Agenda Packet 2008-01-22 Y
~A ~
~I~~
• • ~
1 ounce ~ r en a
~i~,, F
~V~al~~l
,
Tony Ferrara Mayor - ~ Steven Adams City Manager
Chuck Fellows Mayor Pro Tem ~ Timothy J. Carmel City Attorney
Joe Costello Council Member . ~t ~ ~ Kelly Wetmore City Clerk
Jim Guthrie Council Member ~ ~ ~ ~
_ i
Ed Arnold Council Member ~ '
AGENDA SUMMARY
CITY COUNCIL MEETING
TUESDAY, JANUARY 22, 2008
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
4. INVOCATION: DR. MAYER-HARNISH
BAHAI FAITH
5. SPECIAL PRESENTATIONS:
5.a. Honorary Proclamation Declaring February 2008 as Grand Jury Awareness
Month
6. AGENDA REVIEW:
6a. Move that all ordinances presented for introduction or adoption be read in title only
and all further readings be waived.
AGENDA SUMMARY -JANUARY 22, 2008
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Member may request that any item be withdrawn from the Consent Agenda to permit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
January 1, 2008 through January 15, 2008.
8.b. Consideration of Statement of Investment Deposits (KRAETSCH)
Recommended Action: Receive and file the report of current investment
deposits as of December 31, 2007.
8.c. Consideration of Approval of Minutes (WETMORE)
Recommended Action: Approve the minutes of the Regular City Council meeting
of November 27, 2007; the Special City Council meeting of December 11, 2007;
and the Regular City Council/Redevelopment Agency meeting of December 11,
2007, as submitted.
8.d. Consideration to Adopt a Resolution Accepting Easements and
Improvements for Conditional Use Permit Case No. 06-009 and Lot Line
Adjustment Case No. 06-003, Applebee's, Located at 1462 E. Grand Avenue
(SPAGNOLO)
Recommended Action: Adopt Resolution accepting the public improvements and
the public water main easement offered by RCI Realty for the Applebee's project.
AGENDA SUMMARY -JANUARY 22, 2008
PAGE 3
8. CONSENT AGENDA ~cont'd):
8.e. Consideration of Authorization to Declare the 1984 Van Pelt Fire Engine and
the 1996 Hi-Tech Fire Engine as Surplus Property and Approve an
Agreement with Fire Trucks Plus, Inc. for Consignment and Sale of the
En fines (HUBERT)
Recommended Action: 1) Adopt Resolution declaring the 1984 Van Pelt Fire
Engine and 1996 Hi-Tech Fire Engine as surplus property and; 2) Approve an
agreement with Fire Trucks Plus, Inc. forconsignmentand sale of the engines.
8.f. Consideration of Appointments to Architectural Review Committee
(STRONG)
Recommended Action: It is recommended by Mayor Pro Tem Fellows the City
Council approve: 1) Removal of Jacklin Pontarelli from the Architectural Review
Committee (ARC); and 2) Appointment of Roger Frederickson to the ARC. It is
recommended by Council Member Arnold the City Council approve appointment
of Kyle Harris to the ARC.
8.g. Consideration of Funding Request for the Brisco RoadlHalcyon Road -
Route 101 Improvements to the San Luis Obispo Council of Governments
(ADAMS)
Recommended Action: 1) Approve the funding proposal to the San Luis Obispo
Council of Governments (SLOCOG) for State Transportation Improvement
Program funding for Brisco Road/Halcyon Road -Route 101 Improvements; and
2) Authorize staff to make adjustments to the proposal as necessary to address
Caltrans and SLOCOG concerns as long as they are consistent with prior City
Council direction regarding project alternatives and within the proposed funding
amounts and/or percentages.
9. PUBLIC HEARINGS:
9.a. Consideration of a Resolution Adopting a Mitigated Negative Declaration,
Designating a Portion of Elm Street Park as an Off Leash Area for Use as a
Dog Park, Approving an Adopt-A-Park Agreement with the Five Cities Dog
Park Association and Authorization for the City Manager to Approve and
Make Minor Changes and Modifications and to Execute the Agreement
(PERRIN)
Recommended Action: 1) Adopt a Resolution adopting a Mitigated Negative
Declaration, designating a portion of Elm Street Park as an Off Leash Area for use
as a Dog Park, approving an Adopt-A-Park Agreement with the Five Cities Dog
Park Association and authorizing the City Manager to approve and make minor
changes and modification and to execute the agreement.
AGENDA SUMMARY -JANUARY 22, 2008
PAGE 4
9. PUBLIC HEARINGS (cont'd):
9.b. Consideration of a Resolution Granting Consent to the San Luis Obispo
County Board of Supervisors to Create the San Luis Obispo County Tourism
Business Improvement District within the Boundaries of the City of Arroyo
Grande (STRONG)
Recommended Action: Adopt a Resolution granting the San Luis Obispo County
Board of Supervisors the ability to: 1) create the San Luis Obispo County Tourism
Business Improvement District (BID) within the boundaries of the City of Arroyo
Grande, and 2) grant the San Luis Obispo Board of Supervisors jurisdiction for all
the purposes in connection with creation and operation of the proposed San Luis
Obispo Tourism Business Improvement District, with input from the affected
lodging businesses and participating cities.
10. CONTINUED BUSINESS:
None.
11. NEW BUSINESS:
11.a. Consideration of Agricultural Buffer Policies Including Minimum Buffer
Distance, Allowed Land Uses and Landscape Standards of the General Plan
and Development Code (STRONG)
Recommended Action: Review agricultural buffer policies, including minimum
buffer distance, allowed land uses and landscape standards of the General Plan
and Development Code and provide direction to staff.
11.b. Consideration of City Policy and Regulations Regarding Placement of
Basketball Hoops in the Public Right-of-Way (ADAMS)
Recommended Action: Direct staff to continue with the existing practice
regarding regulation and enforcement of basketball hoops in the public right-of-
way.
12. CITY COUNCIL REPORTS:
This item gives the Mayor and Council Members the opportunity to present reports
to the other members regarding committees, commissions, boards, or special
projects on which they may be participating.
(a~ MAYOR TONY FERRARA:
(1 ~ San Luis Obispo Council of Governments/San Luis Obispo Regional
Transit Authority (SLOCOG/SLORTA)
(2~ South San Luis Obispo County Sanitation District (SSLOCSD)
(3~ Other
(b) MAYOR PRO TEM CHUCK FELLOWS:
(1 ~ South County Youth Coalition
(2~ County Water Resources Advisory Committee (WRAC)
(3~ Other
AGENDA SUMMARY -JANUARY 22, 2008
PAGE 5
12. CITY COUNCIL REPORTS (cont'd):
(c) COUNCIL MEMBER JOE COSTELLO:
(1) Zone 3 Water Advisory Board
(2) Air Pollution Control District (APCD)
(3) Fire Oversight Committee
(4) Fire Consolidation Oversight Committee
(5) Other
(d) COUNCIL MEMBER JIM GUTHRIE:
(4) South County Area Transit (SCAT)
(5) California Joint Powers Insurance Authority (CJPIA)
(6) Other
(e) COUNCIL MEMBER ED ARNOLD:
(1) Integrated Waste Management Authority Board (IWMA)
(2) Economic Vitality Corporation (EVC)
(3) Other
13. 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.
a. None.
14. 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.
15. COUNCIL COMMUNICATIONS:
Correspondence/Comments as presented by the City Council.
16. STAFF COMMUNICATIONS:
Correspondence/Comments as presented by the City Manager.
17. 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.
AGENDA SUMMARY -JANUARY 22, 2008
PAGE 6
18. ADJOURNMENT
All staff reports or other written documentation, including any supplemental material distributed to a
majority of the City Council within 72 hours of a regular meeting, relating to each item of business on the
agenda are available for public inspection during regular business hours in the City Clerk's office, 214 E.
Branch Street, Arroyo Grande. 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.
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 . r . r
City CouncillRedevelopment Agency Meetings are cablecast live and videotaped for replay on Arroyo
Grande's Government Access Channel 20. The rebroadcast schedule is published at . I - . .
~ ~ ~ ~
¦
~1
~ ~ ~ ~
~~~?r
V~HEREAS, the Civil Grand Jury consists of a panel of ~9 citizens vrhich serves the
citizens of the bounty of San Luis Gbispo far a one-year period after selection; and
WHEREAS, the individual brand Jurors are selected from a list of 30 volunteer
applicants that have been screened and qualified by the judges of the Superior Courk,
vrith final selection of the 19 obtained by randorrr drawingt and
VIrHEREA, the jurisdiction of the Grand Jury extends to all activities of local
government within the geographic limits of Sarr Luis Gbispo aun#y, including
publiclprivate transactions; and
WHEREAS, the Grand Jury is granted subpoena powers that ex#ends to records,
personsr and entities, and parallel powers to undertake independent investigations and
issue Public Reports detailing the results of these inves#igations; and to funs#ion as a
completely independent, autonomous body; and
WHEREAS, the primary function of the Grand Jury is to provide Independent oversight
into the efficiency, effectiveness, honesty and impartiality of government; and
INHEREA, the Grand Jury In a large measure relies upon public awareness and
responsiveness of the public to its Public Reports ~vhich detail its findings and
recommendations; and
1NHEREAS, it is believed that public awareness of the Grand Jury's function and
purpose can be furthered by governmental declarations of awareness.
1~0111I, THER~FGRE, BE 1T RESOLVED, that I, Tony Ferrara, Mayor of the City of Arroyo
Grande, on behalf of the City Council, do hereby proclaim February, 2008 to be "Grand
Jury Awareness llllonth," in order for all citizens to become better acquainted with the
purposes of the Grand Jury, to give a#ten#ion to the Grand Jury's public reports and to
encourage public participation in the Grand Jury process.
IN INiTNEaS WHEREOF, l have hereunto se# my hand and caused the Seal of the City of
Arroyo Grande to be affixed this day of January 2008.
o ~
~ IHC~RPURA~E4 pZ
?
Rt
TONY FERRARA, MAYOR dUI.Y 1/, 1411 1F
A en a Item 5.a.
Page 1
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 5.a.
Page 2
~
~ INCDRPQRA~E
- ~
~ ~
~ I~EMORANDU~I
T~: QTY oUNIL
FR~I; ANGELA I~RAETF~, DIRETO~ ~F FINANCIAL ERIII~E
~Y; FRANE R. HEAD, A~UNTINC UPE~111~R
#lBJET: ~NIDERATION of DAFT DIBU~EI~ENT RATI IATI~N
DATE: JANUARY
REo~I~IENDATION:
It i recommended the pity council ratify the attached listing of cash disbursements for
the period January ~ through January ~ , X008.
FINANCIAL IMPACT:
There is a ~~0,80~.~7 fiscal impact that includes the follovwring items:
• Accounts Payable checks 184~80~~ 3442 3~4,~0~.0
• Payroll checks Benefit checks 45,49.4
BAI~RoUND;
dash disbursements are made v~eekly based on the submission of all required
documents supporking the invoices submitked for payment. Prior to payment, Finance
Department staff reviev~rs ell disbursemen# documents to ensure tha# they meet the
approval requirements adopted in the Municipal bode and the pity's Purchasing
Poiicies and Procedures Manual of February 2000.
ANALYI of ISSUES:
The attached listing represents the cash disbursements required of normal and usual
operations during the period. The disbursements are accounted for in the FY2oo~-2ooS
budget.
ALTERNATIVES:
The follov~ing alternatives are provided for the council's consideration:
• Approve staff recommendation;
• Do not approve staff recommendation;
• Provide direction to staff.
Agenda Item 8.a.
Page 1
CITY COUNCIL
NIDERATI~N OF AH DIBUREI~ENT RATIFI~ATI~N
JANUARY ~~~8
PAGE 2
ACVANTAOE:
• The Finance Department monitors payr~ent of invoices for accountability,
accuracy and completeness using standards appraved by the Council.
• Invoices are paid in a timely manner to establish goodwill with merchants.
• Ciscounts are taken where applicable.
DIA~vANTACE:
No disadvantages have been identifiied as long as City council confirms all
expenditures are appropriate.
EN'VIR~NI~ENTAL REIIIEVII;
No environmental review is required for this item.
PU~L~ N~TIF~CATION AND COMMENT;
The Agenda was pasted in front of City Full on Thursday, January 1 ~aa8. The
Agenda and report were pasted on the City's webite on Friday, January ~ SODS. No
public carr~rnents were received.
Attachments:
~ . .~anuary 1-January 1 2DO8, Accounts Payable check Register
January 4, X008, Payroll Checks 8~ Benefit Checks Register
Agenda Item 8.a.
Page 2
~ N N ~ ~ ~ d ~ r
~ ~ ~ r ~ o~Q ~ ~ CAD ~ ~ ~
~ ~ ~ ~ r N c'7 l(~ ~
~ N
r
r ~
W
o oooa cv~~c~c~ca ~ ~ a o ~o 0 ocvcac~~noa
NNC~IC~~n o~oooooo ~'Q7Q~d)070} ~o ~ D D rD ap r('~~r~l~~l
C{? lC} I.[} 0~ ~ I~ ~0 C'r} 00 G~ D OD ~D ~ [V ~ r r r r
C ~ {D l~3 I~ r r {V r N C'? r I,C~ I#~ r r
7
0
f~ f~ f~ CO I~ I~ I~ ~ ~ I~ ~ f~ I~ I~ I~ I~ ~ I~ I~ I~ ~ I~ f~ f~
~ ~ ~ O~~ ~ ~~DDD ~ ~ Q ~ O ~ ~ ~ G~70~~0~
~ ~ ~UDd D OOH ~ ~DC]~D ~ ~ ~ D ~ D ~ ~ ~~OO~~
~ N NNNN N NNN CV NNNNN N N~ N N N CV N h3NNNCVN
~ ~I~~~I ~ ~ o O GO ~L7 I~ ~ ~!(pI~N{G{G
C r NNND D NrN ~ CVNC~00 CV ~ r ~ r r r ~ ~~1~VNr~
N N r €~I r r r r r CV r CV CSI ('~I CSI N CV l 'r [~i N N ~ ~ {~1 ~I ~ ~ CV
r rrrQ r~- r~rr r rrrrr r r r r r r r r rrrrrr
W ~
_ ~ ~ ~t~]~ ~~oo ~ ~ ~ ~
I~ CD OD OD 00 ~ Q Qy d7 di i!? ~ ~ ~ N N ~ C~
"
~ 00 C~ GO 00 00 ~i7 ~ C'? d0 ~ Op M C'] C~7 C~ C~ ~ f'~7 07 ~ f C~ ~ N
~ CD D C~ ~ ~ N ~ ~ CV ~D ~ ~ ~ ~ r-- r N ~7 ~ ~ ~t? tf?
J C~ C o a0 C~ ~ G7 c~ C~} C~ C'~ N ~ oo N cv C~ ~ c~ cV ~ ~ ~ ~ C'7 C''} ('r} C'}
~ d` t~ C~ C7 LL LL LL EL r ~ lC) x~ r N e- ~ ~ r ~ r r~ ~ ~
~ ~ ~
~ ~
~ ~
~ -
fl}
L!~
~ ~
~ ~ J ~ ~
_ IJYI ~
~ ~ _ ~
~ ~ W W
I~ W ~ Q ~ ~ ~
~ ~ W ~ ~ C7
~ ~ ~ ~ U ~ ~
l,U W ~tS ~ W ~ ~ W ~
~ ~ ~ ~ ~ ~ ~
~ ~ m
~ ~ u~ ~ ~ ~ c~ ~a
p l{7 r ~ ~ ~ iD CV ~
~ ~ oc) u~ (D ~ C~ u~ tV r~ o
c ~ u~ u~ ~ o ~ r u~ v
~ ~ ~ ~ ~ v ~ ~ ~ ca ~
c~ ~ ~ ~ ~ ~o ~ ~a ~
~ ~ a °a ~ °o °o °a °o °o °a
1~7 ~
~ ~ O ~ D D ~ O ~ ~ ~ O
r r r r r ~ r r r r-
r ~ ~ ~ ~ Q ~ ~ ~ ~ ~ ~
~ ~ CO C~ ~0 ~0 OQ ~0 00 OD C~
~ ~ ~ ~ ~ L~ Lt? k~ lC3 E(7 l~ l(}
#3 r t r r^.^ r ~ ~ ~ ~ r r ~
~ ~ v
~
~ ° Agenda Item 8.a.
Page 3
~V ~ ~ N ~ c0 ~ r 03 Q ~ C'? r i'~ ~ tV
~h I~ ~ ~ Cp ~ ~V ~ O ~ Q'y OD ~ ~ I~
~ GD I~ D 0.~ ~ ~ ~ ~ ~ ~7 ~ CO ~ ~ ~ ~
~ ~ op r M ~ Cr! r ~ ~ ~ CF} GD Id} Ga CA ~
~ ~ 00 (~I Q) r r ~ cD ! C~ ~ ~
~ C~? hl ~
L r
D N G ~ ~('r}N87 G r 0~ ~D ~ ~ GD1~] r D0}~CV~I~ ~ ~
'gyp ~D f~ ~ Q ~7 ~ ~ Gp ~ ~ N iD ~ ~ ~ I~ r GO ~ hl r OQ r I~7 ~ I~
~ ~ I~ ~ O OD D O I~ N ~ I~ tf) 0} ~ ~ ~7 hl I~ OD N ~ C'~ ~ ~ ~ ~ O
~ [V Q} r ~ r (D N l!7 r €V r r L ~1
0 ~ ~I
~ ~ ~ C~ D ~ C]C~~ ~ C? ~ OD ~ O ~ ~ ~ D C7~~~~ ~ ~
~ IV ~I ~I ~I N ('~I hl N CV {~I ~l N LEI h~ N N [~I N [V CV hl {~1 ~1 N {til N N
~ CV CV O ~ ~ r r €V LV ty C] N N D ~ r r Q (y r r r {V CV r hl ~
~ CV N r ~ N N N {til hl d? N N N N N CSI €'~I ~1 N N CO
r r r Q Q r- r r r~ r r r~ t- Q r r r r r r~ r- r r r r ~
~ ~ ~
~W ~ ~ o
~ p ~ ~ ~ rn o~ ~
~ ~ ~ CV CSI CV N ~ C~ ~ ~ ~ N ~7 oD ~ ~
~ ~ C~ ~ ~ ~ ~ ~ ~ C? r u7 D I~ E~ ~r- t~l ~ I~ lt'7 (V O
N ~3 Q Q r lf3 ~ N (~1 ~ r ~ 1r r r r r
~ ~ C'7 Cq ~ ~ M C~ c~? C"~ N M ~ D ~f N O C] ~ '~t ~t ~ ~ ~ ~ 00
~ I~ ~f] LL r ~ ~ ~ r ~ f~ I~ ~ r r CV CV ~ C7 ~l t"} C'} C'~ ~ ~
~ ~ ~
~ ~
ti
+u~
A Y
fhf
1 + . '
~ ~ ~ W ~ ~ ~ ~
r 1~
~ ~ ~ ~ W U J ~»>'IYVV// ~ ~ W W ~ ~
~ ~ ~ W ~ ~ ~ W W ~ ~
ti C~ [r} O ~ ~ ~ ~ ~ N CV ~ C4 ~ CD
0 r ~t' N ~ ~ r- I~ ~ ti7 [~7 4~ D
~ t~ Od cD li? c~ Cr? 03 CQ ~ ~ r N ~
C C] u? L~ ~ Q ~ (~1 ~ ~ N {'7 ~ Q ~ ~
~ ~ ~ ~ ~ ~ ~ ~ O C] D G7 ~ C] D D
~ ~ O ~ O ~ D O ~ D C~ C~ ~ ~
~0 OD GO 00 ~0 00 GQ OD OD OD CO GO Op GD GO
0 0 Q ~ D O Q O D O D ~ ~
0 0 ~ ~ O Q O~~ ~ O G O
N CV N ~1 CV ~I {'V CV N N CV N CSI N hl
~ ~ O C~ D D D S O D~~ O~ O~
~ r r r r t'^ r r r r r r r r r e'-
~ ~ ? C~ Q Q ? D ~ O O Q ~ ~ ~ ~ D
~ C] r' hl Cr7 {D o~ ~ C} ~ N C'") fit`
07 ~7 ~ ~ ~ Q3 Q) ~ 07 ~ ~ D C~
~ ' ~ ~ l~7 lC~ ~ ~f7 ~7 ~C? Lf? kC~ t{~ t~ (D (D CQ CQ ip
C~ ~ C
~ ~ ~
° Agenda Item 8.a.
Page 4
M ~ ~D ['7 ~ ~ ~ ~ CV I~ ~ ~ M
~ • • ~ ~ A~
~ ~ ~ ~ ~ l(~ C~ r L(~ {D N l"'V ~
~ ~ 1~ ~1 ~ r r ~
r r N
CVI~I~ ~Q~DD~~ O d? G9~Q]~CQNN?~~D~ u7~L'~ OIL D D
~ ~DN'~ C7 ~~~00~~ ~ ~ ~O~Q1~?r'~O~~I~C+7~ lf~C~(*~ G0~ C'~ 0~
• • ~ • t r ~ . . ~ • ~
a•+ Orl~ r q)rQ~l~ll~ ~ M ~~~~~~opo~c~~o0 o~OC~c~7 ~C~I N ~1
~ ~c"~7 ~G~7r iD117~{}NNN
F
~ r
~ O O~ O D DO~ODD ~ ~ ~ D~~~~~~~~L7 ~ O~ ~ ~ ~ ~
~ ~ O~ ~ ~ 0~~~~~ ~ O ~ ~DD~QC~~~~O ~ C~ ~ ~ ~
CV N CSI ill N N ~I L'~I N ~I ~ N N i'~I LV N CSI N N l~1 N hl hl hl ('~I N N i`~I hl N N
O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
N i~l~ I~ ~t^-I~~~~ Q~ C'~ ~ O~QO~~~~O~ I~ C~i"~1 r r Lf? p
~ r Q Q r r r r CV Cpl r r r r LEI (V ('11 N N {~1 ~I iV iV LV X11 D N CV CV
hl hICV CV CV NCVrrC~IN N N N N~INNNNNNN CV Ohl CV N N N
r r r r r r r r r r r r r r r r r r r r r e~ r r~ r r r r
W ~ a~ Dc~~~rt-~-~D~C~~ ~ ~
~ m ~ ~ ~c~t~cDc~o~c~~c~[v ~ ~
Z ~ ~ coin ~ ~ ~ ~ ~ ~c~c~r~~c~coc~c~c~ ~ a
~ ~ as o vv~~~o ~ oa ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ cv~ ~ ~ ~ cv
0) r~ ~ I~ O ~ ~ 0} ~o ~ C~ D ~ C7 ~ ~ C] C~ C~ C] ~ ~ ~ cD c~ O
p ~ (V [VNC~I~iNCVCVNN
r~^ s~^ rr~~r-r e- r ~ ~ C~~ ~ CO f~
.J C'3 = U U U ~n cv cv cv r ~ cv cv ~ ~ cv cv ~ cv cv ~ ~ ~ cv cv cv co co co ~ cv to
~'1 r rrrr~t t r r rrrrre-r^~-r~~"' N CVN CQ 00 I~ -
~ ~ ~
~ 0
~ -
7
~ W
~ ~ U
~ ~ ~ W ~ ~
C~ ~ W ~ ~ ~
Y ~ W W ~ ~
~ UJ ~ J ~ W ~
~ ~ ~ ~ ~ ~ ~ ~
W ~ ~ ~ ~
J ~ ~ ~ ~ ~ ~ ~ ~
~ ~ O u• ~ ~ u. C~ C~
~ ~ oo I~ u7 t~ N (D o0
0 o ~ N nl C'~ co ~ 00 ~
~ oD tV LD C'~ N C~ [~l CV
_ ~ C~ N ~ ~ C1G C7 ~ hl
~ a s m o o ~ a ~ o
~ o 0 0~ o ~ S a o
co ao a~ co ~o 00 00 00 00 00
~ o °v °v °o o °v ~ ~ o
~ ~
~ v o ~ o 0 0 ~ o 0
r t'-^ r ~ r- r r r r r ~
~ G7 Q ~ ~ r r r r r
~ ~ CO Co {o ~ {D cD Cp Co CD CD
~ ~i ~ ~ r r r r r r r r
Y
Q ~
° ~ Agenda Item 8.a.
Page 5
~ ~ r GO ~ I~ CO ~7 ~ ~7 ~ ~ D CV ~ ~
~ ~ LA LQ ~ ~ r r ![7 r-~ ~ ~0 D r ~
~ ~ N r ~ r 4V N C~ N C~ r ~ r ~
~ ~
U
r ~ I~ OD C'r? O ~ ~ O L1i OD O O ~ D Cr} 1~'1 ~I ~V l~ r ~D ~
~ ~ ~ [V r N CV ~ lt7 ~ r ~ ~~~~Nrr~~
~ ~f
] ~G ~ C~? I~ z- r L~7 r ~ 0~ Op r C'? Cr? CV ~ tD ~ [V N r r r
~ CV r l(~ r N N C'} [11 Cr} r Ly N r r- s~ r
0 ~
1~ l~ I~ ~ I~ I~ I~ f'~ I~ I~ I~ flQ I~ I~ I~ I~ I~ I~ CAD f~ I~ I'~ h ~ ~
~ Cy G O Q ~ ~ ~ Q C] ~ D ~ O ~O~C~ D O ~~~]OG~~D
~ O D ~ ~ ~ ~ ~ ~ O ~ ~ ~ ~ ~~D~ ~ D ~O~~~OOC~
~ hl N N LV CSI N N N N N N N N CSI N CSI N N N N N N N N N
~ ~ ~D ~ CV ~ ~ CO 00 {V {w7 LD r ~ D r ~D CSI Chi CV ~ O ~D r Cr} r
~ N CV r N hl r Cr} Q ~I O r~ C~ CSI r ~I N N N N r N
hl hl CSI D ~ CV r r CV CV CV ~ r r r r r Q N N LV N CV N~~
r r r r r~ r- +r-+ r r r-~ r ~ 1r-' r r r r r C'~ r r r t- r r r r
W
~ ~ ~ ~
C~ ~ ~ N D N C7 ~ ~ ~ c~ cp ~ ~ CD Q M ~ ~ ~ ~ p ~ CC
~ ~ Q) ~4 ~ C11 oD k(~ 00 N C~ ~ N i'wl LEI N N {D ~ ~ ~ i.0 ~ I~ C'7
~ ~ CD CSI ~ D r D r ~ C~ Q] CQ CQ CO 00 CQ C~ Cr] tw7 {r} ff? C'? Cr} cY?
~ (y r r r r t~'? ~0 CD Q ~ C] O O r Cy N {'V N ~1 CV CSI Cif i~!
~ ~ ~
~ ~ ~
~ ~
2
~
_ V
C3 ~
~ ~ ~ ~ ui
~ ~ ~
~ r~ ~ z
~ ~ ~ ~ w ~ J ~
m ~ ~ ~ ~ ~ ~
~ _ ~ ~ ~ ~ ~ ~ ~ ~ W ~
0 ~ J = ~ ~ ~ ~
~ ~ ~ ~ ~ ~ ~ ~
C~ w C~ ~ _ ~ ~ ~ ~ ~
~ D - w ~ ~
L RI r ~ ~ ~ ~ 0 ~ ~ ~ u~ [~7 0 ~
o ~ ~ r• ~ ~ ~ ~ ~ ~ ~ ~ ~ c~ cv
~ ~ c~ ~ c~ ~ ~ c~ ~ ~ ~ ~ c~ ~ u~ ~
~ a ~ cv ~ u~ o cv ~ o c~ u~ ~ co
~ ca v a a o~~ o a v a~~ o v
~ o 0 0 0~~ Q o 0 0~ a n v
~ a~ ~ ~ ~ ~ ~a ~ ~ ~ ~ ~ a~
~ ~ °v °o °o °o °o °o °o °o a °o ~ °o °o ~
~ ~ o a o 0 0~ o 0 0~ o~ o v o
~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ D
~ u] tp t~ 00 ~ ~ ~ N c+'7 ~ u7 c~ o~ ~
~ ' ~ ~ Cp 4D tD ~ ~ ~ ~ ~ ~ ~ ~ CD ~
~ ~ C~] C~] fi'] M c7 C~ t''~ t'~7 C'~ C~ c~ M C~?
~ ~ ~ r^- r r s~ r c^^ s- s~ r r r r- r- r r
~ ~
~ ~ ~
~ ° m Agenda Item 8.a.
Page 6
- ~ ~ N ~ ~ ~ N N O {D ~
F ~ ~ ~ r ~ ~ N
~ N r ~ ~ ~ ~ ~
ii ~ r li
~ N ~ LD N 0~ CV ~ ~ ~ ~ D r l~ N CD {D ~ ~ Q~ ~ 1~ 4) ~ G? ~7 ~ ~ ~
~ Q)~~f~N Cp G ~ODNr C? OQCV~ NIA ~~i7 O QrG7i'7i~I~I~Cfl~ ~D
~ CV ~0 [D C'7 ~ ~ CSI ~ GO ~ CF} r OQ I~ ~ ~D I~ r [Y7 M ~ N r OG ~ 00 OD I~ I.()
r ~ ~ ~G~~r N ~Nr ~N ~D ~ CD ~C~}C~I[V~r c'7
~ r t!! N 04 ~ ~p r
0 ~
r
~ O~O~~ O ~ D C? C] O ~ ~ ~ ~ ~Q~OOOD~ ~
~ ~~~0~ ~ ~ ~ ADO ~ ~ 00 ~ ~ ~ O ~ O ~~OD~~~~ ~
~ NNNNN N N N NNN X11 N NN N N C~ N N N IhINNNNCVN ~I
~t~[~1~C~ N M ~ ~D~f~ C~? ~ I~~ ~ ~ GD ~ ~ M ~~'atDCV~~N N
~ rNrrr r Q r rrr r rC~ N D r r ~ r rr~C~Qrrr
- NCVhINN N ~ CV NCVN N ~ O~ CV N C~ N r LEI (yN(yrrNhlN N
rrrrr e~ ? r re-~ r r rr r-~ r r r r r rrrr~rrr r
r ~ Gp
N ~ ~ ~ ~
~ ~ ~ ~ ~ ~ ~ ~ r
~ ~ I~ d' ~ ~ ~Q ~ r ~ Q ~`f
7 ~ N ~ CV Ch a ~ ~ ~
- C~ 0~ f~ ~ r ~ ~f? l{'~ !i7 r"` 1!7 C3? lf7 ~ N ~ ~ ~
~ ~ t~7 Cr} M Cr} ~ !D ~ ~ N ~V (V ~ C~ ~ I~ s~ e-- N LEI D r ~ r O ~ r r r- r
NCVNC~1[V LD ? t1 e-°rr r rr ~ r e- r
~ ~ ~
~
~ y0
~ ~
~ ~
~ U~ _
~ ~ ~ J
L~J ~ LL ~ ~ ~
~ ~ I~ ~ w ~
~ ~ ~ ~ C~
W ~ _ ~ ~ ~ ~
~ ~ ~ W ~ ~ ~
~ ~ ~ ~ _ ~ w
~ ~ ~ ~ ~ ~
~ ~ ~ ~ ~ ~ ~
o 0o r ~ ca o~ ~ N co
o ~ ~ co ~ cD ~ ~ ~ ~
c ~ ~ o ~ ~ ~ a ~ o ~
~ o a ~ ~ o ~ ~ ~ a ~
o v o 0 o a~~ o ~
~ v~ ~ o v~ o o v
o ~
~ a o 0 0 0 0~ o o ~
r r r r ~ r r ~ r r r
r ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~
~ ~
~ ~
~ ° .Agenda Item 8.a.
Page 7
~ ~ ~ O ~ I~ ~ ~ Q ~ r Q Cr} ~ ~ ~3 N ~7 ~D
~ ~ ~ ~ ~ N ~ N ~ ~ ~ ~ ~ ~ ~ N ~ ~ ~ ~
~ ~ N
t
~ C~ ~ ~ I~ D ~ O f~ r ~ ~ ~ ~ Q ~ N IF? G~ N ~ ~ ~
r Q ~ Q ~ C3 ~ I~ O O l~! O ~ D ill Q? LD i~ CSI ~ ~ I~
~ {D D ~ ~ ~ ~ x[} ~ ~ CV C+7 I~ r I~ C+7 ~ {p (D ~ r C~ C~?
~ ~ ~ CSI CSI {D r r N l[) G7 OQ OQ
~ rF Cy ~ I~ LG
~ ~ ~ ~ ~ ~ h ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ M
~ O ~ O ~ ~ D O O ~ ~ C~ C~ ~ CJ ~ D O ~ ~ ~ O~~
~ N N N [V ~I hl ~I N N N N N N N N N ~I ~I LEI N {V {11 N N
~ ~ r ~ ~ M GD f~ r ~ (f} r r r Q CD l~ r I~ ~ ~ ~
C hl 0 0 N O r Cy C~} ~ r r [V r N CSI r fi7 rr r r
N LV ~ r j ~ ~ r ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
CV N N {'V N (V r CV r N N N N N
t-~ r r ~ Q r r r r x~ ~ r e`er ~ r~ r r r r r r r r~
Q
~ r
~ ~ N ~ ~ N
W ~ ~ r CV
~ ao ~ ~ ~ ~ Z c~ c~ ~o ~
~ ~ N ~ ~ ~ ~ ~ D I~ ~ ~ ~ ~ ~ ~ i`7
d~ ~D ~0 (D C~ C'~ OD ~ Cw] tp ~ r ~p ~ ~ ~ CL) r ~ ~ ~
~ ~
~ ~ ~
~ ~
.i
~S W ~ W ~
V/
I
W ~ ~ ~ ~ ~ ~ ~ ~ W ~
~ W fJ} W ~ ~ ~ ~ ~ J W ~ W ~7
~ ~ ~ ~ ~ ~ ~ w ~ ~ ~ ~
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ w ~ w
w ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
~ t~ cD c~ ~ ~ ~ ~ cv ~ r C~ ~ ~ ~ o~ ~ tp ~ ~I7
0 t0 ~ ~ ~ C7 ~ C4 ~ ~ ~ C~ N N CV ~t C~i F~ i~ Cr?
~ N r ~ M c~ C~ CD C~ C~ ~D ~ ~ ~ N D ~
~ D ~ D ~ C~ ~ ~ ~ ~ G~ ~ ~ ~ D D D ~ ~ O
~ ~ C] C] ~ C7 ~ ~ O C~ ~ Q ~ C] D O ~ O ~ C7
CO CD oD c4 OD aD a0 oQ op oD a0 00 00 0o c0 oD o0 00 00 00
~ O ~ O O D O~ D D O A D D ~ ~
~ ~ O ~ D O ~ O ~ D D ~ ~ ~ ~ O ~ ~ ~ ~
N N LV N N {11 N hl N CV ~I N N N N N N N CV
~ O O O O D ~ C~ ~ ~ O ~ ~ ~ ~ D ~ O C7
r r r r r r ~C"' e° r r r z-- r r r r r r r
r ~ ~ O ~ ~ D O ~ O C~ ~ ~ Q ? ~ D ~ ~ ? ~ O
~ p ~ ~ ~ CD C~ C~ ~ C~ {0 LD ~ C~ CD ZD ~ [D C~ CQ iD LD ~ ~
~ ~ ~
D ~ Cf? C~ C~ L'r} C"`J t'~7 I'R7 f"~} f'~ C~? Cr? ~''7 C~ C~ C~ C~7
r r r s^- r- r r r r r r e^~- t- r t r r r
SC
~ ~ ~
~ O ~
Agenda Item 8.a.
Page 8
. ~ LV ~ I~ Q Q3 ~ ('r} r O CA C~ ~ ~ ~ CD D ~7 ('7 ~ . ,
~ l~ O ~ ~ ~ ~ fi~ u? cD ~ ~ ~ ~ N ~f? ~ cD ~ ~ ~
tai ~ r Q l~ CV ~ ~ LD LD OD N l~ ~ N ~ ~ I~ lC?
d ~ CV L11 r ~ CV CV ~ ~ r L'~ CV ~ ~
~ Cu ~ r ~ r
~ 1~ D ~ ~ D C7 ~ N C'} ~ ~ r r O C3 ~ Q ~ ~ ~ N ~ ~ r
OQ LQ r ~ I~ CV 1~ CV ~ Cp [p ~D N I~ O N ~ r ~ l~ ~
~ r r r N C~ L[} {D ~f } ~ r N ~I l~
~ ~j ~ r
l~ f~ l~ 1~ l~ l~ ~ OD CO f~ OQ ~ l~ f~ OQ Op GO l~ l~ f~ I~ OD
~ ~ ~ O C~ ~ ~ O ~ ~ O O O ~ ~ ~ ~ ~ D CJ O ~ ~ ~
~ N hl Cti CV hl N Cpl CV CV CV CSI N CV ~ hl N CV CSI CV CV N N N
~ G? A ~ N ~ ~ ~ N N ~ ~ ~ i ~ ~ ~ ~ 0~ ~ ~ 0~
~ hl CV r ~ Cy ['ri O ~ N r ~ ~ CV ~ CV ~ ~ ~ r {V ~ ~
~ CV r CV CV CV CV r r CV r Ctrl CV CV hl r r LV N N N ~
r r r r r-~ ~r- p Q Q rr- r r Q r C'] D r r r r p
C~ ~
00 CV
~ ~
~ ~ ~ ~ ~ ~ ~ ~ ~ o as ao Qo ~ ~ rn ~ ~ ~
Q) OQ GQ I.C~ I~ (p r ~ f~ ~ I~ ' ~ C11 I~ r Chi f~ C~ ~ O D 0} 'd"
~ M ~ ~ I~ N QO C7 D 00 ~ ~ ~ ~ GO G7 r ~ ~ kf7 ~ C~} ~ ~
~ ~ ~ L~ Cr! C~ L,C? OD C? ~ ~ ~
} r CV r 's"Y' r C~ r t~ tC7
~ CV r ~ f~ C~ ~ I~ ~ r U) C~ ~ r ~ N ~V N r {C7 f~
~ ~
~ ~ ~
~ ~
~
0
~ ~
~ ~ ~
~ m
~ ~
7
J
~ ~ ~ ~ ~
~ ~ ~ ~ ~ ~ ~ ~ W ~ ~ ~
J
'"7
W ~ ~ ~ W ~ ~ ~ ~ ~ ~ ~ ~ ~
~ ~ U~ ~ ~ ~ ~ W ~ ~ ~ ~ ~ ~ ~
m m oa m o m U U
~ ~ ~ ca ~ ca ~ ~ ~ ~ ~ o ~ ~n ~ ~t ~
o a ~ o cv r r~ ~ ~ ~ nl ~ ao ~ ~ rn ~ ~ ~
~ ~ co ~ ~ ~ o ~ ~ u~ rn ~ o v ~ ~ ~ r ~
~ cv o o r ~ r ~ ~ r u~ c~ ~ ~ ~ ca r ~ ~
~ v o ~ ~ ~ a o ~ a ~ o ~ o ~ a o ~ ~ ~
~ o~~~~ ~ o o a o~~ v a~ o a a
~ ~ ~ ~ ~ ~ ~ ~ ~ ~a ~ ~ ~ ~ ~ ~ ~ ~
0 o v o o~ a n~~ o a C~ ~ o v a
c o o~~ v o 0 0~~ o~ o 0 0 v
~ ~ ~ ~ r r r r r r r r r r r r r r
~ D Q Q ~ r r r- r r r r r r r r r ~ r
~ r ~ r r r r +r r r r r r r r r r +r- r r
r ~ ~ ~ ~ ~ O ~ ~ ~ ~ ~ D ~ C~ O ~ ~ ~ C] O
~ C~ r~ N C'~ C'7 ~ ~ 00 C~ C~ N ~ CD 1~
~ ~D CD CD C~ GO OD 40 CQ ~ ~0 6] 07 4) ~ C3] 0~ C~ C~
~ Q ~ Cr} C~7 c~7 C~'1 C~ C~7 M C'r} C~ f~ c~ cam] cY7 Cr? C~"~ C'7
~ f,1 ~ r r r r r r r r r ~ r r r r r s~ r r
.1C ~
0. r ~
° m Agenda Item 8.a.
Page 9
~ ~ ~G ~ M ~ D ~7 ~7 O ~ ~ ~ ~ ~p ~ r ~ O ~ ('~I O ~
~ ~D ~ ~ ~ OQ ~ r ~ ~ N 0~ r N ~ f~ ~ ~
~ ~ ~ [V r N ~ ~ r~- r-• l~7 L"~? N ~D hl ~
U
~ ~ ~ O D ~L7 ~ ~ GD I~ ~ ~ ~ LD ~ r ~ G~ N O O
~ ~ G7 O ~ CV I,f? Q Q ~0 N OQ I~ ~D ~ X17 C~ ~ ~ O ~
a ~ ~ ,
~ I~ CV r N r r LV N LD LV
~ ~ ~ LV N
I~ I~ I~ 1~ f~ 00 I~ Gp I~ ~ I~ I~ ~ GO I~ ~0 CQ I~ I~ I~ I~
4~ ~ O O D G ~ C,] O O ~ ~ D ~ O ~ ~ C~ D ~ ~ ~ ~ ~
~ D ~ ~ D ~ O ~ ~ ~ O O ~ ~ ~ O D ~ D ~ ~ ~ ~ ~
CV N CSI N N N ~1 N N N N N N N N N N ~ N N CV
G ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
~ cD ~ ~ 00 (D r OD ~ f~ ~ {V ~ ~ ~ (~I r^ CO I~ I~
~ CV ~ CSI CV ~I ~ D ~ N r"' t"' ~I ~ O ~ ~ r O ~ r Q r
N CSI G N N r N LV CV ~ CV LV r N r r Q N ~
r r r ~r- ~ ~ r Q r r r r s~ r D r p Q r Q r
r
Q
W ~ ~ r
~ ~ cv o c~v ~ ~ ~ ~ ~v
~ ~ ao r ~ ~ ~ c~ ~ u~ c~ co ~ ~ ~ ~ ~
~ 4rj [V I~ i tf? LEI 00 0~ f~l ~ ~ ~ ~ iD ~ ~
C~ C'? ~ r ~ ~ ~ C~? C~ O o0 N to N N C~7 tD ~ ~
~ ~ ~ C3 N ~ C''} C~} ~D OQ CSI ~f7 Q r ~ ~
.J C7 ~ ~ r co cv rn ~ ~ ~ ~ c~ ao c~ ~ ~ co r ~ ~ ~ ~
~ _ 2 ~ ~ cv r CJ ~ ~ r ~ N ~7 N N D C~ ~D ~ ~ ~
~ ~ ~
~ O
ti
¦
7
M
~ ~ W - ~ ~ ~
~ ~ ~
~ ~ LIB ~ ~ ~
~ ~ ~ ~ ~ _ ~
W ~ ~ ~ ~ ~ W ~ W ~ U
~ ~1 ~ a~ ~ ~ ~ ~ W ~
~ ~ ~ ~ ~ W W W J W U ~ ~ ~
J J ~ J W ~ W ~ ~ ~ ~ ~ J ~ ~
0 ~ W ~ W ~ ~ ~ ` ~ ~ ~ ~
~ ~ ~ ~ ~ ~ ~ ~ IJJ C~ ~ ~ ~ ~
C~ U U U U U C~ C~ ? ~ u~ u. u. t~ ~ ~ w
~ Gq (D OQ ~ Cy ~f7 C~ lf? r r ~D C? ~ ![3 CV ~{'3 ~ f~ ~
Q r f~ ~0 CD ~ ~ Cf7 ~ ~ Q? ~ (D hl LD (~7 {~r} f~ ~J ~
~ CV C'~ ~7 r oQ r-' s-- G1~ fp Q Cpl N r tL~ N tf) C'''? N I~ LV ~
~ r C1i C~ ~ (V ~ ~ CJ ~ ~D ~ ~ r C~ ~ N Cr? ~
m C~ G7 Q ~ ~ O ~ ~ 4 D D ~ C~ G D ~ ~ ~ O ~
J ~ C] ~ C~ ~ ~ C~ C3 ~ ~ ~ ~ ~ ~ C) ~ ~ ~ ~ ~ Q
00 0~ cQ OQ Op 00 ~0 0~ CQ CCU 00 OG 00 CO ~ ~ CG 00 ~
O ~ ~ CJ ~ ~ ~ ~ ~ ~ D ~ ~ ~ ~ O ~ O ~ ~ ~
~ ~ ~ ~ O D U D ~ O O C3 ~ ~ ~ ~ ~ ~ ~ ~ ~
~ ~ ~1 N N N N hl LEI CSI CV CV N N [V ~ Ltil N N N N N ~1
r r r r r r r r r r r r r r e~ r e~^ r r r r
r r r r r r ~ r r r r r r r r r r r r r
~ r r ~ r r r r r r r r r r r r r r r r r r
~ CQ Q"1 Q r CV C'~ l() ~ OD ~ C~ t~ ~ ~7 ~ I~ ~0
~ , ~ ~ ~ D ~ ~ O fl ~ O ~ r r r r r r r- r- ~
I"? Cr? C'7 M C~ C"~ C~ C"~ C~ C'~} Cr} f~7 Cr} C7 t'~ t'~
Y ~ r r yr r e°- r r r-` r r r•- e~^~ r r r r r r r r r
~C
r ~
~ ° Agenda Item 8.a.
Page 10
~ ~ ~Q CV r N ~ O r Q~ [V ~ G~
~ N ~ C~'! D ~ ~ I~ ~7 CSI hl
• ~ • ~ ~ ~
~ ~ N O ~ r ~ ~ Ch C~ ~ ~ ~
~ SC I~ (~I C7 ~ r d
~ ~ r
~[?Cr}~~ ~N C'70DI~~~~4~03~rNOD t1?C? N G~ O r N~I~~ N ~
~ N~~~ c"]I~C~3I~D~O~I~OQtDI~C'~~QO~ ~ ~ ~ ~ oO~cDN Ltil N
Q7MLD1 1~~3 Mf~C"~~~t('r}NN'r~I~I~~D~h1 ~ ~7 l(3 1~ f~~~~ LL? I~
~ 1~ {'7 0~ LV Cp r GD ~I ~V hl r r r r r r Lf) Cr7 ~ r r ~ ?
0 ~
~ ~ ~ ~ ~~~~~~~M~~~~ ~4 ~ ~ ~ ~ ~
v ~av o o ~ o000ooooov~v~~ ~ r~ ~ ~ moo o v
vva o o ~ va~~aoao~a~o~o a a o 0 oar v o
~ ocac~ r c~ ~ o~o~~~~voo~-~oo~a~-o~ cv r ~ oo ~ a~
~ ~ (V hl ~ C~IC~INNCVrrNNNNC~~INCtii ~ r ~ N CV~'~ C~~I ~
r rr~ r r O rat-~re-•QQrrrs--re-r ~ Q p r rrr r Q
d~
~7
t~ CV
~ ~ ~ ~
~ ~ r ~0
~ ~D ~ ~7
~ ~ ~J
~ ~ ~D ~ ~ C~ Q? (~l C~? 0) d? d0 N 1~ N ~0 Cr? CQ r ~ ~ ~ ~ ~ ~ CJ ~ ~
CV hl N r +~i ~f} I~ ~ C~ 0~ C~ ~ r N ~ C~ C1~ ~ Cp {'7 1~ I~ ~ ~ ~ C~ ~ ~
C~ ~ ~ ~t+'}~t'7Cy~f?~D~~~~~f7~f?~ C~ D C~ C'7 GD ~D~ ~ ~
~ ~ ~ OQ (~~pl~ C") ~ Cf?~?C'')C7Mfi'7MMC7[~?f~}~'?C7 N r ~ ~ I~~[~ ~ r
~ D ~C~CJ r r N ~CV~Q'}NNCVNC~IhI~I~{~t~ O~~ ~ O
~ ~
~ G
~ ~
0
~ ~
~ ~
~ ~
J
~ LLr
~ ~ ~
~ ~
W ~ ~ ~ J
~ ~ ~ ~ ~
~ ~ ~ ~ ~ ~
~ ~ ~ ~ ~ W
~ W ~ U ~ ~
~ ~ ~ ~ ~
~ W ~ ~ U =
~ ~ ~ ~ ~
~ ~ ~ ~ J W ~ 1.U ~
J W ~ ~ ~ ~
~ C'} C~ ~ ~ CD I~ 0~ CV 4 N
~ C] C7 ~ C~ C~ {p O C.~ C7 ~
~ D ~ C~ ~ ~ ~ ~ O ~
J ~ O O ~ ~ ~ O O
~ C~~I N N ~ N N N N N N
~ ~ rem r e- r r r r r r ~
'e" r s- r r r r r r r
~ ~ ~ ~ ~ O O ~ ~ ~ ~
~ ~ ~ r ~ C~7 ~ l~ 4D ~ 0~
~ N [V C~k N ~I N {~I N CV
~ Q ~ ~ t'~ ~ Cdr} ~ L~ i~ C~
~ ~ ~ r ~ r r r r r~ r tW-
Y
~ ~
~ ° Agenda Item 8.a.
Page 11
~ 0~ ~7 ~ Q O r D r 1~ D O M l~ D Q
r ~ ~ ~ ~ ~ ~ ~ O N O ~ ~ ~ ~ 1A O ~ r~
' ~ ~ ~ hl oD ~ ~ r ~[7 CV CV ~D GO lC? ~ G`~ ~ ~ '
~ ~ ~D I~ N ~ ~ ~ hl C+7 O ~ ~ 40 u? r ~G ~Q ~
~ iii r ~ Q? ~ N N N r r ~ ~ ~I ~
~ ~ ('r3 c~ N M ~ M r ~
~ ~ O ~ C~ ~D ~D r ~ ~ ~ O r ~ r O~ ~D ~ ~
~ ~ ~ N r r Q~ ~ ~ GO ~ hl ~ ~ I~ r O
~ lei N ~+0 CV ~ i.~ O ~ ~ N CV N CQ
~D I~ N r r ~ ~ N C7 D ~ ~ ~{7 r
C r CV r r ~ ~ CV N CV r r ~
~ ~ ~D iV ~ ~ Y ~ 3~
~ D ~ '4 ~
~
~
D
r~ oo co 0o ao ~o co ~ ~ ao ~ ~ ~ oo ~ ~ oo ~ ~
~ a ~ ~o~o ~ ~ o ~ ~ o o as a o ono
~ ~ ~ a avav v ~ o 0 0 ~ o ors ~ o
N N E cv cv rv cv N N N N N~ cv N N N N
o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
N N f~ r r~ rr~ r r- r Q r~- I~ CO ~ ~ ~0 ~D D
N O ~ D ~ ~ ~ ~ r ~'7 ~ CV ~ N ~ C'~ ~ ~
N r r r r- e~ ems- N r r N N r r (V r r ~
~ O ~ ~ OOC~ r Ca ~ r r r~ r r Q r ~
~ ~ N
~ ~ N Y ~ c~] 00 C'~ c~ o oa oo
~ li"j OQ ol7 C+7 GQ N I~ r ES) r r (1) CQ
~ ~ O ~ r C3 ~ G~ I~ C,] C] ~ N C] O
~ C~ ~ O ~ 'd` ~t 'fit` C'? ~ Q ~ ~r-- N N r 1~ ~ N
~ ~ ~ GO r ~ D ~ D ~ N r C~ C~ ~0 r ~ M N ~ ~
~ C] C~ N N C~i N r ~ ~ ~ O ~ f~ {rl N ~ f~
~ ~
~ ~ ~
~ ~
_ ti
+u~
=F
~ Lf) w ~
Y/ TF flr
W ~ U) W ~ W ~
~ ~ W
~ 2
w = ~
~ ~ w ~ ~ ~ t~ ~ ~ ~
- ~ ~ ~ ~ ~ ~1 w W l41
~ ~ ~ ~ ~ ~ ~ ~
oa r cv c~ hl CD ~ CO ~ a~ ~ cv
0 ~ c~ I~ ~ C7 ~ ~ c~ c~ cv co ~0 ~ rn ~
C N (D C] U ~ ~ ~ N r D O ~ ~
~ C~ ~ ~ O ~ G7 ~ ~ ~ D ~ ~ ~ ~ ~
J O ~ C? Q ~ ~ C~ O O O D ~ ~ D L
~ Op oD ~p CO CO fl0 OQ GO OD Op GO GQ GO ~
~ ~ ~ ~ ~ ~ ~ O ~ O O O ~ ~
O D~ C O Q~~ Q ~ D
N N N ~I N N N N N CSI N N N N ~
r r r r r r r r r r r-~ 1r- rr- ~
~ ~ r r r~- r r +r- r r r r r r r r
r r r r r r r r r r r r r C?
r ~ D~ O~ O D 0 4~~ G ~
U
~ {7i ~ r N C"1 I~ C4 ~ OD C'~ C? r N
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ T
~ ~ ~ ~ ~ ~ ~ ~ ~t ~t ~
~y 0 t~ t~ c~ r7 Cry c~ C''} t~ c~ C'''} c~ C'r]
~ r r r r r r r r r r r
~ ~ ~
~ ~ ~1
Agenda Item 8.a.
Page 12
ATTAC~lI~ENfi ~
DITY GF ARRGYD GRANDE
DEPARTMENTAL LABOR DISTRIBUTION
PAY PERIOD
~ 410 - ~ 227#~?
Q1 ~44f08
FUND 010 409,9 4.47 0~ salaries Full time ~ 88,74 .47
FUND 220 1 2.4G 5102 salaries Part-Tuna - PICT ~ 4,512.35
FUND 284 752.0 ~ 03 alarles Part-Time - TPT 8,44fi.14
FUND 285 782.E 3 5105 salaries CverTime ~ 5,453.41
FUND G1 ~ 5,6G9.78 51 d7 salaries standby 402. ~ 5
FUND 840 22,837.54 51 a8 Holiday Pay 41,004.72
45fi,498.54 51 Q9 dick Pay 8,372.47
~ Annual Leave Buyback
5~ ~ 1 Vacation Buyback -
~ 2 dick Leave Buyback -
~ ~ ~ 3 Vacation Pay 14,340.39
5 ~ ~ 4 Cam p Pay 4,445.52
5~ ~ 5 Annual Leave Pay 4,725.83
5~ 21 PERK Retirement 77,751.49
5~ 22 aciel security 21,fi72.50
5~ 23 PARR Retirement 283.6G
~2fi state Disability Ins. 874.8D
5~ 27 Deferred Compensation 52fi.41
5131 Health Insurance 50,421.55
5~ 32 Dental Insurance S,QSG.37
5~ 33 Vision Insurance 1,171.E 5
5134 Life Insurance 59.55
~ 35 Lang Term Disability -
5143 Uniform Allovuance -
5144 Car Allowance 1,187,50
548 Council Expense
5147 Employee Assistance -
5145 Boot Allowance
5~ 49 Motor Pay 75.x0
5150 Bi-Lingual Pay 204.44
551 Cell Phone Allovuance 427.50
458,408.54
Agenda Item 8.a.
Page 13
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 8.a.
Page 14
~ INCQRPQRIITED ~
o MEM~ANDUM
t~ ~
~ ,~u~r ~o, t~ ~ 1 ~
~ `
T CITY ~UI~CIL
FROM: ANE~A KRAETCH, DIRECTOR ~F FINANCIAL E E
BY: FRANCES R. HEAD, ACCOUNTING UPERVIOR
SUBJECT: CONlDERATIGI~ GF STATEMENT OF INVESTMENT DEPOT
DATE: .SAN VARY 2~, ~0~8
REOOMNIENDATIGN:
It is recormended the City Council receive and file the attached report listing the current
investment deposits of the City of Arraya Grande, as of December ~ ~ , ~g0~, as required by
Gavernrnent Cade section 34~b}.
FINANCIAL IMPACT:
There is na funding impact to the City related to this report. However, the City does receive
interest revenue based on the interest rate of the investr~ent~s}.
BAKOROIlND:
This repack represents the City's investments as of December 31, ~4g7. It includes all
investments managed by the City, the investment institution, investment type, book value,
maturity date, and rate of interest. As of December ~g07, the investment portfolio was in
compliance with all state lags and the City's investment policy,
ANALYI OF IUE:
Government Cade Section X46 requires the Director of 1=inanc~a~ services to submit to tie City
Council a monthly report, providing the following information:
~ , Type of investment.
Financial institution bank, savings and lawn, broker, etc}.
Date of maturity.
4. Principal amount.
b. Rate of interest.
. Current market value for all securities hiving a maturity of mare than ~ ~ months.
7. Relationship of the r~ronthly report to the annual statement of investment policy.
Agenda Item 8.b.
Page 1
CITY ~CUNIL
~N~DERATICN CF INVETI~ENT DEPCIT
JANUARY 2~, ~~~8
PACE 2
ALTERNATIVE:
The following alternatives are provided for the ~ouncii's consideration:
- Recommended A~fernafive -Approve staffs recon~mer~dation to receive and file the
attached report listing the current investment deposits.
- Do not apprave staff's recomn~endatian
- Provide direction to staff
ADVANTACE~:
Safety of principal is the foremost objective of the pity, Investments are undertaken in a
manner that seeks to ensue the preservation of capital in the overall portfoiio,
DIADI~ANTACEa;
Some level of risk is present in any investment transaction. Losses could be incurred due to
marketp~ice changes, technical cash flow complications such as the need to withdraw a non-
negotiable Time Certificate of Deposit early, or even the default of an issuer. To minimize such
risks, diversifications of the investment porkfolio by institution and by investment instruments are
being used as much as is practical and prudent.
ENVIR~NI~ENTAL RE11IE1IIf:
No environmental review is required for this item.
PUBLIC NTIFIATI~N AND ~~IIVIENT:
The Agenda was posted in front of pity 1~iall on Thursday, January ~ X008. The Agenda and
report were posted on the pity's website on Friday, January ~ 8, X008. No public comments
were received
Attachments:
1. Por~olio summary
Agenda Item 8.b.
Page 2
o~ o a o 0 0 0 0
C?~QO
~ ~ ~t 0 ~ N hI ~ N N hl hl ~ G
~ p ~ O~N~~G~ ~ ~
_ 4
O ~ ~ ~ 0
W ~
~ c°°
~ r L~
~ ~ ~
t
~ ~O~~O~D
~OD~OD
LVCVNNCVi~IN
L N~C~~~N~
L~ r_ r ~ ~
~ ~~~~`~a~`m
~ ~~2~~E
~
~ ~
~
~ ~
~ ooo~~~a
~ oo~oo~o
~
t r r t F r
W ° ~~~~~a
~ ~ ~ ~ ~m
~"o ~ ~ am
C~m~°
w
~c~ ~ ~
g ~ ~ ~
~ ~ ~
~.°a~
a a a a a a a o
~L ~ ~
O ~ ~ o~ G LA ~ C ~D cD Lf}
a
L~ c
~ ~ O O O O D O O r
. .
~ O 0 0~ 0 0~ O ~D
7 l~ ~00~00~ ~ ~!"1
GD ~0~~0~a~ ~ ~
~ D I~'? ~ r
0 ~ ~ ~
G9 b~9
0 ~
~ ~
4
z ~ ~ ~ E H
~ E w : ~ p p ~
~ ~ 4 [OC3o0
~ ~ _ ~ mm ~
J ~ ~ ~
~ ~ ~ ~ C ~ m ~ ~ C .
~ ~
~ ~
~ LL~~~C)
J ~
Agenda Item 8.b.
Page 3
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 8.b.
Page 4
IVI1 N UTE
REGULAR MEET~N ~F THE CITY ~~UNIL
TU~aDAY, NOVEMBER ~0~~
~UNCIL CHAMBER, S EAST BRANCH STREET
ARR~Y~ C RAN DE, CALIF~RN IA
~ . CALL TO ORDER
IUlayor Pro Tem Arnold called the Regular City Council meeting to order at 7:~0 p.m.
RILL CALL
City Council; Council fUlembers Chuck Fellows, Jim Guthrie, Joe Costello, Mayor Pro Tem
Ed Arnold and IUlayor Tarry Ferrara were present.
City staff Present: City Manager Steven Adams, City Attorney Tim Carmel, Director of
Administrative erviceslCity Clerk Kelly Uvetmore, Director of Financial
services Angela Kraetsch, Director of Public vVorks Don pagnolo, Director
of Community Development Rob strong, Director of Building and Fire llllike
Huber, Associate Planner Kelly Heffernan, Associate Planner Teresa
Mclish, Building official Johnathan Hurst, and Assistant Planner Jim
Bergman.
FLAG aALUTE
Allen ~livares and Jerry Kaufman, representing American Legion Post No. ~ ~fi, led the Flag salute.
4. II~1V~DATI~N
Pastor evrge Lepper, Peace Lutheran Church, delivered the invocation.
BPECIAL PREBENTATI~N
None.
fi. AGENDA REIII~V1~
fi.a. ordinances Read in Title Dnly.
Council Member Castello moved, fUlayor Pro Tem Arnold seconded, and the motion passed
unanimously that all ordinances moved for introduction or adoption at the meeting shall be read in
titfe only and all further reading be waived.
CITI~EN~ INPUT, ~~IVIMEIVTB4 AND UCCEaTI~Na
Bob Brov~nson, Asilo, expressed concerns about the eucalyptus trees located I~ehind Asilo street,
which he stated are extremely flammable. He requested that the Fire Chief survey the area to
determine potential fire hazards. He then referred to James ~Ilay and expressed concern about the
condition of the rand. He asked when James way was going to be repaved and sta#ed it was long
overdue. He also observed that the Brico Road item is the last item on the Agenda and requested
that items of significant community interest be scheduled earlier on the Agenda in the future.
8. C~NENT AGENDA
fUlayor Ferrara invited members of the public who wished to camrnent on any Consent Agenda Item
to da sa at this time. No public carnment were received.
Agenda Item 8.c.
Page 1
Mr'r~u~ea: pity our~cl! Meefir~g gage ~
Fuesday, November ~7, ~OOx
Mayor Ferrara requested that Items 8.c. and 8.d. be pulled.
Council Member Guthrie requested that lter~ 8.e. be pulled.
Action: Council Member Fello~us moved to approve Consent Agenda hems 8.a. through 8,i., ~uith
the eption of Items 8.c., 8.d., and 8.e., v~rith the recommended courses of action. Council
Member Guthrie seconded. City Attorney Carmel read the title of the Ordinance ~n item 8.h. the
motion passed on the follo~ving roll cal! vote:
AYES: Fellowt Guthrie, Costello, Arnold, Ferrara
NOES: Nave
ABSENT: None
8.a. Cash Disbursement Ratification.
Act: Ratified the listing of cash disbursements for the period November 1, 2a07 through
November ~ , ~Oa7,
8.~. Consideration of statement of Investment Deposits.
Act,,: Deceived and fled the repork of current investment deposits as of October 2aa~,
8.f. Consideration of Acceptance of the Picnic Shelter structure at Elr~ street Bark
Project, P 2Q0~-~5.
Act: ~ }Accepted the project irnprovements, as constructed by JP Construction, Inc, in
accordance ~vith the plans and specifications far the Picnic Shelter Structure at Elrn Street
Park Project; Directed staff to fie a Notice of Completion; and } Authorized release of
the retention as ailoed per the Public Contract Code and after the Notice of Completion
has been recorded, if no liens have been filed,
S.g. Consideration to Adopt A Resolution Approving an Application by Scott Trees to Drill
and Install a Replacement Irrigation Well on a Property honed Agriculture Preserve;
APN 00~-7~ 8~1 East Cherry Avenue.
Act: Adopted Resolution No. 403 a follavrs: "A R~OLCl~lON F T~'F CITY
~t1IL OF TNT CITY ~F ARROYO GRANDE APPROVING AN APFLICATIOIV BY
COTS TREES ~0 DRILL A REPLACENI~NT IRRIGATION VIIELL ~1V A PROI~fRfY
~O1VED AR1C[!LT#JRE PR~~RVE~ APN 0~1-1f ~-~07; ~7~ ~A~ ~#f~RRY AV~IV~IE
{STAFF NOr ¦
8.h. Consideration of Adoption of Ordinance Approving Development Code Amendment
base No. 0-005 to Change the honing for Five properties at the Northwest corner of
. Halcyon Road and Fair Oaks Avenue from Multi Family Residential Very High
Density to Office Mixed else; and Change the honing for tie Properties in the Vicinity
of . Elm street Near Poplar street from dingle Family Residential to
Condomin iumlTownhouse-M u Iti-Family.
Ac=: Adopted Ordinance Na. 593 as follows: `~A~f OR~I~VANC~ OF ~~fE C1TY CO#~~1Clt.
OF ARROYO GRANDE AFPROVlNC DEVELDPNIENT ODF ANIENDM~NT CASE NO.
00-005 TO CHANGE TFIE ZONING FOR TIDE I~ROPLRT~~ A T 3lD! 37'x; ~ ~S~ .
HALCYON ROAD 90~ FAlR OAIC AVENI~E FROM M[1LTIPLE FAMILY R~1D~N~'lAL
VERY 1~1C1Y DENSITY TO OFFICE MIXED ~1E; AND CI~ANOE ZONINC FOR THE
PROPERTIF AT ~~0~ X62, SOB, 'IGB~ X70, ~T4 X78, ~~0, f S5, f 90, f 4~ ~9~ . ~LNI
STREET & ~ X05 POPLAR STREET FRONT INGL~ FAN1fL Y RESIDENTIAL ~'O MiJL T'I-
~AMILY"
Agenda Item 8.c.
Page 2
Nfr'nutes: City ourrcl~ fee#ir~g Page 3
Tuesday, November ~l, 201
8.i. consideration of Approval of Employment Agreement pity Manager}.
