page: 2
08/06/2007 9:16AM CITY OF ARROYO GRANDE
Bank code: boa
Check # Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total
132313 07/16/2007 006080 MARTINA SARMIENTO 070907 07/09/2007 16. 00 16.00
132314 07/16/2007 003024 MARK SCRAPPER 070907 07/09/2007 60. 00 60.00
132315 07/1612007 000550 SLO COUNTY AIR 11060 07/03/2007 365. 64 365.64
132316 07/16/2007 004860 TAMMY SMITH 070907 07/09/2007 80. 00 80.00
132317 07/16/2007 000616 STERLING 23003 06/0112007 974. 00 974.00
132318 07/17/2007 000403 MAINTENANCE 071707 07/1712007 60. 00 60.00
132320 07/19/2007 005829 AK & COMPANY 001 07/13/2007 700. 00 700.00
132321 07/19/2007 001050 AMERICAN TEMPS INC 47638 07/09/2007 920. 40 920.40
132322 07/19/2007 005507 AT & T 7/7-0183 07107/2007 192. 42
717-3956 07/07/2007 32 .96
717-3959 07/0712007 32 .96
7/7-3953 07/07/2007 32 .96 291. 30
132323 07/19/2007 000065 BRENDA BARROW 071607 07/16/2007 389 .62 389. 62
132324 07/19/2007 000090 BRISCO MILL & LUMBER 133820 07/09/2007 14 .50
133846 07/11/2007 10 .20 24. 70
132325 07119/2007 001577 BURDINE PRINTING (DBA) 6586 07/08/2007 128 .01 128. 01
132326 07I19I2007 000603 CAROUESTAUTOPARTS 7314-177321 07/11/2007 8 .28 8. 28
132327 07/19/2007 001314 CDF/STATE FIRE TRAINING 071607 07/16/2007 30 .00 30. 00
132328 07/19/2007 000160 CHAPARRAL 255761 07/06/2007 270 .85 270. 85
132329 07119/2007 004169 COAST ELECTRONICS 13739 07/02/2007 193 .95 193. 95
132330 07/19/2007 002842 COMMERCIAL 7097-80307 07/0912007 4,250 .00
6037-0607 07/0212007 200 .00 4,450. 00
132331 07/19/2007 003599 COMMERCIAL SANITARY 20121 07/03/2007 784 .20
20117 07/02/2007 63 .57 847. 77
132332 07/1912007 000113 CPCA - CA POLICE CHIEFS 218 07101/2007 270 .00
Page: 2
apckHist Check History Listing Page: 3
08/06/2007 9:16AM CITY OF ARROYO GRANDE
Bank code: boa
Check # Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total
2331 07/01/2007 75. 00
2549 07/0112007 75. 00 420 .00
132333 07/19/2007 000208 J B DEWAR, INC 161093 06/21/2007 565. 00 565 .00
132334 07/19/2007 002673 DOCTORS MEDPLUS 013875539 06/21/2007 75. 00 75 .00
132335 07/19/2007 004202 CLAIRE FLOYD 071307 07/13/2007 48. 00
071207 07/12/2007 24. 00 72 .00
132336 07/19/2007 004790 DEANNA FLOYD 071807 07118/2007 24. 00
071207 07/12/2007 24. 00 48 .00
132337 07/19/2007 003590 SERENA FLOYD 071307 07/13/2007 72. 00 72 .00
132338 0711912007 000262 FRANK'S LOCK & KEY 25670 07106/2007 50. 95
25671 07/06/2007 4. 85 55. 80
132339 07/19/2007 005456 JOHNATHAN HURST 071707 07117/2007 52. 37 52. 37
132340 07/19/2007 001136 DOUG LINTNER 070507 07/05/2007 120. 00 120. 00
132341 07/1912007 001950 TERESA MC CLISH 07122007 07/12/2007 139. 68 139. 68
132342 07/1912007 006020 RYAN MICHAEL 071307 07/13/2007 60. 00
071207 07/12/2007 60. 00 120. 00
132343 07/19/2007 000429 MINER'S ACE HARDWARE, 212210 07/03/2007 53. 85
912348 07/03/2007 48. 44
212491 07106/2007 48. 43
213319 07112/2007 45. 22
213423 07/12/2007 38. 77
213328 07/12/2007 38. 21
212483 07/06/2007 37. 70
214030 07/17/2007 37. 66
213885 07/16/2007 29. 67
2 t 1981 07/02/2007 22. 61
213363 07/12/2007 15. 07
912735 07/06/2007 10. 76
213442 07/12/2007 9. 68
213163 07111/2007 5. 38
Page: 3
apCkHist Check History Listing Page: a
0810612007 9:76AM CITY OF ARROYO GRANDE
Bank code: boa
Check # Date Vendor Status ClearNoid Date Invoice Inv Date Amount Paid Check Total
132344 07/19/2007 000441 MULLAHEY FORD
132345 07119/2007 004087 NIPOMO OPTOMETRY
132346 07/19/2007 005938 PITNEY BOWES
132347 07/1912007 000526 RADIOSHACK
132348 07/1912007 004833 STEVE ROMO
132349 07/1912007 000598 SNAP-ON TOOLS CORP
132350 07/19/2007 000609 BOB SPEAR
132351 07/19/2007 000613 STATEWIDE SAFETY &
132352 07/19/2007 000620 STREATOR PIPE & SUPPLY
132353 07/19/2007 000636 RICK TERBORCH
132354 07/20/2007 006247 AT&T/CWBO BILLING
132355 07/23/2007 000012 AGRI-TURF SUPPLIES, INC
132356 07/23/2007 004815 AIRGAS WEST INC
132357 07/23/2007 005923 ANYTIME PRODUCTS
132358 07/23/2007 003745 ARROWHEAD SCIENTIFIC,
132359 07/23/2007 005615 AT&T/MCI
132360 0712312007 000056 BACKYARD IMPROVEMENT
212130
213413
FOCS179739
FOCS179741
062207
594057
594056
582483
071307
071207
165638
071307
55476
S 1046636.001
071607
5983548
62179
103216966
71586/PO#1004
28508
T6621001
T6656157
T6672859
T6682587
T6682588
2007-545
07/0312007 3.21
07/12/2007 0.32 444.98
07/02/2007 43.06
07/02/2007 38.56 81.62
06/22/2007 407.00 407.00
07/01/2007 1,051.20
07/0112007 202.50 1,253.70
07/05/2007 6.44 6.44
07/13/2007 120.00
07/12/2007 60.00 180.00
07/03/2007 139.91 139.91
07/13/2007 60.00 60.00
07/02/2007 257.40 257.40
07/09/2007 52.88 52.88
07/1612007 212.00 212.00
07/19/2007 37,225.05 37,225.05
06/26/2007 768.05 768.05
06/30/2007 27.25 27.25
07/0512007 1,698.46 1,698.46
06/26/2007 131.15 131.15
06/25/2007 287.67
07/02/2007 87.88
07/02/2007 30.53
06/11/2007 30.03
06/11/2007 14.86 450.97
06/15/2007 56.03
Page: 4
apckHist Check History Listing Page: 6
08/06/2007 9:16AM CITY OP ARROYO GRANDE
Bank code: boa
Check # Date Vendor Status ClearlVoid Date Invoice Inv. Date Amount Paid Check Total
2007-352 04/16/2007 47.41
2007-543 06/15/2007 4.30 107.74
132361 07/23/2007 006227 AZUCENA BARRERA 070507 07/05/2007 375.00
062807 06/28/2007 115.00 490.00
132362 07/23/2007 000090 BRISCO MILL & LUMBER 133629 0612212007 6.28 6.28
132363 07/23/2007 000122 CA ST BOARD OF BE111523 06130/2007 17,354.24 17,354.24
132364 07/2312007 000134 CA ST DEPT OF JUSTICE 627120 06/11/2007 3,427.00 3,427.00
132365 07/23/2007 005843 CALIFORNIA 5716211 06/30/2007 15.77 15.77
132366 0712312007 000603 CAROUEST AUTO PARTS 7314-173349 06/25/2007 99.04
7314-165643 05/24/2007 14.62
7314-174173 06/27/2007 9.43
7314-173371 06/25/2007 8.60
7314-166719 05/29/2007 -23.09
7314-173370 06/25/2007 -48.43 60.17
132367 07/23/2007 006040 CERTIFION CORP 9301 06/30/2007 84.95 84.95
132368 07/23/2007 004952 COLLINGS & ASSOCIATES 12372 06/27/2007 900.00 900.00
132369 07123/2007 000922 CONSOLIDATED PUMP & RL2.5381 06/25/2007 667.52
RL2.5384 06/26/2007 22.10 689.62
132370 0712312007 000195 CRYSTAL SPRINGS WATER 6/30-048519 06/30/2007 17.25 17.25
132371 07123/2007 001840 DELL MARKETING LP XC328KT42lPO#1008 06/29/2007 226.26 226.26
132372 07/23/2007 000208 J B DEWAR, INC 936237 06/30/2007 36.49 36.49
132373 07/2312007 000210 DIESELRO, INC 21767 04/27/2007 691.43 691.43
132374 07/23/2007 002673 DOCTORS MEDPLUS 13877122 03/15/2007 65.00
013872431 05/04/2007 65.00 130.00
132375 07/2312007 003057 DYNAMIC IMAGING 0016748-IN 06129/2007 3,756.82 3,756.82
132376 07/23/2007 000240 FARM SUPPLY CO 370085 06/06/2007 116.24
391595 06/26/2007 35.95
Page: 5
apCkHist Check History Listing Page: 6
08/06/2007 9:16AM CITY OF ARROYO GRANDE
Bank code: boa
Check # Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total
364856 06/01 /2007 15.60
386043 0612012007 2.84
391746 06/26/2007 200 172.63
132377 07/23/2007 004164 FEDEX 2-070-35180 06/01/2007 75.87
2-096-08310 06/15/2007 10.02 g5•gg
132378 07123/2007 006248 JOHN FOSTER 060407 06/04/2007 108.90 108.90
132379 07/23/2007 000263 FRAZEE INDUSTRIES INC 285382 06/20/2007 340.38
285385 06/20/2007 -136.15 204.23
132380 07/23/2007 000605 THE GAS COMPANY 7/10-200 N 07/10/2007 128.70
7/11-1375 07/11/2007 74.20
7/11-350 07/11/2007 71.70
719-1500 07/09/2007 11.77
7/9-910 07/0912007 2.48 288.85
132381 07/23/2007 006249 HYDREX PEST CONTROL CO 03-0080037 06/20/2007 95.00 95.00
132382 07/2312007 003770 ICC - INTL CODE COUNCIL, 0397178-IN 06127/2007 906.80
0390903-IN 06/12/2007 79.67 986.47
132383 07123/2007 005201 JAS PACIFIC INC BI 9444 07102/2007 6,024.00 6,024.00
132384 07/23/2007 006115 JPG CONSTRUCTION INC PW 2006-05 07/16/2007 19,485.36 19,485.36
132385 07/23/2007 003949 KERN'S PAPER 21427 0612812007 185.33
21429 06/28/2007 76.29 261.62
132386 07/23/2007 000366 KEY TERMITE & PEST 29772 06127/2007 56.00 56.00
132387 07123/2007 000419 MIDAS AUTO SERVICE 18285 0612812007 36.07 36.07
132388 07/23/2007 000429 MINER'S ACE HARDWARE, 908381 0610412007 18.27
208481 06/0612007 12.36
211625 06/29/2007 3.07 33.70
132389 07/2312007 000441 MULLAHEY FORD FOCS179125 06125/2007 809.44
FOCB179352 06/20/2007 291.31
FOCS179418 06/21/2007 111.80
FOCS179542 06/25/2007 39.58 1,252.13
Page: 6
apCkHist Check History Listing Page: 7
08/0612007 9:16AM CITY OF ARROYO GRANDE
Bank code: boa
Check # Date Vendor Status Clear/Void Date Invoice Inv. Date Amount Paid Check Total
132390 07/2312007 005987 NORMAN & VASOUEZ
132391 07/23/2007 000468 OFFICE DEPOT
132392 07/2312007 005186 NAN PENNOCK
132393 07/23/2007 004158 PHOENIX GROUP
132394 0712312007 000503 POOR RICHARD'S PRESS,
132395 0712312007 000531 RICHETTI COMPLETE WATER
132396 07/2312007 006096 SLO COUNTY SHERIFF-
132397 0712312007 000616 STERLING
132398 0712312007 002370 TITAN INDUSTRIAL
132399 07123/2007 000666 UNITED RENTALS
132400 07/23/2007 003731 WAKEFIELD COMPANY
132401 07/23/2007 000685 WALLACE GROUP A CALIF
132402 07/23/2007 000704 WITMER-TYSON IMPORTS
132403 07/24/2007 004888 ED ARNOLD
132404 07/24/2007 005956 CHUCK FELLOWS
132405 07/25/2007 004097 W ELLS FARGO BANK NATL
060207 06/02/2007 2,800.00
052507 05125/2007 2,200.00
063007 06/30/2007 1,175.00 6,175.00
391176460-001 06/22/2007 522.34
388376319-001 06/01/2007 377.11
390164190-001 06/ 15/2007 110.52 1,009.97
050807 05/0812007 81.00 81.00
62007157 07/09/2007 203.25 203.25
127387 06/26/2007 665.90 665.90
53490 07/01 /2007 15.00 15.00
CASE#07 00929 06/16/2007 31.00 31.00
22873 04/01/2007 974.00
23002 05/01/2007 974.00 1,948.00
1020249 06/25/2007 1,800.12 1,800.12
66054361 06/29/2007 986.31
66144301-001 06/28/2007 173.82
66177845-001 06/26/2007 124.51
66218734-001 06/27/2007 16.50 1,301.14
3576 06/27/2007 2,999.74 2,999.74
23179 07/09/2007 5,552.41
23180 07/09/2007 805.00
23181 07/09/2007 680.67 7,038.08
T5988 07/03/2007 350.00 350.00
072407 07/24/2007 155.20 155.20
072407 07/24/2007 155.20 155.20
071207 07/12/2007 103,205.00 103,205.00
Page:?
apCkHist Check History Listing Page: 8
08/06/2007 9:16AM CITY OF ARROYO GRANDE
Bank code: boa
Check # Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total
132416 07/2512007 006252 STEPHANIE ANDREWS
132417 07/2512007 006251 MICHELLE BRANTIGAN
132418 07/2512007 006253 FRANK FLORES
132419 07/2512007 006254 S&S HOMES
132420 07/25/2007 006255 S&S HOMES
132421 07/25/2007 006256 S&S HOMES
132422 07/2712007 005992 LAURIE ADAMS
132423 07/2712007 006250 ALL AMERICAN BOUNCE
132424 07/27/2007 005709 AMERICAN MESSAGING
132425 07/2712007 006196 STEVEN ANNIBALI
132426 07/2712007 002632 API WASTE SERVICES (DBA)
132427 07/2712007 003175 AQUA-METRIC SALES
132428 07/2712007 005507 AT & T
132429 07/27/2007 001758 AUTO GLASS CENTRAL
132430 07/27/2007 006257 DEAN BAGNUDA
132431 07/27/2007 000065 BRENDA BARROW
132432 07/2712007 000090 BRISCO MILL & LUMBER
132433 07/2712007 000094 BRUMIT DIESEL, INC
132434 07/27/2007 000096 BURTON'S FIRE, INC.
132435 07/2712007 006258 CLARENCE CABREROS
Ref000078636 07/11/2007 2.42 2.42
Ref000078635 07/11/2007 101.51 101.51
Ref000078637 07/1112007 57.35 57.35
Ref000078638 07/11/2007 118.48 118.48
Ref000078639 07/11/2007 106.59 106.59
Ref000078640 07/1112007 105.20 105.20
071907 07/1912007 30.00 30.00
072007 07/20/2007 185.00 185.00
L5245715HG 07/15/2007 11.34 11.34
072007 07/20/2007 2,811.11 2,811.11
77D00031 07/13/2007 339.92 339.92
0017743 07109/2007 949.06
0017779 07/12/2007 426.87 1,375.93
7/8-9867 07/08/2007 77.91
7/8-9816 07/08/2007 77.52
7/7-7480 07/07/2007 66.91 222.34
1170 07/13/2007 203.91 203.91
071907 07119/2007 30.00 30.00
072007 07120/2007 184.90 184.90
133894 07/16/2007 69.33
133981 07/24/2007 54.00 123.33
99890 07/0712007 50.94 50.94
39567 07/1712007 129.49 129.49
7192007 07/1912007 420.00 420.00
Page: 8
apCkHist Check History Listing Page: 9
08/0612007 9:16AM CITY OF ARROYO GRANDE
Bank code: boa
Check # Date Vendor Status ClearNOid Date Invoice Inv. Date Amount Paid Check Total
132436 07/27/2007 006259 CAPTO(CA ASSOC OF 070107
132437 07/2712007 000603 CAROUEST AUTO PARTS 230055
132438 07/27/2007 006260 JOHN CAUSA
132439 07127/2007 003168 CELLULAR ONE
132440 07127/2007 001990 CHARTER
132441 07127/2007 000922 CONSOLIDATED PUMP &
132442 07127/2007 002868 MICHELLE COTA
132443 07/27/2007 000577 LEONARD B DE LOS SANTOS
132444 07/27/2007 000917 DEWAINE'S CRANE
132445 07/27/2007 000208 J B DEWAR, INC
132446 07/27/2007 006261 JOY ERB
132447 07/27/2007 006262 FARMER'S INSURANCE
132448 07/27/2007 001525 FERGUSON ENTERPRISES,
132449 07/27/2007 004202 CLAIRE FLOYD
132450 07/27/2007 004790 DEANNA FLOYD
132451 07127/2007 003590 SERENA FLOYD
132452 07127/2007 000262 FRANK'S LOCK & KEY
132453 07127/2007 000263 FRAZEE INDUSTRIES INC
132454 07/27/2007 004206 DEBORAH FUHLRODT
7314-179298
7314-179179
071907
01332
070207
RL2.5519
072607
072407
9973
937773
071907
071907
1334657
072307
072307
072307
25747
25706
25743
25745
330266
071707
07/01/2007 80.00
07/23/2007 94.29
07/18/2007 20.56
07/18/2007 12.15
07/19/2007 30.00
07/08/2007 134.76
07/02/2007 194.95
07/12/2007 20.48
07/26/2007 140.00
07/24/2007 1,026.68
07113/2007 385.00
07/16/2007 228.94
07/19/2007 30.00
07/19/2007 100.00
07109/2007 268.13
07/26/2007 24.00
07/23/2007 24.00
07/23/2007 48.00
07/20/2007 9.70
0711312007 8.62
07/2012007 3.23
07/20/2007 3.23
07/10/2007 68.08
07/17/2007 370.00
80.00
127.00
30.00
134.76
194.95
20.48
140.00
1,026.68
385.00
228.94
30.00
100.00
268.13
24.00
24.00
48.00
24.78
68.08
370.00
Page: 9
apCkHist Check History Listing Page: ~0
08106/2007 9:16AM CITY OF ARROYO GRANDE
Bank code: boa
Check # Date Vendor Status Clear/Void Date Invoice Inv. Date Amount Paid Check Total
132455 07/27/2007 000291 HAAKER EQUIPMENT, INC C55442 07/13/2007 175.37 175.37
132456 07127/2007 004188 EDDIE HARRIS 072407 07/24/2007 140.00 140.00
132457 07/27/2007 000307 BOB HICKS TURF 25564 07/10/2007 59.54 59.54
132458 07/2712007 006263 THOMAS HUGHES 071907 07/19/2007 30.00 30.00
132459 07/27/2007 000338 IIMC - INTL INST OF 061907 06/19/2007 140.00 140.00
132460 07/27/2007 002820 INDOFF, INC 1006609 07/18/2007 194.16
1007425 07/09/2007 89.23
1007494 07/0912007 17.76 301.15
132461 07/27/2007 005833 KERN TURF SUPPLY INC 252297 0711012007 314.65
252401 07/11/2007 258.13 572.78
132462 07/27/2007 004845 JOHN CARSON 072307 07/23/2007 280.00 280.00
132463 07/27/2007 000373 LAUTZENHISER'S 7439 07/16/2007 135.28 135.28
132464 07/27/2007 005511 CHRISTOPHER LINTNER 072307 07/23/2007 120.00 120.00
132465 07/27/2007 001136 DOUG LINTNER 072307 07123/2007 160.00 160.00
132466 07/27/2007 004768 JON MACHADO 071907 07119/2007 30.00 30.00
132467 07/27/2007 006264 MICHAEL MAILLOUX 071907 07/19/2007 30.00 30.00
132468 07/27/2007 006265 DIANE MARTIN 071907 07/1912007 30.00 30.00
132469 07/27/2007 006088 MATCO TOOLS 12236 0711812007 431.22
12235 07/18/2007 175.12
12237 07118/2007 166.88 773.22
132470 07/2712007 000966 GEORGE MC GILLIGAN 071907 07/19/2007 30.00 30.00
132471 07/27/2007 006020 RYAN MICHAEL 072307 07/23/2007 120.00 120.00
132472 07/27/2007 000419 MIDAS AUTO SERVICE 0018428 07/10/2007 204.62 204.62
132473 07/2712007 000429 MINER'S ACE HARDWARE, 914664 07/19/2007 59.25
214521 07/20/2007 57.99
Page: 10
apCkHist Check History Listing Page: 11
08106/2007 9:16AM CITY OF ARROYO GRANDE
Bank code: boa
Check # Date Vendor
132474 07127/2007 006266 JACK MITCHELL
132475 07127/2007 005022 RAY MOTLEY
132476 07127/2007 000441 MULLAHEY FORD
132477 07/27/2007 006267 TONI MURPHY
132478 07/27/2007 000454 NATIONAL NOTARY ASSN
132479 07/27/2007 006268 NATL CRIME PREVENTION
132480 07/27/2007 000468 OFFICE DEPOT
132481 07/27/2007 006213 IGNACIA OWEN
132482 07/27/2007 000481 PACIFIC GAS & ELECTRIC
132483 07/27/2007 004184 RETAIL ACQUISITION & DEV.,
132484 07/27/2007 004833 STEVE ROMO
132485 07/27!2007 006269 REINA ROYAL
132486 07/27/2007 003649 CHARLES D (DON) RUIZ
132487 07127/2007 003200 STEPHANIE RUIZ
Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total
214364 07/19/2007 47.05
212075 07/0212007 46.84
214236 07/18/2007 40.48
214319 07/19/2007 34.95
214353 07/19/2007 23.59
211951 07/02/2007 23.12
214078 07117/2007 21.50
915220 07/23/2007 8.58
211903 07/01/2007 8.07 371.42
071807 07/18/2007 60.00 60.00
071907 07119/2007 30.00 30.00
179926 07/09/2007 54.85 54.85
071907 07/19/2007 30.00 30.00
072307 07/23/2007 52.00 52.00
AR9340-653357 07/03/2007 128.18
AR9340-653352 07/03/2007 127.76
AR9340-653360 07/03/2007 89.99 345.93
392475833-001 07/06/2007 158.13
393188234-001 07/13/2007 1.44 159.57
071907 07119/2007 30.00 30.00
7/13-620838 07/13/2007 240.51
7113-781296 07/13/2007 8.25 248.76
20047256 07/19/2007 199.88 199.88
072307 07/23/2007 60.00 60.00
071907 07119/2007 30.00 30.00
072307 07123/2007 300.00 300.00
071907 07/19/2007 30.00 30.00
Page: 11
apCkHist Check History Listing Page: 12
08/06/2007 9:18AM CITY OF ARROYO GRANDE
Bank code: boa
Check # Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total
132488 07/27/2007 000578 ANGELITA ANN SARMIENTO 072307 07/23/2007 64.00 64.00
132489 07/27/2007 006080 MARTINA SARMIENTO 072307 07/23/2007 136.00 136.00
132490 07/27/2007 003024 MARK SCRAPPER 072307 07!23/2007 240.00 240.00
132491 07127/2007 003668 MICHAEL SMILEY 071507 07/15/2007 370.00 370.00
132492 07/27/2007 001465 ELMER OR RUTH SMITH 071907 07/19/2007 30.00 30.00
132493 07/27/2007 004860 TAMMY SMITH 072307 07/23/2007 120.00 120.00
132494 07/27/2007 000609 BOB SPEAR 072307 07/23/2007 60.00 60.00
132495 07127/2007 002531 SPECIALTY LAMP 0000237477 07109/2007 1,011.93 1,011.93
132496 07127/2007 006270 SUSIE SPOTTS 071907 07/19/2007 30.00 30.00
132497 07127/2007 000616 STERLING 23040 07/09/2007 1,398.60 1,398.60
132498 07/27/2007 005628 DUANE STUERMAN 071907 07/19/2007 60.00 60.00
132499 07127/2007 000624 SUPERIOR QUALITY 123079092 07/02/2007 2,294.11
34577 07112/2007 1,130.18
34558 07/11/2007 968.04
34576 07/12/2007 427.84 4,820.17
132500 07/27/2007 002370 TITAN INDUSTRIAL 1020704 07/17/2007 1,396.42
1020783 07/19/2007 996.42
1020553 07/11/2007 82.77 2,475.61
132501 07/27/2007 004476 THE TRAINING NETWORK 517533 07/0312007 75.00 75.00
132502 07127/2007 000669 UNION ASPHALT, INC 280837 07103/2007 633.89
281368 07109/2007 352.83 ggg.72
132503 07/27/2007 000666 UNITED RENTALS 66370550-001 07/03/2007 15.90 15.90
132504 07/27/2007 006271 JENNIFER WILLINGTON 071907 07/19/2007 30.00 30.00
132505 07/27/2007 006272 JULIE WOODLAND 071907 07/19/2007 30.00 30.00
132506 07/27/2007 006273 JULIE WYRICK 071907 07/19/2007 62.00 62.00
Page: 12
apCkHist Check History Listing Page: 13
08106/2007 9:18AM CITY OF ARROYO GRANDE
Bank code: boa
Check # Date Vendor
132507 07/30/2007 000058 BANK OF AMERICA
Status ClearNoid Date Invoice
132508 07/3012007 003817 AMERIPRIDE UNIFORM SVCS V
132509 07/30/2007 003817 AMERIPRIDE UNIFORM SVCS
Inv. Date Amount Paid Check Total
7/8-9444 07/08/2007 1,408.90
718-7762 (07/08) 07/08/2007 1,149.83
7/8-2059 (06/07) 07/08/2007 894.40
7/8-9328 07/08/2007 621.78
7/8-0915 07/08/2007 586.09
7/8-2083 07/0812007 459.64
7/8-2059 (07!08) 07/0812007 452.16
7/8-9436 07/08/2007 289.21
7/8-7762 (06/07) 07/08/2007 60.13
07/3012007 0.00
F198500 06/05/2007 36.30
F209930 06/19/2007 36.30
F204263 06/12/2007 24.35
F215628 06/26/2007 23.80
F209931 06/19/2007 19.85
F198515 06/05/2007 19.60
F204281 06/12/2007 19.60
F209929 06/19/2007 19.60
F215627 06/26/2007 19.60
F198499 06/05/2007 1820
F204262 06/12/2007 18.20
F215629 06/26/2007 18.20
F204273 06/12/2007 17.25
F215620 06/26/2007 17.25
F198513 06/05/2007 16.50
F209926 06/19/2007 16.50
F198506 06/05/2007 11.80
F209933 06/19/2007 11.80
F204277 06112/2007 10.35
F215622 06/26/2007 10.35
F198512 06105/2007 9.50
F209923 06119/2007 9.50
F198505 06/05/2007 8.80
F209932 06119/2007 8.80
F204279 06/12/2007 8.50
5,922.14
0.00
Page: 13
apCkHist Check History Listing Page: 14
06/0612007 9:16AM CITY OF ARROYO GRANDE
Bank code: boa
Check # Date Vendor Status Clear/Void Date Invoice Inv. Date Amount Paid Check Total
F215625 06/2612007 8.50
F209927 06/19/2007 6.70
F204280 06/12/2007 6.15
F204276 06/12/2007 6.00
F215624 06/26/2007 6.00
F198514 06/05/2007 5.60
F215626 06/26/2007 5.60
F204278 06/12/2007 5.00
F215623 06/26/2007 5.00
F204267 06/12/2007 2.80
F215630 06/26/2007 2.80
F204268 06/12/2007 2.80
F215631 06/26/2007 2.80 496.25
132510 0713012007 005615 AT&T/MCI T6682594 06/11/2007 986.32
T6682606 06/11/2007 89.45
T6682589 06/11/2007 18.70 1,094.47
132511 07/30/2007 002119 BERNARD'S H D SPECIALTY 062007 06/2012007 240.00 240.00
132512 07/3012007 000157 CENTRAL VALLEY 124838 06/22/2007 65.00
123988 05/31/2007 60.00 125.00
132513 07/30/2007 006039 CHEVRON & TEXACO CARD 7898072884707 07/06/2007 565.61 565.61
132514 0713012007 000171 CLINICAL LABORATORY OF 750485 07/09/2007 340.00 340.00
132515 07130/2007 000181 COMMUNICATION 3624 06/29/2007 14,127.58 14,127.58
132516 0713012007 000187 COOPERATIVE PERSONNEL ARR0001 06/29/2007 438.35 438.35
132517 0713012007 002673 DOCTORS MEDPLUS 13885779 05/09/2007 245.00
13885878 05/16/2007 245.00
013874375 0311512007 65.00 555.00
132518 0713012007 001718 GOLDSTAR PRODUCTS, INC 0015964-0029642 06/25/2007 794.10 794.10
132519 0713012007 000288 CITY OF GROVER BEACH 071307 07/13/2007 47.69 47.69
132520 07130/2007 001474 ROBERT HOPKINS 062007 06/20/2007 47.98 47.98
Page: 14
apCkHist Check History Listing Page: 15
08106/2007 9:16AM CITY OF ARROYO GRANDE
Bank code: boa
Check # Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total
132521 07/30/2007 000330 INFORMATION TECH DEPT 4944 06/30/2007 533.21
4934 06/30/2007 282.33 815.54
132522 07130/2007 005151 MICHAEL MARTINEZ 062007 06120/2007 70.00 70.00
132523 07/30/2007 000468 OFFICE DEPOT 386611038-001 05/1112007 47.03 47.03
132524 07/30I2007 001886 OFFICEMAX-HSBC 04869J1801 06/29/2007 1,034.36
04073142J1721 06/21/2007 745.60
04068208J1711 06120/2007 319.63
04073645J1721 06/21/2007 312.46
08836J1641 06/13/2007 2477 2,436.82
132525 07/30/2007 000992 ROWS NURSERY 9916 05/04/2007 23.86 23.86
132526 07130/2007 000564 SLO COUNTY NEWSPAPERS 6596435 06115/2007 229.07
6603008 06/29/2007 110.33
6599136 06/20/2007 99.11
6596451 06/15/2007 89.76
6596597 06/18/2007 86.02
6592373 06/06/2007 84.15 698.44
132527 07130/2007 000731 SLO COUNTY SHERIFF'S 071707 07/17/2007 11,609.50 11,609.50
132528 07/30/2007 000616 STERLING 23001 06/24/2007 112.25 11225
132529 07/30/2007 000623 SUNSET NORTH CAR WASH 1176 06/30/2007 528.79 528.79
132530 07130/2007 004736 VANGUARD VAULTS 16433 06/30/2007 231.00 231.00
132531 07/30/2007 002137 VERIZON WIRELESS 0568426856 07/07/2007 514.86
0567552510 07/04/2007 307.68
568537095 07/18/2007 45.56
0568373486 07/1812007 37.52
0568756511 07/2412007 32.53 938.15
132532 07130/2007 000687 WAYNE'S TIRE, INC 768428 06/30/2007 5,433.44 5,433.44
132533 07/30/2007 005277 CHARLOTTE YOUNG 6280701 06/28/2007 226.80 226.80
Page: 15
History fisting Total
C-TV OF ARROYO GRANDE punoun/Paid 47
In=,at~ ~~~ 350,022'
Invoice boa Total:
apGktiist g:16AM o~d Date 350,On~47
5t~ CIearN .
0810612007
Total Checks
cow; boa
Bank pate Vendor
231 checks in this reP~
Page: ~,
ATTACHMENT 2
DEPARTMENTAL LABOR DISTRIBUTION
PAY PERIOD
6!29107 - 7112/07
07/20107
FUND 010 455,991.92 5101 Salaries Full time 190,534.36
FUND 220 20,164.36 5102 Salaries Part-Time - PPT 17,764.10
FUND 284 707.53 5103 Salaries Part-Time - TPT 14,149.43
FUND 285 707.59 5105 Salaries OverTime 11,491.30
FUND 612 8,131.69 5107 Salaries Standby 384.38
FUND 640 22,198.78 5108 Holiday Pay 16,382.08
507,901.87 5109 Sick Pay 5,178.40
5110 Annual Leave Buyback 42,081.96
5111 Vacation Buyback 2,797.73
5112 Sick Leave Buyback
5113 Vacation Pay 17,468.93
5114 Comp Pay 5,525.75
5115 Annual Leave Pay 5,453.34
5121 PERS Retirement 77,689.78
5122 Social Security 25,364.03
5123 PARS Retirement 461.87
5126 State Disability Ins. 709.63
5127 Deferred Compensation 675.00
5131 Health Insurance 39,583.74
5132 Dentallnsurance 4,613.28
5133 Vision Insurance 1,037.47
5134 Life Insurance 568.20
5135 Long Term Disability 945.14
5143 Uniform Allowance 21,200.00
5144 Car Allowance 600.00
5146 Council Expense
5147 Employee Assistance 249.47
5148 Boot Allowance 4,200.00
5149 Motor Pay 75.00
5150 Bi-Lingual Pay 200.00
5151 Cell Phone Allowance 517.50
507,901.87
8.6.
MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
TUESDAY, JULY 3, 2007
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. ROLL CALL:
Mayor Ferrara called the meeting to order at 4:00 p.m. Council Member Jim Guthrie, Council
Member Chuck Fellows, Mayor Pro Tem Ed Arnold and City Manager Steven Adams were
present. Council Member Joe Costello and City Attorney Tim Carmel were absent.
2. PUBLIC COMMENT:
None.
3. CITY COUNCIL CLOSED SESSION:
PUBLIC EMPLOYMENT pursuant to Government Code Section 54957:
Title: Chief of Police
4. RECONVENE TO OPEN SESSION:
Mayor Ferrara announced that there was no reportable action from the closed session.
5. ADJOURNMENT:
The meeting was adjourned at 4:46 p.m.
Tony Ferrara, Mayor
ATTEST:
Kelly Wetmore, City Clerk
MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
TUESDAY, JULY 10, 2007
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. ROLL CALL:
Mayor Ferrara called the meeting to order at 6:35 p.m. Council Member Joe Costello, Council
Member Chuck Fellows, Mayor Pro Tem Arnold, City Manager Steven Adams, and City
Attorney Timothy Carmel were present. Council Member Guthrie was absent.
2. PUBLIC COMMENT:
None.
Council Member Guthrie arrived at 6:40 p.m. before the closed session commenced.
3. CITY COUNCIL CLOSED SESSION:
a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to
Government Code Section 54956.8:
Property: APN: 077-061-016; Vacant Parcel Located East of
Hillcrest Drive and South of Stonecrest Drive
Agency Negotiator: Steven Adams, City Manager
Negotiating Party: Howard Mankins
Under Negotiation: Price, Terms and Conditions of Potential Purchase
4. RECONVENE TO OPEN SESSION:
Mayor Ferrara announced that there was no reportable action from the closed session.
5. ADJOURNMENT:
The meeting was adjourned at 6:51 p.m.
Tony Ferrara, Mayor
ATTEST:
Kelly Wetmore, City Clerk
8.c.
MEMORANDUM
TO: CITY COUNCIL
FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR
BY: ANDY DiGIROLAMO, PLANNING INTERN
SUBJECT: CONSIDERATION OF TEMPORARY USE PERMIT 07-013
AUTHORIZING CLOSURE OF CITY STREETS AND USE OF CITY
PROPERTY FOR THE 70T" ANNUAL ARROYO GRANDE VALLEY
HARVEST FESTIVAL, FRIDAY AND SATURDAY, SEPTEMBER 28-29,
2007
DATE: AUGUST 14, 2007
RECOMMENDATION:
It is recommended that the City Council adopt a Resolution authorizing closure of City
streets and use of City property for the 70th Annual Arroyo Grande Valley Harvest
Festival.
FUNDING:
Application fees for this event have been waived pursuant to Resolution 3760, which
established policies to waive permit application fees for certain annual temporary use
permit events. A waiver of fees and costs reduces City revenue by approximately
$6,780. Historically, the City has waived fees and costs for this event because the City
has served as co-sponsor of the event.
DISCUSSION:
The 70th Annual Arroyo Grande Valley Harvest Festival is scheduled for Friday and
Saturday, September 28-29, 2007. Setup will begin on Thursday, September 27, 2007
at 4:00 p.m. and cleanup will end early Sunday morning, September 30, 2007. Activities
at the Festival will include entertainment, food, games and crafts booths, contests and a
parade. These activities are held along Nelson Street, Short Street, Olohan Alley, West
and East Branch Street, and on the Village Green. The parade is held on East Grand
Avenue and West and East Branch Street between Halcyon Road and Mason Street.
The Festival organizers are requesting the closure of Short Street, West and East
Branch Street (Highway 227), and Olohan Alley for food, games and crafts booths and
entertainment; Nelson Street between Bridge Street and Mason Street for the Big Ditch
Derby; and East Grand Avenue at Elm Street, East Branch Street, Halcyon Road from
EI Camino to Fair Oaks, and Mason Street to Nelson Street for the parade.
CITY COUNCIL
CONSIDERATION OF TEMPORARY USE PERMIT 07-013 AUTHORIZING CLOSURE
OF CITY STREETS AND USE OF CITY PROPERTY FOR THE 70TH ANNUAL
ARROYO GRANDE VALLEY HARVEST FESTIVAL, FRIDAY AND SATURDAY,
SEPTEMBER 28-29, 2007
AUGUST 14, 2007
PAGE 2
Four years ago, several residents along Nelson Street submitted a letter regarding the
closure of their street for the Big Ditch Derby. They did not object to the closure, but
wanted assurance that they would have sufficient vehicular access to their homes
during the closure. The Police Department will have officers on-hand to assist residents
who require ingress and egress to and from their homes on the date of the event.
Included in the attached Resolution is authorization for a banner for the event to hang
across Highway 227 and a request that Caltrans consent to closure of Highway 101 to
Mason Street during the Harvest Festival Parade. This language from the City Council
may assist the festival organizers in obtaining a fee waiver from California Department
of Transportation. A Temporary Use Permit will only be issued upon approval by the
City Council of the request for street closures and use of City property.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
-Adopt the attached Resolution;
-Modify and adopt the attached Resolution;
-Do not adopt the attached Resolution; or
-Provide direction to staff.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE APPROVING TEMPORARY USE
PERMIT 07-013 AUTHORIZING CLOSURE OF CITY
STREETS AND USE OF CITY PROPERTY FOR THE 70T"
ANNUAL ARROYO GRANDE VALLEY HARVEST
FESTIVAL, SEPTEMBER 27-30, 2007
WHEREAS, organizers of the annual Arroyo Grande Valley Harvest Festival have
requested closure of City streets and use of City property; and
WHEREAS, organizers of the annual Arroyo Grande Valley Harvest Festival will be
responsible for the removal of all garbage and debris generated by the event.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
does hereby approve Temporary Use Permit 07-013 authorizing the following actions and
use of the following described City property for the Harvest Festival:
The City parking area behind City Hall from the entrance of Mason Street and
extending to the area of the Gazebo and Short Street for use between the hours of
5:00 p.m. Thursday, September 27, 2007 until 10:00 a.m. the morning of Sunday,
September 30, 2007.
The parking area beginning at the Gazebo and extending westerly to Bridge Street
beginning at 1:00 p.m. Friday, September 28, 2007 until 10:00 a.m. Sunday,
September 30, 2007.
3. The use of the City-owned Nelson Street property adjacent to Mason Street for
various displays and contests from 12:00 p.m. to 9:00 p.m. on Friday, September
28, 2007 and from 8:00 a.m. to 6:00 p.m. on Saturday, September 29, 2007 for a
variety of activities, contests, and displays.
4. The use of the City's electrical service as needed for the lighting of booths, sound
system, and contests.
5. The use of the Council Chambers on Friday, September 28, 2007 from 3:00 p.m. to
9:00 p.m. by the Arroyo Grande Masonic Lodge to conduct the Arroyo Grande
Harvest Festival Essay Scholarship Contest.
6. That the northerly half-block portion of Short Street between Nelson Street and the
Swinging Bridge shall be posted "No Parking" from 6:00 a.m. to 5:00 p.m. on
Saturday, September 29, 2007.
RESOLUTION NO.
PAGE 2
7. That request shall be made by the Arroyo Grande Police Department to the State of
California Department of Transportation for permission to close a portion of East
Branch Street, also known as Highway 227, from U.S. Highway 101 to Stanley
Avenue, and the closure of entrance and exit ramps of U.S. Highway 101 at East
Grand Avenue on Saturday, September 29, 2007 between the hours of 7:00 a.m.
and 1:00 p.m.
8. That the City Council authorizes closure of a portion of East Branch Street, also
known as Highway 227, from U.S. Highway 101 to Stanley Avenue and the closure
of entrance and exit ramps of U.S. Highway 101 at East Grand Avenue upon
authorization from the State Department of Transportation for said closure.
9. The City Council authorizes a banner for the event to be installed across East
Branch Street also known as Highway 227.
10. That the Arroyo Grande Police Department will control traffic along and around the
parade route, and police officers will be stationed to give instructions to motorists on
detouring the parade route; and further, the Police Department will restrict traffic on
Route 227 to one lane and control traffic at the freeway ramps from 9:30 a.m. to
12:00 noon on Saturday, September 29, 2007.
11. That the City Council authorizes closure of Nelson Street between Bridge Street
and Mason Street on Saturday, September 29, 2007 from 12:00 p.m. to 5:00 p.m.
for the "Big Ditch Derby' and other events.
12. That three parking spaces on Mason Street at the Comer of Nelson Street,
adjacent to Nelson Green be reserved for vehicles associated with the petting zoo.
BE IT FURTHER RESOLVED, that the following streets shall be closed for the Harvest
Festival Parade on Saturday, September 29, 2007, from 7:00 a.m. to 1:00 p.m., beginning
at East Grand Avenue and Brisco Road and east to the corner of East Branch and Mason
Streets; and Halcyon Road from EI Camino Real to Fair Oaks Avenue.
BE IT FURTHER RESOLVED, that the organizers of the Harvest Festival will adhere to
certain requirements and conditions imposed by the City regarding cleanup and traffic
control and all other applicable conditions of the Temporary Use Permit with the above
findings and subject to the conditions as set forth in Exhibit "A", attached hereto and
incorporated herein by this reference.
RESOLUTION NO.
PAGE 3
On motion by Council Member seconded by Council Member and by the
following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this 14~' day of August 2007.
RESOLUTION NO.
PAGE 4
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
RESOLUTION NO.
PAGE 5
EXHIBIT "A"
CONDITIONS OF APPROVAL
TEMPORARY USE PERMIT 07-013
70T"ANNUAL HARVEST FESTIVAL
GENERAL CONDITIONS:
1. The applicant shall ascertain and comply with all State, County and City
requirements as are applicable to this project.
2. The event shall occur in substantial conformance with the application and plans on
file in the Community Development Department.
3. The event organizers shall comply with all of the Conditions of Approval for
Temporary Use Permit 07-013.
4. The applicant 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.
PARKS, RECREATION AND FACILITIES DEPARTMENT CONDITIONS:
5. The Harvest Festival Committee is to contact the Parks, Recreation and Facilities
Department no later than September 19, 2007 regarding the number and location
of trash receptacles to be placed in the downtown area.
6. The Harvest Festival Committee is responsible for disposal of its garbage into large
trash containers. The Harvest Festival Committee is responsible for providing a
small cargo dumpster (20 cubic yards) in addition to required trash containers.
7. The Harvest Festival Committee is responsible for providing trashcan liners for all
trash containers.
8. The Harvest Festival Committee is responsible for providing additional restroom
supplies for the festival. Should the City provide these supplies, the Harvest
Festival Committee will reimburse the City for the cost of these supplies and related
staff time.
RESOLUTION NO.
PAGE 6
PUBLIC WORKS DEPARTMENT CONDITIONS:
9. Restroom facilities, barricades, signing and detour routes shall be provided by
applicant.
10. The event organizers shall provide (pay for) all traffic barricades and delineators.
The Public Works Department will place the barricades and delineators.
11. The event organizers shall place an advertisement in the September 21, 2007
edition of the Five Cities Times-Press Recorder advising residents of street
closures.
12. The event organizers shall mail or hand deliver a notification of street closures to
every property located within the area where street closures will occur.
13. The event organizers shall provide a $1,000,000 commercial general liability
insurance policy naming the City as additional insured subject to the approval by
the City Attorney. Proof of insurance shall be submitted to the Director of
Administrative Services ten (10) days before the event.
14. The event organizers shall contact the Public Works Department two weeks prior to
the event to check on the status of street maintenance/construction activities. The
Public Works Department may require the event organizers to provide temporary
construction (orange plastic) fencing around areas designated as potentially
hazardous.
BUILDING AND FIRE DEPARTMENT CONDITIONS:
15. All food booths (cooking) must comply with the Fire Department guidelines.
16. A handicapped accessible toilet shall be included where other portable toilets are
located.
17. All electrical must be inspected by the Building and Life Safety Division prior to the
event opening.
18. Emergency access must be maintained to the satisfaction of the Director of Building
and Fire.
19. The use of generators must be reviewed and approved by the Director of Building
and Fire.
20. All tape used for marking the booth locations shall be removed by the event
organizers.
RESOLUTION NO.
PAGE 7
POLICE DEPARTMENT CONDITIONS:
21. The Police Department shall obtain the necessary permit from Caltrans to close a
portion of East Branch Street, also known as Highway 227, from U.S. Highway 101
to Stanley Avenue and the entrance and exit ramps of U.S. Highway 101 at East
Grand Avenue.
8.d.
MEMORANDUM
TO: CITY COUNCIL
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: CONSIDERATION TO PURCHASE TWO WEINMAN WATER
BOOSTER PUMPS FROM BC PUMP SALES & SERVICE, INC.,
FOR THE RANCHO GRANDE BOOSTER STATION
DATE: AUGUST 14, 2007
RECOMMENDATION:
It is recommended the City Council authorize the purchase of two Weinman
water booster pumps in the amount of $12,684.01 from BC Pump Sales &
Service, Inc. for the Rancho Grande Booster Station.
FUNDING:
Funding for this purchase is included in the approved FY 2007/08 operating
budget in the amount of $14,000.
DISCUSSION:
The existing water booster pumps at the Rancho Grande Booster Station are 21
years old and have approximately 35,000 hours of service. These pumps are
extremely worn and require an increased level of maintenance and repair.
The pumps are vital in pumping water to Reservoir No. 5. This reservoir serves
the entire Rancho Grande pressure zone.
Two bids were received. The lowest bid was received from BC Pump Sales &
Service, Inc.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
Approve staff's recommendation to purchase two Weinman water booster
pumps from BC Pump Sales & Service, Inc.;
- Do not approve staff's recommendations;
- Modify staffs recommendation as appropriate and approve; or
- Provide direction to staff.
Attachment: Bid Opening Log Sheet
BID OPENING LOG SHEET
CITY OF ARROYO GRANDE
BID OPENING:
July 19, 2007
Water Pump
BIDDER'S NAME. CITY
BC Pump Sales & Service, Inc.
Santa Maria, CA
Titan Industrial
Santa Maria, CA
TOTAL
$12,684.01
$13,776.92
Kelly WetFnoy~
Director of ministrative Services/City Clerk
c: Director of Public Works
City Manager
8.e.
MEMORANDUM
TO: CITY COUNCIL
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER~X..Y~
SUBJECT: CONSIDERATION TO AWARD A CONTRACT TO WATERBOYS
PLUMBING FOR THE CITY'S PLUMBING RETROFIT PROGRAM
DATE: AUGUST 14, 2007
RECOMMENDATION:
It is recommended the Council:
A. award a contract to Waterboys Plumbing, Inc. in the amount of
$155,525.00; and
B. authorize the Mayor to execute the contract.
FUNDING:
There is $451,585 budgeted for this project in the Capital Improvement Project
budget for fiscal year 2007/08.
DISCUSSION:
The City adopted the Water Conservation Program on May 13, 2003. Phase I of
the program was to retrofit existing residential plumbing with low flow fixtures.
Over the last-three years there were a total of 1,322 single-family homes and 488
apartment units that were retrofitted. A total of 2,756 toilets, 3,005 faucet
aerators, 1,529 showerheads and 245 pressure regulators were installed.
In 2005, the City adopted the Mandatory Retrofit Program upon change of
ownership of real property. A total of 126 homes have been retrofitted to comply
with the ordinance. An estimated 56 acre-feet of water per year has been saved
due to the retrofit program.
The original one-year contract, which was awarded in 2004 and extended for an
additional two years, expired on April 7, 2007. It is recommended that the
program be continued to include mobile homes that are changing ownership and
any additional homes that did not participate in the first three years.
A total of four (4) bids were received and opened on July 26, 2007. The bid
submitted by the apparent low bidder, Waterboys Plumbing, Inc., has been
verified and found to be in compliance with the contract specifications. All
CITY COUNCIL
CONSIDERATION TO AWARD BID FOR THE CITY'S PLUMBING RETROFIT
PROGRAM
AUGUST 14, 2007
PAGE 2
references submitted by Waterboys Plumbing, Inc. have been verified, including
the State Contractor's Licensing Board, which verified that their license is current
and active. Work is expected to begin in September 2007.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
Approve staff's recommendations;
Do not approve staff's recommendations;
Modify as appropriate and approve staff's recommendation; or
Provide direction to staff.
Attachments: Bid Opening Log Sheet
Contract Documents
BID OPENING LOG SHEET
CITY OF ARROYO GRANDE
BID OPENING: July 26, 2007, 2:00 p.m.
Plumbing Retrofit Program
BIDDER'S NAME. CITY TOTAL
Mid State Plumbing and Drain Cleaning $ 237,736.20
Pismo Beach
Waterboys Plumbing $ 155,525.00
Arroyo Grande
Great Rate Plumbing $ 211,681.85
Grover Beach
Jerry's Plumbing & Heating $ 198,849.60
San Luis Obispo
~~~ ~~ ~
ends Reynolds,
Sr. Office AssistantlDeputy City Clerk
c: Director of Public Works
Public Works Supervisor
City Manager
CONTRACT DOCUMENTS
CITY OF ARROYO GRANDE
STATE OF CALIFORNIA
CONTRACT
FOR:
CITY OF ARROYO GRANDE
PLUMBING RETROFIT PROGRAM
THIS AGREEMENT, made and entered into this 14th day of August , 2007, by and between
the CITY OF ARROYO GRANDE a municipal corporation of the State of California, hereinafter
designated City, party of the first part, and WATERBOYS PLUMBING. INCORPORATED
hereinafter designated as Contractor, party of the second part,
WITNESSETH: That the parties hereto do mutually agree as follows:
ARTICLE I. For and in consideration of the payments and agreements hereinafter mentioned to be
made and performed by City, Contractor agrees with City to furnish all materials, equipment and
labor and construct facilities for City, and to perform and complete in a good and workmanlike
manner all the work pertaining thereto shown on the plans and described in the specifications hereto
attached, and to furnish at his own proper cost and expense all tools, equipment, labor, and
materials necessary therefore, except such materials as in the said specifications are stipulated to
be furnished by City, and to do everything required by this Contract and the said specifications and
plans, and the requirements of the Engineer under them, to wit:
CONTRACT SCHEDULE OF COSTS
ITEM
NO.
QTY
UNIT
DESCRIPTION UNIT
PRICE
AMOUNT
1 500 EA 1.6 gpm Flush Toilet- 12" Rough $168.50 $84,250.00
2 200 EA 1.6 gpm Flush Toilet- 10" Rough $222.00 $44,400.00
3 700 EA Toilet Seat and Cover $10.00 $7,000.00
4 1,400 EA 2.0 gpm Faucet Aerator $3.00 $4,200.00
5 700 EA 2.5 gpm Shower Head $10.00 $7,000.00
6 200 EA Water Pressure Determination $20.00 $4,000.00
7 20 EA Adjust Existing Water Pressure Regulating Valve $20.00 $400.00
8 10 EA Replace Existing 3/4" Water Pressure Regulating Valve $80.00 $800.00
9 5 EA Replace Existing 1" Water Pressure Regulating Valve $90.00 $450.00
10 20 EA Install New 3/4" Water Pressure Regulating Valve $120.00 $2,400.00
11 5 EA Install New 1" Water Pressure Regulating Valve $125.00 $625.00
TOTAL CONTRACT PRICE $155,525.00
CON-1
TOTAL CONTRACT IN WORDS:
One Hundred Fifty Five Thousand, Five Hundred Twentv Five Dollars and No Cents
BY:
SIGNATURE
TITLE:
CONTRACTORS BUSINESS NAME: WATERBOYS PLUMBING. INC.
CONTRACTORS LICENSE NO.: 821802
LICENSE EXPIRATION DATE:JuIy 31, 2009
DATE
ARTICLE II. For furnishing all said equipment, materials and labor, performing demolition as
required, and doing all the work contemplated and embraced in thisContract; and for all loss and
damage arising out of the nature ofthe work aforesaid, or from the action of the elements or from
any unforeseen difficulties which may arise or be encountered in the prosecution ofthe work until its
acceptance by City, and for all risks of every description connected with the work; also for all
expenses incurred by or in consequence of the suspension or discontinuance of work, except such
as in the said specifications are expressly stipulated to be borne by City; and for well and faithfully
completing the work and the whole thereof, in the manner shown and described in the said plans
and specifications and in accordance with the requirements of the Engineer under them, City will
pay and Contractor shall receive as full compensation therefore the amounts for such work as
installed for the unit prices bid therefore in accordance with the proposal of Contractor.
ARTICLE III. City hereby promises and agrees with said Contractor to employ, and does hereby
employ, said Contractor to provide the materials and to do the work according to the terms and
conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the
same at the time, in the manner and upon the conditions set forth in the specifications; and the said
parties for themselves, their heirs, executors, administrators, successors, and assigns, do hereby
agree to full performance of the covenants herein contained.
ARTICLE IV. Contract Documents shall consist of The Notice to Contractors, the Statement of
Prevailing Wages, the Contract Bid, the Contract Agreement, the Standard Specifications, the
Technical Specifications, and the Special Provision mentioned therein and titled "CITY OF ARROYO
GRANDE, PLUMBING RETROFIT PROGRAM", all of which are hereto attached are hereby
incorporated in and made a part of this Contract.
ARTICLE V. Should any of the materials or equipment prove defective or should the work prove defective
due to faulty workmanship, material furnished or methods of installation, or should the work or any part
thereof fail to operate properly as originally intended and in accordance with the plans and specifications,
CON-2
due to any of the above causes, all within twelve (12) months after date on which the work called for in this
Contract is accepted by City, the undersigned agrees to reimburse City, upon demand, for its expenses
incurred in restoring said work to the condition contemplated in said project, including the cost of any such
equipment or materials replaced and the cost of removing and replacing any work necessaryto make such
replacement or repairs, or, upon demand by City, to replace any such mat'rials and to repair said work
completely without cost to City so that said work will function successfully as originally contemplated.
City shall have the unqualified option to make any needed replacement or repairs itself or to have such
replacements or repairs done by the undersigned: In the event City elects to have said work performed by
the undersigned, the undersigned agrees that the repairs shall be made and such materials as are
necessary shall be furnished and installed within a reasonable time afterthe receipt of demand from City.
If the undersigned shall fail or refuse to comply with his obligations under this guaranty, City shall be
entitled to all costs and expenses, including attorney's fees, reasonably incurred by reason of the said
failure or refusal.
ARTICLE VI. If Contractor should be adjudged a bankrupt, or if he makes a general assignment for the
benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he or any of
his subcontractors should persistently violate any of the provisions of the Contract, or if he should
disregard laws, ordinances or the instructions of the Engineer, then City may, upon certificate of the
Engineer when sufficient cause exists to justify such action, serve written notice upon Contractor and his
surety of its intention to terminate the Contract, such notice to contain the reasons for such intention to
terminate the Contract, and unless, within five (5) days after the serving of such notice, such violations
shall cease and satisfactory arrangements for correction thereof be made, the Contract shall, upon the
expiration of said five (5) days, cease and terminate.
In the event of any such termination, City shall immediately serve written notice thereof upon the surety
and Contractor, and the surety shall have the right to take over and perform the Contract, provided,
however, that if the surety, within ten (10) days after the serving upon it of notice of termination, does not
give City written notice of its intention to take over and perform the Contract or does not commence
performance thereof within the ten (10) days stated above from the date of the serving of such notice, City
may take over the work and prosecute the same to completion by Contract or by any other method it may
deem advisable, for the account and at the expense of Contractor, and Contractor and his surety shall be
liable to City for any excess cost occasioned City thereby, and in such event City may, without liability for
so doing, take possession of and utilize in completing the work such materials, appliances, plans and
other property belonging to Contractor as may be on the site of the work and necessarytherefore. In such
case Contractorshall not be entitled to receive any further payment until the work is finished. Ifthe unpaid
balance of the Contract price shall exceed the expenses of finishing the work, including compensation for
additional managerial and administration services, such excess shall be paid Contractor. If such expense
shall exceed such unpaid balance, Contractor shall pay the difference to City. The expense incurred by
City, as herein provided, and damage incurred through Contractor's default, shall be certified by the
Engineer.
ARTICLE VII. The Contractor shall indemnify, defend, and hold harmless the City, and its officers,
officials, employees and agents, from and against any and all claims asserted, liability, loss, damage,
expense, costs (including without limitation costs and fee of litigation) of every nature arising of, directly or
indirectly, or in connection with this Contract or the acts or omissions of Contractor, Contractor's
Subcontractors, employees, representatives, agents and invitees including, but not limited to, performance
of the work hereunder or failure to complywith any of the obligations contained herein, except such loss or
damage which was caused by the established active negligence of City orthe established sole negligence
or willful misconduct of City, its officers, officials, employees and agents. Said indemnification and hold
CON-3
harmless provisions shall be in full force and effect regardless of whether or not there shall be insurance
policies covering and applicable to such liability, loss, damage, expense or cost.
The Contractor agrees that the use of any and all public streets and improvements which are part of or
subject to this Contract shall be at all times, prior to the final acceptance by the City, the sole and exclusive
risk of the Contractor. The Contractorfurtherspecificallyagrees that he shall indemnify and hold City free
of any liability for any accident, loss or damage to the work which is the subject of this Contract priorto its
completion and acceptance by the City.
ARTICLE VIII. It is further expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument and the bid or proposal therefore, then this instrument shall
control and nothing herein shall be considered as an acceptance of the said terms of said bid or proposal
conflicting herewith.
ARTICLE IX. Time is of the essence of this contract and failure to comply with this provision shall be a
material breach of this contract.
ARTICLE X. If any part of this contract is held invalid by a court of competentjurisdiction, the balance shall
retain its full force and effect.
ARTICLE XI. Maintenance of required insurance coverage is a material element of this contract and
failure to maintain or renew coverage or to provide evidence of renewal shall be a material breach of this
contract.
IN WITNESS WHEREOF: The parties hereto have caused this Contract to be executed the day and year
first above written.
CITY OF ARROYO GRANDE
By: _
Mayor
ATTEST:
Director of Administrative Services
CONTRACTOR
Title:
CON-4
GENERAL LIABILITY ENDORSEMENT
CITY OF ARROYO GRANDE
P.O. Box 550
Arroyo Grande, CA 93421
A
POLICY INFORMATION
1. Insurance Company:
Policy Number:
2. Policy Term -From: To:
Endorsement Effective Date:
3.
4. Name Insured:
5. Address of
Named Insured:
6. Deductible or Self-Insured Retention (Nil unless otherwise specified): $
7. Coverage is equivalent to: Commercial General
Liability "occurrence" form CG0001.
8. Bodily Injury and Property Damage Coverage is: __
POLICY AMENDMENTS
This endorsement is issued in consideration of the policy pemium. Notwithstanding any inconsistent statement
in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as
follows:
1) INSURED. The City, its elected or appointed officials, employees, agents and volunteers, are included
as insured with regard to damages and defense of claims arising from: (a) activities performed by or on
behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c)
premises owned, leased or used by the Named Insured or (d) automobiles owned, leased, hired or
borrowed by the named insured.
2) CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured for or on
behalf of the City; or (b) products sold by the Named Insured to the City; or (c) premises leased by the
Named Insured from the City, the insurance afforded by this policy shall be primary insurance as
respects the City, its elected or appointed officials, employees, or volunteers; or stand in an unbroken
chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either
event, any other insurance maintained by: the City, its elected or appointed officials, employees, agents
and volunteers, shall be in excess of this insurance and shall not contribute to it.
SCOPE OF COVERAGE.
The policy, if primary, affords coverage at least as broad as:
1) Insurance Services Offce Commercial General Liability Coverage, "occurrence" form CG0001; or
2) If excess, affords coverage, which is at least as broad as the primary insurance forms referenced in the
proceeding sections (1).
SEVERABILITY OF INTEREST.
The insurance afforded by this policy applies separately to each insured who is seeking coverage or against
CON-5
whom a claim is made or a suit is brought, except with respects to the Company's limit of liability. The inclusion
of any person or organization as an insured shall not affect any right which such person or organization would
have as a claimant if not so included.
PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS.
Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City, its
elected or appointed officials, employees, agents or volunteers.
CANCELLATION NOTICE.
The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits
except after thirty (30) days' prior written notice by certified mail return receipt requested has been given to the
City. Such notice shall be addressed as shown in the heading of this endorsement.
INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:
ATTN:
Title:
Department:
Company:
Street Address:
Telephone Number:
SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER
warrant that I have authority to bind the below
signature hereon do so bind this company.
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(original signature required on endorsement furnished to the City)
ORGANIZATION:
ADDRESS:
(prinUtype name),
company and by my
TITLE:
TELEPHONE:
FAX:
--END OF GENERAL LIABILITY ENDORSEMENT--
CON-6
AUTOMOBILE LIABILITY ENDORSEMENT
ATTN:
POLICY INFORMATION
1. Insurance Company:
Policy Number:
2. Policy Term -From:
Endorsement Effective Date:
3. Name Insured:
4 Address of
Named Insured:
5. Limit Liability Any One Occurrence/Aggregate: $
6. Deductible or Self-Insured Retention (Nil unless otherwise specified): $
POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any incoristent statement
in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as
follows:
INSURED. The City, its elected or appointed officials, employees, agents and volunteers, are included as insured
with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the
Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or
used by the Named Insured, or (d) automobiles owned, leased, hired, or borrowed by the Named Insured.
CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured for or on behalf of
the City; or (b) products sold by the Named Insured to the City; or (c) premises leased by the Named Insured
from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its elected or
appointed officials, employees, or volunteers; or stand in an unbroken chain of coverage excess of the Named
Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its
elected or appointed officials, employees, agents or volunteers, shall be in excess of this insurance and shall not
contribute t
SCOPE OF COVERAGE. The policy, if primary, affords coverage at least as broad as:
1) Insurance Services Office form number CA 0001 (ed. 1/78), Code 1 (any auto) and endorsement CA
0025.
2) If excess, affords coverage, which is at least as broad as the primary insurance forms referenced in the
preceding section (1).
SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is
seeking coverage or against whom a claim is made or a suit is brought, except with respects to the Company's
limit of liability. The inclusion of any person or organization as an insured shall not affect any right which such
person or organization would have as a claimant if not so included.
PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply
with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to
the City, its elected or appointed officials, employees, agents or volunteers.
CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled,
reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail return receipt
CON-7
requested has been given to the City. Such notice shall be addressed as shown in the heading of this
endorsement.
INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:
ATTN:
Title:
Department:
Company:
Street Address:
Telephone Number:
SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER.
I, (prinUtype name),
warrant that I have authority to bind the below listed insurance company and by my
signature hereon do so bind this company.
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(original signature required on endorsement furnished to the City)
ORGANIZATION:
ADDRESS:
TITLE:
TELEPHONE:
FAX:
--END OF AUTOMOBILE LIABILITY--
CON-8
WORKER'S COMPENSATION/EMPLOYMENT LIABILITY ENDORSEMENT
ATTN:
POLICY INFORMATION
1.
2.
3.
4.
5.
6.
Insurance Company:
Policy Number:
Policy Term -From:
Endorsement Effective Date:
Name Insured:
Address of
Named Insured:
Limit Liability Any One Occurrence/Aggregate:
Deductible or Self-Insured Retention (Nil unless otherwise
specified): $
POLICY AMENDMENTS
In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to
which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled,
reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail return
receipt requested has been given to the City. Such notice shall be addressed as shown in the heading of
this endorsement.
Waiver of Subrogation. The Insurance Company agrees to waive all rights of subrogation against the City,
its elected or appointed officials, agents and employees for losses paid under the terms of this policy
which arise from work performed by the Named Insured for the City.
SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER
I, (prinUtype name),
warrant that I have authority to bind the below listed insurance company and by my
signature hereon do so bind this company.
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(original signature required on endorsement furnished to the City)
ORGANIZATION:
ADDRESS:
CITY OF ARROYO GRANDE ("the City")
A Municipal Corporation
ATTN:
This certifies to the City that the following described policies have been issued to the Insured named
below and are in force at this time.
Insured:
TITLE:
TELEPHONE:
FAX:
CON-9
Address:
Description of operations/locations/products insured (show contract name and /or number, if any):
POLICIES LIMITS POLICY EXPIRATION
AND INSURERS BODILY INJURY PROPERTY NUMBER DATE
DAMAGE
Worker's Compensation
Employer's Liability $
(Name of Insurer)
Best's Ratin
Check Policy Type:
^ Comprehensive Claims-made
^ General Liability Occurrence-
^ Commercial General Each Occurrence Each Occurrence
Liability $ $
(Name of Insurer) or
Best's Rating: Combined Single Limit $
A re ate $
Business Auto Policy Each Person Each Accident
Liability Coverage $ $
Symbol
(Name of Insurer) Each Accident
Best's Rating: $
Combined Single
Limit $
Umbrella Liability
Claims-Made Occurrence
(Name of Insurer)
Occurrence/Aggregate $
Best's Rating:
Self Insured Retention $
CON-10
The following. coverage or conditions are in effect YES NO
The City, its officials, and employees, agents and volunteers, are named on all liability
policies described above as insured as respects: (a) activities performed for the City by
or on behalf of the named insured, (b) products and completed operations on the
Named Insured, and (c remises owned, leased or used b the Named Insured.
Products and Com leted O erations.
The undersigned will mail to the City 30 days' written notice by receipted delivery of
cancellation or deduction of covers a or limits.
Cross Liabili Clause ore uivalent wordin
Personal In'u ,Perils A, B, and C.
