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Agenda Packet 2010-11-23Z C ity Coiuicil Tony Ferrara, Mayor \Chair Jim Guthrie, Mayor Pro Tem \Vice Chair Joe Costello, Council \Board Member Chuck Fellows, Council \Board Member Caren Ray, Council \Board Member d. Steven Adams, City Manager Timothy J. Carmel , City Attorney Kelly Wetmore, City Clerk AGENDA SUMMARY CITY COU NCI LXREDEVELOPM ENT AGENCY MEETING TUESDAY, NOVEMER 23, 2010 7:00 P.M. Arroyo Grande City Council Chambers 215 East Branch Street, Arroyo Grande 1. CALL TO ORDER 2. ROLL CALL 3. FLAG SALUTE 4. INVOCATION 5. SPECIAL PRESENTATIONS None. 7:00 P.M. CC /RDA MAYOR FERRARA PASTOR GEORGE LEPPER FIVE CITIES FIRE AUTHORITY 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 — NOVEMBER 23, 2010 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 Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action.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 November 1, 2010 through November 15, 2010. 8.b. Statement of Investment Deposits (KRAETSCH) Recommended Action: Receive and file the report of current investment deposits as of October 31, 2010. 8.c. Consideration of Approval of Minutes (WETMORE) Recommended Action: Approve the minutes of the Regular City Council Meeting of November 9, 2010, as submitted. 8.d. Consideration of Side Letters of Aareement Amendina Arrovo Grande Police Officers' Association and Service Employees International Union Local 620 Memorandums of Understanding (ADAMS) Recommended Action: 1) Adopt a Resolution approving a Fourth Side Letter of Agreement amending the Arroyo Grande Police Officers' Association (POA) Memorandum of Understanding (MOU); and 2) Adopt a Resolution approving a Fourth Side Letter of Agreement with the Service Employees International Union Local 620 (SEIU) MOU. AGENDA SUMMARY — NOVEMBER 23, 2010 PAGE 3 8. CONSENT AGENDA (cont'd) 8.e. Consideration of Reauest for Lucia Mar Unified School District Irrevocable Offer of Dedication of Castillo Del Mar Right -of -Way (ADAMS) Recommended Action: Request from the Lucia Mar Unified School District an irrevocable offer of dedication for the Castillo Del Mar roadway extension property behind the high school. 9. PUBLIC HEARINGS: 9.a. Consideration of Use of State 2010 -11 Citizens Option for Public Safety (COPS) Funds (ANNIBALI) Recommended Action: 1) Approve the Chief of Police's recommendation to utilize the FY 2010 -11 COPS funds to continue the multi -year program for the replacement and enhancement of the Police Department's radio communications equipment; 2) Authorize the expenditure of $189,877 carried over from the City's FY 2009 -10 COPS Program; and 3) Appropriate $1,734 in accrued interest. 9.b. Consideration of Develoament Code Amendment 10 -005: Amend Municipal Code Section 16.44.040 Regarding Allowed Uses in the Public /Quasi - Public (PF) Zoning District (MCCLISH) Recommended Action: Introduce an Ordinance to amend Section 16.44.040 of the Arroyo Grande Municipal Code regarding allowed uses in the Public /Quasi - Public (PF) zoning district. 10. CONTINUED BUSINESS: 10.a. Consideration of an Encroachment Aareement between The Citv and NKT Commercial in Connection with the "Shops at Short Street" Proiect (MCCLISH) Recommended Action: Approve an agreement to address indemnification, insurance and construction issues associated with the reconstruction of Short Street and offsite sewer improvements associated with the "Shops at Short Street" project. 11. NEW BUSINESS: 11.a. Consideration of a Proposed Ordinance Amendina Portions of Title 8 (Fire Code) and Title 15 (Building and Construction Codes) of the Arroyo Grande Municipal Code (MCCLISH) Recommended Action: 1) Introduce an Ordinance amending Arroyo Grande Municipal Code Chapter 8.04 related to the adoption of the California Fire Code and International Fire Code; amending Chapter 8.08 related to Fireworks; and amending Chapter 15.04 related to the adoption of the California Building Code, California Residential Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Green Building Code, California Existing Building Code, California Energy Code, California Historical Building Code and the International Property Maintenance Code; and 2) Schedule a public hearing for December 14, 2010 in accordance with the requirements of Government Code Section 50022.3, to consider final adoption of the Ordinance. AGENDA SUMMARY — NOVEMBER 23, 2010 PAGE 4 11. NEW BUSINESS (cont'd) 11.b. Consideration of Fiscal Year 2010 -11 First Quarter Budqet Status Report [CC /RDA] (KRAETSCH) Recommended Action: 1) Approve Carryover Appropriations as shown on Schedule A and approve budget adjustments and recommendations as listed in the Quarterly Financial Report and shown on Schedule A. 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 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) Brisco /Halcyon /Hwy 101 Interchange Project Subcommittee (4) Other (b) MAYOR PRO TEM GUTHRIE: (1) South County Area Transit (SCAT) (2) Community Action Partnership (CAPSLO) (3) Homeless Services Coordinating Council (HSOC) (4) Tourism Committee (5) Other (c) COUNCIL MEMBER COSTELLO: (1) Zone 3 Water Advisory Board (2) Air Pollution Control District (APCD) (3) Other (d) COUNCIL MEMBER FELLOWS: (1) Integrated Waste Management Authority Board (IWMA) (2) County Water Resources Advisory Committee (WRAC) (3) Other (e) COUNCIL MEMBER RAY: (1) Economic Vitality Corporation (EVC) (2) California Joint Powers Insurance Authority (CJPIA) (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. None. AGENDA SUMMARY — NOVEMBER 23, 2010 PAGE 5 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. 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. 18. ADJOURNMENT to the Special City Council Reorganization Meeting on Thursday, December 2, 2010 at 6:00 p.m. in the City Council Chambers, 215 E. Branch Street. * * * * * * * * * * * * * * * * * * * * * * * ** 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 Legislative and Information 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 www.arroyogrande.org * * * * * * * * * * * * * * * * * * * * * * * * ** City Council /Redevelopment Agency Meetings are cablecast live and videotaped for replay on Arroyo Grande's Government Access Channel 20. The rebroadcast schedule is published at www.slo- span.orgq. THIS PAGE INTENTIONALLY LEFT BLANK � ; jk R 0 2> INCORPORATED # I� JULY 10, 1 MEMORANDUM TO: CITY COUNCIL FROM: : ANGELA KRAETSCH, DIRECTOR OF ADMINISTRATIVE SER ICE f i BY: FRANCES R. HEAD, ACCOUNTING SUPERVISOR SUBJECT: CONSIDERATION OF CASH DISBURSEMENT RATIFI ATI N DATE: NOVEMBER 23, 2010 RECOMMENDATION: It is recommended the City Council ratify the attached listing of cash disbursements for the period November 1 through November 15, 2010. FINANCIAL IMPACT: There is a $889,571.27 fiscal impact that includes the following items: Accounts Payable Checks 147679- 147830 $ 386 # 268.52 0 Payroll Checks & Benefit Checks $ 483 # 304.75 BACKGROUND: Cash disbursements are made weekly based on the submission of all required documents supporting the invoices submitted for payment. Prior to payment, A dministrative Services staff reviews all disbursement documents to ensure that they meet the approval requirements adopted in the Municipal Code and the City's Purchasing Policies and Procedures Manual of February 2000. ANALYSIS 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 FY 2010-11 budget. ALTERNATIVES: The following alternatives are provided for the Council #s consideration: Approve staff's recommendation; Do not approve staff's recommendation; 0 Provide direction to staff. Agenda Item 8.a. Page 1 CITY COUNCIL CONSIDERATION of CASH DISBURSEMENT RATIFICATION NOVEMBER 23, 201 PAGE 2 ADVANTAGES: The Administrative Services