Action: Approve the revised Employment Agreement between the City of Arroyo Grande
and Steven D. Adams and authorize an appropriation of ,4fi8 from the General un ,
IVlayor Ferrara requested a separate roll-call vote on Item 8,c. and stated he would abstain from
voting due to his absence from the Gctober 2~, 2g07 meeting.
8.c. Canideration of Approval of Minute.
Recommended Action: Approve the minutes of the Regular City CouncillRedeveloprnent
Agency meeting of Gctober ~a01, as submitted,
Council Member Costello moved to approve the minutes of the Regular City
Council~Redevelopment Agency meeting of October ~~ol, as submitted. Council Merr~ber
Guthrie seconded, and the motion passed an the following roll call vote:
AYES: Catelio, Guthrie, Fellows, Arnold
IVGE: None
ABEhIT: None
ABTAIIV: Ferrara
8.d. ~ons~deration to Purchase a ~1~-Tan Pick Up Truck.
Recommended Action: Authorize the purchase of a ~I~-ton pick up truck and the Extra Care
Extended Dare vl~arranty from Mullahey Ford at a cost of 18, g~,71.
Mayor Ferrara inquired about the City's purchasing policy as it relates to alternative fuel vehicles or
the potential for hybrid vehicles in order tv became less dependent on fossil fuels. He
acknowledged the information in the staff report that a propane truck had been considered, and
noted he had taken a look at flex-fuel ~gasoiinelethanol~ vehicles which did not seem to be very
practical. However, he said he came across the new ilverado truck hybrid ~gaslelectric} model
coming out next year and asked if Public Uvorks could delay the purchase of the proposed truck in
order to evaluate the new hybrid truck, Director pagnolo responded that he would be willing to
wait on the purchase of the proposed truck in order to evaluate the ilverado hybrid truck.
Mayor Ferrara moved to delay the purchase of the proposed truck and to direct staff to Iook at the
feasibility and timing of purchasing the new hybrid truck when it is available next year; and if it is
found not to be feasible, he recommended approval of staff s recommendation. Mayor Pro Tem
Arnold seconded, and the motion passed an the folla~ring rail call vote:
AYES: Ferrara, Arnold, Costello, Guthrie, Fellows
NEE None
ABSENT: None
8.e. onsiderat~on of A~rard of contract far construction of the Farrol~ Avenue
Rehabilitation Project, PIN 2~~7-04.
Recor~rrre~ded Action; 1 } Award a contract for the rehabiiitation of ~arrall Avenue and
waterline upgrades to Union Asphalt, Inc. in the amount of ~,831.Oa; 2} Award Bid
Alternate A as part of the contractt various concrete improvements, in the amount of
Agenda Item 8.c.
Page 3
A~ir~utes: ~f#y ~ourrci~ ~1ee#~ng Page 4
Tuesday, h~~vember ~l, ~~~T
$48,81 S.bO; 3} Authorise transfers in the amount of ~ 3, ~ oo.o~ from the Brisco Road
Rehabilitation Project, 3,900.00 front the East Grand Avenue Resurfacing Project and
X29,840.00 frorr~ the Miscellaneous striping, Crosswalks, Sidewalks and Handicap Ramp
Project toward the roadway improvements, concrete improvements and to provide for the
project contingency; 4} Authorize the transfer of vVater Fund funds ~n the amount of
~ 0,000.0o and vllater Facility funds in the amount of 10,000.0o towards the water line
replacement; and Authorize the City Manager to approve change orders not to exceed
the 10°l~ contingency of 58t185.oo for unanticipated costs during the construction phase of
the project.
Council Member Guthrie asked for cfarification on whether this proposal included approving the
striping of the bike lanes or whether it would be delayed. Director pagnolo stated the Council
would be approving the contract, which includes the bike lanes and striping. Council Mer~ber
Guthrie Hated there had been discussions with Lucia Mar Unified School District offcials and was
not sure if the residents on Farroll Avenue had been contacted. He stated he thought the bike route
had been moved from Farroll Avenue to Fair yaks. Director panolo recommended the Council
approve the contract since the bid was only valid for 3o days, and noted that the issue concerning
bike lanes would be considered at the Traffic Commission's December meeting where affected
residents v~rould be notified and invited to attend.
Council Member Guthrie moved to approve staff's recommendations. Mayor Pro Tem Arnold
seconded, and the motion passed on the fallowing roll call vote:
AYES: Guthrie, Arnold, Costello, Fellows, Ferrara
NEE: None
ABSENT: None
9. P~IBLiC HEARING
.a. Consideration of General Plan Amendment Case No. 0~-OOZ, Development Code
Amendment base No. ~~-a0~, and Approval to Issue a Request for Proposals for an
Affordable Housing In-Lieu Fee Nexus study; Appiicant: City of Arroyo Grande;
Location: ~itywlde.
Associate Planner Kelly Heffernon introduced Long Laymon, special legal counsel from Rutan &
Tucker, who gave an overview of the state's density bonus laves. Associate Planner Heffernon then
presented the staff report and recommended the Council ~ } Adopt a Resolution approving General
Plan Amendment Case No. 0~-002 to update the 2008 Housing Element regarding affordable
housing requirements for consistency with state law; 2} Introduce an Grdinance repealing and
replacing Chapter 18.80 of Title 1 G of the Arroyo Grande Municipal Code regarding the City's
inclusionary affordable housing requirements; Introduce an Grdinance adding Chapter 1G.82 to
Title 6 of the Arroyo Grande Municipal Code regarding the City's density bonus and affordable
housing incentives in accordance with state density bonus law; and 4}Authorize staff to issue a
request for proposals ~RFP} for an affordable housing in-lieu fee nexus study.
council asked questions of staff and legal counsel concerning the proposed Density Bonus
ordinance, including requests for waiver, modification, or reduction of development standards and
how "specific adverse impact" is defined Eby state law, GC section Bbb8.5}; elaboration of
Agenda Item 8.c.
Page 4
Nf~n~~e: ify ounc~f A~eefrr~~ Page 5
Tueaday, November ~1t ~p~T
Ordinance Section 1 ~.S~.ob~.G. concerning calculation of ~ density banes ~fanguage taken directly
from State statute}; clarification regarding the Council's discretion in approving projects and making
the re aired Endings knot regulating based on the density banes itself, but reviewing the project as a
q
whole, incfudin C~G~A review, to determine specific adverse impacts}; what the proposed
g ~ ~ I
affordable housing in-I~eu fee nexus study includes and its cost Ito deterrn~ne the appropriate, legs
affordable housing unit in-lieu fee; cast of the study is unknown at this time until a bequest for
Proposals is issued}; clarification of concessions versus incentives; explanation o~ proposed clean-
up legislation TSB 435} being considered to clarify end refine provisions in Section X91 ~
relating to density bonuses; and clarification about whether inclusionary housing requires that
affordable housing units be similar in design to the market units.
Mayor Ferrara opened the public hearing.
Bab Brownson, Aila, asked who pays for the oversight of the affordable units to determine who
qualifies far the units and how the units remain affordable when they are Bald.
City Manager Adams responded that while this is an unfunded State mandate, the City has some
funds earmarked for affordable housing administration including in-lieu fees and a ~ D°l~ set-aside
fund in the Redevelopment Agency budget a required by State law. He stated the City currently
has an agreement with the San Luis Obispo Hauling Authority to administer the affordable housing
program.
Hearing no further public comments, Mayor Ferrara closed the public hearing.
Council comments included support far the proposals as presented in order to be in compliance
with State law; that developers may develop mare moderate income units to rnafce their projects
work financially; acknowledgement that the City already has an inclusionary hauling ordinance in
effect and that the Mate mandate ray make it more difficult for developers to comply with the
changes; acknowledgement that the City has the opportunity to continue to evaluate project on their
own merits; that the City needs to provide for inclusionary housing and ensure the General Plan is
compliant with State lain; recognition that cities who did not have inclusionary housing ordinances
have made it more difficult far those who did; and acknowledgement that rr~ateriafly or procedurally
this would not change the way the Council approaches projects of this type and that the Council
should keep evaluating prajects on their merit while being mindful of the state requirement for
density bonuses, Mayor Ferrara requested that Ratan Tucker provide a summary of necessary
legislative clean-up language that has been identified regarding State affordable housing density
bonus lava, to be presented to the League of California Cities.
Ac~: Council fVlernber Guthrie moved to adapt a Resolution as follows: "A RECLUTICN ~F
ARE 1TY ~~UN~1L CF Tl~E 1~Y OF ARR4Y~ CRANDE APPRCV~NC CENTRAL PLAN
AI~ENt]MEN~ AE NC. Ol-~~~ T~ ~1P~~4 T#f~ 2~~ F#C~I1NC ~LEI~IE~VT RECAR~I~VC
A~F~RDABLE H~iJfNC REG~~fRE~1ENT FAR ~N~TEN~Y NV1T~I STATE LA~II". Council
Member Fellvvwr seconded, and the motion passed on the fallowing call-call vote:
AYES: Guthrie, Fellows, Costello, Arnold, Ferrara
N~Ea: None
ABSENT: None
Agenda Item 8.c.
Page 5
N1inu~e: City Council N~eetfng Pale ~
Tuea~ay, November 2T, 2041
Action: Council Member Costello moved to introduce an Ordinance a follav~s: "AN ORDINANCE
OE THE CITY COUNCIL. OF THE CITY OF ARROYO GRANDE REPEALING AND REPL.AC~NG
C#fA~TER ~ 6. SO OF TITLE ~ G OF THE ARROYO GRANDE Nf UNICIPAL CODE' REGARDING
THE CITY'S 1NCLUSIONARY AFFORDABLE HOUSING REQLI1RENfENTS". Council Member
Fello~rs seconded, and the motion passed on the follov~ring roll-call vote:
AYES: Costello, Fellav~s} Guthrie, Arnold, Ferrara
NGE None
AB~EIVT: hfone
Action: Council Member Castello roved to introduce an Ordinance as falla~us: "AN O14DlNANCE
OF T#~ CITY COUNCIL OF TIE CITY OE ARI4OYO GRANDE ~4DDING C1fAPTER ~G.~~ ~O
T1TLE OP THE ARROYO GRANDE NIUNIC~PAL CODE REGARDING THE CITY'S DENSITY
BONUS AND AFFORDABLE HOUSING INCENTIVES IN ACCORDANCE WITH STATE
DENSfTY BONUS LAINf'. Council Member Fellovus seconded, and the motion passed on the
follo~ring roll-call vote:
AYES: Castello, Fellovwr, Guthrie, Arnald, Ferrara
NOES: None
ABSENT: None
Ac=: Council Illlem~er Castello moved to authorise staff to issue a request far proposals ~RFP}
far an affordable hauling in-lieu fee nexus stud. Council Member Guthrie seconded, and the
motion passed an the follyring roil-tali vote:
AYES: Castello, Guthrie, Fello~rs, Arnold, Ferrara
NOES: None
ABSENT: None
Mayor Ferrara cafleaf recess a~ 8. ~ ~ p. rn. The oc~r~cil reconver~eaf a~ 8: rn.
9.~. Consideration of Adoption of an ordinance Amending the Arroyo Grande ~lunicipai
Code as it relates to Building end Contru~tion Codes.
Building Official Hurst presented the staff report and recommended the Council: ~ } Adopt an
Ordinance amending Arroyo Grande Municipal Cade ectian 8.a4.0~ 0 related to the adoption of the
California Fire Cade and Internatiana! Fire Cade, adding section 8.a4.0~a related to autoratic fire
sprinklers, amending ectian 15.a4.~~ a related to the adoption of the California Building Cade,
California Electrical Code, California llllechanical Code, California Plumbing Code, California
Existing Building Cade, and the international Property Maintenance Code and repealing and
amending provisions vuithin Titles S, 1 15 and 15 for internal consistency and clarification; and
Direct the City Clerk to file a Native of Exemption.
Ma~ror Ferrara opened the public hearing, and upon hearing no public comments, he closed the
public hearing.
Agenda Item 8.c.
Page 6
N~rrrufes: C1fy Cot~nci~ 1~eeting Page 7
Tues~fay, N~vern~er ~T, ~~~T
i n: Council llller~ber Costello moved tc adapt an Ordinance as follows; "ASV O~4D1NA1~CE OF
Ac~
THE CITY OOIJNClL OF ~F~E Cl~"`Y OF A1~ROY~ ORAIVDE ~4~lENDINO AI~ROY~ GRANDE
Mf1NIC1PA~. CODE EC~fON 8.~4.0~~ 1~ELATED TO ~'hIE ADOPT~~1V THE CALIRORN~A
AID ~~E~f~~ I IOI~~~ ~1~E CODE, ~IDDIN ~7EL~~1~~ ~.~1~.~~Il ~E~~ED
A~V~~~~~¦ V~ VI"i~~~1.I~~~1"1 ~V~~Y~ Vil~f V~~~1 ~~~A~" V~~~
B~!lLD~IVC BODE, ~4ND THE I~V~EF~NATf0~V~4L PROPERTY N1AfIVTENANCE CODE A~VD
REPEA~IC AID A~END~NO PROII~~OI~ Wf TFfI~V ~lTLE S, ~S AND ~fi FOR f~V~ERN~4L
CDIV~~TEIUCY AND OL~4R1P1C~4 TON" and direct the City Clerk to file a Notice of Exemption,
Mayor Pro Tem Arnold seconded, and the motion passed an the following roll-call vote:
AYES: Castello, Arnold, Guthrie, Fellows, Ferrara
NOES: ~ None
ABSENT: Nane
9.c. Consideration of X005, and X007 Community Development Block Grant ~CCBG~
~eallacation and Clarification of Facade Enhancement Program Grant Allowances.
Associate Planner Bergman presented the staff report and recommended the Council: 1}Adapt a
Resolution to amend the SOD-2007 CDBG Program tv reallocate ,19~.~ from unused facade
enhancement program grant funds to a CaurtlandlEast brand Avenue Recycle Center and ADA
improvement Project to enhance these facilities within the Arroyo Grande Town and Country
~Spencer's~Applebee's} Whopping tenter; end Authorize staff to administer the facade
enhancement program matci~ing grant allowance to increase the maximum from $x,000 to ~ x,000
per project or property, and expand the area to all properties within the Redevelopment Project
Area. Staff responded to questions from Council concerning unused grant funds and the proposed
projects.
Mayan Ferrara opened the public hearing, and upon hearing no public comments, he closed the
public hearing.
Council Member Guthrie provided the following comments:
- Supports basic concept of reallocating funding in the facade program;
- Stated that the proposed ADA ir~praver~ents tie ire wail with the chapping center; however, there
are other access issues with sidewalks and ADA ramps ire the pity that would be much better for
the carnmunity overall than the proposed project;
- Acknowledged timeframes required far reallocating the funding;
- Can support the proposed improvements to the recycling center.
Council Member Castello provided the foilvwir~g corr~ments:
- Inquired about the tine factor for reallocation of funding and whether other projects could be
identified and brought forward far consideration;
- Agreed with Council Member Guthrie about the need far ADA sidewalk and ramp improvements
in other areas of the City;
- Acknowledged that the sidewalk project within the shopping was a nice project; however, should
consider looking at areas elsewhere in the City for use of the funding;
Can support the proposed improvements to the recycling center.
Agenda Item 8.c.
Page 7
~lnutes: City Coun~i! ~eettr~g Page 8
Tue~~~y, Nowem~er 27, 2007
Council Member Fellows provided the fallowing comments:
Supports the proposed improvements to the recycling center;
Stated that although it would be nice to have a protected pedestrian path through the chapping
center parking lot; however, he stated there were other areas in the City where the public would
benefit rr~ore from a sidewalk than in this location; could support reallocating the funding to other
projects; .
- Provided suggestions for landscaping at the recycling center by planting taller shrubs and stated
a fence may not be necessary; stated there is a need far mere trees slang Courtland and would
like the ARC to review a landscape plan far the area.
Mayor Pra Tem Arnold provided the following comments:
- Agreed that the funds should be spent on sidewalk improvements in other areas of the City of
higher priority;
Suggested moving the concrete stops in the parking spaces to provide far a wider pedestrian
path;
- Supports screening of the Recycling Center.
IUlayor Ferrara provided the following comments:
No preference on use of trees or fencing around the Recycling Center as fang ac it looks nice;
hawever, he wants to see consistency with stylelcamplimenting themes ~i.e., facade
improvements at Cil's Market};
Can support considering other priorities for sidewalk improvement projects.
Council lVlember Guthrie recommended setting aside 5,g~a far screening the recycling center,
including the trees, and reallocating the remaining funds to other ADA sidewalk improvement
projects. Brief discussion ensued concerning the proposed distribution of funds,
Ac=: Council ~Ilernber Guthrie rnaved to adapt a Resalutian as follows: "A I4,~~~.~JTI~N ~F
TFI~ Cl~Y C~[J1VCfL 0~ TNf C1~'Y ARRGYG GRA~VD~ AIJTI~OR~II~IG A1VD
RfC~Nf~1~~fNG ~hl~ ~3GARD ~F ~JP~R~f~GR OF Thf~ C0~lNTY ~F SAN L~l1 ~BIPG ~G
RfALL~CA ~3~, ~Z.36 FRGNf C1~f[1~D I~ACAL~L ~NF#AENf~NT PROGRAM GRAFT
F[l~fD, A~VD A[JT#~RfI~ STAFF TO AD"fI~1~~R RACAD~ ~~VNAI~~~~1~~ NfATO~fII~G
V1~~ ALLOINA~VC~ f1YCR~i~7~ ~~f A,~~ r~~,000 P~~JE'C~
GR PROPERTY, A~VD ~CPA~D ?'FIB AREA TO ALL PROPERTIES W~~F#~N T~#~ RDA', as
amended to allocate ,D~o to the Recycling Center to remove blight and the balance of ~8, ~ g~.~
far sidewalk and ramp projects to remove architectural barriers. Mayor Pra Tem Arnold seconded,
and the motion passed an the following roll-call vote:
AYES: Guthrie, Arnold, Costello, FeIIQws, Ferrara
NOES: None
ABEIV~': None
~ CDI~TINUE~ BUSINESS ITEMS
~O.a. Consideration of ~risca RoadiHalcyor~ Rvadl~oute ~0~ Interchange Project Approval
and Environmental petermination Analysis and Alternatives,
Agenda Item 8.c.
Page 8
IIIlr"r~c~tes: ~lty ~ur~c~! Nfeetlr~~ Pale 9
Tuesafay, l~ovem~er 2~, ~0~7
Director of Public vlJork Spagnalo gave a brief overview of the status of the project and then
introduced Ravi Narayanan and Mark Rayback from IJIJaod Rodgers, Inc. Mr. Rayback gave a
presentation on the R 1Q~1BriscafHalcyan Interchange Improvements, including an overview of
the project's history dating back to ~ 997; the project's need and purpose Ito improve traffic
Qperations and queuing at Brisca Road undercrossing, to improve traffic operations and queuing at
Grand Avenue overcrossing, and to improve R 10~ ramp and mainline operations through the
pity}; review of the Project Report APR} Alternatives an overview of the phased approach
~STIP process, funding available, deadlines for subr~rittal}, an overview of lr~pravement Phase ~
Alternative 1A}; recommendations for discussion and request for direction in rnovir~ forward; an
overview of previously discussed PR Alternatives; an overview of Phase II {Year 200} options; an
overview of a new Alternative 1. Alternative ~ plus new hook aft ramp to Rodeo Drivelw. Wrench};
an overview of traffic and design challenges associated with Alternative ~ and discussion
concerning Galtrans design exceptions. Mr. Rayback and Mr. Narayanan responded to questions
from Council about Phase Il options.
Mayor Ferrara stated that traffic i dynamic in this area and he has been involved with many traffic
studies related to this project in and around this location far twelve gears. He spoke of the challenge
of the project; the increased intensity of uses that are prograr~r~ed along ll~l. Branch Street and not
having quick access to on-and off-ramps to a mainline ~freewa~}. He referred to Alternative ~ which
exacerbates the existing situation; said Alternative 1-A is a slight improvement; noted that
Alternative 2 was not feasible due to right-of-way issues and constraints with the bridge; stated that
Alternative 3 could work, however, altrans design exceptions impact this option; and did not agree
with mainline weave issues as determined by Galtrans. He then showed video segments taken
while driving northbound on 1 at N. 4t~ Street in Pismo Beech and its proximity to the exit at Price
banyan, noting that it is Glaser than what is being proposed in Arroyo Grande from Grand Avenue
to Radea; and northbound on 'l a1 in San Luis Obispo from Broad Street to Monterey Street to
demonstrate the chart distances between an- and off-ramps in San Luis Obispo bounty. He also
shored video segments going southbound from the dal Poly on-ramp to Marsh street to show the
chart distances between the ramps. He concluded by stating the pity needs to challenge ~altrans'
design exceptions in order to meet the community's unique traffic and surface circulation needs. He
emphasized that Caltrans design exceptions fail to address local street layout and circulation and
do not even attempt to address local driving needs. He stated he could support a phased approach
to include ramps at Rodeo, but would not want to lose any access to the rnainline~
Mayor Ferrara invited co~nr~ent frarn thane in the audience who wished to be heard on the matter.
Upon hearing na public comments, Mayor Ferrara closed the public comment period.
auncil questions and discussion ensued regarding the STIP funding cycle and required timelines
far submitting a project, haw much funding is available, and other countywide projects the pity
would be competing with far funding.
auncil Member ostella provided the following comments:
- Stated there was a need to widen the undercrossing at Brisca and could support closing the on-
and off-ramps at Brisca Road r
- vlfants to avoid an option that results in Level of Service E at year ~a~~;
Stated the phased approach is appropriate;
- Need some sort of relief to prevent stacking on vV. Branch; options presented to provide two left
turn lanes from Lamina Mercado would prevent stacking;
Agenda Item 8.c.
Page 9
~Ainu~es: r'fy ouncr'1 l~ee~in~ Pale ~0
Tuesday, h~ovember 21, ~00~
v1lould support narkhbaund hook ramp at Rodeo; need to pursue approval of design e~cceptian; .
- Daes not vuant to accept a project that results in Level of Service ~ in year 2022;
Does not want to duplicate on-and off'ramp patterns shown in San Luis Qbipo;
Need to find a solution to meet the City's traffc needs and to protect City streets and provide
access to the freeway;
- Supports Alternative 1.~4 in Phase I1 a preferred option.
Council Member Guthrie provided the following cer~ments~
Stated that redistribution of traffic can create problems, but it also salves problems, and noted
that cross town traffic problems almost stepped when the Brisca ramps were closed;
- Stated that Alternative ~ is the best Alternative; however, it would not be approved by Caltrans;
- Stated it would be best to retain the existing access;
- Expressed concern about missing the upcoming STIP funding cycle and waiting for the next
funding cycle in two years, and risking the entire project when some pardon of project can
potentially be approved;
- Supperts Phase 1 improvements;
- Need to decide if City wants to get in this STIP cycle now or delay far two years and pursue the
Rodeo hook ramps.
Mayor Ferrara clarified that the City could make the STIP funding cycle far Phase I Alternative 1A}
now and start pushing for the Rodeo option in Phase ll. Discussion ensued about phasing the
praject and Caltrans' willingness to process Phase l with ne approved Phase II option at this ti~rre.
The Council continued discussion on the various Alternatives and inquired whether they could defer
a decision on Phase II improvements. Rich Murphy, representing L~C~, stated that other
jurisdictions are in the same predicar~ent a far as identifying a preferred alternative in their
pra~ects; comr~ented on the STIP funding and recommendation process; and commented an
whether phased improvements would be approved by Caltrans.
Mayor Pro Tem Arnold provided the following comments:
- Stated that Alternative 1 in Phase I is the best option;
- Likes Alternative but recognized that realignment of vV, Branch Street writh the northbound on~
ramp at brand would not be approved;
- Likes Alternatives and 1.4 in Phase II and did not think it would cast that much mare money
to have the e~ctra on-ramp at Camino Mercado and to add the hook ramps at Rodeo Drive;
- Suggested five or six lanes under the Brisco underpass, which could include two left turn lanes
to get on to southbound 10~ that would alleviate stacking issues;
Supports including hank ramps at Rodeo Drive;
- Acknowledged that Camino Mercado on-ramp is impar#ant; does not like the idea of metering at
Camino Mercado;
- Interested in getting to the right praject rather than getting into this STIP cycle.
Mayor Ferrara provided the following comments:
Commented that the underpass could be expanded to four lanes ~rithaut reenginering the
grade on the mainline; noted that five or six lanes would require reengineering of the tunnel and
the freeway would have to be elevated, which is rnajar work and something Caltrans is nat
ready or able to do from a funding standpoint;
Agenda Item 8.c.
Page 10
Minutes: i"#y Councr"1 Nleeting~ Pale
Fuesds y, November ~l, X007
- spoke about vision as it relates tv cross-town traffic and future ne~v intensity of use along VII.
Branch street and Hated that steps needed to be taken now to include additional access to the
freevuay from high intensity areas;
- upporked going back to Alternative 1.4 and rethinking sane of the assumptions;
- Acknowledged the need to get the right project; however, he expressed concern about available
BTIP funding in the future
- Can support moving forward with a phased approach.
Based on the discussion, City Manager Adams recommended moving forward with Phase I
including an analysis and consideration of adding mare lanes to the underpass}and holding off on
Phase II to study and develop recommendations if it i determined feasible. if it is not feasible and
Phase II needs to be included initially, he suggested pursuing Alternative 1.4 as the City's preferred
alternative and accepting Alternate ~ .1 as backup if Alternative ~ .4 is not accepted by Caitrans.
Ao~: Council Member Guthrie moved to direct staff to pursue with L~C~C the possibility of
programming Phase l in the current TIP cycle and taking a second look at the traffic analysis far
Alternative 1.~ to see if the Year 2~0 rule can be rr~et, and to pursue Alternative ~ .1 as a backup if
Alternative 1.~ is not accepted. Mayor Pro Tem Arnold seconded, and the motion passed on the
following roll~call vote:
AYES: Guthrie, Arnold, Castello, Fellows, Ferrara
NEE: None
ABSENT: None
~ ~ . NEw BUINE ITEM
None,
~2. CITY COUNCIL REPORT
a, MAYOR TINY FERRARA:
San Luis Obispo Council of overnrnentslan Luis obipo Regional Transit
Authority ~L~OCIL~RTA~. L~C~ Board discussed issues regarding the
TI P funding cycle as well a other transportation and hauling related issues;
cornmi##ee have been meeting on the RHNA figures and reviewing criteria for
distribution of regional hauling allocation numbers. L~RTA has been working on
issues concerning the new maintenance facility and the maintenance and operation
contract related to the facility.
youth fan Luis Obispo County Banitatiort District ~L~CD~. The sanitation
plant is operating normally; same work is being lane in-house in order for the District
to save money; the Board unanimously approved the MOLT.
~3} ether. None,
b. MAYOR PRO TEM ED ARNOLD:
~1} Integrated Vllate Management Authority Board ~IVIIMA~. Discussed recycling
con#ainers and pursuing grant funds to increase con#ainers in parks and other public
spaces; discussed issues concerning medical waste disposal ~speci~cally
prescription medication} as it relates to water paliution and wastewater treatment and
a new educational campaign to discourage flushing and providing options for
disposing of medicines at pharmacies.
Agenda Item 8.c.
Page 11
Minutes: r'fy ~ourtcrl Nlee~~ng Page
T~eday, f~ovembe~ ~T, ~~DT
~2} Econorr~ic 1litality Corporation ~EVC}. The Board has tentatively awarded a
contract for the Tourism Study; expected to cost $~o,~oo; there will be some
potential for City participation at ~ cost; requested placement of the matter on a
future Council agenda for discussion
~3} other, None.
c. COUNCIL MEMBER JOE C~TELL~:
~1 }Zone 3 Vllater Advisory Beard. Met on 11 X15; reported that there are no updates on the
Habitat Conservation Plan; and implementation of the new treatment facility continues.
~2} Air Pollution Control District ~A~D~. Deets tomorrow.
Fire oversight Committee. Met 102; is interested in participating more in joint
services; will be studying further; cooperation between Arroyo Grande and drover Beach
in terms of training and er~ergency response is outstanding.
~4} Fire Consolidation oversight Cor~rr~ittee. No report.
~5} ether. None.
d. C~UNCit MEMBER JIM CUTHRIE:
~1} south County Area Transit SCAT}. No report.
{2} California Joint Powers Insurance Authority {CJPIA}.1~o report.
~3} ether. None.
e. C~UNCIt. MEMBER CHUM[ FELL~1~1:
~1} south County Youth Coalition. No report.
~2} County 1Nater Resources Advisory Committee ~VIfRAC}. Discussed water banking
concept; distributed draft final report on DVD to staff.
ether. None.
1. CITY COUNCIL MEMBER ITEM:
hlfayor Ferrara inquired about the status of the concerti 'rssues and City Manager Adams responded
that staff would be de~reloping new procedures and guidelines to address issues regarding
amplified music in public places.
14. CITY MANAGER ITEM:
None.
15. COUNCIL C~~IIMUNICATIONS:
Council Member Fellows referred to a recent music event at the Village green and supported
efforts to curtail this type of activity in the area,
1`AFF C~~IIMUNIATI~NS:
City Manager Adams reported on the status of the Uv. Branch Street closure due to a broken Lope
waterline by the contractor installing electrical to the City owned lot as part of the P&E Park and
Ride Lot project. He stated the County did not properly mark the waterline and the City believes the
County is liable for the cost of repairs to the road. He explained that County officials directed City
staff to submit a claim; therefore, staff solicited bids far the repair work on an er~ergency basis
without going through the formal bid process due to time constraints and the need to reopen the
road in a timely manner.
Agenda Item 8.c.
Page 12
Nlrnutes: City Council Nleetrr~g Page ~3
Tuesday, I~overnber ~7, ~~~T
1T. C~II~MUNITY C~I~M~NT AND U~~TI~N:
None.
~ 8. ADJ~URNI~~NT
Ma~~ror Ferrara adjourned the rneet~ng at 11:2o p.r~.
Tang Ferrara, IVlayor
ATTEST:
Kelly 1Netmore, City Clerk
Approved t ~ I~tg }
Agenda Item 8.c.
Page 13
IVIINUTE
PEIAL I~EETIIV ~F THE CITY LIIVIL
TUESDAY, DECEMBER ~ 1, ~~Ol
C~UIVCIL CI~AI~BER, 5 EAST BRANCH STREET
ARR~Y~ CRAIVDE, DALIF~RNIA
~ . RILL CALL:
Mayor Ferrara called the meeting to order at ~:~G p.m. Council Member Jim Guthrie,
Council Member Joe Costello, Council Member Chuck Fello~rs, Mayor Pro Tem Ed Arnold,
City Manager Steven Adams, and City Attorney Timothy Carmel ~rere present.
PUBLIC C~~II~II~NT: .
Nane.
3. CITY ~UNIL CLUED EI~N:
Council discussed Item ~.c. f first, then Item .b.
c. ~NFERENE VIIITH LABOR hIEG~TIAT~R pursuant to Government Cade
section 41.x:
Agency ~leotiator: Steven Adams, City manager
Represented Employees: service Employees International Union ~EII~}
Laval ~0
b. D~NFERENCE 1NITH REAL PROPERTY IVEC~TIAT~R pursuant to
Government Cade section ~49~G.8:
Property: APN: ~a~-1 ~~aa9; Located at 21~ N. Halcyon
Road
Agency Negotiator: Steven Adams, City Manager
Negotiating Party: 11CA youth County Animal Hospital Inc., A CA
Carp.
Under Negotiation: Price, Terms and Conditions of Potential
Purchase
Prior to discussion of Item ~.a., Mayor Ferrara declared a conflict of interest due to
ovunership of real property located near the subject property and left the roam,
Agenda Item 8.c.
Page 14
N1~nutes of City Cor~rrcil pec~a! Nee#fr~g
~ecen~~er 9 207
Page 2
. CITY COUNCIL CLUED EI~N {cont'd~:
CONFERENCE 111IITH REAL PROPERTY NE~OTiAT~R pursuant to
overnr~ent Code section 545.8:
Property: APN;s: X07-~ ~ ~.ocated at ~ 53g E. brand
Avenue; end g7~~~81-08; Located at ~5g5 E.
brand Avenue
Agency Negotiator: Steven Adams, City Manager
~legotiating Parties: NKT Commercial
Under Negotiation: Price, Terms and Conditions of Potential
Purchase
Mayor Ferrara returned to the speciai meeting.
4. REC~N11Eh~E T~ OPEN EI~N:
Nfayor Ferrara announced that there vua no reportable action from the closed session.
5. AD.~~URNI~ENT:
The meeting eras adjourned at 1:g4 p.m.
Tony Ferrara, Mayor
ATTEST:
belly etm~re, City Clerk
{Approved at ~ Mtg _ - }
Agenda Item 8.c.
Page 15
MIhfUTES
REGULAR IVfEET~NC OF T~fE CITY COUI~CILIREDEVELOPMENT AGENCY
TUESDAY, DECEMBER 1 Z~OT
COUNCIL CHAI~BERBs ~1~ EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
MayarlChair Ferrara called the Regular City CouncillRedevelopment meeting to order at 7:~9 p.m.
ROLL GALL
C~RDA: CouncallBoard Members Jim Cuthr~e, doe Costello, and Chuck Fellows;
Mayor Pra TemlVice Chair Ed Arnold and Mayor~Chair Tony Ferrara ~rere
present.
City staff Present: City Manager Steven Adams, City Attorney Tim Carrel, Director of
Adrinistrative ServiceslCity Cferk Kelly Vl~etmare, Director of Financial
Services Angela Kraetsch, Chief of Police Steve Annibali, Director of Building
and Fire Mike Hubert, Director of Parks, Recreation and Facilities Doug
Perrin, Director of Public 1Norks Don Spagnola, and Building Official
Jahnathan Hurst.
. FLAG SALUTE
Steve Cool, representing Rotary Club of Arroyo Grande, led the Flag Salute.
4. INVOCATION
Pastor Roberk Underwood, First United Methodist Church, delivered the invocation.
SPECIAL PRESENTATIONS
Mayor Ferrara announced that the East Grand Merchants Association held a decorating contest far
large and small businesses and he had participated as a judge. He announced the winners in each
category and expressed appreciation for the spirit and involvement of the rr~erchants. He noted that
awards would be presented to the winners at 9:4~ a.m. tomorrow at the Spencer's Market Center.
~.a. Presentation ~y Eovnomio Vitality CorPoratior~.
Mike Manchak, representing the Economic Vitality Corporation {EVC}, thanked Council Member
Guthrie and Mayor Pro Tern Arnold far their service on the EVC Board. He gave a presentation on
the background of the EVC and its foou and approach to attract and expand businesses; reviewed
program resources for stark-up, retention, and expansion of businesses; highlighted the EVC
partners, EVC sponsors, and r~icra-lawn fund contributors; reviewed EVC highlights in 2~~7, which
included a IIIJine Study; reviev~red results since inception of the Ioan programs; reviewed upcoming
strategies and pra~ect including economic impact studies such as a Tourism Industry Study; gave
an overview of the proposed Taurisrn Industry Study and noted that individual communities will
have an option far participating in a supplemental study; spoke about the economic forecast for the
County of San Luis Obispo; reviewed available EVC publications; and spoke about the EVC
website. He concluded by thanking the City far its continued support of the EVC.
AGENDA REVIE~II~
fi.a. Ordinances Read ~n Title Only.
Mayor Pro Teri Arnold roved, Council Member Guthrie seconded, and the motion passed
unanimously that all ordinances presented at the meeting shall be read in title only antl all further
reading be waved. A enda Item 8.c.
g
Page 16
Menu#es: ~ify o~r~c~llRe~evefopment Agency l~ee~~r~g Page ~
Tuesday, December ~ ~~Ol
7. DITI~ENS' ~~IPLlT, ~M~IENTS, AND SUC~ESTl~NS
None.
8. D~NSEIVT AGENDA
Mayor Ferrara invited member of the public who wished to comment on any consent Agenda Item
to do so at this time. There vuere no public comment received.
Mayor Ferrara pulled Item 8. m. for discussion.
Action: auncil~Board Member Fellows moved, and Mayor Pro TemlVice chair Arnold seconded
the oration to approve consent Agenda Items 8.a, through 8.1., with the recvrnmended courses of
action. pity Attorney Carmel read the titles of the two ~2y ordinances in item 8.1. The motion passed
on the following rail-call vote:
AYES: Fellouvs, Arnold, Costello, Guthrie, Ferrara
NOES: None
ABSENT: None
S.a. Cash Disbursement Ratification.
Act: Ratified the listing of cash disbursements for the period November ~ fi, aa7 through
November 30, X007,
8.b. Cvns~deration of Approval of Minutes.
Act: Approved the minutes of the Special and Regular pity council Meetings of
November 13, ~OOI as submitted.
8.c. Dvnsideration of Resolution Accepting the Status Report on Development lpact
Fees CAB-1 G~0}.
Ac=: Adapted Resolution Na. 4a~ as fallaws: `fA ~~~L~1~'~~1~ ~F THE Cl~'Y
~[1N1L OF THE ICY ~'F AR#~~Y~ GRANDE' AC~P~I ~H~ TAT~I I~EP~RT
8.d. consideration of Annual Financial Report -Fiscal Year ~~~G-07 Receipt and Use of
Water and Serer rapacity and Donnection FeeslCh~rges.
Act: Received and filed the annual report of the receipt and use of water and sewer
capacity and connection fees and charges, in compliance with government bode Section
Ofi01~.
8.e. Donsider~tion of Dancellation of December ~5, ~~~7 council I~eeti~g.
Act: cancelled the regularly scheduled council meeting of December 25t~ due to the
holiday.
8.f. Donsider~tion of Acceptance of the Redevelopment Agency's ~RDA~ Annual Financial
Reports. ~DD~RDA]
Ac=: Received and filed the respective RDA Annual Financial Reports for the final year
ended June 8a, 2aa7.
8.g. Donsideration of Agreement ?~rith DataProe, Inc. for Utility Bill Printing and ~Ilailing
Services.
Act: Authorized the pity Manager to execute an Agreement with DataProse, Inc., to
pravide utility bill printing and mailing services far the pity of Arroyo Grande.
Agenda Item 8.c.
Page 17
Nlinu~e; ~i~y Courtcr'flRedeve~~pr~errf Agency ~1ee~ing Page 3
Tuesday, ~ecem~er ~ ~~OT
8.h. Consideration to Authorise Award of Bid for Purchase of Fire and Emergency
services division Operations Room Vlforkstations and Partitions.
Ac=: Awarded bid to purchase ~rorkstation and partitions for the Fire and Err~ergency
services Division Operations Room to iIIlcAllister in the arnaunt of ~ 1,858.39.
8.i. Award of Contract for the Elm street Restroom ADA Upgrade Project, P111f-~~~~-~~.
Ao=: 1 } Approved the plans and specifications for the Eim street lestraam AAA Upgrade
Project; 2} Found that the bid proposal of T'. Cannon Construction in the a~rnount of
51,30~.~3 is nonresponsive and reject the bid; and 3} Awarded a construction contract for
the Elm street Restroom ADA Upgrade Project to California Coastal Development for the
bid amount of 15t089~88 and waive minor irregularities in their bid proposal; and 4}
Authorized the City Manager to approve change orders not to exceed the 19°lo contingency
of 7,~~9.Oa far unanticipated casts during the construction phase of the project.
8.j. Consideration to Approve Parcel Map AC ~4-OG1~4; Subdividing .94 Acres into Two
Commercial Parcels i.ocated at 1~5 E. Grand Avenue.
Act: Approved Final Parcek ~1ap 04-O14, subdividing .94 acres into two commercial
parcels located t 1315 E. Grand Avenue.
8.k. Consideration of Joint Reserve Firefighter Program and Amendments to the Reserve
Firefighter compensation Plan.
Ac=: 1 } Approved the propaed Joint Reserve Firefighter Programs and Adopted
Resolution No. 401 as follows: "A RESOLUTION 0~ T~lE Cf TY COUNCIL OR T~#E 1TY
OF ARROYO GRANDE ADOPTfN THE .1~~NT RESERVE 1~IRE~IGhI~TER PROCRANI
AND A1~IENDIN T#fE REE#~VE F114EEIHTER C~~1PENA TION PLAN'
8.1. Consideration of Adoption of Two Ordinances Amending the Municipal Code
Regarding Affordable Housing Requirements, and Adoption of a Resolution
Approving Program Regulations Implementing the City's Affordable Housing
Program; Applicant: City of Arroyo Grande; Location: Citywide.
Action: 1 }Adopted Ordinance No. 595 No. a falkows "AN ORDINANCE OF TIDE CITY
COUNCIL OF TIfE CITY OF ARROYO RANEE REPEALING ANA REPLACING
CNA~TER ~.8~ 01~ TI~'~~ ~6 OF T#f~ ARROYO GRANDE A~UN~CIPAL C(7DE
14EOAR~INC TIDE CITY' INCLUIONARY AFFORDABLE I~OUINC
REQUIREII~ENT"; Adopted Ordinance Na. 595 as follows: "AIV ORDINANCE OP TIDE
CITY COUNCIL OF TIDE CITY OF ARROYO GRANDE ADDING CI~IAPTER f~.8~ TC
TITLE ~6 DF TFIE ARF~OYO GRANDE I~IUNICIPAL CODE REGARD~N THE CITY'S
DEIVITY BONUS AND AFFORDABLE HOUSING fNCENTIIIE IN A CCORDAIVCE iIVI TIC
ETA TE DENSITY BONUS LAW"; and 3} Adapted Resolution No. 4958 "A RESOLUTION
OF T~fE CITY COUNCIL OF TIfE CITY OF ARROYO GRANDE ADOPTING PRO~R~4N1
REGULATIONS I~IPLEMfENTI1VG T#fE CITY OF ARROYO RANDE~ AFFORDABLE
HOUSING PROGRAM ANI] ADOPTING THE COUNTY OF SAN LUIS OBIPO'
AFFORDABLE HOU~IUG TAIV,DARD FOR DETERNIINA TIOIV OI* 1~1AX1NIUN1 SALES
PRICES AND RENTS FOR AFFORDABLE HOUSING UNITE"
S.m. Consideration of supplemental Consultant Contract for East Branch treetcape
Revised Project Cost Estimate.
Recommended Action: Authorize a supplerr~ental consultant contract v~rith C. P.
O'Halloran Associates, inc. to assist RRM Design Group with a revised project cost estimate
far East Branch Streetscape Enhancement,
Agenda Item 8.c.
Page 18
~1~]~f~'~r. CI~~I CD#~~C~~~RP+~@Ye~0~1?]ef~~ Agency INee~l~~ ~~~e ~
Tr~e~ay, ~ecelnber~ ~ ~O~T
In response tv questions from Mayor l~errara about the proposed project, Director Strong
responded that electricity and irrigation would be bid options far the project. Mayor Ferrara asked
staff tv provide a cost estimate for these items and he would take the information to the next
L~C~ meeting. pity Manager Adams Hated that the E. Branch Streetscape Plan eras tentatively
scheduled to be considered at the Council's January 8#~ meeting and staff ~rauld be prepared to
present the requested cost estimates.
Ac=: Mayor Ferrara maved to authorize a supplemental can~ltant contract r~ith C.P. 'Halloran
Associatest Inc. to assist RRM Design Croup with a revised project cast estimate for Branch
Streetscape Enhancement. Council Member Guthrie seconded, and the matian passed an the
follavu'rng roll call vote;
AYES: Ferrara, Guthrie, Castello, Fellows, Arnold
NEE None
ABSENT: None
9, PUBLIC NEARING
9.a. ~ansideration of Application for a New certificate of Public Convenience and
Necessity Applied far by Grover Beech Taxi.
Chief of Police Annibali presented the staff report and recommended the Cauncil adapt a
f~eolutian approving the request for a new Certificate of Public Convenience applied for by Leland
and Amy Simpson, dl~a Grover Beach Taxi.
Mayor Ferrara opened the public hearing and invited comments from those in the audience who
~rished to be heard on the rr~atter. Na public comments avers received and the Mayor closed the
public hearing,
Cauncil comments included support for approving the application for a new Certificate of Public
Canvenience and Necessity to operate a taxicab company under the name of ~~4-Taxi, expand to
six taxicabs, rename the business from drover Beach Taxi to ~4-Taxi, and transition the taxicab
valor scheme from red with yelia~r lettering to vub'fte with red and yellow reflective lettering.
Ac': Council Member Costello maved to adopt a Resolution as folio: "A RECL~1TlC~f CF
THE CITY C~#J1V~lL ~F THE GlTY 0~ A~RDY~ C14~4HDE I~A~1Tf1~~ A ~ CERT~FfCATE CF
P~J~LIC CCI~IJEIV~ENCE A ~D I~ECE~~TY TG 2~4: TA~CI, L.L.C. FAR THE ~~ER~4 Tf
~N CF ~4
TAXICAB SERVICE W~TH1 CITY LI1Vl~T CCNTINGE~VT UP~I~ FULL G~NIPLIA~UCE 1TH
~4LL C~N~lTf~H A~VC REQ~JIREI~E~VT OF TITLE , CFIAPTEI4 ~.7~ "TAXfC~4B" ~F THE
~4RR~Y~ CR~41V~E ~ltl~VEClP~4L CEDE': Cauncil Member Guthrie secanded, and the matian
passed an the following roll call vats;
AYES: Dastella, Guthrie, Arnold, Fellow, Ferrara
NOES: None
ABSENT: None
Agenda Item 8.c.
Page 19
Mr`rt~#e~ City Co~nc~llRedevefop~rent Agency Nee#ing Page 5
Tue~a y: ~ecer~~er ~ ~~~T
~ 0, CNT#NUED BUSINESS ITEMB
None.
~ ~ . NE1lU BUSINESS IT~~IS
~ 1.a. User Fee study and Resolution Esta~lishir~g a Citywide Master Fee schedule.
Director of Financial Services Kraetsch presented the staff repork and recommended the Council
receive and file the User Fee Study and adapt a Resolution establishing a Citywide Master Fee
Schedule, She then introduced the City's consultant, Chad Vvohlford, who gave a presentation on
the findings of the User Fee Study. Staff responded to questions concerning overhead costs and
Cost Allocation Plant current cost recovery rates; how long the study took to complete; and whether
fee studies have been challenged in other jurisdictions.
Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter.
Upon hearing no public comments, Mayor Ferrara closed the public comment period.
council comments included support for the proposed fee adjustmentst that it was important not to
fully subsidize the fees; that if there is a public benefit associated with a service, the City should
have full cost recovery; acknowledgement that while the User Fee Study did not compare the fees
v~vith those in other jurisdictions, City staff conducted a comparison of fees with other local agencies;
a suggestion that every staff member should have access to a dopy of the User Fee Study at the
public counters; that the City has been subsidizing a number of fees, particularly in the Building
Division; that the City has an obligation to be competitive with other agencies; that the Study was
thorough and comprehensive, assumptions were fair, and the proposed fees are fair and
defensible,
Ac~: Council Member Guthrie moved to receive and file the Full Cost Analysis of User Fee
Services for Arroyo Grande and adopt a Resolution as follows: "A 1~~CL#JTI~N TIDE' CITY
COUNCIL OI" T~f~ CITY CF ?4f~RCYC GRAI~D~ ADCPTIN TFf~ Cf TY' N1~4T~1~ F~~
CH~DUL~". Council Member Costello seconded, and the motion passed on the following roll call
vote
AYES: Guthrie, Costello, Arnold, Fellows, Ferrara
NCEB: I~fone
ABBENT: None
IVfa yar Ferrara called a recess a~ 8: 58 p. rr~. Tire Caur~crl reconvened a~ 9: 9 ~ p. rn.
~ ~.b. Fiscal Year 200108 First G~uarter Budget Status Report. [~C1RDA]
Director of Financial Services Kraetsch presented the staff report and recommended the Council
approve Carryover Appropriations shown in Schedule A and approve budget adjustments and
recommendations shown in Schedules A and B. Staff responded to questions concerning the City's
Reserve Fund goals; maintaining current service levels; property tax projections; the Triple-Flip
Vehicle License Fee ~VLF~; allocation of Proposition ~ B funding; staff interns; and delaying
purchases of City vehicles.
Agenda Item 8.c.
Page 20
M~rru~es: Dr'ty DouncrllRedevefop~ren~ Agency 1~ee~~ng~ Pa e G
Tuesday, December ? ~~OT ~
MayorlChair Ferrara invited comments Pram those in the audience who vrrished to be heard on the
matter. Upon hearing no public comments, Mayar~hair Ferrara closed the public comment eriod.
p
Council comments included suppork for the budget recommendations as proposed; concern about
assumptions gang forward and not waiting until year-end to re-evaluate; a request to review sales
tax assumptions local sales tax} and determining whether to reprioritize pra~ects; cancern about the
balance in the Reserve Fund and making it a Baal to focus an increasing the Reserve Fund,
Ac~;,: CouncillBoard Member Costefla moved to apprave Carryover Appropriations shown in
Bchedule A and apprave budget adjustments and recommendations shown in Bchedules A and B.
Council Member Fellows seconded, and the motion passed on the follov~ring roll call vats:
AYES: Castello, Felfows, Guthrie, Arnold, Ferrara
NEE None
ABSENT: None
11.c. Consideration of election of Council Member Fellows a Mayor Pro Tem.
City Manager Adams presented the staff report and recommended the Council appoint Council
Member Fellows as the Mayor Pro Tem for the next one-year period.
Ac„
t_: Council Member Castello moved to appoint Council Member Fellows as the Mayor Pro
Tern far the next oneRyear period. Mayor Pro Tem Arnold seconded, and the motion passed on the
follov~ring roll call vote:
AYES: Costello, Arnold, uthriet Fellows, Ferrara
lV~E None
ABSENT: None
~2. CITY C~~N~IL MEMBER ITEII~I
12.a. Request staff to Provide Information and Alternatives on Regulations Regarding
Placement of Temporary Basketball Hoops in the Public Right-of-lNay ~ARN~LD}
Council Member Arnold requested, and the Council concurred, tv direct staff to provide information
and alternatives an regulations regarding placement of temporary basketball hoops in the public
right ofway and place the matter on a future Agenda far Council discussion and consideration,
~ 2.b. Request to Place on Future Agenda consideration of a Resolution in support of Tom
Bradley commemorative stamp ~FERRARA~
Mayor Ferrara referred to a request by the League of California Cities Board of Directors to support
State and natianuvide efforts to urge the United Btates Postal Bervice to issue a stamp
commemorating the achievements and legacy of the late Tarn Bradley, farmer Mayor of Las
Angeles. He requested, and the Council concurred, to place the matter on a future Agenda for
Council considera~tian.
Agenda Item 8.c.
Page 21
Mr'n~#es: lty Co~r~cillJ4edevelopmen# Agerrc~ ~eetr'ng Page 7
~~esday, Decer~~er ~ 9, ~0~~
~ CIT1~ MANAC ER ITEMS
Nave.
~4. COUNDIL G~IIIIMUNIDATI~N
auncil Member Fellas inquired about the status of repairs to VII. Branch Street.
~ STAFF ~~~II~IUNiDATION
pity Manager Adams reported an the status of the repairs to IJII. Branch Streett explaining that staff
proceeded on an emergency basis to request bids and issue a contract. He stated the Public Works
Department received three bids and a contract vas issued to Taste Paving last Friday, He said
park ~rould begin an Monday and ~uas expected to be complete by Friday, the total cast ~rould be
~b,0~~, and the County has requested the pity submit a claim far reimbursement of the costs He
further explained that State Code, slang v~rith a previously approved pity Cauncii Resolution,
authorizes the City Manager to have the ~rork done an an emergency basis.
COIIII~IIUNITY C~M~IENT AND I~CCETI~N
Nave.
~T. ADJ~URNIVIENT
Mayor Ferrara adjourned the meeting at g:50 p.m.
Tony Ferrara, MayorlChair
ATTEST:
Kelly lll~etmore, pity Dleri~lAgency secretary
Approved at ~#g
Agenda Item 8.c.
Page 22
MINUTES
REGULAR I~EETINC OF THE CITY COUNCIL~REDEVELOPIVIE~VT AGENCY
TUESDAY, JANUARY 8, 208
COUNCIL CHAMEERS~ 2~~ EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor~Chair Ferrara called the Regular City CouncillRedeveloprr~ent Agency meeting to order at
7:~ p.m.
2. ROLL CALL
City CouncillRDA: CouncillBoard Members Ed Arnold, Jim Guthrie, Joe Costello, Mayor Pro
Ternlllice Chair Chuck Fellows and MayarlChair Tony Ferran were present.
City Staff Present: City Manager Steven Adorns, Acting City Attorney Mike McMahon, Director of
Administrative ServiceslCity Clerk Kelly vlletr~ort Director of Financial
Services Angela Kraetsch, Director of Public Ilvarks Don Spagnalo, Director
of Parks, Recreation and Facilities Doug Perrin, Director of Building and Fire
Mike Hubert, Director of Community Development Rob Strong, Assistant
Planner Jim Bergman, and Neighborhood Services Coordinator John King.
3. FLAG SALUTE
George Majoue, Ora~nd Knight representing the Knights of Columbus, led the Flag Salute.
4. INVOCATION
Pastor Robert Banker, representing Open Door Church, delivered the invocation.
5. SPECIAL PRESENTATIONS
None,
G. AGENDA REVIE'VV
8.a. Ordinances Read in Ti#le Only.
Mayor Pro Tem 1=allows moved, Council Member Costello seconded, and the motion passed
unanimously that all ordinances presented at the meeting shall be read in title only and all furkher
reading be waived.
7. CiTI~ENS' INPUT, COMMENT, AND SUOOETIONS
None,
8. CONSENT AGENDA
ayorlChair Ferrara invited members of the public who wished to carr~mer~t on any Consent
Agenda Item to do o ~t this time. There were no public comr~~nts received,
Mayor Pro Tem~Vice Chair Fellows pulled Item 8.h. far discussion.
Ao~: CauncillBaard Member Castello moved, and CauncillBaard Member Guthrie seconded the
motion to approve Consent Agenda Items 8.a. through 8.1., with the exception of Item S.h,, vtirith the
recamrnended courses of action. The motion passed on the following roil-call vote:
AYES: Costello, Guthrie, Arnold, Fellows, Ferrara
NOES: done
ABSENT: None
Agenda Item 8.c.
Page 23
~1r"mutes: pity ~ounclll~4edevef~pment Agency A~eetrng Page ~
Tuesday January 8, 208
8.a. dash Disbursement Ratification.
Act: Ratified the listing of cash disbursements for the period December 1, 207 through
December 3~, 2~O1.
8.b. consideration of Investment Deposits.
Ac_ tion: Received and filed the repack of current invetr~ent deposits a~ of Novernber 0,
2~0~.
8.c. ~onslderation of Resolution in Bupport of Tom Bradley ~omrr~emarative tamp
Ac~: Adopted Resolution lVa, 4g~~ as follows; "A RLS~Li1T"I~N ~F T1~P Cf
~#JNfL ~F ~1~~ ~1~"Y OF ARROYO RA~V~D~ fly StlPP~R~ ~F ~SLl1N A POSTAL
STAMP IN HO1~OR OF N1A YOP TON1 ~3RADL~Y~
8.d. consideration of Adjustment to Increase the Mileage Reimbursement Rate for
Employees and Volunteers. [C1RDA]
Ac: Established ~4.¢ per Mile as the employeelvolunteer mileage reimbursement rate
for the 2448 calendar year.
8.e. ~onsiderafion of Award of contract to t[ing concrete and construction, inc. for
Construction of the Poplar Basin Drainage improvement Project, P1N 201~~-~8.
Act: 1 } Awarded a construction contract far construction of the Poplar Basin Drainage
Irnpravement Project to King Concrete and Construction Inc, in the amount of 1 ~,~~2,5D;
Authorized the City Manager to approve change orders not to exceed the l.~°lo contingency
of ~ ,~D4.~~ for unanticipated casts during the construction phase of the project; Directed
the Administrative enrices Department to file a Notice of Exernption; and 4} Directed staff
to issue the Notice of Award and Notice to Proceed with other necessary contract
documents.
S.f. Oonideration of an Award of construction Dontrecf to Fence Factory, Inc. for the
dames Vl~ay Oak Habitat Nature Trail Fence Replacement Praject, Pw 2107-~8.
Act: 1 } Awarded a contract to Fence Factory, Inc, in the amount of 1 ~,7~~ far
construction of the James Vllay Oak Habitat Nature Trail Fence Praject; Authorized the
City Manager to approve change orders not to exceed the contingency of ~,7~ for use
only if needed for unan#icipated costs during the construction phase of the project; and
Directed staff to issue the Notice of Award and Notice to Proceed with other necessary
contract documents.
8.g. Oonsideration of Award of contract for the trother Park Restrovm ADA Upgrade
Project PV11-2~D~-~ 4.
Act: ~ ~ Approved the plans and specifications far the trvther Park Restrovm ADA
Upgrade Project, Pw 2407-14; 2} Awarded a construction contract far the trather Park
Restrovm ADA Upgrade Project to California Coastal Development for the bid amount of
~4,~~5~~'9 and waive minor irregularities in their bid proposal; and
} Authorized the City Manager to approve change orders not to exceed the ~0°l~
contingency of fi,477.~0 for unanticipated costs during the construction phase of the
project.
8.i. consideration of Report and Appropriation of Funds Regarding Award of Oontract to
Tvste Grading Paving for Emergency Roadway Repairs Resulting from V1~ater Main
Break on 1Net Branch Btreet.
Ac=: ~ } Reviewed report regarding the pity Manager's award of contract to Torte
grading 8~ Paving for $4,12,40 for emergency roadway repairs resulting from a water
main break on Vilest Branch Btreet, and; Appropriated 4G,g12.44 from the General Fund
Unappropriated Fund Balance.
Agenda Item 8.c.
Page 24
Nfr"mutes: tfy ouncr"11Redevelapment Agency ~1ee~1n~ Page ~
Tuesday, January 8, 2D~8
8.h. Considers#ion of Proposal far City shirt Program for Non-Uniformed office Personnel.
Recommended Ac#ion: Approve the proposed program far purchase of City shirts for non-
unifarr~ed office personnel.
Mayor Pro Teri Fellows stated that the proposal was a great ideas however, he had reviewed the
concept prior to discussions concerning the budget and expressed concern about committing funds
for the proposal this year. City Manager Adams noted that the proposed program was scheduled to
begin next year; noted that he was also concerned about the budget and is not recar~mending
funds be appropriated this fiscal year; and recommended the Council only approve the program in
concept. He explained that the Council would have another opportunity to review the proposal at
the end of this fiscal year and he would make a recornrnendation at that time based an the status of
the budget
Act: Mayor Pro Tern l=ellows moved to conceptually approve the proposed program for
purchase of City shirts far non-uniformed office personnel. Council Member Guthrie seconded, and
the motion passed on the fallowing roll-cal! vote:
AYES: Fellows, Guthrie, Costello, Arnold, Ferrara
NOES: None
ABEN~: Nave
. PUBLIC FIEAI~INC
9.a. Consideration of a Resolution Approving Amended Condi#ional Use Permit Case No.
Q~-~a~; Applicant -Brinker International {Chili's ~estaurant~; I~acation - 991 rancho
Parkway.
Assistant Planner Bergman presented the staff report and stated the Planning Commission
recarnrnended the Council adapt a Resolution approving Amended Conditional Use Permit al-gD1
to allow the use of an existing 4o square foot patio area for restaurant seating, with specific
conditions of approval relating to pedestrian irnprovernents. He explained that after review of
conditions of approval generated by the Planning Commission, staff recommended an alternative
Resolution that addresses pedestrian improvements consistent with the previously approved Pad I
Pedestrian lnhancement Plan. Staff responded to questions about AaA access, patio seating,
pedestrian access through the Center, crosswalks, and fending.
Mayor Ferrara opened the public hearing,
Robert Montgornery: applicant, representing Brinleer International, noted that they are leasing the
building and Investec is responsible far other improvements within the Center, such as the fencing
and crosswalks, He commented that patios were not typical for Chili's Restaurants; however,
fallowing the original approval of the Conditional Use Permit, it. had been determined that patio
seating would be beneficial due to the ocean views. He Hated that employees would be directed to
park elsewhere in the Center to accommodate customer parking in front of the restaurant. He
believed there would be sufficient parking for its customers. He expressed appreciation far the
Council's consideration of the Amended Conditional Use Permit to allow use of the patio.
Agenda Item 8.c.
Page 25
Minute: City Cour~~iflRedevefopr~er~t ~4gency N1eering Pale 4
Tuesday, January S, ~00~
Steve Ross, harden Street, inquired about anticipated peak hours of operation for Chili's
Restaurant and how it would compare to Trader Joe's, Ike also spoke about the crosswalk across
Rancho Parkway, it's alignment, and hvw it impacts ADA access.
Mayor Ferrara commented that Invstec has gone out to bid an the traffc improvements previously
approved in the Pedestrian Enhancement Plan far Phase II of the Five Cities Center.
Upon hearing na further public comments, Mayor closed the public hearing.
Council comments included support far use of the patio for restaurant seating; support of staff
recommendation that addresses pedestrian improvements consistent with the previously approved
Pad I Pedestrian Enhancement Plan; a suggestion to use stamped concrete, instead of painted
dines, for the crosswalks to maintain consistency with other crosswalks at the Center; that traffic flow
should be reviewed following the opening of the restaurant to determine whether speed bumps} in
the parking lot ere warrantedt a suggestion far placing crosswalks at various locations in the parking
lot; and concerns about the use of outdoor heating and the need to be mare energy efficient.
Ac~ tia~n: Council I~ernber Costello rnaved to approve staff's recomrr~endation to adapt an alternative
Resolution as proposed: as follows: "A RL~~[lT~N ~F TF~~ 1TY ~OUIV~L 0 T~#~ CITY 0~
PA14fCINAY". Council Member Arnold seconded, and the motion passed on the fallowing roll cell
vote:
AYES: Castello, Arnold, Guthrie, Fellows, Ferrara
NDES: None
ABSENT: None
~0. CONTINUED BUSINESS ITEM
1 ~.a. consideration ~f Btriping Revisions far tMe Farrell Avenue Rehahili#ation Project, Pw
2~g~-04.
Director of Public v~orks Spagnolo presented the staff repork end recommended Council approve
the Traffic Commission's recommendation to install bike lanes on Farroll Avenue in both directions
for the entire length of the project except for the norkh side of the roadway between South Halcyon
load and 1Nalnut Street, and place "Bike Route" signage accordingly,
Mayor Ferrara invited comments from those in the audience who wished to be heard an the matter,
and upon hearing no public comments, he closed the public comment period,
Council discussion ensued regarding the various bike route segments and signage; a
suggestion far creating an alternate route to Fair yaks Avenue; delaying installation of the bike
lanes an Farroll Avenue between . Elrn Street and . Halcyon Road at this time and directing
staff to further review alternative bike routes, inciuding a connection to Fair yaks Avenue; and
support far striping bike lanes an Farrah Avenue from the City limits tv . Elm Street.
Agenda Item 8.c.
Page 26
~linute~: ~~ty ~ourrci~IRedeve~~~an~en~ ?4ency fee#r"ng Page ~
~uesd'ay, January a, ~~08
Ac~ tivn: council Illlerr?ber Guthrie moved to direct staff to stripe the hike lanes an Farrall Avenue
from the Dity limits to . Elm Street and to further direct staff to review the potential to connect from
. Elm Street to Fair yaks Avenue. Mayor Pro Tem Fellows seconded, and the motion passed
on the follovwring roll-call vote;
AYES: Guthrie, Fellows} Dosteilo, Arnold, Ferrara
NoE None
ABSENT: None
~ ~ . NBI~U BUSINEaS ITEM
~ ~ .a. onsidera~ion of Status deport aid Future Direction of Neighborhood Services
Program.
pity Manager Adams presented the staff repork, which included a status report of the Neighborhood
Services Program. He reviewed the background of how the program was established, the scope of
services, end the results since the inception of the program. Director of building and Fire Hubert
gave an overviev~r of the purpose of the Neighborhood Services Division, which is to receive,
address and resolve any inquiries or concerns regarding the well being of the community, and
reviewed the various categories of common Dude violations. Neighborhood Services coordinator
King then presented a case history dating back to 2~~~, a case summary including type of violation,
number of complaints, and number of cases resolved; reviewed the number of known illegal
secondary units dating back to 2~D~; explained that the Police Department enforces vehicle related
violations and had a S°lo voluntary cor~pliance rate in 247; and displayed a number of "before„
and "after" pictures of various cases. Dity Manager Adams concluded by reviewing current issues
related to the Neighborhood Services Program and recommended the council direct staff to
continue with the current structure of the Neighborhood Services Program; 2} Approve the
proposed strategy to annually identify priorities for proactive enforcement; and 3} Identify illegal
temporary banners and signs as the priority enforcement item for 2~~8.
Douncil discussion ensued concerning continued enforcement of all violations in addition to the
identified priority far proactive enforcement; concern about illegal garage conversions as it relates to
life~safety issues and continued efforts to achieve compliance; whether temporary signs and
banners are the most important code enforcement issue in the pity; clarification that vegetation
management cases are also handled through the Fire Department; and clarification concerning how
vehicle violations are enforced.
Mayor Ferrara invited comments from those in the audience who v~rished to be heard on the matter,
and upon hearing no public comments, he closed the public comment period,
council comments included support for the Neighborhood Services Program and its current
structure; acknowledgement of the success of the program; support for the proposed strategy to
annually identify priorities far proactive enforcement; acknowledgement of the proliferation of illegal
temporary signs and banners throughout the pity and identifying enforcement of this issue a the
top priority far ~0~8; support far incorporating a public education component and encouragement to
utilize channel 2D for educational programs relating to the Neighborhood Services Program.