Broad form Pro a Dama e
X, C, U hazards included.
Contractual Liabili Covers e a I in to this Contract.
Li uor Liabili
Coverage afforded the City, its officials, employees, agents and volunteers, as insured
applies as primary and not excess or contributing to any insurance issued in the name
of the Ci
Waiver of subro ation from Workers' Com ensation insurer.
This certificate is issued as a matter of information. This certificate is not an insurance policy and does
not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any
requirement, term or condition of any contract or other document with respect to which this certificate of
insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject
to all the terms, exclusions and conditions of such policies.
Agency of Brokerage
Address
Name of Person to be Contacted
Telephone Number
Insurance Company
Home Office
Authorized Signature
Date
Note:
Authorized signatures may be the agent's if agent has placed insurance through an agency agreement
with the insurer. If insurance is brokered, authorized signature must be of official of insurer.
This information must include all construction work undertaken in the State of California by the bidder and
any partnership,,joint venture or corporation that any principal of the bidder participated in as a principal or
owner for the last five calendar years and the current calendar year prior to the date of bid submittal.
Separate information shall be submitted for each particular partnership, joint venture, corporate or
individual bidder. The bidder may attach any additional information or explanation of data which he would
like taken into consideration in evaluating the safety record. An explanation must be attached of the
circumstances surrounding any and all fatalities.
CON-11
8.f.
MEMORANDUM
TO: CITY COUNCIL
FROM: TIMOTHY J. CARMEL, CITY ATTORNEY(/
SUBJECT: CONSIDERATION OF APPROVAL OF LAND LEASE AGREEMENT
WITH CLEARWIRE US, LLC
DATE: AUGUST 14, 2007
RECOMMENDATION:
It is recommended that the City Council approve and authorize the Mayor to execute a
Land Lease Agreement between the City and Clearwire US, LLC ("Clearwire") for use of
approximately one hundred (100) square feet of property located at 1221 Ash Street,
Arroyo Grande, California (the "Soto Sports Complex") as well as space for an antennae
on an existing light pole.
FUNDING:
Clearvuire will pay the City rent of two thousand dollars ($2,000) per month. Rent is
increased each year by an amount equal to four percent (4%) of the rent for the
previous year. Additionally, Clearwire will pay aone-time administrative review and
processing fee of three thousand five hundred dollars ($3,500).
DISCUSSION:
Clearwire has expressed an interest in leasing a portion of the Soto Sports Complex for
a wireless broadband Internet facility site. After negotiations, the parties drafted the
attached Land Lease Agreement ("Lease") for an approximate 100 square foot portion
of the Soto Sports Complex property as well as for space for an antennae on an existing
City-owned light pole. The term of the Lease is for five (5) years with four (4) additional
five (5) year extensions.
Prior to construction of any improvements of the proposed Lease site, Clearwire will be
required to obtain all necessary use and building permits and comply with all applicable
conditions for its proposed facility.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
- Approve staffs recommendation;
- Do not approve staffs recommendation;
- Modify staffs recommendation as appropriate and approve; or
- Provide direction to staff.
Attachments:
1. Land Lease Agreement
LAND LEASE AGREEMENT
This Lease Agreement (the "Agreement" or "Lease"), made this day of
2007 between the City of Arroyo Grande, a municipal corporation of
the State of California, with its mailing address located at P. O. Box 550, 214 East Branch
Street, Arroyo Grande, California 93421, Tax ID #95-6000-668, hereinafter designated
LESSOR and Clearwire US LLC, a Nevada limited liability company ("Clearwire"), having a
mailing address of 4400 Carillon Point Kirkland, WA 98033, hereinafter designated
LESSEE. The LESSOR and LESSEE are at times collectively referred to hereinafter as the
"Parties" or individually as the "Party".
1. PREMISES. LESSOR is the owner of that certain parcel of property (the entirety of
LESSOR'S property is referred to hereinafter as the Property), located at 1221 Ash Street„
Arroyo Grande, California, 93421, which property is more particularly described in Exhibit
"A" attached hereto and made a part hereof, also known as assessor's parcel number 077-
121-004. LESSOR hereby leases to LESSEE a portion of the Property, which portion is
more particularly described as a ten foot (10') by ten foot (10') parcel containing one
hundred (100) square feet, as described below, plus that area necessary to accommodate
the Clearwire antennas on the existing light pole, together with the non-exclusive right for
ingress and egress, seven (7) days a week twenty-four (24) hours a day, on foot or motor
vehicle, including trucks, and for the installation and maintenance of utility wires, cables,
and conduits, under, a twelve (12') foot wide right-of-way extending from the nearest public
right-of-way, at Golden West Place, and running to the demised premises, said demised
premises and right-of-way (hereinafter collectively referred to as the "Premises") for
access being substantially as described herein in Exhibit "B" attached hereto and made a
part hereof. In the event any public utility is unable to use the aforementioned right-of-way,
the LESSOR hereby agrees to grant an additional right-of-way to either the LESSEE or to
the public utility at no cost to the LESSEE.
2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Property
and the Premises, and said survey shall then become Exhibit "C" which shall be attached
hereto and made a part hereof, and shall control in the event of boundary and access
discrepancies between it and Exhibit "B". Cost for such work shall be borne by the
LESSEE.
3. TERM. This Agreement shall be effective as of the date of execution by both
parties, provided, however, the initial term shall be for five (5) years and shall commence
on the Commencement Date (as hereinafter defined). The Commencement Date is
defined as the first (1st) day of the month following the date this Agreement is executed by
the Parties or the first (1st) day of the month following the date LESSEE is granted a
building permit by the governmental agency charged with issuing such permits, whichever
event occurs last. This Agreement shall automatically be extended for four (4) additional
five (5) year terms unless the LESSEE terminates it at the end of the then current term by
giving the LESSOR written notice of the intent to terminate at least six (6) months prior to
the end of-the then current term.
4. ADDITIONAL EXTENSIONS. If at the end of the fourth (4th) five (5) year extension
term this Agreement has not been terminated by either party by giving to the other written
notice of an intention to terminate at least six (6) months prior to the end of such term, this
Agreement shall continue in force upon the same covenants, terms and conditions for a
further term of five (5) years and for five (5) year terms thereafter until terminated by either
Party by giving to the other written notice of its intention to so terminate at least six (6)
months prior to the end of such term.
5. RENT. (a) Within thirty (30) business days of the Commencement Date, and on the
first day of each month thereafter, LESSEE shall pay to LESSOR Two Thousand and
No/100 dollars ($2000.00) per month ("rent"). Rent for any fractional month at the
beginning or at the end of the Term or Renewal Term shall be prorated. Rent shall be
payable to LESSOR at City of Arroyo Grande, P.O, Box 550, 214 East Branch Street
Arroyo Grande, CA 93421; Attention: Financial Services Director.
(b) Rent shall be increased on each anniversary of the Commencement Date by an
amount equal to four percent (4%) of the rent for the previous year during the initial term
and all extension terms.
(c) Rent payments made after the fifteenth (15th) day of any month will be considered
delinquent, and shall accrue interest at the rate of ten percent (10%) per annum on that
delinquent amount until LESSEE'S account is paid to current. If the fifteenth (15th) day of
the month is on a Saturday, Sunday or holiday, then LESSEE has until the next business
day for the payment to be received by LESSOR.
(d) Within thirty (30) days of the full execution of this Agreement, LESSEE
shall pay to LESSOR as additional consideration a one time administrative fee of Three
Thousand Five Hundred Dollars ($3,500.00) for City transactional costs associated with
preparation and processing of this Agreement.
6. USE: GOVERNMENTAL APPROVALS. LESSEE shall use the Premises solely for
the purpose of constructing, maintaining and operating a wireless broadband intemet
service site and all necessary appurtenances and shall abide by, and keep itself fully
informed of all Federal, State and local rules and regulations including, but not limited to,
City's Telecommunication Facilities Siting and Permit Submittal Requirements, Resolution
No. 3569. A security fence consisting of chain link construction or similar but comparable
construction may be placed around the perimeter of the Premises at the discretion of
LESSEE, subject to obtaining all necessary permits and approvals. All improvements shall
be at LESSEE'S expense and the installation of all improvements shall be at the discretion
and option of the LESSEE subject to site design approval by LESSOR. LESSEE shall
have the right to replace, repair, add or otherwise modify its equipment or any portion
thereof, whether the equipment is specified or not on any exhibit attached hereto, during
the term of this Agreement LESSEE will maintain the Premises in a good condition,
reasonable wear and tear excepted. LESSOR will maintain the Property, but excluding the
Premises, in good condition, reasonable wear and tear excepted. It is understood and
agreed that LESSEE'S ability to use the Premises is contingent upon its obtaining after the
execution date of this Agreement all of the certificates, permits and other approvals
(collectively the "Governmental Approvals") that may be required by any Federal, State or
Local authorities, including all land use permits required by the City of Arroyo Grande
which will permit LESSEE use of the Premises as set forth above. LESSOR shall
cooperate with LESSEE in its effort to obtain such approvals. In the event that any of
Governmental Approvals should be finally rejected or any Govemmental Approval issued
z
to LESSEE is canceled, revoked, expires, lapses, or is otherwise withdrawn or terminated
by governmental authority, or soil boring tests are found to be unsatisfactory so that
LESSEE in its reasonable discretion will be unable to use the Premises for its intended
purposes, LESSEE shall have the right to terminate this Agreement. Notice of the
LESSEE'S exercise of its right to terminate shall be given to LESSOR in writing by certified
mail, return receipt requested, and~shall be effective upon the mailing of such notice by the
LESSEE. All rentals paid to said termination date shall be retained by the LESSOR. Upon
such termination, this Agreement shall be of no further force or effect except to the extent
of the representations, warranties and indemnities made by each party to the other
hereunder. Otherwise, all the Parties shall have no further obligations including the
payment of money, to each other.
7. TAXES. LESSEE shall pay any personal property taxes assessed on, or any
portion of such taxes attributable to, LESSEE' s communications facility or use and
occupancy of the Property. LESSOR shall pay when due all real property taxes and all
other fees and assessments attributable to the Premises. LESSEE shall pay, as additional
rent, any increase in real property taxes levied against the Property which is attributable to
LESSEE' s use of the Property upon production of documentary proof of such increase to
LESSEE. Either Party to this Agreement may timely file a protest with the appropriate
taxing authority, and Lessor consents to Lessee's intervention and timely protest with the
appropriate taxing authority. The Parties will reasonably cooperate with each other with
information regarding the relative valuation of their property and allow each other to
participate in any proceeding related to the tax protest. LESSEE shall indemnify, defend
and hold LESSOR harmless from and against any damage or loss arising out of or in any
way attributable to LESSEE's tax protest with the respective taxing authority. In the event
one Party fails to comply with the requirement to pay taxes or any other legal requirement
and that noncompliance interferes with the other Party's rights under this Agreement, the
compliant Party will have the right after ten (10) days written notice to the noncompliant
Party to takes steps necessary to effect compliance. All costs and expenses incurred by
the compliant Party in effecting compliance will be either charged to the LESSEE, in the
event the LESSEE is the noncompliant Party, or offset against me Rent in the event the
LESSOR is the noncompliant Party.
8. INDEMNITY: INSURANCE: (a) Indemnity. This Agreement is made upon the
express condition that LESSEE shall indemnify, defend, keep and save harmless
LESSOR, and its directors, officials, officers, agents and employees against any and all
suits, claims or actions, and any losses, costs or damages, including reasonable attorneys'
fees, arising out of any injury or injuries to, or death or deaths of, persons or damage to
property that may occur, or that may be alleged to have occurred, from any cause or
causes whatsoever, in any way resulting from LESSEE'S negligent use or occupancy of
the Premises during the term of this Agreement, including any extension term or during
any holdover tenancy thereof, except to the extent caused by the proven negligence or
willful misconduct of LESSOR, its Councilmembers, officers, agents and employees.
(b) Insurance.
LESSEE shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit "D" attached hereto and
incorporated herein as though set forth in full.
3
9. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained
herein, and provided LESSEE is not in default hereunder and shall have paid all rents and
sums due and payable to the LESSOR by LESSEE, LESSEE shall have the right to
terminate this Agreement upon the annual anniversary of this Agreement provided that six
(6) months prior notice is given the LESSOR.
10. INTERFERENCE. LESSOR agrees that LESSOR and/or any other tenants of the
Property who currently have or in the future take possession of the Property will be
permitted to install only such radio equipment that is of the type and frequency, which will
not cause measurable interference to the existing equipment of the LESSEE.
(a) LESSEE shall construct, maintain and operate the Premises and improvements
thereon in such a manner that will not cause interference to LESSOR including, but not
limited to, LESSOR'S re-broadcaster for its fire, police and other public safety
departments, and other lessees or licensees of the Property. All operations by LESSEE
shall be in compliance with all Federal Communications Commission ("FCC") requirements
and all applicable laws.
(b) Subsequent to LESSEE'S construction, installation and operation of improvements in
the Premises, LESSOR shall not permit itself; its lessees or licensees to install new
equipment on the Property contiguous thereto owned or controlled by LESSOR, if such
equipment will cause interference with LESSEE'S operations. In the event interference
occurs, LESSOR agrees to take all reasonable steps necessary to eliminate such
interference, in a reasonable time period. Notwithstanding anything herein to the contrary,
in the event LESSOR fails to comply with this Section 10, LESSEE'S sole remedy is to
terminate this Agreement.
11. REMOVAL UPON TERMINATION. LESSEE, upon termination of the Agreement,
shall, within ninety (90) days, remove its building(s), antenna installation(s) (except
footings), fixtures and all personal property and otherwise restore the Premises to its
original condition, reasonable wear and tear and casualty excepted. LESSOR agrees and
acknowledges that all of the equipment, fixtures and personal property of the LESSEE
shall remain the personal property of the LESSEE and the LESSEE shall have the right to
remove the same, whether or not said items are considered fixtures and attachments to
real property under applicable law. If such time for removal causes LESSEE to remain on
the Premises after termination of this Agreement, LESSEE shall pay rent at the then
existing monthly rate or on the existing monthly pro-rata basis if based upon a longer
payment term, until such time as the removal of the building, antenna structure, fixtures
and all personal property are completed.
12. RIGHTS UPON SALE. Should the LESSOR, at anytime during the term of this
Agreement, decide to sell all or any part of the Property to a purchaser other than
LESSEE, such sale shall be under and subject to this Agreement and LESSEE'S rights
hereunder, and any sale by the LESSOR of the portion of this Property underlying the
right-of-way herein granted shall be under and subject to the right of the LESSEE in and to
such right-of-way.
13. QUIET ENJOYMENT: LESSOR covenants that LESSEE, on paying the rent and
performing the covenants shall peaceably and quietly have, hold and enjoy the Premises.
4
14. TITLE. LESSOR covenants that LESSOR is seized of good and sufficient title and
interest to the Property and has full authority to enter into and execute this Agreement
LESSOR further covenants that there are no other liens, judgments or impediments of title
on the Property or affecting LESSOR'S title to the same and that there are no covenants,
easements or restrictions which prevent the use of the Premises by the LESSEE as set
forth above.
15. INTEGRATION: It is agreed and understood that this Agreement contains all
agreements, promises and understandings between the LESSOR and LESSEE and that
no verbal or oral agreements, promises or understandings shall be binding upon either the
LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition,
variation or modification to this Agreement shall be void and ineffective unless made in
writing and signed by the Parties. In the event any provision of the Agreement is found to
be invalid or unenforceable, such finding shall not affect the validity and enforceability of
the remaining provisions of this Agreement. The failure of either Party to insist upon strict
performance of any of the terms or conditions of this Agreement or to exercise any of its
rights under the Agreement shall not waive such rights and such Party shall have the right
to enforce such rights at any time and take such action as may be lawful and authorized
under this Agreement, either in law or in equity.
i6. GOVERNING LAW. This Agreement and the performance thereof shall be
governed, interpreted, construed, and regulated by the laws of the State in which the
Property is located.
17. ASSIGNMENT. This Agreement may be assigned by the LESSEE without any
approval or consent of the LESSOR to the LESSEE'S lender in connection with a financing
agreement or to its principal, affiliates, subsidiaries of its principal; to any entity which
acquires all or substantially all of LESSEE'S assets in the market defined by the Federal
Communications Commission in which the Property is located by reason of a merger,
acquisition or other business reorganization; or to any entity which acquires or receives an
interest in the majority of communication towers of the LESSEE in the market defined by
the Federal Communications Commission in which the Property is located. If there is a
permitted assignment as described herein, information regarding the type of technology
that will be used by the new lessee shall be submitted to the City Community Development
Department within ten (10) days of such change. As to other parties, this Agreement may
not be sold, assigned, sublet or transferred without the prior written consent of the
LESSOR which consent may be granted or withheld in its sole discretion.
18. NOTICES. All notices hereunder must be in writing and shall be deemed validly
given if sent by certified mail, return receipt requested or by commercial courier, provided
the courier's regular business is delivery service and provided further that it guarantees
delivery to the addressee by the end of the next business day following the couriers
receipt from the sender, addressed as follows (or any other address that the Party to be
notified may have designated to the sender by like notice.
LESSOR: City Manager, City of Arroyo Grande
P.O. Box 550, 214 Ash Street
Arroyo Grande, California 93421
LESSEE: Clearwire US LLC
Attn: Site Leasing
4400 Carillon Point
Kirkland, WA 98033
Telephone: 425-216-7600
Fax: 425-216-7900
With a copy to: Clearwire US LLC
Attention: Legal Department
4400 Carillon Point
Kirkland, WA 98033
Telephone: 425-216-7600
Fax: 425-216-7900
Notice shall be effective upon actual receipt or refusal as shown on me receipt obtained
pursuant to the foregoing.
19. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal
representatives, successors and permitted assigns of the Parties hereto.
20. SUBORDINATION AND NON-DISTURBANCE. At LESSOR'S option, this
Agreement shall be subordinate to any mortgage or other security interest by LESSOR
which from time to time may encumber all or part of the Property or right-of-way, provided,
however, every such mortgage or other security interest shall recognize the validity of this
Agreement in the event of a foreclosure of LESSOR'S interest and also LESSEE'S right to
remain in occupancy of and have access to the Premises as long as LESSEE is not in
default of this Agreement. LESSEE shall execute whatever instruments may reasonably be
required to evidence this subordination clause. In the event the Property is encumbered by
a mortgage or other security interest, the LESSOR immediately after this Agreement is
executed, will obtain and furnish to LESSEE, anon-disturbance agreement for each such
mortgage or other security interest in recordable form. In the event the LESSOR defaults in
the payment and/or other performance of any mortgage or other security interest
encumbering the Property, LESSEE, may, at its sole option and without obligation, cure or
correct LESSOR'S default and upon doing so, LESSEE shall be subrogated to any and all
rights, titles, liens and equities of theholders of such mortgage or security interest and the
LESSEE shall be entitled to deduct and setoff against all rents that may otherwise become
due under this Agreement the sums paid by LESSEE to cure or correct such defaults.
21. RECORDING. LESSOR agrees to execute a Memorandum of this Lease
Agreement which LESSEE may record with the appropriate Recording Officer. The date
set forth in the Memorandum of Lease is for recording purposes only and bears no
reference to commencement of either term or rent payments.
22. DEFAULT. In The event there is a default by the LESSEE with respect to any of
the provisions of this Agreement or its obligations under it, including the payment of rent,
the LESSOR shall give LESSEE written notice of such default. After receipt of such written
notice, the LESSEE shall have fifteen (15) days in which to cure any monetary default and
thirty (30) days in which to cure any non-monetary default, provided the LESSEE shall
have such extended period as may be required beyond the thirty (30) days if the nature of
the cure is such that it reasonably requires more than thirty (30) days and the LESSEE
commences the cure within the thirty (30) day period and thereafter continuously and
diligently pursues the cure to completion. The LESSOR may not maintain any action or
effect any remedies for default against the LESSEE unless and until the LESSEE has
failed to cure the same within the time periods provided in this Paragraph.
23. ENVIRONMENTAL. LESSOR represents that, to the best of LESSOR'S
knowledge, the Premises have not been used for the generation, storage, treatment or
disposal of hazardous materials, hazardous substances or hazardous wastes. In addition,
LESSOR represents that, to the best of LESSOR'S knowledge, no hazardous materials,
hazardous substances, hazardous wastes, or underground storage tanks are located on or
near the Premises. LESSEE will not bring onto or store on the Premises hazardous
materials, hazardous substances or hazardous wastes. Notwithstanding the immediately
preceding sentence, LESSOR and LESSEE acknowledge that LESSEE may be utilizing
and maintaining on the Premises sealed batteries, propane/diesel/gasoline, HVAC system,
and a halon/FM200 fire suppression system and that the use and maintenance of such
items shall not constitute a violation or breach of this paragraph. LESSEE shall be
responsible for and shall indemnify and hold harmless LESSOR from any and all liabilities
and damages, including but limited to removal costs, arising out of any environmental
damage caused by LESSEE.
24. CASUALTY. In the event of damage by fire or other casually to the Premises that
cannot reasonably be expected to be repaired within forty-five (45) days following same or,
if the Property is damaged by fire or other casualty so that such damage may reasonably
be expected to disrupt LESSEE'S operations at the Premises for more than forty-five (45)
days, then LESSEE may at any time following such fire or other casualty, provided
LESSOR has not completed the restoration required to permit LESSEE to resume its
operation at the Premises, terminate this Lease upon fifteen (15) days written notice to
LESSOR. Any such notice of termination shall cause this Lease to expire with the same
force and effect as though the date set forth in such notice were the date originally set as
the expiration date of this Lease and the Parties shall make an appropriate adjustment, as
of such termination date, with respect to payments due to the other under this Lease.
Notwithstanding the foregoing, all rents shall abate during the period of repair following
such fire or other casualty.
25. CONDEMNATION. In the event of any condemnation of the Property, LESSEE
may terminate this Lease upon fifteen (15) days written notice to LESSOR if such
condemnation may reasonably be expected to disrupt LESSEE'S operations at the
Premises for more than forty-five (45) days. LESSEE may on its own behalf make a claim
in any condemnation proceeding involving the Premises for losses related to the antennas,
equipment, its relocation costs and its damages and losses (but not for the loss of its
leasehold interest). Any such notice of termination shall cause this Lease to expire with the
same force and effect as though the date set forth in such notice were the date originally
set as the expiration date of this Lease and the Parties shall make an appropriate
adjustment as of such termination date with respect to payments due to the other under
this Lease.
26. SUBMISSION OF LEASE. The submission of this Lease for examination does not
constitute an offer to lease the Premises and this Lease becomes effective only upon the
full execution of this Lease by the Parties. If any provision herein is invalid, it shall be
considered deleted from this Lease and shall not invalidate the remaining provisions of this
Lease. Each of the Parties hereto warrants to the other that the person or persons
executing this Lease on behalf of such Party has the full right, power and authority to enter
into and execute this Lease on such Party's behalf and that no consent from any other
person or entity is necessary as a condition precedent to the legal effect of this Lease.
27. APPLICABLE LAWS. LESSEE shall use the Premises as may be required or as
permitted by applicable laws, rules and regulations. LESSOR agrees to keep the Property
in conformance with all applicable, laws, rules and regulations and agrees to reasonably
cooperate with the LESSEE regarding any compliance required by the LESSEE in respect
to its use of the Premises.
28. SURVIVAL. The provisions of the Agreement relating to indemnification from one
Party to the other Party shall survive any termination or expiration of this Agreement
Additionally, any provisions of this Agreement which require performance subsequent to
the termination or expiration of this Agreement shall also survive such termination or
expiration.
29. CAPTIONS. The captions contained in this Agreement are inserted for
convenience only and are not intended to be part of the Agreement. They shall not affect
or be utilized in the construction or interpretation of the Agreement.
SIGNATURES TO FOLLOW ON NEXT PAGE
8
IN WITNESS WHEREOF, the parties have caused this Agreement to be effective
as of the first date written above.
CITY OF ARROYO GRANDE CLEARWIRE US LLC
By: By:
Tony Ferrara, Mayor
Attest:
(Title)
Kelly Wetmore, City Clerk
Approved As To Form:
Timothy J. Carmel, City Attorney
9
EXHIBIT A
DESCRIPTION OF PROPERTY
Page _1_ of _1_
to the Agreement dated 2007, by and between City of Arroyo
Grande, a municipal corporation, as Landlord, and Clearwire US LLC, a Nevada limited
liability company, as Tenant
Landlord owns certain property with an address of 1221 Ash Street, Arroyo Grande, CA,
hereinafter identified as the "Property," legally described as follows:
That portion of Lot 106 of the Corral de Piedra, Pismo and Bolsa de Chemical Ranchos, in the City of
Arroyo Grande, County of San Luis Obispo, State of California, according to map surveyed by Jas. T.
Stratton, September, 1873, and filed for a record in Book A, Page 65 of Maps, in the office of the County
Recorder of said County, described as follows:
Beginning at the Southwest comet of ]and described in deed to Conrad Grieb, recorded January 7, 1894
in Book R, Page 404 of Deeds;
Thence West, 34.88 chains;
Thence North, 11 chains 41 %a links;
Thence Past, 34.88 chains;
Thence South, I 1 chains 41 %s links to the point of beginning.
APN: 077,121,004
10
EXHIBIT B
DESCRIPTION OF PREMISES
Page _1_ of _1_
to the Agreement dated , 2007, by and between City of Arroyo
Grande, a municipal corporation, as Landlord, and Clearwire US LLC, a Nevada limited
liability company, as Tenant.
Drawn by: John T. Merritt
4/10/07
1221 ASH STREET, ARROYO GRANDE, CA APN 077-121-004
ASH STREET
I NOT TO SCALE
PROPERTYBOUNDARIES ,
/ NORTH 4
CLEARWII2E 10' X
10' LEASE AREA
:WIliE ACCESS
~N'C, PARKING AND
GENERATOR LOCATION
POWER EASEMENT FROM IGOLDEN WEST PLACE
EXISTING GROUND MOUNTID
TRANSFORMQt
Notes•
1. Tenant may replace this Exhibit with a survey of the Premises once Tenant receives it.
2. The Premises shall be setback from the Property's boundaries as required by the applicable
governmental authorities.
3. The access road's width will be the width required by the applicable governmental authorities, including
police and fire departments.
4. The type, number, mounting positions and locations of antennas and transmission lines are illustrative
only. The actual types, numbers, mounting positions and locations may vary from what is shown above.
5. The locations of any utility easements are illustrative only. The actual locations will be determined by the
servicing utility company in compliance with all local laws and regulations.
11
EXHIBIT "D"
INSURANCE
Prior to the beginning of and throughout the duration of this Agreement, LESSEE will
maintain insurance in conformance with the requirements set forth below. LESSEE will use
existing coverage to comply with these requinements. If that existing coverage does not
meet the requirements set forth here, LESSEE agrees to amend, supplement or endorse
the existing coverage to do so. LESSEE acknowledges that the insurance coverage and
policy limits set forth in this section constitute the minimum amount of coverage required.
Any insurance proceeds available to LESSOR in excess of the limits and coverage
required in this agreement and which is applicable to a given loss, will be available to
LESSOR.
LESSEE shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy from CG 00 01 or the exact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or suits by
one insured against another. Limits are subject to review but in no event less than
$1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage from CA 00 01 including symbol
1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less
than $1,000,000 per accident. If LESSEE or LESSEE'S employees will use personal autos
in any way on this project, LESSEE shall provide evidence of personal auto liability
coverage for each such person.
Fire and Insurance. LESSEE shall maintain a policy of standard fire and extended
coverage insurance on its improvements to the Premises.
Workers Compensation on astate-approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements,
shall provide coverage at least as broad as specified for the underlying coverages.
Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in
addition to policy limits. Policy shall contain a provision obligating insurer at the time
insured's liability is determined, not requiring actual payment by the insured first. Coverage
shall be applicable to LESSOR for injury to employees of LESSEE. The scope of coverage
provided is subject to approval of LESSOR following receipt of proof of insurance as
required herein. Limits are subject to review but in no event less than $1,000,000 per
occurrence.
Insurance procured pursuant to these requirements shall be written by insurer that are
admitted carriers in the state California and with an A.M. Bests rating of A- or better and a
minimum financial size VII.
rz
General conditions pertaining to provision of insurance coverage by LESSEE. LESSEE
and LESSOR agree to the following with respect to insurance provided by LESSEE:
1. LESSEE agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds City, its officials employees and
agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. No
liability insurance coverage provided to comply with this Agreement shall prohibit LESSEE,
or LESSEE's employees, or agents, from waiving the right of subrogation prior to a loss.
LESSEE agrees to waive subrogation rights against LESSOR regardless of the
applicability of any insurance proceeds, and to require all LESSEE to do likewise.
LESSOR agrees to waive subrogation rights against LESSEE regardless of the
applicability of any insurance proceeds, and to require all LESSOR to do likewise.
2. All insurance coverage and limits provided by LESSEE and available or
applicable to this agreement are intended to apply to the full extent of the policies. Nothing
contained in this Agreement or any other agreement relating to the LESSOR or its
operations limits the application of such insurance coverage.
3. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for bodily injury
to an employee of the insured or of any LESSEE or subcontractor.
4. All coverage types and limits required are subject to approval, modification
and additional requirements by the LESSOR, as the need arises. LESSEE shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of
discovery period) that may affect LESSOR's protection without LESSOR's prior written
consent.
5. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an additional insured
endorsement to LESSEE'S general liability policy, shall be delivered to LESSOR at or prior
to the execution of this Agreement. In the event such proof of any insurance is not
delivered as required, or in the event such insurance is canceled at any time and no
replacement coverage is provided, LESSOR has the right, but not the duty, to obtain any
insurance it deems necessary to protect its interests under this or any other agreement
and to pay the premium. Any premium so paid by LESSOR shall be charged to and
promptly paid by LESSEE or deducted from sums due LESSEE, at LESSOR'S option.
6. Certificate(s) are to reflect that the insurer will provide 30 days notice to
LESSOR of any cancellation of coverage. LESSEE agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the insurer to mail
written notice of cancellation imposes no obligation, or that any party will "endeavor" (as
opposed to being required) to comply with the requirements of the certificate.
7. It is acknowledged by the parties of this agreement that all insurance
coverage required to be provided by LESSEE is intended to apply first and on a primary,
noncontributing basis in relation to any other insurance or self insurance available to
13
LESSOR.
8. The LESSOR reserves the right at any time during the term of the contract to
change the amounts and types of insurance required by giving the LESSEE ninety (90)
days advance written notice of such change. If such change results in substantial
additional cost to the LESSEE, the LESSOR will negotiate additional compensation
proportional to the increase benefit to LESSOR.
9. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any steps that
can be deemed to be in furtherance of or towards performance of this Agreement.
10. LESSEE acknowledges and agrees that any actual or alleged failure on the
part of LESSOR to inform LESSEE of non-compliance with any insurance requirements in
no way imposes any additional obligations on LESSOR nor does it waive any rights
hereunder in this or any other regard.
11. LESSEE will renew the required coverage annually as long as LESSOR, or
its employees or agents face an exposure from operations of any type pursuant to this
agreement. This obligation applies whether or not the agreement is canceled or terminated
for any reason. Termination of this obligation is not effective until LESSOR executes a
written statement to that effect.
12. LESSEE shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been ordered
shall be submitted prior to expiration. A coverage binder or letter from LESSEE's insurance
agent to this effect is acceptable. A certificate of insurance as required in these
specifications applicable to the renewing or new coverage must be provided to LESSOR
within five days of the expiration of the coverages.
13. The provisions of any workers' compensation or similar act will not limit the
obligations of LESSEE under this agreement.
14. Requirements of specific coverage features or limits contained in this section
are not intended as limitations on coverage, limits or other requirements nor as a waiver of
any coverage normally provided by any given policy. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a given issue, and is
not intended by any party or insured to be limiting orall-inclusive.
15. These insurance requirements are intended to be separate and distinct from
any other provision in this agreement and are intended by the parties here to be
interpreted as such.
16. The requirements in this Section supersede all other sections and provisions
of this Agreement to the extent that any other section or provision conflicts with or impairs
14
the provisions of this Section.
17. LESSEE agrees to provide immediate notice to LESSOR of any claim or loss
against LESSEE arising out of the work performed under this agreement. LESSOR
assumes no obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve LESSOR.
is
8.g.
MEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
SUBJECT: CONSIDERATION OF APPOINTMENTS TO ARCHITECTURAL
REVIEW COMMITTEE AND HISTORIC RESOURCES
COMMITTEE
DATE: AUGUST 14, 2007
RECOMMENDATION:
It is recommended the City Council approve the recommendation of Mayor Pro
Tem Arnold to appoint Fred Baur to the Architectural Review Committee,
replacing Gary Scherquist; and Gary Scherquist to the Historic Resources
Committee, replacing Gordon Bennett, effective October 1, 2007.
FUNDING:
There is no fiscal impact from this action.
DISCUSSION:
On January 14, 1997, the City Council adopted Ordinance No. 481 amending the
composition of applicable Commissions and Boards from seven to five members
and also adopted Resolution No. 3192 establishing Council policy as it relates to
the appointment procedure to the Boards and Commissions. The Ordinance
states that the Mayor and each respective .member of the Council shall appoint a
representative to the various Commissions and Boards subject to the approval by
a majority vote of the Council. All Commission and Board members serve at the
pleasure of the Council.
Recently, a vacancy occurred on the Architectural Review Committee (ARC)
when Gary Scherquist resigned due to the relocation of his residence outside the
City limits. A vacancy on the Historic Resources Committee (HRC) also occurred
due to the resignation of Gordon Bennett. Both were appointees of Mayor Pro
Tem Arnold.