Department monitors payment o f invoices for accountability, accuracy and completeness using standards approved by the Council. Invoices are paid in a timely manner to establish goodwill with merchants. a Discounts are taken where applicable. DISADVANTAGES: No disadvantages have been identified as long as City Council confirms all expenditures are appropriate. ENVIRONMENTAL ONMEI T IL F E IEW: No environmental review is required for this item. PUBLIC NOTIFICATION SAND COMMENTS: The Agenda was posted in front of City Fall on Thursday, November rember , 2010. The Agenda and report were posted on the City's website on Friday, November 19, 2010. No public comments were received. Attachments: 1. No rernber 1 — N ovem be 3\0 1 , 2010 - Accounts Payable Check Reg 2. November b, 2010 — Payroll Check & Benefit Checks Register Agenda Item 8.a. Page 2 ATTACHMENT 1 c� c� CL 0 t� M 00 W 0 ap kH! t Check History Listing Pa 1 11/15/2010 1 :01A M CITY OF ARROYO GRANDE Bank code: boa Check # Date Vendor status ClearNold Date Invoice Inv. Date Amount Paid Check Total 147079 1110112010 005799 AMERI RIVER COLLEGE 110110 1 110112010 36.00 38.00 147680 1110112010 000418 JOHN I ERSH N 1101 1110112010 420.54 420.54 147681 1110112010 005151 MICHAEL MARTINEZ 1 101 1 0 11/01/2010 442.85 442.85 147082 1110112010 008180 CBIA 110110 11/01/2010 225.00 225.00 147083 11/0212010 008179 TIMOTHY CRANE R f0001 1012912010 122.07 122.07 1 47084 1110212010 008175 LPS FIELD SERVICES INC R f0001 10/2912010 8.85 3.85 147085 1110212010 008178 MARGARET MORRIS R f000107070 191291291 88.83 80.38 147680 1110212010 008176 PEGGY SNEED R f00010 06 1912912910 167.13 167.18 147687 1110212010 0081 SILVIU STANCULESCU R f0001 0 7069 1912912910 102.97 102.97 147688 1110212010 000058 BANK OF AMERICA V 11102/2010 0.00 0.00 1 47689 1 110212010 000058 BANK OF AMERICA 10/8 -9444 1 108 /201 2 029 74 147690 1110212010 004548 CAR11 EL & NA CASHA, LLP 147691 11/02/2010 000553 SLO COUNTY 147692 1110312010 008182 CENTRAL COAST CAPCA 147693 11/0412010 000393 LUCIA MAR UNIFIED SCHOOL 147694 11/05/2010 000008 ADAMSON INDUSTRIES, IN 1913 -4272 1018 -7782 1018 -2050 1913 -9918 1018 -2083 1 018 -6736 1018 -9436 19/8 -258 13703 13702 13701 110210 110310 110310 111614119 1 010812010 101081201 101081201 101081201 1010312010 1010812010 1010812010 1010812010 1 11/0212010 1110212010 X111021201 1110312010 11 10412010 09/18/201 t 1,803.78 1,214.57 910.87 883.37 708.34 523.80 42.39 38.01 16,623-60 900.00 273.00 50.00 MO 15.00 1,004.14 3,1 49.87 17,796.60 50.00 60.00 1 5.00 1 04.14 page: 1 aHlt 1012512010 Che History Listing 000001721246 1012512010 Pag 11/15/2010 10:01 AM DE CITY OF ARROYO GRANDE 000001721243 1012512010 31.32 Bank code: boa 29.20 00000171 631 1 012212010 28.90 Check # Date Vendor Status ClearNold Date Invoice Inv. Date Amount Paid Check Total 147695 1110512010 006130 ALLIANCE READY MIX, INC 12035 1010512010 397.10 397.10 147696 1110612010 007241 ANIMAL SERVICES 100710 1010712010 22,905.00 22,905.00 147697 1110512010 000192 APPLE TIME INC 14266 1012512010 2 2 147698 1110512010 008167 APPLIED EARTHWORKS ORKS INC 21 -01 0913012010 10 10,1 54.62 147699 1110512010 008184 ISA EL AF EVALO 1 92910 1012912010 30.00 30.00 147700 1118512010 006607 AT &T 000001721244 1012512010 869.81 84.76 c� c� CL 0 c� M 00 44h� 1 47701 1110512010 007518 ZAK AYALA 147702 1110512010 000056 BACKYARD IMPROVEMENT 147703 1110812010 000078 BLUEPRINT EXPRESS 147704 1110512010 008183 NICHOLAS LAS PETER 147705 1110512010 008185 I H I DA EOWEN 147706 1110512010 000090 E ISCO MILL & LUMBER 147707 1110512010 007 304 BURKE, WILLIAMS & 147708 1110512010 000134 CA ST DEPT OF JUSTICE 147700 1110512010 003053 CID CABRIALES 147710 1110512010 007085 CALPO 147711 11/05/2010 000603 CAR QUEST AUTO PARTS 000001721247 1012512010 185.28 000001721246 1012512010 85.58 000001721240 18!2512010 36.61 000001721243 1012512010 31.32 000001721241 1 0125120 29.20 00000171 631 1 012212010 28.90 00000 242 10/2512010 1 4.27 102410 10/24/2010 1 73051 10/25/2010 74.88 11231 1 110112010 28.06 11206 1012712010 26-86 110110 1110112010 31.50 102 910 1012912010 80.00 146200 11/01/2010 9.77 140981 10/2612010 6 312677 1010612010 2 110410 11/04/2010 1 ,200.00 91131633 10/1812010 476.71 731 4 -441469 1011412010 211.91 7314 - 441389 1011412010 84.76 1,280.97 1 74.85 54.92 31.50 30.00 9.77 6 2,828.00 1,200.00 476.71 Page: 2 c� c� CL 0) MIL t� c� 00 pCkH!st 11/18/2410 10:01 Check History Dieting CITY OF ARROYO GRANDE Page: 3 Bark code: boa Check # Date Vendor 147712 11/05/2010 000149 CENTRAL COAST FENCE, 147713 11/03/2410 003985 CENTRAL COAST 147714 11/05/2010 000164 CHRI TIANSON CHEVROLET 147715 11/05/2010 000195 CRYSTAL SPRINGS WATER 147715 11/05/2410 003227 SHANE DAY 147717 11/05/2010 005091 JOHN DEERE LANDSCAPES 147718 11/05/2010 000203 J B DEWAR, INC 147719 11/08/2010 006845 DNB INDUSTRIAL SUPPLY 147720 11/0812010 002673 DOCTORS MEDPLUS MED 147721 11/05/2010 007129 TERRY ENDER 147722 11105/2014 001525 FERGUSON ENTERPRISES, 147723 11/4512010 006333 F1A CARD SERVICES Status ClearNoid Date Invoice 7314- 442325 7314 - 444324 7314- 441491 7314 - 442459 PI/ 2010 -06 A -25501 75153 9130 - 014273 1104'10 56 173807 56099675 56143114 56144118 56177324 743381 540053 #13585878 110310 6573999 6571135 6549950 CM 00657 CM93'1272 C114346 10/20 -5702 10120 -1331 10/20 -7845 10/20 -5330 10/20 - 5954 Inv. Date 10/19/2010 10/29/2010 1 0/14/2010 10/19/2410 11/02/2010 10/25/2010 10/46/2010 09/30/2010 11/04/2010 10/13/2010 1 0/06/2010 10111/2010 10111/2010 10/13/2010 10/18/2010 1 0/26/2010 1 011212010 11/03/2010 1 0/1312410 10/15/2010 10/11/2010 04/30/2010 07/1 6/2010 07/1312010 10120/2010 10/20/2010 10/2012014 10/2012010 10120/2010 Amount Paid Check Total 84.76 83.05 58.94 9.90 3,634.20 267.06 51.16 39.75 78.72 142.58 42.7'1 5.66 5.13 4.95 19.'15 32.53 25.44 105.00 2,505.60 216.63 74.09 - 109.84 - 182.70 - 706.33 2 1 529.14 469.45 188.59 533.35 3,630.20 267.06 51.16 39.75 78.72 201.03 19.18 32.63 25.00 105.00 1,796.90 Page: 3 c� c� CL 0) M0 M c� c� 00 apkHist 11/15/2010 1 : '1 AID Check History Listing CITY OF ARROYO GRANDE Page: 4 Bank code: boa Ch # Date Vendor 147724 1110512010 008186 AMY FLI E 147725 1110512010 004790 DEANNA FLYD 147726 11105/2010 008058 ROD N E Y GRAY 147727 11105/2010 002358 GREAT WESTERN ALARM 147726 11105/2010 001237 HANS N A GREG. MID 147729 11105/2010 002405 CHUCK HARE 147730 11/0512010 000301 HEACOCK TRAILERS 147731 11105/2010 001153 KELLY HEFFEINN 147732 11105/2010 007014 IDENTIAD 147733 1110512010 008644 IRON MOUNTAIN 147734 11/05/2010 008187 LUZ MARIA JACOB 147735 11105/2010 008824 JIV S FT CORPORATION 147736 11/0512010 007299 GASTON 1 ETTING OLIVIER 147737 11/05/2010 005187 ANGELA KRAETS H 147738 11105/2010 007531 CINDY KLLAN 147739 11105/2010 008191 LA TESTI 147740 11105/2010 005511 CHRISTOPHER LINTNER Status ClearN id Date Invoice 10/20-4015 10120 -8321 102910 110310 110310 101000013101 101000713101 101002455101 1 61002323101 1119208 1 10310 33268 33242 1'10410 9313181419 9313115335 9313283234 931 3229115 C L0565 1029'10 217"9 1 10310 102910 1101'10 32124830 110310 Inv. Date Amount Paid Check Tota .1 0/20/2010 1 0120/2010 1 0129/2010 11103/2010 1110312010 1110112010 11/01/2010 11/01/2010 11/01/2010 10/1 4/2010 11/03/2010 1011 212010 1 011 212010 1110412010 1011812010 10/07/2010 10126/2010 10/2112010 1 0/31 12010 10/29/2010 1011012010 11/03/2010 11/04/2010 11/01/2010 1010812010 11/03/2010 73. 