Agenda Item 8.c.
Page 27
A~~nute: arty ouncillJ4ea~eve~oprner~~ ?4gancy ~fee~r'ng Page
Tuesday, January 8, 2~~8
Ao~: Mayor Pra Tern Fellows moved to direct staff to continue with the current structure of the
Neighborhood services Program; approve the proposed strategy to annually identify priorities far
proactive enforcement; and identify illegal ternparary banners and signs as the priority enforcement
item far 248. Council Member Guthrie seconded, and the motion passed on the following roll call
vats:
AYES: l=ello~rs, Guthrie, Castello, Arnold, Ferrara
NEE Nave
AGENT: None
12. CITY COUNCIL ME~I~ER ITEM
a} Request to appeal Planning Commission's approval of Architectural Review Gase 07-00~ to
construct a new 2-story single family harne on a ~,99~ sq. ft. !ot at the southwest corner of
Whiteley and Ids streets ~FERRARA}
Mayor Ferrara explained his basis for requesting an appeal of the Planning Commission's approval
of Architectural Review Case a~-a07, He expressed concern about interpretation of the Village
Design Guidelines and stated that he wanted to focus an policy issues related to interpretatian of
the Guidelines. Fallowing brief discussion, the Council unar~irnouly agreed to appeal the project.
Mayor Pro Tem Fellows requested that staff include inn the staff report the square footage of the six
near homes in the Village located near the project.
13. CITY MANAGER ITEM
None.
~4. COUNCIL C~MNIIlN~CATI~N
Mayor Pro Tem Fellows requested continued discussion at a later date about outdoor spade
heaters.
Mayor Ferrara announced he would be out of town during several upcoming City events and
requested Cauncil representation in his absence, Council Member Guthrie stated he would attend
the Parks and f~ecreation Volunteer Banquet on Friday, January 18#h; Council Member Castello
indicated he would also try to attend the Parks and Recreation Volunteer Banquet; Mayor Pra Tem
Fellows stated he vwrould attend the Firefighter of the Year Banquet on Sunday, January 2lth; and
Council Member Guthrie stated he would attend the ~har~ber of Commerce Annual Installation
Banquet on Thursday, January 1l#h. Mayor Ferrara thanked the respective Cauncil Members.
~ S. aTAFF C~rIIIMUN~CATI~N
None.
~G. COMMUNITY C~NlII~ENT AND UCETl~N
Nane.
~T. ADJ~~JRNMENT
Mayorlhair Ferrara adjourned the meeting at 9:43 p.m.
Agenda Item 8.c.
Page 28
N1~nufe: ~i#y ~auncrllRedeveFQp~rer~~ Agency N~eefirrg Page
Tuesday, Janr~ary 8f ~~Q~
Tony Ferrara, I~ay~r~~hair
ATTEST:
Kelly I~~letmore, pity IerklAgency secretary
{A~proved at ~ I~tg ~
Agenda Item 8.c.
Page 29
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 8.c.
Page 30
~ ~~a~~a~~r~~ ~Z
- ~
~ ~
~ „~Y,o,~~„ MEMORANDUM
~
~~FO~~
TO: CITY D~UNCIL
FROM: DON PAONOL~, DIRECTOR PUBLIC VI~ORI~IITY ENC~NEER
BY: VICTOR DEVEN,AOCIATE CIVIL ENGINEER *DEIIELOPMENT
SUBJECT: CONSIDERATION TO ADOPT A RESOLUTION ACCEPTING
EAEMENT~ AND IMPROVEMENT FAR C~NDITI~NAL USE
PERMIT AE NO~ Ofi-009 AND LOT LINE ADJUSTMENT CASE NO.
O-003, APPLEBEE', LOCATED AT ~4~~ E. GRAND AVENUE
DATE: JANUARY 2~~8
RECOMMENDATION:
It is recommended the Council adopt the attached resolution accepting the public
improverr~ents and the public water main easement offered by RCl Realty for the
Applebee's project. ~ .
FINANCIAL IMPACT:
There is no financial impact. Maintenance of these facilities will be funded from Public
vllorks maintenance funds ire future years.
BACKGROUND:
The Planning Comissior~ approved Conditional Use Permit Case No. oG-oo and I_ot
Line Adjustment Case No. O~~OO3 on December 200 to fil! the existing retention
basin at the Town and Country Center at 14fi2 E. brand Avenue and construct a ,3~~
square foot Applebee' restaurant,
ANALYI OF IDES:
As a condition of the conditional use permit, the appkicant was required to install a r~ew
water service, a fire sprinkler service, and a new driveway approach to the site, as weld
s replacement of an existing driveway to the adjacent service station to support the
development, The installation of driveways also included handicap ramps on either
side, as well as some incidental sidewalk replacement. Staff has inspected the
improvements and determined that they are acceptable.
ALTERNATIVE:
The following alternatives are provided forthe Council's consideration:
- Adopt the attached resolution accepting the improvements and easement.
- Do not adopt the attached resolution,
Provide ether direction to staff,
Agenda Item 8.d.
Page 1
lTY ~UNCIL
~ONlD~RATi~N TO ADOPT A RE~LUTI~N A~EPTIN EA~I~ENT ANA
lMPROIIEI~IENT FOR DONDITIONAL USE PERMIT DACE N~. D~-0~ ANU LOT
LINE ADJUSTMENT CASE NO. 4~~0~3~ APPLE~EE'a L~ATED AT 14~~ E.
GRAND AVENUE
JANUARY ~2, ~~~8
PACE ~
A~1IANTACE:
The driveways gill be accepted into the pity's maintenance system and v~riil be kept in
goad ~rorking order.
The pity would alto have legal acre to operate and maintain the public vtirater facilities
and ensure that the ~nraterfacilitie are in good corking order.
DlADVANTACE:
The drivev~ray could not be accepted into the pity's maintenance syster~ and the
condition of the driveways oould not be guaranteed to be in goad vuorking order.
The pity ~rauld not have legal access to operate and maintain the public grater facilities.
Therefore, the facilities uvould be maintained by the proper#y o~rner, uvhicb may not be to
pity standards.
ENIJIRGNI~ENTAL REVIEI~:
hio environmental revievtr i required forthi~ iter~.
PUBLl~ NDTlFlDATlON ANA DOII~IIIIIENT:
Flo special public notification is required far this item. The Agenda eras posted in front
of pity Fall on Thursday, January ~ ~gg8, The Agenda and report uve~e posted on the
qty' ebite on Friday, January 18, gg~, No public comments were received as of
the publishing of this report.
Attachments:
1. bite Sian
i~ublic vVater hllain Easement
Agenda Item 8.d.
Page 2
REoLUTION No.
A RE~LlJTION of THE CITY ~~1NIL of THE DITY
of ARROYO GRANDE AEPTINC EAEIVIENT AND
II~PROVEI~ENT FoR DoNDITIONAL USE PERMIT
AE No~ AND LoT LINE ADJI~TMENT SAE
No. ~~-~0, APPLEBEE', L~ATED AT ~ 4~~ E. GRAND
Al1ENUE, oNTRDDTED BY APPLEBEE'
I~UHEREA, the Planning Commission approved conditional Use Perrr~it Case No.
009 and Lot Line Adjustment Case No. ~~-~0 {coliectively the "project"~ on December
VIIHEREA, the project eras conditioned to complete certain public improvements; and
I~VHEREA, the developer has constructed the irr~prover~ents required by the
canditions of approval for conditional Use Permit Case No, 0-OO9 and Lot Line
Ad~ustr~ent Case No. O-o0~; and
I~VHEREA, staff has inspected the 'rrnprovements and finds they are constructed ~n
accordance u~rith the approved plans forthe project; and
Noll, THEREFORE, BE IT REoL11ED that the City Council of the City of Arroyo
Grande does hereby accept the follovtiring improvements for Conditional Use Permit
Case No. ~G-~~~ and Lot Line Adjustment Case lVo. and authorise the Mayor to
execute a certificate of acceptance: .
offer of Dedication for Public Water Main Easement and associated
improvements,
. Dnve~ray ~rr~provernents,
n motion of council Member , seconded by Council Member ,
and by the follovuing roll call vote, to v~it:
AYES:
NoE: ~ .
ABSENT:
the faregoinq Resolution vuas passed and adopted this day of ~00~.
Agenda Item 8.d.
Page 3
REOLUTlON NOa
PI--ICE 2
TONY EERRR-LRA, MAYOR
ATTEST:
I~[ELLYINETMORE, CITY DLERK
APPROVED A TO CONTENT:
STEVEN ADAM} CITY MANACER
APPROVED A TO FORM:
TIMOTHY J. ARMEL, CITY ATTORNEY
Agenda Item 8.d.
Page 4
i
r. r. . "
Y
,
" ,
,
~wsx ~
pd~"
9
,
,t. ...o.... ,.u.o-~. ti,4 v
,,,,~.x~
~ ~•c°:~••
, "k,~
oVµ ,
w
,
, . , .,r • r ~
y Y,
, .
p
. . , ~ , ' ~Y
,o.. .
~g! 6 0
..0,
o-, ~o~,
,y x,., ...~>Y .>~r ,
_
r „
, .B ...aYr
,o-'o,~.
, y. .
„
"o- . ,~.o- , o A "
,i~°
r.. ,o-v. ^~RY~4.aa
, R
py . ~w~.".5
•xa<•, ,
~ y r.<,~:. ' ~ RR ~`fi~#xk4x49 . .
"r.`, ,
r,., k
„~o-ri°•>
r"„
f t [r
. ,~t"
r'~
r" a
~v
o- d.~.
r. .dxgx,
, .,n.".n., "y,
. . +gpy
R". ~':r' „ r,. .V" 1. ~o^
tia "
"
" ,:f:
„z.
<r•
r 5..:.:. ; i8r;,,
,r , , r,,..•
.°,og,4,. ~
"~r
or or9 ',R "r ~ B , .,,,.y
°br s
,
<rv " ,
.,r'. .
r°°
, , -
. ,
r
<zo-, ".o-
. ,o-, o-xsrk
qyR~
•••ro-x
<
F,,,, o- rB
,
.x~,
: R~ 0.ko xo~
b
„ r ,Ki1 < q.~
" y
r»o'
nvBAo-
, .fi. , ,
, r t>
v'.~ t ~ o-
' °
~ ivr o- y
y., > o-.., ,
"x.. .y.~
°a
~'r b~R S Ra w°F~'
< ....r
,
a,
bv6~<
. ..o. r'...
r.... B,. ry~, r~
,
o- o-'rri A.
•R ~~.<xo-o
. fi' .....,t. yr ,o-,. .o-ov~A
w
,
,
o-.o-."...
x wit r Jw
. y vo <y,
~.':.,y q.
, . , ~ V,
9' '
: '
. t "
rte.
..,.A
, _ ,
~d,
, o-
'
,
.
, .
,i
^r',
~
•R
j
,o-~
3•
,~,Q
„r,.,~. , ..h
~W,y. o _ k ~ofi„~ iy ° '~,.~~'t' ;.fib>x~x° a°.~ °
iii ~~ii.ii~
o-..
rr
~'N
•,M ,
yo-. .."1.. ~ v 6A.,r1"~,'~
~~ga~ ' a~mr.
;r,
F',
'r<•
a
sue. .s..~,.
tt°
> <S. ,k
„
, ~,..r
~b
, r,
9•
, •r• ,n. , ,t,., ,
,y. r
„
. N ~ ~ .,,.,"..o-
1~ yt,$
t~f...^.
•~(;:5
oY~~, T
~
r < i' „ „
" ~ ,r.,
, ~o~~ 6, .S ~ ~ ~i ,,Y Y ~Y y>0 br.".Ai',o- ff nR°.<:~t,.. ior.~
, .
,a. q~.. (yo- ~a~ro'o-xr~r~ i ~.[t o:o. o..".ti„ ~ ~ ~
:y.. ,
, . <,r
4frYO°a sBr;, .C< °i ov-o- o-z~'"r o- .obo,><:,.
,r,"
s~ r ~.;z w~~or,,.
,r "
r ,
i i'„ is < ~7., '~°"x";~$~,.
r;
.
° , ,
~~~9
, r'
y
;
~
°
n
. ' r,,...,.,°~ .
°-"~~o-
i?
R , "
ti Zi
L.
~ _
r....
y, . .
iSx , o-Y..o
,
,y9a^['o x `il • ' !k~ ~ ,,r. .lb `~o~~. ~Y9~,, ".gxx9oo-
, R< ~ 6 „'BBB x.)tt
o" ~ ~
F , X.
p., ~ ,
Sxq, ,
o _
Yx
y~.R s. r ,.a ~ ".vim ~ ,
~ ~"M~ da° ~ sfi
F x ~o- .~br Y+o- b ~ tlo-R ~.".4~ ~Y~°+foA
:x~~ o-<Y S o- ,a „~o- ~r,~ .v~'~tra'o-~.. A .
,tio<o-xR<r~u°.,,,.,x. ~.<x"r , ":r°`°
o-~`. a,>w"'~~.,..,w~,",01`$4 w~.°R$V
Mxe.d ,"',x, °i~~,%4 ~Rar "s<kygq.~`x`y i'.~9'~..~r,.8~d~ oo-#~£~,<<:;
° '°Fs}:::;o-'~,"~°z~su~' ~".S~$f>o-Fr<5.fiiaik~;.:';. ;a '
:Y 1 s ~ii:na~"a'aea",~ ~~;a~~",o"': ,.~>/~~,&&;:"~ '..,fi"fi
, ~ < „ R
' r x'~txpp. ,
,
•r ` Ro
, ,
b,R°y o-~.
r:., r ~.%y
x , 8 ~x
"a ,,,,yy:.
,
Yow J'
a~'ry~~,, ^Y
,
r
r ,
° y r
'''CCC66 r d ,4 ~ o-9'
y~{,~o~yy~~`° .Y. R ~ xx~o-~ ~S ' ~9R,...~ o.~~~:~~,~lo-~
o-o-. .v° 3~ ~fi:~~.yy.
~Y~~~ orJ. ya.~.A:..y.`i
w • 'W9• ~ ..yy "1,x id~w~ox x...;~.°y.'r'nx•
`''Lad o9} .fi, ~7;
~
r
s
, r g
"Y", ~ o- x~Y Yb" rkC. St <o. warfiuo ~ w
~Y
<Y.:~o- .~"o-<§K °P°:9Y~">:~> A~,BZ~wRSE'~~"~ gyn.
~ o-
:rr, <ro-,
, ,
, ,
R„ .
,
~ ~:8
,,.,n ..y,.
wr
,~pffi ,o,. oo- .a~. o-~,'
m: off;: d:~: ~ . '
~oY>x6r. ~ ~ S~~oR.
°~~yyyKy"<,. oar;"rB~~ s> ° b '°°.n"." >w~°<~~>`<'~'°.a`.,o°~°'ae4~° 1a
;;.y,~,9,13~~, N a~~ti~ ~~~x<x o-.> ",",:r <~&,;~;rEa; :h'>4~>f`Kar~~...<ex'x.'.;~Es£.~':">`"<
BB~~!' ~4~<'YYo- M1o-~6x stxogti,„ti.~x kw„\.." k..r 1
#o-'.°o-p fiy~,« .0++90., " x i"fi°t R R Bo-bo-?M iw.", fob:, .,.a °"r~b,HO° ~oxo~~ov~bx..
tl ` io-t 4i x>R'S ~6~r Fn<.,~t oo-<.. ,R~bXpb~b°ao-r" ~tixxXep q:
wv ro-~5prd" ' bk °~°'""xia •~...bn~ ~3~~ "x4...
o-
~94r'v, ila +R'a,~~'x .~9"~~~°~ ,.t,..,:. Sitio-w„y1.4. 1,.9o-ox :.3iP
x
1 q,.
. o-.°~WSr•n,,,.
~S~ "'o-Y vyAW ~ ~ ,ii' "k 6`} o-" ay0~x~0.
q. < '
,
,o
:,v~1 • ,>Kb~9~<y„Q. '.fibs i
, , .R iA , , oo~
~ ~ ~ ~ • ~ ~
~ , .
ATTAH~IENT ~
RECCR~~N REQUESTED BY ANA
Uv~EN RECORDED RETURN TC:
c~T~ ARR~~o QRANDE
EN~~EER~N DERARTMENT
~~8 EA~J/~T{BRANCH~T. f~ A ~'y
~~i 1~ i V V~1 i~~~f 11~ ~VT~L1
~RRE1~~A~L~ AND PER~~TDAL ~~~~R T~ DEDIDATE
~U~Ll1111A~'E~ MAIN EASEMENT
THE OFFER T DEDICATE, made this day of . ~ ~ ~ ~ ,
by RCI Realty LLB, a ~eorg~a Ilr~ited liapllity company, of the City of Arroyo Grande,
County of fan Luis Obispo, Mate of California, hereinafter termed offeror:
INHEREA, seid offeror desires to made an irrevocable and perpetual offer to dedicate an easement
for the purposes of a public rater main; and,
N~Vllx THEREFORE, For a valuable cansiderativn, the receipt and sufficiency of ~rhich i hereby
ackno~rledged, said offeror covenants and promises as follouvs;
~ . That said Offeror is the o~rner of the real property described in exhibit A and shov~n scherr~atically
in Exhibit A-~ .
That said offeror does hereby offer to the City of Arroyo Crar~de an easement far a public uuater
~1a~n along with any appurtenances and Incidental uses, over, under, upon and across the
fallouving property described in Exhibit B at~d shaven schematically in Exhibit -1
3F That vtirithi~~ said easement, the City shall have the right to install, operate and maintain, repeir and
replace, and enlarge or decrease the sire of the public vuater main along Frith any appurtenances
and incidental uses.
4, That said offeror agrees that the easement for the public ~vater ruin is and shall be binding on
their heirs, legatees, successors and assignees.
~~,~y 70~~
K:1~3409~~~!4-uru~y'~Legal ~x~i~i~s',Vlrat~~lin2 Eas~mer~t,~oc A enda Item 8.d.
g
Page 6
RBI REALTY, LLB, A E~RIA LIMlTE~ LIABiLlTY ~IPANY
BY:
/ R
!
AKN~iI~~.~D~~N~'
/ r
! ~ A~
state of ~ ,
ou my of
~0~~~ before me; ~ ~~I
personally appeared ~ f t - !~~~~~:f
personally known tome for proved to ~ on the ~ asi of satisfactory evidence} to he the persons}
whose name{s} islare subscribed to the within instrument and ackne~rleded to me that helshelthey
executed the sane in hlslherltheir authorised capacity~ies}, and that by hislher~their signature{s} on
the instrument the person{}, ar the entity upon behalf of which the persan~s}acted, executed the
instrument. ~~~~tt~~~~~~~,u~,,,#t#~~
llllitness my hand and official seal.
~
_
~ . ~I
f~ •
~ - •
am ~
~ ~
*+07#6.4 .iJ4 i~4~
AB~V~ R~~'RVF~ FOR OFF~~~AL IVDTARY ~A~
.~~ly 3~, ~~Q7'
~c~~~~~aQOl,a-~~~y~~~~~~~ ~~~,~~~t~4~v~r~~~~~ Eas~men~,d~c Agenda Item 8.d.
Page 7
* ~ i
~f~EGAL DE~RIPT~DN}
PARCEL 3 ~N THE CITY GF ARR~Y~ GRANDE. ~O~NTY GF SAN LUIS GS~i~~. STATE ~F CALIFDRNIA,
AS DESCRIEED !N THE ~ERTiF~CATE OF CN~PLIANCE RECORDED SAY 9, AS ~NTRUIU~ENT ND.
~0~~-~3~~54 OF OFF~CIA~ RECORDS IN THE OFF~~E OF THE COUNTY RECORDER OF SAID COI~NTY
J~~y 30. ~4~7
~;~3aosoo~x~-~~~~~~~~~~~~ ~xhib~tsl.~lla~er~i~~ E~~ement.dac Agenda Item 8.d.
Page 8
i ~ 1
' i ¦
LEGAL DER~PTJON~
WATERLINE EASEMENT
SEiNGA PORTiDN OF PAREL3 iN THEITYOFARR~YORA~VDE. COUNTY OF SAN LDIS O~ISPO,
STATE OFGALiFORNiA, A DEGRiBED IN THE CERTIFICATE OF COMPLiANGE RECORDED MAYS,
~0~7, AS INSTRUMENT NO. ~Q~~-X31584 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COl1NTY
A TEN ~1 FOOT WIDE STRIP OF LAND, LYING WESTERLY OF AND CONTiU0~J5 UViTH THE
FOLLOV111NG DESCRi6ED LINE:
BEGlNNINO AT THE SOUTHEAST CORNER OF SAID PARCEL 3; THENCE NORTH ~°~7'S~" EAST ALONG
THE EAST LINE OF SAID PARCEL 3, A DlTAN~E OF 9~.G~ FEET TO THE hlORTHEAST CORNER OF
SAID PARCEL
SAID STRIP I TO gE LENGTHENED OR SHORTENED, A NECESSARY, NORTHERLY TO MEET THE
NORTH LINE AND SOUTHERLY TO MEET THE OUTi-# LINE ~F SAID PARCEL 3,
THE ABOVE DESCRIBED LAND IS GRAPHICALLY SHOWN ON E~WiBiT B-~ ATTACHED HERETO AND
MADE A PART HEREOF
r~ l
~ ~ ~
I A M. RiHARDSON P.L,S, G904 ~e~c~. ~-~~-~~09}
~ ~
~ ~ ~ ~
J Lic. Na. ~,9~4
~k' Exp~~es SI~D~D
~P A~-
July 3~. ~~07
~c:~~~ao~o~~~,a-S~s~vey`:~.egal ~xhibits',11V~te~~~n~ E~seme~t.doc Agenda Item 8.d.
Page 9
S
~
~ ~ ~
~ ~
~
r~ ~
SALE: ~ "-G0'
~0 ~ 6~
L
V ~
J
~
~
~ r
~ ~ 1
~ r-
~ ~
i ~ ~
~ r~
L
0
Q
~r
o
r~
N '
design
professionals
w
civil er~gineefs ~ land surveyors . land planners
1998 Santa bar~ara st ~ San f~is o~ispa. ca 934Q1
p~: 8t~S1~49.8858 ~ email: edaedalnc.com ~0~.
Page 10
I~
~I
~ ~
I
I
i
t
~t
~ F
~ ~ ~ ~ ~
SALE. ~ ~1 as ~ ~ ~
,
~ ~
~ ~ oo a ~ ~a Sao ~
~ ~ ~1 ~
~
~ ~ ~ ~
.
r~ ~ ~ ~
~ ~ ~
~ I
r
CV
~ VVAT~R~IN~ ~A~M~~T ~ ~;c
\ ~ o
~
~ ~
W ~
o~
ruro~~~1~vn~~~u
ti
0
design
professionals
civil engineers ~ ian~ surveyors ~ land planners
1998 Santa laar~ara st • San leis oi~is~o, ca 93401
~I~; 80~Ia49~8858 ~ email: ada{~~dainc.cam ~o~, no. ~.3409,~~D
gen a em . .
Page 11
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item S.d.
Page 12
~ ~NC~RPO~~ITE~
" I~EI~~RANDUNI
~ JULY 10, 19 ~ 1 ~
T~: CITY COUNCIL
rr+F~ r'~:
FR~I~II: MICHAEL E. Hl1BERT, DIRECTOR CF BUILDING AND FIRE r"~
URJECT: CONIDERATICN OF AUTHORIZATION TC DECLARE THE ~4 VAN
PELT FIRE ENGINE AND THE ~9~ HI~TECH FIRE ENGINE A URPLU
PROPERTY AND APPROVE AN ACREEI~ENT 11TH FIRE TFiIlCI~ PLI~,
I~IC. FOR CDNI~NMENT AND SALE DF THE ENINE
DATE: JANI~ARY 2~D8
REC~~II~E~VDATI~I~:
It is recommended that the City Council ~ }Adopt resolution declaring the ~g84 Van Pelt
Fire Engine and the ~ 9G Hi-Tech Fire Engine as surplus property and; Approve an
Agreement with Fire Trucks Plus, lnc. farcanignmentand sale of the engines.
FINANCIAL II~~ACT:
The ~ 9g Hi-Yeah engine could be Bald for the appro~cimate amount of gO,Ogg. The
proceeds from the sale of this engine v~ould be divided r~vith the City of braver Beach as a
result of our equipment sharing agreement. The 194 Van Pelt engine could be sold for
approximately 1 D,ggg - ~ S,~Dg. 1lllith the sale of both engines, a total of appra~cimately
~~,Dgg could be returned to the General Fund.
BACKCR~UND:
In Ogb the Cities of Arroyo Grande and drover Beach each purchased a ~g~ Hi-Tech
fire engine. drover Beach intended their engine to be utilized as a reserve piece of
equipment. Arroyo Grande's purchase vwra an interim first line engine until a near engine
could be budgeted and procured, Arroyo Grande took delivery of their nee Pierce engine
in June of last year.
In ~gg~, the City of Arroyo rande~ City of drover Beach, and the ceano Community
Bervices district entered into a Public Bafety Equipment Sharing Agreement. As a result
of this Agreement: it vwras determined that surplus fire apparatus could a sold. Arroyo
Grande's fre department mechanic evaluated the condition of each agency's Hi-Tech
engine and determined that the engine o~rned by Grover Beach should be retained.
Grover Beach and Arroyo Grande uvill then co,ov~n the remaining reserve engine.
~Ilaintenance costs v~rauld be shared. Costs for any damage vuould be paid for by the
jurisdiction utilizing the vehicle at the time the damage occurred. This apparatus ~rould
be made available as a reserve piece of equipment to the three participating agencies.
The proceeds of the sale of Arroyo Grande's Hi~Tech apparatus could be shared Frith
drover Beach.
Agenda Item 8.e.
Page 1
CITY OUNIL
~NIDERATI~N OF AUTHORISATION To DEOLARE THE 198 VAN PELT F1RE
ENGINE AND THE ~ H~-TEOH FIRE ENGINE A SURPLUS PROPERTY AND
APPROVE AN AGREEMENT I~V~TH FIRE TRL~OI~S PLUS, 1NO. FOR OONSIGNMENT
AND SALE of THE ENGINE
.JANUARY 2~, X008
PAGE 2
ANALYI of IEUE:
The Cities of Arroyo Grande and drover Beach have had positive experiences with sales
of previous engines with Fire Trucks Plus, Inc. Even though they ere located in Rancho
Cucamonga, California, they are the closest broker for consignment and sale of fire
engines.
ALTERNATIVES:
The following alternatives ere provided for Council's consideration:
- Approve staff's recommendation to adopt a Resolution declaring the 19411~n
Pelt fire engine and ~ gg Hi-Tech fire engine surplus property and approve an
Agreement with Fire Trucks Plus, Inc. forconignmentand sale ofthe engines;
- Do not approve staff recomr~endat'ron to adopt a Resolution declaring the ~ 984
flan Pelt fire engine and ~g9fi Hi-Tech fire engine surplus propertyt
- Modify recommendation as appropriate and approve staff's recormendation; or
- Provide direction to staff,
ADVANTAGES
The sale of the two fire engines gill generate revenue for the City. There will be a savings
from a~ reduction in rr~aintenance and repair costs.
DIADVANTAGE:
None.
ENVIRONMENTAL REVIEW:
No environmental review is required forthis item.
PUDLI NGTIFIATIGN AND COMMENT:
The Agenda was posted in front of City Hall on Thursday, January ~ OOB~ The
Agenda and repo~k were posted on the City's website on Friday, January 18, boo. Nv
public cor~r~ents were received.
Attachments;
Exclusive Agreements Between the City of Arroyo Grande and Fire Trucks Plus,
Inc. far Consignment and dale of Fire Department Apparatus and Equiprr~ent
Agenda Item 8.e.
Page 2
RE~LUTI~N N~.
A RE~LUTI~N ~F THE CITY D~UNDIL ~F TIDE CITY ~F
ARR~Y~ GRANDE DEDLARING THE 1984VAN PELT FIRE
ENGINE AND THE ~~fi HI-TEDH FIRE ENGINE A
URPLU PROPERTY AND AUTHORIZING THEIR SALE
VIIHEREA, the Gity of Arroyo Grande ouuns a ~ X84 Van Pelt fire engine and ~ 900 Hi-
Techfire engine that are no longer needed; and
~11HEREA, in pest years, the i#y of Arroyo Grande has authorized the sale or transfer of
surplus emergencyservices vehiclestoagenciesthat havetheresourcestosellapparatus
to cities and other agencies that have a need for such equipment,
N~1~, THEREFORE, BE IT RESOLVED that the Gity Council of the pity of Arroyo Grande
does declare the ~ 08411an Pelt fire engine and the ~ 9~~ Hi-Tech fire engine a surplus
property and authorizes the sale of said apparatus through an exciusive consignment
agreement uwrith l=ire Trucks Plus, Inc,
BE iT FURTHER RE~LIIED that the pity Manager i authorized to execute said
agreement ~vith Fire Trucks Plus, lnc.
On motion Of Council Member , seconded by council Member
,and on the follo~rin roll call vote, to utirit:
AYES:
NEE:
AGENT:
the foregoing Resolution vuas passed and adopted this day of , 2008.
Agenda Item 8.e.
Page 3
RE~LUTI~lV I~~.
PAC ~ ~
TINY F~RRARA, I~AY~R
ATTEST:
Kf LLY ~VETMOR~, CITY CLERK
APPR~VE13 A T~ CONTENT:
STEVEN ADAM, CITY IANAER
APPROVED A T~ F~RIIII:
TIMOTHY J. CARMEL, CITY ATTORNEY
Agenda Item 8.e.
Page 4
A~"~AI;~HN~~NT ~
~~c~u~~ve agreement bet~reen the CI'~~ ~F ARR~~o ~rRAN~~ and
Fire Trucks P1u~, Inc, for on~inment and ale of Fire Department
,apparatus and ~~u~pnan
T~II A~INT is made y and hetv~een the I~~ A~~Y'o
~rRANt~~ a municipal corporation of the state of California, hereinafter
referred to as "fit' and Fire Trucks Plus, Inc., A afifornta corporation,
hereinafter referred to a "Broer,~ at Rancho ucan~ona, California.
A. CITY desires to sell e~rtain fire fighting apparatus and
equipment.
B. BT~oI~~I~ i qualified and willing to facilitate the gale of the
fire fighting apparatus and equipment according to the
conditions specified in this agreement.
IN ~NID~RATI~N of the mutual covenants and conditions
herein contained, the parties agree as follows:
1, rENERAL
CITY consigns to BR~R, on an exclusive basis, 184
lFA~TAIMI STAN ~P~ vehicle and equipment,
hereinafter "~TEHIL~t~ identified as follows:
California License lVurnber: -4~~9~
~Tehicle Identil~cation lVurnber: 9T~'T~'4~'T~
UL~ith odometer reading of approximately 4'T,0~0
with equipment as listed on Exhii~it A, Attached and
incorporated by reference.
BR~K~R agrees to accept the engagement upon the terms
provlded iI1 this agreement,
r
This Agreement shall becorr~e effective upon execution the
parties and sha11 terminate one hundred e~ht~ dais ~1~Qy
dais from the date of execution unless extended a prodded
in this Agreement.
Agenda Item 8.e.
Page 5
• \I~PE ~P L'1~V~
shall:
1. Advertise VEHICLE for sale to qualified buyers;
At all tunes during the terra of this Agreement, BROKER
shall maintain current vehicle dealer license with the
California State Department of Mawr Vehicles.
4. ~N~rN1V~ENT ~
IfI`Y is net required to pay ~~O~R any fees or charges for
BROEF~' services under this agreement.
5. SALE ~F ~TEHILE
Should BROKEN receive an offer from qualified huger to
purchase VHI L, BRO shall notify CITY of such offer
with-in forty-eight ~4~~ hours of receipt of offer.
Clpon sale of ~T~HI11, ~1~OK1~ shall pay to tie CITY the
sum of FIFTEEN T~ TWENTY T~I~~JAND ~3~LLAR
~ 1 ,~~0,0~ to as full compensation for
~TEHILE. BROKER shall deliver payment tv CITY within ten
~ 1 days of sale
G. CITY ~BLIG~TI~'
~IT~ attests that VEHIL~ i free and clear of any liens or
encumbrances.
CJpon receipt of pa~nlent from Fire Trunks Plus, Inc. for the
SPARTAN vAN PELT PUI~lPER ~TEHILE, CITY shall
release and deliver to BROKER all certifications of
registration and ownership and execute a bill of sale for
VEHICLE.
7. A~RANTIES
CITY shall provide DOT inspection and pump certification.
FAIR EPL~YII~ENT PRATIE~ EQUAL ~PP~~TUNITY
Afi
Agenda Item 8.e.
Page 6
~n the performance of this Agreement, BR~~ER shall comply
with all applicable provisions of the California Fair
En~playment Practices Act California Labor bode ectians
14 ~0 et e,~ and the equal ernployrnent provisions of the
civil Fights Act of 19G4 ~4 ~J,. aa~
. ~11~~LIAIIICE ~iTITH LASS
BRaI~ER shall comply with all current federal, state and
local laws, statutes, ordinances, rules and regulations and
the orders and decrees of any court ar administrative body or
tribunal in any manner affecting the performance of this
Agreement.
1 INDEPENDENT I~N'TR~1T~R
~aI~EF~ i acting a an independent contractor in
furnishing the services ad performing the word required by
this Agreement and is not an agent, servant or employee of
the CITY.
11. I U D EIVi N I FI C~TI ~ N
81~ER agrees to indemnify, defend and hall harmless
~IrI#Y, its elected and appointed officials, officers and
enxployees from all costs, expenses, claims, liabilities ar
damages to persons or property arising out of or in any way
connected with the intentional or negligent actor omission of
~R~~EF, its officers, ernplayees, agents, contractors,
subcontractor ar any officer, agent ar employee thereof in the
performance of this Agreement.
1 INUR.ANCE
~F~~EF shall obtain and maintain at all times during the
terra of this Agreement the following policies of insurance;
general ~1ab111ty
amn~ercial general liability policy insuring 1TY against
liability or f ~nar~cial loss resulting from injuries occurring to
persons or property in ar about ar in connection with the
services to be performed under this agreement. Each policy
of insurance shall provide primary coverage on an
occurrence bests in a canlpany satisfactory to the CITY in
the fallowing rninin~u~'n an~aunts; personal ire
j ury,
Agenda Item 8.e.
Page 7
l,ooo,o~o for each person and 1,000,00o per occurrence:
property damage, ~00,00o per occurrence.
b. Automobile liability
Automobile liability policy insuring the CITY against liability
or financial foss resulting frorr~ injuries occurring to persons
or property in connection with vehicles owned, leased, hired,
borrowed, or driven by BF~~I~ER, its employees, or agents,
Each policy shall maintain liir~its no less than 1,000,000
per accident for bodily injury and property damage.
81~~ER shall file certif"~cates and endorserner~t of insurance
with the CITY in a form satisfactory to the ITy upon
execution of this Agreement, evidencing said coverage and
the requirements of this paragraph, The certificates axed
endorsements shall contain a reference to the date and title
of this Agreement. The certificates and endorsements shall
be mailed to CITY at address provided in the Notice
paragraph of this Agreerr~ent.
All insurance required by this Agreement sha11 name CITY its
elected and appointed officialst its officers and employees as
additional insurers and shall provide that the insurance
obtained by roper is primary to any coverage available to
CITY. CITY rnay, at it discretion accept policies written with
aggregate limits. If a policy is submitted with aggregate
lirr~its, it sh1l be twice the ~n~ninm,urn 1lrnits required ~ any
other subsection of this Agreement. All of the insurance
con~pa.nies providing insurance for BROKER shall have an
A.l1lI. hest o. rating of A:vII+ or above, Each policy shall
provide that it shall not be canceled or reduced in coverage
without ~ days prier written notice to the CITY.
1 N~'~IE
Unless otherwise provided herein, all notices required
hereunder sha11 be given by United states registered or
certified mail, or other form of mail which offers proof of
mailing, postage prepaid and addressed to the parts t the
address below.
Agenda Item 8.e.
Page 8
~iTY: CITY DF ARR~~~ 1~ANDE
DEPT. DF B~FI~DIN FIRE
P~ BD~ 5~
AI~~gYD GRANDE, A 934 1
~0.47.~9D
BR~I~ER: Fire Trucks Pius Inc.
Paul Batista or Pae~a Escailla
Rauch Park court
Rancho Cuca~on~, a. ~"D
~0~ 4~#'T4~'T
1~. ASIrNENT
Neither party shall assign nor sublet any partlon of this
Agreement without the written consent of the other party.
15. AGENCY
Except as CITY rr~ay specify in writing, BR~~ER shall have
no authority, express or implied, to act on behalf of CITY
an agent or bind CITY to any obligation whatsoever.
1f. APPLICABLE ~A~B AND ATTORNEYS FEES
This Agreement shall be interpreted and enforced pursuant
to the laws of the State of California. Any action to enforce or
interpret this Agreement shall be brought in a court of
competent jurisdiction in San Bernardino, Callfarnla.
Should any legal action be brought by a party for breach of
this Agreement or to enfare any provision of this Agreement,
the prevailing party shall be entitled to reasonable attorney's
fees, court costs, and such other costs as nay be affixed by
the court. Far purposes of this provision, "prevailing party"
includes a party which dismisses an action based on this
Agreement in exchange far payment of the suns allegedly
due, perfarmance of covenants allegedly breached or
consideration substantially equal to the relief sought in an
action or praceeding.
TER~IINATII~N
without limitation to such rights or remedies as CITY shall
otherwise have by law, CITY sha11 also have the right to
Agenda Item 8.e.
Page 9
terminate this Agreement upon ~vntten nonce to BAKER,
should CITY experience an irnn~ediate and unplanned need
far return of the EHC~~E, such irnrnediate a~ad unplanned
need include, but is not limited tv, an err~erency situation
requiring use of additional fire department equiprrient.
18. ~F ~C 1~~E1VIN'~; ~1~VlENDME~T
This meriting constitutes the entire Agreement between the
parties No rnod1ficat1ons sha11 be effective unless the
modification is in v~ritten and signed by all parties to this
Agreement.
19. 1VlIL~ANE~U
All covenants herein shall be conditions. Time shall be the
essence. Failure on the part of either party to enforce any
provision of this Agreement sha11 not be construed as a
waiver of the right to cvrr~pel enforcement of such provision
ar any other provision. The singular number shall include
the plural, and the masculine gender sha11 include the
feminine gender and neuter gender whenever the context of
this Agreement permits, This Agreement sha11 be deemed to
have been drafted equally by both parties.
Dated: .
City of Arroyo Grande, a municipal corporation
By:
City ll~anaer
~ w_,
Fire Trues Plus lnc,
Paul J, Batista and/or
Pamela Escamilla
Agenda Item 8.e.
Page 10
ATTEST:
pity Ier~
Approved ~s to form:
pity Attorney
E~IPIT A
E[TIPNIE~T LIST
ITX ~F ARRO~D RANDS 194 SPARTAN SAN PELT FIRE E~Gr~~E
1 EA. 1 ~,FO~T ATT~ LADDEER
1 EA. 4-FONT RoDF LADDER
1 EA. 4~FODT E~TE1~ION LADDER
1 EA. BULL AER LADDER~END PRDTET~R
~ EA, i~HEEL ~H~
r
Agenda Item 8.e.
Page 11
ß¹»²¼¿ ׬»³ èò»ò ß¹»²¼¿ ׬»³ èò»ò
п¹» ïî п¹» ïî
• V~PE ~ ERNE
BR~I~ER sha11:
1. Advertise ~TEHICLE for sale to qualified buyers;
At all tunes during the terns of this Agreement, BR~I~ER
shall maintain a current vehicle dealer license with the
California state I~epartrnont of lotor vehicles.
I~NIrN~IlENfi FEE
CITY is nvt required to pay BR~I~ER any fees or charges for
BROIL' services under this agreerrrent.
SALE IMF ~EHII~LE
should BROKEN receive an offer from a qualified buyer to
purchase ~H~ILE, BROKER shall notify CITY of such offer
with-in forty-eight ~45~ hours of receipt of offer.
Upon sale of ~TEHILE, BROKER shall pay to the CIfiY the
sung of EI~Hfi~ 'T NINE~'3~ '~H~UA~NI~ I)LI#AR
t~ ~,D~~.~~~ as full cor~npensation for
~IEHILE. BROKER shall deliver payment to CITY within ten
~10~ days of sale.
f . QTY BLIGrATI~~
OITY attests that V~~HIL is free and clear of any liens or
encumbrances.
Upon receipt of payment from Fire Trucks Plus, Inc, for the
PAR'~,~ rLA?~]IA~`~R HI-'~E~H PUMPER VEHICLE,
CITY ha11 release a.nd deliver to BoI~~l~ ail certifications of
registration and ownership and execute a bill of sale for
V~HICL~~
Agenda Item 8.e.
Page 13
~r
CITY shall provide I~OT ~npect~on ar~d pump certification.
FAIR PI~IVIENT PRATE f EIJ~1L? ~P~TU~I'TY
ACTS
rn the performance of this Agreement, BROKER shall comply
with all applicable provisions of the California Fair
~rr~ploy~nent Practices Act California labor Code Sections
14 ~ o et seg, ~ and the equal employment provisions of the
Ci~ril Rights Act of 19~ {4 U.S.C. ~00~
. ~MPLIAN~ WITH LAWS
BROKER sha11 comply with all current federal, Mate and
local laws, statutes, ordinances, rules and regulations and
the orders and decrees of any court or adrr~inistrative body or
tribunal in any nxanr~e~r affecting the performance of this
Agreement.
II~DEP~'~]~~T NTI~AT~R
BROKER is acting as an independent contractor in
furnishing the services ad performing the work required by
this Areerr~ent and i not an agent, servant or employee of
the CITY,
11. IND~NiNIFIATION
BROKER agrees to inderr~nify, defend ar~d hold harmless
CITY, xis elected and appointed officials, officers and
employees from all costs, expenses, claims, liabilities ar
darr~ae s to persons or property arising out of or in any way
connected with the intentional yr negligent actor omission of
~R~I~RR, its officers, employees, agents, contractors,
subcontractor or any officer, agent or employee thereof in the
performance of this ~green~ent,
1~. I~UR~
BR~R shall obtain and maintain at all times during the
term of this Agreement the following policies of insurance:
general ~l~blllty
Agenda Item 8.e.
Page 14
ß¹»²¼¿ ׬»³ èò»ò ß¹»²¼¿ ׬»³ èò»ò
п¹» ïë п¹» ïë
Unless otherwise provided herein, all notices required
hereunder shall be given by united States registered or
certified mail, or other form of mail which offers proof of
rnai~in, postage prepaid and addressed to the parts at the
address below.
CITY: ARRGYG GRANDE
DEPT. GF BUILDING 8a FIRE
PO BG~ S~
ARGYG GrANDE, CA 934 1
8.47.
BRGI~ER: Fire Trucks Plus Ins,
Paul Bat~s~a or Pamela Esailla
9D~D Rau~ho Park our~t
Ran~~ Cu~amoua, Ca. 17D
~0~ 4~~-744?
14. ASSIGNMENT
1Veither party shall assign nor sublet any portion of this
Agree~anent wlthaut the written consent of the ether party.
1 AGENCY
except a I`r'Y nxay specify in writing, ~R~ shall have
no authority, express or implied, to act vn behalf of CITY as
an agent or bind CITY to any obligation whatsoever.
1 APPLICABLE LASTS AND ATTORNEYS FEES
`his Agreement shall be interpreted and enforced pursuant
tv the laws of the state of alifarnia. Any action to enforce ar
interpret this Agreement shall be brought in a court o
competent ~urlsd1ct~on ~n San Bernard1no, California.
Should any legal action be brought by a party for breach of
this Agreement or to enforce any provision of this Agreement,
the prevailing party shall be entitled to reasonable attorney's
fees, court casts, and such other costs as may be affixed by
the court. For purposes of this provision, "prevailing part'
includes a party which dismisses an action based on this
Agenda Item 8.e.
Page 16
Areen~.ent in exchange for payment of the sung allegedly
due, performance of covenants allegedly breached or
consideration substantially equal to the relief sought in an
action or proceeding.
1'T. 'T~1~~~iA'I"I~~T
without limitation to such rights or remedies as CITY' shall
otherwise have by law, CITY shall also have the right to
terrn~nate this Agreement upon written nonce to ~ROI~ER,
should CITY experience an in~n~ediate and unplanned need
for return of the VEHILE. Such immediate and unplanned
need includes, but is not limited to, an errierency situation
requiring use of additional fire depart.ent equipment.
i
This venting constitutes the entire Agreern~nt between the
parties. loo modifications shad be effective unless the
modification is in written and signed by all parties to this
Agreement.
1 IELLAN~~~J
All covenants herein shall be conditions. Tirr~e shall be the
essence. Failure on the part of either party to enforce any
provision of this Agreement shall not be construed as a
waiver of the right to compel enforcement of such provision
or any other provision. The singular number shall include
the plural, and the masculine gender shall include the
feminine gender and neuter gender whenever the contest of
this Agreement perrr~its, This A.gree~nent shall be deemed to
have been drafted equally by both parties.
Dated;
pity of Arroyo Grande, municipal corporation
By:
pity IVianager
Agenda Item 8.e.
Page 17
Firs ~'ru~s Plus Inc.
Paul J. Batista and J or
Par~nela Ean~ilia
ATTEST:
City Clergy
Approv~~ as to form:
City Attorney
EHYBI~' A
ETJI~EN~' LIB'
I'~Y of ARI~~YD I~RANDE 199 SPARTAN GLADIATOR HI-fiEH
FIRE ENGINE
1 1~-FOGY A~'TI LADDEER
1 EA, 14-FOOT ROGF LADDER
1 EA, ~4-F~D~ EX'TENIN LADDER
1 EA, BULL AVER LADDER-END PRI~TETDR
EA, WHEEL HOB
1 EA, HDAL~L DDAL-BAER~ ~HARGrINC~ YTEM
1 EA. NIGNITGR KITH EASE
Agenda Item 8.e.
Page 18
~ ~V
~ ~r~a~~v~?~r~~
ti ~
~ ,~xw ~o,
MEMORANDUM
~~p~4~
Ta: ITV aUNIL
FROM: STEVEN ADAM, CITY MANAGER
aUB~ET: ~NIDERATIDN a~ APPaINTNIENT To ARHITETURAL
REVIE~11 oMMITTEE
DATE: JANI~ARY 24D8
RE~aNII~ENDATIaNF
It is recommended by Mayar Pro Tem Felfo~r the City Council approve:
• Removal of Jacklin Pontarelli fror~ the Architectural Revie~r Committee
ARC}; and
• Appointment of 1~ager Frederickson to the ARC.
It is recommended by Council Member Arnold the City council approve:
• Appointrnent of Kyle Harris to the ARC.
FINAN~AI. IMPACT:
There is no fiscal impact from this action.
BA~KRaUND:
~n January ~4, ~g9~, the City Counoil adapted ordinance No. 48'I amending the
composition of applicable Camr~issions and Boards from semen to five members
and alsa adopted Resalutian lVa. 31 establishing Council policy as ~t relates to
the appointment procedure to the Boards and Cor~rriissians, The ordinance
states that the Mayor and each respective member of the Council shall
recommend a representative to the various Commissions and hoards subject to
the approval by a majority vote of the Council. All Cornrnission and Board
Members serve at the pleasure of the council. Therefore, remava~ of a
Cam~rissian or Board Member also require City Council consideration and
approval.
ANA~YI of ItJ~:
Mayor Pro Tem Fello~vs has recomrr~ended the City Council rernove Jack~in
Pontarelli from the ARC and replace her Frith Roger Frederickson. Recently, a
vacancy occurred on the Architectural Revie~r Committee ~ARC~ when nary
cherquit resigned due to the relocation of his residence outside the City limits.
Agenda Item 8.f.
Page 1
~ITY~OUN~I~
APPOINTMENT T~ ARH~TETURAL REVUE' COMMITTEE
JANUARY ~D48
PACE ~
council fl~ember Arnold has recommended this vacancy lie filled by ~Cyle Harris.
Application forms for each of the recommended appointments are attached
ALTERNATII~E:
The foflor~ving alternatives are provided for the council's consideration.
- Approve the recommended removal and appointments;
- f]o not approve the recommended removal and appoi~trnents:
- Provide direction to staff.
ADVANTACE:
These appointments v~rill provide for a full mer~berhip of the ARC.
DIADVANTACE~
IUo disadvantages are identified as Ior~g ~ the appointments reflect tl~e desired
community representation on this committee by the pity council,
ENVIRONMENTAL R~VIEVIf:
No environmental reviev~r is required for this item.
PUBLIC N~TiFIATION AND OMMENT:
The Agenda vas posted in front of pity Hall on Thursday, January 1 2DOS. The
Agendas and report ~rere pasted on the pity's vwrebsite on Friday, January ~ S,
X08. No public comments ~rere received.
Attachrr~ents:
Boger Frederickson application farm
. Kyle Farris application form
Agenda Item 8.f.
Page 2
u
l Y i i
_ r
A A~ g~ ,
, ! e ~ ~ ~ `
` r'te' ~ 4 9'~ ~s ~ -
e ! ~ `a,.< ~ i , , 5 ; ky " f ~ N ~ eh 1. li i ~ ~ :Sr": , ~ t ~ ~ ~°q 1 ~ :i
~
_ ~ 1
~ ~ ~ ~
e
( b„
_
;tom
4 ~a ~ w ~ rte"
A
b '
-0- „
s., _ ~
. „ r
~ 4 c
T p , - I, 4,
- a
,
_ ~ ti~ ~w . U_._
,
y.. ...,.F ~......r...,
- W.~x..r-r-u...... L i
_ „awnrrmwnwww~ey^dtli ~...,,...w-.. ~1~. ~-.r „ ^n ~ .
.n
S-^. I? +i P ~ i+ lIq l ~ ~ A II,.S a~Y+ X ( I
l1«~ a, ~0.~ .4 t y+
..h i4.,,., i,
+
~ ~
~ . 4.j is _ . ~ m w w l ~i
d,
_
a 'r,_, .
~ x ~ r.,
1 e.:
~m .
, w,.
~`~~d~~
~ E
w
, . _ ~
y t;
.
~ .
.
.
u.
W.'WWWGWM ry _.~T„~,~
-~-~+w. w: m~+ww.
sv~x+w.•eei+Jei~ftea.. .w .
q~~;i ~ 0 4 V
f i l 4 r 1F i
~ ; it y ~ a ! ~ iY~~ ~,M lti~' L ..~Y ~.,'a+~ ~ ~U Ike I 'S/ ~ 'R fry 5 i ~ o,
r~ r
J I_,.-I t i3... ,,~4
r
~ r
+
~e
' ~ f
. b i _
- + m
..a,,..~.....~.... W i i
x
,.nwrswx,,:,..,, Y.W . :,..,W.,~.,
r:
...r...„
.
,W_._ -yn
m~-,.,~ ~m _ , _m. Yom.
S y L b
~ ~ ,
W ;
~ , ,
.N. . + ~ '
Y S-.. ~ L I t _ T. ~ IY~ L.~1. 'qFF F ~ i _ w p4' ~ 9 '9 ~ be~T 1 ~ % ~ ri Y Ii ~ ~ ;
rs ~
1 ~ ~ ~ x
ti
~ ~
a ~ ~ ~
~ u ~ ~ t yid I
~e~~ , x..
~
it
r~+ ~
p q~M
K
~ i
il
A _ ~
h' P'I a'K ~
rf ~
~i' ~
it ~
e _
~ ~ ri ,
t, r ,
~r~~~
F, ~
# ~f.
J! '~~~wyp(
r ~ ~>`4
~
Agenda Item 8.f.
Page 3
`ra't, .A'4 FA ~5,. ~
vk
r
o' R r. a ~ ~ k `
ry C ,~~1
r
i ~ G ~ 1 ~ fl i
Y J
11 V. ~S r ~trl~ M`4 11 li~~w'~ ~~7p~~~~ ~,4 ~ ,Jx~
,~.....ruu~•µ. ie
q ~ ~y p
~.~+~~~~7 ~~~~~,#~~~~1 ~ ~~~fi~ '~~'v,~~`~ ~ ~ ~~~l9A ~r9+~~,1~~~~:P+~'k ~ ~r ~~I~~~~ ~.:~i ~m.~~~14
~ qty
''Y A-S~` S~~r ~`r~,'~,rf~,~3 4 .~~}M96N'~&~~f4`..f ti~,„~~"°~~ LV/~~r
~ A
~~,,.~w i
f i
~.i l,, ~..r' ~ 7~ mil' ~
~;,;>~'rti;,.,.-_~......eaw~«~«.~4-»caro._=,.•-°-a~,n.~.__,N,o,~.-- ;,Y4uw~
w ~
~ ~
e $.>y ~ + 'ri ` ~ i fir. Y 1? & ~ ~ ~ ' ( ~*~~"~y
A~„~ 4 it i~"ti ~ • 1~, ^C'' ~k`_ dF
~ ~ .
~
r
4 ~ r r
' . ..nr~`
+r~we~+ _.,,,,.~,..,,~.~..n~-.~Li,+LC'_ ~l.mktn,,,;,.m,.....,.:m.,,o...,,~.o,.'~r; .r _ .,..,__.......,,.wa,....~.~w.,....'._ ,w-. - . ~
u
I~
~ ,
• 1 i I ~ o
~ r' k ~ L 5 ' a
- wn ~ ! i
u~ ~ ~
.U.t t~
_ _ _ ~ i. n
- - ~:___..-.a .Jh6..~.~x~ne
.1. ~ ~l ~ l4 C ~ 4 y1.,~ ~b~ i ..~w, ~.4 ~ ~ ~ A ~ ~ ~ ~ ~t~ ~ r+R` ~,m~`d' ~ ' ~ ~ +r~1 a~~•. ~ r
.6 ~ ,
a "
.r,~.,.~..ro~.,~.. .:~,~,~,F
~.._.....,,..._.......w_... _..,,.w,.~ mM.:,,~
t:.,: ~.Y~ s~` ~ay~,":''.~, a1, ~r~1 y;:J ,~'Y~ E..,~ ~'h~ ~'ld~='~ ~ ice' "7 Z.~~~U.~6~l'~a I~'~~'!~'+~v '~,'~'R
U'. ~ d~ In
_ ~i `
~ ,..~brz * _ . _ m - - ~r- ,,,,,,,,,,,,,,~...,.,,~,.,,.a. ,~~,s..,,,...,...,...~ Nw.,~~w. .a...ya,s.,~...~.,~~-. ~W r_,,, _ S.,,Ic~~~.,. T , ~C 4.. ~ ~.,y,-. ~
. „ f V"
r
' ~
`fix c.+~ '~j1
_ . - .
.~'t ~
~ ~ a..,...
~ ~ ~z_~,.._.. ~ ~ f 1.
...xx..~m _ ~ . . ~.r _ H~_...., _ ,.,.gym; _
s i ? . ~ 5 t r' r r.w r r'`r ~ ~ a~ r r E ~ ~ ~ I' I
~w ,y°~ ~p p^p
? ~ W
_ ,
;-0 err., N.~, ~ w~ ~ ,r,
~ 4 ~
~ ~ , ; . , k
r
~`t
x ~ ~ s
r
E. {,~l ~'rF {_,~i"~~1 F~a l.a~`~i~P'h~EF~6. '"tr ~:v 7~ ~~i.A 9W ~4~ 'I6.u~ ~ "a.d ~k~- ! 9, ' ~ ~M1 r ~fr rr.~ r7 ~.•Y t ,_..{~r1 ;r~i rig+: 1.
r+i ~XY d F4,p< ~ ~`6 F~l ~i 5 ~~r'i. ir'~ ~lf'~r•.,i i 11 k. °.i M1" ;y~ r,l ;q"ti';t ;l `t [~1 Yy .'F ~i R .j r;~ i
.
W
f•,rr-~ ~t_;s ':~'U1Plr{~.t i>>"u F ^ ~ ~ ~.ti.,1 ,p, iii ;-,ak L~,,dnn~
. ~ ~ t~ nit ~..j '~R~'~&'~'~i~~a~g ~~"t~~ ~~pr~~ ~r,r,~h~ .;.,.,E;`;"i,~~,~:.,~~, ,'sr.l~, i~`~~ :t~;
iYt'j.l~Cl~`}~f r''0 3f ~~;4j. r, ~ da'y ~ ~ ~ r i ~a~ 'f~ Ir~~h ,k", I 'r+
Page 4
r
r~
~~A .1
s 't ! ~ 'F, v
ti~,~~~~~ ~~~~~~"~'i
~4?~ fi~ r~~+~s~~~f
pr
. ,
~ ~ ~
r
d ~ ~
i.
u r ,r
w.
~ ray ; 'ri 1,~s w ~r"~`
F„ ~ f , ~ „
r , - g~v qg , I
6 i.. { ~ _ ~ ~ ._.l 4..r ~ I~~~' f . 1 ht t i I!_'~d ~ E ~ Y ~ t ~ 1
t~
p
ur ~ ~..d ~
~
- N ~
r~ ~ , -
i_.. ,.i ,,t l { l rl ~ t dl..a ~ =i ~ N ~ ~~~tivJ t. Y~ } ,.J ~~.Y~'5~~ k,~1~ ~i `~ry
F r
_ ~ - - - , _ a , _ ~ ~ ~
_ _ ~ u
~ F ~ b - ~ S w~.a ~ f~~ ~ AM 6 ~r i ~
~ Y
iI~_.. t t .fir ~~~~~I k~~ w,~~~~ '..~f~~~~ ~ ~~{.~99~I~~~~'«.~?
g~°~
~ f
b
` I S e
~ l r r
1 1,,, t r
n
~ ^^~~y
I - k,~ _
~ i
- a 4, , ~ ~ ~ , s ~ ~
. ~
. , ~ ~ ~ _ CJ ~ r' ~ ~ Ill I w....,~ r ~ i 16 ~ k
f IL p 'Y n~
, w
v . ; f._ ~J;~ P{,.~ ~~~~~~i:~w ~~.G~~ a .~~~~~''I
~z _ ~
_y
.
:~.„r~.x' ~ ' r'?~;'''y"! _ ~31``~'~'~r ~'w~'fr`~'* kw~;, ~~r~ ~:'`t~Y~si.~ p ~
.,~._~r t' ~ x, 'Y' . 'rgx~.
~ ~ _ , ~ r, ~I ppp ~ r ~00,~ ~ ~ . Jr^^^yyRRR r:~~ ~ ~nda Item 8.f.
~ ~ Page 5
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 8.f.
Page 6
~ IMCOHPQgA~E
~ ~
~ ,~xr ~o, f ~
~ MEI~~RANDUI~
T0: CITY COUNCIL
FRaM: STEVEN ADAf~IS, CITY I~ANAER
SUBJECT: CONSIDERATION aF EUNDIN RE(~UEST FaR THE BRISC~
RaADIHALCYON ROAD -ROUTE ~ 01 II~PR~IIEIVIENTS TO THE
SAN LUIS aBISPa COUNCIL OF COI1ERNl~[ENTS
DATE: JANUARY 22, ~0~8
RECOMI~IENDATI~N:
It i recommended the Council: approve the attached funding proposal to the fan
Luis Obispo Council of avernrnents LOO} far State Trensportatior~
Improvement Program ~STI P} funding far Brisca Road~Halcyon Road -Route 1 g~
Improvements; and authari~e staff to make adjustments to the proposal as
necessary to address Caltrans and Lana concerns a long as they are
consistent pith prior City Council direction regarding project alternatives and ~uithin
the proposed funding amounts andlor percentages.
FINANCIAL II~IPACT:
The tats! estimated cost far the initial proposed praject is ~ ~,~fi7,790. It is
recommended the City propane 35°l0, or t75D,g00, in local matching funds.
Therefore, the proposal includes a request far ~i,417,10 in STIP funds far the
remainder of the project budget.
EAI~RaUND:
At the November ~l, ~gg~ meeting, the City Council approved a preferred alternative
and funding strategy for the Brisco Road~Halycan Road -Route 1 D~ Interchange
Improvement Project. The strategy vuas designed to enoble the City to move farv~rard
in a timely and cost efficient manner Frith needed improver~ent given a number of
constraints that exist in meeting the STIP funding cycle deadlines, v~rhile
simultaneously complying Frith Caltrans planning requirements.
The LOCH Board of pirectors gill be considering programming of funds for the
next STI P cycle at their February r~eeting. As a result, staff has received a request
from SLCCO staff for infarrnatian on the City's praject and funding proposal far
car~ideration by the Board. since the information involves proposed local funding,
staff felt it ~auld be appropriate to obtain City Council approval of the information
Agenda Item 8.g.
Page 1
CITY GDUNIL
aNIDERATIaN aF FUNDING RECUEST FaR THE BRl~ RaAD~HALYaN
RaAD - RaUTE ~ IMPRaVEMENTa Ta THE SAN LUGS ~D~P~ aIJNIL aF
GOIIERNII~ENT
JANUARY 2~, 2~~8
PAGE ~
prior to ubrrrittal. The draft letter outlining information requested by SLO~OG is
attached for consideration.
ANALYSES aF ISSUES:
Two independent projects are being pursued. The first is primarily an Underpass
vlJidenin Project. The proposed project alternative approved by the pity council will
consist of tl~e follauving improvements:
- vllidening of the Brisco Road Underpass;
- construction of a southbound auxiliary lane between Halcyon Road and E.
Grand Avenue;
- construction of a northbound auxiliary lane between E. Grand Avenue and
~arr~ino Mercado; and
- Improvements to the E. Grand AvenuelRaute ~ g~ Interchange ramps.
Galtran standards normally require projects to meet acceptable level of service
LOS}operations for a ~0-year period. Projections indicate the Underpass vvidening
Project meets acceptable LOS operations through ~g~~. Therefore, a supplemental
Rar~p improvement Project is also proposed to resolve LOS needs beyond 2g~. In
order to address the Oaltrans requirement, the Underpass vvidening project was
defined as an "operational improvement", which would not have to meet the same 2D-
year LOS standard. vvhile regional Oaltrans representatives indicated additional
technical analysis was required an the project proposal, they initially expressed
suppartforthe concept of defining the Underpass l~llidening Project as an operational
improvement.
The projects were segmented because the l~r~derpas Ill~idening project involves the
need for only relatively minor design exceptions by ~altrant while the Ramp
lmprover~ent Project will require more extensive design exceptions. The length of
time required to process all design exceptions would delay approve! of PA~EU
beyond the tirr~e necessary to be eligible for the next cycle of STIP funding,
Staff has recently received feedback frarr~ ~altrans staff that they now may not
support classifying the Underpass vllidening Project as an operational improvement.
This would likely eliminate the pity's ability to compete far STIP funding for the
upcoming cycle.
Submittal of funding and project proposal information has been requested by
SLOGOG by next week in order to be considered for ST1 P funding At the time this
report was prepared, effarks were still underway to resolve the dispute with Oaltrans.
A a result, staff is also requesting pity council authorization to modify information as
necessary in the propased request to address Caltrans and SLOQ concerns a
Agenda Item 8.g.
Page 2
CITY OUN~L
~ONSIDERATIN GF FUNDING REQUEST FOR THE BRIOO R~ADIHALY~~V
ROAD - RGUTE 10~ II~PROVEI~ENTS TO THE SAN LUIS ~~ISPG D~UNIL GF
GOVERNMENTS
JANUARY ~~OS
PAGE
long as they are consistent with prior pity Dauncil direction regarding project
alternatives and v~rithin the proposed local funding amounts andlor percentages.
.
ALTERNATIVES:
The following alternatives are provided farthe Douncil's consideration;
• Approve the attached funding proposal to the San Luis Obispo council of
Oavernments {SLOCOG}for State Transportation Improvement Program TIP}
funding for Brico RoadlHlcyon Road -Route 1 D~ Improvements and
authorize staff ta~ make adjustments to the proposal as necessary to address
altran and SLOG concerns as long as they are consistent with prior Dit
council direction regarding project alternatives and within the proposed funding
amounts andlvr percentages.
• Make adjustments to the proposal and approve,
• Modify the former direction regarding preferred project alternatives and direct
staff to submit appropriate information.
• Provide direction to staff.
ADVANTAGES:
Approval of the recommendation will enable the pity to be considered far STIP
funding farthe proposed project in the upcoming cycle;
DISADVANTAGES;
Unless altrans support is obtained for the proposal, it is unlikely that the Dity will be
successful in obtaining funding approval,
ENVIRONMENTAL REVIEV~I:
No environmental review is required far this item. However, comprehensive
environmental review i being prepared for the proposed project.
PUBLID NOTIFIDT~GN AND DOMI~ENT:
The Agenda was posted in front of pity Hall an Thursday: January ~ 7, ~gg8. The
Agenda and report were posted on the pity's website on Friday, January ~ 8, ~Og~~
No public comments were received.
Attachments;
Proposed letter to SLOG
Agenda Item 8.g.