Mayor Pro Tem Arnold has recommended Fred Baur be appointed to the ARC
and Gary Scherquist be appointed to the HRC. Mr. Scherquist is eligible to serve
on the HRC because residency within the City is not required. The application
forms for each applicant are attached. Mr. Scherquist has expressed an interest
CITY COUNCIL
APPOINTMENTS TO ARC AND HRC
AUGUST 14, 2007
PAGE 2
in remaining on the ARC through September. Therefore, the appointments
would become effective October 1, 2007.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
Approve the recommended appointments;
Do not approve the recommended appointments;
Provide direction to staff.
Attachments:
1. Fred Baur application form
2. Gary Scherquist application form
S:\Administration\CITY MANAGER\STEVE\Council Reports\Commission Appointments 8.14.07.doc
CITY OF ARROYO GRANDE
RESERVOIR P~ ~;~~IZENS TO SERVE
C'IiY Cr= Ai',t0Y0 Gi;C,~E
Planning Commission
Parks and Recreation Commissioro~ AUG -7 AH 9~ 32 /
Traffic Commission Years Lived in Arroyo Grande.J~
Senior Advisory Commission Registered Voter f Arroyo Grande
_~ Architectural Review Committee Yes ~ No
Special Committees (Lon~,Range Planning Committee, etc.)
NAME
HOME
PRESENT EMPLOYER ~ POSITION
BUSINESS
EDUCATIONAL BACKGROUND
Hioh School r~~ College ~A2, ~/Y
ADDITIONAL EDUCATIONAL INFORMATION
COMMUNITY AND CIVIC INTERESTS
The City Council would like to have the names of three (3) Arroyo Grande References:
NAME ADDRESS
2. ~D ~~~~
ARE YOU WILLING TO SERVE ON THE COMMISSIONICOMMITTEE MEETING TIMES SHOWN BELOW:
Planning Commission, First and Third Tuesday of each month, 7:00 PM Yes- No_
Parks and Recreation Commission, Second Wednesday of each month, 6:30 PM Yes-No
Traffic Commission, the day (Monday) before the third Tuesday of each month, 7:00 PM Yes-No_
Senior Advisory Commission, First Wednesday of each month, 3:00 PM Yes-No-
Architectural Review Co mittee First Monday of each month, 3:15 PM YeS~ No_
Special Committegs{lq f~ Range Planning Committee, etc.) Meeting dates vary Yes-No-
The Arroyo GrailAe City Council requests information about your interest (and education, if applicable), in serving on a
commission or committee, specifically your comments and views relative to the role and responsibilities of the Planning
Commission, Parks and Recreation Commission, Traffic Commission, Senior Advisory Commission, Architectural Review
Committee or a Special Committee. Please note such information on the reverse side of this form. Thank you for your
interest.
THIS FORM IS A MATTER OF PUBLIC RECORD
IF APPOINTED. COMPLETION OF A STATE CONFLICT OF INTEREST FORM IS REQUIRED
04102/01
CITY OF ARROYO GRANDE
RESERVOIR OF CITIZENS TO SERVE
Planning Commission
Parks and Recreation Commission
Traffic Commission
Senior Advisory Commission
Architectural Review Committee
Downtown Parking Advisory Board
Years Lived in Arroyo Grande ~
Ol JUL 16 AM 7~ ~ 2 Registered Voter of Arroyo Grande
Yes ~_ No
(must own business in the Village area)
~~ Historical Resources Committee .
Special BoardslCommittees (varies) ;
NAME ~l~~' ~'.' `JLst"~~ y`~5 ~ ~ N'~/-:
_ ... ..
HOME '-A1 :~ v~
ADDRESS ~ PHONE
\\
PRESENT EMPLOYER ~ POSITION
BUSINESSADDRESS- ~~~ PHONE
EDUCATIONAL BACKGROUND
Hitltt School ~=~3~-1->,'~l ~r~(o~- , ~ .H, College \~ ~ ~ ~ ~ r
ADDITIONAL EDUCATIONAL INFORMATION ~_~Ct~2tt:~~~ , ; ~~ . ~~~~~
,
~G.
ARE YOU WILLING TO SERVE ON THE COMMISSIONICOMMITTEEIBOARDMEETING TIMES SHOWN BELOW:
Planning Commission, First and Third Tuesday of each month, 6:00 PM ~ Yes _No_
Parks and Recreation Commission, Second Wednesday of each month, 6:30 PM Yes _No_
Traffic Commission, the day (Monday) before the third Tuesday of each month, 7:00 PM Yes _No_
Senior Advisory Commission, First Wednesday of each month, 3:00 PM Yes _No_
Architecturat Revi Committee First Mo day of each month, 3:15 PM Yes _No_
Downtown Parkin A visory Board M as needed Yes _No_
Historical Reso s ommittY~ Q!u rt ly meetings anticipated Yes~No_
Special Board C ittees ( ri ) ~1 , Yes _No_
The Arroyo Grande CI Council requests ortnation alwut your Interest (and education, if applicable), in serving on a commission or
committee, specMl y your comments nd views relative to the role and responstbilitles of the Planning Commission, Parks and
RecreaWn Commies on, Treftic Commissbn, Senior Advisory Commission, Architectural Review Committee, Historical Resources
Committee, or a Special BoardfCommittee. Please note such Informa0on on the reverse side of this forth. Thank you for your Interest
THIS FORM IS A MATTER OF PUBLIC RECORD
IF APPOINTED. COMPLETION OF A STATE CONFLICT OF INTEREST FORM IS REQUIRED
3/2005
The City Council would like to have the names of three (3) Arroyo Grande References: ,
I have been a licensed architect in the State of California since 1965. I established my
private practice in 1971, in Los Angeles, CA. In 19871 purchased a historic home in
Pasadena, CA, designed by the Pasadena architect Sylvanus Marston (1883-1946). The
house was built in 1909 and by 1987 was in need of restoration. I have always had an
interest in history and restoration of this house began my passion for historic
preservation.
,.;. .
~,.
In 1988 I was appointed to the City of Pasadena's Cultural Heritage Commission (now ...
called the Historic Preservation Commission} where I served for 5 Yz years. One yeaz as
Chair. During my tenure on the CHC I was the Commission's representative on the
City's Design Commission. Later I left the CHC and moved to the Design Commission.
I have served the City of Arroyo Grande on the Architectural Review Committee for the
past 2 ~/z years.
In practice I have been the restoration architect on Craftsman, Victorian and
Mediterranean homes. In Arroyo Grande I was the restoration Architect for Ruby's
house at Heritage Square /Village Green and I was.the architect for the rehabilitation and
addition to the home at 224 Short Street in the Village.
I am a member or the following organizations;
South County Historical Society
Pasadena Heritage
The Los Angeles Conservancy
The National Trust for Historic Preservation
*On or about September 1° my wife and I will be relocating to~Corralitos Canyon
Road, Arroyo Grande, CA. This is just outside the City Limit and, therefore, I will be
stepping down from the ARC.
9.a.
CITY OF ARROYO GRANDE
CITY COUNCIL
NOTICE OF PUBLIC HEARING
On TUESDAY, AUGUST 14, 2007, the Arroyo Grande City Council will conduct a public
hearing at 7:00 P.M. in the COUNCIL CHAMBERS, 215 E. BRANCH STREET to
consider the following item:
1. Consideration of a Resolution Designating a Portion of Elm Street Park as
an Off Leash Pet Area and Approval of a Memorandum of Understanding
with the Five Cities Dog Park Association.
The City Council may also discuss other hearings or business items before or after the
item listed above. If you challenge the proposed action 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.
Information about this project is available by contacting the Community Development
Department at 473=5420. The City Council meeting will be televised live on Charter
Cable Channel 20.
~~~ wuu4-t.~.co~
Kelly Wetmore, Ity Clerk
(Publish 1 T, The Tribune, friday, August 3, 2007)
MEMORANDUM
TO: CITY COUNCIL
FROM: DOUG PERRIN, (RECTOR OF PARKS, RECREATION AND
FACILITIES ~-~,
SUBJECT: CONSIDERATION OF RESOLUTION DESIGNATING A PORTION OF
ELM STREET PARK AS AN OFF-LEASH PET AREA, APPROVAL OF A
MEMORANDUM OF UNDERSTANDING WITH THE FIVE CITIES DOG
PARK ASSOCIATION AND AUTHORIZATION FOR THE CITY
MANAGER TO APPROVE MINOR CHANGES TO THE MOU
DATE: AUGUST 14, 2007
RECOMMENDATION:
The Parks and Recreation Commission and staff recommends the City Council: 1)
approve a Resolution designating a portion of Elm Street Park, between the pump
stations and the southern boundary of the property for an off-leash pet area ("Dog
Park"); 2) approve a Memorandum of Understanding ("MOU") with the Five Cities Dog
Park Association ("FCDPA"); and 3) authorize the City Manager to approve minor
changes to the MOU determined beneficial to the design and operation of the Dog Park.
FUNDING:
No funding is required at this time. There will be some expenditure of staff time and
resources for maintenance.
DISCUSSION:
Background
The City has been in discussions with representatives of the FCDPA to identify a site for
a dog park in Arroyo Grande. With over 200 (105 in Arroyo Grande) members, the
FCDPA mission "is to create a local off-leash park for dogs and their owners." In
addition, their goals include promotion of responsible dog ownership, spay-neuter
programs, dog licensing, adoption and vaccinations. According to FCDPA statistics,
there are over 1,900 registered dogs in Arroyo Grande, yet there is no space
designated for owners to recreate with their dogs. The FCDPA has 501 c3 non-profit
status under the umbrella of the San Luis Obispo Parks, Open Space & Trails
Foundation (SLOPOST). If provided an adequate site, the FCDPA has offered to
design, raise funds and construct a Dog Parkin Arroyo Grande.
At one time, the FCDPA was unofficially using the Costa Bella detention basin in Grover
Beach as a Dog Park. However, the City of Grover Beach rejected the site as a Dog
Park and in February 2006 started citing owners of off-leash animals.
CITY COUNCIL
CONSIDERATION OF RESOLUTION DESIGNATING A PORTION OF ELM STREET
PARK AS AN OFF-LEASH PET AREA, APPROVAL OF AN MOU WITH FIVE CITIES
DOG PARK ASSOCIATION AND AUTHORIZATION FOR THE CITY MANAGER TO
APPROVE MINOR CHANGES TO MOU
AUGUST 14, 2007
PAGE 2
In late 2006, the retention basin owned by the City of Arroyo Grande, located at 1420
South Elm Street in Oceano, was identified by staff as a possible site for a Dog Park. At
its January 10, 2007 meeting, the Parks and Recreation Commission considered a
proposal from the FCDPA to put an off-leash pet area on the site. The Commission
voted unanimously to approve in concept the proposal, pending review and approval of
a Memorandum of Understanding between the City of Arroyo Grande and the FCDPA.
Staff prepared a lease agreement and requested at its April 11, 2007 meeting the Parks
and Recreation Commission provide feedback and a recommendation to the City
Council. At that meeting, the Commission unanimously chose not to make a
recommendation to the City Council pending further investigation of a cooperative
arrangement between the City of Arroyo Grande, the County of San Luis Obispo, and
the Five Cities Dog Park Association regarding dog park location issues, primarily
involving insurance and liability. In addition, the Commission recommended staff and
the Five Cities Dog Park Association study other potential sites.
As a result, staff met with representatives from San Luis Obispo County, the Oceano
Community Services District and the Five Cities Dog Park Association and determined
the South Elm Street basin site would be difficult to develop due to water, maintenance,
jurisdiction, supervision and liability issues. Subsequently, FCDPA representatives and
staff have identified an alternative preferred site at the south end of Elm Street Park,
between the pump stations and the apartments. The site is an area of the park that is
not actively used and neither the Parks nor Public Works Departments have objections
to the location.
FCDPA representatives solicited input and distributed a letter (Attachment 2) to
residents of the apartment complex adjacent to the park. Those residents were invited
to attend the June 13, 2007 Parks and Recreation Commission meeting. At the meeting
no residents spoke against the Dog Park. During the meeting, the Parks and Recreation
Commission recommended the City Council designate the southern end of Elm Street
Park as a Dog Park and directed staff to develop a Memorandum of Understanding
(MOU) with the Five Cities Dog Park Association for consideration by the City Council.
Memorandum of Understandino
Legal counsel, staff and representatives of the FCDPA have negotiated an MOU
(Attachment 1) for the City Council's consideration. The MOU identifies the area of Elm
Street Park to be designated as a Dog Park and specifies that at their sole cost the
FCDPA agrees to construct and install landscaping, fencing, signage, gates, sanitary
mitt/bag dispensers, and other improvements. Dog Park design and rules of operation
are included to meet California Joint Powers Insurance Authority (CJPIA) standards.
According to CJPIA staff, there is no additional cost to the City for owning or operating a
dog park unless there is a paid claim. The CJPIA insures several dog parks and to date
has paid no claims associated with the operation of those facilities.
cITY couNCIL
CONSIDERATION OF RESOLUTION DESIGNATING A PORTION OF ELM STREET
PARK AS AN OFF-LEASH PET AREA, APPROVAL OF AN MOU WITH FIVE CITIES
DOG PARK ASSOCIATION AND AUTHORIZATION FOR THE CITY MANAGER TO
APPROVE MINOR CHANGES TO MOU
AUGUST 14, 2007
PAGE 3
Staff was opposed to accepting liability of the South Elm Street retention basin site
because it is not a facility maintained or monitored by City staff. While the Dog Park will
primarily be overseen and cleaned by the FCDPA, staff is not opposed to accepting
liability for the Elm Street Park site because there will be staff on site to monitor its use
and maintenance.
Issues
The primary disadvantage of this site is the lack of available parking. Although there are
thirty-five (35) spaces in the Elm Street Park parking lot, they are often filled with
vehicles from preschool, tennis and softball participants. Based on the standard twenty-
two feet (22') per vehicle, there is space for twenty-six (26) vehicles along Elm Street
Park, on South Elm Street between Ash Street and Fair Oaks Avenue.
There is also currently no ADA access to the Dog Park site. However, FCDPA
representatives are proposing construction of a pathway from South Elm Street to the
proposed Dog Park and to the Elm Street Community Center.
Lastly, some residents in the adjacent apartment complex may have concerns about the
hours of operation and potential noise from barking dogs. Staff and FCDPA
representatives will attempt to restrict hours of operation to minimize the impact on the
residents.
Notification
All property owners within three hundred feet (300') of Elm Street Park and all residents
of the apartments adjacent to the proposed site were notified by mail of the public
hearing.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
Approve the Parks and Recreation Commission and staff recommendation to
1) designate the proposed area of Elm Street Park as a dog park, 2) approve
the MOU with the Five Cities Dog Park Association; and 3) authorize the City
Manager to approve minor changes to the MOU;
Do not approve the Parks and Recreation Commission's recommendation;
Direct staff to identify other alternative sites;
Direct staff to further pursue use of the South Elm Street retention basin as a
Dog Park and agree to accept liability;
Modify staffs recommendations and approve;
Provide direction to staff.
clnr couivclL
CONSIDERATION OF RESOLUTION DESIGNATING A PORTION OF ELM STREET
PARK AS AN OFF-LEASH PET AREA, APPROVAL OF AN MOU WITH FIVE CITIES
DOG PARK ASSOCIATION AND AUTHORIZATION FOR THE CITY MANAGER TO
APPROVE MINOR CHANGES TO MOU
AUGUST 14, 2007
PAGE 4
Attachments:
1. Memorandum of Understanding with the Five Cities Dog Park Association.
2. Letter from the Five Cities Dog Park Association to residents of the apartment
complex adjacent to Elm Street Park.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE DESIGNATING A PORTION OF
ELM STREET PARK AS AN OFF LEASH PET AREA
WHEREAS, the City of Arroyo Grande ("City") owns and operates a public City park
(the "Park") commonly known as the Elm Street Park located at 1420 South Elm Street;
and
WHEREAS, the City Council finds that it is in the best interests of the City and the
community to designate a portion of the Park as an off leash pet area in order to
establish a Dog Park facility.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Arroyo
Grande hereby designates that portion of the Elm Street Park as depicted in Exhibit "A,"
attached hereto and incorporated herein by this reference, as an off leash .pet area,
which is to be utilized for a Dog Park and subject to rules and regulations set forth by
the City. If adopted, this Resolution shall become effective immediately.
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 , 2007.
RESOLUTION NO.
PAGE 2
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
EXHIBIT "A"
ATTACHMENT1
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (hereinafter "MOU") is made and entered
this _ day of , 2007 by and between the City of Arroyo Grande, a
Municipal Corporation of the State of California (hereinafter the "City") and the
Five Cities Dog Park Association, a 501 c3 non-profit for public benefit
(hereinafter "FCDPA").
WHEREAS, City is owner and operator of certain real property (the "Property")
commonly known as Elm Street Park, which is located at 350 South Elm Street in
the City of Arroyo Grande, County of San Luis Obispo, State of California; and
WHEREAS, on August 14, 2007 the City Council officially designated and
reserved a portion of Elm Street Park, between the pump stations and the
southern boundary of the Property as generally depicted in Exhibit "A" attached
hereto as an off-leash pet area (the "Dog Park); and
WHEREAS, the FCDPA is a duly organized community volunteer organization
committed to establishing off leash recreation within the five cities area,
including, but not limited to, construction, ~iperation and maintenance of dog
parks; and
WHEREAS, the FCDPA desires to provide assistance with the services indicated
above for the Dog Park, consistent with the terms and conditions set forth herein.
NOW THEREFORE, in consideration of the mutual covenants and conditions set
forth herein, the receipt and sufficiency of which is hereby acknowledged, the
Parties agree as follows:
TERMS AND CONDITIONS
Section 1. Term ~ Termination. This MOU shall remain in full force and effect
in perpetuity unless terminated by any of the following:
(a) Ninety (90) days prior written notice
termination of this MOU;
(b) Ninety (90) days prior written notice
termination of this MOU;
(c) Breach of the terms and conditions of this
(d) Dissolution of FCPDA.
by City to FCDPA of
by FCDPA to City of
MOU by FCDPA; and
Section 2. Use of Dog Park by FCDPA. City agrees to allow FCDPA to
improve, use and operate the Dog Park as described below pursuant to the
terms, conditions and obligations set forth herein. The parties understand,
acknowledge and agree that the '.Dog Park is part of an active City park, owned
by the City and operated for the benefit of the general public.
Section 3. Services, Improvements, and Design.
(a) Services. At FCDPA's sole cost, FCDPA agrees to provide services for
the Dog Park which include, but are not limited to:
1. Monitoring the Dog Park daily;
2. Ongoing maintenance of all improvements in the Dog Park;
3. Assist with management and enforcement of all rules and
regulations imposed on the Dog Park by City and FCDPA; and
4. Such other services as determined to be necessary or
appropriate by City for the safe and orderly operation of the Dog
Park.
(b) Improvements. At FCDPA's sole cost, FCDPA agrees to improve the
Dog Park as follows consistent with Sections 3(c) and 3(d) below:
1. Construction and installation of
gates, bulletin board, sanitary
similar improvements designed
enjoyment of the Dog Park, al
approval;
landscaping, fencing, signage,
mitt/bag dispensers and other
to be conducive for the safe
I subject to City's prior written
(c) Dog Park Design. The following design criteria shall be considered
and utilized by FCDPA for all improvements to the Dog Park:
The Dog Park shall be designed with input from residents and
public safety personnel to ensure a variety of issues are
discussed, vetted and resolved, prior to design and construction
of any improvements.
Dog park design should include the following features:
i. A sufficient number of secured trash
receptacles to prevent the accumulation of litter
and dog waste in and around the Dog Park.
ii. Fencing installed around the Dog Park to
prevent children from running into the area and
to separate park users, spectators or passersby
from the dogs.
iii. The fencing should have spacing close enough
to keep small dogs from escaping.
iv. Fencing installed shall divide the park into two
distinct areas (large/small dog sub-areas) so
that dogs may be separated based on weight.
The weight limit division should be 25 lbs. City
and FCDPA shall jointly determine under what
circumstances the large/small dog sub-areas
shall be used.
v. A double gate system for both weight limit areas
should be installed.
vi. A water trough or facility for dogs, placed on a
grooved concrete pad to avoid slippery and
muddy areas, should be considered.
(d) Permits and Prior Approval. Prior to beginning of any construction of
improvements described above in the Dog Park, FCDPA shall obtain any and all
permits and approvals from the City and any other local, State or Federal
agency, including City's prior written approval of a comprehensive improvement
and landscaping plan. Prior to the construction of any improvements in the Dog
Park The FCDPA shall furnish, prior to construction, the names and addresses of
all persons who will be on the premises of the Dog Park who will be working on
the project. All said persons must sign a "Release, Hold Harmless, Indemnity and
Agreement" prior to the commencement of any construction.
Section 4. Dog Park Operation. The FCDPA and the City shall adopt and
enforce rules and regulations governing the Dog Park consistent with the
following terms. The rules and regulations shall be first approved in writing by
City's Director of Parks, Recreation and Facilities.
(a) The Dog Park is to be used solely by dog owners and their dogs
for canine exercise and recreation only. All other activities shall be prohibited
unless authorized by the City.
(b) The Dog Park shall be posted with signs giving reasonable notice
to any person using the Dog Park. All signage shall be approved in writing by the
City. Signs should contain the following rules:
• Dog owners using the Dog Park are using it at their own risk.
• The City is not responsible for injuries to owners and dogs or
illnesses dogs may contract from other dogs.
• The City reserves the right to eject anyone from the Dog Park
at any time for any reason.
• Adults must accompany children under the age of 14.
• Leashed dogs are not permitted within the Dog Park.
• Dog Park hours are to (as determined and
agreed to by the parties).
• Dogs must never be left unattended.
• All Dogs must wear a current license and vaccination tags.
• Unruly dogs are not allowed.
• Female dogs in heat are not allowed.
• If applicable, dogs are not allowed in the area that is not designated
for their weight class.
• Dog owners must clean up after their dog(s).
• Owners must stop their dog(s) from digging; any holes created
must be promptly filled by the owner of the dog(s).
• No alcohol or drug use is permitted on the Property, including the
Dog Park.
• Unauthorized equipment, obstacles, or apparatus are not allowed in
the designated Dog Park.
• No food or eating is allowed in the Dog Park.
• Glass containers are not allowed in the Dog Park.
• Special events or contests are not allowed in the Dog Park without
first obtaining written authorization from the City.
• No choke chains or pronged collars
(c) Weekly maintenance inspections shall be conducted and
documented by FCDPA. Any deficiencies or problems reported by the public
shall be documented and reported to the City. All repairs shall be completed in a
timely fashion. The affected portion of the Dog Park should be closed when
necessary until repairs can be completed or appropriate warning signs are set in
place. All repairs shall be documented. Records should be maintained in one
location for at least five (5) years.
(d) All dog waste, excessive leaves, and trash shall be removed on a
regular basis.
(e) There shall be no charge for admission to the Dog Park.
Section 5. City's Rights and Obligations.
(a) Without waiving any rights it may have, the City reserves the right to
remove Dog Park amenities (such as benches, water fountains or landscaping), if
deemed necessary to protect the public health, safety or welfare;
(b) The City shall provide and pay for the necessary utilities including
water, garbage and electrical services.
(c) The City reserves the right to modify the use the Dog Park in its sole
discretion.
(d) City shall have the right to close a portion of or the entire Dog Park to
allow for maintenance or repair as deemed necessary and shall provide notice of
such closure to FCDPA and the public.
Section 6. Indemnity.
(a) To the fullest extent permitted by law, FCDPA shall indemnify, defend and
hold harmless City, and any and all of its employees, officials and agents from
and against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses,
expenses or costs of any kind, whether actual, alleged or threatened, including
~`
attorneys fees and costs, court costs, interest, defense costs, and expert witness
fees), where the same arise out of, are a consequence of, or are in any way
attributable to, in whole or in part, the performance of this MOU by FCDPA,
excluding the willful misconduct or proven negligence of City. This obligation of
FCDPA to indemnify and defend and hold harmless City as set forth here is
binding on the successors, assigns or heirs of FCDPA and shall survive the
termination of this MOU.
(b) The FCDPA, its Directors, Officers, Agents, Employees, Members and
Volunteers shall not have any possesory interest in the Dog Park.
(c) Except as otherwise specified herein, the FCDPA shall not have any
responsibility, legal or otherwise, for the activities of the general public and
canines at the Dog Park.
Section 7. FCDPA Capacity. FCDPA is and shall at all times remain as to the
City, wholly independent. The personnel performing the services under this MOU
on behalf of FCDPA shall at 811 times be under FCDPA's exclusive direction and
control. Neither City nor any of its officers, employees, or agents shall have
control over the conduct of FCDPA or any of FCDPA's officers, employees, or
agents, except as set forth in this MOU. FCDPA shall not at any time or in any
manner represent that it or any of its officers, employees, or agents are in any
manner officers, employees, or agents of the City. FCDPA shall not incur or have
the power to incur any debt, obligation, or liability whatever against City, or bind
City in any manner.
Section 8. Binding on Assigns. This MOU shall be binding upon, and shall
inure to the benefit of, each party and its Directors, Officers, Officials, Agents,
Employees, former Employees, Members, Volunteers, successors and assigns,
and all persons or entities acting by, through, under or in concert with them.
Section 9. Entire Agreement. This MOU constitutes the entire agreement
between the parties pertaining to the subject matter contained herein, and
supersedes any and all prior or contemporaneous agreements, representations,
or understandings of the parties.
Section 10. Notices. Any notices, requests and demands made by the City
and/or the FCCDP regarding the Dog Park and this MOU shall be directed as
follows:
To the City: City of Arroyo Grande
Attn: Doug Perrin
Director of Parks, Recreation and Facilities
PO Box 550
Arroyo Grande
To the FCDPA: Five Cities Dog Park Association
P.O. Box 61
Pismo Beach, Ca 93448
Section 11. Amendment. No supplement, alteration, variation, modification, or
amendment of this MOU shall be binding, unless agreed upon in writing by both
parties.
Section 12. Attorney's Fees. Notwithstanding any contrary provisions contained
herein, and to provide for enforcement of this MOU, the parties reserve to
themselves the right to initiate and to pursue any legal action necessary to
enforce the terms of this MOU. In the event of legal action, the prevailing party
shall be entitled to recover from the non-prevailing party reasonable attorneys'
fees and costs and expenses actually incurred, in addition to any other relief the
court deems just and proper.
Section 13. Governing Law. The terms of this Agreement shall be interpreted
according to the laws of the State of California.
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of
Understanding to be executed by and through their respective authorized
officers, as of the date written herein below.
CITY OF ARROYO GRANDE FIVE CITIES DOG PARK
ASSOCIATION
BY:
Tony Ferrara, Mayor By:
Date:
Attest:
Its:
Date:
Kelly Wetmore, City Clerk
Date:
As Approved to form:
Timothy J. Carmel, City Attorney
Date:
ATTACHMENT2
FIVE CITIES DOG PARK ASSOCIATION
POBox61
Pismo Bcach, CA 93448
www. fivecitiesdogpark. o rg
Phone: (805 )473-0323
cyneklund~,fivec iti esdogpark. org
.... ..
July 15, 2006
Dear Neighbor,
The Five Cities Dog Park Association has approached the City of Arcoyo Grande regazding the feasibility
of joint usage of the land behind your home as both a drainage basin and anoff--leash pet area. We would
like to beautify and improve the area to accomplish this goal. Luckily for us, the City has agreed to do a
feasibility study.
The City of Arcoyo Grande wants to know if the surrounding residents have concerns, questions, and ideas.
We, the members of the Five Cities Dog Park Association, being the party that initiated this idea, has
volunteered to solicit opinions from the surrounding homeowners.
Obviously we wish to build a pazk here, in your neighborhood, that is easily accessible. And we want an
attractive park that will improve the value of your homes and be an asset to this community. We envision a
park with additional fencing that will separate small dogs from lazge dogs, that includes more trees and
some xeriscaping. We would have benches, both inside and outside, and would include a few picnic tables
outside of the dog azeas under the existing large pine trees.
An off-leash park is a place where people let their dogs run without a leash, within a fenced area. And
unlike other pazks that attract teenagers and small children, off-leash azeas aze for adults. Children are not
allowed unless closely supervised by an adult. And dog pazks ,unlike other city pazks, have strict
cleanliness rules. A monitor (member of the Five Cities Dog Pazk Association) would be assigned, daily, to
make sure that the park remains sanitary. The azeas where the dogs run would be enclosed with additional
4 foot high chain link fencing and there would be a buffer azea between the proposed new fencing and the
existing perimeter 6' fencing. (see enclosed concept drawings). The lowest portion of the basin would be
enclosed by a 6 foot high fence that would be locked when filled with water. We also envision that the pazk
will be open from dawn to dusk, only.
We've included a rough conceptual drawing. If you and your neighbors have no objections, then the park
design will probably be assigned to a licensed landscape architect, and final acceptance will be subject to
both City and public approval.
We appreciate your input now, and later in the process if we get that far. You may call me at 473-0323.
You may also contact Mr. Rob Strong, Director of Community Development, City of Arcoyo Grande at
473-5420.
Again, thank you!
Sincerely,
Cynthia Eklund
President, Five Cities Dog Park Association
attachment
9.b.
CITY OF ARROYO GRANDE
CITY COUNCIL
NOTICE OF PUBLIC HEARING
On TUESDAY, AUGUST 14, 2007, the Arroyo Grande City Council will conduct a public
hearing at 7:00 P.M. in the COUNCIL CHAMBERS, 215 E. BRANCH STREET to
consider the following item:
1. Appeal of Planning Commission's Approval of Plot Plan Review Case No.
06-009; Applicant -Tony Janowicz; Location - 795 East Cherry Avenue.
The City Council has appealed the Planning Commission's approval of Plot Plan
Review 06-009 to remove an existing residence and accessory structures and
construct a new residence and garage.
The City Council may also discuss other hearings or business items before or after the
item listed above. If you challenge the proposed action 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.
Information about this project is available by contacting the Community Development
Department at 473-5420. The City Council meeting will be televised live on Charter
Cable Channel 20.
Kelly WetmoreJCity Clerk
(Publish 1T, The Tribune, Friday, August 3, 2007)
MEMORANDUM
TO: CITY COUNCIL
FROM: ~,-~", KELLY HEFFERNON, ASSOCIATE PLANNER
SUBJECT: APPEAL OF PLANNING COMMISSION'S APPROVAL OF PLOT
PLAN REVIEW CASE NO. 06-009 TO REMOVE AN EXISTING
RESIDENCE AND ACCESSORY STRUCTURES AND
CONSTRUCT A NEW RESIDENCE AND GARAGE; APPLICANT
-TONY JANOWICZ; LOCATION - 795 EAST CHERRY AVENUE
DATE: AUGUST 14, 2007
RECOMMENDATION:
It is recommended the City Council adopt a Resolution upholding the Planning
Commission's approval of Plot Plan Review Case No. 06-009.
FUNDING:
There are no financial impacts to the City with approval of this project.
DISCUSSION:
Background
The Planning Commission considered this item on June 6, 2006, December 5, 2006,
January 16, 2007, April 17, 2007 and adopted a Resolution approving the project on
June 9, 2007 (see Attachments 1-5 for meeting minutes).
The land use designation of the subject property is Single Family Residential Medium
Density (SFR-MD) and is zoned Residential Rural (RR). The City is currently
processing a Development Code Amendment to change the zoning of the 12.77-acre
Subarea 2 property, which includes the project site, from RR to Single Family
Residential (SF). The subject property is located roughly fifteen feet (15') from existing
agricultural operations. Given the size of the lot (14,586 square feet), all but the
northern most 1,500 square feet of the property is located within the Agricultural
Preservation Overlay District (AG-2.2). The entire property lies within the agricultural
buffer assuming a one hundred thirty foot (130') wide buffer, as specified in the draft
East Village Neighborhood Plan (see below).
CITY COUNCIL
PPR 006-009
AUGUST 74, 2007
PAGE 2
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CITY COUNCIL
PPR 006-009
AUGUST 14, 2007
PAGE 3
Project Descriation
The applicant proposes to remove an existing 815 square foot single-family residence
and accessory structures on the project site and construct a new 1,881 square foot
residence (the "replacement house") and garage with workshop further back on the
property than the existing structure. The existing accessory structures include a
garage, storage shed, studio apartment, and laundry room, which equal a total of
approximately 1,075 square feet. Therefore, the total square footage of existing
structures is 1,890 square feet. The replacement house will include a 440 square foot
garage. Therefore, the entire size of the proposed project is 2,240 square feet.
At the request of the Planning Commission, the applicant submitted revised plans
showing the residence relocated further back from the agricultural property, the access
relocated from East Cherry Avenue to Lierly Lane, and has provided a conceptual
landscape plan for the thirty-five foot (35') wide landscape strip located within the
agricultural buffer. The proposed residence is located approximately seventy feet (70')
from adjacent agricultural operations. Two (2) trees are proposed for removal, which
include a Weeping Willow and a dead multi-trunk tree.
Advantaoes
The following are positive aspects of the project with respect to the goals and policies of
the City:
• The project will increase the existing buffer area between structures and the
adjacent agricultural property by 35 feet.
• The project will provide increased landscaped screening between the structures
and the adjacent agricultural property.
• Relocating the residential structure further back on the lot and providing necessary
right-of-way would provide an opportunity to widen East Cherry Avenue and Lierly
Lane, currently difficult under the existing situation.
• Redevelopment of the site will improve the overall appearance of the property and
neighborhood.