41 1 8.75 30.00 48.00 80.00 28.00 28.00 28.00 28.00 1,188.71 132.00 588.57 17.40 75.57 524.68 388.00 37''1.93 - 371.93 150.'12 242.50 140.00 180.00 86.25 529.50 75.00 72.00 4, 623.08 30.00 48.00 60.00 112.00 1 t 1 68.71 132.00 585.97 75.57 910.88 150.12 242.80 140.00 180.00 66.25 529.50 75.00 72.00 P Page: apCkH1st 1111512010 10.01AM Che History Listing CITY OF ARROYO GRANDE P age. Bank code. boa C heck # Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total 147741 11/05/2010 001136 DOUG LINTNER 1 10310 11/0312010 110.00 110.00 1 47742 11/05/2010 000393 LUCIA MAR UNIFIED SCHOOL 1 10/1912010 1 11 0008 09/0712010 255.00 110107 10118/2010 201.20 110034 0910112010 187.50 110044 0910112010 187.50 1 10037 0910112010 175.00 101108/102031 0513012010 120.00 2 1 47743 1110512010 007520 STEPHANIE MASTRO 110310 11/03/2010 108.00 108.00 1 47744 11/05/2010 008188 LAUREN II C C RAC KE N 110410 1 1/04/20 10 150.00 150.00 147745 1110512010 008189 ALISA 11 CMULLEN 192919 1012912010 30.00 30.00 147745 1110512010 007780 OL IVIA MILLER 2021.110 1110112010 81.00 2024.110 11/01/2010 81.00 2020.110 1110112010 36.00 2923.110 11/01/2010 33.75 231.75 147747 11/05/2010 000429 /MINER'S ACE HARDWARE, K51904 10125/2010 39.08 K525 1012912010 35.30 K38358 10128/2010 31.98 K51915 10/2512010 23.91 3801 1012612010 17.55 K2083 10/2612010 1 3.03 K37337 1012012010 5.31 K3753 10/2212010 5.43 172.59 1 47748 1110512010 000441 M U L LAH EY FORD FOCS209550 0912312010 39.95 39.95 147749 11/05/2010 003393 AL 1 S N NEFF 110210 11/02/2010 84.23 84.28 t� 147750 �I 1105120'10 008190 ALIRE 0LlAS 102910 '1012912010 30.00 � CL 147751 1110512010 008705 ON TRAC 8934518 1010212010 13,86 13.86 0 147752 11105/2010 000481 PACIFIC CAS & ELECTRIC 10128- 194097 1012312010 14,324.42 10114- 704089 10114/2010 97.80 14, 922.22 M 00 �iD Page: c� c� CL 0) rMIL � M/�/� M W W ice/ ap kHist 11/1512010 10:0'1 AM Check History Listing CITY OF ARROYO GRANDE Page: 6 Bank code: boa Check # Date Vendor 1 47753 11105/2010 008103 PEACEKEEPER PRODUCTS 147754 1110512010 004158 PHOENIX GROUP 147755 11105/2010 000498 PITNEY BOWES, INC 147756 1110512010 002670 F ICOH LEASING 147757 1110512010 007832 ROSARIO ROJAS 147758 11105/2010 004833 STEVE ROMD 147759 1110512010 000536 GREG ROSE 147760 11/0512010 603640 CHARLES D (DON) RUI 147761 11/0512010 002470 S & S HOMES OF THE 147762 1110512010 006048 JEAIETTE SEARY 147763 1110512010 000552 SLO COUNTY 1 47764 1110512010 008104 ANTHONY SOTO 147765 1110512010 003627 GREG SOTO 147766 11105/2010 000602 SOUTH SLO COUNTY SANIT 147767 11/05/2010 000609 BOB SPEAR 147768 11/05/2010 000616 STERLING 147769 1110512010 002260 STEVEN ENTERPRISES, IN 147770 1110512010 000620 STREATOR PIPE & SUPPLY 147771 11/05/2010 000624 SUPERIOR QUALITY 147772 11/0512010 000637 TEXAS REFINERY CORP 147773 1110812010 002370 TITAN INDUSTRIAL Status clearNold Date Invoice 6656 092010157 7147128 - OT10 7563590 162910 1'16810 1 11 0310 110'110 110'116 101110 1001366 110310 FOG INSPECTION WASTE DISCHARGE 110310 25817 0260990 1168943 37074 37045 888222 1043168 1043283 Inv. Date Amount Paid Check Total 10/08/2010 3,993.82 3 10/1112010 109.13 109.13 10/13/2010 56.00 56.00 10/23/2010 170.55 170.55 1 0/2912010 222.69 222.50 11/03/2010 66.00 66.00 11103/2010 1 32.00 132.00 1 1103/2010 36.00 36.00 1 1101 /2010 101,814.58 101,814.56 11/01/2010 78.75 73.7 1 0/1112010 226.50 226.50 1612112010 140.00 140.00 11103/2010 60.00 60.00 1012512010 1 * 566.62 1012512010 171.50 1,738.32 11/03/2010 38.00 86.00 1010912010 1,650.63 1 00.63 1011 9/2010 137.00 137.00 10/1412010 53.58 53.58 09/1012010 345.00 0910912010 50.07 395.07 1011412010 757.75 757.75 10/21/2010 122.34 10128/2010 35.76 158.12 Page. 6 ap kHi # Check History Listing Pa ge: 11 /1612010 1 :01AM CITY OF ARROYO GRANDE Bank code: boa Ch eck # Dante Vendor Status Clear/Vold Date Invoice I nv. Date Amount Paid Check Taal 147774 11105/2010 007683 THE TOP SHOP CRP1 0010420 10112/2010 263393 Page. CI PI 0010419 10112/2010 1 CRP10010421 10/12!2010 91.36 CRP1 0010426 10/2112010 31.56 3 147775 1110512010 004609 TREBH RECYCLING, IC 14716 1010812010 402,97 402.97 147776 11/06/2010 006651 UNITED STAFFING ASSOC. 072486 10120/2010 1 072620 1 012712010 1,063.60 072328 1011312010 147.84 2 1 47777 1110612010 000673 US POSTAL SERVICE ACCT#42167122 11/03/2010 3 3,000.00 1 47778 11/0612010 000660 USA BLUE BOOK 260556 10/2612010 37.93 37.98 1 47779 11/08/2010 003090 V & M UPHOLSTERY 6360 16/2212010 536.94 538.94 147780 11108/2010 002137 VERIZON WIRELESS 0911933296 10104/2010 866.97 0912747551 10/0712010 46.82 61 3.79 147781 1116812010 002609 WATERBOYB PLUMBING 16186 1 01011201 0 1,591.95 1 1 47782 1110512010 000699 LEE WILSON ELECTRIC 0405 10119/2010 139.26 1 89.26 147783 11/0512010 002289 V1 ULFIN 'S BACKGROUND & 192919 10120/2010 225.00 225.00 147790 11/10/2010 090393 LUCIA MAR UNIFIED SCHOOL 110910 11/1612619 15.00 18.00 147791 11/1212010 000067 R.BAKER, INC 10 -10 -4606 1110812010 35,284.00 85 147792 1111212010 990990 BRISCO MILL & LUMBER .146078 19/20/2010 96.95 146271 11/08/2010 1 9.74 116.69 147793 11112/2010 000094 BRUMIT DIESEL, I 17076 1012712010 444.60 17125 1012712010 258.28 702.88 D c� 147794 '1111212010 000095 BURKE AND PACE OF AG, 2409881 10/28/2010 201.43 CL 2409678 10/25/2010 60.69 0 2409253 10/13/2010 4.38 266.50 rok ^ � c� 147795 11/12/2010 000163 CHERRY L.AN E 28879 1011112010 240.28 240.28 � M M ^ w ice/ Page. CL ^ ice/ �^' O ice/ apCk 11/15/2010 10:01 AM Check History Listing CITY OF ARROYO GRANDE Page: Bank code. boar Check # Date Vendor 147796 11/12/2010 008197 CHARLES D CH AN 147797 11/12/2010 000195 CRYSTAL SPRINGS WATE 147798 11112/2010 007548 CSG SYSTEMS INC 147799 11/12/2010 004622 CULLIGAN 1NDUST. IIATEI 147800 11112/2010 005091 JOHN DEERE LANDSCAPES 147801 11112/2010 000208 J E DE WAR, , INC 147802 1111 2/2010 002673 DOCTORS MEDPLUS MED 147803 11/12/2010 000225 EARTH SYSTEMS PACIFIC 147804 11/12/2010 000240 FARM SUPPLY CO 147805 11112/2010 000262 FRANK'S LOCK & KEY 147806 11/12/2010 000605 THE GAS COMPANY 147807 1111212014 000291 HAAKER EQUIPMENT, INC 147808 11/12/2010 000301 HEACOCK T1 AILERS 147809 11/1212019 002820 IND FF, INC 147810 11/12/2014 008161 MAACO COLLISION REPAIR 147811 11/1212010 008198 MAN HOMES INC 147812 11/12/2010 000429 MINER'S ACE HARDWARE, AI E, Status Clear/Void Date Invoice 111010 48517 48519 68486 5817 56209279 562009097 56241121 924720 7 276 235540 445741 435950 31138 31143 11 - 111 11/5 11/5 11/5-215 076902 33413 174375'1 1549 11081 K37100 K37270 Inv. Dat 11114/2010 10/31/2010 10/31/2014 10/26/2010 10106/2010 14/1 512010 1411612010 10/19/2010 1412612010 10/12/2010 10/19/2010 0912012010 09/0812010 1011312010 10/15/2010 11/05/2010 11/05/2010 1 110512010 11/05/2010 10/29/2014 11/0412010 10/0812010 10/12/2010 11/08/2010 10/18/2414 14/1912414 Amount Paid Check Total 374.00 23.80 10.04 810.80 1 77.83 655.16 24.58 -57.83 21,342.92 150.00 5 69.60 34.80 13.05 12.83 x4.88 44.60 3.89 0.9 745.01 15.24 71.13 444.20 104.00 75.51 67.75 374.00 33.80 514.60 177.83 622.21 2 1,342.92 1 50.40 5,245.00 1 04.40 25.88 114.33 745.01 1 5.24 71.1 444.24 140.04 Page: D c� c� CL 0) c� 00 aCkH ist 11/16/2010 10:01 AM Check History Listing CITY OF ARROYO r A DE Page: 9 Sank code: boa Check # Date Vendor 147813 1 1/12/2010 000439 MOSS, LEVY & HAFT HEI 1 147814 11/12/2010 000441 MULLAHEY FORD 147815 11/12/2010 000483 OFFICE DEPOT 147816 11/1212010 004035 OMNI MEANS LTD 147817 11/1212010 000492 PETTY CASH 147818 11/12/2010 004757 PLUMBERS S DEPOT INC. 147819 11/1212010 000520 QUINN COMPANY 147820 11/12/2010 000538 S & L SAFETY PRODUCTS 147821 11/12/2010 902142 SAN LUIS PAPER CO 147822 11/1212010 000553 SLO COUNTY 147823 11/1212010 000554 SLO COUNTY NEWSPAPERS Status Clear/Void Date Invoice K37744 K50692 K51 380 K35755 K52083 K52908 K50710 K515 8015 FOCS209353 FOCS209358 F CS20 609 FCS20404 FOCS20370 FOCS209711 535023894001 538092025001 30764 30883 30851 30628 PETTY CASH PD14096 03C31 3788 548848 512418 -00 1109'10 0909338 5908780 8907756 Inv. Date 10/2212010 10/1 3/2010 10/1 9/2010 10/1 412010 11/02/2010 11/0112010 10/13/2010 10/1812010 08/31/2010 09/15/2010 09/15/2010 09/28/2010 09/17/2010 09/16/201 09130/2010 09/23/2010 10/2012010 08/31/2010 08104/2010 09/2812010 06/29/2010 11/10/2010 07/27/2010 10/01/2010 1110112010 10/25/2010 11/10/2010 10/2512010 09/2912010 09/17/2010 Amount Paid Check Total 47.80 19.55 11.47 8.88 8.35 8.51 3.55 3.35 1, 000.00 193.93 80.38 64.54 39.95 39.95 39.95 224.50 47.57 3 2,349.00 1 1 979.75 388.00 229.57 245.78 49.0'1 45"1.04 007.37 50.00 318.00 128.'13 115.09 252.50 1 458.70 272.17 8,361.50 229.57 245.78 49.01 451 .04 607.37 50.00 P D c� c� CL 0) c� �F N� a pC H i t 11/151201 1 : 1AM Cheek History Listing CITY OF ARROYO GRANDE Page: 1 Banc code: boa Check # Date Vendor 147824 11112/2010 000598 SNAP- TOOLS CRP 147825 11/12/2010 008136 MARK LEWIS SPITZ 147826 11/12/2010 000620 STREATOR PIPE & SUPPLY 147827 11/12/2010 006551 UNITED STAFFING ASSOC. 