Page 3
~14 t B~~geh ~~re~t
Arroyo Grande, CA ~34~1
Phone: ~ 473-~44~4
~'f3~ 11~ANAG~R' ~FFtE ~AJ~: {8i~~~ 4'~3~038~
E•Nf ail: ngcity~a arrapogrnnde.org
January
Il~r. Ron Dearll, ~xec~tive Director
fan Luis Obispo council of governments
1158 os Street, quite 20~
fan Luis Obispo, California 93401
Subject: Brisco Road -Halcyon Roads Route ~ Interchange Project
Dear Mr, Dearli:
Thank you for your inquiry regarding the pity of Arroyo Grande's proposed
im rovements to the Brisco Road -Halcyon Road1 Route 101 Interchange, The
R
purpose of this letter is to pnovide the specific information requested, As you am aware,
the current underpass configuration has resulted in serious bevel of service and queuing
deficiencies, liven the impacts of the interchange to the rr~ainline, as well a the level
of traffic from the unincorporated Brea on the Mesa accessing Highway ~ 01 at this
location, this project has a high level of both regional end local significance.
Furthermore, the interchange constraints substantially impact the City's ability to move
forward with a number of efforts designed to address regional goals, including
affordable housing, economic develvpr~rent, and recreation facility projects.
The Ci of Arro o Grande has developed what we believe is an effective strategy
tY Y
deli ned to grove forward in a timely and cost efficient manner with needed
~ . .
im rovements. Two ~nde endent projects are being pursue. The frst ~s classified as
p ~ .
an o eratiorral irn rover~ent~ which is referred to as the Underpass ~Ill~den~ng Project.
p Pi .
The ro sad ro act altematrve approved by the City ~ounc~l will consist of the
p po P ~
following irnproverrrerrts:
• Vll~erring of the Brisco Road Underpass;
~ Construction of a southbound auxiliary lane between Halcyon Road and E.
Crar~d Avenue;
• Construction of a northbound auxiliary lane between E~ brand Avenue and
Camino Mercado; and
• Improvements to the rand AvenuelRoute 101 Interchange ramps.
It is the ` 's intent to provide LOCO with a draft project report b~ January 31, X08,
Y
concurrent with submittal tv altran for review and approval. Final approval of the
~AED document i expected by May ~ : ~g03. Therefore, it the City's Intent to provide
a ro'ect ro sal sufficient to meet LCC's timeline to develop funding
p 1 p Po
Agenda Item 8.g.
Page 4
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item S.g.
Page 5
fan Luis Obispo council of ovemments
January 2~~8
Page 2
recommendations, sr~d to meet ETC deadlines for caltrans approval prior to final ETC
TlP consideration. Funding for design and engineering is budgeted by the Dity in FY
2ooS~Og. Therefore, i# is estimated the project uvill be construction ready by FY ~009-
10.
The total estir~sted project cost is approxirrrately 1~. million. The Dity proposes to
provide a ~~°lo local match. The fo!lovwring funding plan is proposed;
TlP Funding currently Programmed for Auxiliary Lanes X500,000
TIP Funding fi,41 T,?g0
Lora! Funding l50 000
Tots! 10,fifilt~9o
The follovrring i a cast breakdo~rn by item and funding proposal:
Ntem Local Furrdi gg TIP Fundin To~ta!
P ~ ~ X1,098,900 0 $x,098,050
construction 2+09,70 5,0,080 $7,38,400
Construction support $405,950 x,059,20 ~,4fi5,280
Right~of-llVay ~ g~,?4~ ~ ~ ~,76~ lD~,~04
contingency Right-of-INay 19 ~ 0~0
Total ~,750,DO0 fi,9~ 7,790 X10,507,790
study i proposed tv continue on a supplemental ramp i~nprovernent project.
Alteratives have been identified and a preferred option has been designated by the
pity council, The city's in#ent is to complete PACED development of these
improvements and submit recorrrrrrendations to caltrans for consideration of design
exceptions during FY X008-09. !t is anticipated that the supplements! project Wray be
construction reedy by late FY ~ ~-201 ~ . The total project cast is estimated to be ~ ~ .5
million. No T1P funding is being requested for this project at this time.
sincerely,
teverr Adams
Dity Manager
cc: pity council
Director of Public IlVorlcslcity Engineer
Agenda Item 8.g.
Page 6
~ INCOHP~gAxE
c~
C I TY a F AR Rata C RAN D E
~"*r'°r'°" ~ C1TYC~UNCIL
N~TIE aF PUE~LIC HEARrN
~~o~~'
on TUESDAY, JANUARY 22, ~~~8, the Arroyo Grande City Council uvill conduct a
public hearing at T:~O P.I. in the CoUNC~L HAfI~BERB, ~1 E. BRANCH STREET to
consider the €aflo~ring item:
Consideration of Resolution Designating a Portion of Elm #reet Park a an aft
Leash Pet Area and Approval of an "Adopt a Park" Agreement writh the Five Cities
Dog Park Association ~FCDPA}. In compliance v+rith the California Bnviranmental
duality Act, the Cornrnunity Development Department has prepared a draft Mitigated
Negative Declaration, If the City Council does not feel that the Mitigated Negative
Declaration is appropriate, project approval gill not be considered.
The Council may also discuss other hearings or business iterr~s before or fterthe iterns
listed above. I€ you challenge the proposed action in court, you ray be limited to
raising only those issues you or someone else raised at the public hearing described in
this notice, ar in v~rritten correspondence delivered to the City auncil at, or prior to, the
public hearing. Carnments may be either: rrraifed to City Hall, P,o. Box g, Arroyo
Grande, CA 9~42~; delivered in person to the City Clerk's office at X14 East Branch
Btreet, Arroyo Grande; or provided in person at the public hearing.
Failure of any person to receive the native shall not constitute grounds for any court to
invalidate the action of the legislative body €or Which the native vas given.
Information about this pra~ect is available by contacting the Parks, Recreation and
Facilities Department at 473-5474. The City Council meeting gill be televised live on
Charter Cable Channel 0,
Kelly VII tmo ,City Clerk
Publish ~ T, The Tribune, Friday, January 1 ~ , X008
Agenda Item 9.a.
Page 1
~ INCQRPQ~4ATED
~ ~
~ J11L1~ 1D, 1911 ~
~F°~~ I~EI~~RANDUM
T0: CITY D~UNDIL
FR~~I: DOUG PERRIN, DIREDT~R ~F PARKS, REREATI~IV AND
FAILITIE
UBJET: ~NIDERATION ~F A RE~LUTION AD~PTIN A MITIGATED
NEATII#E DELARATI~N, DEINATIN A P~RTI~IV ~F ELI
STREET PARK A AN OFF LEASH AREA UE A A Doi PARK,
APPRO111N AN ADOPT-A-PARK AREEI~ENT WITH THE FIVE
ITIE PARK A~DIATION AND AUTH~R~7.ATIO~I FAR TIDE
CITY ~IANAER T~ APPR~I~E AND I~IAKE MINER HANCE AND
MDIFIATION AND To EXECUTE THE AGREEMENT
DATE: JANUARY 2~, ~D~8
RE~MNIENDATI~N:
staff recommends the pity Council:1 } adopt a ~esalution adopting a Mitigated Negative
Declaration, designating a portion of Elm street Park as an off Leash Area for Use as a
Dog Park, Approving an Adopt-A-Park Agreement ~"Agreement"} with the Five pities
Dag Park Association ~"FCDPA"} and Authorizing the pity Manager to Approve and
Make Minor changes and Modifications and t0 Execute the Agreement,
FUNDING:
No funding is required at this time. if approved, there will be some expenditure of staff
time and resources for improvement pkan review and increased park maintenance.
BA~R~UND:
The pity has been in discussions with representatives ofthe FDPA to identify a site for
a dog park in Arroyo Grande. III1ith aver a0 members OD in Arroyo Grande}, the
FCDPA rr~~ssion i "to create a local off leash park for dogs and their owners." In
addition, their goals include prorr~otian of responsible dog ownership, spay-neuter
programs, dog licensing, adoption and vaccinations. According tv FCDPA statistics,
there are ever ~,ggg registered dogs in Arrays Grande, yet there is no space
designated for owners to recreate with their dogs. If provided an adequate site, the
FCDPA has offered to design and to raise funds to construct a dog park in Arrays
Grande and to assist v~rith the operation, monitoring, cleanup and maintenance of the
tacit ity.
Agenda Item 9.a.
Page 2
CITYC~UNCIL
cONiDERATION OF A RE~LUTIQN AD~PTINC A MITIGATED NEGATIVE DECLARATION,
DESINATII~C A PORTION OF ELM sTREET PARK A AN OFF LEAaH AREA FUR UsE A A DOG
PARK, API~ROVINC AN ADOPT-A-PARK AGREEMENT VIIITH THE Fl11E cITIE DDC PARK
ASSOCIATION AND AUTHORIZATION FOR THE c1TY MANAGER TO APPROVE AND MAKE MINOR
cHANCES AND MODIFICATIONS AND TO EXECUTE THE AGREEMENT
JANUARY X008
PACE ~
Atone time, the FQDPA was unofficially using the costa Be11a retention basin in drover
Beach ~ dog perk. However, the Dity of drover Beach rejected the site as a dog park
and in February 2000 started citing owners of off,leash animals.
~n late ~~Ofi, the retention basin owned by the Dity of Arroyo Grande, located at X420
Sa~+th Elm Street in ~ceano, was identified by staff a a possible site for a dog park.
However, after meeting with representatives from San Luis ~bispv bounty, the ~ceano
omrnunity Services District and the 1=DPA, it was determined the South Elm Street
basin site would be very difficult to develop due to water, maintenance, jurisdiction,
supervision and liabiiity issues. Subsequently, FDPA representatives and staff
identified an alternative, viable site at the south end of Eim Street Park, near the pump
stations. The site has minimal active recreational use. Irrigation, potable water and
parking are available, and restrooms are nearby,
At its June ~ ~~Ol meeting, the Parks and Recreation Domr~iivn unanirr~ously
recor~rnended the Dity council designate the southern portion of Elm Street Park
Attachment ~ , Exhibit A~ as a dog park and that the auncii approve an M~U with the
FDPA. At its August ~ 4, ~00~ meeting the pity Douncil held a public hearing and
adopted a Resolution designating a portion of Elm Street Park as an off leash pet area,
approved a Memorandum of Understanding ~~`IQU"} with the FQDPA and authorized
the pity f~anagerto approve minor changes to the M~U.
Subsequent to the to the August 14, X007 Dity Dauncil r~eeting, three issues
developed: First, representatives of the owner of the Park Place Apartments, located at
400 South Elm Street adjacent to Elm Street Park, challenged the validity of the pity's
approval of the dog park site, citing the lack of adequate findings under the alifarnia
Environmental Quality Act ~"DEQA"~. Second, the FDPA claims to have ~0~{c}~y non-
profit status under the urr~brella of San Luis Obispo Parks, open Space & Trails
Foundation ~"SL~P~ST"~. However, SLQPQST declined to sign the IIIf~U. Lastly, the
FDPA elected not to obtain independent legal status, which would enable it to sign the
approved ~IQU. A a result of these issues, the matter has been placed on the Agenda
far further consideration by the council.
ANALYSES ~F SUES:
In response to the environmental challenge, and in compliance with the Dalifornia
Environmental Quality Act, the Community Developr~ent Department prepared a
tlllitigated Negative Declaration Attachment for the proposed doh park site.
N~itigations include planting landscaping along the southern boundary to screen the
dog park visually from the adjacent apartments; daily clean up and disposal of dog
waste; restriction of construction hours from B:OD a.m. to ~:aa p.m. ll~ondy through
Friday, and between 8;00 a.m. and x;00 p.m. on Saturday; hours of operation limited to
8:~0 a.m. to dusk: and to have posted signs regarding rules and regulatians.lf the pity
Agenda Item 9.a.
Page 3
cITYauN~IL
CONSIDERATION of A RESOLUTION AD~PTINC A MITIGATED IV~GAT~VE DECLARATION,
DESICNATI~lG A PORTIaN ELM sTREET PARK As AN OFF LEASH AREA FoR UsE As A DEC
PARK, APPROVING AN ADAPT-A-PARK AGREEMENT VIIITH THE FIVE CITIES DOC PARK
AssOCIAT~ON AND AUTHORISATION FOR THE CITY MAI~ACER TO APPROVE A[VD MAKE MINOR
ORANGES AND MODIFICATIONS AND TO E~ECUTETHE AGREEMENT
JANUARY ~~~5
PACE 3
Council does not feel this Mitigated Negative Declaration is appropriate, project
approval gill not be considered.
In lieu of an MOIJ, ~uhich requires the signature of a legal entity for enforcement
purposes, staff has prepared an Adopt-A-Park Agreement Attachment 1: exhibit B},
similar to those used by fan Luis Obispo County. The FCDPA has agreed to "adapt„
the dog perk; these efforts gill include the design, and to raise funds to canstr~ct
improvements for the dog park and to assist pith operation, rrtionitoring, cleanup and
maintenance of the facility. The change vas reported to the Perks and Recreation
Commission rho determined it vas not necessary far them to reconsider the item.
Currently, there is no ADA access to the proposed dog park site. Ho~vever, FCDPA
representatives are proposing construction of a path~ray from Elm street to the
proposed dog park and to the Elm street Community Center.
dome residents of the adjacent apartment complex may have concerns about the hours
of operation and potential increased raise frar~ barking daps. originally staff eras
recommending operating hours of ~:aa a.m, to dusk. Ho~rever, as a mitigation measure,
staff is nog recommending operation hours of ~:gD a.m. to dusk. It should be noted that
daps are currently allovued in the Park r~ithaut restriction, subject to existing leash la~v.
Alternative sites have been mentioned, including the northern end of Elm street Park
and hurrah Park in Pismo Beach, Haever, the northern end of Elm street Park has
much mare active recreation, including soccer and special events. In addition, the
Public Vl~orks and Parks Departments' access road to grater and irrigation Drell is an the
north end. Lastly, the nevuly renovated group barbeque area i nearby, v~rhich could elicit
Health Department concerns. staff discussed the Chumash Park idea Frith the FCDPA
representatives, vuho indicated much of the terrain is steep, pater is not readily available
and the site i not central.
ALTERNATIVE:
The follovuing alternatives are provided ~orthe Council's consideration:
Approve staff's recommendation to adopt a Resolution adopting a Mitigated
Negative Declaration designating a portion of Elm street Park, at the southern
boundary of the property as an off-leash area far use as a Dag Park,
approving an Adopt-A-Park Agreement ~vith the Five Cities Dog Park
Association, authorising the City Manager to approve minor changes and
modifications to the Agreement and to execute the Agreement;
• Modify the proposed mitigation measures to be more stringent and adopt the
Resolution and Agreement;
Agenda Item 9.a.
Page 4
c1TY coUNCIL
coNIDERATI~N OF A REDLUTION ADAPTING A MITIGATED NEGATIVE DECLARATION,
DESIGNATING A P~RTI~N OF ELM STREET PARK A AN oFF LEASH AREA FAR USE A A DEC
PARK, APPRO111NC AN ADAPT-A-PARK AGREEMENT VI~ITH THE FIVE cITIES DEC PARK
A~cIATIOI?~ A~VD AUTHORIZATION FoR THE cITY MANAGER T~ APPROVE AND MAKE NlINGR
CHANCES AND MODIFICATIONS AND TO ExECUTE THE AGREEMENT
JANUARl~ 22, ~~~5
PACE 4
• Direct staff to prepare recommendations to relocate the Dog Park to another area
of Elrr~ street Park;
• Direct staff to identify other alternative sites;
• Modify staff's recommendations and approve;
• Do not approve staff recommendations; or
• Provide direction to staff.
ADVANTAGE:
Dity auncil designation of the southern portion of Elm street Park as an vff^leah area
for use as a Dag Park and approval of the Adapt-A-Park Agreement will allow the
FDPA to continue design of the facility, pursue donations and otherfunding and move
forward vuith ~r~provement plans. The site has minimal active recreation use, irrigation,
potable water and parking are available and retroorns are nearby. According to the
FDDPA there are ~1,g00 registered dogs in Arroyo Grande. Establishment of the Dog
Park will provide a venue far animals and their owners to exercise and socialize in a
safe, controlled environment.
D1ADVANTACE:
Designation of the southern portion of Elm street Park as a Dog Park eliminates use of
the area for other recreational activities and is opposed by the owner of the Park Place
Apartments.
ENVIRONMENTAL REIIIEV~I:
staff has reviev~red this project in compliance virith the Dalifornia Environmental duality
Act ~EC~A}, the CEQA guidelines, and the pity of Arroyo Grande Rules and
Procedures for Implementation of ESA. 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 council's
consideration. fee Initial study, Attachment
PUELI N~TIFIATIQN A~VD DoMMENT:
All property owners within three hundred feet X300'} of EIm street Park and alI residents
of the Park Place Apartments located nearby the proposed site were notified by mail of
the public hearing. The owner of the Park Place Apartments was personally contacted
to ensure he was aware of the hearing.
Attachments:
~ , Resolution
Exhibit A -Aerial photograph depicting the site of the proposed Dog Park
Exhibit B - Adopt A Park Agreement
Initial study -Mitigated Negative Declaration
Agenda Item 9.a.
Page 5
ATTAHI~ENT ~
REaLUTI~N N~.
A RE~LUTI~N ~F THE CITY ~UNiL ~F THE CITY ~F
ARROYO GRANDE AD~PTINC A I~IITIGATEf~ IVEATIVE
DELAI~ATI~N, DEINATfN A P~I~TI~N OF ELI
STREET PAf~K A AN ~Ff= LEASH PET Af~EA FOR USE A
A f~O PARK, APPRVAL OF Aft ADOPT-A-PARK
AGREEf~IENT V~IfTH THE FIVE DfTiE DEG PARK
AOIATION AND AUTI~~RIZATION F~f~ THE DITY
I~Af'VAOER T~ APPROVE AND MAKE I~IN~R DHANCE
AND f1~~DIFIDATION ANf) T~ E~EOUTE THE
AOREEI~EfVT
~VHEfEA, the pity of Arroyo Grande ~"pity"~ owns and operates ~ public multi-
purpose park {the "Perk"} commonly known as the Elrn Street Park located at X50 .
Eln~ Street} and
IIVHEREA, a group of pity and San Buis Obispo bounty residents known as the Five
pities Dog Park Association ~"FDPA"} has requested that the pity designate a portion
of the Parkas an off leash area far canines to be used for human and canine recreation
{the "Dog Park" or Project"~; and
I~VHEREA, the F~DPA has agreed to improve at its sole cost, end to assist in the
operation and maintenance of the Dog Perk, pursuant to the terms of an Adopt-A~Park
Agreement ~"Agreement"}; and
I~IHEf~EA, the pity has reviewed the proposed Project in compliance with the California
Environmental C~uality Act SEA}, the EQA guidelines and the pity of Arroyo Grande
f~ules and Procedures for Implementation of ESA and has prepared a Negative
Declaration with Mitigation Measures for the Project ;and
II~HEREAE, the pity council finds that it is in the best interests of the residents of the
pity and the surrounding cor~rnunity to designate a portion of the Park as a Dog Perk.
N~1~11, THEREFORE, BE IT f~E~OLVED, that the pity council of the pity of Arroyo
Grande hereby adopts a Negative Declaration with Mitigation Measures and designates
that portion of the Elm Street Park depicted in Exhibit "A," attached hereto and
incorporated herein by this reference, as an off leash area far use as a Dog Park,
subject to all applicable rules and regulations,
BE IT FURTHER RE~LVED that the pity council approves the Adopt-A-Park
Agreement attached hereto as Exhibit "B" and authorizes the pity Manager to make
minor modifications to the Agreement, and to execute the Agreement. This Reoiution
shall supersede resolution No. 40~.
Agenda Item 9.a.
Page 6
RES~L.UTIOI~ hlo.
PACE 2
~n oration of ounoil ~ler~ber , seoonded by council IUlember
and on tf~e follov~ring roll pail vote, to pit:
AYES
NOES:
ABSEI~T~
tl~e foregoing Resolution vas passed and adopted this ~2n~ da~r of January, BOOB,
Agenda Item 9.a.
Page 7
~E~LUTI~N N~.
PAGE 3
TINY ~ERRARA, MAYOR
ATTEST:
KELLY ~VET~I~RE, CITY CLERK
APPR~IIEI~ A T~ ~NTEI~T:
TE11EN ADAM, CITY ~IANAGE~
APPROVED A T~ ~ORI~:
TIMOTHY ,J. ARI~EL, DiTY ATTORNEY
Agenda Item 9.a.
Page 8
~,..a- d
r' ~ Ihl
` M x
y.
"'r4
u
L
iii. ~i i
r ~iF P( I
~ Yr
~ ii
b
~ uw ~
x ~ ~ ~
iii~
4 Hsu
w
IH ` II
i ii
u m
i~~i ~
i
Im i
~i ii~~
V..
4 ui.
uu /l•
Il
i r;
i, A. I/ ~ T'. i. • 6 ~..i y ,,..i, ~ III
f' ':.III
` ~ i i
I~~~'
! i i
f.A
A'
I~~l~
t
i.
F~
~ i, ~
f
' iu~J
I ~ .
~
- '.i.
,
~i i
:.,iii q~i '
Y
~ ~ ~ ~ Y '
+ .
r
H!` ~ 4 r}f' rry
1 +`r . , ~ i
'~R( w'
r
u ~
,
*~i~. y
i h
x,
~ fi '
~
~
,
~ ~
~
~y i k, ~
7V r
y ~i
F
~,{w(
~y
a
,,M y~
i 'i,
! ~
Iii ~ ~ ,
ar
rt
it ~i, i
f F
` ° i
i~ 'I
u~,,;,
~ ~,<P
i
r.
` ~~r
i~
1
i
,j, ~ f
, „
'I, t ~
i.
.,r a ~
c.
y
~A i
{
n..
.r~ ' i ~ .r
Yr r
I
~ ( I
r
~ ~ 1
it : i
I
~T
n
{M r ~
i ,r p
I
.
4
t
II = 1 `
AMT. ~ ,
r.
~t
j . «"~M
~ i
~ ~ n ~fi'
,
, t I,~I
9 e ~ ~
F w
s.
uti
~ ~
`i c
r , ' 'y A n5 a
y ~ I
,w w , uuu ~ g;
~fl .
~
,
w r ~
~ ~ t ~ ~ ~ r
~ ~a ~
x -d r
-
` ~ r ~
r ~ ~
i. ~ 'e'
~I ~
~ ~ I:
w
~ /
r
.1
~ Ci.
1 I
lr
Y' a
Agenda Item 9.a.
Page 9
CITY F ARR~Y~ GRANDE
ADAPT-A-PARK AREEI~ENT
This Adopt~a~Park Agreement thereinafter `Agreement"} is rude and entered this
day of , ~a~ by and between the City of Arroya Grande, a Municipal
Corporation of the State of California {hereinafter the "City"} and the Five Cities Dag
Park Association, a community volunteer organization thereinafter "FCDPA"}.
IHEREA, City is owner and operator of certain real properly {the "Property"}
commonly known as Elm Street Par~C, which is located at X50 South Elm Street in the
City of Arroyo Grande, County of San Luis ~bipa, State of California; and
I~IfHEREA, the FCDPA is a community volunteer organization committed to
establishing off leash canine-related recreation within the five cities area, including, but
not limited ta, construction, operation and maintenance of dog parks; and
II~HEREAS, the FCDPA and the City recognize the need for an off-leash pet area in
Arroyo Grande; and
WHEREAS, an January the City Council officially designated and reserved a
portion of Elm Street Park near the southern boundary of the Property, as generally
depicted in Exhibit "A" attached heretot as an off leash area for use as a dog park the
"Dag Park"} sub~ectta all applicable rules and regulations; and
V1~HEREA, the FCDPA understands, acknowledges and agrees that the Dog Park is
part of an active City park, awned by the City and operated for the benefit of the general
public; and
1HEREAS, City recognizes the FCDPA as an adapting organization far the Dog Park;
and
~UHEREA, by this Agreerr~ent, the parties wish to specify the terms and conditions for
the construction, operation, use and rr~aintenance of the Dog Park.
New THEREFORE, in consideration of the mutual covenants and conditions set Earth
herein, FCDPA and City agree as follows:
Section ~ . Contruot~~n.
~a} Subject to the approval requirements set forth in section ~ {b} below,
FCDPA shall, at its sole cost, cans#ruct fencing, gates, signage, bulletin
board, sanitary mittlbag dispensers and other similar improvements and
install landscaping in the Dog Park,
Agenda Item 9.a.
Page 10
{b} before any construction may occur, FCDPA shall submit an Improvement
Plan to the pity's Director of Parks, Recreation and Facilities and Director
of community Developr~ent describing and depicting all proposed Dog
Park improvements. FCDPA shall not commence any construction
activities until such Ir~provement Plan i approved in writing by the
Director of Parks: ~ Recreation and Facilities and Director of Community
Develapn~ent.
ectlon Maintenance.
FCDPA agrees to provide the following minimum maintenance activities:
{a} Daily monitoring of the Dog Park and rerr~oval of dog waste;
fib} Assist and perform ongoing maintenance of all improvements in the Dog
Park;
{c} Assist with management and enforcement of all rules and regulations
imposed on the Dog Park by City; and
{d} such other services as determined to be necessary or appropriate by City
far the safe and orderly operation of the Dag Park.
FCDPA shall be responsible for informing volunteers and other participants of safe work
methods used in carrying out construction, park cleanup and other maintenance
activities.
seotion . Records.
FCDPA sf~all submit to pity a Project Record of all Dog Park activities, including
construction, maintenance and inspections, on a quarterly basis, unless otherwise
requested by City,
section 4. Guidelines.
FCDPA acknowledges receipt of and agrees to conform to the terms and conditions of
.the California Joint Powers Insurance Authority guidelines.
section No Possessory interest,
1=CDPA understands and agrees that it shall not have any possessory interest in the
Dog Park and that any improvements rude therein by FCDPA are for the sale benefit of
the general public and shall became fixtures to the property and the exclusive property
of City.
section fi. pity's Rights and obligations.
~a} I~Ilithout 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 heelth, safety or
welfare.
Agenda Item 9.a.
Page 11
fib} The pity shall provide and pay for the necessary utilities for the Dog Park
including grater, garbage and electrical services.
~c} The pity reserves the right to modify the use vf, or close the Dog Park, in
its sole discretion.
ectian T. Indemnity.
To the fullest extent permitted by lair, F~DPA shall inderr~nify, defend and hold
harmless pity, and any end all of its employees: officials and agents from and against
any liability ~rhere the same arise out of the gross negligence or ~rillful rr~isconduct of
FDPA or any of its members.
IN 1~111TNE ~11HERE~F, the parties hereto have caused this Adopt-A-Prk Agreement
to be executed by and through their respective authorised officers, as of the date first
~uritten herein above.
1TY of ARROYO ~ANDE FIVE ITIE Do PARI{ Aol?4TION
Y~ Y~
Tony Ferrara: Mayor
its:
Attest:
Kelly 1J1Jetmore, pity Dlerk~
Director of Administrative services
Approved s to Form:
Tir~othy J. Carmel, pity Attorney
Agenda Item 9.a.
Page 12
ATTACHMENT ~
~ a~~°~'o
~ MIC4APORA~E
u m
~ ,rulr t4, 1l11 ~
C1TY OF ARROYO CRAND~
INITIAL STUDY SUMMARY ~ ENVIRONMENTAL CHECKLIST
Project Tile No, Staff Pro'ect No~ 07-~11 3b~ Sauth Elrr~ Street
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The proposal 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 an rnitigatian measures ar praject revisions tv either reduce
these impacts to less-than-significant levels or require further study.
~ Aesthetics ? Geology and Soils ? Recreation
? Agricultural Resources ? HazardslHazarlou Materials ?Transportationlirculation
®Air Quality ®Noise ®vVastewater
? Biological Resources ? Papulation~Housing ~ Hydrology & Vila#er Quality
? Cultural Resources ®Public Services~Utilities ? Land Use
DETER~IIINATION: ~'a be completed by the Lead Agency}
On the b~is of this initial evaluation, the Environmental Coordinator Ends that:
The proposed praject COULC NOT have a significant effect an the environment, and a
NEGATIVE DECLARATION will be prepared. .
® Although the proposed praject could have a significant effect an the environment, there will not be
a significant effect in this case because revisions in the praject have been made by or agreed t~
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 praposed praject MAY have a "potentially significant impac#" or ~patentially signifi~;ant unless
mitigated" impact on the environment, but at least ane 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
EN111RONMENTAL IMPACT REPORT is required, but it must analyze only the effects that
remain to be addressed.
? Although the praposed project could have a significant effect on the enviranrnent, because all
potentially significant effects ~a} have been analyzed adequately in an earlier EIR or NEGATIVE
DECLARATION pursuant to applicable standards, and fib} have been availed ar mitigated
pursuant to t1~at earlier EIR ar NECATIV DECLA ION, including revisions ar mitigation
measures that are imposed upon the pr e e othin Furth -i required.
Kell hleffernon, Associate Planner 1 ~1~8~~7
Prepared by Print} ~ star Date
Rob Strvn , Communi Develo ment Directo 1 81~~
Reviewed by ~Print~ Si ate Da#e
Agenda Item 9.a.
Page 13
Pro'ect Environmental Anal sfs
The City's environmental review process incorporates all of the requirements for completing the
Initial Study as required by the California Environmental duality Act ~CE~A} and the CEQA
guidelines. The Initial Study includes staffs on-site inspection of the project site and surroundings
and a detailed review of the inforrxration in the file far 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 #a 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 Develapn~ent Dept. uses the checklist to sumr~arize the
results of the research accomplished during the initial environrrrental review of the project.
Persons, agencies or organizations interested in obtaining more information regarding the
environmental review process far a project should contact the City of Arroyo Grande Community
Development Dept. at 214 East Branch Street Arroyo Grande, A 9340 or call {80~} 4~3-4~g.
A, PR~JET
I.~CAT~~~I:
The project is located at 5a South Elrn Street ~a acre portion of Elm Street Park between
the pump stations and the southern park boundary}.
Pro~et bite
D~SCRIPTI~I~: Proposed is the operation of an off leash pet area the "Dog Park} open to
the public and is located in the southern portion of Elm Street Park. Surrounding the site is
residential develaprnent to the south and east, and park facilities to the north and west. The
Dag Park would consist of approxirnately a half an acre of open park space fenced on all
sides, installation of gates, landscaping, signage outlining the appropriate rules and
regulations, bulletin board, sanitary mittlbag dispenser, trash receptacles and other similar
improvements designed to be conducive for the safe enjoyment of the Dog Park. The Dog
Park would be divided into a small dog area and large dog area. The facility would not include
additional lighting and would be open Pram 8:~~ AM to dusk, The development and operation
of the Dog Park will be a joint venture between the City and the Five Cities Dog Park
Association ~FCDPA} through are "Adopt a Park" agreerner~t,
Agenda Item 9.a.
Page 14
~r ~~ISTI~I~ ETTIN
LAND USE CATECOI~Y: Community Facilities ~CF-Park}
l~NllV~: Puhlic Facility ~PF}
EXIT~N USES: Elm Street Park
T~P~RAPHY: Flat
VEETATI~i'V: Turf, trees and perimeter hedge along southern edge of the park
PARCEL SIDE: Approximately ~ acres Elm Street Park portion only
URR~UNDIN LAND USE CATE~DRIES AND USES:
Norll'~: ~Ilediurn High Density and High Density ~asl: Medium High Density and Very High i
Residential ~MHD and HD~; Residential Density Residential ~MHD and VHD};
Development Residential Development
Sough: High Density Residential AHD}; INes#: Community Facilities ~CF-Sports 1
Apartments Complex; Soto Sports Complex
C. EIVV~R~NMENTAL ANALYi
During the Initial Study process, several issues were identified as having potentially significant
environmental effects see following Initial Study. Thane potentially significant items associated with
the proposed project can he minimized to less-than-significant levels by incorporating the ~?itigation
measures listed below. All mitigation measures contained in this Initial Study shall be Conditions of
Approval for the praject.
CITY ARR~Y~ ~AND~
INITIAL TllDY HE~CLIT
AE~TH~TIS - will llre pro~ecl: ~~tentiaily Impact can insignificant Not
significant &gill be Impact Applicable
mitigated
a} create an aslf~etically incompatible ? ~ ? ?
site open to public view
b} fnlroduce ~ use w~ll~in a scenic view ? ? ® ?
open to pubfic view
} change the visual character of an ? ? I~ ?
area?
area to glare ar nigh t ligh tr"ng lha t ? ? ? ~
may affec# surrounding areas?
e} ln~pact unique geological or ? ? ? ~
physicaf features ?
f} ether ? ? ? ?
Agenda Item 9.a.
Page 15
betting, The project will create an off-leash Dag Park pet area located at the auth edge of Elm
street Park, Currently existing in the designated Dog Park area is turf and three pump stations.
Proposed improvements to the pet area {fencing, gates, trash receptaclest signage, landscaping, etc.}
would not alter the park character. No additional lighting will be installed.
Park areas used by dogs can become littered with dog feces if not properly maintained. To
encourage pro per disposal of droppings within the Dag Park, sanitary mittlbag dispensers and trash
containers will be provided, and signs will be posted Qutlining the rules and regulations of the Dog
Park. The Five Cities Dog Park ~ssociatian ~FCDPA} will monitor, police and provide maintenance
assistance by volunteers on a regular basis.
Impact. The proposed use is compatible with the existing park use of the site. The praject will not
block any public or scenic views, substantially change the visual character of the area, or create any
significant glare or night lighting. However, the Dog Park gill be located adjacent tc an existing
apartment complex, and additional landscaping for screening purposes is proposed to mitigate direct
visibility.
I~itigationlConclusion. Ta mitigate visual impacts to the existing apartments located south of the
praject, additional landscapinglhedge shall be installed.
1.1: A landscape and irrigation plan shall be submitted for the Dag Park, indicating tall
and fast growing trees planted along the southern praject boundary to screen the
Dog Park visually from the adjacent apartment complex. Landscaping shall be
installed prior to opening the Dog Park to the public,
Responsible Party: Five Cities Dog Park Association {FCDPA}
Monitoring Agency: City of Arroyo Grande -Parks, Recreation and Facilities
Department
Timing: Prior to opening the Dag Park
AR1~JLTURAL R~~~R~ Potentially Irr~pact carp Insignificant dot
: ign~ficant & wrll be Impact Applicable
- Will fhe prolecf: mitigated
a~ Convert prr'rne agricultural land to ? ? ? ~
nor-agrr'cultural use?
lrnpair agricultural use of off er ? ? ? ~
property or result in conversion to
other uses?
~ onflJct with exls~r'r~g zoning or ? ? ? ~
WilJlarno~a A ct program ~
Other ? ? ?
betting, The subject property is not located near any land designated Agriculture or used for any
agricultural purpose.
Impact. No impart to agricultural resources.
IitigationlCanclusion. Na mitigation required.
Agenda Item 9.a.
Page 16
~i~ AfR {UAL1~"Y - llVill the project: Potentially Impact can Insignificant Not
significant will be Impact Applicable
mitigated
a} Vi
ola to arry s to to or federal arnbier~ t ? ? ~ ?
air qualitystandard, or exceed air
quality emission thresholds as
established by bounty Air pollution
oontrol ~~strict ~AP~D~?
b} Expose any ensitr've receptor to ? ? ® ?
substantial air poll~r#an#
concentrations?
cJ Create or subject indr"viduals to ? ~ ? ?
objectionable odors?
Be inconsistent With the ?istrict' ? ? ~ ?
olear~ Air Plan ~
e~ other ? ~ ?
betting. The fan Luis Obispo Caunty Air Pollution Control District {APCD} has developed the
Air Quality Handbook to evaluate project specific impacts and determine if air quality mitigation
measures are needed, or if patentially significant impacts could result. The City refers to this
Handbook far all discretionary projects subject to CEQA.
irr~pact. The Dog Park is expected to have abaut 75 daps visiting each day. Although many people
wii! drive: it is expected some people will choose to walk their dogs} to the park. Based an the
expected number of daily trips bless than 75}f the APCD Aar Quality Handbaak indicates that no
patentially significant air quality impacts would result frar~ the Dog Park and therefore no rni#igation is
required. impacts to air quality during construction would be negligible since na grading would occur.
The accumulation of dag waste could create abjectionable actors if not cleaned up properly.
MitigationiConclusion. The fallowing mitigation is required #o lessen the po#ential impact of
objectionable adars.
MM 3.1: Clean up of the Dag Park of any trash and dag caste and emptying of trash
containers shall accur an a daily basis.
Responsible Party: i=CDPA
Monitoring Agency: Ci#y of Arroyo Grande --Parks, Recreation and Facilities
Department
Timing: on-going once the Dag Park is open
~~~~~~A~ _ patentially Impact can Insignificant Not
Vlliil the pro.ect. significant & will be Impact Applicable
~ mitigated
a~ Result in a loss of unique or specr'al ? ? ? ~
status species or their habifats~
Agenda Item 9.a.
Page 17
~E~~ Potentially Impact can Insignificant Nat
11~~f1 the r~ ec#: significant & v~ill be Impact Applicable
p J ~ mit~~ated
b~ Reduce the ex#en#, diversify or ? ? ? ~J
qu~litjl ~~#i1/~ ~r p#her ~!~?~~r#~1?#
ve~e#a#ion?
c~ lm~aac# we#land or riparian habi#a#~ ? ? ?
d) lr~#rodcrce barrr'er ~nover~er~# of ? ? ?
residers # or ~rigra#ory t
rsh or wiidlr'fe
species, or fec#ors #ha# could hinder
the r~orma! ac#ivi#ies of ~rild~ife?
e~ other ? ?
betting. The project site is located within a developed park area in an urbanised setting. There are
no significant trees or waterways on site that would provide habitat for birds, mammals ar aquatic
speCle.
Impact. The project site i not located near any creek, creek tributary ar 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.
Mitigationl~oncluion. Project development gill have no impact on biological resources and
therefore no mitigation is required.
J. ~ L~~ SAL - Potentially Impact can Insignificant Not
Ul~iil the ro'ec#: significant will be Impact Applicable
P J m it~gated
a} Dis#urb pre~his~oric resources ~ ? ? ® ?
b} Disturb #~is#oric resources ? ? ~ ?
Di#urb paleor~#olog~ical resources ? ? ~ ?
betting. The project is not located in an area that has been identified as a known site far cultural
resources.
Impact. There will be no grading as a park of this project, and therefore there are no potential impacts
to cultural resources.
~litigationloncluion. Na mitigation required.
" " - Agenda Item 9.a.
Page 18
ß¹»²¼¿ ׬»³ çò¿ò
п¹» ïç
FfA~ARD I~A~ARD~U Potentially Impact can Insignificant Not .
~gnificant wi11 be Impact Applicable
~IAT~RIAL ~ Wrll the proje~#: mitigated
a~ Result err a risk of explosr'on or ? ? ?
refese of ha~ara~or~s substances
~e.g. or't, peticiafes, chemicals,
ra~iation~ or exposure of people to
hazaralous substances
h~ interfere with an emergency ? ? ?
response or evacua#ion plan
expose people to a~e#y risk ? ? ? ~
aocr'ated with airport flight
pa#tern~
d~ increase fr're harard risk or expose ? ? ?
people or truct~rre to high fire
hazard conditions
create any other heal#h ha~aralr or ? ? ~ ?
po#en#ia~ harard~
t~ ~#her ? ? ? ?
betting. The project is not Ipcated in an area of known hazardous material contamination. The
project is not v~rithin a high severity risk area far fire, The project is not within an Airport Review 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 pion.
Mitigationl~onclusion. Na mitigation required.
-Will the project: Potentially impact can insignificant Not
~gn~ficant ~ will ~e Impact Applicable
mitigated
a} expose ~eop#e noise Levels that ? ? ~ ?
exceed fhe i#y' poise ~lemen#
threshol~~
enerafe increases in the ambien# ? I~ ? ?
noise ~eVeI for adjoining areas
c~ expose people to severe noise or ? ? ?
vibration
other ? ? ? ?
betting. Existing ambient noise in the vicinity of the project site is primarily generated by vehicular
traffic on youth Elm street. Existing noise levels would be increased temporarily during the construction
phase of this projeck. Noise resulting from construction activities gill be shark-term, and is subject to the
it's Noise ordinance. Long-term noise levels at the project site may also increase somewhat due to
barking.
-
Agenda Item 9.a.
Page 20
Irrrpact. The project is expected to generate same Haile during construct~an that gill impact adjacent
residential development. Noise generated by dogs barking will also have a negative impact, These
are car~idered potentially significant impacts that can be mitigated to aless-than-significant level with
irnplernentation of the Belo mitigation measures.
i~litigationlonclusion. chart-term noise impacts generated from construction activities can be
mitigated through limiting construction hours and implementing the operational mitigation rrreasures.
Limiting the hours of operation v~ill also mitigate sang-term increases in noise from Dog Park use.
iii 8,~ ; Construction activities shall be restricted to the hours of 8 a, m. and 7 p.r~. ~landay
through Friday, and between 8 a.m. and ~ p.m. an Saturday. Na construction shall occur an
Sunday. Equipment maintenance and servicing shall be confined to the same hours, To the
greatest extent possible, construction activities should occur during the middle of the day to
minimize the potential for disturbance of neighboring noise sensitive uses.
Responsible Party: FCDPA
Allonitoring Agency: City of Arraya Grande -Public Works Dept.; Parks,
Recreation and Facilities Dept.
Tirneframe: During construction
MM 8.2: Fours of operation for the Dag Park shall be limited to 8 AM to dusk.
Responsible Party: FCDPA
Monitoring Agency: City of Arraya Grande -Public Works Dept.} Parks,
Recreation and Facilities Dept.
Tirneframe: On-going once the Dag Park is open
PPULATfN1H~UIN ~ Potentially Impact can Insignificant Not
UVill fhe ro'eo~: ign~ficant & w~l~ ~e Impact Applics~le
~ ~ mrt~gated
a) fnduce suhstantral growth ire arr area ? ? ~ ?
e~fher directly or indirectly ~e.g.,
through projects in an undeveloped
area or extension of n~a~or
rnfras#ructure}?
b~ displace existing housr'r~g or people, ? ? ? ~
requiring construction of
replacement housing elsewhere
c} Create fhe need for suhstar~tr'al new ? ? ?
housing r'n the area?
d) else substantial arr~ount of fuel or ? ? ? ~
energy
e) Cther ? ? ? ?
betting, The project site currently serves as a community park facility and i not zoned far single ar
multiple family residential development. General Plan Policy Gbjective PR1 indicates that more parks
and recreation facilities are needed v~rithin the City, and vacant land is increasingly more difficult to
obtain far recreational use a the City reaches buildout. Although special needs hauling is allowed
through conditional use perrn'rt, it is unlikely to occur given that the site is already dedicated as a
Agenda Item 9.a.
Page 21
recreational use, It is not anticipated that the project would induce growth since the site alread~r
serves as a park, and infrastructure would not be extended as a result of project implementation.
Impact. The project will npt result in a need far new housing, and will not displace existing housing.
No significant irr~pacts to population or housing are anticipated.
~Ilitigationlonclusion. No mitigation required.
PUBL1 ~R111~lUTILlTI~ Potentially Impact can Insignificant Not
significant ~ wail be Impact Applicable
~Nrlf the pro~c# have an effect mitigated
upon, or resuft rn the need for new
or altered public services in any of
foflowir~ areas:
a~ ~r're protection ~ ? ? ? I~
Police pro#ection~ ? ? ® ?
c~ ch~ols~ ? ? ?
d~ Roads ? ? ® ?
e~ solid Was#es? ? ® ? ?
~~her ? ? ? ?
betting. The pra~ect would have an insignificant impact to pity services, facilities and schaols,
However, development of the Dog dark will require additional trash pick-ups due to increased use of
the area, dome additional grounds maintenance will also be required, limited to picking up any trash
and dog waste, emptying trash, ongoing maintenance of Dog Park improvements and landscape
maintenance.
Impact. The project is expected to generate additional solid waste requiring mare frequent trash
collection. No other significant impacts to public services or utilities are anticipated,
IIIlitigationl~onclusion, fee MM . ~ .
Potentially Impact can insignificant Not
significant & will be lrnpact Applicable
~I ~ . R~~~EATlN -Will the projects ~iti~atea
a~ fncrease the use or den7and for parks ? ? ® ?
or other recreation oppvr#unities?
b) Airfecf~ the access to galls, parks or ? ? ® ?
other recrea#r'on opportunr"ties ~
c} ~#her ? ? ? ?
betting. The project site is located within an existing corr~rnunity park. The proposed Dag Park is
consistent with the existing use.
trnpact. No adverse impacts to recreational uses are anticipated.
Mltigationlonclusivn. Na mitigation is required.
Agenda Item 9.a.
Page 22
TRANP~RTATI~NI Patentiaiiy Impact can Insignificant Not .
. ~ignit~cant will be Impac# Applicable
!l~U LATIN - IIV1ll the project: mitigated
a} Increase vehicle trips to local or ? ? ® ?
areawide circulation systern~
Reduce existing r~Levels of service" ? ? ® ?
on public roadway{~ ~
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?
f} Result in inadequate r'nternal traffic ? ? ~ ?
circulation?
~ ~onnict with adopted policies, plans, ? ? ~ ?
or programs supporting alternative
transportat{on ~e.g., pedestrian
access, ~us turnouts, b~cy~l~ racks
etc.}~
Result in a change in air traffic ? ? ? ~
patterns that may result in
substantial safety risks
i~ ether ? ? ? ?
ett~r~g. Vehicular access to the site is provided via an existing driveway off of Ash Street.
Pedestrian access is available from both Ash Street and Elm Street. Thirky-eve ~3} parking spaces
exist in the Elm Street Park parking lot, which are often filled with vehicles from preschool, tennis and
softball participants. Twenty-six ~~G~ or more additional on-street parking spaces are generally
available on the South Elm Street frontage.
Impact. Based on the San Diego Association of Governments Vehicular Traffic Generation Rates,
the Dog Park would generate approximately one ~1 }trip during the AM peak hour period and two ~2}
trips during the PM peak hour period. This is significantly less than the Gity's threshold of twenty
peak hour trips to require a traffic study and mitigation.
It is estimated that approximately seventy-five dogs and their owners will use the Dog Park daily.
Although it is anticipated that many dog owners will choose to walk to the Dog Park the park is
located within an established residential area}, users of the Dog Park will place further demand on the
limited parking provided within the Elm Street Park parking lot, As an alternative, dog owners can
park on South Elt~ Street between Ash Street and Fair yaks Avenue where approximately twenty-six
{2~~ parking spaces are available and under utilised. This is considered adequate parking since dog
owners will visit the Dog Park throughout the day in short durations.
Mit~gationlonclusion, Parking is considered adequate when considering adjacent on-street
parking on South Elrr~ Street and trip generation would not significantly impact any road segments or
Agenda Item 9.a.
Page 23
intersections. Additionally, the City Bike Plan proposes tv provide bike lanes an South Elm Street by
a "road diet" including median turn lane and parking on both sides. The street i adequate for
projected Average Daily Trips ~ADT} and no level of service ~t~S~ deficiencies exist in the area. No
mitigation is required.
~ ~ wAT~wAT~R - Vtli!! the project: Potentially Impact can Insignificant I~at `
ign~frc~nt &~rill be Impact Applicable
mitigated
Violate waste discharge requirerr~errts ? ? ?
for wafewater systems?
b} ~arrg~e the quality of surface or ? ? ?
grvu?~d~ater ~e.g., rritroger~-loading,
daylighting~ ~
c~ Adversely affect c~mrnurrity ? ~ ?
~rastewa~er service provider?
d~ ether ? ? ? ?
betting. The South San Luis Obispo County Sanitation District ~SL~CD} provides wastewater
collection and treatrnent services far the Cities of Arroyo Grande, Grover Beach and the
unincorporated community of Gceano, and awns and maintains all of the main sewer trunk lines.
Because the project does not include any additional toilet facilities, connection to the City's
wastewater sys#em is not necessary, and therefore no adverse affect to the City's wastewater service
provider ~SI*~D} is anticipated. Dog waste can, however, irnpact the quality of surface andlar
groundwater if not cleaned up on a regular basis There is little that can be done regarding dog urine,
a#though contamination from dog feces can be successfully managed through consistent clean up and
education.
Impact: 11Vhile human waste is treated through septic systems, animal waste sits on the ground and
can saturate down into the shallow groundwater if not properly managed. Flowever, given that the
project site is not hydraulically connected to any wells ar creeks, the impact to water quality of the
City's domestic v~rater supply ar sensitive riparian areas is expected to be negligible. In order to
decrease potential impacts to groundwater, consistent clean up and maintenance of the Dog Park is
necessary and therefore mitigation i required.
IVlitigationlConolusion. Potential impacts to groundwater can be reduced to an insignificant level
with implementation of the mitigation measures below.
MM ~ ; Similar to M . ~ ~ all dog waste shall be removed from the Dag Park on a daily
basis. City Parks, Recreation and Facilities staff shall perform periodic inspections to ensure
that the Dag Park is properly maintained.
Responsible Party: FCDPA
Monitoring Agency: City of Arroyo Grande -Parks, Recreation and Facilities
Dept.
Tirr~eframe: Gn-going ante the Dog Park is open to the public
MM 1~.~: The Dog Park shall be pasted with signs giving reasonable notice to any pet owner
using the Dog Park regarding the rules and regulations, especially as they relate to cleaning
up after their dogs}. All signage shall first be approved in writing by the City's Parks,
Recreation and Facilities Director.
Agenda Item 9.a.
Page 24
Respansib~e Party: F~DPA
Monitoring Agency: Dity of Arroyo Grande -Parks, Recreation and Facilities
Dept.
Tirneframe: Prior to opening of the Dog Park
~ ~~D~~L~~ AND WATER Poten#ially Impact can Insignificant Not
Significant & will ~e Impact Applicable
~UAL~TY - IN~II the project: miti aced
g
Violate ar~y water ~ualrty standards ? ? ? ~
b} Discharge into surface waters or ? ? ~ ~
otherwise alter surface water quality .
{e.g~., turbidity, temperature,
dissolved oxygen, etc.~~
c~ har~ge the gruality of groundwater ? ® ? ?
~e.g., saltwa#er lntrusiorr, r~itrog~en-
loading, etc.) ?
d~ ~har~e the quantity or mover~er~t of ? ? ® ?
available surface or ~roundwater~
e} Adversely affect water supply ? ? ? ~
~ ether ? ? ? ?
ettMng. The project will not significantly alter the existing condition of the site, v~rl~ich includes turf
and three pump stations. The grass will remain, and improvements will be minimal. Development
of the site will increase irnperviau surfaces only with the water trough, which will be an a concrete
pad. otherwise, runoff 4will filter through the ground, as is the current situation. Given the small sire
of the praject area ~appraxi~nately half an acre} and the expected frequency of use X75 dogs per day},
it is not anticipated that the prajec# would violate any water quality standards. The praject does not
discharge into surface waterer and implementation of the Dag Park will not change the quantity ar
movement of available surface or groundwater. Additional water usage far the praject as compared to
existing is limited to drinking water far dogs and (heir owners and irrigation of new landscaping. The
turf is currently irrigated.
~mpac#. The proposed project will not significantly change the quantity of groundwater through direct
additions ar withdrawals, since the praject description daes not include improvements that would
change groundwater through these methods. The rate of flaw of groundwater is also not anticipated
to change a a result of this project, Impacts to groundwater quality could occur with dog waste,
which i addressed above under Vllastwater.
M~tigation~anoiuion. fee MM ~ ~.1 regarding impacts to groundwater quality. Na additional
mitigation i necessary.
'1 LAND USE - Will the project: Inconsistent Potent~al~y ~onitent F
Incans~stent Applyable
Agenda Item 9.a.
Page 25
~ LAND - lNill the pro~ec#: Inconsistent Potentially Consistent Not .
~noons,tent Applicable
~e po~entfa~l~I In~o~~lten# wi#h ?
u~, potr'~ylreg~latron {e.g., General
Plan, Develop~rer~f odej, adopted
to avor'd or r~ilfgate for
environr~en~a~ e~Fec~?
b~ Ba po#entr'ally rr~~onsr~lent with ar~y ? ? ® ?
habitat or cornmunr#y conervatiorr
plan?
C} po~entialiy 1f~C~f~~IS#el]t IN1~h ~ ?
adopfed ageno~ environrner~ta!
plans or policle wr'#h jcrrrsdlolion
over the pro~ec#~
d~ Be po#entially in~or~pa#rhle Sri#h ~ ~ ~ ?
urroundr'ng land ~rses~
e) 0#her ? ? ? ?
ettinllmpact. surrounding uses are identified on Page of this Initial study. The proposed project
was reviewed for consistency with policy and~or regulatory documents relating to the environment and
appropriate land use fie..: City's Land Use ~Ierrwent, Development Code, caning N1ap, etc.}. fihe
project was found to be consistent with these documents and caries.
I~itigat~onl~onclusion. Nv land use inconsistencies have been identified and therefore no additional
rneasures above what wi11 already be required are determined necessary.
Agenda Item 9.a.
Page 26
ß¹»²¼¿ ׬»³ çò¿ò
п¹» îé
Exhibit A -Initial stud References and A enc Contacts
The City of Arroyo Grande has contacted various agencies for their comments on the proposed
project. 111~ith respect to the subject application, the following have been contacted {marked with an
and when a response was made, it is either attached or in the application file:
Contacted ABC
? County Public Vllorks Department
? County Environmental Health Division
? County Planning Building & Fire dept.
? County Agricultural Cammissior~er's office
~ Air Pollution Control District
~ Regional vlfater Quality Control Board
? CA Department of Fish and Gave
? CA Department of Forestry
? CA Department of Transportation
? U Army Corps of Engineers
~ D. bounty an~tat~~n District
The following reference materials have been used in the environmental review for the proposed
project and are hereby incorporated by reference into the Initial study. The following information is
available at the City Community Development Department,
GURCE LIST:
~ . City of Arroyo Grande General Plan ~Gctaber 2~~1 ~
2. City of Arroyo Grande General Plan Land CJse hliap ~~ctober 2~~~ }
3. City of Arroyo Grande Development Cade
4. City of Arroyo Grande Zoning heap
City of Arroyo Grande Existing betting and Community Issues Report
City of Arroyo Grande General Plan Program ElR ~~ctaber ~~01 }
7. Air Pollution Control District Clean Air Plan
8. fan Diego Council of Governments -Vehicular Traffic Generation Rates
ATTACHMENT:
A; Project Plans
Agenda Item 9.a.
Page 28
TTY H E I T
s
:.,.~~~~..~.~~~~.--..~.w~„
_._,.,~,.-~.F_ ~ ~ ~ ~
a~ ~ «ry{,~+-M*kµ~+,~.^ psi 6",~~+e,.",~-,-. ,wn. ~ wr4wWr-'"."~ w"" , "+''H7~ +4{W~"~M~*'++ r~e* I~ ~ 4
u~ i
i
* r.
I
t
I
p A i
j r
t
i,
1
+ "
h
r-
i
{ I
III,
L r
~
1
~
f w ~
1" ~
; .
1~ 0
~ ; ,
o
~ ~ , ,k k
~~u,
y
~
~
v y.
-
d
~ y
~A~~~,,;
r
e
~ ~
~ ~ ~ ~ ~
a- ~
~
i
- ~ ~ ~
ry
II
4.
aMU
ul.
,r''' ! I
~ Ni u~y
I _
ti i
b II I
u i
Ii ~ ~
tll , .
~.J
i
C!J 4
~ j
~ O
b
~ ~
r
Y
4.;
ti
~ ~ u h
f
I ~i
A
~~I ~ ~
~~4
'I
~ a,
U
~ ~
~
N
n d
C6
,f~
~ ~ ~ ~ ~
~
r~ ~
~E ~ ,
'
N / Y ~
~ 4 .4 ~
A'
f".
'i hV
_
M+WY
f
~ ,
i f
i
~ ~ 1
q~,~ ire-
~ ^
„ " „i i i
~+'"'""~r+ti~„
i i
i
I
ui u: a *!I
i
~ i
* r~`
r' ~ s iu,
y
~ r 3 I'
i
~'y
a _
~ ii _
i "
~i °l r 1~
i~
{ ~ s~
~4
r i ~
i~~i i A
~
~ ~ ` ~ N ,
r
'I
~ t i
iiv.
I
e~ n
h
'iy i~
~
.,.r.,_,....~ ~ ~
`t
~ ~ x i
~V
~ `
y I
~ ~
i
~
4
~ Qa ~ s
!Il T! ~
- Win.
I;P~ , e it
Agenda Item 9.a.
m Q~na..7Qr,...~~.„
! ~
C
1 ~
r M
C
¦
i
L
.
C
YJ
~r
S
~~r!
` ~ '
~ ~ ~ M ~
V"3 1
y '
7 •4
r
. ~ n em 9.a.
age 30
' ~
~ N~COAPQ+~A~E
CITY OF ARROYO GRANDE
* ,~,cY,o,,~~, CITY COUNfL
NOTICE OF PUBLf HEARING
~~o~~
. On TUESDAY, JANUARY 2~, ~~~8, the Arroyo Grande City Council gill conduct a public
hearing at ~:0~ P.M. in the COUNCIL CHAMBERS at E. BRANCH aTREET to consider
the following item;
CONIDERATf~N OF A RE~OLI~TI~N GRANTING ANENT TO THE SAN Ll~l ~BfPO
AUNTY BOARD OF UPERVI~OR TO CREATE THE SAN Ll~l OBIP~ BOUNTY
TOURIBM BUSINESS IMPROVEMENT DITR~CT II~ITHIN THE BOUNDARIES ~F THE CfTY
OF ARROYO GRANDE. The City Council gill consider a Resolution granting the San Luis
Obispo County Board of Supervisors the ability to: ~ } create the San Luis Obispo County
Tourism Business Improvement District ~BID~ within the boundaries of the City of Arroyo
Grande, and 2} grant the Ban Luis Obispo Board of Supervisors jurisdiction for all the purposes
in connection with creation and operation of the proposed Ban Luis Obispo Tourism Business
Improvement District, with input from the lodging businesses and participating pities, if adop#ed
by the County Board of Supervisors, the proposed Business Improvement District would collect
one percent ~1 °lo} of the paid rent charged by hotel operators per occupied rvorrM per night for all
transient occupancies. Collected assessments would be used to administer marketing and
visitor programs to promote the bounty of Ban Luis Obispo a a tourism visitor destination.
In compliance with the California Environrr~ental duality Act ~CEQA}, the Community
Development Department has determined that the proposal i not considered a project under
the California Environmental Quality Act {CEC~A} per ESA Guideline Section 1 ao1 ~b}~3}.
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 courk, 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.
Comments may be either: ~1 } mailed to the Community Development Department, P.O. Box
~bo, Arroyo Grande, CA 934~~ ; delivered in person to the Community Development
Department at X14 East Branch street, Arroyo Grande, or provided in person at 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 47-~4~0. The City Council meeting gill be televised live on Charter Cable
Channel
Kelly tm e, City Clerk
Publish ~T, The Tribune, Friday, January 1 X008
Agenda Item 9.b.
Page 1
~ ~~~°ro
° ~
~ IN~ORPO~Afi~Q
MEMORANDUM
* 1~, ~~i~ ~
1~~~
T~: CITY oUNIL
FRAM: RIB STR~N, C~MMUN~TY DEVELOPMENT DIRECTOR
BY: JIM GERMAN, ASSISTANT Pt.ANNER
SUBJECT: D~NIDERATI~N OF A RESOLUTION RANTING DoNSENT TO THE
SAN LUIS oEIP~ DoUNTY BOARD ~F SUPERVI~R T~ CREATE
THE SAN LUIS oBISPo COUNTY ToUR~M BUSINESS
IMPROVEMENT DISTRIDT li'IIITHIN THE BOUNDARIES OF THE CITY
~F ARROYO GRANDE
DATE: JANUARY Z408
REoMMENDATION:
It i recommended that the Council adopt a Resolution granting the San Luis Obispo
County Board ~f Supervisors the ability to 1} create the San Luis Obispo County
Tourism Business lmproverr~ent Cistrict ~Bla}within the boundaries of the City of Arroyo
Grande, and grant the San Luis Obispo Board of Supervisors jurisdiction for all the
purposes in ~~nnection with creation and operation of the proposed San Luis Obispo
Tourism Business Improvement District, with input from the affected lodging businesses
and participating cities.
FINANDIAL IMPACT:
No fiscal impact to the City. The proposed County B1D ordinance allows for the City to
charge an administrative fee to cover actual collection costs, up to two percent of the
total amount collected by the City estimated 90o maximum}. The City currently
collects Transient Occupancy Taxes and additional B1D assessments could be collected
simultaneously, at minimal costs
BAKR~UND:
The San Luis Obispo County 1lisitor and conference Bureau ~VCB}r at the request of
members of the lodging industry throughout the county, is attempting to establish a
countywide tourism Business improvement District. The specific purpose of the B1D js to
promote the Oour~ty and participating cities as a tourism destination from f~rnds raised
from hoteliers based upon an assessment of occupied rooms. Funds will allow the
creation of a sustained tourism promotion budget and enable a significant campaign to
be launched in an effort to increase visitor demand. The VCB believes that the number
of new rooms entitled countywide combined with slowly declining occupancies requires
the additional promotion see attachments ~ and ~ for background inforrnat~on produced
by the San Luis Obispo Visitor's and Conference Bureau}.
Agenda Item 9.b.
Page 2
CITY C~~lNIL
CaNIDERATI~N a~ A REaLUTIaN GRANTING ANENT TTH~ SAN LUGS
aBlPa ~NTY BaARD UPERIIl~~S TO CREATE THE SAN LUIS ~BIaPa
BOUNTY T~URIM BUSINESS IMPRa11EI~ENT DITRIT
JAN VARY 2008
PAGE 2
ANALYSIS ~ ISSUES:
BID Creation Process
The BlD creation process is set by State law {989 Parking and Business Improvement
Area Law} and allows businesses the ability to raise funds for specific purposes that gill
benefit those assessed. It i important to note that the ~ 98g Parl~ing and Business
improvement Area Law is Hat subject to Prapositian 8 voting requirements that Haver
ether forms of assessment d istricts.
The formation of this particular countywide BID involves multiple steps including
autharizatian from the County and cities wishing to participate in addition to those being
assessed. The Jaunty, acting as the lead agency, has approved a Resolution of
Request to farm the BID within the boundaries of the Jaunty and within the cities of the
County. The item presented for City Council consideration requests the City of Arroyo
Grande consent to allow the BID to fora within the City's boundaries and to participate
in the countywide BID if the County Board of Supervisors establishes it after a protest
vote hearing. Formal hearings on the actual formation of a BID will fallow at the County
level on January ~9, 20g8. The formal hearings gall allow thane businesses being
assessed the oppartur~ity for a protest vote. A successful protest vote would consist of
objection from a "proportional majority" of affected parties based upon thane paying 5g
percent or more of the proposed assessment. Agencies considering estabiihr~ent
include the Jaunty of San Luis Obispo, the City of ll~orra Bay and the City of
Atascadero~ If these agencies, slang with the City of Arroyo Grande, accept B1D
establishment and a protest vote i not successful, it is estimated that ~ ,20,196 will
be available far BID marketing {see table below}~
ena BID at 1 °l~ Government Fundin Membershi Han-lad in Total Estimated Bud et
L~ Count $663x948 X313,492 $8,444 $985,884
Marro Ba $189, 783 2~, X06 $8,265 $212, 988
tascadero $4,859 $12,168 1,4 ~ 9 X51,438
ro o Grande $44,96Q 1,666 3,3~~ $59,86
otai $946,496 $35,318 $16,388 $1,32D,19
currently, the 1lisitor and Conference Bureau markets San Luis Obispo County and
participating cities with funding collected Pram business and government membership
{currently only the City of Pismo Beach does Hat participate} and other mechanisms
such as co-op advertising In 209, the 1lCB budgeted ~~2,~4~ to marketing and
related activities, such as filrn promotion and Internet services from a total budget of
804,18. If all five of the government entities adapt the BID, and government funding
remains unchanged, the VCB's budget gill increase by $481,000. It i important to Hate
that due to the structure of State law, the cities and businesses that operate in thane
cities that do not participate in the BID vuill not be allowed to directly benefit from BID
services provided through the 1106. This also means individual businesses who are
currently rnernbers will Hat be able to participate in any furtherllCB marketing.
Agenda Item 9.b.
Page 3
CITY COUNCIL
aN~D~RATIaN ~F A REa~LUT~aN RANTIN C~NENT T~ THE AN LUIS
aB1~0 COUNTY BARD OF SUPER111oRS To CREATE THE SAN LUIa BISPo
C~UNTYT~URfI~ BUS~NE I~IPROI~EI~ENT DISTRICT
JANUARY 2~, ~Q~S
PAGE 3
Missing from the list of potential participating cities in the BlD are Pismo Beach, San
Luis Obispo, Grover Beach and Pasa RoblesF The Dity of Pismo Beach has its own
Ovnference Visitors Bureau and does not participate in regional promotions. After the
BID proposal was circulated, hoteliers in the pity of San Luis Obispo started to discuss
a San Luis Obispo pity-only BID. currently, the San Luis Obispo Oity-only BID has been
continued indefinitely by the pity council awaiting consensus fram hoteliers within the
City. A mediation group among pity of San Luis Obispo hoteliers is scheduled for
January 0, 2Dg~. Discussions continue in Pasa Robles between hoteliers over the
issue of joining the BID process.
Staff delayed consideration of the BID as long as passible to deterrnine ghat other cities
will be participating. However, the pity has been notified that a decision must be rnade
by January 2g08 in orderto participate this year.