Disadvantages
• The proposed replacement house is 2.3 times the size of the existing 815 sq. ft.
house. Total square footage of developed space will be 2,240 square feet
compared to the existing 1,890 square feet, which represents an 18.5% increase.
Therefore, the increase building size may intensify use and occupancy within the
buffer.
• The project will construct new structures, which may increase the difficulty and cost
of developing alternative strategies to accomplish the full buffer area.
Issues
Historical Resources:
The subject property is not located within a historic district and is not a recorded historic
or pre-historic site. Included as Attachment B of the Initial Study is a letter from LSA
CITY COUNCIL
PPR 006-009
AUGUST 14, 2007
PAGE 4
Associates, Inc. detailing their findings with regard to the historic resource component of
the subject property.
Agricultural Buffer
Per Development Code Section 16.12.170(E)(2), the buffer area shall be a minimum of
one hundred feet (100') wide, measured from the edge of the designated agricultural
district, and shall include atwenty-foot (20') wide landscaped transition area. Almost all
of the property is located within the City-designated agricultural buffer. The project
includes a 35-foot wide landscape strip along the southern boundary, which is 15 feet
wider than what the Code requires.
Development Code Section 16.28.020(C) states that "The primary purpose of the AG-
2.2 overlay district is to provide for a mechanism to minimize potential conflicts between
agricultural and non-agricultural land uses. This district is to provide for an agricultural
buffer transitional area and requires that new development and changes in use require
discretionary approval in accordance with Section 16.12.170(E)." Development Code
Section 16.12.170(E)(1) defines "development" as subdivisions of land, use permits,
and building permits for new residential units. A plot plan review is the discretionary
permit utilized to evaluate the proposed replacement house in the context of the
agricultural buffer (see Attachment 6 for Development Code sections that pertain to
agricultural buffers).
Development Code Section 16.12.170(C) states that "the purposes of this section,
therefore, are to promote the general heath, safety, and welfare of the City; to preserve
and protect for exclusive agricultural use those lands zoned for agricultural use; to
support and encourage continued agricultural operations in the city; and to provide
public information regarding this section which outlines the inherent potential problems
associated with living, purchasing and/or residing adjacent to agricultural lands. These
potential problems include, but are not limited to the sounds, odors, dust and chemicals
that may accompany agricultural operations." In summary, the general purpose of the
buffer is to create distance (and screening) between residential uses and agricultural
uses to avoid negative economic impacts to the agricultural activities and to minimize
health, safety and general welfare impacts (i.e. chemicals, dust, noise, odors, etc.) for
neighboring residential uses.
It should be noted that the buffer, when applied to the subject property, is not a
prohibition on residential uses on the subject property. Development Code Section
16.12.170(E) indicates that "no new residential use shall be permitted within the buffer
area unless it is determined there would be no other economically viable use of the
property." In this case, the property is zoned for residential use, has historically had a
residential structure on the site, and there is no other economically viable use of the
property.
The Development Code does not specifically address the particular situation of
demolishing an existing house and rebuilding on the same site within the agricultural
buffer. Therefore, policy interpretation by City Council is necessary to consider this
project application. Staffs interpretation of the Development Code provisions is that the
CITY COUNCIL
PPR 006-009
AUGUST 74, 2007
PAGE 5
project would not be precluded since it increases both the existing buffer area and
landscaped screening, and preservation of the entire buffer cannot be achieved without
eliminating economically viable use of the property.
Given the zoning on the property, it is also important to note the existing situation
represents a non-conforming structure, not a non-conforming use. In most
circumstances, replacement of non-conforming uses or structures would only be
allowed if damaged or destroyed due to fire or natural disaster. The purpose is to
encourage future redevelopment of a site to transition structures to conforming ones.
For example, replacement of a' commercial unit in a residential zone should be a
residential use. In this case, redevelopment of the site cannot conform to the buffer
requirements without eliminating all economically viable use of the property. Therefore,
staff believes the only feasible expectation is to increase the distance between the two
(2) uses and enhance the existing buffer at this location, thereby decreasing the non-
conformity.
Staffs opinion is that a 1,881 square foot house on a 14,586 square foot lot is not an
unreasonable use of the site. This is based on the fact that Council's direction during
deliberations of Development Code provisions regarding buffer requirements was to
allow reasonable expansion of existing structures within the buffer area. Therefore, a
modest increase in size to a replacement structure would appear to be consistent with
that direction. However, City Council may make the determination that any substantive
increase in building size will intensify use and occupancy within the buffer. In such a
case, City Council should determine the reasonable home size that would not intensify
use and occupancy within the buffer.
Drainage:
The project site is relatively flat. Stormwater currently flows across the adjacent
property to the west towards the end of Myrtle Street. A preliminary grading and
drainage plan was prepared for the project site by William R. Dyer, which provides
drainage calculations and a drainage solution (see Attachment C of the Initial Study).
The proposed drainage solution is to retain stormwater on-site in a drainage basin
having a capacity of 1,175 cubic feet and depth of 1.5 feet. The proposed basin is
located within the 35-foot wide laridscape strip.
Location of Structure:
The neighboring property owner has expressed concerns regarding the proximity of the
proposed structure immediately adjacent to their property. This was proposed to
maximize the size of the buffer and landscaped area. However, the applicant has
expressed a willingness to adjust the location of the structure on the site if requested.
Density Transfer:
There was some discussion at the Planning Commission regarding whether the full
agricultural buffer could be achieved through a density transfer to other property owned
by the applicant within Subarea 2. Density transfers are not currently provided for in the
Development Code. Therefore, approval of a density transfer would require a
Development Code amendment, which would be possible only if the applicant was
CITY COUNCIL
PPR 006-009
AUGUST 14, 2007
PAGE 6
voluntarily agreeable to the transfer, and would result in smaller lot sizes than is
currently planned for Subarea 2. When approached regarding the potential for a density
transfer, the applicant expressed concerns regarding the lot sizes that would be created
on his other property under a density transfer proposal.
Roadway Improvements:
East Cherry Avenue is proposed to be widened from the existing 16 feet to 24 feet
along the property boundary from curb to curb. Right of way required is 25 feet without
sidewalk, or an additional 9 feet of right of way. With sidewalk, as conditioned, right of
way required would be 32 feet. The existing structure is 19.5 feet away from Dirt
Cherry, and would be 10.5 feet away from the right away with no sidewalk, less than the
required minimum street side yard setback of 15 feet. With sidewalk, the existing
structure would be roughly four feet from the edge of right of way. A 6-foot wide Public
Utility Easement (PUE) beyond the right of way for utility conduits and boxes behind the
curb would also be required on the north side.
The Lierly Lane easement, which is owned by the applicant, is currently 8 feet wide. An
additional 13 feet is necessary to improve the private street to 21 feet wide, including
curb and gutter but no sidewalk. A 6-foot wide PUE beyond the right of way for utility
conduits and boxes behind the curb would be required on both sides of the private
street. The existing structure is setback 8 feet from the proposed right of way, which is
17 feet less than the required front yard setback of 25 feet.
Conditions of Approval
Staff has prepared a Resolution with draft conditions of approval for the Council's
consideration (see Exhibit "A" of the attached Resolution). The project is subject to the
RR zoning requirements, and is conditioned to improve East Cherry Avenue to City
standards (including curb, gutter and sidewalk) and widen Lierly Lane along the
property boundary (curb and gutter). To ensure that landscaping within the agricultural
buffer is developed and maintained, the following mitigation measures have been
included in the conditions of approval:
MM 2.2: The applicant shall submit a final landscape plan for the agricultural
buffer, prepared by an environmental specialist or professional biologist familiar
with agricultural buffers, to be reviewed and approved by the Community
Development Department and the Parks, Recreation and Facilities Department to
ensure that the plant selection provides effective and appropriate screening with
fast growing evergreen trees and shrubs. The final landscape plan shall be
consistent with the "Landscape Ag Buffer Plan" prepared by Firma for the project
site, dated January 29, 2007. The final landscape plan shall include additional
species other than Bottlebrush.
MM 2.3: A deed restriction shall be placed on the property indicating that the
property owner(s) shall maintain the landscape buffer and that plants shall not be
removed unless diseased or dead. If any plants are removed, they shall be
replaced in kind.
CITY COUNCIL
PPR 006-009
AUGUST 14, 2007
PAGE 7
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. Based on the review, staff does not anticipate that this project
will have a significant effect on the environment. Therefore, staff has prepared a negative
declaration with mitigation measures for the City Council's consideration (see Initial
Study, Attachment 7).
Public Comments
A public hearing notice was sent to all property owners within 300 feet of the proposed
project. Staff has received several letters since December of last year, included as
Attachment 8.
ALTERNATIVES
The following alternatives are offered for Council's consideration:
- Uphold Planning Commission's approval of Plot Plan Review Case No. 06-009;
- Modify as appropriate and approve the project;
- Continue consideration of item if applicant agrees to modify size and/or location
of project consistent with City Council direction;
- Take tentative action to deny Plot Plan Review Case No. 06-009 without
prejudice, direct staff to develop a modified resolution and findings, and provide
direction on appropriate and reasonable home replacement size and location that
would not add to agricultural impacts;
- Take tentative action to deny Plot Plan Review Case No. 06-009, direct staff to
develop a modified resolution and findings, and provide direction on appropriate
and reasonable home replacement size and location that would not add to
agricultural impacts;
- Continue item to a date uncertain to provide staff time to determine if a density
transfer would be possible; or
- Provide other direction to staff.
Attachments:
1. Planning Commission Meeting Minutes of June 6, 2006
2. Planning Commission Meeting Minutes of December 5, 2006
3. Planning Commission Meeting Minutes of January 16, 2007
4. Planning Commission Meeting Minutes of April 17, 2007
5. Planning Commission Meeting Minutes of June 19, 2007
6. Development Code Sections Pertaining to Agricultural Buffers
7. Initial Study
8. Letters from the public regarding the project
S:\Community Development\PROJECTS\PPR\06-009 Janowicz\8-14-07 CC Rpt.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING PLOT PLAN REVIEW CASE NO.
06-009, LOCATED AT 795 EAST CHERRY AVENUE, APPLIED
FOR BY TONY JANOWICZ
WHEREAS, the Planning Commission of the City of Arroyo Grande held duly noticed
public hearings on December 5, 2006, January 16, 2007, April 17, 2007, and June 9,
2007 to consider Plot Plan Review Case No. 06-009, filed by Tony Janowicz, to remove
an existing residence and accessory structures and construct a new residence and
garage on the subject property; and
WHEREAS, the Planning Commission adopted a Resolution on June 9, 2007 to approve
the project; and
WHEREAS, the City Council appealed the Planning Commission's approval of Plot Plan
Review Case No. 06-009 on June 26, 2007 and held a duly noticed public hearing on
August 14, 2007 to consider the project; and
WHEREAS, the City Council has found that this project is consistent with the General
Plan and the environmental documents associated therewith; and
WHEREAS, the City Council has reviewed this project in compliance with the California
Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande
Rules and Procedures for Implementation of CEQA and has determined that a Mitigated
Negative Declaration can be adopted; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
FINDINGS FOR APPROVAL
Plot Plan Review Findings:
1. The proposed project is consistent with the goals, objectives, policies and
programs of the Arroyo Grande General Plan. The proposed single-family
residence meets all Development Code requirements for the Residential Rural
(RR) zoning district.
2. The proposed project conforms to applicable performance standards and will not
be detrimental to the public health, safety or general welfare. The project approval
is subject to all applicable requirements of the Municipal Code, thereby conforming
to applicable performance standards. The project will not be detrimental to the
public health, safety or welfare.
3. The physical location or placement of the use on the site is compatible with the
surrounding neighborhood. The replacement house will be placed further back on
the lot to provide greater distance between the residential use and adjacent
agricultural operations.
RESOLUTION NO.
PAGE 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby approves Plot Plari Review Case No. 06-009, with the above findings and
subject to the conditions as 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 2007.
RESOLUTION NO.
PAGE 3
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
RESOLUTION NO.
PAGE 4
EXHIBIT "A"
CONDITIONS OF APPROVAL
PLOT PLAN REVIEW CASE NO. 06-009
Tony Janowicz
795 East Cherry Avenue
This approval authorizes the removal of an existing 815 square foot single-family
residence and accessory structures on the project site and construction of a new 1,881
square foot residence and garage further back on the property.
1. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
2. The applicant shall comply with all conditions of approval for Plot Plan Review
Case No. 06-009.
3. This application shall automatically expire on June 19, 2009 unless a building
permit is issued. Thirty (30) days prior to the expiration of the approval, the
applicant may apply for an extension of one (1) year from the original date of
expiration.
4. Development shall occur in substantial conformance with the plans presented to
the City Council at the meeting of August 14, 2007 and marked Exhibits "61 - 63".
5. The applicant shall agree to defend at his/her sole expense any action brought
against the City, its present or former agents, officers, or employees because of
the issuance of said approval, or in anyway relating to the implementation thereof,
or in the alternative, to relinquish such approval. The applicant shall reimburse the
City, its agents, officers, or employees, for any court costs and attorney's fee's
which the City, its agents, officers or employees may be required by a court to pay
as a result of such action. The City may, at its sole discretion, participate at its
own expense in the defense of any such action but such participation shall not
relieve applicant of his/her obligations under this condition.
DEVELOPMENT CODE
6. Development shall conform to the Residential Rural (RR) zoning requirements
except as otherwise approved.
7. Setbacks shall be as shown on the development plan except as specifically
modified by these conditions.
RESOLUTION NO.
PAGE 5
8. Construction activities shall be restricted to the hours of 8:00 AM to 5:00 PM
Monday through Friday. There
Interior finish work is allowed on
use of power tools or any other
maintenance and servicing shall
8.1 ).
shall be no construction activities on Sundays.
Saturdays that does not include hammering, the
noise generating activities. On-site equipment
be confined to the same hours (see also MM
9. All new construction shall utilize fixti
Such fixtures shall include, but are
saving toilets, instant water heaters
conserving designs and fixtures shall
res and designs that minimize water usage.
not limited to, low flow showerheads, water
and hot water recirculating systems. Water
be installed prior to final occupancy.
10. The applicant agrees to not contest the formation of an assessment district for
improvements to East Cherry Avenue and Lierly Lane.
11. A landscaped agricultural buffer shall be installed along the southern property
line. Prior to issuance of a building permit, the applicant shall submit a final
landscape and irrigation plan for the agricultural buffer to be reviewed and
approved by the Community Development Department and the Parks,
Recreation and Facilities Department. The final landscape and irrigation plan
shall be consistent with the "Landscape Ag Buffer Plan" prepared by firma, dated
January 29, 2007.
12. Prior to issuance of a building permit, the applicant shall enter into an
agricultural buffer maintenance and easement agreement with the City, in a form
approved by the City Attorney; said agreement shall set forth the property
owner's obligation to maintain the landscaped portion of the agricultural buffer
("Landscaped Ag Buffer") and shall grant to City an easement for access to,
inspection and maintenance of the Landscaped Ag Buffer.
13. In order to ensure establishment and maintenance of the Landscaped Ag Buffer,
prior to issuance of a building permit, the applicant shall provide a
maintenance bond, letter of credit or other financial security instrument
acceptable to the City Attorney. The bond shall be in the amount of 50% of the
estimated cost of the labor and materials required to improve the Landscaped Ag
Buffer, consistent with the approved landscape and irrigation plan, and shall be
in full force and effect for a period of three (3) years from issuance of a building
permit.
14. In order to monitor the health of the Landscaped Ag Buffer, two (2) years after
the issuance of a certificate of occupancy, the applicant shall provide to the
Community Development Department, a report from a qualified biologist or
RESOLUTION NO.
PAGE 6
landscape architect detailing the status of the Landscaped Ag Buffer and
recommending any modifications. The applicant shall adhere to and implement
the recommendations contained in said report.
15. Access shall be from Lierly Lane.
16. East Cherry Avenue shall be improved to City standards along the property
boundary (the applicant has the option of bonding for street improvements prior
to issuance of building permit).
17. Lierly Lane shall be improved along the property boundary (the applicant has the
option of bonding for street improvements prior to issuance of building permit).
18. The applicant shall submit a Phase I archaeological surface survey prior to any
grading activities.
19. Consistent with the adjacent Cherry Creek project, the applicant shall extend the
six foot (6') tall no climb wire fence along the south side of the improved East
Cherry Avenue adjacent to the Agricultural Preserve property from the west
project property line to east side of Lierly Lane.
20. A copy of these conditions shall be incorporated into all construction documents.
21. The retention basin shall be redesigned to accommodate the sidewalk extension.
BUILDING AND FIRE DEPARTMENT
22. 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.
PRIOR TO ISSUING A BUILDING PERMIT:
23. The, applicant shall show proof of properly abandoning all non-conforming items
such as septic tanks, wells, underground piping and other undesirable conditions.
24. A demolition permit must be applied for, approved and issued. An approval letter
from the San Luis Obispo County Air Pollution Control District (APCD) is required
prior to issuance of a demolition permit.
PRIOR TO OCCUPANCY:
25. The replacement residence must be fully sprinklered per Building and Fire
guidelines.
RESOLUTION NO.
PAGE 7
26. Perform construction activities during normal business hours (Monday through
Friday, 8 A.M. to 5 P.M.) for inspection purposes.
27. Install deep tree root barriers for all trees planted adjacent to water, sewer and
storm drainage lines and curb, gutter & sidewalk.
28. All project improvements shall be designed and constructed in accordance with
the City of Arroyo Grande Standard Drawings and Specifications.
29. Submit four (4) full-size paper copies and one (1) full-size mylar copy of
approved improvement plans for inspection purposes during construction.
30. Submit as-built plans at the completion of the project or improvements as
directed by the Director of Public Works. One (1) set of mylar prints and an
electronic version on CD in AutoCAD format shall be required.
31. The following Improvement plans shall be prepared by a registered Civil
Engineer and approved by the Public Works Department:
a. Grading, drainage and erosion control.
b. Street paving, curb, gutter and sidewalk.
c. Public utilities.
d. Water and sewer.
e. Landscaping and irrigation.
f. Other improvements as required by the Director of Public Works.
32. The site plan shall include the following:
a. The location and size of all existing and proposed water, sewer,
and storm drainage facilities within the project site and abutting
streets or alleys.
b. The location, quantity and size of all existing and proposed sewer
laterals.
c. All existing and proposed parcel lines and easements crossing the
property.
d. The location and dimension of all existing and proposed paved
areas.
e. The location of all existing and proposed public or private utilities.
33. Improvement plans shall include plan and profile of existing and proposed
streets, utilities and retaining walls.
34. Landscape and irrigation plans are required for landscaping within the public
right of way, and shall be approved by the Community Development and Parks
and Recreation Departments. The Director of Public Works shall approve any
RESOLUTION NO.
PAGE 8
landscaping or irrigation within a public right of way or otherwise to be
maintained by the City.
35. Construction water is available at the corporate yard. The City of Arroyo Grande
does not allow the use of hydrant meters.
36. All grading shall be done in accordance with the City Grading Ordinance.
37. The applicant shall pay all applicable City fees at the time they are due.
38. Fees to be paid prior to plan approval:
a. Plan check for grading plans based on an approved earthwork estimate.
b. Plan check for improvement plans based on an approved construction
cost estimate.
c. Permit Fee for grading plans based on an approved earthwork estimate.
d. Inspection fee of public works construction plans based on an approved
construction cost estimate.
gFWFR
39. Once City sewer is available, the applicant shall properly abandon the existing
private septic system and the new residence shall hook up to the City's sanitary
sewer system (see also MM 13.1).
40. All sewer laterals within the public right of way must have a min. slope of 2%.
41. Underground all new public utilities in accordance with Section 16.68.050 of the
Development Code.
42. Underground improvements shall be installed prior to street paving.
43. Submit all improvement plans to the public utility companies for approval and
comment. Utility comments shall be forwarded to the Director of Public Works
for approval.
44. Prior to approving a building permit, all public utilities shall be operational.
45. Street structural sections shall be determined by an R-Value soil test, but shall
not be less than 3" of asphalt and 6" of Class II AB.
RESOLUTION NO.
PAGE 9
46. Overlay, slurry seal, or fog seal any roads dedicated to the City prior to
acceptance by the City may be required as directed by the Director of Public
Works.
47. Similar to MM 12.1, Lierly Lane shall be improved along the project boundary as
follows (the applicant has the option of bonding for street improvements prior to
issuance of building permit):
^ 20 feet street width from curb to curb.
^ Concrete curb and gutter on project side of the street.
^ 21 feet wide right-of-way.
^ 6-foot PUE on both sides
48. Similar to MM 12.2, the extension of East Cherry Avenue shall be designated as
a local street and shall adhere to the following design standards (the applicant
has the option of bonding for street improvements prior to issuance of building
permit):
^ 25 MPH design speed
^ 24 feet street width from curb to curb.
^ Concrete curb, gutter and sidewalk on project side of the street.
^ Traffic index of 6.5
^ 6-foot PUE on the north side
GRADING
49. Perform all grading in conformance with the City Grading Ordinance.
50. Submit a preliminary soils report prepared by a registered Civil Engineer and
supported by adequate test borings. All earthwork design and grading shall be
performed in accordance with the approved soils report.
51. Submit all retaining wall calculations for review and approval by the Director of
Public Works for walls not constructed per City standards.
52. All drainage facilities shall be in accordance with the Drainage Master Plan.
53. The applicant shall retain all increased stormwater on-site.
54. All easements, abandonments, or similar documents to be recorded as a
document separate from a map, shall be prepared by the applicant on 8 1/2 x 11
City standard forms, and shall include legal descriptions, sketches, closure
calculations, and a current preliminary title report. The applicant shall be
responsible for all required fees, including any additional required City
processing.
RESOLUTION NO.
PAGE 10
55. Street tree planting and maintenance easements shall be dedicated adjacent to
all street right of ways. Street tree easements shall be a minimum of 10 feet
beyond the right of way.
56. The applicant shall dedicate the appropriate right of way for the extension of
East Cherry Avenue.
57. The applicant shall widen the private access easement for Lierly Lane to 21 feet.
58. A Public Utility Easement (PUE) shall be dedicated a minimum 6 feet wide
adjacent to all street right of ways. The PUE shall be wider where necessary for
the installation or maintenance of the public utility vaults, pads, or similar
facilities.
59. Obtain a grading permit prior to commencement of any grading operations on
site.
60. Inspection Agreement: Prior to approval of an improvement plan, the applicant
shall enter into an agreement with the City for inspection of the required
improvements.
61. All bonds or security shall be in a form acceptable to the City, and shall be
provided prior to issuance of building permit, unless noted otherwise. The
Improvement securities shall be such that they shall not expire until the City
accepts the improvements.
62. Submit an engineer's estimate of quantities for public improvements for review
by the Director of Public Works.
63. Provide bonds or other financial security for the following, to be based upon a
construction cost estimate approved by the Director of Public Works:
a. Faithful Performance: 100% of the approved estimated cost of all
subdivision improvements.
b. Labor and Materials: 50% of the approved estimated cost of all subdivision
improvements.
c. One Year Guarantee: 10% of the approved estimated cost of all
subdivision improvements. This bond is required prior to acceptance of the
subdivision improvements.
RESOLUTION NO.
PAGE 11
64. Preliminary Title Report: A current preliminary title report shall be submitted to
the Director of Public Works prior to checking the dedication documents.
PRIOR TO ISS IIN A C RTIFI AT
65. All utilities shall be operational.
66. All essential project improvements shall be constructed prior to occupancy. Non-
essential improvements, guaranteed by an agreement and financial securities,
may be constructed after occupancy as directed by the Director of Public Works.
MITI ~ATIDN M AS IR R
A negative declaration with mitigation measures has been adopted for this project. The
following mitigation measures shall be implemented as conditions of approval and shall
be monitored by the appropriate City department or responsible agency. The applicant
shall be responsible for verification in writing by the monitoring department or
agency that the mitigation measures have been implemented.
MM 2.1: Future property owners must sign a Real Estate Transfer
Disclosure indicating that they acknowledge and agree to the provisions
contained in the City's Right-To-Farm Ordinance. A deed restriction shall be
placed on the property indicating this requirement.
Responsible Party: Applicant; Real Estate Agent
Monitoring Agency: City of Arroyo Grande -CDD
Timing: Prior to close of escrow
MM 2.2: The applicant shall submit a final landscape plan for the agricultural
buffer, prepared by an environmental specialist or professional biologist familiar
with agricultural buffers, to be reviewed and approved by the Community
Development Department and the Parks, Recreation and Facilities Department
to ensure that the plant selection provides effective and appropriate screening
with fast growing evergreen trees and shrubs. The final landscape plan shall be
consistent with the "Landscape Ag Buffer Plan" prepared by Firma for the project
site, dated January 29, 2007, on file in the Community Development
Department. The final landscape plan shall include additional species other than
Bottlebrush.
Responsible Party: Applicant
Monitoring Agency: City of Arroyo Grande -CDD, PR&F (Parks,
Recreation and Facilities Dept.)
Timing: Prior to issuance of building permit.
RESOLUTION NO.
PAGE 12
MM 2.3: A deed restriction shall be placed on the property indicating that the
property owner(s) shall maintain the landscape buffer and that plants shall not be
removed unless diseased or dead. If any plants are removed, they shall be
replaced in kind.
Responsible Party: Property owner(s); Real Estate Agent
Monitoring Agency: City of Arroyo Grande - CDD
Timing: Prior to close of escrow.
Cenctr ~ _tion PhacP miccions
The project shall comply with all applicable Air Pollution Control District (APCD)
regulations pertaining to the control of fugitive dust (PM~o) as contained in section
6.5 of the Air Quality Hahdbook. All site grading plans shall list the following
regulations:
MM 3.1: All dust control measures listed below (MM 3.2 - 3.6) shall be
followed during construction of the project and shall be shown on grading and
building plans. The contractor or builder shall designate a person or persons to
monitor the dust control program and to order increased watering, as necessary, to
prevent transport of dust off site.
MM 3.2: During construction, water trucks or sprinkler systems shall be used
to keep all areas of vehicle movement damp enough to prevent airborne dust from
leaving the site. At a minimum, this would include wetting down such areas in the
later morning and after work is completed for the day and whenever wind exceeds
15 miles per hour. Reclaimed (non-potable) water shall be used whenever
possible.
MM 3.3: Soil stockpiled for more than two days shall be covered, kept moist,
or treated with soil binders to prevent dust generation.
MM 3.4: All vehicles hauling dirt, sand, soil, or other loose materials are to be
covered or should maintain at least two feet of freeboard (minimum vertical
distance between top of load and top of trailer) in accordance with CVC Section
23114.
MM 3.5: Install wheel washers where vehicles enter and exit unpaved roads
on to streets, or wash off trucks and equipment leaving the site. Vehicle speed for
all construction vehicles shall not exceed 15 mph on any unpaved surface at the
construction site.
MM 3.6: Sweep streets at the end of each day if visible soil material is carried
on to adjacent paved roads. Water sweepers with reclaimed water shall be used
where feasible.
RESOLUTION NO.
PAGE 13
MM 3.7: To mitigate the diesel PM generated during the construction phase,
all construction equipment shall be properly maintained and tuned according to
manufacturer's specifications. The measures below (MM 3.8 - 3.10) shall be
clearly identified in the project bid specifications so the contractors biding on the
project can include the purchase and installation costs in their bids.
MM 3.8: All off-road and portable diesel powered equipment, including but not
limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets,
compressors, auxiliary power units, shall be fueled exclusively with California Air
Resources Board (ARB) motor vehicle diesel fuel.
MM 3.9: To the maximum extent feasible, the use of diesel construction
equipment shall meet the ARB's 1996 certification standard for off-road heavy-duty
diesel engines.
MM 3.10: Unless otherwise approved by APCD, the developer shall install
catalytic diesel particulate filters or Diesel oxidation catalyst on one (1) pieces of
construction equipment involved in primary earth moving and construction activities
and projected to generate the greatest emissions.
MM 3.11: The applicant shall obtain an approval letter for demolition from the San
Luis Obispo County Air Pollution Control District (APCD) prior to issuance of a
demolition permit.
Responsible Party: Applicant
Monitoring Agency: City of Arroyo Grande -Public Works Dept.,
Building and Fire Department
Timing: Prior to issuance of Demolition Permit, Grading
Permit and during construction
MM 5.1. The applicant shall submit a phase I cultural resource surface survey
prepared by a qualified archaeologist.
Responsible Party: Applicant
Monitoring Agency: City of Arroyo Grande - CDD
Timeframe: Prior to issuance of demolition or grading permit
MM 5.2. The note below shall be placed on the grading and improvement plans
for the project:
"In the event that during grading, construction or development of the
project, and archeological resources are uncovered, all work shall be halted
until the City has reviewed the resources for their significance. If human
remains (burials) are encountered, the County Coroner (781-4513) shall be
contacted immediately. The applicant may be required to provide
archaeological studies and/or mitigation measures."
RESOLUTION NO.
PAGE 14
Responsible Party: Applicant
Monitoring Agency: City of Arroyo Grande -Public Works Dept.
Timeframe: Prior to issuance of grading permit/during
grading activities
MM 6.1: Aproject-specific soils report shall be prepared by a registered civil
engineer as required by the City's Grading Ordinance, and the recommendations
of that report shall be incorporated in the design and construction of the
proposed project. Final ,improvement plans submitted to the City shall be
accompanied by a letter of certification from the civil engineer that the plans are
in conformance with the soils report, and the certification shall confirm that the
plans include the following:
The project shall be designed to withstand ground shaking
associated with a large magnitude earthquake on nearby active
faults.
All proposed structures shall be designed to conform to the most
recent Uniform Building Code (UBC) Zone 4 guidelines.
The project shall comply with the requirements of the City's
Grading Ordinance.
Site-specific specifications regarding clearing, site grading and
preparation, footings, foundations, slabs-on-grade, site drainage,
and pavements or turf block shall be delineated.
Responsible Party: Applicant
Monitoring Agency: City of Arroyo Grande -Public Works Dept.
Timeframe: Prior to issuance of Grading Permit
MM 6.2: Prior to issuance of a Grading Permit for the project, the applicant shall
prepare and submit a grading and erosion control plan in compliance with the
City's Grading Ordinance for review and approval by the Public Works
Department. The plan shall be prepared by a civil engineer to address both
temporary and long-term sedimentation and erosion impacts.
Responsible Party: Applicant
Monitoring Agency: City of Arroyo Grande -Public Works Dept.
Timeframe: Prior to issuance of Grading Permit
MM 8.1: Construction activities shall be restricted to the hours of 8:OOAM to 5:00
PM Monday through Friday. There shall be no construction activities on
Sundays. Interior finish work is allowed on Saturdays that does not include
hammering, the use of power tools or any other noise generating activities. On-
site equipment maintenance and servicing shall be confined to the same hours.
MM 8.2: All construction equipment utilizing internal combustion engines shall
be required to have mufflers that are in good condition. Stationary noise sources
shall be located at least 300 feet from occupied dwelling units unless noise
RESOLUTION NO.
PAGE 15
reducing engine housing enclosures or noise screens are provided by the
contractor.
MM 8.3: Equipment mobilization areas, water tanks, and equipment storage
areas shall be placed in a central location as far from existing residences as
feasible.
Responsible Party: Applicant
Monitoring Agency: City of Arroyo Grande - CDD, Public Works
Dept.
Timeframe: During construction
MM 12.1: Lierly Lane shall be improved along the project boundary as follows
(the applicant has the option of bonding for street improvements prior to issuance
of building permit):
^ 20 feet street width from curb to curb.
^ Concrete curb and gutter on project side of the street.
• 21 feet wide right-of-way.
• 6-foot PUE on both sides
Responsible Party:. Applicant
Monitoring Agency: City of Arroyo Grande -Public Works Dept.
Timeframe: Prior to issuance of Building Permit
MM 12.2: The extension of East Cherry Avenue shall be designated as a local
street and shall adhere to the following design standards (the applicant has the
option of bonding for street improvements prior to issuance to building permit):
^ 25 MPH design speed
^ 24 feet street width from curb to curb.
^ Concrete curb, gutter and sidewalk on project side of the street.
^ Traffic index of 6.5
^ 6-foot PUE on north side
Responsible Party: Applicant
Monitoring Agency: City of Arroyo Grande -Public Works Dept.
Timeframe: Prior to issuance of Building Permit
MM 13.1: Once City sewer is available, the applicant shall properly abandon the
existing private septic system and the new residence shall hook up to the City's
sanitary sewer system.
Responsible Party: Applicant
Monitoring Agency: City of Arroyo Grande -Public Works Dept.
Timeframe: Twenty-four (24) months after City sewer is
available
RESOLUTION NO.
PAGE 16
MM 13.3: The applicant shall pay the City's sewer hookup and SSLOCSD impact
fees.
Responsible Party: Applicant
Monitoring Agency: City of Arroyo Grande -Building & Fire Dept.;
Public Works Dept.
Timeframe: Prior to sewer hookup
MM 13.4: The applicant sl
the Fair Oaks sewer main.
Responsible Party:
Monitoring Agency:
Timeframe:
call pay the project's proportional share for upgrading
Applicant
City of Arroyo Grande -Building & Fire Dept.;
Public Works Dept.
Prior to sewer hookup
MM 14.1: The project shall comply with the City's required water conservation
measures including any applicable measures identified in any applicable City
Water Conservation Plans.
Responsible Party: Applicant
Monitoring Agency: City of Arroyo Grande -Public Works Dept.
Timing: Prior to issuance of Building Permit
MM 14.2: The project shall install best available technology for low-flow toilets,
showerheads and hot water recirculation systems.
Responsible Party: Applicant
Monitoring Agency: City of Arroyo Grande -Building Dept.