147828 11/1212010 002137 VERIZON WIRELESS 147829 11/12/2010 002609 WATERBOYS PLUMBING 147830 11/12/2010 008168 W HITTLE FIRE PROTECTION 146 checks in this report Statue Clear/Void Date Invoice 6908779 6907823 201 587 111710 S 1 1 68192, 001 072487 072621 0917699872 110510 12038 Inv. Date Amount Paid 09/29/2010 11 3.22 09/17/2010 103.87 11/03/2010 1 33.23 11/17/2010 376.00 10/02/201 43.70 10/20/2010 739.20 10/2712010 739.20 10/22/201 67.72 11/05/2010 5 11/04/2010 10, 800.00 boa Total: Check To tal Total Checks: 776.36 133.28 376.00 43.70 1,478.40 67.72 5,784.01 10 386 386,286.52 Page: 1 ATTACHMENT 2 CITY OF ARROYO GRANDE DE DEPARTMENTAL LABOR DISTRIBUTION PAID PERIOD 10/151201 - 10/2812010 11/05/10 FUND 010 319,552.47 ■ UND 220 16,699. 3 FUND 226 1 + 870.71 FUND 284 1 FUND 285 1 FUND 290 115,339.04 FUND 612 6 FUND 640 20 Holiday Pay 483, 304.75 T: OVERTIME BY DEPARTMENT: Admin. Support Services - Community Development Annual Leave Buyback Police 7 Fire 11 G vrnm nt Bldg Il aint, Sick Leave Buyback Engineering - Fleet Maintenance 14, 722.24 Parks - R ecreation - Admn - Ie - Special Events - Children In Motion - Soto Sport Complex - Public Works Maintenance 845.39 5123 19 94.98 5101 Salaries Full time 216,189.04 5102 Salaries Part -Time - PPT 18,328.18 5193 Salaries Part -Time - TPT 29,847.54 5105 Salaries OverTime 19, 594.96 5107 Salaries Standby 346.50 5108 Holiday Pay 8 5109 Sick Pay 7 5110 Annual Leave Buyback - 8111 Vacation Buyback - 112 Sick Leave Buyback 5113 Vacation Pay 14, 722.24 114 Comp Pay 4,126.98 5115 Annual Leave Pay 3,477.12 5121 PE RS Retirement 801881.17 122 Social Security 21 5123 PADS Retirement 594.35 5126 State Disability Ins. 1 5127 Deferred Compensation 735.59 131 Health Insurance 47,834.45 8132 Dental insurance 4 5133 V ision Insurance 1 5134 Life Insurance 590.01 5135 Long Term Disability - 143 Uniform Allowance - 144 Car Allowance 675 -00 5148 Council Expense - 147 Employee Assistance 5148 Boot Allowance - 5149 Motor Pay 150.00 5150 Bi- Lingual Pay 125.00 5151 Cell Phone Allowance 317.50 483, 304.75 Agenda Item 8.a. Page 13 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.a. Page 14 INCORPORATED i JULY 10, , t t I-IF ft MEMORANDUM To: CITY COUNCIL FROM: ANGELA KRAETSCH, DIRECTOR of ADMINISTRATIVE ATII E SERVICE BY: MICHELLE MA FIELD, TREASURER EF SUBJECT: CONSIDERATION ATIOI of STATEMENT of INVESTMENT DEPOSITS DATE: NOVEMBER 3, 2010 RECOMMENDATION: It is recommended the City Council receive and file the attached report listing the current investment deposits of the City of Arroyo Grande, as of October 31, 2010, as re quired b Government Code Section 3b. FINANCIAL IAA PACT: There is no funding impact to the City related to this report. However, the City does receive interest revenue based on the interest rate of the investments. BACKGROUND: This report represents the City's investments as of October 31, 2010. It includes all investments managed by the City, the investment institution, investment type, book value, maturity date, and rate of interest. As of October 31, 2010 the investment portfolio was in compliance with all State laws and the City's investment policy. ANALYSIS of ISSUES: The Director of Administrative Services has historically submitted to the City Council a monthly report, providing the following information: 1. Type of investment. 2. Financial institution (bank, savings and loan, baker, etc). 3. Date of maturity. 4. Principal amount. 5. Rate of interest. 6. Current market value for all securities having a maturity of more than 12 months. 7. Relationship of the monthly report to the annual statement of investment policy. Agenda Item 8.b. Page 1 CITY COUNCIL CONSIDERATION OF INVESTMENT DEPOSITS NOVEMBER 23, 2010 PAGE 2 ALTERNATIVES: The following alternatives are provided for the Council I s consideration: Recommended Alternative - Approve staff's recommendation to receive and file the attached report listing the current investment ent deposits. Dc not approve staffs recommendation - Provide direction to staff ADVANTAGES: Es: Safety of principal is the foremost objective of the city. Investments are undertaken in a manner that seeks to ensure the preservation of capital in the o verall portfolio. DISADVANTAGES: TAGES: Some level of risk is present in any investment transaction. Losses could be incurred due to market price 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 portfolio by institution and by investment instruments are being used as much as is practical and prudent. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of city Hall on Thursday, November 18 2010. The Agenda and report were posted on the City's website on Friday, November 19, 2010. No public comments were received. Attachments: 1. Portfolio Summary. October 31 v 201 Agenda Item 8.b. Page 2 ATTACHMENT 1 tD CL 0 � tD tD 00 CITY CW CITY OF ARROYO GRANDE Portfolio Management Portfolio Summary October 3 , 2 01 0 City of Arroyo Grande 214 E. Branch St. Arroyo Grande, CA 93439 Phone: {805 }473 - 5400 Interest I nvestments Book V I nterest Rate Rate PY Date of Purchase Term M atur ity Date % of P Local Agency Investment Purvis 16,304 0.45010 0.646% 91.31% erd aces of Deposit - Banks First Federal Bank of California 99,000.00 2.53% September 18, 2009 731 September 21, 2011 0.54% Redding B an k of ornmeroe 250,000.00 2.40% September 21, 2009 913 March 21, 2012 1.36 F irst Republic Bank 250,000.00 3.00 November 9, 2009 36 mos November 9 2012 1.36 DAIS 1,000, 000.00 1.91 July 1, 2919 24 mos June 23, 2912 5.43% Total Certificates of Deposit 1, 599,090.00 Total Investments 13,403 1 749.55 8.69% 1 00.00 % W 7 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.b. Page 4 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, NOVEMBER 9, 2010 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Ferrara called the Regular City Council meeting to order at 7:00 p.m. 2. ROLL CALL City Council: Council Member Joe Member Caren Ray, Ferrara were present. Costello, Council Member Chuck Fellows, Council Mayor Pro Tem Jim Guthrie, and Mayor Tony City Staff Present: City Manager Steven Adams, City Attorney Tim Carmel, Director of Legislative and Information Services /City Clerk Kelly Wetmore, Fire Chief Michael Hubert, Battalion Chief Riki Heath, Community Development Director Teresa McClish. 3. FLAG SALUTE George Smith, representing Knights of Columbus, led the Flag Salute. 4. INVOCATION Pastor Robert Banker, Open Door Church, delivered the invocation. 5. SPECIAL PRESENTATIONS None. 6. AGENDA REVIEW 6.a. Ordinances Read in Title Only. Council Member Costello moved, Council Member Ray seconded, and the motion passed unanimously that all ordinances presented at the meeting shall be read by title only and all further readings be waived. 