Proposed bounty BID Ordinance
Attachment is the proposed Ordinance that gill be considered by the bounty Board of
Supervisors in order to establish the BID. The Ordinance includes specific legal
language rely#ed to: Definitions; Authorised Uses; Boundaries; Levy of Assessment and
Exemptions; Annual Review of Assessment; Imposition of Assessment; Use of
Revenue; Delinquency, Penalties and Interest; County Advisory Board, Dailection,
Enforcement and Administrative Fees} Severability; and Modification and
Disestablishment. Summarized and highlighted below are five specific sections:
Authorized Uses, Levy of Assessment and Exemptions, Annual Review of Assessment,
Advisory Board, hlladification or Disetablihment.
Authorised Uses- The purpose of the BID is to provide revenue to defray the casts of
services, activities and programs promoting tourism, which gill benefit the operators of
hotels in the district through the promotion of scenic, recreational, cultural and other
attractions in the district a tourist destination. In effect, the proposed BID seeks to
promote the County of San Luis Obispo and participating cities against other regional
rnar~ets, such as Santa Barbara and Monterey Oounties. Attachment 4 is a listing of ~5
functioning BID's in Oalifornia and eight regions investigating BID formation Promotion
of the district will occur through activities and programs that include tourism advertising
based on n annual business plan, marketing of conference, group and film business
and the marketing of the district to the travel industry.
Levy of Assessment and Exemptions Revenue far the activities and programs of the
BlD will be generated by an assessment on all existing and future hotel businesses at a
rate of one percent °lo~ of the rent charged to the customer, Exceptions from the
assessment are complimentary rooms and extended stays Iongerthan 3~ days.
Annual Review of Assessment -Each year, the County Board of Supervisors will hall a
public hearing and i required to hear and consider all protests. If written protests are
Agenda Item 9.b.
Page 4
CITY ~UNIL
~~NrDERATE~N ~F A RE~LUTIN RANTING ANENT T~ THE SAN LUG
~BlP~ COUNTY BARD ~F UPERVI~R T~ CREATE THE SAN LUIS ~B~P~
C~~JNTY T~URI~I B~JINEa IMPR~IIE~IENT DISTRICT
JANUARY 2~, Z~08
PACE 4
received from hotel businesses in the district paying fifty percent ~g°lo} percent ar more
of the annual assessment, na further proceedings to continue the levy of assessments
shall take place.
Advisory Board -The BID ordinance language vuill establish an advisory board
consisting of at least five members from the hotel industry, three members from
the unincorporated county and one member from each participating city. The Advisory
Board will be charged v~rith approving the BID budget and business plan.
Il~odiflcatlan or Disetablishment -Provisions in the ordinance alloy for the
modification end disestablishment of the BID. A key article alloys a city to ithdra~ its
consent to allover the BID to operate vuithin the city limits by adopting a Resolution. This
provision gives a strong incentive far the Visitor and Conference Bureau to serve
merrMber cities and hoteliers urrel[ and allov~rs v~rithdrav~rl if the BlD program does not meet
e~cpectatians or is negatively impacting tourism. This section also allov~rs for the
modification of the BlD boundaries addition or subtraction} through the public hearing
and protest vote requirements. This option could be used by a city not initially
participating to join the BID at a later tire.
Tourism and Arro o Grande
Tourism is n important component of the economy of the City of Arroyo Grande and
has been recognized in the Economic Development Element of the general Plan.
Specifically:
• ~BJECT111E EDP - Develop a strategy in the pity that promotes the importance
of tourism
POLICIES ED5-~ -Became an active participant in the Ban Luis ~bispa
Countywide tourism programs
• IMPLEMENTATION II~EAURE ED5-1.~ -Financially support the Ban Luis
Obispo CountyVisitors and Conference Bureau
ALTERNATIVE:
The follovuing alternatives are provided for the Council's consideration:
- Adopt a Resolution alloyring the tourism BID to be established in the City of
Arrays Grande;
- flllvdify as appropriate and adopt the Resolution alloyring the tourism BID to be
established in the City of Arroyo Grande;
- Do not adapt the Resolution;
- Provide direction to staff;
Agenda Item 9.b.
Page 5
ITYGUNIL
oNIDERAT~oN of A REoLUT~ON GRANTING ~~NENT T~ TI~iE SAN LUG
o~IPO COUNTY BARD of UPER~IIoR To CREATE TI#E SAN LUG oBIPo
COUNTY T~URII~ BUiNE ~I~PRO~EMENT DISTRICT
JANUARY Z~~B
PAGE 5
ADVANTAGE:
The terms of the Business Ir~proven~ent District ordinance creates many safeguards
end advantages. They are a follows:
• Assessment money can only be used for the benefit of those assessed
~hoteliers~ end is limited to the purpose of marketing fan Luis Obispo County
and participating cities as tourism destinations.
• Hoteliers who have aself-interest in maximizing marketing programs gill
recommend how assessment funds should be spent through the BID advisory
beard.
• The amount of funding for marketing programs grows with increased occupancy
and room rates.
• The City of Arroyo Grande and any current member business will remain a
member of the 1lisitor's and Conference Bureau and will continue to receive
advertising end marketing services
• The City will retain a seat on the Board of Directors of the Visitor's and
Conference Bureau.
• Funds from the assessment, which will total approximately 4~,OOO, will allow
entry into a selective marketing pool of over 1. million. since non-participating
cities and their businesses cannot receive benefits frorr~ the llCB, the City of
Arroyo Grande and businesses located within the city will receive advertising in a
favorable ratio as compared to our countywide hotel market share.
• The City has no replacement funding or tourism marketing organization to
spearhead tourism promotion.
• ordinance language allows the City Council to pass a Resolution removing
consent for the BlD to operate within the City limits at any tire.
• The majority of hoteliers in the City who responded to staff contacts indicated
they were supportive or neutral regarding the proposal.
DIADIIANTAGF:
staff has identified the following disadvantages to allowing the formation of a tourism
B!D within the City:
Agenda Item 9.b.
Page 6
CITY GoUNlL
oNlDERATloN of A REoLUTlof~! CRANTINC oNENT To THE SAN DUI
o~lPO oUNTY BOARD of UPE~VIo~ TO ~EATE THE SAN LUIS o~IPo
DoUNTY ToURll~l BUINE II~1PROVEf~IENT DlTRIDT
JANUARY ~ODB
PACE ~
• Many hoteliers in the pity have stated that guests are already uncomfortable
paying the ~ 0 percent Transient occupancy Tax and an additional one percent
will rake their business less competitive
• Due to the action of other municipalities, the entire county will not be represented
in one unified marketing plan. This can lead to city vs. city market competition
instead of regional competition fortourism market share.
• Bince the protest vote is countywide: hotel owners vwrithin the pity of Arroyo
Grande representing a majority of rooms could oppose the formation of the BID,
but it could still go into effect unless opposed by owners of a majority of rooms
countywide.
EN11~RONI~ENTAL ~EI~IEII~~
In compliance with the California Environmental duality Act ~ECA}, the community
Development Department has determined that the granting consent to form a Business
Improvement District is not considered a project under the California Environmental
~ualityAct SEA} per EC~A Guideline Bection 150~~b}~}.
PllBLID NoTIFIAT~oN AND DoI~II~IENT;
Notification of the project was published in the Tribune on January ~ ~ , boo. lllotices
were mailed to all hotels within the Gity. Btaff met with or attempted to meet with
management or owners of every hotel in the Gity on Vllednesday, January 9, 2008 in an
effort to receive comments about the proposed BID assessment and the impacts to their
business. Btaff left a copy of the proposed Grdinance and a memo reguestin input by
Friday January ~ 1:2008. Btaff telephoned all operators on Friday, January ~ ~ , OOH to
gain input. The chart below summaries the responses given to staff a of the printing of
this report.
Fir A a~n~t Neutral No des anse
Buine~ses 4* 2 3 ~
Roams 139 ~ ~ ~ ~ 4 ~ ~ 4
''`It should be noted, that input from the Hampton Inn and suites American property Management
Corporation} was utilized although they will not be allowed to participate in a protest vote, but would have
to contribute to the BID an opening day if the council agrees to the formation within the city limits and if
the ordinance is approved by the County Board of supervisors.
Attachments:
~ . Visitor and conference Bureau - BID overview
Visitor and Conference Bureau - Vllhite Paper
Draft County ordinance
4. Visitor and Conference Bureau - BID's in California
Agenda Item 9.b.
Page 7
RES~LUTI~N N~.
A RES~LUTIDN ~F THE CITY C~UNC~L ~F THE CITY ~F ARROYO
GRANDE RANTIN CONSENT TO THE COUNTY OF SAN LUIS
OBISP~ TO FORS THE SAN LUIS OBIS~~ COUNTY TOURISM
BUSINESS IMPR~VEI~ENT DITIRCT ~SL~CTBID}
~IVHEREAS, the County of Ban Luis Obispa is beginning the process to establish San
Luis Obispo Caunty Tourism Business Imprave~nent District ~SLOCTBID~ pursuant to the
Parking and Business lmpravement Area Law of X989, Streets and Hihv~ray Code
Section fi90 et seq., to promote taurisr?rr and lodging businesses in San Luis Obispo
County and participating cities; and
WHEREAS, the Board of Supervisors of the County of San Luis Obispo has requested
consent to farm the SL~CTIID in the cities of Arroyo Grande, Atascadero, drover Beach,
Morro Bay, Pasa Robles, Pismo Beach, and San Luis Obispo with adoption of Board of
Supervisors Resolution No. 299G-~50, dated July 18~ X99; end
V~HEREAS, the City Council of the City of Arroyo Grande wishes to support the general
promotion of tourism within the City and county: and
I~VHEREAS, the City of Arroyo Grande can withdraw consent to farm the SLOCTBID by
adopting a iesalution withdrawing its consent; and
IIVHEREAS~ the City Council of the City of Arroyo Grande has held a public hearing an
this matter in accordance with State law and City Cade and has provided required legal
notice to all hotel businesses within the City.
NOI~V~ THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande: 1~ consents to the County of San Luis Cbispa forming the San Luis ~bispv
County Tourism Business Irr~provernent District, which District shall include the City of
Arraya Grande; 2}reserves the right, at any time, to withdraw its consent to the existence
and operation of the SL~CTBID within the City limits by adoption of a resolution
withdrawing said consent; and ~}The City Clerk is hereby directed to transmit a certified
copy of this Resolution to the Clerk of the County of Ban Luis Obispo.
On motion by Council Member ,seconded by Council Member , and by
the following call call vote, to wit:
AYES:
NDES:
ABSENT:
the foregoing Resolution was adapted this day of January ~a08.
Agenda Item 9.b.
Page 8
RESOLUTION NO.
PAGE 2
TONY FERRARA, MAYOR
ATTEST:
KELLY VI~ETI~IORE, CITY CLERK
APPROVED A TO CONTENT:
STEVEN ADAMS, CITY 11~ANAGER
APPROVED AS TO FORIVI:
TIMOTHY J. AR~EL, CITY ATTORNEY
Agenda Item 9.b.
Page 9
Grow the Pte for fan Luis ~bis~o bounty
ATTA~I~ENT 1
ire! ` M
A Business Improvement District BID}is a type of special assessment district
Home where an industry chooses to assess itself to provide funds to address a
common need ~ in this case, the promotion of tourism in fan Luis Obispo
a County. The state of California passed lags in 1989 and in 1994 relating to
vVorks the formation of different kinds of BIDS. vVhile both laws are current the
1994 law does not address the marketing and econarnic development aspects
Vi~hat is a of a Tourisrr~-oriented BID. These are described in the 1959 law, hawever~
BIDS and this is the law under which the LO County BID will be created. l~iere is
~ the actual text of the California statute for Business Im rovernent Distric~~:
Draft BID
marketing -the state law does not specifically address the special Issues of establishing a
plan BID involving multiple jurisdictions. As a result, we have tailored the .
language in the local ordinance to reflect the needs and concerns of each
jurisdiction white keeping in rr~ind that the ordinance is a document created
BID ~hdule for the County Board of sups to approve and adhere to. Here is the draft
version of the proposed fan Luis Obis a Count BID Ordinance.
BID ~tering The 8ID that San Luis Obis a Count has devela
Co~m~~ p y ped could rase about ~4.s
million in the first year, depending on haw many jurisdictions parkicipate. It
will focus an enforcing fan Luis Obispo County as a viable destination option
white Papers to compete for tourist dollars with Monterey, Santa Barbara anoma and
Napa Counties, Because of its diversity of travel aptions~ the entire county
will be showcased with equal emphasis on our beaches, v~rine country, our
Lol BID small towns. Mere is an exam le of what the marketin Ian could be like.
Ordinar~oe
~ ~
Under terms of tl'~e ordinance, lodging operators will assess themselves ~ la of
vlilho has gross room or rental receipts, raisin an estimated 4.5 million to romvte
Tourism 9 p
BIDS now? tourism in the county. It is proposed that half of the BID funds collected will
be used to promote the county as whole through the County BID, and the
~ remaining funds will be retained by the jurisdictions for local tourism - .
CA BID Law promotions programs. It is estimated that the County BID could have a total
budget of about $3.3 million which includes current levels of government
funding for the county effort, plus BID funds.
B1D ~A~a g law an A ~ ~ .
y dvisory Board made up of ladgang businesses will be appointed
by the Board of Supervisors. The Advisory Board is proposed to be made up
N~wslettrs of 15 members, depending on hvw many jurisdictions participate, Four
lodging businesses would represent the unincorporated areas, 2 each in
Morro Bay, Paso Robles Pismo Beach and fan Luis Obispo, and one
representative each for all other cities.
Private industry through the San Luis Obispo County VCB marketing
committee will design and deliver the promotional and marketing program
vwrith final approval by the Advisory Board. The ordinance caps the County's
and Cities' administrative costs at two percent ~~°lo~.
Agenda Item 9.b.
http:llww,inoneadvert~sing,cOmis~oc~ow.htm Page 10
ra~v the Pie far San I~u~s ~bi~pa ount~
Key Tenets of the Proposed Lodging BAD
• Cadging Advisory Board will determine haw the BID funds are actually
spent.
. The initial contractor that gill implement the county BID marketing plan
is the fan Luis Obispo County Visitors ~ Conference Bureau.
. The fan Luis Obispo County Visitors & Conference Bureau Marketing
Committee made up of all categories of the tourism industry will
develop the marketing plan for the Advisory Board's final approval.
1Nith a total budget for the county BAD of appro~cimately 3.~ Gillian,
the marketing allocations ere proposed to be a foiloa:
7~1o Marketing advertising. PR, Internet, etch
8°lo ConferenceJgraup afe~
~°lo Film Commission
iG~lo Adrninitration
Wow the BID 1Nill fork
. The BID must be renewed annually by the Board of upervisor~, and it
can be dissolved by a majority vote din terms of dollars paid} of
assessed businesses Any City can also dissoive their consent to
participate in the county BID at the annual review date.
. By law, the County and participating cities cannot legally keep the
funds it is mandatary that the portion of BID funds for county
promotion be transferred to the LO County VCB, who ensures that the
funds are used far the direct benefit of the lodging industry that pays
the assessment.
~ Lodging businesses in the County and participating cities will b
required to collect the ~~1~ BID assessment along with the TOT. On a
monthly basis, the County and participating cities will transfer the half
of the funds to the DLO County VCB,
. when forming the district, all businesses that are subject to the
assessment have an opportunity to protest the formation of the BYD. A
50°lo negative vote din terms of actual dollars paid} prevents the Board
of supervisors from farming the district for one year.
• Because the BID funds must be used to benefit only those businesses
within the district boundaries, if a city decides not to approve the
resolution of consent to allow the County to farm the BID in their
jurisdiction, that city will not be promoted by the LO County VCB. In
addition, Wane of the businesses within that city will be able to be
~nernbers of the LO County VCB.
p zoos-~oo~ s n L i i i i of r n Bar au
811 EI Ca~itan 1N~y, Suite 2D0 * fan Luis D~ispo, CA 9341 * 805-541-8000
Agenda Item 9.b.
http:ll~uw~.inonedvertising,comisloclhow,htm Page 11
1 1 4
I~hite P~p~r
Pub~i~ ln~r~r~t T~ur~
P~~~~i~n
Prepared by.
fan Luis Obispo County Vis~tars ~ Conference Bureau
The purpose of this 1fl~hite Paper is to recognise that the par~ership
between the public sector and the private sector is necessary to ensure the
health and vitaiity of our tourism-based economy Tradi~onaily, the public
sector has invested in tourism with general fund monies and ~e private
sector has invested ~raugh membership dues and cooperative programs.
The need to increase this investment has never been greater. This county
faces unprecedented growth in room supply and declining occupancy rates,
The Board of Directors of the Ban l~uis Obispo County Visitors &
Conference Bureau recognise that it is appropriate far its public sector
representa~ves to abstain from taking a position an the forma~on of the
taunsrn Business lmpravement District. The rest of the Board unanimously
supports this concept. The decision to form a tourism Business
improvement District is strictly a private sector initiative, The role of the
public nectar is to acknawkedge and to allow the process to go forward
where a majority in support exists.
Agenda Item 9.b.
Page 12
fn~rodu~#ior~
San Luis Obispo County's economic future is dependant vn tou~sm.
Without it, 0°l0 of the county's labor force would be unemployed and
millions of dollars in tax revenues would disappear, For the tourism
industry to do mote than dust survive, a partnership between the
public sector and the private sector must continue together to
provide stable and sustainable funding for tourism promotion. This
Cities ~er~~f
i~ b~ essen~al rela~onship will ensure that the public nectar will continue
abbe keep ~ ~f the to benefit 100°lo from taxes generated by tourism, a phenomenon
tax generated by to~r~~~ that is exclusive to the tourism industry, In turn, business in general
a ~henor~e~on that is will remain healthy.
exc~~csive to the tourism
~VBrV1BW , ,
' Tounsm has became a fkercely competitive business For toursm
destinations the wadd over, as well as fir fan Luis Obispo County,
competitive advantage is no longer natural, but increasingly mara-
rnade - driven by technology, information and innovation. As such, it
is not simply our natural resources scenic beauty, rural attdbutes~
that will determine our competitiveness in tourism, but rather, haw
these resources are managed and to what extent they are
complemented with man-made innovations
In communities throughout California the issue of public investment
in tourism has been one of discussion and debate, Far many years
tourism promotion dollars for destination Nlarkefng Organizations
{DMOs~ have been funded primarily through the collect~an of
Transient Occupancy Tax {Foam Taxi levied on visitors when they
stay at a local lodging facility. The tax i then collected by the
appropriate jurisdiction, either County or C'rty, and the collected tax
funds are became general fund monies.
Local jurisdictions have funded tourism by reinvesfng those
collected funds towards programs implemented by tourism promotion
organisations. In some cases, the amount funded i decided by
formula, but in many cases it is allocated based on competing
budget priorities, af~en fines against popular programs like police
and fre protecfan, recreafan, etc. To date, many tourism promotion
organizations have been able to maintain funding and, in some
cases, increase funding levels through this model. But times are
changing
Over the past foe years, the state of Califomia has faced significant
budget challenges, State politicians have increasingly tamed to
appropriating local funds as one method of balancing the State
budget. This action has put increased pressure on local cities and
counties and, as a result, many regions have seen tourism funding
reduced or cut entirely.
To combat this trend and restore a source of funding that canr~at be
allocated for other purposes! many tourism communities are
Agenda Item 9.b.
Page 13
implemen~ng f~otellTourtsm business improvement Districts ~1311]s}.
These improvement district have been fom~ed in a number of
situa~`ons by local lodging operators to specifically fund tourism
promotion effort,
With to~risr~ B~D~ in In the I~ID process, local lodging operators agree to self assess
f~~~i~, themselves, collect the money and pass the funds onto a designated
~onzpe~i~ive paying, f
ie~~ tourism promotion ~rgani~atian, mist often the convention and
v~s~ors bureau. This process has been well received and ,
~m lamented in over 2fi cammun~t~es in the state of ~alifam~a with
have finds been p
secured but also more on the way.
~bs~antia~~y increased This has than ed the cam titive la in field in several wa s•
• . . , g I~ I~Yg y~
those that have already been in the tourism promotion business are
do~~ar ~'a~"-~~~~~~. implementing Bll)s to not only have a secure funding source but to
also increase their marketing budgets. This is the case with South
Lake Tahoe who will see its tourism budget increase by an additional
million in ~04~, and l~lonterey, who will also see its budge#
increase to 4. million. In the second case, BIB funding is allowing
a number of destinations who previously were not in the promotion
game to enter and begin participating. Examples of this can he seen
in Temecula and placer Malley, Neither entity was active in ~e
tourism game before establishing a BIDr but now both are. Funding,
put simply, is the essential fuel of tourism marketing,
vl~hat does this new source of tourism funding mean?
Fundamentally, it will most likely result in increased competition for
everyone, lust as in professional sports, many teams have, over the
past ten years, boiEt neuu stadiums that are fan-friendly but also
produce a significant amount of revenue that has enabled these
teams to be more competitive. similarly this will be true with BID-
funded organizations. Those destinations that create this new
sustainable revenue stream and increase overall tourism funding will
have a distinct long-term competitive advantage over those funded
by just Transient Occupancy Tax~T.O,T}. Remember that l~l~
formulas are often tied to growkh, and as more room night are sold
more tourism promotion revenue is generated, creating what is
called a virtuous cycle. This is often not the case with those
destinations that are funded by just traditional T.O.T. In many cases
T,O,T can increase and very little if any of those funds will ga back to
the Destination Marketing Organization ~DMO},far municipalities
prefer to use those funds for other pressing budgetary priorities.
Over the long term those organizations fonder! by BIDS will no doubt
ou#pace those funded solely by T~O.T,
To confront this challenge the San Luis Obispo County Visitors &
conference bureau has over the past ~4 months been working with
the lodging industry to develop county wide tourism E~uiness
Improvement District {BIDS. The new district is proposed to include
participation from San Luis Obispo bounty and the pity of San Luis
Obispo, Arroyo Grande, Pismo Beach, Morro Bay, Pala Fables,
Agenda Item 9.b.
Page 14
Atascadero and drover Beach, It is proposed that funding would
carne from the lodging industry which would implement a voluntary
self assessment. It also proposes that the public sector government
also suppark these tourism effarks and farm a tight, united public
parknership, aria that mutually benefit bath envies.
~OUr~Sm, per~apS rnOre
than any other sector, INhy is this %portant to the San Buis Cbis~o County and the
~t~s tie ~o~e~tia~ to focal ~overnment~?
achieve the f~r~a~c~a~,
social, arzd Tourism, perhaps mare than any other sector, has the potential to
enviro~mentai achieve the financial, sacral, and environmental ab~ectives of our
ob .actives o oar ~oca~ local jurisdictions. Tourism creates opportunities far the small
~ ~ antra reneur~ romates awareness and understandin anion
'urisdic~io~zs. p ~ p g 9
~ dif#erent cultures, helps to save the env~ronmentr creates ecanarn~c
linkages with agriculture, light manufacturing and curial dart, craft,
souvenirs};creates linkages with the services sector {health and
beauty, enterkainment, banking and insurance; and provides
dignified employment opportunities, Tourism can also play a
strategic role in stimulating other sectors of the economy -the
agriculture sectorthat benef~ #rom the tourism Indus#ry increased
demand far new agricultural products and services such as organic
agriculture, farm tourism; the manufacturing nectar {the supply of
furniture and fittings, construction, linens, pad, pans, etc.} as wail as
crafts ~waad-working, curial, fine ark},
Put simply -it's jobs and taxes. According to the economic vitality
corporation of San Buis ~bispa there are approximately ~ 0~, 8~8
people employed within the county, as illustrated below.
Excluding government there are approximately 8~,a34 remaining
jobs. According to the Califamia Travel and Taurlsm Commission it
is estimated that ~0°I~ of those jabs are within the tourism industry
~i,e, jabs generated by travel spending of visitors to the area, This
can be seen in the following chart.
Em io merit Number
Accommodations andr=oad Service B,BfiD
Arts, Entertainment & Recreation S,SOD
Retail 1,80
Auto Rental ~ ~raund Trans rtatian ~0
~~er ~ 2D
Total 18,180
Source: Dian R~ny~ ~ ?4ssociates
As can be seen above, the tourism industry in Ban Luis Obispo
County is vital in terms of employment, vVhile a number a# jabs are
senior level, the tour~s~ industry provides an excellent source of
entry level ernplayrnent where people can gain experience. These
types of jobs also provide an important and often necessary source
Agenda Item 9.b.
Page 15
of income far dal Paly and uesta college student, allowing them to
study and live here
The second area in which the tourism industry is of vital importance
sinzp~y i~'~~o~s to local governments is in the taxes it generates. The p~mary source
ar~d ~~xes. ~D~ o a~I of tax revenues generated includes bath sales tax which a portion of
, ,
'obs are ire the ~ourisr~ local comrnun~t~es benefits and mast importantly Transient
~ Occu anc Tax T.~,T.. The T,O,T is one of i nif~cant im rkance
i~dust ar~d each ~ y ~ ~ g po
' because it is one of the very few taxes in which local governr~ent
jurisdic~i~n keeps ~~0% has exclusive control. As such its continued rawth i critical in
9
°f the T'~~'enera~~d. fundin future cammuni services. It is estimated that T,O,T
9 tY
generated to local governments is over 9 rnillian annually,
~~5-206 ~gis Obispo Cognfy ~odgrng arrd T, Revenge
. ~ ~
Y R 9d~ ~ L ° o-°~° ~g
. ; ° eR ~:"~xo °#2# ..°a°x RaLR#°" ~`L3s$Lx°x°xoa «°L<s°~ # 3£'?e°~aR.'
.~~:~f, xo- x .W~ 4
SLO County 9°l0 $60,1 ~ 8,333 $5,410,650
SLO City 10°la X45,391,580 $4,539,158
~ismv Beach 10°l0 X52,943,530 $5,29x,353
Morro Bay 1 a°~~ ~ 8,0o3,2~x ~~,~ao,~~3
Paso Robles 1x°lo 16,1~7,~8Q $1,612,728
Arroyo Grande 1 a°lo $4,349,870 $434,987
Atascadero 1 x°lo $4,795,40 $479,547
Grover Beach 1x°la $2,199,810 X219,961
°
x
x x °Kxo- ~ 4 4 4 R4 nv +L+ob
R q4 a 9
x«°o-x ° °»~x ,..!YfffR .,8.,,.x, .,5,, a~R x ° a x$ ...,,...45#~ x ° °
~ ~zx« ..ire . >x>~ ~ >#s#~# x a~> ia~ ~ ~ ~
Source: San Lur's Obispo Coun[y VCB
These funds flow directly into focal government general funds and
are used to provide services for the local community. The more
rapidly a community can grow these funds the more dollars will be
available to local governments.
In addition to the local taxes generated by the tourism industry,
tourism is also a significant economic engine that generates
approximately $332 million in direct economic earnings, thus making
it a significant economic driver within the coun#y and local
communities,
Indust Ea~tin s ~ Amount
Accommodations and Food Service ~?205,00~,00~
Ark, Entertainment & Recrea~on $84,700,000
Retail ~ 40,000,000
Auto Rental & Ground Trans ortation $ X00,000
Other ~ x,400,000
Total ~33~,900,000
Source; dean J~unyar~ ~ Asso~ra#~s
Agenda Item 9.b.
Page 16
~~~'11~f~1~ N1~~~S ~@~S@
Apublic-private par~ership that includes tourism funding from the
lodging industry and local govemment makes sense for a variety of
reasons;
Fir every ~ i~zves~ed ~y
the ~u~dic sector 4, ~ 0 1, Mutual Objectives -Bath entities have a vested interest in
wi~~ invested ~y tie growing these revenues, The private sector wants to in
riva~e sector with tie order to satisfy ongoing and future capital needs, and ~e
~ ubliC sector wants to in order to have new revenues to
~o~rxs~n 8~~, p ,
meet 1tS financial requirements ~ It Can provide angaing
community services,
Leverage ~ The public sector has an e~Cellent appo~unity to
leverage i~ investment in tourism funding with significant
dollar contributions from the private sector. This will, in
tum, significancy enhance the potential to grow the market
for increased travel spending and loco! tax receipts.
3. A Voice -There can be na question that tourism is one of
the more significant economic drivers and as such, it is
critical far local government to have a voice ire tourism
promotion efforts.
~lu#ua~ Ob}ec~ives
The explosive local population grovuth that will occur within San Luis
Obispo bounty in the coming years. The State of Oalifornia projects
County-wide popula~on to grow by 23°lo by 2020 and with that
increase will also come an increased need for services, and hence
funding, increasing tourism revenues will be an imporkant park of
generating new tax dollars to help provide these new services,
beverage
One of the most attractive elements of the country-wide Tourism BlD
that is now currently being formed is the leverage it affords all
partiCipan~, Cur~ntly local govemments are projected to provide
49,000 in funding support, and those funds will then be matched
by approximately $~,1 million from the private nectar, providing a
leverage of $4,10. That means that far every dollar invested by the
public sector 4,1 ~ is invested by the private nectar,
Voice
The local govemments will all have an opporkuni#y to participate by
1~illing a position an the SLOOVCB Board of Directors, This ensures
input on the policies and direction on how the tourism industry should
grain, maximising the promotion dollars spent as well as ensuring
accountability.
Agenda Item 9.b.
Page 17
~onclus~on
There can be no doubt that the success of taurisrr~ i vitally important
to local govemmen~ within Ban Luis Obispo Jaunty, As such, it is
vital that governmental agencies continue to support these efforts
It is critical that which wilt provide the enabling framework tsar the industry to flourish
overne~ta~ agencies and protect the mvenue streams that exist, 1Nithaut this funding and
co~~i~ue to sport given the competitive nature of the tourism industry, other areas with
these efforts which wild increasing budged may talcs away marke# share from fan Luis
rovidc the c~aa~lin Obispo bounty,
framework for the It can't be overstated, The arlnershi in tourism romotian between
irzus~~ to ourssh ar~d P I~ f~
~ the ublic sector and the rivate sector will deliver a source of
f~ p
~~°~ect revenue sustained funding to continue to provide the backbone of the tourism
streams that exist, promotion engine, The increased funds from the private sector's BID
will provide the substantial marketing fuel required to improve the
campetitlve position of the county and protect market share. By
creating a unified public-private partnership, local governments and
the private sectvrcan work bend-in-bend to each others mutual
beneft, both enjoying the return on investment fey make in taurisrn.
In order to have the most impact, the Ban Luis Obispo Oounty
tourism BID needs to be adopted as soon as possible, At the current
pace of approval, tourism promotion efforts as a result of the new
BfD funding will not be realised until early ~gg8, allowing more roam
supply to come online, giving other destinations the ability to
capitalise on ourslowerdevefopment, f~l~re room supply w~hout
increased demand wil! lead to decreased lodging occupancy rates
and the propensity to use "rate-wars" to drive demand, a position that
no lodging business wants to find themselves taking,
Agenda Item 9.b.
Page 18
1 ~~~~11 1
r
oRDINAI~CE hlo.
AN oRDI~lA~1CE of THE ~~AI~D of UPERVIoR of THE oUNTY
of SAN Ll11 oBIPO ETA~LIH11~~ THE SAN LUIS oBIPo
oUNTY Toll~lM BUINE IMPROVEIVIENT D1TRICT ~LOCTBID~,
FIX1H THE ~oUNDAR~E THEREoF, PRoVIDIN Fob TAE LEVY of
A BUINE AEI~EHT To BE PAID BY HOTEL ~UiNEE IN
UH D~T~IT
The Board of upervisors'af tl~, .County, o~ fan Luis
Obispo does ordain a follo~s: .
ectior~ ~ . ~n ~ ~ , ~408~, the ~~~rd of uperv~or ~f the
bounty of fan Luis Obispo adopted Resolution No ~ - ~ ~ entitled, "A Resolution of the
~~a ,
Board of Bu ervisor}~~v~~th~,Coun of Ba~~~Lui ibis o Declarin Its Intention to
~ , tY P ~
Establish the ~r~~Cis Obis o Coun Taursrn Business lr~ rovement District
tY . ~
o-;6
{LOCTBI,D~,,;;.,.-0,, Declari=ng It intention to.Levy an Assessment on k-lotel Businesses
,:a:,
ov6,,,6,. a.i.~.~<6.6.in.~,
<.yvo aiYiv
..~a~~~o~rd~r9s, i, ~8y nxj< '
vuithir~uch D~~~~.~r Fisc~~l:Year ~40~-08, and Fixing the Time and Piece of a Public
a~, ..,,,~,.x,
„
a•bxa, S a
Il~o~ng and a Publ~c~~~lear~ng Tron and Oivfng Notice Thereof',
-
;~;a;
Y=~
;:a.
b ~iid Resolution No. eras ubiished and co ie
thereof v~e~~~d~j~ mailed and posted, all as provided by said law and said
Resolution ~Vo.
~c~ Pursuant to said Resolution Igo. , a public meeting
concerning the forr~ation of said district vua held before the Board of Supervisors
of the County o~ fan Luis Obispo on , X008 at :og a.m. in the Board
Chambers of the County of Ban Luis Obispo.
Draft Ordinance Revised Dcem~er 2~, 207 1 Agenda Item 9.b.
Page 19
~d} Pursuant to said Resolution No. , a public hearing
concerning the formation of said district was held before the Board of Supervisors
of the bounty of San Luis Obispo on , 208 at g:40 a.rn. in the Board
Ohamber of the bounty of San Luis Obispo.
~e~ All written and oral protests made ar fled were duly heard,
evidence for and against the proposed action was received, end a full, fair and
complete hearing was granted and held. .
~f}The Board of supervisors determined that t~~re v~ra no majority
protest uvithin the meaning of Section fi5~5 of the law. A maja~ity protest is
defined as written protests received from ewners of businesses in the proposed
area which would pay fifty percent ~~D°lv~ ar more of the assessments proposed
to be levied. Protests are weighted based on the assessment proposed to be
levied on each hotel business. For parposes of the initial formation of the district,
the proposed assessment to be levied gas clculatd based on the assessment
rate multiplie~~~~ the vast recent available data far the lodging businesses' rental
revenue. .
fig} ~~Ilovuirrg such hearing, the Board of Superv~svrs hereby finds
that the h~oti:~~usinesse lying within the district herein created, in the opinion of
. the Board, will~~e~~enefited~~ the ex enditures of funds raised b the
.Y p Y
asement ar ch~~es proposed to be levied hereunder.
~h} The cities of San Luis Obispo Dountyt Atascadera, and Marro
Bay, have granted consent to form the San Luis Obispo Oounty Tourlsm
Business Impraver~ent District ~SLO~TBID~ in their respective cities.
~i} Pursuant to said law, the San Luis Obispa bounty Tourism
Business Improvement District ~SLOTBID} i hereby established in the bounty
of San Luis Obispo and the cities of Atacadero, and hllOrrO Bay a herein set
D~ ordinance Revised December ~G, 2~~7 2 Agenda Item 9.b.
Page 20
~ .
forth and that all hotel businesses in the district established by this ordinance
shall be subject to any amendments made hereafter to said lava or to other
applicable laves.
Section 2. The County Code is hereby ar~ended by enacting,
adopting and adding thereto Chapter .~9 in Title 3, Cl'~apter ,Og is hereby
added to the County Code to read as follov~r:
Title I~apter 3~~~ ~ ~ ~
SAN LUIS .oEISPo COUNTY To~lRI~ Bl~INE I~IPRO1f EI~IENT DIST~IT
3.D9.~~~. TITLE. This ordinance shall be~ knovun as the "San Luis
Obispo County Tourism Business Improvement district Ordinance of the County
of fan Luis Obispo," .
. ~ .D~,O~~. DEFINITION. ~1 } "o~nty Advisory Board shall mean
tl~e County Advo~~:.Board appointed by the en Luis Obispo County Board of
Superviorx pursuant to this chapter.
"District" s~a~l mean the San Luis .l~ipo bounty Tourism Business
Irove`nt Distri.or SLOCTBI~ created by this chapter and as delineated in
Sectlon..gg.o~Br
~3~ `°Hotel" shall pan any structure, or any portion of any structure, vuhich is
occupied or intended or designed for occupancy by transients for dvuelling,
lodging ~~.lee~p~ng purposes, and includes any hotel, motel, bed and breakfast,
or vacation~hor~e and pays Transient Occupancy Tax. For purposes of this
ordinance the definition of "hotel" shall not include R11 Parks.
~4~ "Law" sha11 mean the Parking and Business ln~provement Area Lair of ~ *5,
California Streets and High rays Code Sections ~85~~ to fi5b~ , a amended
"San Luis Obispo County Tourism Business Improvement District" or
"LOCTBID" means the district created by this chapter as a business
Drab ~~dinance~ Revised De~e~r 2~, ~q~7 3 Agenda Item 9.b.
Page 21
improvement district pursuant to tl~e Parking and Business Improvement Area
Laver of ~ ~ 9 .
"San Luis Obispo bounty Visitors conference Bureau" yr "L~V~B"
means the San Luis Obispo our~ty Visitors & conference Bureau, Inc., a
California nonprofit mutual benefit corporation, -
{l~ "contractor" means a California non-profit corporation or other organisation.
The contractor's primary program of ~rork is county.tourim promotion.
"operator" means the person v~ho is the, proprietor of the hotel, vwhether in the
capacity of o~vner, lessee, sublessee, mortgagee in possession; .lioenee or any
other capacity. Ul~here the operator performs his functions through a rr~anagin
9
agent of any type or character other than an employee, the managing agent shall
also be deemed an operator for. the purposes of this chapter and shall have the
same duties and liabilities as his prir~cipaE. ~omplian~e v~ith the provisions of this
chapter by either the principal of the managin~~gent shall, however, be
considered to b~complance by both; .
"Transier~t~:r~eans an~r person vuho ~cercises occupancy or uvho i entitled to
occupancy, by reason of ~conq~ssion, permit, right of access, license, or other
greemenf for; periv~ ~f. thirky {~o~ consecutive calendar days or less, counting
. ~~ortions of calends days as~~full da s.
y
.09.~~D. AUTH~REZED USES. This ordinance is made and
enacted pursuan~.~to the provisions ofthe Parking and Business 1m rovement
p
o-;E'
Area Lava v~~ ~ g~9 {Sections G50g, et. seq., of the Streets and Hi hvua s bode
9 Y ~
{the "la~u"}:~ The purpose of forming the district as a business improvement area
under the Parking and Business Improvement Area Lary of ~ X89 is to provide
revenue to defray the costs of services, activities and programs promoting
tourism which gill benefit the operators of hotels in the district through the
promotion of scenic, recreational, cultural and other attractions in the district as a
~ra~ ~rdinar~ce Revised Decembex 2~~7 4 Agenda Item 9.b.
Page 22
tourist destination. It is the intent of this chapter to provide a supplements!
source of funding for the promotion of tourism in the district and it is not intended
to supplant any other existing sources of revenues which be used by any
pity or the County of Ban Luis Obispo for the promotion of tourism. The specific
services, activities and programs to be provided by the district are as follows:
A. The general promotion of tourism within the district is to include
costs as specified in the business plan to be adopted~annually;
B. The marketing of conference, group, and fim business that
benefits Iocal tourism and the local hotel industry ire the district;~:~ .
. The marketing of the district to the travel industry in order to
benefit local tourism and the local hotel industry ~i~n the district.
D. Administrative costs associated with implementing the above
tasks related to the contracting enrice.
3.D9.44~. BaUNDARIE. The boundaries of the LCTBID shall
be the baunda~rie of the County of fan Luis Obispo including the
unincorpvrtetl area of the bounty and the incorporated cities of Atascadero
and Marra Bay a shown oh the attached map Exhibit A}.
3.0~.~5~. LEVY aF AEIVIENT ANA E~EIVIPTION. The
. ~ ~ LTBID sflal~:~~nc~ude all hotel businesses located within the L~TB1D
boundaries. The~~ssessment shall be levied on all hotel businesses, existing
and fu~u~e, within.the Jaunty of fan Luis Obispo based upon one percent ~1 °l~~
of the paid rnt~~harged by the operator per occupied room per night far all
transient acupancies. The assessment shall be collected monthly, based one
percent ~IQ} of the rent charged by the operator per occupied room per night in
revenues for the previous month. New hotel businesses within the boundaries
shall not be exempt from the levy of assessment authorized by section ~~1 of
the law. Assessments pursuant to the L~TBID shall not be included in grass
Drat ~rdinaxice ~e~i~ed December 2G, ~0~7 ~ Agenda Item 9.b.
Page 23
r
roor~ rental revenue far purpose of determining the amount afthe transient
occupancy tax. The value of cornplin~entary roorrti and extended stays of more
than thirty {~0} consecutive calendar days shell be exempt from the levy of
assessment. Any other exclusion shall be based on benefit and the policies and
ordinances of the collecting agency,
.D~.~fiD. ANNUAL REVtE1 ~F AE~IENT. All of the
assessments imposed pursuant tv this chapter shall be ~viev~red by the Board of
supervisors annually, based upon the annual report prepared by the eunty
Advisory Board appointed pursuant to this chapter and sections ~~g and
36533 of the I'aw. After approval of the annual report the Board of dpenrisors
shall follow the hearing process as outfined in section 3G~34 of the law, At the
public hearing the Board of u~ervisors shall heap and consider all protests. If
written pretests are received from hvte~ businesses in the district paying fifty
percent X50°l0~ percent or more of the an~~ual assessment, ne further proceedings
to continue the l~ev of ;assessments shall take place. The protests shall be
weighted lased upan the annual assessment far the prior year by each hotel
business. ~ ~
.~~.0~~.1~IIIPC~ITi~N ~F AE~IENT, The Board of
- supervisors hereby levies end imposes and orders the collection of an additional
assessment to be impaled upon hotel businesses in the district described above,
which shil be ca~bulated pursuant to section ~.09.65o above. such levy shall
begin on I~ay.~,~ 208.
3,49.D0. USE OF REVENUE. The activities to be provided by the L~TBID
will be funded by the levy of the assessments. The revenue from the levy of
assessr~ents wit#~in the L~TBID shall not be used to provide improvements or
activities outside the LCTBID or for any purpose other than the purposes
specified in the resolution of intention. The proceeds of the additional hotel
draft ~rdinan~e Revised D~ce~nber 2~, ~ Agenda Item 9.b.
Page 24
i
i
business assessment shall be spent to adrrxinister marketing ar~d visitor programs
to promote the County of San Luis obispo as a tourism visitor destiny#ion. The
County Advisory Board shall make recommendations tothe County Board of
Supervisors a to the boundaries of the iocyl areas ~vithin the unincorporated
area of the County, Ali funds shall be expended consisten# v~rith the purposes of
this yct. Funds remaining atthe end of any SL~CTBID term may be used in
subsequent years in ~nrhich SL~CTBID assessments are levied as long as they
. are used consistent v~rith the requirements of this Section. The Board of
Supervisors of the County of San Luis obipo shall consider recommendations
made by the County Advisory Board r*eated by Section x,49. ~ 00 of this
ordinance y to the use of assessment revenue.
x.49.994, DELINC~UENDY PENALTY AND INTEREST. Any hotel
business that fails to remit any asesr~ent imposed by~~this ordinance r~vithin the
time required shall pay a penalty in acca~dance with the policies and ordinances
of the oolleotin~~ a~cj~;. Collecting agencies shall be responsible for collecting
delinquer~cie to the extent that the agencies' TAT collections are delinquent.
i~#ovwrev~r,, if only #h anent remains delinquent, the County shall be
..~eponsib~e,:~ collecting the delinquent assessment. Any penalty and interest
fees collected ~rr~ a hotel business due to delinquent shall o to the a enc
y g 9 Y
thatcollected the delinquent assessments,
x,49::194 COUNTY ADVISORY BOARD. A County Advisory
Board comp~~ed of a minimum of five ~5} members three lodging
representatives from the unincorporated areas and one ~1 ~ from each city} is
hereby crested to carry out the functions of yn advisory board under Section
~~0 of the iy. Members gill be appointed by the Board of Supervisors. The
Board of Supervisors shall consider recommendations from the existing BID
Steering Committee for initial appointments. The Board of Supervisors shall
D~' ~~dlnan~e ~evled ~cember 2~~7 7 Agenda Item 9.b.
Page 25
cansider recomrnendatians from the bounty Advisory Board for subsequent
appointments to the Jaunty Advisory Board. All persons appointed to the bounty
Advisory Beard must be nominated by a process established by the Board of
Supervisors, All nominees and members must be operators of hotels within the
district, or employed by the operator of such a hotel. The.initial members of the
bounty Advisory Board shall serve staggered terrr~s, with half ~of the rnerr~bers
serving none-year term, and the remaining rr~ernb~s raring a two-year term.
The length of the term far each individual member of the initial bounty Advisory
Board shall be chosen by lot at the first meeting of the Jaunty Advisory Board.
Thereafter, all members subsequently appointed to the bounty Advisory Board
shall serve fortwo-year terms. Members of the bounty Advisory Board sha11
serve at the pleasure of the Beard of Supervisors and may be removed by the
Board of Supervisors at any time. If the members no longer represent the lodging
establishment far which they were selected to the County Advisory Board, their
seat will be va~~ed :arid a new member gill be appointed representing the same
jurisdictio~~in~~~the BlD district. The County. Advisory Board sha11 review the
implementation of~ this ordinance .the implementation of programs and activities
funded thrauh~this ordnance, and advise the Board of Supervisors on the
amount of the Ana's Asserr~ent and on the services, programs, and activities
to be .funded by the~~i~ssessments, and shall perform such other duties a
required~~b the lay including preparing the Annual Report required by Section
35 of th:~a~u. The Annual Report shall be submitted to the County by the
County Advisory Board no later than o days before the new budget year. funds
collected from the BID assessment maybe used to provide the contractor staff
and other support to the County Advisory Board in execution of its duties. The
Board of Supervisors shall ensure that the bounty Advisory Board has timely
access to all public information regarding collection, disbursernentt and uses of
Draft ordinance Revised l~ecer~ber ~~~7 8 Agenda Item 9.b.
Page 26
the funds collected under the terns of this ordinance, furthermore the Board of
supervisors shall require that the contract Frith the designated contractor require
that the contractor assist the bounty Advisory Board vuith the preparation of the
annual report that details the program's activities for the current contract year and
recornrrxendatiar~s for the upconing contract year. This report shall include such
effectiveness measures a recommended by the bounty Advisory Board and
incorporated bar the bounty in its contract. This Annual ~~re ort v`ri11 be rovided b
..p p Y
the bounty Advisory Board no less than 150 days prior to tf~e annual anniversary
date of reneal of the BID assessment, In the initial year, the annual report v~?ill
be provided by the bounty Advisory Board no less than 5a days priorto the
annual anniversary date of renev~al of the BAD assessment,
~.~9.~~0 ~~LLET~oN, EN~~I~~I~IEN~ ANA
ADIVI~NI~`RATIVE FEES. Each ~i~y and .bounty may retain actual collection
costs not to exceed two percent {~~1~~ of tha~asesr~ent collected from
operators of h~te~ businesses ~rithin~their jurisdidtion a an administrative fee to
defer the administrative costs incurred for the operation of the district. Each pity,
and the ouri~y for the unincorporated Brea, shall be responsible far the
collection and en~~rcernent of assessments fron hotel businesses uvithin their
jurisdictional b~und~i~ies: Each pity and the bounty shall keep any additional
collection fees, penalty fees, and interest collected associated vuith collections or
actions due to nonpayment of assessments. Assessments gill b collected in
monthly installments or such other installments as determined by the Board of
upervisr. The Ban Luis Obispo bounty Tax collector shall transfer ail
assessment, less the aforementioned initial administrative fee, to the selected
contractor v~rithin thirty days follovuing collection of the assessment by the
applicable city and the county. The initial contractor gill be the Ban Luis ~bispv
bounty Visitors conference Bureau, providing that the LVB prepares a
proposed contract, v~rith input from the Advisory Board. Tl~e LVB gill
remain the designated county tourism contractor through April ~01a or until
the initiation of the second rene~va! year of the BID, v~rhichever comes later,
draft Ordinance Ie~rised Ie~ember ~~47 Agenda Item 9.b.
Page 27
r
unless its contract is terminated for nanperformance designated belo~r. After
the initial two years, the BL~CVCB shall remain the designated aunty tourism
promotion organisation unless an alternate county tourism pror~otion
organisation is chosen by the Board of supervisors, v+fith input from the Advisory
Board. The County and designated county tourism promotion organi~a#ion shell
enter into contract for the expenditure of such funds by the designated county
tourism promotion organization for the services, activities end programs
authorized far the district. Beginning pith the second renevual year of the BID this
contract shell not extend beyond one year unless provision is made in the
contract for termination at each annual BID rene~ral. A draft of this contract ~riil
be submitted to the County Advisory Beard far reviev~ and camrnent t least ~g
days prior to its approval by the Board of Buperviors. The contract bet~reen the
County and the designated county contractor shall provide for early termination if
the contractor fails to perform its obligations under the oontract. The County
Advisory Baard may recarnrr~end to~ the County termination of the contract far
non performance at any time during the:contract. If such a recommendation is
made the Caun#y,:ill either terminate the contract ~or inform the County Advisory
Board of the:~eason for its decision to not follavu the County Advisory Board's
recommendation. Beginning the third year after the establishment of the county
district, funds collected for aunty tourism promotion nay be allocated to
alternatfv:~n~ities other. than the county tourism promotion organization v+rith
input from the'Advisory Board.
3.0.1 E1IERABILf TY. If any section, subsection, sentence,
clause ~o~ phrase p# this ordinance is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining pardons of the ordinance.
The Board of Supervisors hereby declares that it ~rauld have passed this
ordinance and each section, subsection, sentence, clause and phrase hereof,
irrespective of the fact that any one or more of the sections, subsections,
sentences, clauses or phrases hereof be declared invalid or unconstitutional.
Dr~.ft ordinance Revised December ~~~7 10 Agenda Item 9.b.
Page 28
R
3,09.~D M~~IF~AT~oN ~ DIETABLIHMENT. The ounty,
by ordinance, may rnadify the provisions of this chapter and may disestablish the
district or parts of the district, after adapting a resolution of intention to such
effect. Such resolution shall describe the proposed change or changes, or
indicate that it is prapased to disestablish the Brea, and shall state the time and
place of a hearing to be held by the Board of Supervisors to consider the
prapased action. If the operators of hotels which pay fifty percent ~~g°lo} or more
of the assessments in the district file a petition with the ler o~ the Board
requesting the Board of Supervisors to adopt a resolution of in~ntion to modify or
disestablish the districts the Board of Supervisors shill adopt such resolution and
act upon it as .required bylaw. Signatures on such petition shad be those of duly
authorized representative of the operators of hotels irk the district.
In the event
the resolution proposes to modify any of the proviions~of this chapter, including
changes in the existing assessments or in the existing boundaries of the district,
such proceedings shall terminate if protest is made by the operators of hotels
which pay~ffit:~rcent ~0°l0~ or more of the assessments in the district, or in the
district as it is pr~o~d to be enlarged.
~~n the event the ~~~solutior~ proposes disestablihment of the district, the Board of
. .
Supervisors shall disestablish the district; unless at such hearing, protest against
diestablishment is made by the operators of hotels paying fifty percent ~0°l~} or
mare of ~t~e assessments in the district.
If at anytime~.~~ pity that has given consent to the formation of the district decides
to withdraw said cons n era erase the district within
that i .Said withdrawal shall be in the form of a resolution of the pity council
of the withdrawing pity, the levy shall terminate within the pity's boundaries at
the time of the next annual renewal. The district would be renewed as modified
without the pity that has withdrawn its consent.
Draft ordinance Revised December 2~, ~~7 1 l Agenda Item 9.b.
Page 29
i
3.09.~4~ EFFE~~IIIE SATE. The clerk of the Board shall certify
to the passage of this ordinance by the Board of Supervisors and cause it to be
pasted in three conspicuous places in the bounty of San Luis ~bispa, and it shall
take effect on the thirty-first day after it is approved by the Board.
Introduced and first read at a public hearing ~f the Board of
Supervisors on the th day of ~aa8, and thereafter
PASSED AND ADAPTED at a public meeting before the Board of
Supervisors on the da of , ~DgB, . ~ ~ .
Y
By the follov~?ing vote, to vuit:
Ayes: Supervisors:
Noes: Supervisors:
Absent: Supervisors: ~ ~ .
. .
~I k t d
. ~ er o he Boar
Draft ~rdir~ance Revised December 2~~7 1~ Agenda Item 9.b.
Page 30
A'~TA'HENT 4
a ~ ~ ~
v o ~ o ~
a a a. a ~
`o o v `o ~
C C C C C
~ ~ ~ ~ ~ ~
~ ~ N N LV
~ _o~ ~ ~
Fp C ~ ~ ~ C Q1 ~ O 0
~ ~~NC~ a~~~ ~ ~
VJ ~
D p~~ ~p~ fl ~
~ 0 ~ ~ ~
~~C ~~C ~O~v~v~
r~ +w
~p~
~ ~ ~3ro~ c ~ ~~~D~
CV ~ p r ~ ~
~ N ~ ~C
C
,v ,v ~ ~
~
~ ~
~ ~ ~ ~i
~ ~ ~ ~
uJ
b
0 ~ ~
~ ~
~ ~
~ ~ ~ ~ ~ ~ C
~ ~ ~ ~ a ~ D
~ ~~U ~
Agenda Item 9.b.
Page 31
~ N ~ ~ ~ ~ ~ ~
~ ~ ~ ~
0 O C a ~ Q
~ ~ ~ ~ ~ ~
~w
,L ~ ~ Q ~ ?
~ ~ ~ ~ ~ c
o ~ ~ o a o
~ ~
~ ~ ~ r~
o ~ o ~ ~ o
o ~ o a ~ a
N N N N N
o ~ ~ ~
0 C ~ ~ ~ C Q~j ~ 4~
~~Q ~
D {0
0 ~ [V
~ ~ ~ ~ ~ C W 47
~ ~ ~ ~
~ ~ ~ ~ ~
fA Q,! ~ Qi ~ C
~ O~
C
~I ~ II~ D ~ ~ ~ N
~ ~
r~Q9 #f}~~ ~~D
~ ~ ~ i ~~C i
N ~ ~ ~
0 D ~
~ O O
C? D ~
~D o~D ~
e- CM7 CM]
~A
~ ~
~ ~ ~ ~
~
~ ~ ~ ~ ~ ~
~ ~ ~ Q ~ ~ ~ ~
~ ~ ~ ~ ~
Agenda Item 9.b.
Page 32
~ N ~ N N N ~
~ ~ ~ ~ ~ ~ ~
0 O p D O O D
a a a a a a
V ~L ~L ~L ~L ~ L
a o ~ o o a o
m ~
c
~ c ~ c c
a ~ o 0 0 0 ~
~ ~ ~
~ ~ ~ ~ ~ ~ ~
~ o o ~ ? c~ o
~ N N N N N ~
~ ~ ~ ~ ~ ~ ~ C C C ~
C C C~ O D 0 O
~ D O 0 C ~
~~c ~ ~'C~~ ~ a ~ ~
a.~~ ao a~~~ E ~ ~ ~ o
E
~ E~ ~ a rn
~(A ~'p~ D 0 ~ ~ ~
~
o~ o~ o
~C~
Op~ Op~ ap~i '~p~1
0 ~
~ O D D ~ p O D
~ ~
C C C
~ La D
~ =
O
O ~ ~D ~ ~
C~ ~
iV ~ ~ r ~ ~ ~
~ ~ ~
~ ~ ~ ~
~ ~
~ p ~ ~ ~ ~ ~
m ~ ~ ~ ~
'~C~ ~
~ ~o ~ ~ o ~ o
~ ~ ~ ~ ~
Agenda Item 9.b.
Page 33
~ ~ ~ ~ ~
~
~ ~aa~ a` ~a~ ~ ~
o
~CL~
~ ~ ~
C ~ C ~ C ~ C
~ ~ ~ ~
~ ~ 1.{J ~ RO ~ LD
O ~ ~ ~ ~ N CV
(~I CV (~I hl CV
C ~ C C C ~ ~
O ~ ~ ,0 O C C
N
O ~1 C ~ ~ 0 O ~ ~
~ ~ ~ ~ ~ ~ ~
E ~ ~ E ~ ~ o
~ ~ ~ ~ ~ ~ ~ ~
a
~ ~ ~ ~ d! ~ ~ ~ ~
~~i oia o ~ a
~'c ~c ~ ~ o~ ~
a~ a~~
0 0
~ L L. ~ ,
D ~ ~ ~ ~
~ ~ ~ ~ ~
~ u~ o ~ ~ o ~
~ ~ ~ ~ ~ ~
ao cv ~ F ~ .
~ ~ ~ ~ ~
~ ~ ~ '
~ ~
~ ~ ~ ~ m ~ ~ ~
~ ~ ~ ~ ~ ~ ~ ~
~ ~ ~ ~ ~
Agenda Item 9.b.
Page 34
.L
C
D ~
L
C ~
4i ~
L
~ Lc?
~
C
,r
i.4
V
' ` ~i
'1? C
~ ~
~ ~
~ ~
~ ~ ~ ~
~ ~
~ L
~c
~ ~ ~ ~
o
~ ~ ~
~ ~
~ ~ ~C~~ ~
a C~~}~a~~
~ N~ dl~ ~ ~?J~
~Q C[~~~~~C~~
Q C ~ ~ ~ ~ I~3 ~ L~
~.?COC~CI~U~
Agenda Item 9.b.
Page 35
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 9.b.
Page 36
~ ~r~coRp~~?~r~ F~
MEMORANDUM
~ m
~ JU~,Y 10, f~11 ~
TO, DITY DOUNDlL
FROM: ROB ~TRaNC, Do~IMUNITY DEVELOPMENT DIREDT~
UBJET: CONSIDERATION OF ACRIDULTURAL BUFFER POLIDIE
INCLUDING MINIMUM BUFFER DITANDE, ALLOWED LAND UE
AND LANDDAPE STANDARDS OF THE GENERAL PLAN AND
DEVELOPMENT CODE
DATE: JANUARY 2~, ~O~S
RED~I~~IENDATION:
It is recommended the pity council review Agricultural Buffer policies, including
minimum buffer distance, allouved land uses and landscape standards of the General
Plan and Development fade and provide direction to staff.
FfNANCIAL IMPACT:
loo fiscal impact at this time. Reconsideration of the Agricultural Buffer Policy urns not
anticipated as part of the ~0~~-~OgB nor ~aa8-~Og9 Community Development
Department budget. If the City Council decides to make this a substantial and high
priority objective it uvvuld be necessary to revise department goals outlined in the
approved uvork progrr~ or increase staffing or contractual services to enable this
additional ta#~,
BAI~GROUND:
During ~Dg~, pity staff prepared a camprehensive revieuv and prapased necessary
revisions to the ~g0~ General Plan and Development Code as uvell as alternatives
outlined in the R ort on the anservation of A ricul#ure in the Cit of Arro o Grande.
{Bee Aricul~ur! F~epart, Attachment The Agricultural Report included consideration
of '1 aa, 20a or as-foot agricultural buffers and prescribed several restrictions and
design standards for neuv residential uses and landscape separation between nevv
residential developments and Agricultural zoning districts. an page of the
Agricultural Report, the number of existing houses that uvould become legally non-
conforming for each alternative buffer vuidth was estimated from the pity OI maps at
g~, ~ b~ and 2~l respectively far the ~ Og, egg and 30a foot buffers. Ordinance No. 55g,
that included the ~ as ft, minimum Agricultural Buffer: uvas adapted after proper mailed
and published notice, workshops, and public bearings by bath the Planning Commission
and City council.
Below is a summary. of discussions and actions that have involved policies and
regulations related #o Agricultural prates#ion and buffers vuithin the pity of Arroyo
Agenda Item 11.a.
Page 1
DITY ~UNC~L
DoNIDERAT~ON AND REIIlEVIf DF THE DlTY' PoLl~E AND ~EULATION
FAR AC~~CULTURAL BUFFER
JANUARY ~2, X408
PAE2aFG
Grande subsequent to the ~go~ general Plan Update when the issue of agricultural
buffers was first addressed:
? ~n ,~anuary ~ 4, 2g0, the Ci#~ council adopted ordinance No. 3 suspending
the acceptance of development applications for land containing prime farmland
sails.
? A ublic workshop was held on May ~8~", ~g0 to solicit public input on policies
p
protecting Agriculture.
In the summer of three public hearings were held by the Planning
Commission to receive public input on the Canserya#ion o~ A~rr~~~ra1
~4eources far fhe Cif ofArro o ra?~de and related issues {see Attachment ~
? ~n ,1uly 2~, ~~g3, the City Council of the City of Arroyo Grande adopted
Resolution ~9g to implement specific recommendations from the Agricultural
Report, including the initiation of an ar~endment of the general Plan Land Use
Map, an amendment to certain policies of the general Plan, the establishment of
agricultural conservation easement and support programs, and an amendment to
the Municipal bode modifying allowable uses and standardsf establishing
mitigation measures and a buffer overlay district.
? ~n September 4~, the City Council adopted Resolution No. ~1 ~ that
approved general Plan amendment ~-00~ to implement the first of a series of
recommendations initiated by Resolution fig, changing the land use
designation of four parcels to agriculture modifying language in the Land Use
Element and amending the Agriculture, conservation and open space Element
to revise implementation policy far mitigation of converted agricultural lands.
? At the November ~ag~ meeting, the pity Council directed staff to prepare a
general Plan Amendment for Planning commission and City council
consideration eliminating the word "minimize" from objective Age of the
general Plan Update Agricultural Element.
? ~n Deer~ber g, X003, the pity Council adopted ordinance No. b~
{Development Code Amendment ~-0~5} to implement the second in a series of
recommendations initiated by Resolution fi99, incorporating regulations and
amending the Zoning Map to create an Agricultural Preservation overlay District
{buffers} of ~ 00 feet around all agriculturally zoned properly, requiring adequate
findings for subdivision or rezoning of agricultural lands} and implementing
mitigation requirements and revjsing land use regulations for all agricultural
districts.
Agenda Item 11.a.
Page 2
iT~ra~~uiL
TIaN AID REViE1N aF THE QTY' PaL1~1E ANA RE~JLAT~~N
O~h11DERA
~~R A~IULTUf~AL BUFFED
~lANUARY~~~ 208
PAEaF
? In March 20g~ the fit auncil adv ted Resolution ~3 approving General Plan
y ~
Amendment g3-~0 that included alternafives for the third and final actions from
the recamrnendations established by ~esalutian ~9g~ These actions included
developrner~t and support for a formalized Agricultural Enterprise support
Program ~AEP} and an Agricultural onservatian Easement Program ~AEP}
forthe CityF
In October ~aa4, the pity council considered an interpretation of the Agricultural
Suffer provision fram Ordinance Na, g, related to residential uses within the
buffer area e.g. backyards, maintenance of new buffers, and the location of the
~D ft. landscape strip within the ~ Og ft. minimum buffer. The auncil made the
interpretations ~}that no new residential uses including backyards and garages
associated with new residential uses} are Ilowed within the ~ as-ft. minimum
buffer, 2~ that new buffer areas are to be maintained by either a homeowners
association, a maintenance district, or dedicated to the pity for new residential
uses as specified in the Ordinance; and 3}that flexibility regarding the location of
the ~g ft, landscape strip within the ~g0-ft~ minimum buffer be allowed with a
preference for keeping the landscape strip as far away fram agricultural
operations a possible.
? In May ~Og5, the interpretation of nerai Plan policies under Objective Age of
the Agriculture, Oonservation and Open space Element was brought to the
Oauncil for discussion. The purpose of discussion was to clarify the intended
purpose and scope of policies aimed at conserving prime farmland sails as they
relate to differences between properties zoned agriculture and thane that are
zoned residentiallcommercial or far other non-agricultural uses. The council
concurred that a "conversion" according to the definition in the Municipal bode
indicates that a lass of prime farmland sails shall refer to their unavailability for
agricultural use; and found that if they are not zoned for agricultural:
conservation, ar open space, they are not available far agricultural use.
? In June 2805, the pity council received a progress report and presentation
delivered by the Land conservancy of fan Luis Obispo bounty regarding the
agricultural preservation program, including the development of a system of land
prioritization and conservation information for agricultural property owners and to
encourage voluntary agricultural conservation easements.
In August 2007, Mayor Pro Tem Fellows requested and the pity Oouncil concurred, to
agendize additional review and discussion of the pity's buffer policy regarding buffer
width Attached is an updated and expanded summary of buffer policies in other
jurisdictions in Oalifornia Attachment In summary, agricultural buffers for Oalifornia
cities range from ft~ X00 ft. or are case specific, Agricultural buffers in Oalifvrnia
counties range fram 100 - 8a~ feet din DLO bounty}. Many have na minimum width
Kern bounty and 1lentura bounty; pity of Santa Maria} and same have a minimum
Agenda Item 11.a.
Page 3
1T1~ DoI~NCIL
N AND R~1~IEIrII of THE DITY' PoLIDIE AND REULATION
DoNIDERATIo
FOR ACRIULTtJRAL BUFFER
JANtlAR~ Z, 200
PAC~4oF~
urridth ran a Sonoma and Santa Cruz counties.} Most have a vegetationllandscape
g {
component and aiverlmodification provisions.