Timing: Prior to issuance of a Certificate of Occupancy
MM 14.3: The final landscape plan shall show low-water use species and drip
irrigation system rather than a spray irrigation system.
Responsible Party: Applicant
Monitoring Agency: City of Arroyo Grande -Parks, Recreation and
Facilities Dept.
Timing: Prior to issuance of Building Permit
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PLANNING COMMISSION
MINUTES
JUNE 6, 2006
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3 PPR 06-001 Another Time 140 S. Elm St. High end second hand store in A. T. Ricard
, Around 1320 sf retail storefront.
Change of copy only on
existin si n.
4 VSR 06-006 Mike 8 Nancy 190 Fairview Dr. 2nd story addition b existing A. T. Ricard
, Atkisson 1400 sf residence with 408 sf
garage. Addition includes 1728
sf of new living space, of which
479 sf is on the 2n0 Floor.
5, PPR 06-009 Tony Janowicz 795 East Cherry Demo existing residence and A. K.
Ave. garage and construct a new Heffemon
residence and ara e.
The Commission had no concerns with Administrative Items 1-3.
Commissioner Brown requested Item 5, PPR 06-009, located at 795 East Cherry Avenue,
be pulled and scheduled for public hearing due to concerns with the historical significance
of the Ried house and it's relationship to the planning area 7E, and the Neighborhood Plan
in relationship to the Cherry Creek project and the Agricultural buffer. Commissioner Parker
concurred with Commissioner Brown.
Commissioner Brown made a motion, seconded by Commissioner Parker to schedule
Administrative Item 5, for a public hearing; date to be announced.
The motion was approved by the following roll call vote:
AYES: Commissioner Brown,
NOES: None
ABSENT: Commissioner Tait
Parker, Ray and Chair Fellows
Commissioner Ray requested Administrative Item 4, be pulled and scheduled for public
hearing due to the number of letters received from the public regarding this item.
Commissioner Ray made a motion, seconded by Commissioner Brown, to pull
Administrative Item 4, Viewshed Review 06-006, located at 190 Fairview Avenue, for a
public hearing.
AYES: Commissioner Ray,
NOES: None
ABSENT: Commissioner Tait
Brown, Parker and Chair Fellows
II. PUBLIC HEARING ITEMS:
A. DEVELOPMENT CODE AMENDMENT CASE NO. 04-005; APPLICANT -CITY OF
ARROYO GRANDE; LOCATION -CITYWIDE.
Associate Planner, Teresa McClish, presented the staff report, explaining that the
Development Code Amendment is related to Design Overlay Districts and modification of
standards for residential. districts. In conclusion, Ms. McClish stated that due to concerns
that some items need to be further discussed before bringing forward an ordinance, staff is
PLANNING COMMISSION
MINUTES
DECEMBER 5, 2006
ATTACHMENT2
• Subarea 2 borders the creek to the north and east, the Caldwell trust, and has an
ag buffer. He disagrees with Ms. Scot-Graham's argument that high density
would save ag land here, because in this location iYs a threat to ag and the
creek.
• He also disagrees that high density will make homes more affordable. That
would be true in other areas, but wouldn't be a large factor here.
• He's always felt that it makes good sense to do transitional zoning. He doesn't
agree that variety inside a border constitutes that. There should be more density
on one side .and lower density toward the ag land and creek to diminish those
threats.
• Three of five Councilmembers requested Commissioners to consider RS zoning,
but that hasn't been done tonight, and it needs further study. "No City shall
reduce the residential density to any parcel unless the City makes certain
findings." Staff needs to consider it and he's in favor of RS zoning at this point.
His uncertainty is if staff can suggest the finding there's no net loss of housing
capacity. He needs more information before voting.
• People would consider higher density as an entitlement, and zoning is the only
way to guarantee that it's lower.
Commissioner Brown made a motion, seconded by Commissioner Tait, to continue
Development Code Amendment Case No. 06-004 for further analysis, not particularly to
RS or Low-Medium density zoning, but based on the question of whether lower density
can be considered based on the Housing Element; also, staff shall come forth in writing
with a description of how environmental constraints would be the same or different in
Subarea 2 as in Subarea 1 (because there may be more constraints in Subarea 2,
thereby justifying transitional zoning).
The motion was approved on the following roll call vote:
AYES: Commissioners Brown, Tait, and Chair Fellows
NOES: Commissioner Parker and Ray
ABSENT: None
C. PLOT PLAN REVIEW CASE NO. 06-009; APPLICANT -TONY JANOWICZ;
LOCATION - 795 CHERRY STREET.
Associate Planner, Kelly Heffernon, presented the staff report. She answered
Commission questions for clarification of the staff report regarding: no Planning
Commission review requirement if he was only doing an addition; the only difference in
the project with different zoning would be setbacks; the distance of the new structure
from ag land (a little over 70'); the LSA letter and adding conditions to the project
regarding cultural resources survey; handling asbestos during demolition; the ag buffer
as the "mechanism to minimize potential conflicts between agricultural and non-
agricultural land uses"; consideration of the demo and re-build project as a new "use'
vs. as a new "structure" and the associated interpretation of the General Plan and
lopment Code; legal non-conforming status of existing structure and allowance to
PLANNING COMMISSION
MINUTES
DECEMBER 5, 2006
PAGE 9
rebuild a duplicate structure in the duplicate footprint; distance of ag buffer at 100' vs.
130'; exemption from CEQA; lack of a resolution and associated findings with this staff
report; desire for full set of plans (floor plan, elevations, landscape plans, etc.); single-
story vs. two-story desirability; curb/gutter/sidewalk requirements for private vs. public
streets; condition to not start construction until the demo is complete; intensity of use
due to larger new structure; dedication for E. Cherry Ave. of applicant's property; and
offer vs. acceptance of dedication for E. Cherry Ave. in Subarea 2.
10:00 a.m.
After discussion, Commissioner Brown moved to continue the meeting through the end
of this item and decide on the rest of the agenda at that time.
The motion was approved on the following roll call vote:
AYES: Commissioners Brown, Parker, Ray, Tait, and Chair Fellows
NOES: None
ABSENT: None
Motion approved on 5/0 roll call vote.
Chair Fellows opened the public hearing for public comment.
Tony Janowicz, 445 Lierly Lane, spoke in support of the project and shared a letter of
support signed by his neighbors. Moving the house further away from the ag land and
helping with the roads will vastly improve the area, and he's willing to listen to
Commission ideas. He answered Commission questions regarding the driveway
coming off Lierly Lane instead of E. Cherry Ave., landscaping near the ag land, and
deed restricting the house to single story.
Damien Mavis, Subarea 1 co-owner, noted if the house burned down there wouldn't be
conditions added. It's the same use, so it shouldn't trigger review (residential use to
residential use). There's two feasible economic alternatives - an old house or, a new
one (not left vacant). The new one makes the existing condition better. Immediate
neighbors are in favor of the project. Also, it solves a critical circulation issue by
providing right of way. He's in full support of the project as a good planning move.
Colleen Martin, 855 Olive, spoke on behalf of her mother who lives in the house
adjacent to this one. She requested a condition for all demolition to be complete before
issuing a building permit for the new structure. Also, she requested that there not be
construction on Sundays to have a day off from dust and noise. Other than that they
support the project. They don't want a wall in the ag buffer. They don't want the view of
row crops impaired by a wall, hedge, or landscape buffer, which would cause a loss of
ag land view that she loves. By removing the home, she has a better ag view.
PLANNING COMMISSION
MINUTES
DECEMBER 5, 2006
PAGE 10
Steve Ross, 211 Garden .Street, spoke in support of the project. The City code for the
ag buffer is 100'. For Subarea 1 it was conditioned at 130', but not Subarea 2. 130' on
Subarea 2 would effect a taking, which was not desired. As far as development or
subdivision, the intent of the rule was subdivisions (changing a lot description or adding
more buildings), which would require discretionary review. Remodeling was supposed
to not add living space closer to the ag land'if a property is within the ag buffer. This,
though not a remodel, improves that situation by moving it farther from the ag land. All
these things are what we want to happen. It's best for-this property and for future use
on E. Cherry Ave.
Chair Fellows closed the public hearing.for public comment.
Commission comments on the project:
Tait:
• The applicant seems to be doing the.best he can with what he's got. He won't
block the Titus' view. He's moving the house away from the ag land and making
the situation better.
• He agrees that the "use" doesn't change, but the structure is new. General Plan
Ag5-2.2 says "No portion of any new :residential structure ... shall be closer than
100' from the site of agricultural operations ...."
• Code section 16.12.170-E.4 says "No new residential use shall be permitted
within the buffer area unless it is determined there would be no other
economically viable use of the property." How do we determine the economically
viable uses of the property?
• There were no findings to go by on this Plot Plan Review.
• There should be a condition regarding cultural resources, since there .may be
other historical buildings within 1/8-mile radius.
Parker:
This. is a legal non-conforming use, so she doesn't dispute the right to rebuild a
duplicate structure on a duplicate footprint, but this isn't the same thing. It's
double the size in a new location.
• She doesn't believe that implementing the buffer policy is a taking. Other similar
things have been done for public health and safety, and the right to farm.
• Since this is a new structure.in a new location, impacts need to be taken into
consideration, as well as conditions of approval and mitigation measures.
• She wants to review plans for proximity and impact on both neighbors. That's
not to say it can't be built, but neithercan the planning standards be ignored just
for the benefit of wider roads. It needs to be done in the right way.
• The roads assistance and the move away from the ag land are two good points.
The negative is that it increases density by doubling the house, so more humans
and animals are exposed to the farming area.
• Two important considerations are: 1) Can a buffer region be set up to:block
harmful dust, noise, and other impacts to the new building; and 2) how far back
can'it be built without affecting the adjacent neighbor?
PLANNING COMMISSION PAGE 11
MINUTES
DECEMBER 5, 2006
Brown: "
• He believes the City Attomey would agree that the new structure is different than
just rebuilding a duplicate legal non-conforming use, and would like this to be
,flushed out by staff.
If the home were deed restricted to single story, because of buffer issues, he
would probably vote in.the'affirmative.
• Plans, findings and a resolution need to be presented to.Commissioners for
review at another meeting.. They can't approve or deny the project without them.
Ray:
• Her first reaction was to approve it forthe road provisions.
• She struggled with the General Plan and Development Code, so she had to go to
commonsense planning. He can't just.be left with a 15' sliver of land to build on
-that would be a taking, so that settles that issue.
• She agreesthere needs to be findings for Commissioners to approve.
• She-suggests flipping .the .plans so the access is on Lierly Lane and there's no
hole in the ag buffer as part of a compromise.
• There does need to'be good landscaping in the buffer.
• Window placement needs,to be checked.
• She would be ready to approve it with~findings and the plans flipped.
Fellows:
He's felt for a long time that the General Plan ag buffer policy is insufficient, but
that will need to be changed another night.
The .purpose is to protect residents of the new house, their adjacent neighbors
and the farmer. Ag land can't be preserved without giving farmers some
protections.
The City Attorney would probably say they can't takeaway the owner's right to
build a replacement residence, so it probably can't be conditioned that the entire
lot be just buffer. '
• The proposal can probably be approved with certain changes:
0 1. Locating`'the-house as far away from.the ag lantl as possible, even if it
goes iwo stories.
0 2. It needs a vegetated buffer all across the border near the ag land.
0 3. The garage should access Lierly-Lane.
0 4. He would like curb, gutter, and sidewalk if it can be conditioned.
0 5. Findings of approval need to be included for Commissioner review.
0 6. He wants the City Attorney to review it.
Commissioner Parker made a motion, seconded. by CommissionerBrown; to:
• Instruct staff to come back with findings, cohditions of approval, and mitigation
measures to mitigate impacts of adjacent ag property,
• Move access to Lierly'Lane,
• Return with landscape plans and building measures (access, windows, etc.) to
.reflect the buffer,
PLANNING COMMISSION
MINUTES
DECEMBER 5, 2006-
PAGE 12
• Push the building as far back as possible away from the ag property without
affecting adjacent residential property. , .
Discussion: Chair Fellows-requested (and the maker and second agreed) to add:
• Condition yard'space to the west and north portion of the property (so the kids
aren't playing as close to the ag land and to allow reasonable space between the
house and the neighbor). '
The motion was approved on the following roll call vote:
AYES: Commissioners Brown, Tait, Parker, Ray, and Chair Fellows
NOES: - None
ABSENT: None
Mr. Janowicz read from "a letter dated December 6, 2005 from the City Attorney which
states the house may be demolished and a new home `built (with reference to the ag
buffer). .
10:40 a.m.
(Commissioner Brown excused himself due to the late hour.) '
Caren Ray moved and Chair, Fellows seconded ; to finish the last couple of agenda
items.
The motion-was approved on the following roll call vote:
AYES: Commissioners Ray, Fellows, Parker, and Tait
NOES: None
ABSENT:' Commissioner Brown
Motion moved: 4/0 roll call vote.
A. PRE-APPLICATION CASE . NO. 06-001; APPLICANT - GAYLEN LITTLE;
LOCATION -183 BRISCO ROAD.. '
Planning Intern, Megan Meier,- presented the staff "report and shared photos of the
existing development. The applicant proposes to demo existing six units and build eight
new craftsman-style townhouses. She described parking and common space areas.
She shared elevations, landscape, plan§, preliminary color and materials board, and
elevationsshowing height and slopes.
Staff answered Commission questions foF~ clarification of the staff report regarding
differentiation between this and the adjacent project site, and the retaining wall height.
The Commission also discussed the number of existing apartments in Arroyo Grande,
unit affordability, slope and amenities in common space areas.
Chair Fellows opened the public hearing for public comment.
PLANNING COMMISSION
MINUTES
JANUARY 16, 2007
ATTACHMENT3
the foregoing Resolution was adopted this. 16~' day of January 2007.
Mr. Strong.recused himself from the meeting. due to a potential conflict of interest on
Public Hearing .items II.A. & II.B. He thanked Commissioners Parker and Brown for
their service to the City.
A. CONTINUED PUBLIC HEARING: PLOT PLAN REVIEW CASE NO. 06-009;
APPLICANT -TONY JANOWICZ; LOCATION - 795 E. CHERRY STREET
Associate. Planner, Kelly Heffernon, presented the staff report for the continued
consideration of a proposal to demolish an .existing house and, accessory structures on
the subject property, and construct a new home and garage further back on the legally,
non-conforming lot in the Residential Rural zoning district and Ag-Buffer Overlay district.
The Planning Commission previously considered this project at their December 5, 2006
meeting, but continued the item pending consideration of the following:
• A Resolution outlining findings arid conditions of approval.
Move the access driveway from EasYCherry Avenue to Lierly Lane.
• Provide a landscape plan and building elevations.
• Push the residence as far back from.-the agricultural property as the zoning will.
allow.
• Show active yard areas to the west and north portion of the property.
Ms. Heffernon then read additional revised conditions of approval for the project based
on review and comment by the City Attorney.
In conclusion, Ms. Heffernon explained that because the project involved a proposed
road dedication and condemnation of a portion of "Dirt Cherry", the City Council must
make the final decision on the project.
Staff answered Commission questions for clarification on information contained in the
staff report.
Vice Chair Brown opened the public hearing for public comment.
Mark Vasquez, representative, stated his' concerns that many of the conditions of
approval placed on this Plot Plan Review may be inappropriate and were related more
to a subdivision and they should be related specifically to Ag Buffer Overlay; conditions
requiring dedication should be iricluded, but conditions for-improvements are premature
(especially as utilities would have to be removed); he agreed that a proportional share
should be paid for future improvements. He then addressed the specific conditions that
he considered inappropriate or that should be amended.
Tony Janowicz, property owner, thanked Commissioner's Parker and Brown for their
years of service to the City and stated he had no comment at this time..
Steve. Ross, 211. Garden Street, expressed concern with the way this project was being
considered and stated that. it should not 'trigger the same conditions as a larger
PLANNING COMMISSION PAGE 5
MINUTES
JANUARY 16,2007
development would. He asked if this:property was being singled out and stated that if a
house were to be built on East Cheny riear.Traffic Way next to an ag overlay, the City
would not require undergrounding of utilities. -this is not a dedicated City street and an
individual owner should not be required to do this.
Colleen Martin stated that utilities, and sidewalks had been required for other similar
projects, although some of the conditions did seem premature because Sub-area 2 may
be rezoned. Regarding onsite drainage, there had been no discussion oh the incredible-
increase in impermeable surtaces that this project would cause. East Cherry should be
32-feet wide to allow parking .(parking is needed on.either East Cherry or Lierly Lane).
The City requirements for improvements are reasonable; Mr. Janowicz is the sole owner
of.Lierly Lane.
Kristen Barneich, Canyon Way, member of the Tree Guild, stated that the landscaping
should be ..looked at by an expert .landscape architect before the ~Ag buffer is put in
place; two trees are proposed fronting the residence, but there should be trees every
20-25 feet apart (approx. 6 trees total) such as Brisbane Box, Redwoods, Canary Pines
- trees that grow taller and faster; information should be in place and signs posted to
inform future owners that the Ag buffer cannot be altered.
Ruel Estes, property owner next to~the Jahowicz property, stated sidewalks. are not
always required in front of new houses; Mr, Janowicz should not have to do all these
improvements now; he'd' like to see the area kept rural and the roadway narrow to slow
traffic down; an ag overlay will only aggravate people and not accomplish anything.
Vice Chair Brown closed'the public hearing for public comment
7:50 o.m. _
The Commission took a 10-minute break.
Commission comments: '
Ray:
• After further review and consideration of the new- information received since the
IastCommission meeting she•felt the same about the project.
• Agreed with Mr. Vasquez that this .project is not a subdivision; they should not
have to do typical requirements such as curb, gutter, undergrounding etc.
• To require East Cherry and Lierly Lane to be improved now is way too
premature.
.. A street tree easement will allow trees to be added in the future.to help maintain
the Ag buffer.
• The sidewalk should be required to connect to where the sidewalk is coming in
from Sub-area 1; as this will be a transitional area; sidewalk should be required
on the E. Cherry side (curb, gutter and sidewalks should not be required on
Lierly Lane).,
PLANNING COMMISSION
MINUTES
JANUARY 16, 2007 _
PAGE 6
Agrees with others that the landscape plan should be looked at by an expert
landscape architect.
• All conditions "for future improvements should have language that requires a
.proportional share payment (in-lieu fees). , ,
Parker:. n ,. :;
Considers this proposal the'same as''" a new home in an Ag buffer, but building
the residence further back and the reasoning that building a larger house will give
"people more space to.be indoors she could agree with this. ~ `
Future owners need to be'made aware that, they a're purchasing property`in an
Ag buffer zone and, of the right-to farm; th"e Ag ~tiuffer should be looked at by an
expert landscape architect; re the'street trees, she would rather see more effort
;. put into an Ag buffer plan (more trees included); a requirement fora 130-foot
buffer should be made specific.. ,
• All demolition should be complete before,grading isapproved.
Due, to the potential increase in impervious surfaces, drainage ,plans are critical,
must be approved by-the City, and language~added to,Feflect that wfi'en drainage
plans, for .the rest of ,the neighbors are prepared" this project should be
conditioned.to be ircluded:
Conditions"of approval throughout the.resolution_should.reflect that-this project
must.be responsible for a proportionafshare of all,fufure improvements.
Even with a Mitigated Negative Declaration (MND), allowing a building in the Ag
"buffer zone does not necessarily mean it will be mitigated; she could not support
the Resolution as it is now - it needs.more. mitigation to lessen the impacts.
Brown:
• He could. not make the necessary.•findings required to approve the Plot Plan
Review, specifically fnding No. 2 and'maybe No. 3.
• He would like to review-this project from an Ag buffer perspective; not to consider
what Sub Area 1 went through for approval would be clearly inequitable; he does
not understand- why this was put forward for review before Sub-area 2 as this
project is clearly part of;that., ;
This is a precedent setting project and he cannot support the current Resolution.
The Ag buffer plah and the draihage".issue need o:be addressed.
He suggested that it •go forward"'to City :Council with the Commission's
recommehdation"s •and let the'm'tlecide .whether it should come back to them or
not. `
Commission Parker-did :not agree with Vice Chait~Brown;,after further discussion. he
recommended that the projecYcome back to the Planning Commission with a MND, an
Ag buffer landscape plan, and.a drainage plan for theirapproval before going forward to
City Council." .. ~ .. •
Commissioner Ray stated that-the Commission had already considered the issues and
suggested that they recommend approval of the project to City Council with a request
that the MND, arxAg buffer plan, and'a drainage plan," be.considered by.City Council.
PLANNING COI
MINUTES
APRIL 17, 2007
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3. TUP 07-005 ~ John Soto/ Starts and ends at Temporary use of Nelson Green for the annual A M. Meier
March of Dimes Nelson Green March of Dimes Walk America
4. TUP 07-004 Virginio Reyes;. Valley Road Temporarily locate a catering buck across D M. Meier
Costenitas - from the high schoor(M-F, 12-1:30pm)
Caterin
5. PPR 07-003 Wendy Stolper, 1532 W. Branch gpproval to locate a kitchen and bath design A J. Bergman
Design Street showroom in the Oak Park Plaza
Conce ts, Inc.
6. PPR 07-004 Farmer Boy 1526 W. Branch ~- Specialty grocery store in Oak Park Plaza A J: Bergman
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Produce Street
A sixth administrative item was distributed to Commissioners at the start of the meeting.
There were no questions on the administrative items, so they were all approved as
presented.
11. PUBLIC HEARING ITEMS:
A. PLOT PLAN REVIEW CASE NO. 06-009, APPLICANT -TONY JANOWICZ,
LOCATION - 795 CHERRY STREET
Associate Planner, Kelly Heffemon presented the staff report. for consideration of a
proposal to demolish ah .existing residence and accessory structures, and construct a
new residence and garage. The applicant has addressed. Planning Commission
requests .from the previous meetings of December 5, 2006 and January 16, 2007. She
described the changes, including historical significance, agricultural buffer, road
easement dedications, and drainage. Condition 48 has been changed to read, "The
applicant shall retain all increased stormwater on-site", and condition 46 has been deleted
because it duplicates condition 33.
Staff answered questions from the Commission for clarification,on: arecommendation
from the County Agricultural Commissioner on the ag buffer, the reference to code
regarding eminent domain, condition 33 and the process of sewer line installation,
landscaping consistency with Cherry Creek (as shown. on Exhibit B-2) and need (or lack
thereof) for screening if this project is developed before installation of Cherry Creek
landscape screening, McClanahan and Dixson's request for the 6' tall no-climb fence,
initial study correction of 54' from ag land, necessity (or lack thereof) for additional
septic system capacity„ the meaning of MM 12.1 and 12.2 initial study language
"bonding for street improvements", 35' wide landscape buffer, possible function of an
assessment district for the buffer, removal of existing house prior to construction of the
replacement house, no requirement for ARC review before City Council review,
acceptance of Neighborhood Plan for both subareas 1 and 2, location of Mrs. Titus'
house from the proposed house, the meaning of the staff report reference to
"replacement house", transferring density credits from this. parcel to Janowicz's other
property located further back on Lierly Lane; continuation of the sidewalk to Lierly Lane
and proximity to the no-climb fence, drainage and installation of the sidewalk.
Chair Ray opened the public hearing for public comment.
PLANNING COMMISSION
MINUTES
APRIL 17, 2007
PAGE 3
Mark Vasouez, applicant's representative, agreed with Planning Commission conditions
as previously requested. He answered -Commissioner questions with regard to
transferring density to Mr. Janowici's other property and how that relates to the
proposed minimum lot size of 8,000 sf within subarea 2, square footage of each house,
plant selection for the ag buffer now that David Foote has been hired, lack of water most
of the time in the shallow drainage basin, capacity in a large storm, plant size, and
drainage to accommodate future sidewalk installation. The house placement and size is
as far away from the Ag property as possible, while still allowing for active outdoor
areas, but it mostly allows living space inside rather than outside.
David Foote, Landscape Architect, answered Commissioner questions in regards to the
buffer, plant size, plant selection based on 'average homeowner habits, tree selection
and size vs. rate of_ growth, timing to mature screening, placement of plants near
shallow drainage basin, reasoning for choosing Bottlebrush and acceptance of
Evergreen Pear instead.
Lvnn Titus. 404 Lierly Lane, expressed concern and opposition against a block wall
fence extending from ttie Cherry Creek project and/or in the ag buffer. She noted that
from past history, drainage shouldn't be an issue in this location.
Damien Mavis, Cherry Creek developer, spoke in support of this project, noting the
infrastructure benefits, good integration with subarea 1, mitigation of development
issues for subarea 2, benefits of the house being farther from the farm, and house size
similarity to his adjacent project.
Ruel Estes. 811 E. Cherrv, spoke in support of the project. However, the Cherry
extensioh should be 24' wide and there shouldn't be a sidewalk, in orderto maintain the
rural character of the area. There's not a drainage problem now and his next-door
property isn't clay -it's sandy loam. He agreed with Mrs. Titus' comments on the house
size and need to locate it with adequate distance in-between. The ag buffer will only
protect the farmer, because people will-still be exposed on the road. Commissioners
should leave the planning to City staff and not micromanage lesser issues like tree and
plant selection, which is a waste of tax dollars.
Tonv Janowicz. 447 Lierly Lane, (applicant), discussed the project history for new
Commissioners, including the benefits of road improvement for fire and life safety
issues. He answered Commissioner questions regarding awareness of ag buffer
guidelines prior to purchase, transferring density to his other parcel, and not having a
block wall in the plans for his project.
Chair Ray closed the public hearing for public comment.
Commission comments and questions:
Barneich:
• Her reasoning for discussing plant selection is due to her background and
concern for neighbors, so they're not looking at dead trees most of the year.
PLANNING COMMISSION
MINUTES
APRIL 17, 2007
PAGE 4
• She's concerned about property owner maihtenance of ag buffer landscaping,
especially after time passes. It may need to fall with the City instead.
• This plan is better.than others, since it moved the house further from ag land, but
the house is too large and the intensity of the site is:too much.
• She could approve the project with either a density transfer or decreased square
footage of the house (1200 sf), for several reasons.
o The house replacement should be with something more comparable with
the existing. house (1200 sf is more affordable to rent or own).
o A smaller house would better preserve Mrs. Titus' view.
o A smaller house would be a less intense use of the home, because with
more square footage, there will. be additional occupants.
Keen:
• What are the undergrounding requirements? Mr. Devens replied that it would
just, be the service drops to the, house. The adjacent subarea 1 is
undergrounding the utilities on the opposite side of dirt Cherry.
o Will the poles behind this property be undergrounded? Mr. Devens replied
that he believes those poles serve the Peterson house in phase 1 and
would have to go underground.
• With the number of times this has been massaged, it's become a very good
project for. the property, particularly _the Cherry improvements and location in
order to extend the buffer.
• It wouldn't be logical consideration to plant the buffer and have to wait 5 years for
a building permit, because that would be a taking. There are people living in the
existing house with no buffer, so there's no reason that with education and
information new occupants couldn't move in without the buffer being fully mature.
The basin is just for runoff for this property. Does it take care of the street runoff
or.will that flow to subarea 1? Mr. Devens replied that will flow to subarea 1.
Tait:
• Fie had problems making finding of approval #2. The new mitigation measures
help, but the ag buffer is supposed to'help ensure public health and safety, so he
still has some doubts.
• Council should consider a density. transfer, because this may be a precedent
setting item.
This is a new residential unit -not just a replacement house. It requires demo
and building permits, so it's subject to ag buffer regulations that there be no new
.construction unless there's no other economically viable use of the property. He
doesn't see another economically viable use, except for the density transfer.
• The ag buffer extension will do well and is consistent with the Firma program.
• 35' may be sufficient once plants are mature as deemed sufficient in size by a
biological expert, and only then would: it be safe for residents to move in.
• He appreciated mitigation measures 8.1 and 8.2 regarding. noise.
• The no-climb fence on the ag side is a good idea to help reduce impacts.
Marshall: .
• . F9e's fascinated that the project is this complex. Replacing a SFR on an existing
SFR lot should be :ministerial in many ways, but he understands the need for
PLANNING COMMISSION PAGE 5
MINUTES
APRIL 17, 2007
Ray:
additional processing due to the unique location. The key is the size of, the
parcel vs. the buffer, but the point of the ag buffer is to minimize (not eliminate
all),potential conflicts. This plan does what is reasonable for this parcel to
minimize those potential conflicts-as much as possible.
The house size is reasonable for the.lof and comparable to neighboring houses.
He liked the density transfer idea, but appreciated that it's already been explored
and doesn't work in this case.
She.felt the applicant made all the previously requested changes to the ag buffer
and'no additional comments were needed.
The density transfer idea is intriguing; but probably won't work here, since
Council wants it rural and neighbors don't want cluster development with smaller
lot sizes.
Change the drainage plan-to reflect the sidewalk requirement, add the extension
of the no-climb fence, and replace Bottlebrush with Evergreen Pear.
Commissioner Marshall made a motion, seconded by Commissioner Keen, to approve
Plot Plan Review Case No. 06=009 with the following modifications:
• Delete condition 46.
• Modify condition 48 as referenced by staff.
• Extend the no-climb fence along the south side of the improved East Cherry
Avenue and the permanent Agricultural Preserve to Lierly Lane.
• Redesign the drainage basin to accommodate the sidewalk extension.
• Staff shall check the eminent domain reference.
• Replace the Bott/ebrush with Evergreen Pears.
After discussion, the last condition- was modified by Commissioners Marshall and
Barneich to instead read:
• Additional species than Bottlebrush ,shall be considered by the Landscape`
Architect:
RESOLUTION 07-2030
A RESOLUTION OF THE PL"ANNING-COMMISSION OF THE CITY OF
ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL
APPROVE PLOT PLAN REVIEW CASE NO. 06-009, LOCATED AT 795
EAST CHERRY AVENUE, APPLIED FOR BY TONY JANOWICZ
-The motion was approved on the following roll call vote:
AYES: Commissioners Marshall, Keen, and Chair Ray
ABSENT: None
NOES: Commissioners Barneich and Tait
the foregoing Resolution was adopted this 14th day of April 2007.
7:30 a.m.
The Commission took a 5=minute break. .
ATTACHMENT5
MINUTES
PLANNING COMMISSION
JUNE 19, 2007
6:OO P.M.
CALL TO ORDER -The Arroyo Grande Planning Commission met in regular session
with Chair .Ray presiding; also present were Commissioners Barneich, Keen and
Marshall; Commissioner Tait was absent. Staff members in attendance were Acting
Community Developmerit Director, Kelly Heffernon and Public Works Engineer, Victor
Devens.
ANNOUNCEMENTS: None.
AGENDA REVIEW: Chair Ray annouhced;that a Discussion Item regarding a retaining
wall/fence height on Brisco Road, PUD, Phase II, had been added to.the agenda.
APPROVAL OF MINUTES: Commissioner Keeri made a motion, seconded by
Commissioner Barneich to approve the minutes of June 5, 2007 as written. The motion
was approved on a 3/0 voice vote, Commissioner Marshall being absent the meeting of
June 5,2007 and Commissioner Tait being absent this meeting.
A. ORAL COMMUNICATIONS: None.
B. WRITTEN COMMUNICATIONS:
1. Email received June 19, 2007 from Molly McClanahan regarding Plot Plan Review
Case No. 06-009 -Agenda Item II.A.
2. Letter received June 19, 2007 from Colleen Martin regarding Plot Plan Review Case
No. 06-009 -Agenda Item II.A.
3. A letter from Lyn Titus mailed- separately to the Commission before the meeting
regarding Plot Plan Review Case No. 06-009 -Agenda Item I I.A.
II. PUBLIC HEARING ITEMS:
A. PLOT PLAN REVIEW CASE NO. 06-009; APPLICANT -TONY JANOWICZ;
LOCATION - 795: EAST CHERRY AVENUE, ARROYO GRANDE (NOTICE
PREVIOUSLY PUBLISHED 5/25/07 AND CONTINUED FROM THE 6/05/07
PLANNING COMMISSION MEETING)
Associate .Planner, Kelly Heffernon, preserited the staff report for consideration of a
proposal to remove an existing house and accessory structures and to construct a new
home and garage further back on the lot. The project was reviewed at four prior
Planning Commission meetings; at the last meeting on April 17, 2007, -the Planning
Commission recommended approval of the project to City Council. However, iY was
since determined that the project did not require City Council approval. Modifications to
the Conditions of Approval (recommended' by the Planning Commission) have been
made to the Resolution.
PLANNING COMMISSION PAGE 2
MINUTES
JUNE 19, 2007
In summary, Ms. Heffernon stated that issues involving acquisition of portions of "Dirt
Cherry" are being handled separately from the project; the project will improve the
current situation since the residence is proposed to be located further away from the
adjacent agricultural operations; it will provide an opportunity to widen both East Cherry
Avenue and Lierly Lane (which .would not possible with the residence in its current
configuration) and the new structure meets all Development Code requirements for the
Residential Rural zoning district. In conclusion, Ms. Heffernon recommended the
Planning Commission adopt a resolution approving the project or choose one of the
suggested alternatives provided in the staff report.
Commissioner Barneich asked why .the project was being considered before the
Neighborhood- Plan for this area, had been approved by City Council? Ms. Heffernon
explained that this was a legal lot. that should be considered by itself; approval of the
Neighborhood Plan would not impose anything different on this project.
The Commission had no further questions.
Chair Ray opened the public hearing'for public comment.
Mark Vasquez, representative for the applicant, had no comment, but offered to answer
any questions the Commission had.
The Commission had no questions.
Nora Looney, 444 Lierly Lane, stated that the property is currently a shack and an
eyesore; the applicant has worked very carefully with the adjoining neighbors to replace
this home with a new home and in the best location; she urged the Commission to
approve the project.