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS Tim Moore Fair Oaks Avenue, referred to the Short Street, Centennial Park, City Hall, and Le Point Street Parking Lot projects and requested a full accounting of all the costs associated with the projects; referred to the pre - demolition meeting of the malt shop building and said he was told there was no signed lease for the new building, therefore, there is no need for outdoor seating and no need for modifications to Short Street. He further stated the Council is violating Roberts Rules of Order because the Mayor should not be a voting member of the Council unless there is a tie. He concluded by stating there were only two people that he respects and trusts and he hopes the rest of the Council and City staff live up and gain his respect as well as the citizens of the City and do what is best for the City. Patty Welsh Pradera Court, also expressed concern about each Council Member's responsibility when deciding how to vote on an issue and should not defer voting on an issue until hearing from other Council members. She also referred to Roberts Rules of Order and expressed concern the Council was not following correct parliamentary procedure. Agenda Item 8.c. Page 1 Minutes: City Council Meeting Page 2 Tuesday, November 9, 2010 In response to a request for a brief clarification by Mayor Ferrara, City Attorney Carmel explained that the Council uses Sturgis' Rules of Parliamentary Procedure, not Robert's Rules of Order. He further explained that the framework by which the Mayor operates is established by State law under the Government Code and the Mayor is one of five members of the Council with the same duties and responsibilities, including the right to vote. 8. CONSENT AGENDA Mayor Ferrara invited members of the public who wished to comment on any Consent Agenda Item to do so at this time. No public comments were received. Action: Council Member Fellows moved, and Council Member Ray seconded the motion to approve Consent Agenda Items 8.a. through 8.h., with the recommended courses of action. City Attorney Carmel read the full title of the Ordinance in Item 8.g. The motion passed on the following roll -call vote: AYES: Fellows, Ray, Costello, Guthrie, Ferrara NOES: None ABSENT: None 9. PUBLIC HEARINGS Mayor Ferrara declared a conflict of interest on all public hearing items due to ownership of real property within 500 feet of the proposed projects. He stepped down from the dais and left the meeting. Mayor Pro Tem Guthrie took over the meeting as the Presiding Officer. 9.a. Consideration of Specific Plan Amendment 10 -001; Location: Southwest Corner of East Grand Avenue and South Courtland Street; Applicant: NKT Commercial. Community Development Director MCClish presented the staff report and stated the Planning Commission recommended the Council adopt a Resolution denying Specific Plan Amendment 10 -001 regarding Subareas 3 and 4 of the Berry Gardens Specific Plan. She then responded briefly to questions from Council regarding the results and time of the traffic study for the proposals. Mayor Pro Tem Guthrie opened the public hearing and invited the applicant and the applicant's representatives to address the Council first. Carol Florence representing applicant NKT Commercial, requested the Council consider approval of Alternative #2 by taking tentative action to adopt the Mitigated Negative Declaration and approve Specific Plan Amendment 10 -010 as proposed. She then gave a PowerPoint presentation of the proposed Specific Plan Amendment which included renderings of the proposed development and vicinity map; the proposed development versus the originally proposed Berry Gardens Specific Plan development; and an overview of the development standard amendments requested to the Berry Gardens Specific plan. Agenda Item 8.c. Page 2 Minutes: City Council Meeting Page 3 Tuesday, November 9, 2010 Nick Tompkins applicant, provided background history as it related to his negotiations for acquiring the property beginning in 2006 and his purchase and acquisition of the property in 2007; his discussions with the City for retail development in this area; and provided an overview of several projects proposed over the years that did not proceed. Carol Florence continued her presentation of the proposed development including setback revisions and relocation of Buildings A & B; illustrated examples of streetscape layouts and pedestrian oriented amenities; showed renderings of the project from various viewpoints, elevation, and angles; demonstrated ADA access areas, patio views, a proposed planter in the public right of way; views of the southwest truck dock for the largest building and all building elevations; displayed the proposed emergency access that could serve as a pedestrian walkway; demonstrated the line of site from neighboring residential areas; and displayed the proposed Peoples' Self Help Housing Site Plan. Robyn Letters representing the applicant as a research consultant from Opinion Studies, gave an overview of her credentials for conducting public opinion surveys; gave a presentation on the methodology and results of a telephone survey regarding current shopping habits of residents in Arroyo Grande and surrounding areas, attitudes regarding the proposed Food 4 Less Courtland Place Project, and the project's impact on future shopping. Carol Florence clarified that this was a shopping survey only. She again requested the Council take action on Alternative #2. In response to a request by Council Member Ray, Steve Orosz traffic consultant from Orosz Engineering Group, explained the results of the traffic study he conducted and responded to questions concerning current average daily trip generation versus the proposed average daily trip generation if the project is constructed as proposed. He also responded to questions relating to the bus stop as proposed. Further Council questions ensued of the applicant regarding clarification on setbacks, whether there would be a shopping cart corral in the parking lot; clarification regarding Mitigation Measure III -2 which requires inclusion of a bus turnout; clarification regarding the height of the tallest tower proposed; the square footage of the San Luis Obispo Food 4 Less store; and whether the proposed screening between the two land uses was reviewed by the Fire Authority. Nick Tompkins concluded the applicant's presentation by stating there has been a lot of speculation about the proposed project; gave background information of the Food 4 Less business and noted the public's high perception of this store and that he did not believe this to be a big box store, and spoke further in support of approval of the project as proposed. Scott Smith representing Peoples' Self Help Housing Corporation (PSHH), provided a background of the Corporation and spoke about the need for affordable family housing in the City; gave background information on the sale and acquisition of properties in the City; provided an overview of the proposed project (Item 9.c.); and noted that timing for approval of this project is critical due to PSHH's application for competitive grant funding. Agenda Item 8.c. Page 3 Minutes: City Council Meeting Page 4 Tuesday, November 9, 2010 Bruce Frasier architect for PSHH, provided an overview of the project and addressed issues relating to setbacks, the emergency access road, landscape screening between the projects, fencing, and common open space and playground areas. Scott Smith responded to additional questions regarding maintenance of the setback area between the commercial and residential, use of a community room (which he said is required to be included in this type of project), and clarification of the previously owned PSHH property and subsequent site trade with VCA Animal Hospital. Fire Chief Hubert Five Cities Fire Authority, stated he had reviewed and approved the plan revisions made to both projects. Mayor Pro Tem Guthrie called for a break at 9:25 p.m. The Council reconvened