ANALYSIS of IUD:
Several important factors influence buffer Widths for a community vuith respect to
balancing other land use goals and objectives: ~ } v~hether the community i an urban
area and the degree to ~rhich buffers create non-conforming uesltructures and
potential taking of property; vuhether the agricultural properties that are to be
protected are surrounded by urban land use -and types of sensitive receptors and the
types of crops and pesticide application; } the construction of the buffer {inclusion of
physical {creeks, roads yr vegetative barriers; 4} v~hether the agricultural buffers are
considered to function strictly to promote agricultural preservation or function as an
open space buffer or a greenbeltlpurplebelt on the periphery of a community; uvhether
there are additional policieslstrategiethot ~rork in conjunction Frith the buffer policy e.g.
right to farm, agricultural enterprise, other mitigation policies and fi} vuhether neighboring
jurisdictions have buffer policies. {This list i not comprehensive and many other factors
can be considered.}
The pity's current agricultural buffer requirements established by ordinance No. o,
include eve conditions that clarify:
1. Afl nee development {subdivision, use permits and building permits for near
residential units} adjacent to any designated agricultural district {i#y or bounty
coned}shall be required to provide an agricultural buffer.
The buffer area shall be a f~inimum ofone hundred feet r~easured from the edge
of the designated agricultural district, ~ Crider buffer is encouraged and may be
required but a decreased buffer may be allouved only if it can be demonstrated a
physical buffer exists that is adequate a d approved by the San Luis Obispo
bounty Agricultural vmmissioner,
. The minimum ~ ~~-foot agricultural buffer shall be composed of a twenty-foot
wide landscaped transition area contiguous to an eighty-foot pride buffer adjacent
to the designated agricultural district, Tl~e 1 o0-foot agricultural buffer shall not
qualify as farmland mi#igation for agricultural land conversion.
The buffer may include pedestrian access, native plants, tree or hedge rows,
roads, drainage channels, storm retention ponds, natural areas such a creeks or
drainage swales, u#ility 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. Specifically, no
near residential use shall be permitted urrithin the buffer area unless it is
determined there v~rould be no other economically viable use of the property,
The buffer shall be established by the developer pursuant to a plan approved by
the pity for integrated geed and pest managemen#, soil erosion control and other
landscape maintenance agreements which shall be recorded.
Agenda Item 11.a.
Page 4
CITY CoUNDIL
TION ADD REVIEIIIf of THE CITY'S PoLICIE AND REULATION
CoNIDERA
FoR AGRICULTURAL BUFFERS
JANUARY 208
PACE 5
IlVhile the fit 's general Plan and Development bode require ~ minimum buffer
Y
distance of 10o feet, the Planning Comm~ss~on and City Council have generally required
a neater distance. The required buffer for the sherry Creek development was ~ feet.
T ~ ¦ ¦ . .
Recent development review and pre-appl~cat~on cases rased unanswered questions
and variables, such as a larger than minimum spacial separation or smaller than
minimum landscape separation due to roads or driveways. These criteria also leave to
the Planning ~ornmission and council discretion about what types of commercial uses
or non-residential buildings and parking areas might be considered consistent with use
as an agricultural buffer. The Planning Commission and Council have encouraged 1 0
feet as the minimum buffer distance between the agricultural district and nearest
residential developments. Adjoining the County Agricultural districts southeast of the
Pike and Elm Street, the proposed agricultural buffer included possible private
recreation and guest parking for the residential uses as well a existing commercial
parking area of the corner 7~~ ~ store. These interpretations were not in conflict with
existing City policy but specifics were considered on case specific criteria.}
Reopening this issue could involve labor intensive and potentially contentious
environmental determinations with major general Plan policy amendments andlor
complex Development Code revisions. The preparation of the Agricultural Report; and
related public hearings on ordinance ~0 required a moratorium and more than one
year of community Development Cepartment staff time to complete. It also involved
legal challenges by affected property owners in which the City prevailed.
If the council initiates reconsideration of these issues, a new EC~A analysis and
related findings would likely be required, public hearing notices rr~ailed directly to mare
than 10o nonconforming homes and more than boo residential properties within 300
feet of the current agricultural buffer overlay district.
A~TERNAT111E5:
The following alternatives are provided for the Council's consideration:
- Receive and file. Buffer width can currently be modified beyond the minimum
1 oo-foot distance based on current policies when appropriate, as evaluated on a
case-by-case basis.
- Instruct staff to include additional agricultural buffer analysis and alternatives as
part of the update to the Agriculture, Conservation and open Space Element
update during 2008.
- Provide other direction to staff.
ADIIANTAE.
The advantage of maintaining the current policy is that buffers meet standard minimum
requirements, but actual distances are determined on a case-by-case basis necessary
to address specific needs and issues related to the property characteristics and
environmental constraints. Staff believes the existing requirements have effectively
Agenda Item 11.a.
Page 5
DITY COUNCIL
ND REIIIEV~ ~F TIE DUTY' POLIOIE AND RECI~LATI~N
CONSIDERATION A
FOR AGRICULTURAL BUFFER
JANUARI~ 2~, ~D08
PAOE~OF
glanced a ricultural rotection and site-specific development constraints. Maintaining
~ g ~
exitir~ re u~ations will avoid repeating a labor intensive and expensive analysis effort.
g
DIADIIANTAE:
Avoidin reconsideration of buffer polices will eliminate an opportunity to clarify general
g
Plan olives and Development Code regulations, increased buffer distance and the
~ .
establishment of new requirements could enhance agricultural protection and reduce
ambiguity in the existing general requirements.
ENVIRONMENTAL RE111E~11:
No environmental review is required for this item, but would be necessary prior to buffer
distance or significant policy changes.
PUBLIC NOTIFICATION AND COI~II~ENTE:
The Agenda was posted in front of City Hall Thursday, January ~ ~~08, The Agenda
and report were posted on the Cityfs website on Friday, Jan ~ ~gg8. No public
comment was received.
Attachments:
1. Agricultural Report
urnrnary of duffer 1lvidths
Agenda Item 11.a.
Page 6
ATTACHMENT 1
Report on Conservation of Prime Agricultural Resources for
the City Of Arroyo Grande.
Agenda Item 11.a.
Page 7
ß¹»²¼¿ ׬»³ ïïò¿ò ß¹»²¼¿ ׬»³ ïïò¿ò
п¹» è п¹» è
~~S+L/Ifi7I~~~~ \.I~i/ 4i~ ~~I¦i~ ~MU~~ ~Vi~ii~V~~ Y.i...¦¦.aiYr....r..r..iYYYfl..l.fl,.l.,.r¦,lt..¦.r.r....l,,.,R,ilR..sl...~r!
~~i ¦ ~ifi~ 1 j:1a~i ~4z~~ tiaaaaaaaariia*aaraaafrr*tiii~iifaaiii4i~Eiiiiiasata4ii#aaintaaasaaa ~ V
~ Vf ~ii~k/ ~¦Fli¦~?¦~~ ~ i~} Vi•~~...a~ ..............fY...,........~Y..ff~........1..1.,.,.,,.I.,.,f4¦......~.Ir....l..r.¦...
A4y1la~l~~ V+ ~~~M ~~~i~Vf#fV~~~~,r..R,.!lfl,,.l.,l.#....i.flii.!!.#,,.,ii,l,#l.,iR...¦¦.¦s¦¦.....i.s¦~*..¦.f.¦ V
'ubdivtsio~s ire ~l~c~~tur.~istria~s .........................!!,!¦..1.,...1.,..............,.l,.l,l,,..,..i....,.. 3b
III. A1~Qed ~r~cont~va~~b~e ~evela~pr~errt are ~riculrrad~-~ar~ed ~'arce~s .........l,..l..........¦ .~7
I4I • if ~~r/ ~F V ~ ~V ~ #RR ~~~7 N~ ~Y .........4.i.i...¦i....l.ii.f...i..,.Yi...#.1F,4...¦...¦¦¦a¦..,. r.¦¦..r!*.
ii~r. ¦~/1~~~7~~ ~*~fV i~\II wV ~1/Y ¦'•f+~~ ~~YIf~~M~l,#R,..¦.1.,.........¦..¦¦¦.Y../.s?!Y.¦.¦.¦.i¦i.¦..?iil.,.f ..l...Y~Y..• ~V
4ri~ V~Li~~1 4 ~I ~4 i~vl....4.,iii+1/.f./1..,.1R,4/yy#.1.,...,,?.44i#,4¦/...,!l441R/ „#.,...R,l.,,/.,441M. 1...1.i.,.....4.i.......1.¦ ~ V
~.III~RI•~#wI ~~~~MrIY ~,...l,lR.,#.w..¦..iY..¦./.....¦¦¦.iY/./f4./4..fi¦.¦Y¦i/i441.¦.¦¦.¦Y..¦.,i.i/4Y}......I.f...,..il,#4,.,...,i..,! 4~~
V~ ~u~~~V~S~V~ 4if#N ~a~~~~ {¦/~i4N~~Fi#K~~{~F~N,I..a¦..r¦..,,.i..,¦.,..,r,.,,¦¦¦a¦¦¦¦¦¦¦¦¦..Y¦..Y..,...¦¦¦¦.
+++~~~il •.,../~//4rr.¦¦¦/...t,.f1....,..s.,i..1/44~~¦r~Y.ir~+¦,/4/4fl~i4fr/4/.,r~~lr/4f/*4Y¦¦¦r.#..4r.~~/1444Fr.r/.....~.l..a....a..ar..,..•
i. ~~11MY~ la~ ~41I ¦ V//I~fa~Iff/~~~¦¦,#1/„f,#.,.a..¦.IR.44./..IY„!.¦¦¦.¦¦.¦¦¦¦.¦....i..iYfi.,.., .....#,.l..l.l.!
i~. ffVl~#~ V ¦wF~~~V• Y~YII#..,.li...l .fllliR#..aR.,iRf lf,IR „#i¦.,¦..aR.¦¦¦¦¦#.¦.4411./l.i..ll,1.,#.1,.,,.¦¦., l,,,14
li~i ¦i~~i i/i{ V• • 4iRV~i'i-.V,! i ViY.I FF •4~~ •L..1.../.4111.i.f.Y...........1.¦....l,R.,#!R/ii4YY.1..44i..¦Y1.¦¦
iiV~VV~¦+¦V+7¦.¦~V~~~¦FF~~~ii~i~ it~~i/iT3~++4YV#~i.iY.4.44~s./¦Y.......~..4......~.1.,~.¦¦¦.i¦¦i¦..¦.i¦¦4.i..i ~V
~+~i ~VVf~+¦+~lii~JVi.I~i.F#r+i¦ ¦i.1~i1iY •../f¦..~...a..¦..,¦/././.4R/4i/44./1M4r¦...~i.~Y.....f.#1...,...rs..l.... 1~
~~jj,/~ ~ •iiiiiii•iiiiiiiiiiiiliiiiH4iiiiiiri•ii•iaiii•iiiiiiiiiiiiiiiHi
~~1 ~J¦I~i:J iii#iR*ii~~i~~ff4#iii~~ii~#i*ii/ii4~*r4~~4it*iii/iiF~~~iraafiaiiu;iriir~4~i4iiiai/~iai~iii##~i~4i4iii~li4ir*irMriirsrriM/iii
Agenda Item 11.a.
Page 9
f~~PO~T o~ THE
oNE~vATioC~ PIKE AR~GUL`~URAL ~~ouR~
IN THE
QTY ARROYO CAh1D~
I BAC~C~oUl~D
~n January ~ 4~ the City Council Adopted ordinance ~ which implemented a
moratorium on the acceptance of land use applications that seek to develop parcels
containing prime farr~fand soils. This r~oratoriurn has been in effect since February ~
X00 and will expire on August ~ unless extended.
foot Generai Plan - ~~riculture, Conserv,,~ion end open space Element
finder the ~ 9g0 and ~00~ General Planet most of the Mass I, II, and adjoining Mass Ill
soils within the City were designated as "Agricultural. The Gpen space and
Conservation element, as well a the Land use Element of the X990 general Plan,.
contained goals and policies to preserve and protect viable agricultural uses within
and adjacent to the pity. This included prevention of continued conversion of
agr~cu~tural lands to non-agricultural uses, particularly involving prime soils. The
concepts o~ "transfer of development rights", ar credits ~'D~. or TD~~ and separation or
"buffer areas" between agricultural ~ and urban uses vrere introduced as possible
irnplernentation actions that the Cif and County might utilize.
The g0~ General Plan reinforced these .goals and policies and emphasized the
importance of agriculture by the adoption of an optional Agricultural, Conservation and
open'pace ~Iement.~The agriculture portion of the element contains six ~}objectives,
each with several policies intended #o preserve and protect prime farmland and
conserve other agriculture, open space, and natural resource lands. Loss of prune
farmland soils was determined #o be a significant adverse environmental impact per the
aliforr~ia Environrenta! C~ualiy Act ~EC~A}t requiring consideration of an
Environmental impact deport ~EI~}. Possible mitigation for lass of prime farrriland sails
includes, but is not limited #o, permanent protection t a ~ ~ 1 ratio of prune agricultural
soil within and contiguous to the City boundaries, tither potential rrritigation measures
mentioned include payment of in-lieu fees or other rr~itigation acceptable to the City. The
basic objective, however, is to avoid conversion or ~fragmentatior~~ of areas with prime
farmland sails by directing potential growth to more suitable locations. To emphasise
this strategy, adapted General Plan policy Ag ~ ~4. pecif ically states:
.Only after the imposition of available mitigation and consideration of
alternatives to avoid the proposed actionconversion or loss} may the City
council approve development on prime farmland soils subject to
overriding oonsiderat~on a perrn~tted by CEG~A section ~ ~~93.~
Another adopted General Plan policy Ag encourages lot mergers and
consolidations to qualify for conservation easer~ents or vVilliarr~san Act contrac#
Agenda Item 11:a.
Page 10
generally requiring ten acres of prime farnland to qualify fvr tax relief. To prevent
excessive building on prime farmland soils, Ag -'19,4 res#ricts building sites to no mare
than ~ acre per parcel. Ag ou~ine several specific criteria for "bu~fers~ between
agriculture land use end nonagricultural lard use designations, including t least ~~o
feet fnorn agricultural operations to any new residential structure with a minimum of ~o
feet of landscaping screen, greater distances ~iay be required based on sits-specific
circumstances, including type of farming practices, building orientation, wind direction,
ar other factors.
The purpose of this study is to further evaluate cur~ulative irnpacfs and alternatives to
agilcultural conversion and propose additional alternative agricultural preservation
strategies. The study divides the agricultural designated difricts into a northeast area
and southeast Brea, each discussed and mapped in two sectors, In addition, two
smaller isolated agricultural use properties surrounded by urban developmen#s are
considered potential conservation or conversion study sib areas, one near East sherry
and Traffic VVay end the other nearT'hePike and youth ~ #reet.
Coordinated A ricultural u ort Pro rain
The oord~r~afed Ar~c~l#t~l support ~rog~rarr~ ~CAP~ report created b "Perspective
Planning" for the pity of Arroyo Grande and the Mate Coastal onservan~y ire 1994
{Updated 199 and 1997 is a thorough study and excellent reference that serves as a
starting point for this current study. I`n .addition to agriculture wi#hin the pity limits; the
AP stud included unincorporated land to the northeast of the Cif between Branch
Y
ll~lill Road and Huasn Read and large #racts of land south of the Cif that extend into
the unincorporated parts of the Cienega Malley.
The agricultural, trends and land use data from the GASP project is an invaluable
reference for this Trent study, Table 1 illustrates the more specific nature of this
current study as related to the City of Arroyo Grande and the AP study of the Greater
Arroyo Grande Malley.
Table ~
GASP cASP c~rr~nt study
{includes ~r~as {wi#hin City ~Irr~tts~ {within City limitsy
outa~de ~ C~ I~~nita
Applicable agricultural parcels ~ ~~8 ~ fi1 ~ G~ ~r ~T~
Panels with active agriculture ~ ~7
~i~erent land owners ~4 3~ ~
Acres of agricultural lands x,15? 35~ 339 or 35~*
Acres of land ire agricultural ~,9? ~T4 X13
produc~on
The number of pars designated as agriculture vanes due to di~eren~es between the 1991 caning
~1ap and the Land Ilse Illlap from the X409 general Plan Update.
4
Agenda Item 11.a.
Page 11
S
The current study also serves to update GASP study data, For instance, the GASP
study states that there were ~ agriculture parcels in the City of Arroyo rande# while
the current study has identified 1 or ?depending upon either the Zoning Map of 199
r the Land Use Map from the ~0~1 General Plan, In addition, the total rrurnber of acres
of agriculture land varies greatly frorn the GASP study ~~82~ and the current study ~~3
or This difference in the nu~rber of agriculture parcels and. agricultural acreage is
due to defintions used in each study not by the addition of parcels to agriculture land
use.
The GASP study was also used to provide baseline numbers about Arroyo Grande
agriculture in general. For instance the GASP study stresses the importance and rarity
of the year-round growing conditions combined with the presence of prime farmland
soils within the Arroyo Grande valley Surveys of farmers about crop production are
dearly beyond the scope of the current study, However, using the GASP study, it was
possible to roughly estimate the value of agriculture crops produced within the Cif of
Arroyo Grande. This task was accomplished by multiplying the average crop value per
_ acre per year given in the GASP s#udy by the number of acres of active
farming operations estimated by this current study The result of this formula is an
estimated annual crop value of 8,ggg for products. grown vuithin the City of Arroyo
Grande.
lunici al Code ectton ~ fi.~8 - A ricultural Zonis
Munici al Code Section ~ defines allowable uses, regulations and develop rent
p
standards for agricultural pones within the City of Arroyo Grande. Section ~ 8.~8.D~g
defines two agricultural pones within the City of Arroyo Grande General Agriculture
SAG} and Agricultural Preserve ~AP~. Section ~ fi.~.g~g ~A} states, "The primary
purpose of the A district is to provide for and pro#ect lands for agricultural crop
production, gra~ing,~ limited sales of agricultural products, and limited agricultural
support industries and services." Section ~ fi.~.~~~ {B} states that the primary purpose
of the AP district is to provide for and protect lands for which I~illiamon Act cx~ntracts
have been or should be signed. Both agriculture pones allow far single-family detached
residential dwellings at a maximum density of ~ dwelling unit per ~ gross acres a
well a accessory housing for farm workers. There are several 24~~ general Plan
policies that require revisions to the Developr~ent Code toimplement new policy.
Agenda Item 11.a.
Page 12
~l~v~~urol~~ o~ AG~ICLILTURAL ~~ou~c~
GlS Anal si
An analysis of agriculture lands within the City of Arroyo Grande was perfomned using a
Geographic Information system ~GI}. A geographic inforfnation system is computerized
mapping software that allows for the storage and graphic retrieval of spatial information
about a place. .
Map ore was created using parcel, land use, and zoning data compiled by Applied
Geodetics for the City of Arroyo Grande. This reap illustrates the difference between
parcels designated a Agriculture under the X001 General Plan land Use Element and
the ~ 9g~-zoning map. According to the zoning map there are acres of Agriculture
land within the City of Arroyo Grande r~hile the new land use map indicates 2g acres.
The difference illustrated in Map one represents a potential reduction of ~ acres of
Agriculture zoned Sands within the City of Arroyo Grande.. This potential reduction does
not include non-agriculturally zoned properties containing agricultural uses that were
converted during this time period,
Maps two and three illustrate land zoned or designated In tl~e land Use l~lement as
Agriculture by parcel size. These maps indicate that large agr~cuitural parcels within the
City of Arroyo Grande are to the south of the ~ o~ ~reway and irnrnediately adjacent to
the northeast edge of the pillage, wrhile the Agriculture parcels in the far northeast
section of the City have been fragmented into smaller Iots.
Map faun uses soil data from the County of San Luis Obispo ~n conjunction with the
City's parcel data to illustrate the location, type= and amount of Class 1, II, and III soils
within the City of Arroyo Grande. The IS analysis indicates that there are
appro~cirr~atly BOO acres of soils within the City of Arroyo Grande that are considered
prune agriculture sails ~Cias 1 or Glass ll}, Geologically, these sails are associated with
the Arroyo Grande and Corbett Canyon Tally Ho} Creeks, which in the past have
overflowed their banks and deposited fertile soils onto the fat lands, It is easy to see
that a substantial portion of the City of Arroyo Grande, including mast of the pillage, was
built upon prime agricultural land. There are several linear bands of glass Ill soils within
the pity limits. Although not considered ~prime~ soils, two patches of Class 111 soils are
present in the lands zoned "Agriculture" and have been, according to one source,
producing at seemingly comparable rates as its ne~ghboring glass I and II soils.
Map fve was generated to evaluate the relationship between Glass l and II soils and
parcel size. The patterns presented indicate that there are large parcels X10 acres or
larger} that contain glass l and ll soils south of the ~o~ Freeway and in a limited number
ad'acent to northeast edge of the pillage, Additionally, the patterns indicate a
1
fragmentation of glass I and li soils into small parcels throughout the pillage and more
recently X190 on} in the historically agricultural dominated northeastern and
southeastern sections of the Uity.
Maps six and seven utilized the geographic inforrrratior~ system to isolate and display
Class 1, Il, and Ill lolls that are coned or designated in the Land Use element a
Agenda Item 11.a.
Page 13
A ricul#ure, These two ma indicate that there are 25 acres of glass !and l! soils
~ p
zoned forAricultureand ~ acres designated as Agriculture in the land Use element.
The difference of land in these two maps indicates a potential reduction of 18 acres of
prime agricultural soils.
Map eight is very similar to maps two and three in that it shows Agriculture parcels by .
size. ~lowever, map eight shows that there are only four Agriculture parcels that are
larger than 0 acres.
Map nine indicates the presence of active grooving operations on parcels designated ar
zoned for Agriculture. This data was generated from the review of high-resolution aerial
photographs. Most farming operations such a the growing of row crops and green
houses are easily identified, but operations such as cattle grazing are not and could not
be included. !t i also ln~portant to realize that the aerial photographs provide a
rrrornentary snapshot of farming that takes place over seasons and years. It is possible
that same fields ~ may be lying fallow and have not been identified. This map also
illustrates a~ correlation between small Iot size in the northeast Agriculture lands and the
lack of active grooving operations.
when viewed together, these wraps illustrate the cumulative tential reduction of rime
po p
agricultural soils over the history of the city of Arroyo Grande. This started with the
founding of the original cornrnerci! canter of the it~r, the pillage, on prirrre agricultural
land and continues toda in the form of incremental conversions of land to nor~-
Y
agriculture uses In quantitative terms; the ! analysis shows the currrulative effects of
time and land use decisions in the fact that the City of Arroyo Grande at one time had
the potential use of over ~0 acres of prime agricultural land ~claas !and ll soils but
today it has ~ acres of prime sails designated Agricultural.
Maps ten and eleven indicate the zoning and open space contract status of land within
the county but adjacent to the city of Arroyo Grande. These maps indicate that land
zoned as Agriculture continues north through the Arroyo crande plley and south into
the ienega palley. These map also indicate the prevalence of land contracted to open
space or Agriculture use through programs such a the l~Uilliamon Act.
Agenda Item 11.a.
Page 14
Map 1
Arroyo Grande Agriculture by
Zoning (1991) and
Land Use Element 2001
1
~cy
{
v: E;
Creeks j
i I " = land Use
Arroyo Grande Agriculture ~ ! W~E Zoning
Zoning = 369 acres ~ ~ S Q City Limits;,
GI Parcels
Land Use Element = 329 acres ~ I
~ 0 0.5 1 Miles
Agenda Item 11.a.
Page 15
N
r ~
f
1
i
1
I
~ i
i
r' ~ ~
~ ~
i
I
~ ~
~ ~
h
4
4
w
i
I
1
I
1
9
J
I
t
I
i
i
f
i
I
' -
I
e I
~~~Fr+Q ~
~ww~./
• ! ~M. YA/~. ~
summa ~ ~ c~ u~~
Panel 1~e
~ 0 ~arcei are ~ 4 a~re~ of larger `
•W*~
1, ~ Y ! iaTV ~ IS?V i
~ parcels are ~etv~een and 9.99 aces * a.ss acres
~ ~ parcels are between ~.5 and 4.99 acres ~ ~ - ~ ~
i
A tatai cf ~7 a~cei are cl~rrenfly coned agricuitul"e. ~ ~ N~i~ea ~
t
i
Agenda Item 11.a.
Page 16
i
i!
I
i
1
e
I
7
i
~ i
~1
4
i
I~
e
I
I
i
r I
f
I
I
f
~ a
~ ~
r
I
I
I
I
6
Y
i
{
+~}T
Y
a i
I!
I
i
I
a
~ Paros
x ~ ~ ~
urnrnary ~
parcels are ~ 0 acres or urger Panel see ~
11 reels are ~etvveen ~ and g.gg acres ~ ~ ~ - ~.a~yy/ay~g/eysQ~ ~
it - ~~Vti1 ~11~ w+~/
~ ~ parcels are between ~.5 and ~4~g9 acres ~ ~ ~ ~ - s, acres
~ 1~ - 38,5 saes ~
A #o#al of ~1 parcels are currently des~gnated~Agric~l#ure '
~ ~ Mikes f
i
Agenda Item 11.a.
Page 17
Map 4
Class I, II, and III Soils
Within the City of Arroyo Grande
0
Q CIry llmlts
There are an estimated 500 acres wE ~~"`i'
of Class I and II soils within the
City of Arroyo Grande. S
0 0.5 1 Miles
Agenda Item 11.a.
Page 18
~ ~ r
E
l
i
~ i
f
f
i
k
I
t
4
5 i
t4 1
` `
"i ~
i
3
i
f
1 1~
I
1
1
Y
i
r
i
i
F
S
i
f 1
J
i
Cry Lfmit~
~y~/1~~
f Y.V4w
1
~ ~
~.v • yes i
~~~i I i
~0 - 48.E ~ ,
i
Agenda Item 11.a.
Page 19
Map 6
Class I, II, and III Soils
Classified Agriculture (Zoning, 1991)
i
o
I'
i~
N ~ Parcels
0 L1ry Limits
i!
253 acres of Class I or II soils W~E ~"p'~'~°°"
~ zoned as agriculture. a
0 0.5 1 Miles
~ '
Agenda Item 11.a.
Page 20
Map 7
Class I, II, and III Soils
Designated Agriculture
(Land Use, 2001)
--z;
~
o ~7~
_ - ~ ~
~
N ~ Parcels
City LImRs
~ 235 acres of Class I and II soils ~ w~E ~;~'fi~"°^
~ per the Land Use Element. ~ I s ~
D 0.5 ? Miles
i
Agenda Item 11.a.
Page 21
~ ~ ~
a
~ ~
I
~ ~ 1
//f M
4
i
i
f
r
I
i
i
i
9
1
i
I
{I~
1
J~J
1
i
i
i
i
+f
I
I
I
f
~j~{~@ I
• ~.114V.W
PBroe~S
~ ~il~ ~ll'I'M~
~ !
~ o•~a~
2.~-A.99
~ 5-9.99 ~
~ X14-19.9 f ~
~ 2Q - 38,5 !
r
I
Agenda Item 11.a.
Page 22
Ma 9
p
Active A ri cu ltu re
g
Zonin 1991 and
g
Land Use Element 20~ 1
i
i
E
i
'I
i
E
~ f
3i
I
AI
i
i t
- CI'88kS
u Acfiive AgricultuEe
Lar~ci Use
City L€mits
S ~ Parcels
0 0.5 9 Miles ~
k
Agenda Item 11.a.
Page 23
Map Za
Zoning and `
n S ace Contract Status
Ope p
of County.Land South of the
City of Arroyo Grande
AG ~ Agriculture A~
OSC A Open Space Contract ~ aG osc ~ osc .
Base map from CASP study, Zoning and contract status from the AG AG
Office of the County Assessor. OSC
u 5~ AG ~C
i~
~ - s~E
~a AG
.AG:
y DO 0? 'osc ' a~
~ ? ~ O O OSC A~ P AG AG
~i oao ~ os~
Q osc
o O0 tts?r,r ~
RMf
~ ~ DOD; AG aG A~ ~ , .
~ - AG ~ 05C
G A AG C A~'
g AG A~ AG
AG ~ G~ AG AG 4S AG pSC 0 C pG ~ AG OSC
~ ~SC~ OSC A~ ~
OSC g~ pSC OSC
r OSC p~ AG AG
OSC 4 pG
M oSC y OSC ~ AG
~ oSC o
ay
##~#f#
o~ r.~so.e AG AG R r~ x
aS
osc osc
r
w
~•s¦~¦¦s¦s¦: OSC
~'"tt°' _ 'ts OSC
1~~ OSC ~
_ ~ ~
! ~
Agenda Item 11.a.
Page 24
Map 1~.
Zoning and
Open Space Contract Status
of County Land Northeastof the
City of Arroyo Grande
AG =Agric~tture a
OSC ~ Open Space Gor~tract-~ s~ A~
Base map from CASP study. Zoning and contract status from tt~e ~ p~ ~ AG , . ~s~
Office of the County Asse~so~ +~G pg~
aN
i
~ ' i
r
~ E
~
~ 4 • ~
t
HWY 109 ~ .
Agenda Item 11.a.
Page 25
ca~~l~~r
Review of Public Comment Dunn the GASP Stud and General Plan U date
GASP study interviews and the survey dare far the 2~~~ general Plan l~pdate indicate
strong car~rnunity support for agriculture end strong concern among farmers that
protection will be at their expense and to the detrirr}ent of their property rights.
A~ricultu~al Vyorkhap; Ma 2~ ~4~~
On play 8, 2g~, the Community Developren# Department hosted and moderated an
agricultural workshop that served to introduce staff studies and seek participants' views,
concerns, and ideas about the future of agriculture on prime soils ~rithin the City of
Arroyo Grande. This meeting was noticed to the general public in the Times Press
l4ecor~er ar~d flyers advertising the workshop were sent to all owners of land zoned a
"Agriculture," to ail owners of property that is within ago feet of land zoned Agriculture"
and to interested organisations and individuals. In addition, a press release announcing
the workshop was sent t~ various news organizations. A copy of the press release, a list _
of the organizations noticed and workshop attendees are in Appendix
The ini#ial presentation at the. workshop was delivered by Community Development staff
members and served to inform the audience of the provisions of ordinance 5~, reviev~r
information frarn the GASP report, ~ and to introduce agricultural preservation programs
that are Curren#ly in use by other municipalities.
,leff Garcia and ,fenny Lester of the American Farmland gust informed ornmunity
Development aloft and the audience about the use and effectiveness of conservation
easements in the preservation of agriculture! land. An example in Madera County was
presented where agricultural easements placed over multiple properties effected a
"farmland Security" area at the west edge of the city.
Before, during, and after the formal presentations, the audience members asked
questions and provided input about the preservation of prime sails. lrr~portant ideas and
issues discussed included the preservation and improvement of the agriculture industry
in general, the marketing of crops to the local area, overall tax implications far
agricultural easements, lack of local agribusiness and water issues, Also discussed by
the participants were the issues ~of property rights in general, the validity ~f conservation
easements, and the need for sustainable farming programs. Participan#s emphasized
that benefits of agriculture are community~wide, but that often the burdens are placed
solely upon farmers and ranchers.
~9
Agenda Item 11.a.
Page 26
Plann~n arn~ss~on Meet~n June 17 g0
Public camn~ents from the June 2~~ Planning arnrnission meeting ranged frorrr
procedural cr;ticirn of the ~gricuitural study in general to specific comments and
suggestions about the use of agricultural buffers, conervatian easernepts, and
discouragement of the use of clustered. developments an prime faun land a a
mitiga#ian taal. collectively, the public carnment session reinforced the realixatian that
the conservation of agricultural lands is a complicated pracess, with many variables,
and any decisions made can have negative or positive effects in the fabric of the
carnrnunity. clvseiy related to this realisation was the concept that the conservation of
prime farmlands goes beyond and i affec#ed by variables outside of the city's
jurisdictian. Exan~pies include the national and statewide conversion of prime sails for
urban uses, the projected population growth of the State of alifon~ia, and central
coast Region's current shortage of afrardable hauling.
Probably the mast irnpartant suggestions that came from this public comment session
was the request for mare appvrtunitie for public discu~ian and camment and any
agricultural conservation measures that ire implemented require broad can~munity
support to avail agricultural policy changes with every election cycle.
Planning carnn~issian I~eetirl Jul ~ ~Oa
Public comments frarn the July ~ , 2D4~ Planning ornmission rr~eting cansited of
many concepts including that the city cantinas to take a leadership rate in the protection
of prime agricultural landst the economics of agriculture including the difficulties
associated with keeping rr~ll parcels of faun land viable and a concern that
preservation of agricultural lands may help those with a slow growth agenda; the
encauragement of staff to investigate the passibility of agricultural public relations
pragranrs and to .lvpk #o the efrart of ather rnunicipalities far examples; and the warning
that the pity needs to create agricultural conserva~on policies that are reasanable or
else they will b undone by subsequent city aurrcils.
Public arnrnent letters See a endix far ca ies
Twa members of the public submitted letters to the community cevelopment
Department stating their views about agriculture conservation. The Saruwatari Family
stated that churches, schools, and hauling developments are not compatible uses
adjacent to farmlands, buffer zones with deed restrictions should be created on lands
adjacent to fanning aperations# and that the pity of arroyo Grande should stand behind
its Right to Faun Grdinance.
Illlr. Gtis Page of Arroyo Grande grate two letters stating the power of perpetuity
associated with conservation easements. lVlr. Page states, "conservation easement~s~
wipes out any future change in the passible use ~f that land through changes in culture,
changes in people's needs, or even dynamic natural changes in the land itself,' llllr,
Page suggests that if conservation easements are employed aver his strenuous
objections, realistic time periods of ~ g to ~4 years should be used.
~g
Agenda Item 11.a.
Page 27
In addi#ior~, #I~e am~nunity Developn~en# Depark~rent reoeived a fetter from a fir, fVick
Alter regarding the Jung ~ 2~~ drab repor#, ugges#ing c~arif~oation and rrrection
ar~d recommending ~efernce to the general Plan's ~ronomi~ ~leme~t - ~~3 iic
Y
statement which spa#e, Encourage and uppo the retention and x ar~i~n of
. ~ ~
gncu~ture ~us~ness act~v~#Nes. Nlr, Alter also sug ested that the i deveio an
. ~ tY ~
education ar~d outreach program a~rned at heightening .u~lic aarer~ess of the coos-
. p.
benefrt ~o~ gnou~ture conservat~on~
1
Agenda Item 11.a.
Page 28
lv RawTl~ Al~l~ cHANE
Historical Herita e
• • i of Arro ~ Grande began well over a century ago with
Farming in what ~ today the ty
• the lands of brush and trees. The tum of the Twentieth
the earliest settlers r~eanng
- ~ stables Gamin from the fertile soils of the Arroyo Grande
Century saw pnze winning veg g
the success of Ja anee berry fanners and Vvarld vllar !!era
valley. The late teens saw P
' Arro o Grande throe h the internment of Japanese Amencans
effects on agncultu re ~n y 9 .
r hlstoricali im octant agricultural events include the
who farmed the land. the P
` in of i~call raven crops from horse drawn wagons to
charges involved in the sh~pp g ~ +9 ,
• ad at PlsrClo Beach ~n ~ ~ 1 and f Wally by trucks
trans after the amva! of the ray r
starting in the ~ g~~'.
. ~ red and vital art of carrmunity Identity that
A r~culture ~s viewed as a t~me~hono p .
~ si nificanc. ~ Wowever, some view
e etuates the pity's social and econam~c g
p became a hista~ical reflection of
a r~cuiture !n Arr~ya Grande a endangered, soon to ,
~ Ian their future. l=eans in urbanized
e Ci s act. This can affect the uvay~ farmers p ,
p ~ version
b'ect to an ~irn ermanence syndrome where fanners perceive con
areas are u ~ p • oval
• ' nvetments and farm for the short term {instltu~te for L
Ns ~nev~table, cease longterm ~
Self Govennrnents, 2~~~.
• • strated a ricultural reservation goals through
vllh~ie the City has htstoncally derrran g p •
' ~ nerai ~ Ian olicie, zoning, and a right to farm ord~nance~ a
iang~range planning, ge p
• hvtas de icts that there have been several land use
h~toncal review of aenal p p .
' to either the direct or cumulative decline of quai~ty and
rovais that have cantr~buted •
IMP . ver recent efforts, including the
cant of Arro o Grande Agnculture~ Hoye f
q ~Y . Y , ~ ~ ~ event and
• the add~t~on of the optional Agnculturai El ~
cammMion of the GAWP study,
nt in curve s conducted for these documents}, and
the cammun~ty commitment ppare Y ~ .
. son Act contracts, are evidence of a strong commitment
voluntary part~c~pat~on ~n Ilvill~am
to sustain the pity's agncultural heritage.
Econorn~c Benefit
' the 2 a rlcultural acres of the Arroyo Grande lfalley
The GASP study est~rnated that g . .
illion of raduce. As mentioned earlier ~n this study,
gilded an et~orated 'l ~ m p
~1 acres of actn~e agnculture lands
estimated that the value of Drops grown are the ,
• total over ~~,~DO annually, The financial Impact ar~d
w~th~n the i of Arroyo Grande .
ffect.
` creased rn the local enon~y by an ecpnom~c multiplier e
power of this money ~s in
- eed to field ~ 4~g ~ b,g4D~acre in order to contribute to
Reportedly, however farmers n y
• Ilex farms sire #e tv compete with urger agr~cultura~
this ecvnom~c benefit, Erna 9g
• `ratan ible or indirect economic benefits of urban farrn~ng
operations. There are same ~ g , .
R ' ' residents uvith local! grown produce, providing tabs without
~rrclud~ng prav~d~n nearby Y
' Some urban farms document r~~re food per acre than
commute, and food security.
~ due to strata is laming {Goleta Valley urban Agricultural
larger, mare ~ndustnal farms 9 p
newsletter}.
Agenda Item 11.a.
Page 29
small Lat A riculture
` coon of the Ci contains many srr~ali parcels sunder ~
The northeast agncultural ~ tY
'that are not currentl used far active agnculture, This lack
acres th2~t feature prime salts .
be due to the fact. that smaller tat sizes and nol~-cant~uaus
of ac#ive farming may .
't difficult far la a faun e~u~pment to operate, thereby
agriculture parcels make ~ .
• ~ of scale and rofit margin, Although difficult, sl'riall iat
reducing a farmer's eonarny ~ ,
• `aerated and marketed wisely. A general rule of small lot
farming can be successful ~f p
• ize decreases the mare Intense the land must be fanned
farming is that as the parse! s , , .
rket Ines must be raven, In addition to this general
or craps that bring higher m p ~ ~ ,
armer can sell to niche markets by growing specialty craps ar
technique} small lot f
• ~ s.~Another successful technique of small tat farming ~s to
utilize arganlc grown method .
` i h and u I is low. This can be dare ~f small tat
sell praducf when demand is h g pp Y .
s earlier ar later in the growing season by utill~ing
farmers can harvest their crap
known a Meld tunnels. Lastly, owners of small lot
temporary greenhouses, also .
in becat~nin art-tirlrre f~lrmer ar leasing their land
a riculture parcels may be Interested g p ,
~ tl a and small tat farming would be
to artwtime farmers. one way to accornr~odate part m ,
p to create a cornrnunity garden
he Ci to lease rtions of small agriculture parcels
fort ty Hess of
ni arden ram would serve to increase public aware
pra9rarn. A rar~rrru ty g p
agriculture in the Cify.
• nofitable small tat farming ~s the billy to sell produce to
Another Important spet of ~ a
• ~ the Farmer's Markets that exist on the Central Coast are
retail customers. Currently, .
w sellers and have established waiting lists. Preference ar
unable to accommodate ne
ld be assi ned- to local farmers, including small lot growers.
pnanty sou g
Public Relations Cam ai ns
. ' rams in lace that help to annually celebrate local
Many cammun~les have grog p .
• the lac~ll harvest, Examples of these progm Include
a riculture and the success of
~ is tralrllbe Festival held In
r own trawbe and I~rvest Festivals, the Calif~a ~ ~y
au ~y ~ rt of these
and the ilro Garlic Festival, The continu~ition and suppo
Oxnard, California, Y
tradition of riculture in the local cor~rr~unity. It has been
rograi~s help to reinforce the 9
p ~ o le can a even further by
su ested that the City of Arroyo Grande and its pep . 9 .
g9 a eratlons of a nculture in
veto ir? ro rams that educate the public about the p g
de P 9 p 9 ~ l e nculture
e ecif cal! about the ecanomlc benefits of a healthy lacy g
general and mar ~ y
• o Grande and its citizens have several important resources to
industry. The City of Array
• ludin the sustainable agriculture Pragrarn at Cal Poly
help in these types of efforts ins g .
• ' ' rr~all Farm Pra'ect, which has afl~ices :n the City of
and the Un~vrslty of Callforri~a s 1
fan Luis Obispo.
` relations efforts include agri-taurisrn operations and
Other educational and public
• successful a n taunm operations have been started
roadside signage of craps. Many g
• ~ ' ` nd include rivals businesses in the ~ilinas galley and an
in surrounding cammun~#~e a p .
• 'sin peso Fables. One example of agncultural public relations is
assac~at~on of w~nene
iversi ro ram in which signs identifying craps are gn~en to
the . vl~ashington Mate U n ty p g , .
` `fields in an effark to educate residents and visitors of the
farmers to place in their
successful regional crops.
Agenda Item 11.a.
Page 30
Ed a Issues
Many issues have been identified in ,areas where agricultural operations and housing
meet. It is important to note that, these negative aspects ale felt by fanners end
residents alike. Issues identified by farmers include: trespassing, ~eftt vandalism, litter,
legal liability, food safety, pests, restrictions, work interferencet and waterlerosion.
conversely, issues identified by residents who live adjacent to agricultural operations
include: pesticides, pollen, dust, smoker no~set bees, fires, odors, trunks, ~~ghts, and
rodents Great Malley Center, p. ~ oy.
Edge issues throughout the County of fan Luis Obispo and specifically in the Arroyo
GrandelHalcon areas have genera#ed a handful of newspaper articles. These articles
tell of possible pesticide related medical problems. Tribune, January 15, ~oo~, The
Newtir~e, May ~002~
Newspaper reports have also illustrated the fact that edge issues may affect the type of
Drops end the methods in which they are produced. Specifically, the tribune and the
~r~es Press Recorder both reported that The Temple of the People} which owns the 30
acre strawberry field adjacent to the City of Arroyo Grande and currently farmed by
Gbayashi farms, is attempting to.identify fanners who would 1ii~e to plant different crops
The Tr'ibun~, December 2b, boo, Times Press Recorder, December ~OO~~.
Relationship Between the I~o~sing
Element and the A~~.pu[~ura!„ tud~r
The population in arroyo Grande has increased from ,2g~ in ~ 9o to ~ ,~3 today,
with fluctuating annual rates frarrr less than ~°~o since the 19~os to a rate exceeding
~ ~°l~ in the ~ gfio's. The City experienced growth of ~ 0.~°l~ during the period of ~ 990 to
~OOO. The Cif is currently updating the Housing Element of the General Plan to
address residential growth issues. Ma~iy goals of the Housing Element update and this
study are related. Bo#h efforts airn to direct infill development and better defne and
defend the City's urban boundaries to avoid sprawl and preserve open space and
agricultural IandS, The focus of the Housing Element update Includes increasing
allowable densities in infill areas and addressing regional housing needs despite Iocal
resource, service and environmental constraints. Part of the Housing Element update
consists of a housing opportunity sites inventory, which has been considered in this
study far a possible Transfer of ~eveloprnent credit ~TDG} program discussed in
sections V and 111. Both the Housing Element update and this study propose policies to
provide urban agricultural protection for rural community character preservation.
~4 {
Agenda Item 11.a.
Page 31
v AR~cU~TURAL c~l~S~RVATI~!'~ 1 PREVBN~"EON a~ URBAN coNVERIOIV
Vvhen Pro used Develo meat constitutes a anversian of Prime Farmland
~ anversian of prime farmland 'rn urban areas occurs numerous ways, Borne more
obvious than others. Land rezoned far non-agricultural use ar approved ~bd~v~~ions
are two apparent conversion processes rapidly occurring throughout alifomia. A #hird,
less apparent, practice is a recognised division of land without a rezane ar subdivision
by an issued certificate of cor~pliance. Residential development of antiquated
.subdivisions can occur in the piddle of agriculturally coned areas without public notice
or discretionary review. Lastly, conversion of farmland also happens incrementally
when non-agricultural development encroaches. in the vicinity ar adjacent to prune
farmland operations. The conversion ge~rerally occurs through a combina#ion of factors
including conflicts over inca~patible uses lir~iting agricultural production, cessation of
farming operations and irrigation, and increased land prices leading to eventual sales
and use depicting that of a rural residential district.
Historically, the pity has allowed conv~rsior~s, applying typical conditions of approval
which has led to increased pressure on remaining acreages of farnnland within the pity
See Map ~ An exar~pie of this is the approval of Tract Map ~ 7, the Il~lalnut View
subdivision project on East sherry Avenue and Branch Mifil Road. The pity requested
comments ,from other agencies during environmental review., comments from aunty's
~epartrr~ent of Agriculture included the lass of primp agricultural soil, r~on-agricultural
land use conversion pressure, and suggested mitigations, inciudir~g the provision of a
3b4 foot buffer. However the approvals did not include a buffer and it has been
demonstrated that this ac#ion has increased development pressure arr bath Branch Mill
Road area ar~d sherry AvenuelTrafl'ic Vvay agricultural parcels that were redesignated
in the 2gg1 general Plan frorr~ Agriculture.
Right to Faun Pnovi~~ons .
Section ~ .1. ~ la of the Development fade serves to implement the pity's Right to
Farm Provisions. These policies help to ensure the continuation of agricultural
operations by reducing the ~pp~rtunity for newly transplanted urban neighbors to file
nuisance complaints against farmers. The policy also serves as a reminder to thaw
who wish to move to areas adjacent to active firm operations of the inconveniences
frequently associated with modem agriculture.
Land Evaluation and Site Assessment LESA
The LEA system was developed by the U.B. ~epartrnent of Agriculture's Natural
Resources Conservation Service ~NRD~ and is used by state and local planners,
landholders, developers and goverment officials to make land use decisions regarding
tv use, ratectian ar atentii conversion of fam~land. The LESA consists of two main
R p
components: a land evaluation component used to rate sails based on their suitability of
agricultural use based on data frorrr the National Cooperative Soils Sunray, and the Site
Assessment which involves non-soil factors related to agricultural use of a site, factors
related to developrrrent pressures, and factors related to other public values of a site.
~b
Agenda Item 11.a.
Page 32
~
i°~~
o , ~
~ ? ~
o
N~ ?
~
N j
~
c~ ~ ~ i
~ ~
.-=F 1
~ ,
rn
~i
,a
y=
Agenda Item 11.a.
Page 33
LEA rating is developed to determine the suitability for Iong term agricultural
rotection. A LEA system can provide a defensible consistent method determine
~ ,
the cond~tEOns under which agricultural hand should or should not be converted to
nona ricultural uses. LEA information can also be used to identify important farmland
and far environmental analysis. The development pf a LEA system may be fac~i~#ated
ith assistance from NR end should involve the establishment of local work group.
w
~r~vironmental Review
'f nnia environmental C~uali Act G~~A re uires a envies to~conider the
The Cali o tY ~ ~ 4 9
environmental consequences of their actions before approving plans and policies or
comrr~ittin to a course of action on a project. Any impacts to agricultural land must be
g
a art of C~~A review An environmental impact report {~IR~ is the mast
p .
Coro rehensive pe of environmental document A project ray not be approved as
p tY ,
submitted if feasible alternatives or r~itigation measures are able to substantially lessen
the si nifcant environrriental effects of the project. However, even a project with
.
si nificant and unvo~dable,impacts can be approved the dec~s~on makers can find
g~
that it has an ovemd~ng public benefit. CAA ~s not truly a tool to protect agnc~ltural
resources, however the public inforrr~ation that environmental documents provide can
help alert interested parties to threats to urban agriculture.
Currently, the City uses the following criteria for the initial study to deter~nir~e impacts to
agricultural resources:
ANC USE AND PLANNiNC. Vvould the proposal:
a~ Conflict with general plan designation or ~oning~
b Conflict with applicable environmental plans or policies adopted by agencies with
jurisdiction over the project
c Affect agricultural resources or operations ~e.g,, impacts to soils or farmlands, or
}
irr~pacts from incompatible land uses?
d Disru t or divide the physical arrangement of an established community ~includir~g a
p
Iow~incorne or minority community}
Agricultural Resources -would the project
convert Prime ~armlandf unique farmland, or farmland of statewide Importance
f=armland , as shown on the maps prepared pursuantto the ~arrr~lnd Mapping and
~ ~
Monitann Program of the California Resources Agency, to non-agricultural use's
T ~ ~ ~ * . F
Conflict with ex~st~ng zoning far agr~cuitural use, or a vV~ll~arnson Act contract?
Involve other changes in the existing environment which, due to their location or nature,
could result in conversion of farmland, to non-agricultural use?
hllitigation IVlesure
Buffers
Buffers are a land use technique used to separate agricultural operations from non-
agricultural areas. They can be considered another aspect of infrastructure needed to
2fi
Agenda Item 11.a.
Page 34
make a site suitable for development. Buffers can take the form of spatial setbacks or
as physical structures of human ar natural origin.
~ . Physical
Ph sicai buffers include trees, .roads, and naturally occurring features such a
y
creeks, rivers, or hills. Installed barriers, such a fences and walls are another type
of physical buffer, The Arroyo Grande Creek serves a a very effective natural
agricultural buffer. Fences or w2~ll may not be rornpletely effective in mitigating all
a ricuiture~housing c~n#~~cts but they do work well at obstructing visual externalities
and reduce crap pilferage. ~lowever, fences and walls also bring with them issues
aver ownership and upkeep responsibilities, graffiti, aesthetics, and view sheds
~Creat Malley tenter, p. ~
. Spatial
Spatial buffers are created through ordinances and are essentially linear strips of
land between agricultural uses and fivusing. The depths of agricultural buffers vary
greatly by municipality great valley Center, ~Dg~~. The County of fan Luis
Obispo's buffers range Pram 4g0-8aa feet far vineyards, egg to 8ga feet far irrigated
orchards and ~ gg to 4gB feet far f eld crops. The buffer distance is usually
determined on a case-by-case .basis depending upon variables, such a prevailing
wind direction, type of chop, surrounding zoning, and topography. American
- Farrr~land Trust, ~ 9g~, p. ~ ~1 In fan Luis Cbispa County, one person Currently
irnplr~ent this case-by-case system and a primary criterion is past experience.
The City of Davis requires agricultural buffers of ~ feet with public uses being
discouraged in the 14~ feet closest to the agricultural operation, while the last ~
feet can used as transitional area that can support uses such as bike trails and
paths ~Arnerican Farmland Trust, ~ g9~, p~ ~ ~
organic farming can address urban cancen~ aver pesticides, but other byproducts
of fanning, such as dust and smells would continue. It is important to note that there
have been very few scientific studies that have looked at the effectiveness of buffer
distances. vVith this fact in mind, every buffer can be viewed as subjective or
generally based upon common sense and agency ~udgrnent. ~ major study by two
re acted researchers, Alvin D. okolow and Bang Varea-F~arnmond i currently
p .
underway and seeks to accornp~rsh two interrelated goals: ~ evaluate ex~st~ng cry
and county agricultural buffer policies and their irnplernentatian, and use these
findings and other data to establish a research base far developing a guidebook and
other educational materials on the design and execution of bufters.~ The completion
of this study will be of great interest to the City of Arroyo Grande and staff will
attempt to acquire a copy as soon a it is available,
Although the efficacy of spatial and physical buffers rr~ay be in question due the tact
that they attempt to salve many diverse pnab~ems such as spread of noise, dust,
smells, and chemicals~aswell a attempt to antral hur~an intrusions and pilferage,
they have a fang history of use as a tool to antral agricultural runoff into streams
~7
Agenda Item 11.a.
Page 35
and to mitigate wind driven erosior~w The Dvnnecticut diver faint or~missians of
New l~ampshire and Clermont reports that an agriculture! buffer of willows and other
live woody shrubs and tree stakes alvr~g the water's edge, native trees and shrubs in
the ~~-l5 feat zone, and a ~ feat bui~er of dense-stiff grass will trap g5 percent a#
sedi~rent, ~-~4 percent of nitrogen, and 8g percent of phosphorus before it eaters a
river Buffers far Agriculture}. This and similar date helps tq establish a precedent of
public benefit from the creation of buffers,
Maintenance is one issue that needs to be addressed regarding buffers. Far
example, open land can provide areas for pests to thrive at~d har~r adjacent
agricultural production.
3. Buffers in the pity of Arrays Grande
The ~OD~ eneraF Plan ~Ag~} requires the City to establish criteria far buffers
between agriculture land use designations and norr~agriculture land uses. Staff
analyzed the creation and enforcement of a buffer system of ~aD', g~' or egg'
around all parcels zoned ar designated in the Land Use Blerrrent as Agriculture. Due
to the fact that the wind patterns in the agricultural areas shit from the prevailing
direction, the buffers should extend an equal distance Pram the outer edges of areas
designated as Agriculture. The construction of new inhabited buildings is net
permitted within the buffer zone on non-agriculture properties. In essence, the buffer
zone defines the. minimum residential building setback on adjacent properties. In
certain cases, There there is a substantial existing physical buffer or vegetation of
~ g0 feet in width or mare on the perimeter or on the Agriculture side of a~ parcels an
additional spatial buffer need not exist.
4~ Potential number of homes within buffer zones
Using aerial photographs of the pity of Arrays Grande and a geographic inforrrration
system, it was passible to identify parcels zoned or designated Agriculture and drag
buffers of varying distances around them. This technique allowed for an accurate
estirrratiar~ of the number of houses that would fal! within buffer zones if they were
established. Bxisting houses within buffer zones would became .legally non-
conforming.The results of this analysis are presented in Table .
Table ~
Buffer Size Homes VV~thin Buffer
1 ~a Feed 95
~aa Feet ~ ~
3 Feet ~4T
Areas wtrere new development is passible in the'fareseeable future on or adjacent to
prime Agricultural lands includes:
8
Agenda Item 11.a.
Page 36
• The area between Dherry Avenue extended and Nfyrkie give designated NP -
l~leighborhood Plan on the ~aa~ general Plan Land Use illiap.
• Residential parcels north of Huasna Road and east of stagecoach.
• Three panels on sherry near Traffic ~v~ay designated PD~illlixed Use in the
~gg~ genera! Plan.
• The hillside church property adjacent to the cherryfTraf~c vllay property off
Trinity Lane.
• The Arroyo Grande High School praperty.
• qtr Patrick's athoiic church property on Fair ~aICS,
~ Agriculture zoned parse! adjacent to Arroyo Grande creek, ~~owned the church
of Jesus Christ of Latter Day faints.
• The prope~#y northeast of the residential subdivision on Branch Mili Road near
coach Road.
~ The AL~Frederick and II1~illiarn properties at the southern boarder of the pity
limits.
~litigati~n ~rdi~nances and policies
Il~itigation ordinances are a recent tec~rnique to prated farmland. The city of Davis and
Brentwood uses mitigation to require that developers permanently prated one acre of
farmland for every acre of agricultural land that is proposed for conversion. The county
of Nlontere~r is currently discussing the requirement that for every acre of agriculture
lard converted to urhan~ uses, two acres ~rould have to be permanently preserved,
generally, developers place an agricultural conservation easement ~n farrland in
another part of the city or pay an "in~lieu"fee.
In Lieu Fees
As authorized by the Map Act and cal, Gov't code section ~~gg0, in lieu fees may be
impaled a a condition far allowing a subdivision to occur Shen ~ rasor~abiy offsets the
i~rrpact of development and furthers the purposes of the general Plan. Mitigation fees
can be required for the protectEOn of one or rnore acres} of farmland of equal or greater
quality far each acre of farmland that i converted to non-farm uses ~Arnerican
Farmland Trust, ~ 99~~. It should be recognized that in Arroyo brand e, a price of a
srnaii lot have site is foe times the price of an Agricultural acre: thus an acre converted
to single family residential use can yield its o~vner ~ tunes the value of an acre
designated Agriculture. This conversion ~windfli~ can provide rnitigatton fees that can
reasonahl}~ provide funds to purchase equal or greater areas for conservation
easements to help offset areas ailov~red to convert.
9
Agenda Item 11.a.
Page 37
Transfer of Devela ~ ment Cred its
Transfer of Development Credits STD's} programs are an attern t to a orate
p P
developrent rights from a parcel and transfer them to another unrelated arcei. TDD
p
programs are ~ .generally used to ~ preserve environmentally sensitive areas from
deveioprr~ent, while still allowing the property owners to u#iti~e the development ter~tial
associated with their land. TD programs work b first identifying developrr~ent rights
"sending districts, which are in nasal of preservation The development potential in the
sending districts are reduced and property owners are given devefaprnent credits .based
upon an approved fomnuia, such a one single-family house per ten undeveloped acres.
Next, the City identifies areas to ac# as ~receiver~ sites where the deveiopr~ent credits
can be applied shove and beyond the established or approved development density.
Variations of TDC prograrns either allow for the selling of the development credits to
others or require that the owner pf the development credits rust own property in both
the sending and receiving areas.
Purchase of Agricultural Conserva#ion ~dsements
The purchase of agricultural conservation easements, in simple terms, i a purchase of
the development rights of a property by a private individual, a Wort-profit group, or a
govero~nent agency. then purchased, the developrent rights tv a property are
separated from the land itself. The properly owner still holds possession of the land, but
its use i limited b a binding contract. An independent appraiser establishes the value
of the development rights to a property. Although agricultural conservation easements
may be limited to terms of ~ and o years, most preservation organizations and
agencies seek permanent easements to accomplish long-range community goals.
ll~any agriculturaEly based communities are pursuing easement acquisition because it is
designed to achieve continued active production on agricultural property the cities of
Madera artd ~falf Moan Bay are examples. Individual tailoring of agriculture
conservation easements can address other oammunity-ride impact issues such a
flood control in addition to preserving farming opportunity without placing unfair burdens
on property owners. Crgani~ations that can assist in facilitating, securing or holding
agricultural easements or funding other aspects of agricultural protection including
grants to facilitate buffers, and preliminary actions like funding appraisals, in~ude the
California Coastal Conservancy, American ~a~mind Trust, and the fan Luis Coastal
Resource Conservation District. The formation of a local land trust i n important
consideration in any easement program. The City of l-iverrr~ore and the City of
Brentwood have farmed their awn land trusts and act a a third-party benei~ciary for
easements. The GASP study's Action Phan implementation measure discussed this
possibility in depth. Recent conversations with the staff of the Land Conservancy of
fan Luis Obispo indicate a goad potential to form a local chapter for agricultural issues
in the Arroyo Grande Malley. This cauld achieve fatal antral to deal with a wide range
of agricultural issues vwrithout the shoufderir~g the entire financial burden and
irnpler~r~entation.
Cenerai funding mechanisms for acquiring agricultural easements include:
30
Agenda Item 11.a.
Page 38
• Farmland Protection Program, created by the ~ 9gfi Farm Bill, provides matchin
• . 4
grants from the al~forn~a Department of Conservation Farmland Program of~~o
°lo of final negotiated sales price of conservation easements. Funding may also
be available ,for the temporary purchase of agricultural lands pending placement
of a conservation ~ eaerr~ent, restoration and ir~provement of lend already under
easement, end agricultural land conservation planning end policy projects.
• .llllltigetlon fees,
• lVlello Roos district - a special district created under the state's lVlello~Roos
om~munity Facilities Act of ~9~~ to collect an annual tax. This finance
mechanism can be utilized for open spaice and farmland acquisition ~Solano . .
County example 'r ~ x-$33 per undeveloped acre and 8o per unit after
construction.} The formation of a district to enable this type of tax requires a two-
third vote of registered voters, which is .dcult but i~ay be achievable with
public outreach,
• Special Sales tax approval ~ such a in Sonoma bounty where auarter-cent
sales tax increase to fund their land conservation district was approved. A local
sales tax increase requires both State enabling legislation and a vote of the
public.
• Assessments levied on real proper#y to finance improvement and maintenance.
Probably not feasible for the City since Prop ~ 8~
General bond measure
Agricultural conservation easei~ents~ can also be used to mitigate potential agricultural
conversions, Several counties and a couple of cities Davis and Brentwood} 1n~plernent
mitigation ordinances that require additional agricultural lands to be secured with a
permanent easement to offset loss of agriculture due to conversion. However, it should
be noted that State funds are oat available for purchasing easements required for
mitigation.
llvilliarr~son Act
The California Land onserv~ition Act of ~ 9--comrnor~ly refe~ed to es the llliamsan
Act--enables local gvver~rnents to enter into contracts with private landowners for the
purpose of resti~cting specific parcels of land to agricultural or related open space use,
In return, landowners receive property tax assessments, which are much Iower than
normal because they are based upon farming and open space uses as opposed to ful#
market value. Local goverrirne~nts receive an annual subvention of forgone property tax
revenues from the State via the open Space Subvention Act of ~ g7~ . over one-half of
the GASP study area hover ~ ,000 acres} i currency enrolled in the llvilliamson Act.
However, due to parcel size requirerner~ts ~mir~irnum 'I ~ acres}, only seven parcels are
eligible within the City's lir~rits knot counting the two that are in contracts nowt.
3~
Agenda Item ,11.a.
Page 39
P~tentiai conversions in the City ~f Arroyo Gra~r~de
Inoo~s~tenc~es between the enera~ flan Land Use flap and the ~on~ng flap
There are five parcels of land coned as Agriculture on the 1~9~ honing Map that hays
been designated for urban uses on the Land Use Map oi~ the 0~~ General Plan
Update. The tollo?~ing map and table identifies the properties end various attributes.
3~
Agenda Item 11.a.
Page 40
z
C~ .C
~ ~
~ r
~ 8>~
'1 8
s
g~~
r ~ ~
N
o
~ ~
? , ~
gg N . ~
o ~
T ~ o
~ _~~1
Benda Item 11.a.
Page 41
.w ~ ~
~ ~ ~
~ ~
V
~ ~ ~ . ~
G ~ ~ ~ ~ Z~ _
~ ~
~ ~ ~
~ ~ ~
~ ~ ~ ~ ~ ~
~ N ~ ~ D C ~ G Q ~
02 ~ ~ ~Wv~~ ~ Z 2~
_C
C
~ ~ c ~
~ ~
_ ~
_ ~
~ ~ c ~ ~
~ ~ ~ ~ ~ ~c E
~ ~U~ ~4~ ~
C
~
~ ~ ~
~
~ `rte; C
~ ~ ~ ' ~
~
~ ~
~ ~
~ ~
~ v ~ ~ ~
~ ~ ~ ~
~ ~ ~
~ , ~ ~ 1A
~ ~ ~ to iA ~ C ~ ~ ~
~ O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
~ ~
~ ~ ~
~ ~ ~ ~ ~ ~
~ ~ ~ ~ ~ ~ ~
~ ~ ~ ~ ~ ~
~ ~~~~0 ~ ~ ~
~ ~ L~~~4~~I- ~ ~
Agenda Item 11.a.
Page 42
Recor~s~der enerai Plan gasifications
As previously noted, there were five parcels involving four property owners# that were
reclassified from Agriculture to non-agricultural designations as part of the enera~
Plan U ate to the 199 eneraf Plan. one of these, the Hayes property, is a hillside
arcel not containing prime soils or used agriculturally. ~`he zoning map of the
P
~eveloprnent bode has not yet been amended for those properties nor have any
eci~c conversion project applications bean accepted for pares! specific rezoning and
p
dsvelo rnent {but one PUD and ~'ract Map appl~ca#ion was suspended by Crd~nancs
lllurnber 53~~.
Ado led general Plan Policy ~g ~ ~4 and the referenced provisions of ECA Section
R .
~GDG4.7 regarding Yhreshold of ~gn~ficance intend that any conversions of pnme
farmland soils shall require preparation of an Environmental Impact Report to address
this significant adverse environmental impact.
Before are individual ar parcel specific conversion proposal provides an ElR addressing
ire acts and altennalives, however, the City may initials reconsideration of same or all of
p . .
these reclassifications, ~~ne of the reclassification parcels involves a non~pnme hillside
residential roperty, while another has been an institutional non-agricultural use for
p
more than 0 years. In any event, ~t should be understood that adopted general Plan
policy would require EIR preparation, findings, and overriding considerations to rezone
and develop prime farmland soils. It would be more appropriate to reconsider a sneral
Plan reclassifcation if the pity is opposed to such rezoning and conversions.
3a
Agenda Item 11.a.
Page 43
vl "I~IDE YHE Bid" A1~TERI~A"CivE
Below are alterr~atnres presented for Planning ammission and public discussion.
These alternatives range from regulatory to voluntary and car~binations thereof to effect
agricultural conservation, Bach of the following alternative recor~rnendatian includes a
corresponding policy from the ~~4~ ene~al Plan andlor a recommended
irn lernentat~on rneasure from the GASP study.
p
A, ~anin ordinance Revisions
Rezoning of Agr~culturarl~ Zoned Lands
Tv irnplement general Plan Policy Ag -14 and , include additional findings specific
to approving rezoning applications in Agriculture districts in ~evelopr~ent bode section
~ ~ fi.a40 ~A~?endments to zoning districts and other provisions, which are derived in
art from the IlVilliamsan Act ~Cavemment fade section a1 ~g7~:
p
a. That the uneconomic nature of the agricultural use is ~ primarily attributable to
circumstances beyond the antra! of the landowner and the ity~ and there are
no other reasonable or comparable agricultural use to which the land maybe put,
either individually or in combination with other adjacent p~irne farmland parcels;
and
b, The ra ~oed than a in gone r revision to this title} is far a parcel, ar far a
pp g ~
contiguous set of parcels, that is legally nonconforming as to rr~inimur~ area in
the Agriculture district; and
c. The proposed change in gone for revision to this title} will not result inr intensify,
ar contribute to discontiguous patterns of urban development; and
d. The ra osed than a in zone .or revision to this title will not likely result in the
pp g ~ ~
removal of adjacent lands from agricultural use; and
e. The proposed change in zone for revision to this titled is far an alternative use
which i oansistent with the applicable provisions ofthe city general plan; and
f. That there i na proximate land, which is bath available and suitable for the use
to which it is proposed the prime farmland be puts or, that development of the
prime farmland would provide mare contiguous patterns of urban development
than development of pra~cimate non=prime farrrilnd.
ubdivislon in A~ticulture districts
To implement General Plan Policy A~~~, revise Uevelapment bode ectian ~ ~.~4.~~~
~~and ~i~isivns} to inr~ude the following finding necessary far proposals to subdivide
prime farmland and~or Eands ad~aining an Agriculture district:
3~
Agenda Item 11.a.