Tony Janowicz, 795 Cherry Avenue, owner/applicant, thanked the Commission for their
consideration and asked the Commissidn for their approval of the project.
Chair Ray closed the public hearing for public comment.
Commission comments:
Barneich:
• The density transfer for this project should be pursued; she urged the
Commission, City, and applicant to"think "outside the box" in consideration of this
proposal; it is an opportunity to implement the City's General Plan Ag policy; all
the options have not been considered and the Ag buffer policy is too important to
the community not to do so; she believed the City Council would be open to the
idea of the density transfer; the Neighborhood Plan needs to be approved by City
Council before the project is further considered; given the choice of a larger
house in the middle of a small Ag buffer or an extra house in the area behind the
PLANNING COMMISSION
MINUTES
JUNE 19, 2007
PAGE 3
Janowicz home, coupled with'a real complete Ag buffer the decision is an easy
one; therefore, denying the Plot Plan Review is the only action she could support.
Keen:
• The Planning Commission has reviewed this proposal several times and
recommended approval to City Council.
• He is ready to support the project.
Marshall:.
• It.is more than a year since the Commissioh first considered this project and he
commends everyone involved for their perseverance.
• He agrees with Commissioner Keen -his concerns have been adequately
addressed.
• He is ready to support the project.
Ray:
• The Ag buffer issue has been dealt with.
• She likes the density transfer idea, but at the last meeting believed they had
been given some direction from Council regarding Sub area 2; the issue of the
density transfer had been discussed, but they had not received any comment
from Council since the last meeting; this is not a sub division, so we do not have
the same latitude to hold this property to that standard.
• Nothing has changed since the last hearing and all modifications the Commission
asked for have been included; therefore she approves this project as proposed.
Barneich:
• The density transfer has not been ihvestigated at all; staff needs to bring this
forward and it may work and might be a better idea.
Chair Ray_ stated that if this is the case.then it can be appealed and Council can discuss
this.
Chair Ray requested that Conditions of approval 13 and 14 should match Conditions of
Approval 44 and 45 regarding the applicant having the option of bonding. .
Commissioner Marshall made a motion, seconded by Chair Ray, to approve PIoY Plan
.Review Case No. 06-009 and adopt:
RESOLUTION N0.07-2034
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE APPROVING PLOT PLAN REVIEW CASE NO. 06-
009, LOCATED AT 795 EAST CHERRY AVENUE, APPLIED FOR BY
TONY JANOWICZ
AYES: Commissioner Marshall, Chair Ray, Commissioner Keen
NOES: Commissioner Barneich
ABSENT: Commissioner Tait
PLANNING COMMISSION
MINUTES
JUNE 19, 2007
the foregoing Resolution was adopted this 19~' day of June 2007.
III. NON-PUBLIC HEARING ITEMS: None.
IV. REFERRAL ITEMS FOR COMMISSION ACTION/
NOTICES OF ADMINISTRATIVE DECISIONS SINCE JUNE 5, 2007:
PAGE 4
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Administrative Item No. 1
Commissioner Barneich asked if the ARC .had approved this item? Ms. Heffernon
replied that the ARC had recommended some modifications, but the Director approved
without the modifications. The Commission had no further questions.
V. DISCUSSION ITEMS:
1.
Retaining Wall/Fence Height; Brisco Road PCID, Phase II -Staff Report -Ryan
Foster.
Acting Director, Heffemon, presented the staff report explaining that after review of the
improvement plans for the Brisco Road PUD, Phase II, located. at 189 Brisco Road, it
was discovered that due to grade differences between the project site and the adjacent
property (San Luis Ambulance), the required retaining wall will have a fihish height of
11' above grade with a 6' fence, for an overall height of 17 feet. This is an increase of
2.8' above what was shown on the tentative plans. It should be noted that normally,
issues such as this are addressed by offsetting the fence from the face of the retaining
wall; however in this instance that solution would effectively reduce the size of already
small backyards. Staff conducted a site visit of the project site and based on the
location of the highest point of the wall at the rear of the project, determined that the
increase in retaining wall height does not constitute a significant change to the approved
project due to the topographical constraints of the site and the limited visibility of the
finished wall/fence combination from public rights of way.
In reply to a question from Commissioner.Keen, Mr. Devens explained that it is only a 2'
5" increase over the original approved wallrheight. Chair Ray stated that she saw no
problem with the proposed height as it was forsafety reasons.
After further discussion the Commission agreed that the height was acceptable, but they
would prefer to see the wall have some textural finish or vines to soften it. Mr. Devehs
stated that he believed that .the wall was .proposed to be split-faced block. The
Commission had no further comments.
ATTACHMENT6
Development Code Sections Pertaining to Agricultural Buffers
16.12.170. Right to farm provisions and farmland preservation.
E. Agricultural buffer.
1. In conjunction with General Plan policies outlined in the Agriculture, Conservation and Open
Space Element, and specifically Objective AgS, the City has determined that the use of property
for agricultural operations is a high priority. To minimize potential conflicts between
agricultural and nonagricultural land uses, including the protection of public health, the
reduction of noise and odor, and the reduction of risk to farm operations from domestic animal
predation, crop theft and damage and complaints from neighboring urban dwellers, all new
development adjacent to any designated agricultural district shall be required to provide an
agricultural buffer. "Development" as used in this section, means subdivision of land, use
permits and building permits for new residential units.
2. The buffer area shall be a minimum of one hundred feet, measured from the edge of the
designated agricultural district. Optimally, to achieve a maximum separation, a buffer wider
than one hundred feet is encouraged and may be required if it is determined through
environmental review under CEQA and/or recommended by the San Luis Obispo County
Agricultural Commissioner. A decreased buffer distance maybe allowed if it can be
demonstrated that a physical buffer exists (e.g. An-oyo Grande Creek) that is adequate and
approved by the San Luis Obispo County Agricultural Commissioner.
3. The minimum one hundred foot agricultural buffer area shall be comprised of two components:
a twenty-foot wide agricultural landscaped transition area contiguous to an eighTy-foot wide
agricultural buffer adjacent to the designated agricultural district. The twenty-foot transition
area may include pedestrian access. The combined one hundred foot agricultural buffer shall not
qualify as farmland mitigation as required by section 16.12.170.F.
4. The following shall be permitted in the one hundred foot agricultural buffer: native plants, tree
or hedge rows, roads, drainage channels, storm retention ponds, natural areas such as creeks or
drainage swales, utility corridors, storage, and any use, including agricultural or limited
commercial uses, determined by the planning commission to be consistent with the use of the
property as an agricultural buffer. No new residential use shall be permitted within the buffer
area unless it is determined there would be no other economically viable use of the property.
Restoration of a damaged residence within the buffer area may be pursued in accordance with
Section 16.48.110.
5. The one hundred foot agricultural buffer shall be established by the developer pursuant to a plan
approved by the CommuniTy Development Director and the Parks, Recreation and Facilities
Director. The plan shall include provisions for the use of integrated weed and pest management
techniques and soil erosion control. An agreement in the form approved by the ciTy attorney
shall be recorded, which shall include the requirements of this section.
16.28.020. Agricultural districts.
C. Agricultural preservation overlay (AG2.2) district. The primary purpose of the AG-2.2
overlay district is to provide for a mechanism to minimize potential conflicts between
agricultural and nonagricultural land uses. This district is to provide for an agricultural buffer
transitional area and requires that new development and changes in use require discretionary
approval in accordance with Section 16.12.170.E,
r ~,-
ATTACHMENT?
4 pRRO YO
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MLDRPORALED 9,j
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m
# .ma ia, Feu
c,~/FORN~P
CITY OF ARROYO GRANDE
INITIAL STUDY SUMMARY -ENVIRONMENTAL CHECKLIST
Project Title & No. Plot Plan Review No. 06-009: 795 East Cherry Avenue
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The proposed project could have a
"Potentially Significant Impact" for at least one of the environmental factors checked below. Please
refer to the attached pages for discussion on mitigation measures or project revisions to either reduce
these impacts to less-than-significant levels or require further study.
^ Aesthetics ®Geology and Soils ^ Recreation
® Agricultural Resources ^ Hazards/Hazardous Materials ®Transportation/Circulation.
® Air Quality ®Noise ®Wastewater
^ Biological Resources ^ Population/Housing ®Water
® Cultural Resources ^ Public Services/Utilities ^ Land Use
DETERMINATION: (To be completed by the Lead Agency)
On the basis of this initial evaluation, the Environmental Coordinator finds that:
^ The proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
® Although the proposed project could have a significant effect on the environment, there will not
be a significant effect in this case because revisions in the project have been made by or
agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be
prepared.
^ The proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
^ The proposed project MAY have a "potentially significant impact" or "potentially significant
unless mitigated" impact on the environment, but at least one effect 1) has been adequately
analyzed in an earlier document pursuant to applicable legal standards, and 2) has been
addressed by mitigation measures based on the earlier analysis as described on attached
sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the
effects that remain to be addressed.
^ Although the proposed project could have a significant effect on the environment, because all
potentially significant effects (a) have been analyzed adequately in an earlier EIR or
NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or
mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or
mitigation measures that are imposed upon the proposed project, nothing further is required.
City of Arroyo Grande, Initial Study for 795 E. Cherry Ave. Page 1
Prepared by (Print)
Rob
Signature
Date
Project Environmental Analysis
The City's environmental review process incorporates all of the requirements for completing the
Initial Study as required by the California Environmental Quality Act (CEQA) and the.CEQA
Guidelines. The Initial Study includes staffs on-site inspection of the project site and surroundings
and a detailed review of the information in the file for the project. In addition, available background
information is reviewed for each project. Relevant information regarding soil types and
characteristics, geologic information, significant vegetation and/or wildlife resources, water
availability, wastewater disposal services, existing land uses and surrounding land use categories
and other information relevant to the environmental review process are evaluated for each project.
Exhibit A includes the references used, as well as the agencies or groups that were contacted as a
part of the Initial Study. The Community Development Department uses the checklist to summarize
the results of the research accomplished during the initial environmental review of the project.
Persons, agencies or organizations interested in obtaining more information regarding the
environmental review process for a project should contact the City of Arroyo Grande Community
Development Department at 214 East Branch Street Arroyo Grande, CA 93420 or call (805) 473-
5420.
A. PROJECT
DESCRIPTION/SETTING: Proposal by Tony Janowicz to remove an existing 815 square foot
single-family residence and accessory structures on the project site and construct a new 1,881
square foot residence and garage further back on the property. Surrounding land uses include
low-density residential development to the east, north and west, and agricultural land to the
south.
The project site is located within Subarea 2 of the East Village Neighborhood Plan area. The
land use designation of Subarea 2 is Single Family Residential Medium Density (SFR-MD)
and is zoned Residential Rural (RR). In 2001, the General Plan was updated to change the
land use designation of the Neighborhood Plan area from Low Density Residential (LD) to
Medium Density Residential (MD), or from one (1) dwelling unit per acre to 4.5 dwelling units
per acre. The City is currently processing a Development Code Amendment to change the
zoning of the 12.77-acre Subarea 2 property from Residential Rural (RR) to Single Family
Residential (SF). The project site is located roughly fifteen feet (15') from existing agricultural
operations. Given the size of the lot (14,586 square feet), almost the entire property lies within
the Agricultural Preservation Overlay District (AG-2.2), assuming a one hundred foot (100')
wide agricultural buffer.
ASSESSOR PARCEL NUMBER:
B. EXISTING SETTING
LAND USE CATEGORY: Single-Family Residential Medium Density (SFR - MD)
ZONING: Residential Rural (RR)
City of Arroyo Grande, Initial Study for 795 E. Cherry Ave. Page 2
EXISTING USES:
TOPOGRAPHY:
VEGETATION:
PARCEL SIZE
Residential development
Relatively Flat
Residential landscaping
14,586 square feet (0.33 acres)
C. ENVIRONMENTAL ANALYSIS
During the Initial Study process, several issues were identified as having potentially significant
environmental effects (see following Initial Study). Those potentially significant items associated with
the proposed project can be minimized to less-than-significant levels by incorporating the mitigation
measures listed below. All mitigation measures contained in this Initial Study shall be included in the
Conditions of Approval for the project.
CITY OF ARROYO GRANDE
INITIAL STUDY CHECKLIST
1. AESTHETICS -Will the project:
a) Create an aesthetically incompatible
site open to public view?
b) Introduce a use within a scenic view
open to public view?
c) Change the visual character of an
areal
d) Create glare or night lighting that
may affect surrounding areasT
e) Impact unique geological or
physical features?
t) Other
Potentially Impact can
Significant 8 will be
mitigated
^ ^
Insignificant Not
Impact Applicable
^ ^ ^
^ ^ ® ^
o ^ ^
^ ^ ^
^ ^ ^ ^
Setting. The project will not be visible from any major public roadway. The visual character will
change from one smaller residence to one larger residence and will remain single story.
Impact. No significant visual impacts are expected to occur.
Mitigation/Conclusion. No mitigation measures are necessary.
City of Arroyo Grande, Initial Study for 795 Cherry Ave. Page 3
SURROUNDING LAND USE CATEGORIES AND USES:
2. AGRICULTURAL RESOURCES Potentially Impact can Insignificant Not
- Will the project: Significant & will be
mitigated Impact Applicable
a) Convert prime agricultural land to
non-agricultural use?
b) Impair agricultural use of other
property or result in conversion to
other uses?
c) Conflict with existing zoning or ~.
Williamson Act program?
d) Other
Setting. The adjacent property to the south (the "Dixson Ranch") has been in agricultural production
since the early 1900's (row crops) and is in a permanent agricultural preserve. Development Code
Section 16.12.170 requires an agricultural buffer be established on all new development adjacent to
any designated agricultural district. The definition of "new development" includes the issuance of a
building permit for any new residential unit. The project requires a demolition permit to remove
existing structures and a building permit to construct a new residence and therefore is subject to the
agricultural buffer standards. The buffer area shall be a minimum of one hundred feet (100') wide,
measured from the edge of the designated agricultural district, and shall include atwenty-foot (20')
wide landscaped transition area. All but the northern most 1,500 square feet of the 14,586 square
foot lot is located within the Agricultural Preservation Overlay District (AG-2.2). The East Village
Neighborhood Plan, considered adequate by City Council in November 2006, specifies a 130' wide
agriculture buffer for both subareas. Applying a 130' wide buffer to the project site encompasses the
entire property.
Impact. The project site is located adjacent to property that is zoned Agriculture and cultivated with
row crops. The different land uses of the project site and adjacent agricultural land create conflicting
impacts. From the residential perspective, the source of agricultural-related conflict can be from
noise, light, dust, pollen, smoke, pesticides, odors, traffic, insects or rodents. From the farmer's
perspective, the source of conflict from the adjacent residential use can be theft, vandalism, litter, pest
infestation, drainage, or increased liability. Adequate separation of these land uses would help reduce
conflicting impacts.
The property is currently developed with a single-family residence and accessory structures
approximately 19.5 feet from existing agricultural operations. The proposed project would remove the
existing structures and place a new residence 54 feet from agricultural operations, a difference of 34.5
feet. This is the furthest north the structure can be placed while adhering to setback requirements.
Mitigation/Conclusion. Almost all of the property is located within the City-designated agricultural
buffer. Because the property is zoned residential and a residential use already exists, moving the use
farther from agricultural operations improves the existing situation. The project includes a 35-foot
wide landscaped strip to help reduce impacts. This is fifteen feet (15') wider than what the Agricultural
Preservation Overlay District (AG-2.2) requires.
The City also has adopted aRight-To-Farm Ordinance with provisions for farmland preservation and
protection, and serves to notify residents of farmers' rights and clarify agricultural activities. The
following mitigation measures will further reduce impacts between land uses to a less than significant
level:
City of Arroyo Grande, Initial Study for 795 Cheny Avenue Page 4
3
Responsible Party: Applicant; Real Estate Agent
Monitoring Agency: City of Arroyo Grande -CDD
Timing: Prior to close of escrow
MM 2.1: Future property owners must sign a Real Estate Transfer Disclosure indicating
that they acknowledge and agree to the provisions contained in the City's Right-To-Farm
Ordinance. A deed restriction shall be placed on the property indicating this requirement.
MM 2.2: The applicant shall submit a final landscape plan for the agricultural buffer,
prepared by an environmental specialist or professional biologist familiar with agricultural
buffers, to be reviewed and approved by the Community Development Department and the
Parks, Recreation and Facilities Department to ensure that the plant selection provides
effective and appropriate screening with fast growing evergreen trees and shrubs. The final
landscape plan shall be consistent with the "Landscape Ag Buffer Plan" prepared by Firma for
the project site, dated January 29, 2007, included as Attachment A. The final landscape plan
shall include additional species other than Bottlebrush.
Responsible Party: Applicant
Monitoring Agency: City of Arroyo Grande -CDD, PR&F (Parks, Recreation
and Facilities Dept.)
Timing: Prior to issuance of building permit.
MM 2.3: A deed restriction shall be placed on the property indicating that the property
owner(s) shall maintain the landscape buffer and that plants shall not be removed unless
diseased or dead. If any plants are removed, they shall be replaced in kind.
Responsible Party: Property owner(s); Real Estate Agent
Monitoring Agency: City of Arroyo Grande -CDD
Timing: Prior to close of escrow.
AIR QUALITY -Will the project: Potentially Impact can Insignificant Not
Significant & will be Impact Applicable
mitigated
a) Violate any state or federal ambient
air quality standard, or exceed air
quality emission thresholds as
established by County Air Pollution
Control District (APCD)?
b) Expose any sensitive receptor to
substantial air pollutant
concentrations?
c) Create or subject individuals to
objectionable odors?
d) Be inconsistent with the District's
Clean Air P/anT
e) Other
City of Arroyo Grande, Initial Study for 795 Cherry Ave.
Page 5
Setting. The San Luis Obispo County Air Pollution Control District (APCD) has developed the CEQA
Air Quality Handbook to evaluate project specific impacts and help determine if air quality mitigation
measures are needed, or if potentially significant impacts could result. The City refers to this
Handbook for all discretionary projects subject to CEQA.
Impact. The project is expected to generate roughly 10 average daily trips (ADT). Based on Table 1-
1 of the CEQA Air Quality Handbook ("Screening Criteria for Project Air Quality Impacts"), these trips
would produce less than ten (10) lbs./day of emissions (emissions are defined as ROG, NO„ PM,o,
SOx and CO). Projects producing less than ten (10) lbs./day of emissions are not subject to mitigation
per the CEQA Air Quality Handbook.
As proposed, the project will result in 77 cubic yards of cut and 425 cubic yards of fill, creating
construction dust. Demolition as proposed will also create dust. In San Luis Obispo County, ozone
and PM,o are the pollutants of primary concern, since state health-based standards for these
pollutants are exceeded in portions of the County in most years. For this reason, San Luis Obispo
County is considered to be in non-attainment of the state standards for both ozone and PM,o. The
major sources of PM,o include mineral quarries, grading, demolition, agricultural tilling, road dust and
vehicle exhaust.
Grading and construction of the project would occur over a period of several months. Short-term
impacts related to dust generation from site preparation and grading would result in dust generation
that could affect adjacent properties. Mitigation measures placed on the project would reduce short-
term dust generation during construction of the project to less-than-significant levels. Dust generated
by the development activities shall be kept to a minimum with a goal of retaining dust on the site. The
dust control measures listed below shall be followed during construction of the project, and shall be
shown on grading and building plans.
Mitigation/Conclusion. The following mitigation measures are necessary to reduce air quality
impacts to aless-than-significant level.
Construction Phase Emissions
The project shall comply with all applicable Air Pollution Control District (APCD) regulations
pertaining to the control of fugitive dust (PM,a) as contained in section 6.5 of the Air Quality
Handbook. All site grading plans shall list the following regulations:
MM 3.1: All dust control measures listed below (MM 3.2 - 3.6) shall be followed during
construction of the project and shall be shown on grading and building plans. The contractor or
builder shall designate a person or ,persons to monitor the dust control program-and to order
increased watering, as necessary, to prevent transport of dust off site.
MM 3.2: During construction, water trucks or sprinkler systems shall be used to keep all
areas of vehicle movement damp enough to prevent airborne dust from leaving the site. At a
minimum, this would include wetting down such areas in the later morning and after work is
completed for the day and whenever wind exceeds 15 miles per hour. Reclaimed (non-potable)
water shall be used whenever possible.
MM 3.3: Soil stockpiled for more than two days shall be covered, kept moist, or treated
with soil binders to prevent dust generation.
MM 3.4: All vehicles hauling dirt, sand, soil, or other loose materials are to be covered or
should maintain at least two feet of freeboard (minimum vertical distance between top of load
and top of trailer) in accordance with CVC Section 23114.
City of Arroyo Grande, Initial Study for 795 Cheny Avenue Page 6
MM 3.5: Install wheel washers where vehicles enter and exit unpaved roads on to streets,
or wash off trucks and equipment leaving the site. Vehicle speed for all construction vehicles
shall not exceed 15 mph on any unpaved surface at the construction site.
MM 3.6: Sweep streets at the end of each day if visible soil material is carried on to
adjacent paved roads. Water sweepers with reclaimed water shall be used where feasible.
MM 3.7: To mitigate the diesel PM generated during the construction phase, all
construction equipment shall be properly maintained and tuned according to manufacturer's
specifications. The measures below (MM 3.8 - 3.10) shall be clearly identified in the project bid
specifications so the contractors biding on the project can include the purchase and installation
costs in their bids.
MM 3.8: All off-road and portable diesel powered equipment, including but not limited to
bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary
power units, shall be fueled exclusively with California Air Resources Board (ARB) motor vehicle
diesel fuel.
MM 3.9: To the maximum extent feasible, the use of diesel construction equipment shall
meet the ARB's 1996 cert~cetion standard for off-road heavy-duty diesel engines.
MM 3.10: Unless otherwise approved by APCD, the developer shall install catalytic diesel
particulate filters or Diesel oxidation catalyst on one (1) pieces of construction equipment
involved in primary earth moving and construction activities and projected to generate the
greatest emissions.
MM 3.11: The applicant shall obtain an approval letter for demolition from the San Luis Obispo
County Air Pollution Control District (APCD) prior to issuance of a demolition permit.
Responsible Party: Applicant
Monitoring Agency: City of Arroyo Grande -Public Works Dept., Building and
Fire Department
Timing: Prior to issuance of Demolition Permit, Grading Permit
and during construction
4. BIOLOGICAL RESOURCES - Potentially Impact can Insignificant Not
W/ll the project: Significant & will be Impact Applicable
mitigated
a) Result in a loss of unique or special
status species or their habitats9
b) Reduce the extent, diversity or
quality of native or other important
vegetation9
c) Impact wetland or riparian habitat9
d) Introduce barriers to movement of
resident or migratory fish or wildlife
species, or factors that could hinder
the normal activities of wildlife9
e) Other
City of Arroyo Grande, Initial Study for 795 Cherry Ave. Page 7
Setting. There are no significant trees or waterways located on the project site that would provide
habitat for birds, mammals or aquatic species.
Impact. The project site is not located next to any creek, creek tributary or riparian habitat areas, and
does not contain any large trees for nesting of birds of prey. Therefore, the project will have no
impact on biological resources.
Mitigation/Conclusion. Project development will have no impact on biological resources and
therefore no mitigation is required.
5. CULTURAL RESOURCES - Potentially Impact can Insignificant Not
Will the prOjeCt: Significant 8: will be
mitigated Impact Applicable
a) Disturb historic resources?
6) Disturb prehistoric resources?
c) Disturb paleontological resources9
d) Other
Setting. The subject property is not located within a historic district and is not a recorded historic or
pre-historic site. Attachment B is a letter from LSA Associates, Inc., detailing their findings with regard
to the historic resource component of the subject property. The conclusion is that the structure is
unlikely to qualify as a significant historic resource per the California Environmental Quality Act.
However, based on the fact that the site is located in an area historically occupied by the Obispeno
Chumash, and on previous cultural resource surveys in the area, a phase I cultural resource surface
survey is recommended prior to demolition and/or grading activities.
Impact. It is uncertain whether potential impacts to cultural resources would occur during grading
activities without a phase I cultural resource survey conducted. If cultural resources are encountered
during the construction process, development activities at the site shall cease until a qualified
archaeologist has been employed to view and assess the discovery and prepare a mitigation plan.
Mitigation/Conclusion. Development of the project could have a potentially significant impact to
cultural resources that can be mitigated to aless-than-significant level with implementation of the
mitigation measures listed below.
MM 5.1. The, applicant shall submit a phase 1 cultural resource surface survey prepared by a
qualified archaeologist.
Responsible Party: Applicant
Monitoring Agency: City of Arroyo Grande - CDD
Timeframe: Prior to issuance of demolition or grading permit
MM 5.2. The note below shall be placed on the grading and improvement plans for the project:
"In the event that during grading, construction or development of the project, and archeological
resources are uncovered, all work shall be halted until the City has reviewed the resources for
their significance. if human remains (burials) are encountered, the County Coroner (781-4513)
shall be contacted immediately The applicant may be required to provide archaeological studies
and/or mitigation measures."
City of Arroyo Grande, Initial Study for 795 Cherry Avenue Page 8
Responsible Party: Applicant
Monitoring Agency: City of Arroyo Grande -Public Works Dept.
Timeframe: Prior to issuance of grading permit/during grading activities
6. GEOLOGY AND SOILS - Potentially Impact can Insignificant Not
W-11 the project: Significant & will be Impact Applicable
mitigated
a) Result in exposure to or production
of unstable earth conditions, such
as landslides, earthquakes,
liquefaction, ground failure, land
subsidence or other similar
hazards?
b) Be within a CA Dept. of Mines 8
Geology Earthquake Fault Zone?
c) Result in soil erosion, topographic
changes, loss of topsoil or unstable
soil conditions from project-related
improvements, such as vegetation
removal, grading, excavation, or fill?
d) Change rates of soil absorption, or
amount/direction of surface runoff?
e) Include structures located on
expansive soils?
f) Change the drainage patterns where
substantial on- or off-site
sedimentation/ erosion or flooding
may occur?
g) Involve activities within the 100.year
flood zone?
h) Be inconsistent with the goals and
policies of the County's Safety
Element relating to Geologic and
Seismic Hazards?
i) Preclude the future extraction of
valuable mineral resources?
j) Other
Setting. The topography of the project site is relatively flat and is located outside of the 100-year
floodplain. Stormwater Currently flows across the adjacent property to the west towards the end of Myrtle
Street. The landslide risk and liquefaction potential during aground-shaking event is considered low.
No active faulting is known to exist on or close to the subject property. The project is not within a
known area containing serpentine or ultramafic rock or soils (i.e. low risk for naturally occurring
asbestos). A preliminary grading and drainage plan was prepared for the project site by William R.
Dyer, which provides drainage calculations and a drainage solution (Attachment C).
City of Arroyo Grande, Initial Study for 795 Cherry Ave. Page 9
Impact. The major source of potential earthquake damage to Arroyo Grande is from activity along
the regional San Andreas Fault located less than forty (40) miles east along the eastern border of San
Luis Obispo County. The most widespread intensity of ground shaking depends on several factors
including the magnitude of the earthquake, the distance from the earthquake epicenter, and
underlying soil conditions. Other regional faults of significance that could affect the project area in
terms of ground shaking are the Rincondada and Nacimiento faults, located approximately twenty-five
(25) miles east of the City. These faults are considered "potentially active", and could cause
moderate (Magnitude 6.0+) earthquakes in the area. The West Huasna fault is located roughly three
(3) miles east of the City of Arroyo Grande. The project site would be subject to severe ground
shaking in a strong seismic event, which could cause damage to structures and endanger public
safety.
Mitigation/Conclusion. Seismic hazard, soil stability and soil erosion are considered potentially
significant impacts that can be reduced to aless-than-significant level with implementation of the'
mitigation measures listed below.
MM 6.1: A' project-specific soils report shall be prepared by a registered civil engineer as
required by the City's Grading Ordinance, and the recommendations of that report shall be
incorporated in the design and construction of the proposed project. Final improvement plans
submitted to the City shall be accompanied by a letter of certification from the civil engineer
that the plans are in conformance with the soils report, and the certification shall confirm that
the plans include the following:
• The project shall be designed to withstand ground shaking associated with a
large magnitude earthquake on nearby active faults.
• All proposed structures shall be designed to conform to the most recent
Uniform Building Code (UBC) Zone 4 guidelines.
• The project shall comply with the requirements of the City's Grading Ordinance.
• Site-specific specifications regarding clearing, site grading and preparation,
footings, foundations, slabs-on-grade, site drainage, and pavements or turf
block shall be delineated.
Responsible Party: Applicant
Monitoring Agency: City of Arroyo Grande -Public Works Dept.
Timeframe: Prior to issuance of Grading Permit
Impact: The project site will be subject to potential soil erdsion during construction and after
project completion.
MM 6.2: Prior to issuance of a Grading Permit for the project, the applicant shall prepare and
submit a grading and erosion control plan in compliance with the City's Grading Ordinance for
review and approval by the Public Works Department. The plan shall be prepared by a civil
engineer to address both temporary and long-term sedimentation and erosion impacts.
Responsible Party: Applicant
Monitoring Agency: City of Arroyo Grande -Public Works Dept.
Timeframe: Prior to issuance of Grading Permit
City of Arroyo Grande, Initial Study for 795 Cherry Avenue Page 10
7. HAZARDS & HAZARDOUS Potentially Impact can Insignificant Not
MATERIALS -Will the ro'ect:
p ! Significant 8 will be
mitigated Impact Applicable
a) Result in a risk of explosion or
release of hazardous substances
(e.g. oil, pesticides, chemicals,
radiation) or exposure of people to
hazardous substancesT
b) Interfere with an emergency
response or evacuation p/anT
c) Expose people to safety risk
associated with airport flight
patternT
d) Increase fire hazard riskor expose
people or structures to high fire
hazard conditionsT
e) Create any other health hazard or
potential hazardT
t) Other
Setting. The project is not located in an area of known hazardous material contamina tion. The
project is not within a high severity risk area for fire. The project is not within an Airport Revi ew area.
Impact. The project does not propose the use of hazardous materials. The project does not present
a significant fire safety risk. The project is not expected to conflict with any regional evacuation plan.
Mitigation/Conclusion. No impacts as a result of hazards or hazardous materials are anticipated,
and no mitigation measures are necessary.
$. NOISE -Will the project: Potentially Impact can Insignificant Not
Significant 8 will be Impact Applicable
mitigated
a) Expose people to noise levels that
exceed the City's Noise Element
thresholds?
b) Generate increases in the ambient
noise levels for adjoining areasT
c) Expose people to severe noise or
vibrationT
d) Other
Setting. Existing ambient noise in the vicinity of the project site is primarily generated by vehicular
traffic arid adjacent agricultural operations.
City of Arroyo Grande, Initial Study for 795 Cherry Ave. Page 11
Impact. The project is expected to generate loud noise during construction that will impact adjacent
residences. This is considered a potentially significant impact that can be mitigated to a less-than-
significant level with implementation of the below mitigation measures.
Mitigation/Conclusion. The project will generate short-term noise impacts with construction
activities. Long-term increases in traffic and other operational noise levels are considered less-than-
significant impacts and no mitigation measures are necessary.
MM 8.1: Construction activities shall be restricted to the hours of S:OOAM to 5:00 PM Monday
through Friday. There shall be no construction activities on Sundays. Interior finish work is
allowed on Saturdays that does not include hammering, the use of power tools or any other
noise generating activities. On-site equipment maintenance and servicing shall be confined to
the same hours.
MM 8.2: All construction equipment utilizing internal combustion engines shall be required to
have mufflers that are in good condition. Stationary noise sources shall be located at least
300 feet from occupied dwelling units unless noise reducing engine housing enclosures or
noise screens are provided by the contractor.
MM 8.3: Equipment mobilization areas, water tanks, and equipment storage areas shall be
placed in a central location as far from existing residences as feasible.
Responsible Party: Applicant
Monitoring Agency: City of Arroyo Grande - CDD, Public Works Dept.
Timeframe: During construction
9. POPULATION/HOUSING - Potentially Impact can Insignificant Not
Will the project: Significant & will be
mitigated Impact Applicable
a) Induce substantial growth in an area
either directly or indirectly (e.g.,
through projects in an undeveloped
area or extension of major
infrestructure)9
b) Displace existing housing or people,
requiring construction of
replacement housing elsewhere?
c) Create the need for substantial new
housing in the areal
d) Use substantial amount of fuel or ~ ~ ® Q
energy?
e) Other
Setting. The project site is bounded by residential development to the north, east and west, and
agricultural land to the south. The subject property has been zoned for residential development since
1972. The project is within the allowable density and consistent with the 2001 General Plan policies.
City of Arroyo Grande, Initial Study for 795 Cherry Avenue Page 12
The City adopted its Housing Element in 2003, which includes goals, policies and implementing
programs for the preservation, improvement and development of affordable housing. Per the certified
Housing Element, residential subdivisions and mixed-use projects are required to restrict 15% of the
units as affordable to moderate-income households. Any fraction of a unit is required to pay an
affordable housing in-lieu fee. The project will not add additional units, and therefore the project is not
subject to the affordable housing provisions of the Housing Element.
Impact. The project will not result in a need for a significant amount of new housing, and will not
displace existing housing.
Mitigation/Conclusion. Project development will have no impact on population/housing and
therefore no mitigation is required.
10. PUBLIC SERVICES/UTILITIES - Potentially Impact can Insignificant Not
Will the project have an effect upon, or Significant 8 will be
mitigated Impact Applicable
result in the need for new or altered public
services in any of the following areas:
a) Fire protection?
b) Police protection?
c) Schools?
d) Roads9
e) Other
Setting. Development of the site by replacing an existing residence would not increase demand for
new public services.