at 9:40 p.m. Mayor Pro Tem Guthrie said the public hearing was open and invited members of the public to address the Council. Russell Read General Counsel for Cookie Crock, noted he had submitted letters in opposition to the project for the record. Denise Andreini LaVida Lane, spoke in support of the Food 4 Less project. Phyllis Tonne spoke in opposition to the Food 4 Less project. Bill Corlev Paso Robles, spoke in support of the Food 4 Less project. Teresa Schultz Emerald Bay Drive, spoke in opposition to the Food 4 Less project. Benedene Duffin Newport Avenue, spoke in opposition to the Food 4 Less project. Richard Duffin Newport Avenue, spoke in opposition to the Food 4 Less project. Del Clegg owner of Cookie Crock Warehouse, spoke in opposition to the Food 4 Less project. Bill Vance Santa Maria, spoke in opposition to the Food 4 Less project. Jerry McLaughlin spoke in opposition to the Food 4 Less project. Frank Madden Rodeo Drive, spoke in opposition to the Food 4 Less project. Mike Miller Manager of Arroyo Grande Albertson 's, expressed concerns regarding the project and believed it would not result in an increase in sales tax revenue or an increase in jobs. Kent Horejsi spoke in opposition to the Food 4 Less project. Beth Stepnitz Bakeman Lane, spoke in opposition to the projects. Aaron Henkel Aspen, expressed concerns about the ability for truck turning radius on Courtland and commented on the traffic studies. Peter Jankay representing Farmers' Market Association, spoke in opposition to the Food 4 Less project. Mike Zimmerman Arroyo Grande, spoke in opposition to the project. Crystall Morgan Chilton, spoke in opposition to the Food 4 Less project. Anna Scott read a letter in support of the Food 4 Less project on behalf of Rick Castro, President of Arroyo Grande Community Hospital. Heather Hellman San Luis Obispo, spoke in support of the Food 4 Less project. Agenda Item 8.c. Page 4 Minutes: City Council Meeting Page 5 Tuesday, November 9, 2010 John Spencer Spencer's Market, spoke in opposition of the Food 4 Less project and submitted a petition containing approximately 237 pages signed by over 3,000 individuals who oppose the project. Pam Hyde Stagecoach Road, spoke in opposition to the Food 4 Less project. Wendy Beckham Hillcrest Drive, spoke in opposition to the Food 4 Less project. John Mack Loganberry, spoke in opposition to the projects. Ann Steele El Camino Real, spoke in opposition to the Food 4 Less project. Marty Scala Grover Beach, spoke in opposition to the Food 4 Less project. Patty Welsh Pradera Court, spoke in opposition to the proposed design of the project. Tom Geishlin Nipomo, read a letter in support of the project on behalf of a resident who could not attend. Maggie Summers Newport Avenue, spoke in opposition to the Food 4 Less project. Patrick Dempsey spoke in opposition to the Food 4 Less project. Mike Fuller spoke in opposition to the Food 4 Less project. Carol Florence responded to issues regarding the proposed buffer, which she clarified would be an exclusive use easement; and clarified issues regarding truck circulation where Cou rtland Street would be modified. Steve Orosz noted that the traffic study was updated in October 2009 based on the revised project. Hearing no further public comments, Mayor Pro Tem Guthrie closed the public hearing. Council Member Costello provided the following comments: - Clarified the Council had to first consider the proposed Specific Plan Amendment; - Referred to the Planning Commission's denial and findings and stated he agreed with the Planning Commission for the most part; - With regard to size and scale, he believed the proposed building was too large; - Agreed that affordable housing is a priority for this location; - Must balance the commercial use with the residential use; - Acknowledged the compromise on the setback; would like a minimum of 15' setback on commercial side and minimum 10' setback on residential side; - Acknowledged there was a lot of discussion about competition; however, the issue of a grocery store is irrelevant because it is an allowed use in this zoning district; - Stated that the issue is the size and scale of the proposed building for the commercial site; - Referred to a comparison of existing buildings in the area; - Would like to see a smaller footprint for the anchor building; - Noted that the East Grand Avenue Enhancement Plan was not formally adopted and is used as a guide; must rely on the General Plan and the Berry Gardens Specific Plan; - Acknowledged the project has been revised to meet the California Fire Code; - Acknowledged the applicant has included significant pedestrian oriented, streetscape and landscaping amenities; - Cannot support the Specific Plan Amendment as proposed and would like to see it revised and referred back to the Planning Commission; would like to see a change in the setbacks and reduce the size of the building; Agenda Item 8.c. Page 5 Minutes: City Council Meeting Page 6 Tuesday, November 9, 2010 - Expressed disappointment that the bus stop has been removed; and is not satisfied with the traffic study and would like to see more information with better calculations. Council Member Fellows provided the following comments: - Thanked everyone for their presentations and input, including the ARC and Planning Commission, and members of the public and other professionals who submitted written comments; - Commented that he read all the materials thoroughly, including the Mitigated Negative Declaration which he did not entirely agree with; - Referred to the back of the Vons which is located against residential development and found a 40 -50 foot setback between the commercial and residential uses; - Stated he had reviewed other Arroyo Grande commercial buildings in the area to gauge building sizes; - Acknowledged that competition is good; however, it was a matter of what development is appropriate at this site; - Stated the proposed Specific Plan Amendment is unacceptable and is not right for this part of the City; - Stated that with the project as proposed, he could not make findings as spelled out in General Plan policies LU5 -2, LU 11 -1.2, and LU 11 -2.2; stated it would create an illogical land use; the amendment is inconsistent with the General Plan policies; - Stated that a 24 -hour store is not good for that location; - Stated that a 10 foot buffer is not acceptable. - Stated a better plan would be something similar to the adjacent development where CVS is located; - Believed that the effects of the proposed project would contribute to nearly constant activity with noise, air pollution, traffic congestion, as well nighttime glare. Council Member Ray provided the following comments: - Clarified the intent of the Brown Act as it relates to transparent deliberations among the Council; - Thanked members of the public for their comments and civility; - Noted that businesses move locations and /or uses of buildings change over time; - Acknowledged traffic issues expressed during the public hearing; - Stated that the Council must balance many things, including Mr. Tompkin's right to develop his property within the scope of the regulations, versus the survival of other businesses; the economic viability of the City with the rural, small town character; the role of government in the regulation or non - regulation of capitalism; and smart growth versus promoting potential blight in the City; - Stated that this is not a Spencer's Market versus Food 4 Less issue; should be encouraging competition as it benefits everyone economically; - Stated Council must be careful not to try and regulate competition; - Stated she has no problem with Food 4 Less itself; however, her issue is that whatever is built here will remain