Page 44
• Fora ro Deed subdivision that includes, or is adjacent ta, prime farmland, or is
~ . . ~ .
within an A ncuiture district; that the desig~r of the tentat~vo map or proposed
~ .
im rvvernents ravide n adequate buffer a determined through envrronmentai
i • . . . .
review under EC~A to r~~n~~~xe potential conflicts between agricultural and
nona r~cuitural land uses and to protect the public health, safety, and welfare.
stile Develo rrient on A riou~turall ~orred Parcels
3. Allowed Inoor~p p 9 Y
To im lenient general Plan Polioy Ag and Aga-~, revise De~reloprr~ent Code section
p
~~.~8.03~-A hla. B~ t~ include: Ranch and Farm dwellings appurtenant to a pr~ncrpal
a ricuitura! use as ermined. ingie Farnily detached dwellings arr oar~~orr~fn~ lafs a
g P
ermined. din le Famil detached dwellings on #egal r~onnfarrning lots as perrnined
p 9 Y
subject to a Conditional lase Pem~it pursuant to section ~ . ~ fi.gQ. Development bode
section ~.~B.O~g-D.~ requires the approving body to make the finding that the
ro Deed use would not impair the iritegr~ty and character of the district inn which it i to
pp
be established or lacated.~
' ' ' to address otential residential develo meet of
The purpose of this revision would be p ~
anti uated subd~rrisions and discourage additional single family dv~rellirigs on prime
~ .
farmland that are not con~unchan with an agricultural operation, which ~s otherwise
ided far in the Rural Residential and Residential suburban districts,
prov
4. Alrcwed Uses in A riculturl Districts
To irn lenient erierai Plan Paiicy Ag 1-~ Ag-4, and Ag4-4 revise Development
p ,
Code Table ~ G,~.aa-A Na. . ~omrrierc~al Uses} to include the fallo~ng subject to
Donditional Use Permits: reenhouses with pec'ic performance Maria}, wholesale
9
nurseries nest ranches, and large animal vetei~nary offices; and Flo. ~PubliclCuas~-
,g
Public uses include ublic facilities when required by heaith, safety, or p~iblNC welfare,
~ p
and cornturii#y gardens as conditionally permined.
Agenda Item 11.a.
Page 45
Agricultural bite Development standards
. im lament General Plan ~ Policy Aga-~ 0, revise Development Code
R
Table ~fi.~8.a4a~A to Nnclude a fUfax~murn Building ate Area of 1 acre,
' r I Plan Palic A o revise Development Code
b, To implement Gene a ~ 9 . ,
section 1 ~.~.04gB. to include the fallowing language: Accessary buildings
and structures shfl be sited to minimize disruption of agricultural
o erations, avoid conversions of productive farmland and take maximum
advantage of existing infrastructure.
c. To irn lernent General Plan Policy Age-~ revise Development Cade
P .
Bectianl .~S,a~a~ to include a 1V1ax~mun~ Density of ~ dwelling units for
arcefs a ual or larger than ~a acres and ~ dwelling per parse! for parcels
p ~
less than ~a acres.
d. To irn lament General Plan Policy Age, revise Develaprn~nt bode
~ .
section 1 .~8.g40B to indicate a ~ rnin~murn parcel size of ~0 acres. The
40~ General Plan calls far ~a acre parcel sizes on property with nan-
irri ated, non-aultiva#ed nd~ar non-prime sails, hav~rever, there are nv
~
A ricuftural zoned properties with Class l or if sail aver 4a acres w~th~n the
g
City.}
B. fUliti ativn Grdinance
~ . To im lernent and amend General Plan Pallcy A1-~, introduce a prune farmland
r ~ ~ ~
conversion rniti at~an ordnance that prav~des far permanent canservat~on easements
on rime farmland at a ratio of at least 2 to ~ ~~aa1 General Plan Update ~nd~cates ~ to
u
~ with re and to acrea a of land converted frarn the capab~f~ty for agncuftural use w~th~n
~ ~
the and at least ~ to ~ with regard to acreage of land converted from the capab~f~ty
~Y
fora ricuftural use outside the City but within the City's Area of ~nv~ranrnental Concern.
g .
A endi F includes an example ordinance. A General Plan Amendnnent to pvf~~ A~ -4
Pp
would be considered concurrent with this Development Cade Amendment to assure that
the mitigation ratios are consistent.
~xampie Mitigation
for ~ahdivision and Rezanir~g of Agric~itural Land
zoned amel of ~ g acres with rune farmland sail -designated Ag an
Ag p p
the General Plan.
owner wants to rezone residential and subdivide into single-farriil~ lots
~4.~ dwelling units~acre}.
EI>~ re ared pursuant to A would determine impact of conversion
pp
and identify passable alternatives and mitigation measures.
8
Agenda Item 11.a.
Page 46
1i~~g~afion would require 0 acres of prime famnland within city lirr~it to he
eranentiy preserved with an agricultural conservation easerr~ent or ~
p
acres of pnrne soil to be permanently preserved with a agricultural
conservation easement outside the City limits within the Area of
Environrnental ancem. Mitigation includes fees from the owner to aver
the casts of a sisals and casts associated with securing the easements
pp
approx, ,aa0 appraisal, eppnax. 5,40 easerent fee to be used for
monitoring, approx, g0~-8,a~~ easement drag-up feed,
~ ire ~~eu fee would require the owner give the c'~y a fee that would enable
tine purchase of a conservation easement of ~4 acres of prime farmland
with a minimum arnount based on a previous purchase within the city and
fees to aver ail appraisals and fees associated with determination of
easement value,
if it can be adequately demonstrated that alternatives andlar mitigation
can be accomplished and one required findings and overriding
cansideradon just'~ied then the project could be approved.
. ~ufl~ers
ardinance fir new or re-development
To im lament general Plan Polio ~ b-~, introduce a buffer ardinance applicable to all
p Y9
new devela meat or redevelopmept that is adjacent to Agricultural property fan
p .
exam le ordnance ~s in Appendix The proposed rn~n~mum buffer is ~ as feet,
P
includin a ~4 foot landscaped strip as described ~n the ~~g1 general Plan. Greater
9 .
bufl~ers rna also be required upon the recaarmendat~an of the fan ~.u~s county
Y
A ricultural ~omrniianer. anversely, the ordnance allows for a partfal exception ~ it
can be demonstrated that an adequate physical buffer such a Arroyo Grande creek
e~cists between the a ricultural use and the non-agricultural use if approved by the
~ ,
coon A ricultural comrnissior~er. Although vaned buffer distances were analyzed, 'I gg
I ~ ~ ~ ,
feet a ears adequate a a ~n~~m distance to protect bath agricultural operations
pp
and the carrrmu Wiry,
~onin~ aver~ay for Buffers ,
establish a zonin overly irn cementing a buffer around all Agriculture property as
g y p
depicted on the rnap in
D. Transfer of Develo rnent credit ardinance
To im lernent general Plan -Policy A1-4 and cAP Action Plan Alternative
i + . •
introduce a Transfer of Development credit Grd~nance to achieve agncultural
rotection, incentive to property owners and mechanism to direct growth to
p
9
Agenda Item 11.a.
Page 47
appropriate areas. Appendix ~ contains an example ordinance language. it wau~d be
beneficial if theaunty would also adapt the ordinance. Additionally, the fallowing
actions shauid be tmpiernented in ~onjunctian with ordinance adaptior~ these actions
are more thoroughly discussed in the CAMP study:
• Develop a joint powers agreement or pegs-though agree~n~nt pith the bounty.
• Designate appropriate receiving situ in the Hauling Element ~Jpdate study.
• continue consultation with the aunty Assessor's office.
• create a loco! chapter of the Land Danservancy of fan Luis bispa including
policy far organization and management.
general Plan Arnendrnent to revise the land use reap
!f consideration is iven to the first "#nside the Box" alternatives, in order to maintain
consistency, it v~rauld be advantages to reconsider the general Plan designation of the
four pro ernes involving prir~e farmland soils that are currently zoned Agriculture see
map ~ and Table
F. A~ncultural anervatlor~ Easement Pno~rn
To irr~plement general Plan Policy ~ ~ AI~a. ~ ~ , EDP, ~ and GASP Action Plan
Alternative create an Agr~cuitural Danservatian Easement Program ~AEP~ to
address the predominant parcels within the pity that do not meet rr~inimum criteria and
are not ell ibis for UVilliarnsan. Act contracts. The program shauid provide far ~linleed~
g F ,
easements to create larger areas far pratec~an and agricultural operations,
components of the program should include:
• A E far fundin from the Dalifamia coastal Conservancy ar the Daiifomia~
pp Y 9
onservatian Department to set up the AEP and develop a rnadel agricultural
conservation easement, determine funding mechanisms including rrritigation
funds and special taxes ar assessements: and determine if there is a benefit far
easements limited to ~ o, ~o ar D years.
• Develop an Arroyo Grande chapter of the Land conservancy of fan Luis ~bispa
bounty or partner with the Resource onervatian District as per Division 9 of
the Public Resources ode, including policies for organization and management.
• Develop an education and outreach workshop far iota! farmers to individually
meet with American Farmland Trust car~sultants tv discuss and calculate the
casts and benefits of placing agricultura! conservation easements an their sand.
' Map 13, unlike Maps ~-9, indicates the most runt location of boundary lines of the Dorfman property
that is zoned for Agr~cultufe and excludes the portion zoned HC D~.11.
4D
Agenda Item 11.a.
Page 48
• Develop a mechanism in conjunction with the County Assessor to describe tax
relief or other incentives for farmers to provide more acceptable terror and
conditions far voluntary conservation easer~ents.
. u rt Local A rlcultural Enter rise
• Allow and encourage the use of permanent and temporary greenhouses in
agricultural zones {this is included in proposed ~vning revisions in No. ~
• Create a program that provides far coaperative produce sales at a common
location. .
• Host a srnall~parcel farming workshop in conjunction with the ~Jniverity of
California rttall Farm Center and dal Poly's sustainable Ag Program.
• Allow agri-tourism and agricultural related directional ignage such as farm-stay
or winery location sign provisions. ~Vvrk with the l~aunty's Farm bureau in
exploring ways and means of implementing an agri-turiem pragram.
• develop an education and outreach ~ program aimed at belghtening pudic
awareness ofthecost-benefits of agriculture preservation.
H. Environr~ental Review - Thresholds of i~ni~cance uin tg~L~A s stun or a
similar system
w erw
General Plan A~~ requires developrnen# of thresholds of significance for EA
analysis as provided for by CEA c~idelines section ~ 5D4.7, that considers loss of
prime farmland soils as a significant adverse environrr~ental impact. ESA appendix
states that a project will normally have a significant impact on the environment if it will a}
conflict with adapted environmental plans and goals of the community where it i
located. b} convert prime agricultural land to nan-agricultural use or impair tine
agricultural productivity of prime agricultural Sand.
Point systems are orrretime used a methodology in determining agricultural suitability
and praductivity. A weighting system can be developed for use in the initial study
process and in determining thresholds of significance. The paint system would provide
for a known, near and consistent basis to identify po#entially significant impacts. if such
impacts are identified, site-specific evaluation i considered in an EIR~
v!i "oUTIDE THE ~o" AI.TERNATivE
Below are additional alternatives presented for Planning ommissian and public
discussion.
A. shared ar pity agricultural irrigation wells or other assisted water supplies
reclamation:
Agenda Item 11.a.
Page 49
~ , Allouv agricultural irrigation wells inside tl~e City to provide a more
economical water supply to smell-lot or adjacent conservation areas.
2. Assist with the development of stretegic pity wells to provide far irrigation of
particularly small lot or conservation ease rent priority areas or properties.
Consider storm vrater retention andlor sanitary sewer reclamation and reuse
by storage and distribution system development to recycle former
wastewater effluent" or prunofl~' as supplemental sources for agricultural
irrigation
4. Consider developing upstream retention and recharge basins and reservoirs
tv enhance ground and surface water supply.
B. vmprornise yr combine preservation and conversion concepts in#o several
Planned Residential Clusters ~PRCs} enabled at edges ar inf Il locations as a
means of avoiding Ag~land frogmentation yr facilitating prime Ag-land
conservation and consolidation:
~ . Create small clusters or combined PRA and conservation eaeent
utilizing current infrastructure and strategic linked conservation easements
to create bu#fers and stabilize urbanlagricultural edges.
Alloy conversions of non-prime portions of internal ar annex ~extennal non
prime portions of properties to concentrate limited urban expansions a a
"trade ofla" for prErne-land preservation agreements. For e~carnpie, Hillside
PRCs might fund conservation easements in the Arroyo Grande Valley.
ether concept examples include property development north of Lope
DrivelHuasna Road, which may assist strategic agriculture conservation
easement acquisition. Hillside annexation southeast of the pity may also be
considered. ether TDC areas linked for partial preservation or related
conservation easements include Hollywood and Ellsworth, High chooi and
~l anrpo areas.
C, peciali~ed housing or cooperative FarmlAgricultural-Residential fixed Use farm
developments:
~ , Assisted or nonprofit deveioprnent of farworker housing and service
complexes {such as day care, in or near production crop cooperative
produce sales ar processing locations. Passible locations include:
¦ branch ll~lill and Coach Road
Halcyon Road
¦ Valley Roadllos Cerro
Lopes and Hua~sna
U. Negotiated conservation and conversion agreer~ents:
Agenda Item 11.a.
Page 50
'I , Link Eimited conversions to acquisition of conservation easeEments. Far
example, D~rfn~an Planned Development versus ir~ternaE agricultural
cvEmponent,
APPENDECE
De~ir~ition
E3. AgriculturaE UV~rkhop Press Release, Notices, Organizations and Attendees
E~ub~ic C~~n~nent l~et~ers
Press reports
Exarr~ple Buffer Ordinance
l=. Example l~tiga~ion E~equiremen~ Ordinance
Example Transfer DeveEoprnent credit ordinance
H. AgricuEture Btudy eetEng l_og
I. synopsis of EVleeting pith Air PoElution ~ontro~ District
4
Agenda Item 11.a.
Page 51
,r f ~t • • • • ~ '7•r~*ti ~~1~1 r ~ ~ ~r+.* ~ y •~~~aaa •~w .rf • a.«
~-~y 1 r • ~ . ~ ~i • ~,r~ ~ ~ ~•ir~ri a 1t~ ~ 'a ' • r ~r
y iii • ~r~ 1 r,~ +1i1 • r • ~r F'• ` r ` ~ r ~ ~ r i , F1
~f11rI~ r*~~ • ~ ~ w r~ / ~ ,•F, ~ r i . ~ A 1~i~~~~ /?~,,.,~r. i~ + • r }~r~
' \ • f ~ ~ ~ ~ « y~ Y ` ~a ' ~•rf i~~ r ~ ~ (~f~` ~ i~ • ~~F ~`J. ~ f*,
{Jti~ii}.r ~4 r ~ ~ 1r ~ +1 ~~r ~i•,
i~ ~ ~ ~ j#
~ r~ ~ ~ ~ ~r~•r ri~i fit, ~ f ~i ~ ~ ~ • fry
~11 ~ ~ • + ? •r` , iii +~~•y. +ri ~ • ~ # i ~i~~ ~ti t~ • ~
~ • • ~ ¦ y iii"' • 1 + • ~ ~ ' ~ ~ - • R ~ r ~ ~ ~ ` : t
~
~ ~ ,#t ` ~ ' ' I~f a ~ ~ ~'ti 1 • Iy ~ ~ • 'y~ + ~ r ~r 11 ~ ~ ~ ~ i ~~f* ? 1= r ~ ~I +
i , . ~ • fir ~ 1 ? ~ ~ ? • * ~ ~ ~ t ~ / 'i ~ ~ 1 rl !
* i'i~ i • + •~i ~ iii * . « ~ ; ¦ ~ + ~ ~ ~ • . ~~~i` ~r F~ ~ ~r* ! i
~ # • ~ * . r ~ ~ + r Iii ¦ ~ i• ` 3'1 ~1
S ~
1F i * • .
Ii
r r • ¦ `
a '~w• w~~ • ~ ` 41~ 4 r i ~•F`i ~11~ •J i
• i + , ` LZ t
~ fir. 1' ~
F¦ I
• 'r
~ R- ~ ~ ti ~ /
f~
r ~ ~
•
~ 1
• ~ ~ s +
' i M ~ ¦
~ • ~ w
* ~ ~ • 4
~ ~ al' Argo ~and~
~ C~~y Y~
• 1
¦ 4
7 ti
+
• ~ ! '
~
~
+ a r ,r i
• ~ , # r *
!
\ #
• / ~
j', i~ •
yy •
• r
• •
~ ~1 a ~
• ;
*
~ , ~ . ~
r
~ • f • ~ ?
~ '
~ y.
• •
¦
; ~ , r..r~.rrr~7Y j~r.rr •~•ria.,a.~ + i J.~~. * V : ~ fr # f ~
ry~'? r X11 ~ 1 ~
a~.f •r ••w H• •rs f,i• .r•a'rr•. •.•r H••rf Y •w irar
• ~
4 ti~ ~ NF•w.• ~ + ~
¦ ~ • ¦ • • •
•
7 r
+ ~ J~.
~ S ~ ' i J,~rrrr r.r,..f .err * • ¦ • i +
r f i + # * i r ~ ~ •
+ + • • ~ `
~ • ~ t
• i i *F. * ~ . ~
~ _
~ j i _ , • , Il~a~ 1
r *
y • • 1 • ~
r~i.~`
~ 4 Y i ? ~ A
~ ; `~~'1 ~ ~ ~~4~ GENERAL P~.A~1 U~~A~'~
~ ~ ~ PLANNING AREA ~r~d AREA
Planning A~~a A~~
EN~I~Q~1h~El~'AL ~~Nf ~A~~~
o
r c 201 City Llm'~S ' ~ ~ "
•
• r•
o ~ r ~ ~ ~
1~ a~ h~~e In~~enCe ~~~I~, P~ap~~ed ~ ~ ~ ~
r war ~ ~'i'ti
• •~•r •
h~~~ inflU~nC4 ~~I~ L~ E~CCluded * r ' ~ . F~'`_ / o' f ~r
.w~
• ~1
~1 r ' rL~ ~~~•i~
•#/R{ r~ t
• • r ~ r • ~ ~ ~ • r • . • ~ ~ • •
Agenda Item 1.1.a.
Page 52
A~~~ND~A
Agenda Item 11.a.
Page 53
- area desi ed to se axate otentiall incom atible hand rases. far
Buffer done n gu p p ~
i exam le, agricultural uses will sometimes be buffered frvrn nearby xesidentia~ uses to
p ~ .
enable tlne tvva to peacefully. coexrst.
. e characteristics of different uses or~. activities that allow them to be
Cornpat~bty - Th
located near each other without creating conflict. Some elements that a~'ect
com atibili include: intensity of occupancy as measured by dv~relling units per acre;
p ~
edestrian or motor vehicle traffic generated; volume ol'. goods handled; and such
~ ,
envirorrtnental~ffects as nose, v~bratron, glare, arr pollution and radtatson~
.
Conditions - ~.Jnder Borne cxrcurnstances, an agency can require a project proponent to
erform certain acts or meet certain requirements as part of the agency's approval of the
P
pro} ect.
" e or sustainable use ofa renewable resource. See preservation. .
Conservat~an ~"he wrs
erslon 'xhe gone than a of a property from agricuitu~re to any other land use
Conn ~
o ~ in order to allow for the construction of~ urban in~xastructure or buildings.
categ rY
ative im act r 't'he overall cffect on-the environment or the 1~unction~ng of a city
Cumul p
from various land use prof ects that have been impleri~ented or are planned.
~evelopn~ent -
veto meat rl hts w 'fhe ability to develop a propei#y for specific uses" Also
~e p
cnt ri is can be considered the speculatrve real-estate value of a property if
developtn gh .
development occurs,
nomic nse of ro er ~ "uneconvrnic character" no other reasonable or
~co p p •
arable a 'cultural use to which the land may be put erther ~ndrvrdua~ly or rn
camp gr~ .
combination with other adjacent prime farmland parcels. , .
*nent domain ~ ~"he, racers by which public agencies acquire private property for .
mr p . .
ublic use, vrhen the owner of-Shat pmpertY ~s unw~llrng to sell.
p
' exaction is a s ecific farm of condition on a public agency's approval of a
xactron - An p .
nt ro oral. Where are ically t~vo ands of exactions required by public
developrne p p P
• dcdicatians and ~ fees. dedication typically involves the provision of a
agencies. ~ , . .
ene~t to the ublic as miti anon for the impact ofa proposed project on public facrl~tres..
b P ~ •
An exam le of one find of dedication is a condition requ~nng the applicant to dedicate
P
and erha im rove roadways, provide easements or public gxeenbelts. ,Alternatively,
~ P p p ~ , •
the a~enc ma re uirc the owner to pay fees to finance publ}c r~nprove;nents ~sornetunes
Y q ,
rcferred to as ` nnonetary exactions
R
Agenda Item 11.a.
Page 54
~ ~
1 + r t r
"ees ~ Also ~Cnan as monetary exactions, fees require a project proponent to pay certain
amounts in order to have their applications processed the fees reimburse the agency for -
the expenses of processing the app~icat~an}. fees al~~ nay be assessed to help r~tiga~e
the impact of a proposed development on the community for example, school facilities
fees to help expand the schools to assure they have enough Capacity far the demand
Created b anew housing d~velopment~t State lav5r closel re fates the ado tion le
Y Y .p
collection and challenge to development fees unposed by a aocal public agency.' ~t
applies to bath foes imposed on a bread class of projects hy. legislation ofgeneral
a livability and fees imposed on a project~speCif
is basis.
pP
~'itiding - ~ determination or conclusion based an the evx~ence presented to the' public
hearing body, such as the planning cornissian, ~n support of its decision. findings
e~cplain and justify the agency's decision to the public and to the courts.
litlgatiou ~easu~res - the context of the California environmental duality A,ct~ .
easure tlla~ xxavdify ~r0~ ect t0 ~eduCe aI e~llnlnate a SlgnlflCant environmental impact.
laratvriurn ~ Usually a freeze on new de~relopment pending the Completion- and
adoption of certain planning and zoning ordinance requirements for example, general
plan, coning ordinance amendment, sewer line installations or growth anagc~nent
prora~m.~ voters have also approved rnorat~ria, for example when schools and other
public facilities have,heen overwhelmed by rapid growth.
permitted ~]se use by right that is specifically authorised ~ in a particular ~onirig .
district. antrast with Conditional uses that are authorised onl~r if certain xequirernents
are net and aver review and approval by the planning commission.
police ~o~~rer -The legal basis for planning and land use regulation is the 'police poker"
of the City to protect the public's health, safely and welfare. The alifornaia o~astitution
gives Cities mad Counties the power to make and enforce all ilocal police, sanitary and
other ordinances and regulations not in conflict with general laws.
preservation ~ an~plete protection of a unique or nay-xene~vable ~ resource, fee
Conservation.
r
~e~oa~e - a landowner proposes a use that is not allowed in a gone, then a change of ,
gone must be ob#ained.
p ra~vl ~xspersed, irresponsible deveiopn~ent outside a~" Compact urban and village . ,
Centers along highways and in rural Countryside that destroys green space, increases
tragic and air pollution, and negatively impacts the ability to provide public services.
uhdivision -The division of land, lot, bract, or parcel into o or more lots, parcels,
plats, or sites, or other divisions of land l"ar the purpose ~ of sale, lease, offer, ar
developrr~ent. -
r •
. Agenda Item 11.a.
Page 55
. • • land for the purpose of sale,
~ subdiv~ron ~s any d~v~sxar~ of
~ubd~v~s~an Il~ap Act ~ aliforoaa ubd~v~s~on Nlap Act,
div~sians are governed by e
lease or #'inar~c~ng. dub the local agency ar~d a
• urres ~ tentative map approved .
Generally, a suhd~v~sian red ` pled with the county recorder.
uall~ied survey of the laud) ,
Final map abased on the ~ ~ t of the subdxvrs~an, mangy
late and oontrol the design and r~nprvvemen .
Local agencies reu ~e a enc 's re~u~reents far
• ado red ordinances spee~fy~ng ~ Y
1oca~ agene~es have P . .
subdivisions,
e law involving the questzor~ of
• ost content~au~ areas of land us
~akrng - one of the the law of takers
• a~tron cvnst~tutes a regulatory t~
what type of publLC agency * ..nor shall private prapertY
Amendment of the J.S. Canst~tut~an
derives ~rorn the F inn I deed, a taking occurs
is use without Gust compensation. + p y a
be taken far publ d ubllc ro ects also refcrrcd t
ether condemns propcrtY to burl p ~ J
when a public agency a es ro ey. ~'hc Fangs Clause
• or h rally oceupres or dam g p p
as eminent domains F - Y e ublic a envy pay pmp~
• • ~ ivities' ~t merely requires that th p ~
does not prablt #hese act
ers Must compensation,"
awn ~
fuse has been esta~~ished for
a a hoc areas where a specific type o
~o~ae - ~or~e are a Sr' p ent. 't'he a of use wtth~n a gone
. , as well a future developrn , tYP -
ex~tan b~uld~ngs and land Quern sees and
~ ~s run re lt~ons. These reu~atra ~
.
overned by that zone s xo ~
~s g that can exists an a propcrty. an~ng
in s the nurnbcr of dwelling uxuts
shapes of burld , as tree looting or cox parking.
• ern other act~v~tles as well, such p .
regulations may gov, -
-
Agenda Item 11.a.
Page 56
APPENDIX B
AGRICULTURAL WORKSHOP
PRESS .RELEASE
NOTICES
~RGANiZAT[ONS
ATTENDEES
Agenda Item 11.a.
Page 57
PRESS RELEASE
ISSUE DATE: IMMEDIATE RELEASE
CITY OF ARRQYO GRANDE
AGRICULTURE 1N4RKSHOP
yip; The Community Development Depar#me~t of the City of Arroyo Grande
• invites you to participate in an informal workshop in an effort to better
understand development pressures on AROyo Grande's agricultural
resources.
.
WHAT: In#ormation .and ideas gathered will be incorporated into a report
addressing policy recommendations, alternatives, and incentives for the
conservation of prirrie agricultural resources in Arroyo Grande. The final
version of this repor~the Ci e Counc I on July 22P2003n9 ~mmission on
June 17~ 2003 and to ty
if you are unable #o a~tend~ written comments will be glad{y accepted at
the Community Development Department or via e-mail at
tmcclishCa7arrovo4rande.o
In addition,. a representative of tt~e American Farmland Trust Wi~~rotect on
information about available and- emerging agriculture p _
techniques.
WHERE
& 1~VHEN: This workshop will be held on May 28, 2003 be#ween the hours of 6:00
aid 8:00 p.m. at the City Council Chambers, 2'i 5 Eas# 6ra~ch Stree#,
Arroyo Grande.
In an effort to better facilitate the workshop, please ~ R.S.V.P. by May 26. _ _
2003. to the Community Development Department at (805) 473-5420•
For further information contact:
Teresa McCl~sh .
Community Development Department
{805}'473-5420 .
KEL HE ERNON, ACTING
COMIIJIUNITY DEVELOPMENT DIRECTOR
- ~ DATE: '/-3 Q
APPROVED:
STEVEN ADAMS, CITY MANAGER
. Agenda Item 11.a.
Page 58
.
~ ~r~
~ CITY ~ ~ AR~aYa ~AiV D E
*~r #o, ~t~~ ~ P~,.A[~N~~ C:~11~IlON ~1TY ~L~NCIL~
NaTI~ 1~UBL~C HARIhi
aTI~ I H~~~BY II~~I~ that the Planning vmrnisian and the City .aur~cii of the
. ~ oaf Argo o Grande ~riil hold Public earing ~n the fiollo~rrng pro~ec#:
tY
'H~: lty aAryo Grande
1l~AT: Agricultural Conservation staff Pra~ect 0-~04
INH~~B; City of Arroyo Grande
~Y; . `the Planning commission gill revte~r ~ final verien ~of a report addressing
. aiicy recommendations, alternatives, ~ and. incentives for the conservation
P
of prime agricultural resources in Arroyo Grande
1~H~~l: PLANNIf~ ~1~llll~hl
P~~IAt, METING .
Arroyo Grande City council Ghar~ber
~ ~ Branch greet
Arroyo Grande, alifornia~ 0340
C[TY COUNCIL
Tu~~A~,.~u~.~2, zoo P.lII~~
Arra o Grande Council Char~bers
~Y
Breech treef
rra a Grande, Gafil'ornia 94~0~ .
Y
r f
Any person a#feo#ed or concerned by this application may submit ~ri~#ten cornrnents to the
C~mi~unlty ~eveloprr:en# Cepartrnent at ~~4 . Branch Btreet, Arroyo Grande, aiifornia,
during norma~i business hours {8:00 A.llll. to x:04 P.Nl,~ before the Planning Commission i .
hearin or a ear and oe heard in support of or opposition to the project ar~d the
g~ pP
environmental impacts atthe time ofhearing.
If you challenge n item in court, .you maybe lirr~i#ed to raising only those issues you or
sor~eorre else iRaised at the public hearing `described in ~ this notice, or in written
correspondence delivered the Planning Gomrn~sion a#, or prior tat the pubEic heanr~.
Agenda Item 11.a.
Page 59
. Paul A[[en
San Luis O~ispa County
illir. Jahn Warrick
ulture ~ Air Pollution ontrox ~istriot ,
Department of Agr~c
'errs I~Va Suite A S4S [~oberto Court
X155 ~ Yr
' CA 9~~1 San Luis ~h~spa, CA 95~4~~
San Luis ~h~spo,
orrel Marks Jae[ Crag
• •
' al l~vater C~uality Control San Luis Gb~spa County .
CA i~eg ion
• Air Pollution Control ~isr~ct -
entral Coast Beg~on
' a Place Suite ~ 333 Roberta Court
895 Aerov~st
' 95~~~ San Luis ~~isp.a, CA+S4~1
San Luis Cb~~o, CA . .
. Beikna ll~lelissa Guise .
Rayrnand ~ ~p
on~rvar~c San Luis ~haspo County
~'he Land C Y
. t Air Poilutian Cantro[ District
San Luis Ghispo Coup y
S4SS Roberto Court
P,G~ Sox ~ ~
• 4~B San Luis ~h~spo; CA 9341
San Luis Gb~spo, CA 98 .
• ~ Jackie rab~, executive director
Sah Hill Bureau
San Luis ~b~spo County l~arrn
~'he Land Conser randy .
• ~ ' un X51 ~'ar~k ~arrr~ Raad
San l,u~s Cb~spo Co y
San Luis ~h~po, CA 9S~4C1
P.C. Box ~
San Lu1s C~~spv, CA 9B~4~B ~ -
Sarah ~lcoxan~
• San Luis ~bispa County
Ella Honeycutt, Director
' rce Environmental Health Department
Coastal Ban Luse Resou
` riot P.~. Box 1489 .
Corxervat~on ~~t .
San Luis ~bxspo, CA 984
~5 i~a~n Street, Suite B~~ ~ .
Morro Say, 9844
Coordinator 1lVarren Hoag, AICP
llllelcalrn {~Ev~rerr, .
• Planning ~ Budding
Coastal San Luis Resaurce
• County Gavernment Center
Conservat~on D~str~ct .
• ~ San Luis G~~po,~ CA S4D8
545 lllla~n Street, Suite B ~ -
{~orro Bay, CA 844
`~i~nothy Du~~ ~ ~ -
The Coastal Conservancy
~5~ Broaduvay ~ Poor .
Oakland CA 9~~~~~SS~
Agenda Item 11.a.
Page 60
AGRICULTURAL WORKSHOP
MAY 28, 2003
Voluntary Sian !n Sheet
(Please Print)
M 'D ~S a
`806 ~Qd~w~-~ 2
~l G ~
5~
gay S , I~- /
E 0 ~SI XF`~"G ~esr YS9'-2 7
2 L C e 'fY~ CIS(-32~E
S 6~ ~C
Zoe pfd'/- 3s~6
~ 3S~f ~e.~Cb~. on~ ~~~Y~E~ln2
~,,,c~a " ~ ~ 7Y~19)
~aI ~~'F 2~jSL-.C~.•,fi~~~ ~`~lJ' 3L4i-
~ xv ssa~
ei 2l2 l~ `~~`~-mss
sTS~~,J ~-y~P~s
Z3
. ~ Agenda Item 11.a.
Page 61
r
-
~~~~~~ur ~~~r~~~ -
. - Agenda Item 11.a.
Page 62
~
x ,
~ 1 V V ~ rV41.
~'I ~ ~~un~ ~.8n8
CIS q~R~Y~ Arroyo rar~de, A ~34Za
~IUl~i OI;V~t.~P~N~' ~~P~.
May ~aa
Teresa llllcCElsh, Associate Planner
~omr~un~ty ~evelopr~ent ~ep~
pity of Arroyo rand
. eservin ~rro o :rande' arioulturai resources. .
ire, ideas for the future of ~r
ei ~ we will not ire able to attend your worksha~ due to ether
Unfortunat y~
but w~ 1Nanted tQ contribute Our ideas t0 you workshop.
co~nrn~tmnt,
for Arra v Grande pity to protect agriculture:
The following ark important way Y
and housln developments are not cornpati~le elements
h~rches~ schools,
• rcial farrnln o the city should not~allawthenn on lends
ad~aent tv corn~ne
• ' uiture. it ~s a common practice fer a church to incorporate a
adjacent to r~o
used on a da~i basis, therefore churches s~ouid be in the
school that is Y
schools. The is+~e pesticides usage becomes a real
carne category as
~ churc~es, s~iho~~s, and housing developrrrent.
pro
bu~idln or d~vllon of hands ad~aentt~ n agricultural
In any type of
• ratios to reserve or create buffer zones. Those buffer
operat1on, It i 1 rn pe p
d ~ t~ v s hoed on the properties in order to be
pones must have des ~ ~
was nat done In the case of the proper~s adjacent to
d~v~ded at ail, as It
srna~ier acres ~ ivts or~naily had density overr~der but , .
greenwood. Those
• the resent landowners frarn ~ttempt~n to subdivide
that ~n no way restricts p , .
e su aced to be .restricted f earn f
u ether d~v~sion. It es the
properties that wee pp
• !l to see that the creation oi~ smaller acreage properties i~ke
.city s responsibi ty
• greenwood are restricted ~y ~ if d~vlion i allowed,
the ones ~ad~acent to
• i restrict since each rre~r,councll can~change tt?e Bonin
2on~ngdoes not real Y
` rnvent that which was not intended to he circurr~ver~ted.
to ct rcu
Agenda Item 11.a.
Page 63
'
. 3. The cnjr shouEd sand behind the r1g~t to farm provisions already Invoked, "
and too often tgriored by successive caunclls until the commur~lfy has had to
remind tine city of its desire to preserve agriculture in Arroyo Grande.
Sincerely..
Leroy Sartawatari. .
Lorene Saruwatari
Adam Saruwatari ~ .
NAY .2 7 2003
Cl11f OF ARRUYO GRANQ~ ' ~ .
COMMUNiT1f DElIELOPMENT D~P7.~
Agenda Item 11.a.
Page 64
l'~~g8
onaervati~~r ~aeme~ts Yea, lt'~ true. The oontruotion
The Ahsurdlt~ ~f .
~ conaervativ~n eaaements aburdl
` 's ci --Arco o Grande wishes to impose on the farmers anservation
is this what the ty y d tape awe all future aantral
rnents CE take away a rights of all future owners of the lan , Y
Ease ~ ~ and b the coon ,take away
land b the cornmun'tty, take away ail future control of the 1 y tY
ofthe Y ervation easement w~ es out arty future change
all future control of the land by the state. The cans p
• e of that Iand through changes in culture, changes rn people s needs, or even
to the passible us .
d tic natural changes in the land itself.
y
orn state to state. Eut in general mast states have simply elected to use
The rules far ~Es vary the ~ationa~
gnservatlan Easement Acts, a document that was created by
the Unify SEA was reviewed by several Iaw
inference of Commissioners an Uniform Stag Laws. U
eivcd a final stem of approval from the U.S.DepartrrYent of lntenor. .
schools and rec P
e Iands that are encumbered by a E must forever
In art, the Cl~ states that all owners of th the
' P • tual r*orervation ractices to the satisfaction of the folder of
cogtsnue tp execute the cantrac P
~ ~ ~ 's the absurdi . In California law, the ward used is ~perpetu~ty".
C~. The ward forever ~ tY
. e mind to as the enormity ofthe concept of perpetuity. a are
It ~s difficult far the averag ~ p tion easement, The
! ~ red to deal with "perpetuity in a legal document such as the conserve ~ .
expec
strausl absurd, it isn't even real or practical. find ~t certaanly rsn t use .
concept ~sn t only mon y~ we realisticall use the concept of
l,e 1 s stems change, peoples needs change, so how can ~
~ t and control afa legal dacument~
perpetuity In defining the eaten
rho s I4 ears ar 3~ years, or whatever is useful and
Reallstrc time penads should be used, pe p • Y ~ , ver time
owners and~easement holders, This pGrmlts use changes that may occur a f
real to the land ~ oc1e . The easement nay have a
due to need changes in our culture or need changes ~r~ our s ty
r another ed*c~pan tine period, Ignoring the pace pard or
clause that permits extension fo ~ , . • • e sense.
ime eriad should have reasonable flexibility rf it ~s to ma~k
value of the the t p
~ is so acct red is that the fells have fled tax laws and
A basic reason that the use of perpetuity P 4 e tui then
' orlon to the use of the word,' and concept. If the ~E lsn t for p , tY
federal fund authariz
rea nor can federal agencies authorise purchase funds. This ear~cept
you wan t get a federal tax b ~
an ell sa as not to deep freeze the fugue use of land #'or our postenty.
most be ch g
~ e of Arco a Grande .
Otis Peg . y
~ tect our P icy here far ~[c~fee.cvm VirusScan online
Pro y
~r
i
Agenda Item 11.a.
Page 65
'erase M ins - art.~00 . ~ ~~ge 1: t
. ~ ~
r It is obvious that the objective oftha proposed new Ag policy being devised by the City of
Arroyo Grande is to constrain the freedom Offatmers to da what they wish with their land to
control and subordninate their property rights. The city's power to contra] zoning would be
combined with a strateg~r to force,a farmer to e a conservation easement to discourage the
farmers chaise to change the use ofthcir property--when farming becomes enviable or ifspecial
development opportunities exist.
Two major ob~cctions to conservation easements is that they divert mast ofthe farmers equity
and that they are perpetual. Eecause conservation casements axe inflexible, then is no allowance
for future changes incircumstances, Besides this feet, the Uniform conservation Easement Act
can be enforced by third parties. This is a zeal problem.
Even in the simplest type of conservation easement transaction,the #wa anginal parties to the
easemcnt~-the landowner farmer, knawe in legal terms as the ~garitar,'~ and the land
trustlgovernment, or "grantee," - may be ptaccd to a position that is not ordinarily sanctioned in
~ ourtraditional system ofcontract law.
In contract law, only the parties to the contract can enforce it, There are generally two parties.
But when the state has enacted the important parts ofthe Uniform conservation Eascrnent Act, a
th dd party, non*pro#it organization that i not the land trust that holds the easement can else
enforce the terms ifthe grantee, the usual author ofthe easements puts the third party's name in
the easement.
This means that both the landowner ar~d the land trust or government agency may be satisfied
with the way the conserv~tian easement is working out so far, but another parr with whom the
landowner has i~o dealings except to note the party's name in the complex easement language fog
some purpose; can bring the landowner to court.
The topic ofthis feature ofthe Unifonn~ conservation Easement Act is avoided by land trusts
when they promote conservation easements. In facts the seeming goad faith relationship between
the landowner and the particular land trust with wham he is dealing is important to facilitate the
sealing ofthe transaction.
F
~ Because third enforcement is buried in the bad afstate law end the easement's fine rin
PAY y p.,~
the fanner may rat reali2e that another organization with which he has never had any dealings
can ga to coon to enforce the easement.
is there any wonder why those an the pity Council such as dim Dickens --are trying to
rr~ake the conservation casement a city policy The citizens should understand the game being
played here, for it is dangerous and unfair to the farmer. Agricultural extremists sre fanatics in
trying to use any legal vehicle to stop the conversion of farmlands to other uses. A farmers
freedom and property rights roust be protected.
Otis Page Arroyo Cxrandes CA ~34~0 505-48~-SSt l
i ~ Agenda Item 11.a.
Page 66
~~4 o~b~tt an~o1~ load
~rtoyo ra~~e, ~34~~
~BD~~ ~`a
~i~ka~~ ~rsds rur .cost
i
•
~11nC ~a~ -
Vera cCixsh Associat~P~an~?~c ~ ~ .
Community Deve~an~nt ~epa~tmc~at .
City ofAxrayo ~d~ ~ .
~ ~ 4 E. Bi`aach tact
~~ro ~randc,A 934 .
• c a~sration a~r~na~ 'cu~tvra~ l~esaurr fox the City of,A~xayo -
~e. ~ ~tepor~ an th ~
rr~nde - ~ .
1~ear Tctcs~;~
` ' e u~ali a#`~rarl~ o~ the Draft ~ a~ ~ nth my
- I first w~s~ to ~xpres~ ~r?y appr~c~at~o~ fvr th q ty
s~ opt of the altcr~at~~res ago used is ~et~a~ ~t~ave tie faliow~n~ b~e~ cumn~ents to o'er.
~ ~
1, ~ ~~E ,1~~. The t~xd seutene ~s con#usi end I hops cau be snp~~~~d. 'fhc
~P .
~x ~a~at~on ~ the ~x ~nu~tipic or ~st~m~t~ttg the ~pe~ula~ve v,uC of ca~~re~tcd aglaud
is clcar crlo . ~~t isu~t c~e~t is how this paint. retates to ~gq~it~a~on a paint
~cr~ fat rte at~or~ ~rou~d be wed, wit~n re~sonah~~ and af~axda~ie buts ~~ause
8
of pro~crty's ~ca#1~r increased spe~~~a~~e u~?
D ~RD~NACf . 3 ~ . ~ ~:1 raga is ra osed as policy, het ~ e~camp)c
s~owu uses a ~ ra~o for can~czn ~~rm~aud-t~urx Cxt its, and a 4:1 aratxo far
canserv~ auts~de City ~in~~ts. s ~s confusing.
A,~arC~. ~~~.A,~`~~N` EAS ~~~r~1Vi . Ewa
commits her: ~ ~ . ~ .
a. ~ addion #a ref
egg to tic Gk's ~~e~ct~t i~ ap~ung ~entcu~~, x suggest ~o~
also rcfcx to the ~canaxc lecut's policy statement.
h. 1 also sug~e~st you add a prapos implementation ~e~s~u~e an the dcvclvpnacnt a an
cduc~tion mad autreach prag~a~n P campaign, if you wig] aimed at 1~ghte~
pubic a~rarc~tess of tie cast-bets of a conservation. s v~ould be esecia~~r
relcvant in anticxpa~an of ~ pa~sib~~ hand issue sor~cwb,~r~ dor~vn the road.
Agenda Item 11.a.
Page 67
r ~ G NIC~t Ati'~` P~ 8~
page r~
~'~sa I~~lash ~ -
4, 5~~' ~ ~
- • a o ort the ~ o~ic~ statea~t, ~vh~ch
~np~ca~ae~t~~~ r~~ ~ ~ ~
should re~eres~o~~ hem Two other cost:
F su cat ~ the woz+ds , ~ aid C~1 ~a~y's usti~?b~e g
a. ~o ~e Ord ballot x * •
` ' ~r cable r~saurc~ that caa~ ~l show ho~v~ t~x~o
~gra~• Tea ~s ~ a~ ~
' ve ~t coax ' on gq~a~l pax~~ls ~1~ alao press ~e
cap wrabl~ Apra
laud, ter prays s the prog~a~aa..~
.
bullct ~ su est a~ ' a se~tcnce to the acct, "a i
b. t~?~ fours a~ad - g~ ~ ,
's Fay ~3rcau ~ lorio,~ wy~ and mrca - a ~mp~ne~ntsg a~ ate.
the ou~ty ~
- c a ~u~cau has such a ra~ram p aid wag for the
tourism para. ~ ~ P
ou~ty. 7a~t ~i~huh i~s a contact..
~ncercly~
- ~
r
~ ~
• . ~
Agenda Item 11.a. ,
i Page 68
- ~
.
LU~
~'une 1 2~a3 ~ '
' ~F A~Y~ C
Rob Strong, ~.1..~. R~IN~~
~~l~~'Y D~II~I~~~~~T ~
pity of Arxoya Grande P~.
~ ~ ~ branch Sheet
Axroy~o rarlde, CA 93~42~ ~ .
• Ago o ra~nde's Ag~iculturc Resources
SCT. Y
`strict staff co~men the pity of Arroyo Grande's planning staff on their hard
The Dr ,
arts in evaluating methods to cvnserwe prime agncnltural resources m the
work and e~'
Arroyo Grande area.
. re aiding agricultural land is tv preser~~e agecultural land and prevent
~~stnct policy
' ral area outside the urban reserve hoe The ~rstrYCt views and
urban spravrl ~ ru
ment ofagxiculture hand vacated inside the ~ vn a case by case bans
evaf uates develop .
lei issues including cornpat~bility ven influence these d~crs~ons.
since many camp
• it to den r oasts to annex and rezone agricultural land
The fJrstnct enca~ges the Y Y I..
` e of the existing U Ubdlvlsl~rl ~f agClcu~t~ral land autslde ~1 ~
located o~ts~d
• and rna be used as ~ustrcatton far sumlar convers~an by other
precedent setting Y ,
ers wishin to develop agricultural land add scent to the arty. ~ are
property owvn
' he cumulative effects resul~ng ~ron~ the ongoing frach~nng of rural land .
concerned wig t
' esident~al development ~ areas far removed from co~tnerct~l services , .
and increasing r .
nt centers, Such development fosters continued dependency of pnvate
and ernployrne
e aril viable means of access to essential services and other destinations.
auto use as th y
ant v~~th the land use planning strategies recommended m the glean Air
This is incons~st
' ote the concept of compact development by directuag growth to areas
plan, which pram
• an and village reserve ones. The SAP recommends that areas outside
within exrstinng orb .
' e reserve lines be retained as open space, ageculture and very low-density .
the urbanlvrlla
residential developent•
t to eni hasi~e to decision makers that subdivision and future
we believe it is rmportar~ p ~ -
a 'cultural land outside the CiRI~ allows a pattern of development to
develaprrxent on g~
' timatel unsustainable ~ the long run, such development cumulatively
cantlnue that is ul Y .
' 'tin stresses on air quality, circulation and other natural and physical
cantnbutes to ex~s g_ .
` astructure #hat cannot be easily mi#rgated. 'e co~nend the pity on
resources and ~nfir . ,
' ratect a 'cultural land and urge them tv deny request to subdivide
their efforts to p 8~ .
a 'cultural land outside the
sincerely,
~ ~ ~ -
llllelissa brute
Air duality Specialist ~ . ~
iAlsll
333 ~ab~rto you rt • a~n Lain Obispo, C.~ 934a1.8~~-181-~9~2 • FAQ: 6a5-16~•~aa2
~nfaC~sEacj~anaira~ ~vw.s~otle~nar~,o~~ -
Agenda Item 11.a.
Page 69
• 4 ~
~ ' ~ '
APP~~~~ ~
PF~~ #~EP~~~
R
4
r •
a
~ ~ ~ Agenda Item 11.a.
+ Page 70
4
.
. ~ ~ `
• ~ ~ ~
• ~ ~ , ,
~ ~ . ~ ,
~ r ~ `
• # i ~ ~ ~ ~ ` 1
• ~ •
~ •r i ~ ~
• '
~ ~
• ~ ~
. * y
. ; ' .
• ~ ~ ~
F • •
~ , Y ~ . • ~
~ ~ • ~
• • ' ~ ~
~ ~ ~ • ~
• ~ • • ~ `
• F
. ~ I .
. ~ ~
M
. ` + ,
~a toid workshop par- could not corn ~ " to
. 5ta~lNr~ter ~ ticipan~s that i. ~ ia~d _
. ~ o~YriP.i'a. ~aC~ers ~r~a
deny feel is the open Spate to sell to~developers show .
• ARROYO CRA~D~'-The and same 30~ acres off~• have that he added.
• sip month maratori~rn #hat land that 've ~ fit' . .
flacks the conversion of
~ award ar~~,t~s, mho .
Grande its unique character. owns 350 ~ behind Cbtu-
prime farrnlar~d hitn housing A survey, taken prior to•hn- mash dark #n Pno ~3ea ~ ~
tr~1CtS ~ Qn A.
plernenting the 3~10ratorlum said he prepaid his land fir
~ Dot before it dies, city o~• medicated y id avocados but eve .
' ' C~a~S Want t0 kno~I , ~ .
~ ~ ~y; • ifreSi• wau~d like #0 keep the land buft`er, housing his . ~ .
; ~ n~r~ ~f Lr it ~
• , , ' , i ~derltS 77 • `a oa~iiiJ~e +IJ' +
p .in the hands offarn~iers who boundary resented r'oh.
tectfng the cites farmland want #o farm, p ~
~ ~ ~ .and ifthe ~ ~ hems forhis use ofspra~s
Y do, haw the city there are prahlems. and end ma
chines.
shauZd go about it+ Laand prices are h#g~ and "I've watched this vane .
~ t~ra-hour ag~ricuitural farmers are often #empted to disa ar acre b ~
' ppe y acre," he .
. workshop last'~Vednesday set to developers. said.
was the city's at#empt to find The workshop outlined ~anservatio~n tams such as .
some answers. ways preservatia~sts carx right-torfarr~ ordinances ~ .
upparters of city Ord- compete.-- ~`~oters are wl- ~~A~royo Grande has ane~,
Hance S~, which created the in to pay the price, bong subdivision ~`eguiatians, ~ .
rnoratorfum, critics and sev said, . - buffer zones atld zoning
e~rai ioca% fanners, including ~`arrrdand can be removed were described. ;
Howard Niankius, Tam Run- fxan~ the market by Iegisla• "As a conservat%n,tool,
reels and Jim Dxcke~ns, rnet Lion or can be purchased by zat~g is ineffegftve,"sadd . .
council Chambers far a the ci~r. ~'arrner can sell de~ ~Ua ~oneycuft, a is eavi.`
workshop titled "pact of • velopment ~ ~ '
any ' . ' ' rarirhentai,activist,
Conversions of cu~tuural through such pt~~ The city's ua#erest in grew ~ . '
Lands,"moderated by Tere- . the A~neric~an ~'annland se its r~u~at a ante- . .
s Nlc~hsh, assistant ci ~ ~
tY and each programs ~s dates the moratorium.
planner, arzd Jun Berman, the Will~aon Act Can pra~ nanced by a grant from the i .
planning ~11te~n. tact land With tax i~'lCent~ves, Ca~Orn]a t~t@ C~Sta~ GOn- .
During the meeting Jed' The basic premise of • ~ ser~ancy, in 19~I the city de~
Garcia, field representative Wednesday's meet~g was rreYoped a Coordina#ed Agr% ~ .
• . four the nanprotit nerican tha# the city is eager to pre- Cu3tural uppprt .
. F~d'I~'ust, described serve the farmland within updating it ion `9G and'°9'i; ~ ;
, e trust's buyout program. its boundaries. CA~SP can~ues t4 px`au~de
• : ~ since it began in ~ebn~• The question is hour to o bac
the moratorium has g kground for the city's ef. .
about it. farts.
been one of the town's more dish said that cam- ~Yorkshop findings w be .
cantrnversiai issues. menu from those*wha ~ discussed again at a ,
Critics charge that it was pac~ted the caunc~ charn- ~n3ng Com~,ission meeting at '
designed to hlacic t~~o boos- bars wih provide guidance. s p•m. June I~ in the City .
pra~ects then ~n preper* Otis Page, a commurdty council Chambers.
mgt stages, samet~ing three wattchdog who has opposed ~ .
of f ive pity Council mem• the oratorx since ats be- ta,~arr~ter Bob Behrrxe carc be
bars and Community J~evel• ginrdng, said with the high reached at ~o .
apmer~t Director Ii~b Strong cast of far~and, the settie~ or by a-mac~~
~enY• ~ ~ ment paid by private tatusts bbehrrpuli#~erne~.
~ .
"
G ~
- ~y the middle ofthe month, "This adds to the quality of ~'or more ~mda at11.a.
' Sears should have the infor* iif'e for the whale ~
South Coup. ~rn~~f Fri,ira~~ ~a"~'f~~ge 71
I'
' ~ . ii
•
:~Z+~. :~h. is f.
`fir, ' ~~~i~;*i: .~r.~~:
+F ~:*~•1 `1fi i4~ it ,
• + -t -
. .N i
+ t ! r f
, f:~~. '
. , '
~ . ~ ~
~ ' ~ .
i;~'
r
+ a L~t~•, . - ,
lr,iALr~,ily, 'tits:' ~ ...r
~ • ~ ¦ ~1 •++t++i3+ilirlw 11~Rr'" . ~ 't w•,~ - ~i; .,~r;{ ~ ":~;-a'• i ~I
• ~ ~ .i ~~1rN~..r~.~.}t 1;.~ ¦ 3+}.tile `Jl.is'• -.~+'t::• : F'~' 7 . ti. t
- •r ~~;yay~yM_.M~~~aMI~111F * a t: i; ~ r•.
i ~ r e : iY .~y !r t~ L.
• i, {
- _ ' i
- ,
~
~#leld ~s the executive manager. Behind t~em~~;
• tie is resident of the SLR County Agriculture! 'ask l:orce. Karen Man
Ryan `ra y p ~ e Farms #or laborers. ~'t~eir organ~~atian is a #armerJrancher watct?dog agency. .F •
is housing built about ~ years ago at Ya l y , ~ .
~ 4~~.
.t
`
• '4 ~
' ~1
` t~~}:~
,y 7 ~
i.
r a
- ~ .
. `~'f
LQ QUnty Agr~~~ltural Task Force -
. r ~ an Talley, , .
~ VYhO: wren Mans~~eld, ezeCU~IVe manage ~ Y , r
reside
p ~
4 County Agricultural Tas'~ farce ~
• Organlzatiat~; L
deal with•the
L~st.t~ Mission: The kas~C forte was farmed ire 1993 to ~;:.}z~;.r
x-
f 'ntreased re elation ~r?d urban pressures
impacts a t 9
dealing with issues a~
o to just about ant public meeting ry ~'y the ~ask'~;..
¦ • ~ + ~ ~ e~ ~~ail~- ~lilplrt~ll~g orl iVL~9 a~rtCtJlture. past k~~Ca w•'! :+-".'~45~
fecting agrtcuiture and ~•ou ti~~ll l~el} fin ~ rlred to dra44r l<armer~ and ranchers inio the ~ ; }
has ~~o ~~;`r
field uiet~y listening and ta.~ng note. forte ~
' on ue5 like the S~~R IandiUSe 5 ~~:k~r:~'*_ .
q our Agricultural dec~sion•~nak~ng loop iss
As e~ecut~ve s~a~?ager of the L~ f= ~
. ~ ' " ~ ~ar~lrllt55l~~ r~CQrl'1rC~~~d~tl~~i5 ~~tectR~~~'~~ti~~
~`as~ Farce, rt ~s ~1an;~eld s fob to be the e~ e~ and ears ~n~~~at~ve~ Coasts ,~3.,,.,.
• ire out repoCts via rr~onthly' a riculture operations, 'rlc~ht to farm' vrdknantes, pesticide
the local ag indu~trv, send g 9 - r con~lEctS~ Un1i:~e the l~arm Burea~,~a
w,..
newsletters, re~utiaElons and rural uban •w;~~,,-~
ou 's resident, Y.".,
~ boss ~ an Talley, ser~'es a e gr ~ ~ . ~~tl~ch cornmun~cates ~rr~th organ~tatians such as the caun_~~~~..
Her ~ y •..a:~
drav~in on his ba~c~ground as part of the'Falle~' ~amih arm• Board of supervisors and spea'~s out on issues li;~e the ':•~{Y. ;
g resident
`an and as a longti~re county. ~ ?hars and ~ -
ing operate ~'~~ii~arnsar~ Act, the task l`orce srmply ga:
~1+ ~ Tolle sans of the nonpra~• ~ ; ~;-3,,,~.
a ~e~~ and liV~ ~ea~ . ! ! ¦ ~ „ ~j~~~:r l~r~~`~~ ~~I~ar~~`Ik~ii. •..•~•rT~s'~1 '
task torC # and disse[nl- p ~ , :
Rather, the a ferrets out the ~act~ ~'ele gone. 5~1.18~~
ortnation to its local members to a~a?v them to dra~4•
oases ~ C a r~onkh,•~rrhith tames from the
conclusions. ~ Budget, Aaout 5,0~ ~r ~
their o ' • avocado ni bon's da~er~ a industry beard members and ;
Their audience includes mayor .farm graup~ lie. , aria ra ~ sue and auction:
e ~~~•ers and pohbcians whose dec~s~an of sponsors, as ~~ell as an a~~nu~l June barhe ; ..i , w,.
and v~1ne grad Sr ~
of the to t~~a economic e~?gines in the . fundraEser. ,
sect agriculture, one ~ , Agenda Item 11.a.:~'=~~~: ,
' ~ Page 72 •
a
•
• ~
'L~-~~NsDAY, SAY ~x,~ ~oo~ ~ ~
1~ •i ~
k ~ ~
.r ~i ~ .F. • +
' t ~ ~
~ - _ is because long-term famines rat put it bank in under the new
. , ~ . have famed here for genera- standards. Same thing nth a
. ~i ~ . ~roa~ Page bans ar~d taken goad care of .new well. Aso, we are not sure
the land, - ~ ~ you cou~~ continue to do open
. ~ ~ . county. In ~D4~, it produced odors Iike grading. It ca make
' ' ~ $~~9 m~lionwarth afcraps anti Pesticide use .it more restrictive to than `e
contributed almost 1 b~lion Mansfield: It seems like ag crops to meet changing eco-
the fan Luis Obispo bounty is an easy target far complaints non~c conditxans,
ecanay. about pestiad~ use, since it isPublic erne tlo s
R~ecendy, lVlansfield,a~nd Tal• very apparent.when ag apes- P P ~
ley rnet with The,Tribunt at tsars spray. Same people wdl Mansfield: The urba~rurai
. Talley farms in Arroyo Grande ~ just assume if they have ~prab~ .conflict and added regulations
to discuss ~ Issues affecting lems, it is automatically pest% . as byproducts of that dare a
. lacax agriculture. cede exposure: threat to county agrsculture~.
I~iiliamson Act . At meetings, I have ~ asked Take tine winery accessories ' ;
people where they want their use section of the fight to
~'alley~ The ~Vlllnson.~ict food to came from, since most F~um ~rdrnance, far example.
_ ~wh~ch reduces tax rates far other countries do not regulate A lot of that came out of cam
farmers who agree to'pres~rve pesticide use like we do. Saute pla'tnt~ f torn a~eighbars ~baut
. ± f ~ ~ land for fanrang instead of de~
• ~ ~ r ~ ~ ' tl` people tell me they don't care events gom8 an at wmenrs in
. f 1
. ~ ~ velopment~ is really a tax issue. what was put an it, they ire on• addition to agriculture
~ .
. : ~ ~ ~ : ~ ~ ~wery time there is a estate} ly concerned that it is not ap• cgs they do to promote their d
budget crisis, they look to cut plied in their awn bac3grards, wines. There's a lot of infru~ge~ c
that. That concerns~farmers be• ~a1! ey: ~Actua~y, the biggest merit an property righ#s by peo- ~
cause it would significantly - misuse of pesticides is from pie who see fa,rmi~nd as their r~
cruse our property taxes, _ homeowners, who don't need a personal view site. ~
permit anti after double ar Talley: Therets a lark of un~ a
Hauling costs triple the recannmended can- -dersta~nd'angby the general pubs
"alley: Locally, we are mast cen~atians and then dump the iic of what is really involved in ~
concerned about housing casts. unused portion dawn the drain. agriculture and what it takes to c
.far employees, ff they haven't' ~ ~alifarnia is the ostregulated successfully produce a parficu• ~
purchased homes already, it is ; state as far as pesticide use, lar product. The banana line is u
virtualijr impassible far them to everything we spray we have farmers can't rrtake a living, r
da sa now. Lspeciahy in the last to document` In a lot of other they will be out of bussness. ~
five years, we~ have last a lot of " states it is voluntary, far some a
employees who ga to fields in things. .
' the Central Valley where hous~ ' Pesticides axe getting mare SAAR have open space o
. ing is cheaper. ~~e have hous~ expensive and less effecfive as and ~Igriculturaf s
ing for about 84 workers who they get diluted with water, Far Resources eras a def Bated
live out here -both naobiie instance, the pesticide we use 0~~ local land use a
homes for families and ~on lettuce used to last 14 days. initiative #hat would have
bunkhouses for the single Now it lasts ardy three days, sa regcsired a public vote to s
males with a kitchen they can we have to spray mare ,fre• rezone aq lends far more - t~
. ' ~ - ~ - ~ work out o~ quently. intensive use.
e have been expanding ~ ``alley: It*~xoutd have taken #
: xi ~ ~ housing out here since the ~ # away auar~rights as prsvate land
197~s, we are trying to add rl ica! habitat designation users tQ do what we tu,do on ~ ~
more units, butstrxcterhausing ~ Mansfield: In March, the our own property, It would be ~
regulatiaas are making it dif~ Board of Supervisors approved like u go'u~g to your house and
cult to da. ~ resolution by Supervisor saying I don't want your new
dike cyan oppos`u~g the desig* addition. rt's taking away land ~
e ce nafion of 85,040 acres of critical rights to preserve open space.. l~
Ag~ur~an lnt r#a species habitat in San Leis Itisagreatlifestylearidllave C
Mansfield;Thecostofhous• 4bispa Cau~ty. (Public corn- it, but you have to'be able to a
ing goes tip because people brad merit period ended In March, make manor doing it.
this is a desirable area to live. ?rie proposal c~rren#~r is under M a n s f i e 1 d: f don't thick any " ~ ~
';hat also encroaches as agri- review by the T.S. Fish ~ one in agriculture is against r
culture. f~Iore people are will- ~Y'ddlife Scrwice.~ preser~~ng open spare if it is . i
ing to pay for hones ors The big ~~ancern is the co- nanciallyfeasrble. But~•au can't ~
aCr~a,ge ~ t~7e cOUntCy, but ~eY narruc ltl~pact new restrlCtla~1S keep sarneone aS ~ pepper ~
' are rat always pleased with ag would put .on' ranchers and fanner if he can't'make a living. t
practices~like pesticide applica- farrimers. You need alternatives; x
tons and boom guns Ito scene Say you have a road that L~slre #a~~~cs ~tr~ abouf
_ . off pesky birds}. ~ crosses a creek to get you from bus#r~ass and ~gricuf
~crx~oa` 7~cr c
Zt's ironic #hat the rcu~l char- one fiield to another that was ~"r~bu~ r at
octet is what draws veaole but in 0 vents aao. it gets fps#~v~ ~ ri bm
gage
' AP~~Df ~
AI~P~ B~1FF~R ~R~E~AN~
i
7
7*
r
t
4
i
i
+ Agenda Item 11.a.
Page 74
A~P~NDi~ ~ "~APL~ BCII~~~R ~R~1NA~l~~
1 ,~g.5~ ~ AgriculturaY buffer requa~rernent,
A, In addition to the pity's right to farm deed policy, the pity has deterined that the .
use of property for agricultural operations is ~ high priority. To in~rni~e potential
conflicts between agricult~ual and nonagricultural land uses and to protect the public
health, ail new development or redevelopment adjacent to designated ,agricultural or
a 'cultural reserve dist~cts or any land used far farming, shall be required to provide are
~
a 'cultural buffer, Thy agricultural buffer area shall be a rniinn~um of one hundred f
pct,
measured from ~ the edge of the ag~ctiltural area. ~ptin~aiZy, to achieve a maximum
oration a buffer wider than one hundred feet is encouraged and nay be required it
sep s ~ .
xs recon~unended ,b'the fan Luis ~b~spo bounty Agmculturax ~ ornrnisxoner. ~
decreased buffer distance rna be allowed if it can be dernons~rated that an adequate
~ .
h tcal bu'~r exists deg. Arroyo raride reed that is approved by the fan Lugs Obispo
~ , • '
Jaunty Agricultural ~onssioner.
uxn one hundred foot ~ 'cultural buffer area shah be comprised of two
The rnini~n
cony onents: ~ twenty foot wide agricultural landscapcd transition area located
p •
Conti ous - to an eighty .foot wide ~agr~cultuaral buffer located contiguous to the
~ 'cultural area. The combined one hundred foot agricultural buffer shall not qualify
-
farland rriiti~ation. -
The following uses shall be permitted in the one huxed foot agricultural buf
f`er:
've lams tree or lied a rows, drainage channels, storm retention ponds, natural areas
nail p
such as creeks or drainage swales, railroad tracks or other utility corridors and any other
use incluin a 'cultural uses, determined by the planning comrr~ission to be consistent
g ,
with the use of the property as an agricultural buffer. There shall be no public access to
the one hundred foot a 'cultural buf`f'er unless otherwise permitted due to the mature of
l
the area e.., railroad tracks}. The one hundred foot agricultural buffer shall be .