Impact. The project would not impact the City's ability to provide public services.
Mitigation/Conclusion. Project development will have no impact on public services and therefore no
mitigation is required.
Potentially Impact can Insignificant Not
Significant 8 will be Impact Applicable
11. RECREATION -Will the project: mitigated
a) Increase the use or demand for parks
or other recreation opportunities?
b) Affect the access to trails, parks or
other recreation opportunitiesT
c) Other
Setting. The project is not proposed in a location that will affect any trail, park or other recreational
resource.
Impact. Replacing the existing residence would not increase demand for City park or recreation
facilities.
City of Arroyo Grande, Initial Study for 795 Cherry Ave. Page 13
Mitigation/Conclusion. Project development will have no impact on recreation facilities and
therefore no mitigation is required.
12. TRANSPORTATION/ Potentially Impact can
Significant & will be
CIRCULATION -Will the project: mitigated
a) Increase vehicle trips to local or
areawide circulation system?
b) Reduce existing "Levels of Service"
on public roadway(s)?
c) Create unsafe conditions on public
roadways (e.g., limited access,
design features, sight distance)?
d) Provide for adequate emergency
access?
e) Result in inadequate parking
capacity?
t) Result in inadequate internal traffic
circu/ation7
g) Conflict with adopted policies, plans,
or programs supporting alternative
transportation (e.g., pedestrian
access, bus turnouts, bicycle racks,
etc.)?
h) Result in a change in air traffic
patterns that may result in
substantial safety risks?
i) Other
Insignificant Not
Impact Applicable
® ^
® ^
® ^
^ ^
® ^
® ^
® ^
^ ^
Setting. The project site is located on the corner of East Cherry Avenue extension and Lierly Lane,
both of which are private drives and inadequate for emergency vehicle access. East Cherry Avenue
extension is approximately 15-feet wide, unpaved and is privately owned by many individuals. Lierly
Lane is approximately 8-feet wide, unpaved and owned predominantly by the applicant. The
proposed project is accessed from Lierly Lane.
Impact. According to the San Diego Association. of Governments (SANDAL) Vehicular Traffic
Generation Rates, asingle-family residence generates 10 average daily trips, with 0.8 peak hour trip
in the AM and 1 peak hour trip in the PM. Because this is a replacement residence, there is no net
increase in trip generation.
Mitigation/Conclusion. The project will have access from Lierly Lane, currently not adequate for
emergency vehicle access. Traffic related impacts would be reduced to less than significant with
implementation of the following mitigation measures.
MM 12.1: Lierly Lane shall be improved along the project boundary as follows (the applicant
has the option of bonding for street improvements prior to issuance of building permit):
City of Arroyo Grande, Initial Study for 795 Cherry Avenue Page 14
• 20 feet street width from curb to curb.
• Concrete curb and gutter on project side of the street.
• 21 feet wide right-of-way.
• 6-foot PUE on both sides
Responsible Party: Applicant
Monitoring Agency: City of Arroyo Grande -Public Works Dept.
Timeframe: Prior to issuance of Building Permit
MM 12.2: The extension of East Cherry Avenue shall be designated as a local street and shall
adhere to the following design standards (the applicant has the option of bonding for street
improvements prior to issuance to building permit):
• 25 MPH design speed
• 24 feet street width from curb to curb.
• Concrete curb, gutter and sidewalk on project side of the street.
• Traffic index of 6.5
• 6-foot PUE on the north side
Responsible Party: Applicant
Monitoring Agency: City of Arroyo Grande -Public Works Dept.
Timeframe: Prior to issuance of Building Permit
13. WASTEWATER -Will the Potentially Impact can Insignificant Not
prOjecf: Significant & will be Impact Applicable
mitigated
a) Violate waste discharge requirements
for wastewater systemsT
b) Change the quality of surface or
ground water (e.g., nitrogen-loading,
daylighting)7
c) Adversely affect community
wastewater service provider?
d) Other
Setting. Wastewater disposal for the project site is currently managed by means of an on-site septic
system. The project is required to hook up to the City's wastewater collection system when sewer
becomes available.
Impact: The South San Luis Obispo County Sanitation District (SSLOCSD) provides wastewater
collection and treatment services for the Cities of Arroyo Grande, Grover Beach and the
unincorporated community of Oceano, and owns and
the Arroyo Grande Wastewater Master Plan (AGWW
Plan area (Subareas 1 and 2) were not accountec
Avenue trunk line near US Highway 101, which is cu
Improvement Project. Once implemented, this reac
buildout flows.
maintains all of the main sewer trunk lines. Per
AP), the additional flows from the Neighborhood
for and will add peak flows to the Fair Oaks
rently at 100% capacity and slated as a Capital
i will have sufficient capacity for all anticipated
Mitigation/Conclusion. Through sewer hookup and SSLOCSD fees, the developer will pay the
project's proportional share of impact fees to mitigate the additional demand. The mitigation listed
below is necessary to reduce impacts to aless-than-significant level.
City of Arroyo Grande, Initial Study for 795 Cherry Ave. Page 75
MM 13.1: Once City sewer is available, the applicant shall properly abandon the existing private
septic system and the new residence shall hook up to the City's sanitary sewer system.
Responsible Party: Applicant
Monitoring Agency: City of Arroyo Grande -Public Works Dept.
Timeframe: Twenty-four (24) months after City sewer is available
MM 13.3: The applicant shall pay the City's sewer hookup and SSLOCSD impact fees.
Responsible Party: Applicant
Monitoring Agency: City of Arroyo Grande -Building & Fire Dept.; Public
Works Dept.
Timeframe: Prior to sewer hookup
MM 13.4: The applicant shall pay the project's proportional share for upgrading the Fair Oaks
sewer main. -
Responsible Party: Applicant
Monitoring Agency: City of Arroyo Grande -Building & Fire Dept.; Public
Works Dept.
Timeframe: Prior to sewer hookup
14. HYDROLOGY AND WATER Potentially Impact can Insignificant Not
QUALITY -Will the project: Significant & will be
mitigated Impact Applicable
a) Violate any water quality standards?
b) Discharge into surface waters or
otherwise alter surface water quality
(e.g., turbidity, temperature,
dissolved oxygen, etc.)?
c) Change the quality of groundwater
(e.g., saltwater intrusion, nitrogen-
loading, etc.)?
d) Change the quantity or movement of
available surface or ground water?
e) Adversely affect water supply?
t) Other
Setting. The topography of the site is relatively flat. Predominate surface flow direction is across the
Cherry Creek property to the west towards the end of Myrtle Street. Drainage from the site will be
retained on-site in a drainage basin with a capacity of 1,175 cubic feet and depth of 1.5 feet (see
Attachment C for drainage calculations).
The City currently receives its water supply from both surface and groundwater sources. Ground
water extractions are derived from seven (7) wells and two (2) separate basin formulations. Surface
water is obtained from the Lopez Reservoir Project, which was constructed in the late 1960's.
Reclaimed storm water collected by the Soto Sports Complex Storm Water Reclamation Project is
also used as an irrigation supply source.
City of Arroyo Grande, Initial Study for 795 Cherry Avenue Page 16
The City adopted a Water System Master Plan in 1999, which identified water resources as being a
significant issue, and identified methods to increase and diversify water supply to increase long-term
reliability of the City's water service to its residents. The report assessed potential methods to
address the water supply issue and prioritized alternatives.
Impact: The project will remove an existing 815 square foot single-family residence and accessory
structures and construct a new 1,650 square foot residence. The 835 square foot difference in lot
coverage will increase impervious surface area. The project adequately shows drainage to be
retained on site and no additional mitigation is necessary.
Although no additional dwelling units are proposed, domestic water usage is expected to increase
with installation of the landscape strip within the agricultural buffer. The City is currently in a "severely
restricted" water supply situation that has not yet reached a "critical" level. To manage its water
supply deficiency, the City adopted a two-phased strategy in November 2004 that included
alternatives to be pursued to meet the City's water demand over the next 10- year period (phase 1),
and identified alternatives that will provide permanent water supply increases to meet the long-term
demand that are most desirable, feasible and cost effective (phase 2). As part of phase 1, the City
adopted a Water Conservation Program in May 2003 that included:
• Plumbing Retrofit Program;
• Water Shortage Contingency Analysis;
• Public Information and Education;
• Information System Assessment for Top Water Users; and
• Optional components, including washing machine rebates, and irrigation system or landscaping
rebates.
Other components of phase 1 include construction of Well No. 10 (located on Deer Trail Circle),
pursuing oil field water on Price Canyon, implementing a tiered water and sewer rate structure as
financial incentives for water conservation, and a utility retrofit upon-sale program.
Phase 2 includes a permanent water supply option to study the feasibility of a desalination plant.
Mitigation/Conclusion. The City is currently in a severely restricted water supply situation, which is
considered a cumulatively significant impact. The project's contribution, however, is considered di
minimis, meaning that the environmental conditions would be the same whether or not the project is
implemented. The City adopted overriding considerations for cumulative water supply impacts
identified in the Program EIR for the 2001 General Plan Update. However, the project shall
implement the following restrictions and measures to reduce water supply impacts to a less-than-
significant level.
MM 14.1: The project shall comply with the City's required water conservation measures
including any applicable measures identified in any applicable City Water Conservation Plans.
Responsible Party: Applicant
Monitoring Agency: City of Arroyo Grande -Public Works Dept.
Timing: Prior to issuance of Building Permit
MM 14.2: The project shall install best available technology for low-flow toilets, showerheads
and hot water recirculation systems.
City of Arroyo Grande, Initial Study for 795 Cherry Ave. Page 17
Responsible Party: Applicant
Monitoring Agency: City of Arroyo Grande -Building Dept.
Timing: Prior to issuance of a Certificate of Occupancy
MM 14.3: The final landscape plan shall show low-water use species and drip irrigation
system rather than a spray irrigation system.
Responsible Party: Applicant
Monitoring Agency: City of Arroyo Grande -Parks, Recreation and Facilities
Dept.
Timing: Prior to issuance of Building Permit
15. LAND USE - Will the project: Inconsistent Potentially Consistent Not
Inconsistent Applicable
a) Be potentially inconsistent with land
use, policy/regulation (e.g., General
Plan, Development Code), adopted
to avoid or mitigate for
environmental effects?
b) Be inconsistent with any habitat or
community conservation plan?
c) Be potentially inconsistent with
adopted agency environmental
plans or policies with jurisdiction
over the project?
d) Be potentially incompatible with
surrounding land uses?
e) Other
Setting/Impact. Surrounding uses are identified on Page 3 of the Initial Study. The proposed project
was reviewed for consistency with policy and/or regulatory documents relating to the environment and
appropriate land use (e.g., City's Land Use Element, Development Code, Zoning Map, etc.). The
project was found to be consistent with these documents and codes with implementation of the above
mitigation measures.
The project is not within or adjacent to a conservation plan area. The project is compatible with
surrounding land uses subject to planting a vegetative strip within the agricultural buffer, included in the
project description, and MM 2.1, which requires adherence to the provisions contained in the City's
Right-To-Farm Ordinance.
Mitigation/conclusion. No inconsistencies were identified and therefore no additional measures
above what will already be required was determined necessary.
City of Arroyo Grande, Initial Study for 795 Cherry Avenue Page 18
16. MANDATORY FINDINGS OF Potentially Impact can Insignificant Not
SIGNIFICANCE -Will the Significant & will be Impact Applicable
mitigated
project:
a) Have the potential to degrade the quality of the environment,
substantially reduce the habitat of a fish or wildlife species, cause a
fish or wildlife population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community, reduce the
number or restrict the range of a rare or endangered plant or animal
or eliminate important examples of the major periods of
California history or prehistory? ^ ^ ® ^
b) Have impacts that are individually limited, but cumulatively considerable?
("Cumulatively considerable" means that the incremental effects of a project are
considerable when viewed in connection with the effects of past projects, the effects of
other current projects, and the effects of
probable future projects) ^ ^ ® ^
c) Have environmental effects which will cause substantial adverse effects on human
beings, either directly or
indirectly? ^ ^ ® ^
City of Arroyo Grande, Initial Study for 795 Cherry Avenue Page 19
SOURCE LIST:
1. City of Arroyo Grande General Plan (October 2001)
2. City of Arroyo Grande General Plan Land Use Map (October 2001)
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 Program EIR (October 2001)
7. Air Pollution Control District Clean Air Plan
8. FEMA -Flood Insurance Rate Map
9. Ordinance No. 521 (Amending Title 10, Chapter 3 of the Municipal Code
Community Tree Program)
10. Ordinance No. 550 (Amending Title 16 of the Municipal Code to incorporate
amending the Zoning Map to create an Agricultural Preservation Overlay District)
11. San Diego Council of Governments -Vehicular Traffic Generation Rates
Attachments:
A: Landscape Ag Buffer Plan prepared by Firma dated January 29, 2007
B: Letter from LSA Associates, Inc. dated August 28, 2006
regarding the
regulations and
C: Preliminary Grading and Drainage Plan prepared by William R. Dyer dated March 2, 2007
S:ICommunity DevelopmentlPROJECTSIPPR106-009 Janowiczllnitial Study.doc
City of Arroyo Grande, Initial Study for 795 Cherry Avenue Page 20
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• 1AN75 ARE LAYERED TO FORM DENSE SOREEN
• 5HRU05 CON ~ GLroPED TO FORM DENSE HEDGE
• PLANTS ARE VERY DROUGHT TOLERANT M CLAY SOILS
(NVATIVE RANTS ARE GENERALLY NOT SURER TO CLAY SOILS IN A I,ANDSCA-E pPO°"`~B
SETtING DUE TO iNTOLERANOE TO IRRIGATED MOIST SOILS) ~,~p,p7
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L /'~ ~ I LEq g550CIATEE INC
J 1998 SANTA BARBARA STREET. SUITE IIIO
SAN LUIS ORISPO. CALIFORNIA 9Jd01-.QE7
ATTACHMENT B
August 28, 2006
Anthony Janowicz,
795 Cherry Street
Arroyo Grande, California
93420
IRVINE PT COLLINS
8o5~78s.D715 TeL BIRKILEY RIVERSIDE
805.781.0796 FA% PT. 0.1CNM ONO ROC KLIN
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CITY OF ARROYO ~RAUDE
COD:1Rr1UPJ!TY C3F~lELOFMENT
Subject: Record seazch for two parcels at 795 Cherry Street, Arroyo Grande, San Luis Obispo County,
California (APN # 007-571-007 and 007-711-004)
Dear Mr. Janowicz:
A records search at the Central Coast Information Center in Santa Barbara (CCIC) was requested for
the property belonging to Mr. and Mrs. Janowicz in Arroyo Grande at 795 Cheny Street. The seazch
pazameters were set at a %s mile radius. Of particular concern was whether the buildings on the
Janowicz property had been previously recorded as historic sites. CCIC record searches review all
known archaeological sites, historic resources, and previous cultural resource surveys.
Three previous cultural resource surveys were found in or neaz the '/. mile radius. The closest was a
negative survey done in 1998 by C. A. Singer. The 1985 Arroyo Grande Creek Watershed survey by
Wallace and Taylor recorded 69 sites, of which seven aze listed in the CCIC report, however they do
not appear to be neaz the project location. A 300 acre survey in 1997 by David Whitley lists three
sites, but the map is not conclusive as to their exact location. SLO-1893 is not mentioned in the
bibliography of surveys, but is shown on the map provided by CCIC. It lies approximately 1/8 mile
southeast of the site.
The CCIC Assistant Coordinator searched inventories for the State Historic Property Data Files,
National Register of Historic Places, National Register of Determined Eligible Properties, California
Historical Landmarks, California Points of Historic Interest, California Office of Historic Preservation
Archaeological Determinations of Eligibility, and the Caltrans State and Local Bridge Surveys. No
property evaluations were recorded within the prescribed azea.
The property does not appeaz to lie within a historic district, and is not a recorded historic or
prehistoric site. It is recommended by the City of Arroyo Grande that an architectural historian
examine the building, but it is unlikely that it is a significant resource. A significant resotuce is
defined under CEQA as: associated with important people or events in local, regional, California, or
National history, yields or potentially yields important information about the history of the area,
embodies distinctive characteristics of a type, period, region, or method of construction, represents the
work of a master or possesses high artistic values, or is the last or best example of it's type. None of
these criteria would appear to apply to this property based on the information provided. According to
the owner, the house is in a dilapidated condition, and has undergone numerous additions in the past.
LS\ 1oinCl.\iFti !•C
If cultural resources (a historic trash deposit, prehistoric midden, or other features) are encountered
during excavation, the property owner should contact a qualified archaeologist to examine the find,
evaluate the resource(s), and make recommendations for recordation and analysis. If human remains
are encountered, all excavation must be stopped and the San Luis Obispo County Sheriff/Coronerrnust
be notified immediately.
Enclosed is the CCIC letter with accompanying maps and inventory sheet, a copy of the subdivision
map, and a portion of the U.S. Geological Survey An•oyo Grande NE (CA) topographic map showing
the subject property.
Sincerely,
Susan Stewart
Staff Archaeologist
2
CENTRAL COAST INFORMATION CENTER
California
Archaeological
~~
Department of Anthropology
Inventory ~ SAN LUIS OBISPO AND University of Califomia, Santa Barbara
,~ SANTA BARBARA COUNTIES Santa Barbara, CA 93106-3210
7 (805)893-2474
FAX (805)893-8707
8/16/200ti
Susan Stewart
LSA Associates, SLO
1998 Santa Barbara Street Suite 120
San Luis Obispo, CA 93041
Dear Ms. Stewart,
Enclosed are the results of the record search you requested for the Janowicz
Property Project. Our records were searched for all known archaeological sites,
historic resources, and previous cultural resource surveys within aone-quarter
mile radius of the project area.
In this search, one archaeological site(s) and three previous cultural resource
survey(s) were found. The survey locations were mapped in colored pencil onto
portions of the Arroyo Grande NE, Oceano quad(s). A bibliography of these
surveys is included. A search of the inventories for the State Historic Property
Data Files, National Register of Historic Places, National Register of Determined
Eligible Properties, California Historical Landmarks, California Points of Historic
Interest, California OHP Archaeological Determinations of Eligibility, and the
Caltrans State and Local Bridge Surveys yielded zero property evaluation(s) within
According to our records, the project area has not been surveyed. Therefore a
cultural resource survey is recommended.
Please contact me if you have any questions about this search.
Sincerely,
i.. I`
Mark Neal
Assistant Coordinator
E Number 236 Date 1985 Author Wallace, W.; Taylor, E.
Title Archaeological Investigations in the Arroyo Grande Creek Watershed, San Luis Obispo County
Quad Oceano, Arroyo Grande NE, Tar Spring Ridge
Site SLO-393, SLO-394, SLO-396, SLO-218, SLO-397, SLO-398, SLO-399, Comments
Area Units ReportType Pages
E Number 3411 Date 1998 Author CA. Singer
Title Cultural resources survey and impact assessment for the Newsom Springs Alignment project in the Cily of Arroyo
Grande,
Quad Oceano
Site negative ~ Comments 9 pp.
Area none given Units ReportType Pages
E Number 4930 Date 1997 Author Whitley, David
Title Phase I Archaeological Survey and Cultural Resources Assessment for the Arroyo Linda Crossroads Specific Plan
Study Area, City of Arroyo Grande, San Luis Obispo County, Cal'rfornia
Quad Oceano
Site SL0~13, SLO-1382, SLo-1825 Comments 40 pp.
Area 300 Units acres ReportType Survey Pages
Janowicz Property Project
LSA Associates
795 ChertyAvenue
Artnyo Grande, CA
Surveys Map -1 of 1
N
Central Coast Inronnation Center
Department oiMthropobgy
University of California
Santa Barbara, CA 93706.3270
(605) 8932474
(805) 893.8707 FAX
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Central Coast Information Center
795 Cherry Avenue Department of Anlhropobgy
Arroyo Grande, CA Santa Barbara, CA 9310&3210
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Plannine Commission Members, ner Dec. 5.2006 Meeting
Planning Commission Members,
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~ ATTACHMENT8
~~
The property owners of Sub Area Two listed below have signed this letter and aze
in full support of Tony Janowicz' proposal to remove the existing residence and
outbuildings to supply a better location for a new residence located at 795 Cherry St.
We realize that the new residence will be much further away from the existing
farmland and also further away from Lierly Lane. The new location at the proposed
residence will accommodate future improvements and potential growth.
Sianed:
Tony and Rosemarie Janowicz
Mr. and Mrs. Charlie Looney
Lynn Titus
Mr. and Mrs. Harrison
Mr. and Mrs. Summerlield
Mr. and Mrs. Caldwell
Mr. Damien Mavis
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April 11, 2007
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Chairman and Members of the Arroyo Grande Planning Commission:
Cazen Ray, Doug Tait, John Keen, Richard Marshall, Kristen Barneich
Re: Public Hearing, Tuesday, April 17, 2007
Plot Plan Review Case No. 06-009, 795 East Cherry Avenue, Arroyo Grande
Applicant -Tony Janowicz
Deaz Planning Commissioners,
We recognize the above-referenced property cannot accommodate the same depth of an
agricultural buffer (130') as has been required of the adjacent Cherry Creek project.
However, we request an additional consideration from the Planning Commission that Mr.
Janowicz be required to also extend the no-climb fence along the south side of the
improved Cherry Street and the permanent Agricultural Preserve.
We feel strongly there needs to be consistency with the Cherry Creek project in these two
azeas: extending the widened and improved Cherry Avenue to Lierly Lane (MM 12.2),
but also the extension of the no climb fence as part of a joint agreement with the Cherry
Creek project principals on a pro rata basis. This would be an additional mitigation under
2.b Agricultural Resources to lessen the Impact as stated in paragraph two, "Adequate
separation of these land uses would help reduce conflicting impacts."
Please add this to your recommendation to the City Council.
Thank you.
Sincerely,
Marianna Dixson McClanahan and Sara Dixson Dickens
Co-Trustees, Dixson Ranch, 769 Branch Mill Road, Arroyo Grande, CA
~~~`~i~~~.~
404 Lierly Lane
Arroyo Grande, CA 93420 gl'tt 16 ~GOi
April 13, 2007
,...~.
Dear Planning ommissioner,
In case you are unfamiliar with the city statutes regarding the Ag Buffer, I am enclosing
a copy of the pertinent portions as it pertains to the Plot Plan Review Case #06-009 at
795 East Cherry.
The small house on that lot has been rented continually ever since the original owner,
Margaret Reed, moved away in the 1990s. I think this constitutes an economically
viable use of the property. I don't believe that the outbuildings should be included as
square footage of the house, since most of them have a dirt floor and corrugated tin
roofs and were obviously not permitted structures.
The size of the replacement house in this application does not meet the city standards
as set forth in the General Development Standards section 16.48.110, section 4.
Sincerely,
Ly i s
16.12.170. Right to farm provisions and farmland preservation.
E. Agricultural buffer.
1. In conjuriction with General Plan policies outlined in the Agriculture,
Conservatwn and Open Space Element, and specfically Objective AgS,
the city has determined that the use of property for agricultural operations
is a high priority. To minimize potential conflicts between agricultural and
nonagricultural land uses, including the protection of public health, the
reduction of noise and odor, and the reduction of risk to farm operations
from domestic animal predation, crop theft and damage and complaints
from neighboring urban dwellers, all new development adjacent to any
• designated agricultural district shall be required to provide an agricultural
---- ._
buffer: Development", as used in this section, means subdivision of land,
use permits and building permits for new residential units.
2. The buffer area shall be a minimum of one hundred feet, measured from
the edge of the designated agricultural district. Optimally, to achieve a
maximum separation, a buffer wider than one hundred feet is encouraged
and may be required if it is determined through environmental review
under CEQA and/or recommended by the San Luis Obispo County
Agricultural Commissioner. A decreased buffer distance may be allowed
if it can be demonstrated that a physical buffer exists (eg. Arroyo Grande
Creek) that is adequate and approved by the San Luis Obispo County
Agricultural Commissioner.
3. The minimum one hundred foot agricultural buffer area shall be
comprised of two components: a twenty-foot wide agricuNural landscaped
transition area contiguous to an eighty-hoot wide agricultural buffer
adjacent to the designated agricultural district. The twenty-foot transftion
area may include pedestrian access. The combined one hundred foot
agricultural buffer shall not qualify as farmland mitigation as required by
section 16.12.170.F.
4. The following shall be permitted in the one hundred foot agricultural buffer.
native plants, tree or hedge rows, roads, drainage channels, storm
retention ponds, natural areas such as creeks or drainage swales, utility
corridors, storage, and any use, including agricultural or limited
commercial uses, determined by the planning commission to be consistent
with the use of the property as an agricultural buffer. No new residential ~. ~.
use shall be permitted within the buffer area unless it is determined there
would be no other economically viable use of the .property. Restoration of
a damaged residence within the buffer area may be pursued in
accordance with Section 16.48.110.
5. The one hundred foot agricultural buffer shall be established by the
developer pursuant to a plan approved by the Community Development
Director and the Parks, Recreation and Facilities Director. The plan shall
include provisions 'for the use of integrated weed and pest management
techniques and soil erosion control. An agreement in the form approved
by the city attorney shall be recorded, which shall include the
requirements of this section.
Chapter 16.48 GENERAL DEVELOPMENT STANDARDS
16.48.110 Nonconforming uses, structures and lots.
~-
4. Restoration of a Damaged Structure
a. Whenever a structure that constitutes a nonconforming land use, while being used as a single-
family residence, is destroyed by fire or other calamity, by ad of God, or by the public enemy, the
sWcture may be restored and the nonconforming use may be, resumed; provided, that
restoration is started within one year and diligently pursued to completion; and provided further,
that the restored structured does not exceed the square footage of the original sWcture.
b. Whenever any other nonconforming structure or other sWcture that constitutes a
nonconforming land use is destroyed by fire or other calamity, by act of God, or by the public
enemy to the extent of fifty (50) percent of less of the cost of replacing the entire structure, the
structure may be restored, and the nonconforming use may be resumed; provided, that
restoration is started within one year and diligently pursued to completion; and provided further
that the restored sWcture does not exceed the square footage of the original structure.
c. When the desWdion of any structure, except asingle-family residence, exceeds fifty (50)
percent or the sWcture is voluntarily razed or is required by law to be razed, the structure shall
not be restored except in full conformity with the regulations for the zone in which it is located and
the nonconfortnin use shall not be resumed.
d. When a residential structure is voluntarily razed or is required by law to be razed, the structure
shall not be restored except in full conformity with the regulations for the zone fn which it is
located and the nonconforming use shall not be resumed.
D. Nonconforming Lots.
1. A nonconforming lot may be used for any use identfied as an allowable or conditional use by
this title, provided the minimum development standards established in this title for particular uses
are satisfied.
2. Reductions in the size of existing nonconforming lots shall only be allowed with variances and
lot Ilne adjustments to increase the size of an adjacent nonconforming lot to allow its size or
dimensions to be brought doser to conformity wish the provisions of this tkle. Under no
Colleen TYtus Martin
855 Olive Street
Arroyo Grande, CA 93420
-~ (805) 489-2764 ANK1'fC~, '-
2007 ~"~~
April 15, C~14;,yi~,;fY7TVhpf v~~ JP,n/;'~`
F, dT
Dear Planning Commission and City Council of Arroyo Grande,
I am writing to you regazding the application for a tear down and rebuild of
Tony Janowitz's property located at 795 East Cherry Avenue.
I was astounded when the property was sold to Mr.Janowitz because the City
Council had already adopted their guidelines for agricultural buffers prior to the
transfer of his title. After participating in the discussions regarding the Cherry
Creek development, the applicant knew the strong convictions the City Council
held about Ag buffers.
When my pazents bought the house at 404 Lierly Lane, adjacent the applicant's
parcel, they knew the Dixson Ranch was devoted to the Williamson Act
agricultural preserve. They also knew it would be difficult, if not impossible, to
develop Margaret Reed's shack at the corner of Lierly and East Cherry. They
liked it that way.
C onsequently, we were shocked when this application was originally transacted
over the counter of the Plannin~u Department and thank the Commission for
pulling it for reconsideration tonight.
Perhaps the applicant should consider building a new house in another location.
His property further down Lierly Lane might suffice.
People are not allowed to build in the Ag buffer!
Bat if you do allow it, the structure is too large and much larger than the policy
calls for. The compressing of the suitable building footprint is inconsistent with
surrounding homes. Doesn't the City want less people living in the Ag buffer,
not more?
]ust say no.
Thank you
Colleen Martin '
~ d e60 90 LO 6Z JeW
Page 1 of 1
Kelly Heffernon
From: mmcclanahanl0@juno.com
Sent: Tuesday, June 19, 2007 10:12 AM
To: Kelly Heffernon
Subject: RE: JUne 12 and 19 Agendas
Deaz Kelly,
Thank you for your follow-through yesterday in faxing the 37 pages for the Plot Plan Review Case No.
06-009, Tony Jariowicz, 795 East Cherry Avenue, Arroyo Grande. I have read the entire document and
spoken with my sister, Sara Dickens.
You have our permission to shaze with the Planning Commission our support of the Project and the
Conditions and Mitigation Measures as enumerated. Our thanks to the Planning Commission and
yourself and City staff for their diligence and caze over the last several months. Thank you.
Sincerely,
Marianna (Molly) McClanahan and Sara Dickens, Co-Trustees, Gordon Dixson Trust, 769 Branch Mill
Road, Arroyo Grande, CA
Click for free info on accredited decrees with 150K/ year ~ential
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~ 6/19/2007
1
11.a.
MEMORANDUM
TO: CITY COUNCIL
i
FROM: STEVEN ADAMS, CITY MANAGER
SUBJECT: CONSIDERATION OF ESTABLISHING A POLICY OF DESIGNATING A
SUMMER MONTH IN THE FUTURE FOR CANCELLATION OF
COUNCIL MEETINGS
DATE: AUGUST 14, 2007
RECOMMENDATION:
It is recommended the City Council consider the concept of establishing a practice
and/or policy designating a summer month in the future for cancellation of Council
meetings and provide direction to staff.
FUNDING:
There would likely be no cost impact from this action.
DISCUSSION:
At the July 24, 2007 meeting, Mayor Pro Tem Arnold requested, and the City Council
concurred, to place on the Council agenda for consideration the concept of establishing
a policy or practice of designating a summer month in the future for cancellation of
Council meetings. While considered uncommon, a number of cities throughout
California do this. The purpose would be to designate a month "dark" from Council
meetings in the summer so individuals could coordinate their vacations during this
period if possible.
Of the cities we are aware of that participate in this practice, August appears to be the
most common month designated since it tends to be the slowest period with regard to
City business. However, staff recommends consideration of July because it is the only
full month in which school is not in session and it includes the July 4~' holiday. Staff
would recommend against consideration of June as the designated period due to
deliberation and consideration of the budget.
Currently, the City's practice has been to cancel only the second meeting in December.
Since the meeting schedule is established in the Municipal Code, cancellation of
meetings would require an annual formal action of the City Council as is currently
presented for consideration each December. Therefore, under any circumstances, the
City Council could change or eliminate the practice at any time.
CITY COUNCIL
CONSIDERATION OF ESTABLISHING A POLICY OF DESIGNATING A SUMMER
MONTH IN THE FUTURE FOR CANCELLATION OF COUNCIL MEETINGS
AUGUST 14, 2007
PAGE 2
The primary advantages of the concept include the following:
A period would be established where Council Members and staff could have the
ability of planning a vacation without feeling guilty about being absent from a
meeting or being concerned about missing an item that is important for their vote
or input.
It would reduce problems during the summer months from Council Members and
key staff being absent from meetings. While infrequent, as experienced recently, it
is possible that items may be postponed if a quorum is not available. In addition,
applicants with projects involving controversial and/or complex issues normally
prefer to have their applications considered by the full City Council.
The ongoing schedule of planning, preparation and attendance at City Council
meetings creates significant workload for staff and the City Council. The proposed
concept would provide a break that may help re-energize individuals involved with
the process.
The primary disadvantages include the following:
Agendas preceding and following the month will likely be significantly lengthened.
• There are frequently time critical agenda items and project applications that would
need to be delayed a month. Staff currently tries to accommodate scheduling
needs of project applicants as best as possible. Therefore, the concept may result
in incidents where project applicants could by disappointed or impacted by delays.
• Council Members may desire or need to schedule their vacations during a different
period, in which case they would miss both the meetings during the dark month
and during their vacation.
While staff would attempt to plan vacations during the month as best as possible, it
would not be possible to schedule all absences during that period in order to
coordinate other workload and staffing needs.
S:\Administration\CITY MANAGER\STEVE\Council Reports\Dark Council Meetings
8.14.07.doc
CITY COUNCIL
CONSIDERATION OF ESTABLISHING A POLICY OF DESIGNATING A SUMMER
MONTH IN THE FUTURE FOR CANCELLATION OF COUNCIL MEETINGS
AUGUST 14, 2007
PAGE 3
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
- Direct staff to prepare an item for consideration next year to cancel meetings in
July 2008;
- Direct staff to prepare an item for consideration next year to cancel meetings in
August 2008;
- Direct staff to prepare an item for consideration next year to cancel meetings in
either July or August 2008 with the understanding that it be only on a pilot basis
to determine if it is successful and then evaluate the results to determine whether
the Council would like to pursue the concept as an ongoing practice;
- Direct staff to make no changes to the current practice;
- Provide other direction to staff.
S:Wdministration\CITY MANAGER\STEVE\Council Reports\Dark Council Meetings
8.14.07.doc