in perpetuity and the more square footage there is, the more potential there is for turnover of businesses; - Agreed there should be a 15' setback on the commercial side and 10' on the residential side and emphasized the need for safety in the corridor in between; - Believed that the parking is inadequate at 175 spaces; Agenda Item 8.c. Page 6 Minutes: City Council Meeting Tuesday, November 9, 2010 Page 7 - Stated that the proposed 50,000 square foot building is too big and the project is under parked; could not support the proposed 300:1 ratio; - Stated that the Specific Plan needs additional modifications, specifically with regard to the parking and setbacks, mass and scale, and minimum building size; - Encourages development in this gateway, even with a grocery store; however, not at the proposed mass and scale. Mayor Pro Tem Guthrie provided the following comments: - Stated that Grand Avenue is the only area in Arroyo Grande that can support this type of use with large buildings and this is the last opportunity to have a large footprint with a moderate sized supermarket; - Noted that this is the commercial center of our small town; - Believed commercial uses should be close to residential uses; - Referred to the Mitigated Negative Declaration related to traffic; reviewed the report and accepts the traffic analysis; - Stated that there is nothing about this development that affects the rural nature of the City; - Acknowledged the rural setting of the Village and that this type of project would never be proposed for the Village; referred to the formula business ordinance that protects the Village from this type of business; - Stated he was not convinced the East Grand Avenue Enhancement Plan excludes large buildings, as there are large buildings in this area; - Stated that the proposed intensity of this project is a legitimate point as it relates to the impact to the surrounding area; - Supported the revisions to the streetscape enhancements which have a better pedestrian orientation; - With regard to the buffer; he stated this is a mixed -use project and it might be better to have no buffer and to connect the buildings; does not have any problem with the buffer as proposed; - Stated he could not approve this without inclusion of the bus stop; - Noted that this is a key development for this portion of the City, to have key services in the City's commercial core. Action Council Member Fellows moved to adopt a Resolution denying Specific Plan Amendment 10 -001 located at the southwest of E. Grand Avenue and S. Courtland Street applied for by NKT Commercial. Council Member Costello seconded. Discussion ensued on whether any of Specific Plan Amendment findings needed to be addressed. Following brief discussion with City Attorney Carmel regarding the Negative Declaration, Council Member Fellows withdrew his motion. Staff requested a brief recess for discussion. Pursuant to Council policy, Mayor Pro Tem Guthrie moved to continue the meeting past midnight to 12:20 a.m. Council Member Ray seconded, and the motion passed unanimously by voice vote. Agenda Item 8.c. Page 7 Minutes: City Council Meeting Page 8 Tuesday, November 9, 2010 City Attorney Carmel requested the Council provide comments on the Mitigated Negative Declaration based on comments regarding inadequacies in the Negative Declaration concerning traffic impacts and analysis, and send it back to the Planning Commission with the direction given on the Specific Plan regarding smaller building size, larger buffer between the residential and commercial uses, and parking issues; and further, to continue this item as well as Items 9.b. and 9.c. to a date uncertain. Action Council Member Costello moved to return the Mitigated Negative Declaration to the Planning Commission for further consideration on issue of traffic and traffic impacts; to send the Specific Plan Amendment back to the Planning Commission for revisions to setbacks, parking, maximum building size, and inclusion of the bus turnout; and to continue this item to a date uncertain. Council Member Ray seconded, and the motion passed on the following roll call vote: AYES: Costello, Ray, Fellows NOES: Guthrie ABSENT: Ferrara 9.b. Consideration of Tentative Parcel Map 10 -001 and Conditional Use Permit 10- 001; Location: Southwest Corner of East Grand Avenue and South Courtland Street; Applicant; NKT Commercial. Recommended Action: The Planning Commission recommends the City Council adopt a Resolution denying Tentative Parcel Map 10 -001 and Conditional Use Permit 10 -001 for the subdivision of 4.47 acres into three parcels and development of a 3,750 square foot commercial building, a 4,200 square foot restaurant, and a 50,881 square foot grocery store (Subarea 3 of the Berry Gardens Specific Plan). If the City Council approves the Planning Commission's recommendation, staff recommends that the City Council refer the alternative site plan to the Planning Commission for review. Council Member Costello moved to continue Item 9.b. to a date uncertain. Mayor Pro Tem Guthrie seconded, and the motion carried on the following roll call vote: AYES: Costello, Guthrie, Fellows, Ray NOES: None ABSENT: Ferrara 9.c. Consideration of Conditional Use Permit 10 -003; Location: Southwest Corner of East Grand Avenue and South Courtland Street; Applicant: Peoples' Self- Help Housing Corporation. Recommended Action: The Planning Commission recommends the City Council deny Conditional Use Permit 10 -003 for athirty -six (36) unit affordable apartment complex on 1.65 acres (Subarea 4 of the Berry Gardens Specific Plan) based on its recommendation against adopting the Mitigated Negative Declaration (MND) prepared for Specific Plan Amendment 10 -001 (the Commission did not provide any findings to deny the proposed project). Agenda Item 8.c. Page 8 Minutes: City Council Meeting Page 9 Tuesday, November 9, 2010 Council Member Costello moved to continue Item 9.b. to a date uncertain. Mayor Pro Tem Guthrie seconded, and the motion carried on the following roll call vote: AYES: Costello, Guthrie, Fellows, Ray NOES: None ABSENT: Ferrara 10. CONTINUED BUSINESS None. 11. NEW BUSINESS None. 12. CITY COUNCIL MEMBER ITEMS None. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS None. 15. STAFF COMMUNICATIONS None. 16. COMMUNITY COMMENTS AND SUGGESTIONS None. 17. ADJOURNMENT Mayor Pro Tem Guthrie adjourned the meeting at 12:14 a.m. Tony Ferrara, Mayor ATTEST: Kelly Wetmore, City Clerk (Approved at CC Mtg ) Agenda Item 8.c. Page 9 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.c. Page 10 RO A INCORPORATED Z; n�r imy io ' ° l' ,, MEMORANDUM I TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER SUBJECT: CONSIDERATION OF SIDE LETTERS OF AGREEMENT AMENDING ARROYO GRANDE POLICE OFFICERS' ASSOCIATION AND SERVICE EMPLOYEES INTERNATIONAL ATI NAL UNIOI LOCAL 620 MEMORANDUMS DUMS F UNDERSTANDIN DATE: NOVEMBER EMBER , 201 RECOMMENDATION: : It is recommended the City Council: 1 adopt a Resolution approving a Fourth Side Letter of Agreement amending the Arroyo Grande Police Officers' Association PA Memorandum of Understanding MOU ; and 2 adopt a Resolution approving a Fourth Side Letter of Agreement with the Service Employees International Union Local 620 (SEIU) II U. FINANCIAL IMPACT: Amend ments to the MOUs will result in an increased cost when compared to potential application of the existing terms of the MOUs, but will result in an estimated savings of approximately $44,000 to the existing budget. BACKGROUND: The existing MOUs with the P A and SEIU establish medical, vision and dental benefits under a cafeteria plan. Medical plans are provided through the CaIPERS program, which offers a number of alternative medical plans. Under the terms of the MOU, the City