~g .
develo ed by the developer pursuant to a plan approved by the darks aad ecr~eation
~ornmuni ~acil~t~es director, The plan shall includc provision for the establishr~r~ent, ,
tY .
naana ement and rriaintenance of the area. The plan shall include the use of integrated
g
est managernerit techniques, An easement in fa~ar of a city shall be recorded against
P .
the roe , which shall include the requirements of thYS article or, at the ~~r~cto~s
p P ~Y . .
discretion, the propert~r shall be~ dedreated to the city lIl fee toile,
~r
- - .Agenda Item 11.a.
Page 75
/ 1Pi
_
ti
L ~!x~,,1. "Sktx ~i ...j.`T
# fi'r' .5:~..y~ ~ ' ~j
~ yy i ,P ~ 4 ho
t ~ { tI, r y}
it •w .
~f •q^ at •i `
'r' Iii: '4. F"Y. { ~r r.~ ~•C f ~ .r • ~ ~ ~ ~ ~,s~i Jon _~J ,
~ i.. J•
~4 'Y',nl ' e ,S
411. ~ '~T ` +
~ ~;-r~~ ~ ~ R~*. a ~ rf~~'~
r xa
~ • 'G " '
¦~7! 4 .r
,
~i} Y:t: ~ i
F. ~M ~ ~ ~ 1~~ i! fir.. *
~ ~ 1r•'L
l * h'` fix' 1 ~ ~ ~ F~-.~`~' ~~"~R, r
rte ,~4 ~ ~ ~ # ~ ' ~ ~ x "JS~^'. M ~ r~ ;.'.1 ,',..~'V~ 1 k:~ , R
• :*f ..ti. • ti = ~~II ~ •~F ~¦;/may ! 1 Ii1~T . r e'.1 a:
4. s1 + ~ ~ * ` - • • ¦ ` ~ •flc' Y M I i~r ~ ~ R..a ~L
T * ~ • f ~ ~ ~ ~ fi r' i .Jt • J,,t•f a 1; Sri
• ~ ~ ~ 4 e
r ~
* r+ ~ ~ ~ + ~
~ ~ ~ •r w
~ 1 a 1 ~ i R ~
s 'r • i • ~ ~.{W ~I
1 tii' R r ` \ I
• " '1
R' f ~
~ ~ } • ~ * h
' r~ r ~ ~ W a F
• ~ ~ # # i
- F ~ r ~ ~ ~ ~ ~
~ •
i Agenda Item 11.a.
Page 76
APP~N
'j+' ~ # 'r r rr 1~ ,
t., y y 1 - . y ~ r - t .vi'..dd.,
- ~ i , ~ I ..4 ~ M:: 1~ t M
•r.~ ~ ' ~ ~ 1~: r tt Mr~ ~ .4I++ ~ti1. y+~ i# Sia ~
. i, ~ Y ~ ~ . r 1~.+... ~ ` ~ ~Y#~~}I'Y ~`.r'y~,-' . a .q`~ ti+. , wi'~
* _ ~ . W - ~ ~ ~
~ : '~f~ `i~ 'rte, ~ +,+~3M+; ~.hi~!'+. ~ ~ (r . .
' • ~ . +'~Sy ~ ry ' .fir ~i. ~ 4 ' ' y .+y, Y ' • ; ~
Y
.ti ~ . r
} t'M1 1 ~
+ i~ III ~t ~ I ~ ~ ~ y''~~ ~ L ~ ~ • . .
J rf ~ ra i
~i yt
•i f S M Y ! t
y; '~r~ 4`~ ~ ~ ~
Y ~ ~ #
1 f+.,
• t
!t
M.
t ~ ~ '.AMR i x' * y 'sl'y
f ~ti~:., ~ ''t5
F ~ ~ ~ + ~ ~ , ~ - ~ ~ ~ ~ 4.: Sri
,t .r _ ~ i # * 4 J ~ fit!
~ ~^,j
~ } ~ .JR.~ y.
~"+yJ
4 t-r'>
¦ f~?7~ t ' Y ~ •
• ~ ~ r JY Y r~ ' ~ , r '4 • ~ ~ ~ 4 i
' ~r ~ _ -
y ~
' } ~ ~ '
. • rF . ~ I 1
Agenda Item 11.a.
Page 77
A~P~N~I~
~i ! 's'ue ~.,~.5' ~~r, ~
'
- ~ ~ ~ f
~ '
w ~ - ` .4 r r
+ * ~ ~ ~ ; A. .1! . ~ ~ ~=rte'
{ ~ ~ ~Ai? yet . 1; .d.,k ~4 ~ ~
~ ~Y
~ . 'f _ . . „ :f,1 ;;r~;; fir'..
~ ~ 1 • ,''J~~Y', ii7'4`'~~.~~~.llf ~ ,x+iwt.. ~w`"fir i-y' ~ a
~ w'y • F '.~It ,4. .3. ~il'~4 ~ ~j .~a•~~ r k~~. VZ-..~~~ ,'L '
.5 r•f, Cry ~.4}. ! Y~
1 r¦ tilts
~~#I ~ «5 max' r ~`S r ?i¦•
, i :
r
i ;
4 ~
r
~ F t ~ R.
} ~ ; ~ 1. `
i '4 ~ ~ w ti• .n. I ~
X71 + r ~ ~ . I • M; ~ ~ ~ ~ + ~ J
+ ~ , ~ ~ f'. ~ iii ~ f ~ #F
1 rM5 ~ + +
~ 4 • ~ ~a {
; . fir` ~ . i •+r ~ r.! f _
+ + r ~ r ~
. L ~ ~ * ~ ~ ~ ~I., ~ :.s 111 ~ ~ • i ~
• ~
` •t5 ,
+5
Agenda Item 11.a' .
Page 78
TIN R~~U1R~~~N~ ~RDI~A~~
~AE~PLE ~~f ~~A
•
- y
t
r.
Agenda Item 11.a.
Page 79
4
~~i~ViV~V i 4a~p~r7~+ fLild~~~4
A. The ose of this chapter and this article is to implement the agricultural land
conservation olicies contained iia the ~ 1 C eneral Plan with a program designed to
~ ~ i • •
enmanentl ratect a 'cultural land located wYth~n the Arroyo ode city hits and
P Yp .
within the Area of Environmental Concern Plug area far agricultural uses,
. The Ci Council finds this chapter and this article are necessary ~'ar the fallow~g
~ .
asons; Califon is losin farmland at a rapid rate; the Arroyo Grande galley farmland
re , g .
is of ex tiaaal raduct~ve quality; the cu~ulattve ~rrapact of the loss of agricultural lamd
is redictabl a si ' ficant impact under CEA m develaprner~t pray ects; the Arroyo
p _ Y
rrande 2~O1 General flan has policies to preserve farmland; the City has X55 acres
zoned a 'culture within city limits; the fan Buis Obispo bounty general plan also
•
includes alicies to preserve farmland; the cantinuatlon of agricultural apera~ons
F .
reserves the landsca a and enviranrnental resources; loss of farmland to development is
P ~ •
irr arable and a `culture is an important carnponent a~ the City~s ec~nom?y; and losing
. •
a 'cultural land will have a cumulatively negative Impact an the ecomo~ny o#' the City
and the County of fan ~,uis Obispo.
C. The Ci Caur~cil further d,s that the acreage of prime agricultural land within the
~ r
Ci limits is a articular important resource, has unique .quality and benefits the
p
cornmuni throu the provision of productive open space, economic ac~vity and
tY . .
em to ent base, wildlife habitat and an important filter to rare runoff, sustauiing rural
. p Ym
community character, and the provision of locally grown produce .
' 'finds that the acres a of a 'cultural land within the City limits
~i The City Council g ~
has idI decreased over the previous three decades and is particutarly t~ureatened due
~ Y
to encraachin urban development, avaiiable infrastructure and land casts that are
g
exc tionall hi er than average casts of agricultural lands within the County of fan
y
Buis Gbispo.
` ouncil finds that ratectian ofa 'cultural acreage within the City's Area
The City ~ p
of Environmental Concern is important to pres~rr~ing a Strang urban edge and preventing
future urban sprawl.
F, The Ci Council finds that a protection of agricultural lands within the City
tY
limits is the Ci 's eatest priority per the ~~41 General flan followed by lands adjacent
tY ,
to the Ci limits, and thirdly, other agricultural lands win the City s Area of
Environmental Concern planing area.
. Zt is the policy o~ the City to wcrl~ coaperat~vely with a,n Buis ~bispa County to
reserve a 'cultural laud within the City's Area of Enviranmei~tal Concern planning
p
Agenda Item 11.a.
Page 80
ß¹»²¼¿ ׬»³ ïïò¿ò ß¹»²¼¿ ׬»³ ïïò¿ò
п¹» èï п¹» èï
1 ~.~8.4~ ~~ricultural land mi~~~r~on requlr~nen~s.
A~ Be ` 'rig an ~ _ the City shall require agricultural mitigation by
licants far coning changes or any other d~scr~t~onary en~tlement which well change
the use of agecultural lard to any nonagricultural pane or use.
B, ~gricultuxal mitigation shall be satisf
ied by:
l ~ rantin a farmland conservation easement, a farmland deed restriction or other
~ .
fannland conservation ~necharusm to or for the benefit of the elty andlor a qual~fy~ng
enti roved b the city. N~itlga~an shall be required for that portion of the land which
tY ~ Y
no ion er will be designated agricultural land, including any pardon of the land used for
g .
ark and recreation purposes. Two tomes as naar~y acres of prune agricultuxal land shall be
P . .
ratected as was changed to a nonagricultural use within city limits, or up to four Mmes as
P. .
man acres of agricultural land shall be protected as was changed to a nonagricultural use
~ .
outside the arty Iuriits, but within the G~ty s Area of ~nviran~aa~ental Concern rn order to
mitigate the loss of agricultural land; or
2. In lieu of conserving land as provided above if the city~council detei~nines that the
a ent of in-lieu fees rovide a superior opportunity to sa~sfy the goals and policies of
p Ym p , .
e eneral lan, a cultural tnitigatian may be satisfied by the payment of a fee based
~ F .
u n a one to four replacement for a farmland conservation easement or farmland deed
restriction established by the city council by ~ resolution or through an enforceable.
a cement with the developer. The ~ in lieu fee option must be approved by a city
~ ~ land
council. The fee shall be equal to or greater than the value of a previous farm
conservation ~ansactian ~ the City plus the estimated cast of legal, appraisal and other
includin staff thne to a uire roper~y for agricultural i~gation. The in lieu fee,
costs, g ~ P
aid to the ci ,shall be used far farmland mitiga~on purposes, with priority liven to
P .
lands with prime agricultural soils within the City.
The land included within the one hundred foot agricultural buffer requited by
section ~aa 1 general Plan Ag shall not be included in the calculation for the purposes
of determining the araaunt of land that is required far mitigation,
It is the intent of this program to work in a coordinated fashion with the San Luis
bi a Coup and state a envies, and, therefore, farmland conservation easement areas
~ sp g
ma overly artiall or completely with habitat easement areas approved by the Mate
Y pp Y
~ anent of Fish and carne. Up to twenty percent of the fa~nland canserva~on
easement area rna be enhanced for wildlife habitat purposes as per the requlrernents of ~ ,
Y
the State i7eparent of Fish and dame andlor San Lids ~bispa County management
ro s• a ro riate maintenance, processing or other fees may be required.
P~$pPP
1~.~S.aO Coin arable soils and water suppYy.
p
The a `cultural mitigation land shall be comparable in soil quality with the
agricultural land whose use ~s bung changed to nanagr'icultural use.
Agenda Item 11.a.
Page 82
B. The agricultural n~itigatio~ land shall have adequate water supply to support
agricultural use an the land tv be converted to nonagricultural use and the water supply
on the agricultural n~itlga~on land shall be protected in the far~aland conservation
easement, the l'arrnland deed restriction or other document evidencing the agricultural
mitigation.
1~.~8.104 Eligible lands.
A~ The first pr~arity far agricultural mitigation land shall be located within city .limits.
The second priority for agricultural rni~gation shall be located ~ad~ scent to pity limits, and
the third with the pity's Area o~ Envirantnenta~ ancern, as shown ~ -the ~aa1 ~rieral
Plan. The criteria~'vr preferred locations ar zones for agrioultural ration land shall be
determined by the pity council aver receiving input franc the advisory committee and
San Luis Obispo bounty. Ire making their determination, the following factors shall be
considered:
The pones shall be compatible with the 2441 General Plan and thegeneral plan of
fan Luis Gbispo bounty.
Z. The zones shall include agricultural land similar to the acreage, sail capability and
water availability caught to be changed to nonagricultural use.
. The zones shall include carnparable sail types to that mast likely to be last due to
proposed development,
4.
The playing commission shall reconun~nd to the city council acceptance o#"
agricultural mitigation land often acres ar mare by a qualifying entity andlor the city,
except that it may consider accepting smaller parcels if' the entire mitigation required for
a project is less, ar when the agricultural mitigation land is adjacent to larger.parcels of
agricultural rnitigatian land already protected, contiguous parcels shall be preferred.
C. Land reviausl encumbered by a conservation easement of any natux~ ar kind is
p
nit eligible to qualify as agricultural n~itiga~on land.
1G,2$.~~~ ~equlrements of instruments; duration.
To uali as an instrument encu~tbering agricultural mitigation land, all owners of
9 fY
the agricultural mitigation land shall execute the instrument.
. The instrument shall be in recordable form and contain an accurate legal description
B
setting forth the description of the agricultural mitigation land.
. Agenda Item 11.a.
Page 83
The instrument sha.~l prohibit a~ay activity, which substan~al~y impairs or diminishes
the agricultural productivity of the land, as determined by the advisory committee.
The ~~nstrurnent shall protect the e~cisting mater rights a~ad retain then with the
agricultural rnatlgat~on land.
E, The a licant shall pay an agricultural mitigation fee equal to aver the costs of
Pp .
administering, mon~tornag d enforcnag the instrument m an amount deterrnuaed by city
council.
F. The city shall be named a beneficiary under any instrument ~ conveying a interest
in the agricultural mi~ga~on land to qualifying entity.
. Interests in agricultural mitigation lid shall be held i~ trust by a qualifying en~ty
and~or the city in perpetuity. Except as provided in subsection ~h} of this sec~on, the
uali ' g entity or the city shall not sell, lease, or convey any interest in agricultural
~ ~ i
rniti anon land which it shall acquire, except to continued agricultural uses m accordance
g
with the continuing instrument.
H. if 'udicial proceedings fmd that the public interests described in section 16.25.4
of this chapter canna longer reasonably be fulfilled as to an interest acquired, the interest
in the a "cultural mitigation land may be extinguished through sale and the proceeds
. . •
shall be used to acquire interests m outer agricultural nntsgtian land: m fan ~u~s ~btspo
bounty, as approved by the pity and provided in this chapter. .
If any qualifying entity owning an interest in agricultural rni~gatian land ceases to
exist, the du to hall, administer, monitor and enforce the interest shall pass to the pity.
tY
1.28,130 City of Arroyo Grande farmland conservation program advisory
camrttee.
A. The Arco o Grande Planning ammission shall serve as a Arroyo Grande
Y
farmland conservation advisory committee. . .
It shall be the duly and responsibility of the advisory committee to e~tercise the
following powers:
~ . Ta ado t rules of procedure and bylaws governing the operation of the advisory
p
committee and the conduct of its meetings;
To reatnend the areas vrhere mitigation pones would be preferred in the pity of
Arroyo rrande, adjacent to, and within the Area afEnvironental a~ncern;
3. To promote conservation of agricultural land in fan Luis Obispo Jaunty by .
offering information and assistance to landowners and others;
Agenda Item 11.a.
Page 84
4. To recommend tentative approval of mitigation proposals to City Council;
5. certify that the agricultural mitigation land meets the requirements of this
chapter;
An denim from the advisory ca~nmittee may be appealed to City Council.
Y
The eligible Land Trust shall monitor all lands and easements acquired under this
chapter and shall review and monitor the implementation of ~ all management and
maintenance plans for these lands and easement areas. The eligiblc Land Trust shall
pravxde advice to the planning conunissian on the establishment of. criteria for the
location of agricultural n~itigatian lands.
D, Ali actions of the planning commission shall be subject to the approval of the
Arroyo Grande pity Council.
1~,2.14o Annual report.
Annually, beginning one year aver the. adap~on of this chapter, the Connnunity
~evelopnrent director shall provide td the advisory con~nittee an annual report
delineatin the activities undertaken pursuant to the requirements of this chapter and an
~
assessment of these actlvi~es. The report shall last and report vn the status of all lands and
easerents aired under this cha ter. The Community 1]evelopment Director shall also
. 1 P
report to the eligible Land Trust.
1 b.~S, ~ ~ vlolatlon.
An person ar entity v~ho violates any provision of this chapter shall be deemed guilty of
Y
an ~n~actron and, upon canvlction thereof, shall be unasked by a fine not exceeding the
maximum prescribed by lave. In addition, any Berson or entity ~ha violates any provision
of article I of this chapter shall be liable tv the t~aansferee of the property for actual
datna es, In an action to enforce such liability ~r fine, the prevailing party shall be
S
awarded reasonable attorneys' fees.
1~.~5,10 P~rece~ence. ~ .
This cha ter shall take recedence over all ordinances or pants ofordinances or
p p
resolutions or parts of resolutions in conflict herewith.
Agenda Item 11.a.
Page 85
~ ~
APP~ND~i~
~11~~.~PN~~T' ~~~~T ~RD~NA#~C~
~~AI~PL. T~AN~EF~ D
•
4
M
4
Agenda Item 11.a.
Page 86
APP~i~~l~ G ~xampfe Proposed `transfer Development Credit Program
Procedure Par establishment of'Trans#erabte AgricuEtural Credits
' ultural credits are eligible to be allocated to the property owners of record ol`
Transferable agnc
nd within ti're a raximately ~5~ acre section of the City of Arroyo Grande that is
agricultural,la ~ pp r Rural credits shall run vv~th the
zoned" A r~culture 6y the X994 caning ~Ilap. Transl*erabte ag icu
~ * els in the sub act area, and over an acre in size are eltg~ble to
land. ~xist~ng agncultural pert l .
edits far each sate of agricuEtural land which is placed ~n a permanent conservation
transfer two
n the calculation of agricultural credits, a fraction which is D.~ or larger shall be
easement, l
considered a foil agricultural credit. .
Ali ible Lands To satisfy Agricultur~f [.and 11~itigatian Requlrernent
g an conservation easements, the Agricultural Land.Tr~st shall avoid the
In the establishment of y to in the Pro ram,
creation of an situation in which a property owner who does not part~cipa g .
Y ' ' ~atructure easements negatived impaad, unless the
would have any access, util~d or inl'r , • er shall
ci atin roe owner consents. in add~t~on, any nvnpa~~pabng property own
no+~psr~ p 9 P P t atent~al b the creation
eat have their land unduly impacted as to present or future developrnen p ~ Y
' ' nd "islands where the nonpartic~pat~ng sand i completely surrounded by
of nonpartlcip~t~ng la ~ consents.
eves artici sting In the Program, unless the nanpart:cipat~ng property owner
prop p P
inimum criteria shall be met for a property to be eligible far placement In an
The foliaw~ng m
` easement or satisfy agricultural Sand mitigation requirements identr~ed
agriculturaf canservatran
within this chapter: 'cultural use on
• The roe half have adequate water supply to support the historic agr~ •
P p tested in the farrr~land canservat~on
the land. The water supply for the land shall be pro
farmland deed restrict~an or other document evidencir?g the agricultural
easement, the .
mitigation; or. ~ ~ ~ ~ .
' ode uate sire, configuration and location to be viable for continued
• The property ~s of q .
agricultural use.
a e that meets any ar all of the fallouving criteria can be considered as
• In add~t~on, a pr p ~y
agricultural mitigation land:
land is located along a roadway and contains unique visual values, .
• ~'he m~t~gat~an
. , flan land is not stegically located for other economic deve~aprnent purpaset.
• Then]#tlga
~ s coati uous with other areas sought for agricultural protection which
+ The mN#~gat~an land i 9
comprise a rr~inirnurn of 1 ~ acres; and .
• The mitt ation fond provides open space and wildlife habitat values.
9
• • • ~ e as a riculturai mitigation land if one or both of the two
A property ~s ~nel~g~ble to sere g
circumstances below apply. • • that le al or racticably
is alread sub'ect to easements or physics! cand~t~ons 9 ~Y p
} The praperd y ~ riculturai use.
prevent modification of the property's land use to a nonag ~ kind.
o e i currently encumbered by ~ conservation easement of any nature or
~2} the pr P rty
requirements of ~asernent ar ether instruments tiara
a ricultural land, all owners of the land shall execute the appropriate canervs .
TQ preserve g
al instrument. The instrument small be in recordable fora and contain an
easement or other leg ~ land. The instrument shat! prohibit
accurate legal description setting Earth the descr~pt~an of the •
• • ntiall ire airs ar diminishes the agricuEtural productivity of the land. The
any act~v~d that ubta Y • P there with the a r~culturi rn~ttgatran
instrument shall protect the existing water rights and retain 9
land,
• ' 'n anti a roved by the pity shall pay the costs of administering,
. The City ar a qual~fy~ g tY pp d beneficia under any
manitaring and enforcing the instrument• The City shall be a nacre .
Agenda Item 11.a.
Page 87
instrument conveying the interest in the agriculture! rr~itigation land to.a qualifying entity, unless
waived by the City Council. -
Interests in agricultural mitigation land shaii behead in trust by a ~uali~y€ng entity.andlortheCity In
perpetuity, .
If judicial proceedings end that the public interests described in this section of this chapter canna
longer reasonably be fulfilled as to an interest acquired, the interest in the agricultural mitigation
land ~n~y be extinguished through sale and the proceeds shall be used to acquire interests In
other agricultural mitigation land in Contra Costa County, as apprawed by the City ar~d provided in -
thischapter. -
if an uali ing entity awning an interest in agricultural ritigation lend ceases to exist, the duty to
Y ~ fY
hold administer, rr~anitor and enforce the interest shall pass to the City, '
Procedure For Transfer ~f Agricultural Credits
Agricultural credits ~riay'be transferred to any reddential pane of the City that has been identified
as a housing opportunity site in the Mousing dement Update {2~D3 Klausing ~lernent Update ~ .
1Norkshop X0,1-Mousing Issue Report, Approval by the City must be based on findings that
the transfer is consistent with the general Plan and provides for the permanent conservation of
the donor parcel a farmland, The transfer of agdcultural credits shall be authorized as part of a
development agreement and shall be subject to all City policies, regulations and cedes, ~inc~uding
the requirement to obtain development entitiernents far the receiver parcel. A development
agreement application shall include bath the donor and receiver parcel.
vUhen agricultural credits are #ransferred from a donor site, the corresponding acreage generating
the transferred credits shaii be maintained a farmland subject to conditions specified in the
farmland conservation easement deed restriction. Partial transfer of.allocated credits for donor
arcels may be allowed and any remaining credit alloce#aon balance shaii be rnvnitored until all
p
credits are transferred.
The number of agncu~tural credits which may be transferred to a receiver parcel shall not exceed
the maximum density range specified in the general Plan,
The Ci Council ma adapt rules and procedures it considers necessary to implement these
• ~ ~ Y all be
provisions to fac~~tate the transfer of allowable development. such rules and procedures sh
adopted by resolution.
Formation of Local Land Trust
Anew local land trust should ~e farmed, far example the fan Luis Obispo Chapter of the Land ~ -
Conservancy. -
+ r
Cn a periodic basis the Community Development Director shall publish a report delineaa~g the .
activities undertaken pursuant to the requirements of this chapter and an assessment of these
activities. The report shall list and report an the status of all lands and easements acquired under
this chapter, - .
olatian and enforcement .
Any person or entity who violates any provision of this chapter shall be deemed guiii of an
infrac~on and, u an conviction thereof, shall be punished by a fne not exceeding the maximum
P
prescribed by law, In addition, any person or entity who violates any prevision #his article shalt be
liable to ~e transferee of the property far actual damages. In an action to enforce such liability or
fine, the prevailing party shall be awarded reasonable attorneys' fees.
Precedence - '
Agenda Item 11.a.
Page 88
• ~
• ~
a ter shall take re~ede~c~e over ai! ardin~nce~ ar parts of ~rdin~nces or resoiuti~r~s or
-This ch p ~ .
pars of ~~soluti~n in coni~i~~ herew~t~.
-
-
. ~ Agenda Item 11.a.
Page 89
~ ~ r
A~~~N~E H
AR~~]~TURAL `~~1~1~ ~~~T~ 1~~
. Agenda Item 11.a.
Page 90
A~P~ND~x ~
Ag~ioult~~ t~~
~lee~~ng Lod
Date 1~th ~lern~r -
aro~ ~OO~ John Vl~arrick, fan ~.u~ ~bxpo oun~y Rod #rong
M
A r~oui~~re Teresa NloCl~h
~ ,
. Jiro Berman
arch ~ orre~ Marks, alifomia Regior~a! Vl~ater Rob Strom
i
Qual~t]~ ion#roE Board Teresa lllioilh
~ICn Bergman
Nlaroh ~ Raymond . Belknap end Bob The Rob Strong -
Land on~rvanoy of Ban Luis Obispo Teresa Molih
oun#y ~ Jim Bergman
X003 ~ ~ carol Roberts, The Tr~bu~ne Rob S#rong
~pr~l ,
Teresa l~ci~h
J~r~~Bergrnan
~~er1 central an ~Llia Rob strong
~l r~l alCO~~i ,
~ r@~ l~lrh
ReOU re onBrVatlon ~itr~~t, Tlmot~y Te
Duff, Tie 0~~! Conservancy, ref
~er~ ~~I'n ~~xg!'~~n
Oarc~, A~er~Can ~aC'I't"Iland Trust; .
Bruce Beaudoin, Bruce B~audo~n R0~ Strong
seoc~ates Teresa 1111c11sh
A
• ~ Jim Ber man
• n Joel Crai ,and Melissa Teresa McC~f~
A r~l ~ ~Dg3 Paul Alle , 9
~ Jlm Ber man
ufse, Air Pollufran control Beard ~
ara and dirk ~Cid~ell, Sari ~ Rob strong
June , ~~g Tory Gordon .
- ~ Obis o Coup lax ~ssesso~s ~ Teresa oCl~sh •
Luis ~ .
Office Jim Bergman .
-
. ~ Agenda Item 11.a.
Page 91
i
Y ~ •
i
APP~~~1 ~
YN~~~ ~ 1~~~`~iN 1~V~~'H ASR P~~.~,Ll~~~N ~~~F~~~ ~~TR~~"..
* y
' ¦
•
•
•
. Agenda Item 11.a.
Page 92
~ R
. ~
A~P~N~~~ ~ j
a sis oflVYeetin with Aar Pa~~ution outrol District Staff
~n A ril IO Teresa N~clish and ~ Bergan met with staff~ne~nbers Paul Allen,
Gael Arai and ehssa Cxu~se ofthe Air Pollution control D~stnct to discuss wind as a
variable in the agriculture Study,
overview afA~r Pollution control District and their data
The Air Pollution ~ontral District worl~s tv preserve c%ean air far alb .and to promote
communi and di~dua~ respansibi~ity fvr six quality through education. To carry out i
these vain the district staf~'on~tor the air quality, reviews land use pra~ects, devclops
g ~ 'Plan
and enforces rules and regulations, issues permits, and creates along-tern glean Air
e coon . The Air Pollution ~ontral District is the primary agency respansiblc far
far th
`evin clean our standards established by. the California Air Resources Board and the
achy . ~
~nvironrnental Protection Agency.
. ~ 'stnct's rnonitorin ro is based u on a series of
'The Air Pallut~on ontrvl g P ~ ~
weather sand wind monitoring stations in representative areas throughout the county. It
was stressed to us b the staff that the data that camel from these.rnonitoring stations
Y
should onl b used for general trends due to the fact that tapQgraphy has a huge
Y
~uence~ on wind direction and speed at the site specific or rnicra level With this caveat
~n raver beach
in mind the staff resented us with quarterly wind Rose data from the
p .
rnanirarin station, The wind rose data can be best sun~unart~ed as: .
g
atel ~ ercent of the tune wind came frvn~ North, Nvrdi-
11114~ 31 1142 Apprvxrn y p
North~ast and North fast, and I ~ percent ~rarn the west, and Pram all compass pants
durin the reainin ercent of the time. The strangest winds arigulated from the
g p
west,
4111-~Dl~~ A rvximately 25 percent of the tune wind came from due west, lD ~ . .
. pp . .
ercent Pram the hest-forth-est# and #ra~n ail compass points du,~ng the rerna~run~
~
ercent of the t~rne. The strangest winds or~g~ciated from toe west.
p
1 - ~1~~ ~ A roacrmatel 2 ercent afthe tune wind came from due west, l0
orn the west-South-westt and from ail compass points durrng the remain~ig
percent fr
ercent of the time. The strongest winds originated from the west.
p
- roximatel ~ ercent afthe time wind came from ~Iarth-Narth-
l ~1114~ 1 X13 l 1~2 App y p
Bast North fast, and fast-I~arth-fast, ~ 0 percent from the hest, and from all camps
pints Burin the rernair~n percent of the time. The strongest winds originated from
P g
the west. .
_ Agenda Item 11.a.
Page 93
. .
Xn addi~an to these seasonal wind patterns, we were informed that the wind fiends to shift -
thtoughout.theday in the bounty ofan l~uis Obispo and especivily in the South bounty
due to the proxi~i~y of the Pacific ocean. ~'he general pattern ~f this diurl wind pattcrn
sees calm mornings, winds frori~ the ocean in the aernoon, and lesser winds from the
laid to the ocean in the e~renin ~ .
Agriculture ~te~ated uggestivns from the Staofthe Air paltudon control ~]istrict
smart Parnain 4 - -
Thecons - t of smart fanning was brought to the table. smart farming is band upon the
idea that it~is in a farmer's best economic and social intcrest to avoid certain practices
such as watering, disking; or applying pcsticides during ine#icient ~ti~nes based upon
scientific data and~resech.
Bu~`er
The concept ofbuers both physical and spatial was discussed. It eras the opinion ofthe
stamen~bers based upon our program goals and physical and topographic
characteris~cs that taller and variably height physical buffos would be best choice far
ph~rsical biers, while spatial buf
hers should cans~st a~' uniform b~u~dar~e #hat ignores
wind direction and is flexible enough to dcal with all passible situa~ons. -
-
_ . ~ Agenda Item 11.a.
Page 94
a
F~EoLUTION No.
PACE ~ ~
~EOLUT~oI~ No.
A RESOLUTION ol~ THE pI.ANNIND DolII111~1iloH of THE CITI~
- A~RO~o GRANDE RECOI~NIENDINC THAT THE.ITY oU~IDI~. DIREDT
TIDE P~EPARATON of AN oRDINACE AHD EoI.UTlolll
- IMPLENIEIVTATI~ID RECOI~lI~ENDATONa FROI~I THE REPORT old THE
CONSERVATION of ADRICUI~T~RAi. RESOURCES ~oR THE DITY of
ARROYO GRANDE
1~IHEREAS, on January 1~4, ~oC, the City Council adopted ordinance 53fi vuhich
irnpfemented a rnaratoriurn on the acceptance of land use applications that seek to
develop parcels containing prime farmland coifs and directed staff tv prepare a study to
determine impacts of such conversion; and
I~VHEREA.- a puf~lic workshop was held on Nlay 8, ~~OS and on June ~ 7, Judy 1, and
July ~ public Bearings were held by the Pfanning Commission to discuss
citizen concerns ahd draft alternatives; and
V1~HEREA, t#~e Planning Commission has reviewed and considered the information in
the J4epor~ an the onserva~iorr of A~ric~r~~~~a~ Reo~rc~s ire Arroyo rar~de, as well a
public testimony presented at tBe hearings and make the following findings:
A. Proximate prime agriculture within the City of Arroyo Grande is integral to the
character of the community and directly affects the pity's economic and
historical significance;
The pity has demonstrated a long t~errn commitment to agricultural preservation
through long-range planning, general plan policy, zaning~ the right to farm .
ordinance and commission of tie oordirrafed ,4r~ol~t~re Support ~oy?r~rn
study;
C, Allowed devefoprnent of prime farmlands have historically and persistently
caused the eventual conversion of nearby or adjacent parcels to non agricultural
uses v~rhich in tur~r a##ect additional develapnnent pressure on other agricultural
(ands,
D. Gperating farms have not been consistently or adequately protected through the
dedication or maintenance of agricultural buffers;
E. The 2001 general Plan requires Development Code revisions to ensure the
adequate review of land use proposals, the appropriate findings of fact and
adequate ~ conditions and mitigations;
Agenda Item 11.a.
Page 95
~~S~LUTI~N 1~.
PAGE ~ F
1=, uooessful a~riultural easement pragrarn exist in co€~parable ca~nmunities
that secure funding and acquire. agriculture! easements far long terra
preservation;
. uocessful programs exist in comparable corr~munities that promote agri-tourism
and agri{enterprise operatian;
y
NO~III, ~H~RE~~R~, B~ IY R~S~LV~~ that the Planning arr~rr~issior~ of the pity of
Arroyo Crrnnde, alifarnia hereby recommend the fo!lov~ing for pity council
consideration:
1. Pre aratian of are ardinance to
i. amend ectivnl ~.~4.~~4 creatin a agricultural b~ overlay
dis,~ ~f 1 f eet ara~un~d Ali, a~ r is des Hated a d, za~ d
aarrcultur~•
ii. amend Section ~ S.~S.1 G,~4~ and .1.5~2~.D~0 t~;incorpora~,e
ex ended findin s for rezvnin applicat~ans and subdivisions as
. outlined in Ex~ ~l ectian I~l•
iii. amend Section to revise alla~vable_,se in
agriculture! distrit~•
iv. amend ~ ~8.04~ to re_ vise ~eveio meat ode standards
v, amend ec#ron ~5.~~ to inc~luder miti anon requirements a dd
additional huf#er re uirer~ents for ro ased devela rnent in
a riculture distr~l and
Pre aratian of resolution t~
i . lnitla#e general Plan rr~end~nent~s~ to reconsider and resolve
lnconsltencie between policies ~rithin the Agriculture ar~d
open space Element, Ecanornic E#ernent and Land Use
Eier~ent and the general land Use map
i ~ . Develop an Agrioult~re onaervation ~aernent program and
dlree# tafrt t~ outline funding and process for cqulring
Agriculture cor~erva#lon eaernents
i ~ . orl~ with local Farm Bureau, han~ber of omn~rce and
Agenda Item 11.a.
Page 96
RESOLUTION No.
PAE~oF
other orgarri~ation ~o dov~~op air Agricultural Enterprise
grogram ~o promote acrd benefit Ioal agr~~ulture .
On mot~an by , seconded by ,and by
the folio~ving roll Dell vote, to unit: -
AYES:
NoES~
ABS~I~T:
the forego~r~g Resolution uva adopted nth day of February, ~~02.
ATTEST:
Lyn, commission clerk Jirr~ Guthrie, chair
A To ~oNTENT:
Rob Strong
arnmunity Deveioprnent ~~rector
Agenda Item 11.a.
Page 97
ATTAHI~~NT 2
~
~D~ c~~~
~~a ~a~c•~~~~c ~t~~~c
D~~
rDf ~r ~~Q~~7~,
~ a~
~L
~ ~E~aa~~~ Lai
c
I~~~ ~~N~~~
~ ~
~D~ ~ ~~4~L~~~ ~
~ ~
~~~~Q~~ gyp, ~
~ ~ ~ ~ ~ O ~ ~ N ~ ~
~c ~ ~ ~ c~
a~~ ~ ~ ~ ~ ~ ~ ~ro
v,o ~ ~ o~~m~ ~ o L ~ c~~
~
~ ~ 7~~ ~ ~
~ ~ ~ ~ ~ ~ ~ G ~ ~ D ~ ~ ~ C O
i3 ~ O
~ ~ ~ ~ p ~ ~ ~ ~ C ~ ~ ~ ~ •y ~
~ ~ ~ ~~{3C ~7~ ~L ~~?N N
V) ~ C ~
~ ~~a 'Q ~0.~ ,ate
~ ~ ~ W 7L ~ 0~ ~ 4? Cy ~ G?
~ ~a t~r~°c~o~ ooh °~om~~`~-~$' a
~ _ ~ ~r~~~~~ tuba
~ ~ ~ am~~,a~ ~a ~ ~
r L ~ o cv
~1 ~ D ~ ~ ~ ~ ~ C ~ ~3 AGO II ~ C+7
O - ~ ~ ~ ~ ~ C ~ ~ ~ ~ C L CWr ~ ~ II + ~ p
~ ~ ~ C~ ~ .l~G ~ ~ Lam] 0 ~ C ~ O ~
~ •a o
a
~ ~ j ~ ~
~ J ~
~ ~ ~ ~ ~ ~ ~
~ '~W~ ~ o o o ~ ~
~ _ ~ ~
~ C'? ~ C] C~ C? ~ U ~ U CU I°
gen a em .a.
Page 98
EG
~ ~ ~ ~ C ~ ~ ~ ~ N ~
L~ pp ~~~Q3G
C~ N~~ ~~~v} ~
L~ 3 ~ N ~ C ~ 'C C ~ ~ 47
Q7~ ~ ~ L
~ ~ O ~ C O
•a~ Go~a,~-+ma
~~GU~
~ L~~CC~O
~ C?
~ 0~
~ C ~ ro ~ GC~~ ~ ~ ~,D ~
pa ~ ,~C C~a7L~C
~ ~ ~ C ~ ~
O G Q ~}~O=t ~
N ~ ~ O.c~~CV U~ v~~ ~
~ ~ ~ ~~~h~_I ro~~
~ ~ ~ ~
~ 0
~~p•cG L~~ ~C
vN~~~ ~ ~a'~~ U
~ ins ~r~~ ~i~ ~
~ ~ ~ ~ ~ ~ ~ CFA C ~3 ~ ~
~~~~C ~CC~ ~ ~
~ G ~ C ~
~ ~ ~ ~ ~ 0~ ~ q~~ v? ~ 4i ~ ~
F~
~~~~v~j ~
a ~ C#, ~ ~ O ~ ~
~c~•4c~ ~G°q ~c~ ~a ~ ~
f
~~~~rE ~~a~a ac~~~ ~a ~ C~
C ~ C ~ 4) ~ C G+r ~ ~ ~ ~ C ~ t!? 0 C ~ 4? L
~m~~a a~~~~ ~ a~~_~~ ~
a~c~ccc~ ma~~~' ~~~~~ar~~~a ~
i.+ .
~C~Q~~~ ~GG~C~~~~~
a ~ a a r~L aa~~ a
0
L ~ a a
~ ~ ~
C ~ ~
~ ~ ~
LJJ V] C7 ? _ ~
~ 0 O O D O O 4
~
~ C~ ~ C~ C~ U U m U
Agenda Item 11.a.
Page 99
~ c ~ ~r ~ m o
~~4cA ~ ~ ~ rJ ~i~C
47~ rNi~'~C~ ~ ~ ~Cy C0{V~'~
~ C L C ~ C ~
~ ~ ~ ~ ~ ~ ~ C ~ ~ ~ ~ ~ ~
~ ~ ~ Q?.a C fir" ~
~ F ~ -Q
G ~ ~ ~ ~ ~~Q a ~ ~ ~ G? ~ ~ Q~~~
~ ~ ~ ~
~ o~
GD ~~O ~~1~~~. O ~~C ~ ~p~
~O~O~ ~C C ~,~7 L R~~~
O
~ ~ +a
~ ~~~~L~ ~L ~ ~~C ~ ~,4?
~d.~i ~i3~d,0 Liti3 CN ~ r~*r{~ ~4?~~
~Vk~~~ ~~~i~~4i ~ 4~~ Q~~~~
moo= ~~n~'m~o~ ~ v~o,
~ ~ ~ C ~ ~r ~V ~ ~ ~ C~ fly ~ ~ ~ 4} C~
~4~ ~.CaN r QC~ ,Oct L?~
O~~ ~~OS~~ ~ ~ ~ D~~ d?-
~~ro~~ c ~ c~c~
NCO ~ U ~ ~7~~~
Q
~
p
~ ~ G 0 ~ ~
a~~~m ~ ~~m ~ ono ~ u~
~~~~~r~~~ ~~a~~~ ~ ~o~n aEo~
o ~v~a ~ ~ ~~o ~~~m
}CL4 N~ipp Ep±r~~ C ~C ~
4} N
~ ~
~ ~ C~4~q~~'CN
' ~ C
G ~ ~ ~ ~ ~ ~ 4
~ C ~ C L C ~ C ~
.fib ~ O 4~ ~ O ~ C
~~~0 0 ~ ~ oap ~ 0 ~
~~~U c~ ~ U~? U
gen a tem .a.
Page 100
~ ~~~C 43
~ roa
o ~~~~~~c°v~°~~~ a~~~
cG ~ ~ p ~ ~.Q
~ ~ ~ a. roar
~ ~~~Ntli~ ~ ~ ~ ~ ~ ~~4}~
~ ~ ~~~CC4 ~ U
C+~,_~
~ ~
~ a ~ ~ ~ ca ~ a~ ~ ~ :ter a c~ ~~,a
o~ ,.arm ~ r~~'~ui~ ccaa r=-' m~ ~.~~c~L
-c co~a~ o~'E°~~,-~m~E~=o ~ a Ea-~~ro
p~~~E 4~~C~C~~~~~t ~
O m ro ~ _ v m rn _
~ p~ p N m ro~~ ~ U ~ m m p ~ m
off' ~`~~~o ~~~~~~•~a°~r~ r~a~~~ a~~ro~'~
~ a~~~~ ~c`a~m~,r~~~ ~m~~u c~~~~a
m~~~a ~o~`~~~~o~ ~ ~ ~v ~~~m
~m~ro~ ~~~~N~~LCro~ ~m~~ C~~~~~
aka ~~mEL ~~~~m~i~n~~~~ ~~~am~~~
a._~ ~a~~a~ ~~_~~m~~mr rn~ -a~~~c~~a~a~ c~a~a~
•c ~c*~ ~~aE~~~ r~m~- ~ ~o~mo~~.m~c~
o ~
_ o ~ ca ~ a - L ca co ~ ° '
m m mom cv ~E~ c~~c~~~rom
a~~cro,~ ~~m`~~ a~~~~ ~ m a ~~m
~7~ ~~3~E ~t~~CO~Vi.~mO~~.~` ~17~~C~~,~~~~~~a
L,h~l ~ 3 CTS p~p C - ~ ~ ~ ~ ~ ~3 ~ QC ~
C ' ~ ~ ~
-o 'c~, acs v~m'•~mLro Ea mmo
O ~ Nr ~ ~ t~ ~ O ~ ~ r~ ro~~
p a ~ ~ c
~ ~ o
o E ~ ~
~ U U){~ ~ ~
gen a tem .a.
Page 101
~
~ ~
+1~~p~ U~ 'Q
~ Q ~
~ ~ C ~ D ~
C'C~~~
~~L4{~~~ ~~~~.~C
~ of ~'C C~ i~ ~
~~~i~~''~ ~~~V~L~~
C ~ AFC ~
~.~~~C~ ~p~~~~
~ ~U
C ~ ~ ~ ~ ~
~ ~
C D`~.~7~
~ a~~
~~c~ .ern ~ ~.~~c~~
a~~~~~~~ ~~~u~E~
C N ~ wQi
~1 ~ C ~
~ C5_~~~
~~~~o~c L~~r~~~~~a~
_ _
~ ~3~ ~ ~ ~ ~ ~ ~ ~ ~ ~
~ - C Va N ~
~ ~
_ C ~
~~~~3~0' c~~~i~~~~~~
~ C ~ Q~~ ~ U? ~ ~ ~ ~ ~
~ c ~ ~
~J}
'O C 0 rp}~ ~~~W ~
~ w ~ W~U~~W~~m~
Agenda Item 11.a.
Page 102
~ INCO~PORAT~D ~
ti ~
T~, CiTY C~U~IC~L
FR~~I: TEIIEN ADAI~I, CITI~ ~IANAER
SUBJECT: ~NIDERATI~N ~F CITY POLICY AND REULATI~hf
REARDIN PLACEMENT ~F BAI~ETBALL H~~P IN THE
PUBLIC ~I~HT-~F-VI~AY
DATE: JANUA~iY 2~, ~~48
REC~MMENDATl~N:
It i recommended the Council direct staff to continue with the e~cisting practice
regarding regulation and enforcement of basketball haaps in the public riht~of-way,
FINANCIAL IMPACT;
There i no financial impact to this recommendation. There could be a significant
cost if staff were directed tv establish a permitting process for basketball hoops in the
public right~of~way.
BAI"CCR~UND:
At the December ~ 1, ~Og~ meeting, Council Member Arnold requested staff present
options to the City Council regarding regulation and enforcement of basketball hoops
in the public right-of-way, It is staffs understanding that the request gas in response
to a citizen complaint received regarding an er~forcer~ent action involving a
basketball hoop illegally left in the street. A copy of the complaint is attached.
Under current practice, staff has classified basketball hoops as an abstraction
prohibited in the public right-af-way under Municipal Code section ~ 2.08.~~ g,
obstructions in the public right-of-way ere also prohibited by the state of California
Vehicle Code. However, the current practice of the Neighborhood services program
is to enforce these violations only when the basketball hoop is left unattended and a
complaint i received or when the basketball hoop is placed on the sidewalk and
legally required ADA clearance is not maintained. A copy of the initial courtesy notice
that i sent to a resident in response to a violation is attached.
staff has also initiated proactive public education regarding this issues An article was
included in the January D~4 issue of the tagecaach E~cpress. A copy i attached.
Agenda Item 11.b.
Page 1
fTY oUfVfL
OofVfDEf~ATION of CITY f'oLI~Y AfVI~ REULAT~oN REAf~DIfV
PLAEMEfVT of ~A~{ETBALL Hoof IIV THE faUBLI RICHT~o1=~V1~AY
JANUARY' 22, ~~DB
PAGE ~
Also atkached is an informational brochure that has been distributed to residents and
neighborhoods where basketball hoops are prevalent on streets and sidewalks.
The purpose of the public education program has been to seek voluntary corr~pliance,
but staff believes its success has been limi#ed. The Oity has experienced a
proliferation of basketball hoops in the public right-of-~vay over the past dear. The
Neighborhood services Division has responded to ~ complaints in ~00~, but a
recent field survey conducted for the purpose of this report indicated that there are at
least Gb basketball #~oop currently existing throughout the community either on the
sidewalk or in the street. The picture of Hillside court in Attachment ~ is typical of
many locations. In discussions with other city managers, it is also evident that this is
an issue that many communities are struggling with.
ANALYSIS OF fUE:
Through the League of California pities, staff conducted a statewide search of city
regulations and enforcement. The majority of cities responding to the survey
indicated they are utilising an approach comparable to the pity of Arroyo Grande.
Only three communities responded that basketball hoops are allowed in the public
right-of-way under certain circumstances, These include Pleasanton, V~loadland, end
Rocklin. dome cities indicated they actively patrol and enforce restrictions, such as
Perris, Victorville, and Stockton. All three issue citations and Victorville and Stockton
remove the baskets at the owners expense when necessary. However, mast cities
responded that they are not allowed, but enforcement i limited to response to
complaints.
A number of issues have been identified regarding basketball hoops in the public
right-of-gray:
• if not weighted properly, they can fall over in windy conditions, causing injury
and damage to vehicles. staff is aware of two that have falCen over recently.
Fortunately, no damage has occurred.
• They can restrict access of refuse trucks, street sweepers, and emergency
vehicles.
• When placed against the curb, they restrict drainage and can cause ouster to
flow into the vehicle travel lane andlor cause dar~age to adjacent properties
• They can reduce andlor restrict access to parking.
~ Encouraging recreational activities in the street can increase the risk of
accidents and liability on the part of the pity. In response to the pity's inquiry,
the California Joint Powers Insurance Authority ~JPIA~, which is the insurance
pool the pity is a member of for liability coverage, recommended against
allvv~rMng basketball hoops in the public right-vf-way, vvhen paced on the
sidewalk, they restrict pedestrian access and may create an ADA violation due
#o inadequate wheelchair access.
Agenda Item 11.b.
Page 2
CITY CoUNIL
oNSIDERATIoN of CrTY Po~.~CY ANA RECULATIoNS R~ARDIN
P~AE~ENT of BASKETBALL HooPS IN THE PUB~I~ R1HT~oF-INAY
JANUARY ~2, ~~~8
PACE 3
ALTERNATIVES:
The following alternatives are provided forthe Council's consideration:
• The Council may take no action and direct staff to continue with the current
practice.
~ The City Council mar direct staff to develop regulations similar to those in place
in Pleasanton. The City of Pleasanton allows basketball standards under the
following conditions:
o is placed along the resident's oven lot.
o l# is placed where vehicles can legally park.
o The base is placed within six inches of the curb.
o It must be moved when street maintenance requires "no parking"
o I# does not create a situation where the owner i forced #o park hislher
vehicles in front of other homes due to the placement of the standard,
o l# i not placed too close to an intersection.
o It is not planed in an area determined by the Code Enforcement Officer or
other official to b a hazard.
• The pity may direct staff to prepare an ordinance requiring a permit andlor
liability coverage for placement of a basketball hoop in the public right-of-way.
• The City Council may direct staff #o prepare recommendations for a more
proactive enforcement program,
~ Provide direction to staff.
ADVANTAGES:
The current practice responds with enforcement in a responsive, yet customer
friendly manner, when problems exist as determined by residents of the
neighborhood, ~nforcer~ent activity is manageable with existing resources and limits
liability to the City. Allowing basketball hoops in the public right-of-array would
increase the problems outlined above and create significant liability to the City if a
child was injured during recreational activity in the street, requiring a permit would
create a staff intensive process, which would likely result in either significant liability
to the City andlor be cost prohibitive to the resident, thus resulting in an even r~ore
difficult enforcement situation.
DISADVANTAGES:
Prohibiting basketball hoops in the public rih#-of-array reduces positive recreational
opporkunities for you#h and adults in many neighborhoods that have no convenient
location for the hoop on their property or convenient access to a City park. At the
same time, by limiting enforcement, proliferation of the basketball hoops is likely to
continue, resulting in many of the problems outlined above.
ENIrIRONMENTAL REVIEVII:
No environmental review is required for this item.
Agenda Item 11.b.
Page 3
~lTY CoUNIL
oN~DERATioN of CITY PoL~Y AND REULATION REARDIN
PLAEIENT of BAKET~A~L Hoof ~N THE ~UBLI~ RiHT-of-VI~AY
JANUARY 2~, ~0~~
PACE 4
PUBL~ NoT~~IATION AND ~oI~I~ENT:
The Agenda vas posted in front of City Hall on Thursday, January ~oo~ The
Agenda and report ~rere posted on the pity's website on Friday, January ~
No public comments ~rere received.
Attachments:
1. citizen vmplaint
Z. amble courtesy Notice
stagecoach Express Article
Educational Brochure
5. Picture of drove court
Agenda Item 11.b.
Page 4
ATTACHMENT 1
From: Carl Artopoeus
Sent; ~la~?day, October 15, ~DD712:32 PI~I
To: 'earnoldarrayagrande.org'
~rbject: Basketball hoops in public right of way
Mayer Pro Teri Arnold,
Below, in italics, is the City of Pleasanton's basketball hoop rules -these seem to me
to be a gaol blend of public safety, aestheticsr and most importantly encouraging far
healthy exercise far young people,
As background info, because of a recent incident that caught my attention, and after
reading the current "flyer" that is being given out by the City titled "Basketball haaps
in public right of way'" which specifically states that the "City has adopted a policy
that discourages the use of basketball hoops in the roadway". In doing some
research on this issue, there are instances in other cities where the first step has
been the banning of hoops in the street, this has led eventually to a total ban of any
kind of children"s play being allowed in streets. This has many detrimental effects
bath to the Individual children, as well as the cor~rnunity at large,
As I reviewed various c~tles policy's toward this Nssue, there ~s a very wide latitude in
opinions -ranging from no rules whatsoever, to total prohibition of any street play
including running around, ball play, catch, tag, riding a bicycle without a
destination, etc}. I believe the Pleasanton rules seem to be the best camprarnise for
a cor~rnunity.
}
This is an issue that I am considering pursuing for the quality of life and health of all
of Arroyo Grande's youth, I would appreciate any thoughts or guidance you might
have on the subject
~~easanton
The, fo~Iowing is a fist of conditions ~y which a resident of the City of Pleasanton can
~~ace a hasketha~~ standard in the puh~ic right of way ~ . 04. oS~~
- Placed only along the resident's own dot
- Placed where vehicles can ~ega~ly~ark
- the base is paced within six inches of the curb
- ~t must be moved when street maintenance requires "no park~'ng"
- Does not create a situation where the owner is~ forced to park hislher vehicles in~ront of
other Karnes due to the p~ace~tent of the standard
Is not p~a~ed too chose to an interse~tior~
- ~s not ~~aced in an area which is determined ~y the Code ~nf
orce~ent er or other
city off ciao to be a hazard.
This violation is investigated on a complaint basis unless a puh~ic safety concern is
identi red. ~ violation is citable throug~t our ~4dministrativ citation ~rogra~n. ~'he f
list
violation caries a f
one of $104.
Thank you,
Carl Artopoeus
Agenda Item 11.b.
Page 5
1 1 ~1~~~~ 1
M
I
Date:
Address:
Subject: Violation of Arroyo Grande i~llunici~l bode ~~.~8.~1~ o~atructi~r~s
of right of way
Dear ~esidentl Property owner,
The purpose of this letter is to inform you, the property owner, that the pity of
Arroyo Grande is addressing the municipal code violation at your property. vlJe
are requesting your immediate assistance to bring your property into compliance
with the Arroyo Grande municipal node. The specific code requirements which
you are in violation of area
~ ~.~8.~~ 0 obstructions defined.
For the purpeses of this chapter, "abstractions" means and includes
vehicles, or portions thereof, machinery, barrels, boxes, building material,
and all ether things, which ~rould be liable to cause `rnjury to pedestrians or
vehicles and to the drivers thereof in case of being collided with. Prior
code l-.D~ ~
1 ~.0~.~~0 Locations restricted.
The directorof public ~rerks shall not grant permission to place ordeposit
such obstructions in those portions of any public street highway, ~allCway
or sidewalk cutorr~arily used for the purpose of traffic, but such
obstructions in all cases shall be placed er deposited adjacent to the curb
er in such place that it will be the least li~Cely to obstruct traffic or endanger
life or property. ~~rd. 5~ ~ apart}, prior code 7-.g}
1 ~.Q~.~~~ '~ioiations--ill isdemeanar,
Any person whe shall violate any of the previsions of this chapter shall be
guilty of a misdemeanor. In addition thereto, every such person shall be
Agenda Item 11.b.
Page 6
liable fora!! damages in the event of injuries to persons or property as a
result of such obstructionsi Prior code ~-,0~4~
Description:
The portable basketball hoop, skate ramp, or other obstruction in front of your
house is in violation of the municipal code, There are multiple concerns with
basketball hoops or similar items that are left unattended in the public right of
way. These concerns are as follows:
~ . Top-heavy hoops pose as a collapse hazard in windy weather. The
portable basketball hoops are of such size and weight to be capable o~
causing injury to pedestrians ordamage to vehicles,
basketball hoops lirnit the mobility of large vehicles such a garbage
trucks and emergency response vehicles, afire apparatus ~ ambulances}
, obstruction of rainwater and collections of debris can occur where such
items block the curb.
4. items left in the street occupy street parking spaces.
vllith your cooperation we can avoid further considerations for enforcement and
maintain the beautiful character of the cornrr~unity. If you have any questions
regarding this matter, please do not hesitate to contact the Neighborhood
Services coordinator at ~~05} 4l ~-~4~1. Thank you in advance far your
anticipated cooperation.
Sincerely, Neighborhood Services coordinator
Agenda Item 11.b.
Page 7
~TT~~~~ 1 J
FAGS 2
I ~ B
~
One of the top priorities of the City Council is a strong business
assistance program, particularly focused on s>xtall businesses The program
is important to maintain a vibrant business community that will enhance It's time to clear
the economic vitality of the City, to protect and.enhance employment, and your throats, practice
to meet the re needs of the cvrnmunity. Utd~ang Federal grant funding, your dance moves, ~
the City has partnered with the South Central Coast Small Business
Development Center ~58I~ to p~vide fire business technical assistance and polish up your E
and workshops to business owners. The same funding is being utilized to best jokes because ~
provide a fade improvement grant program. the 25'"Annual f
The City has ai,~o taken several steps to coordinate its planning efforts Arroyo Grande
with the focal merchants, particularly projects focused on E. Grand Avenue Talent dhow is just around the
and the Vtllarge. The Redevelopment Agency has participated in joint corner! The Arroyo Grande Perks,
public-private pra~ects to encourage new business development along the Recreation and Facilities
E. Grand Avenue corridor. Plaza and landscaped areas are being Department invites people of all
encouraged in new projects to compliment the new streetscape ages to share their talents and have
enhancements. View on-street parking is being created an E. Grand Avenue a great time. Vie welcome all
to both increase parking far businesses, as well as to serve as a buffer dancers, singers, comedians,
between vehicle and pedestr~arl traffic, while a comprehensive parking musicians, and other acts to
improvement plan is under devvelopent for tht Village. In addition, t~ew
design guidelines have been adapted for the Village and are under audition Tuesday, February ~ and
development far E. Grand Avenue. Thursday, February nth from
For more inform~don, contact the Ciry's Community Development 7:00 p.nt. to 8:30 p.m. Practices
Department at 473-42U~ far the show wik be held 7"uesday
and Thursday evenings beginning
- greatly appreciates the public's on February 1Dth from 7:OD p.m.-
assistance regarding this issue 1:30 p.m. The March nth show will
' thro~igh voluntary compliance. If you begin at 7:00 p.m., with doors
~TA~~ have questions, please contact the opening at :3D p.m. All auditions,
City's Camrnunity Development practices, and the show will be held
BA~T~A~i, COOP Department at 4?~-42D. at the Ci of Arco a Grande and
tY y
Basketball hoops Woman's Club Community Center,
provide an excellent 21 I Vernon trect. Admission to the
0 ortuni for ~ ~ 11~
Pp show is ~ 1. ~0 for children under
recreation and ~ hoe and X2.0 far 6 years and aver.
exercise' ~emf°m, For mare information, Ball the
the Ci su orts
tY pP Arroyo Grande Parks, Recreation
their use and does not The Fire Station Expansion and Facilities aFficc at ~?3-~47C,
regulate their Project, funded by approval of the
placement on private November 2002
property. However, bond measurc+ is ~ "Easy ~rai~~'" c~?tr:~r~ed jr~r~t Page 1
the City does ask that proceeding on The streetsca a enhancements
portable basketball schedule and within P
hoops oat be budget. Bricklayers were the result a1* a comprehensive
permanently stored on public have completed the planning effort, which included
property. vUhen left unattended on extension to the rear extensive public input. The
the street, they may result in a apparatus bay and az~e nearing objective of the final design was
traffic hazard. When left on the completion of the mechanical shop to make the area more "pedestrian
sidewalk, they restrict access and and storage building. Framing fur friendly, while not negatively
violate Federal American with the second Hour addition will begin impacting traffic flow. The City
Disabilities Act DADA) regulations this month. Cvmplction of the appreciates all public input that
regarding wheelchair access. City project is expected in May 20(l~. was received and especially the
Code Enforcement is primarily a Once complete, the existing cooperation of local businesses
corr~plaint-initiated program. temporary offices and dormitory that have been impacted during
Therefore, the City requests and will be removed. the construction period.
Agenda Item 11.b.
Page 8
ATTACHMENT 4
' CITY OF
~
•
'CALIFO RNIAJy 3"{'
f ~ -3. .iii; ~
~ -
BASKETBALL HOOPS IN
PUBLIC RIGHT OF WAY
- Information Regarding Basketball
Hoops, the Public Right of Way,
and the City ofArroyo Grande
City of Arroyo Grande
P.O. Box 550
214 E. Branch Street ~,-_'""1
Arroyo Grande, CA 93421 i~
(805)473-5420 ~
:f . - J '
Neighborhood Services Coordinator
214 E. Branch Street
Arroyo Grande, CA 93421
(805)473-5437
Agenda Item 11.b.
Page 9
- ir~~ar•rrr~rf~n~r rc~,r~r•~~r'fr, ~~rtsi~Pc~~~rul~ Jroo~~s, ~1rc pr~~~- }1~~ I~
arc r•r~1r1 ~J~~~~~r~~, crrrc~ ~"Jre i~j~ o~Arro~~o Grcrrrc~e
~luni~xpai Code Provi~ans! The ~uhli~ Right ~f I~Vay
Liability issues and public safety require the pity ~ "Right-of-vUay" means a strip of land ac~
to address the basketball hoops in the public qulred by reservation, dedication, forced dedi-
right-of way, cation, prescription or condemnation and in~
tended to be occupied or occupied by a road,
~ 2,08.010 bstructior~s defined. crosswalk, railroad, electric transmission lines,
l~or the purposes of this chapter, "obstructions" ail or gas pipeline, water line, public sanitary
means and includes vehicles, or portions thereof, storm sewer, and other similar uses.
machinery, barrels, baxest building material, and
all other things which v~rould be liable to cause in- The streets and sidewalks of ~Irroyo Grande
jury to pedestrians ar vehicles and to the drivers are such publio rights-off way and are owned
thereof in case of being collided with. by the City and used by the community. The
streets and sidewalks must be free of non-
By having obstructions {Basketball Hoops in permitted obstructions, such as non'permitted
the publio right-of-way you are in violation of dumpters, debris, as well as basketball
the City's Nlunioipal Code and subjec# to en- hoops, which can be a hazard.
forcement. It may oleo oreate a violation of
Federal ADA laws by eliminating the required
wheelchair access space. Ba~cetbal! Hoops and the
City Right of V11ay
What fan You poi
Basketball hoops in the streets and on side-
Ta ensure the safety of the community and to walks are potential safety hazards for the
prevent any accidents or damages, basketball players and can become hazards for thane
hoops should be placed an the forward most por- using the streets and sidewalks. lUlatarists, bi-
tion of the driveway ar other similar recreational cycles, strollers, pedestrians and wheelchair
areas where the entire basketball hoop and rec- uses must be able to travel safely withau#
reational area is an private property and not on having to travel around basketball hoops or
the public right~of-way, other obstructions in the r'rght~af-way. service
T.~~~ -.w Not Allowed £x~.{r~~a~~,Y~,.4;- vehicles such as garbage or other utility vehi-
~r„
9.~N; Y'.. ~ ~ f ~~r
-S~ Iles, can also be adversely affected by hoops
Irl the travel way.
` ~ ~ The City has adapted a policy that discour-
ages the use of basketball hasps in the road-
. ~ ~ way, vVhen the pity receives a com Taint
P
°;#:r~~:.:~~~~ from a resident ar other user of the right-af- .
ways, staff members will inform the resident
Allowed and the ro ert owner if a licable
P p Y { pp y by ask-
i+
~ ; ~ ~ ing then to rerrrove the obstruction.
F~ ~;1
. 1
_ ~ , j
a ~C r
w h~,f 1
Agenda Item 11.b.
Page 10
}
e
R ~ ~ #
s ,
V
~,j ~ 1~
A t
k ,
k
~'N r
- ,,3;
f
~L~r2W i
~n2la~
t ~ ~y '
;u i
al ~ ' ~
~f~h
I
u
r r,
~
L I~{
1 r*r
q..,~.,f
II , 'r4
1 r I
i
r
i.
n
N
~ i
+ ~ ~ r_ ~
'
~
t%
w
'
.,Y f ,
~ °n . , 4
s.,.r ~ ~
d it ~ y.
't ~ ~
f'
~t
l
F ~ ~ 'a
e~.
r ~ w~
k» sg
`,m ~v.,,r-w ,~w
f .y
t
l,' ~ r~~~ddcR
'
~,t G, ° G
F x yi"'~i~.t" ~ k c9h h-.
~
t N +Y~ ~i~ ~ ~
x
~ t
t
H
{ ~ r
F
,y~~..
u
~?4r
5~., ~
a
1,'~
~ ~ '
.taw„r yr t~
~ ~ iaba j ~
y,.,~ . ,
~ ~
, r _ , t
~ ~ ~ t .
• yr.". `
# ,
~ r,~ ~w
"
~ti
of r ;
_
ti Q
r , }
ti
` 1
~ ~ '
>
e,,..
~n
N - ~ s
" ' r
v ~ n
~ ,
it ~ ~ ~
~ ? +3 ~
s
i
Z!
'M
a,
t
+ „
r
to
~ ~ ~ _
4
~ ~ ~
€ " ~
a ~ .
Agenda Item 11.b.
Page 11
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 11.b.
Page 12