pays for % of increases in the Blue Shield HMO plan and the full increase for vision and dental. ANALYSIS OF ISSUES: Over the past several years, rates have been based upon the Blue Shield Access Plus HMO plan. However, the Blue Shield Netalue HMO plan is now also available for employees, which is a less costly HMO. If the formula set forth in the MOU for sharing of cost increases is now based upon the Net aloe plan, it would result in a significant cost impact to employees since the Access Agenda Item 8.d. Page 1 CITY COUNCIL CONSIDERATION of SIDE LETTERS of AGREEMENT AMENDING ARROYO GRANDE POLICE OFFICERS' ASSOCIATION AND SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 620 MEMORANDUMS of UNDERSTANDING NOVEMBER 23, 2010 PAGE Plus plan has been used as the base plan for the past several years. However, if it was based upon the Access Plus plan, it would result in an employee benefit subsidy amount exceeding the actual cost of the benefit. Therefore, the proposed Side Letter of Agreement includes another alternative whereby the City will pay the full amount of the Ietalue plan. The PA has formally approved the change. SEW has provided tentative approval and will tale a formal vote on November 22 The same change has already p been implemented with management employees. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Approve staffs recommendations; Direct staff to instead apply the current formula specified in the MOU for sharing of cost increases to the Blue Shield Ietalue plan; Direct staff to instead apply the current formula specified in the MOU to sharing of cost increases to the Blue Shield Access Plus plan; or Provide direction to staff. ADVANTAGES: The recommend amendments will make available a quality health care plan to employees at no cost, but at the salve time will reduce costs to the City when compared to increases in the Blue Shield Access Plus plan. Providing an alternative that benefits both the City and its employees will help to both manage costs efficiently while maintaining positive employee relations. DISADVANTAGES: TAGES: No disadvantages have been identified other than foregoing additional savings that could be g enerated if the increases were based solely on exclusively applying the existing formula in the M U to the i et aloe plan. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Ag enda wras posted in front of City Hall on Thursday, November 18, 2010 and on the City's website on Friday, November 1 , 2010. No comments were received. Agenda Item 8.d. Page 2 RESOLUTION N . RESOLUTION F THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING A FOURTH SIDE LETTER F AGREEMENT TO THE ARROYO GRANDE POLICE OFFICERS' ASSOCIATION MEMORANDUM OF UNDERSTANDING WHEREAS, the City Council of the City of Arroyo Grande "City" deems it in the best interest of the City to approve a fourth side letter o agreement amendin the Arroyo Grande Police Officers' Association current Memorandum of Understanding, which 'includes modifications to salaries and benefits,, as hereinafter provided. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City o Arroyo Grande that: '1. An amendment to the Memo ra f Understanding "MOU" with the Arroyo Grande Police Officers' Association 19 AGP X is hereby approved, a copy of said amendment entitled "Side Letter of Agreement, M difiGati n to Memorandum of Understanding 11 is attached hereto, marked Exhibit "A ", and incorporated herein by this reference. 2. This Resolution shall become effective December 1, 2010. on motion of Council Member , seconded by Council M ember , and on the following roll call Grote, to grit: AYES: NOES. ABSENT. the foregoing Resolution was passed and adopted this day of , 201 . Agenda Item 8.d. Page 3 RESOLUTION I. PAGE 2 TONY FERR R , MAYOR ATTEST: KELLY 1I ETM RE, CITY CLERK APPROVE] AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Agenda Item 8.d. Page 4 RESOLUTION L UTION No. PAGE Exhibit "" SIDE LETTER of AGREEMENT EEMENT MODIFICATION TO MEMORANDUM F UNDERSTANDING G For valuable consideration, the receipt and sufficiency of which is hereby acknowledged,, the City of Arroyo Grande "City" and the Arroyo Grande Police Officers' Association "AGPOA" do hereby agree to modify the current Memorandum of Understanding "Mou" between the City and AGPOA as follows: Article 20.0 shall be amended to read as follows: For the period of .January 1, 2011 through ,dune 30, 2011, the flex dollar allowance shall be $588.78 with respect to an employee enrolled for self alone, $1,05'1.62 for an employee enrolled for self and one family member, and $1,385.80 for any employee enrolled for self and two or more family members. The flex dollar allowance shall be increased by the amount of any additional increase to the Blue Shield NetValue HMO, dental or vision plans occurring during this period. For City of Arroyo Grande Date Arroyo Grande Police officers' Association Date Agenda Item 8.d. Page 5 RESOLUTION No. RESOLUTION N of THE CITY COUNCIL OF THE CITY of ARROYO GRANDE APPROVING A FOURTH SIDE LETTER of AGREEMENT EEMENT To THE SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 620 MEMORANDUM of UNDERSTANDING WHEREAS, S, the City Council of the City of Arroyo Grande "City") deems It in the best interest of the City to approve a fourth side later of agreement amending the Service Employees International union Local 620 current Memorandum of Understanding, which includes modifications to salaries and benefits, as hereinafter provided . NOW, THEREFORE, BE IT RESOLVED ED by the City Council of the City of Arroyo Grande that, An amendment to the Memorandum of Understanding 14 M with the Service Employees International Union Local 620 "SEI " is hereby approved, a copy of said amendment entitled "Fourth Side Letter of Agreement, Modification to Memorandum of Understanding" is attached hereto, marked Exhibit "A ", and Incorporated herein by this reference. 2. This Resolution shall become effective as of Novembe 1, 2010. On motion of Council Member , seconded by Council Member , and on the following roll call vote, to grit: AYES; NOES: ABSENT: the foregoing Resolution was passed and adopted this day of , 2010. Agenda Item 8.d. Page 6 RESOLUTION N . PAGE 2 TONY FEIAI, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY NEY Agenda Item 8.d. Page 7 RESOLUTION NO. PAGE Exhibit "A" FOURTH SIDE LETTER of AGREEMENT EEMEI T MODIFICATION To MEMORANDUM of UNDERSTANDING For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City of Arroyo Grande "City" and the Service Employees International Union "SEI " do hereby agree to modify the current Memorandum of Understanding ( "MOW) between the City and SEIU as follows, which shall take effect only under the condition that the carne amendments are applied to the management employees and the Arroyo Grande Police officers' Association: Article 10.0 shall be amended to read as follows: For the period of January 1, 2011 through dune 20, 2011, the flex dollar allowance shall be $588.78 with respect to an employee enrolled for self alone, $1,081.62 for an employee enrolled for self and one family member, and $1,385.80 for any employee enrolled for self and two or more family members. The flex dollar allowance shall be increased by the amount of any additional increase to the Blue Shield f et slue HMO, dental or vision plans occurring during this period. For Local 6 20 Employees International Arroyo Grande Chapter Service Union, For City of Arroyo Grande Date Date Agenda Item 8.d. Page 8 R IN ORPORAT D JULY 10, 1911 MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER SUBJECT: CONSIDERATION OF REQUEST FOR LUCIA MAR UNIFIED SCHOOL DISTRICT IRREVOCABLE OFFER OF DEDICATION OF CASTILL DEL MAR RIGHT-OF-WAY DATE: NOVEMBER 23, 201 RECOMMENDATION: It is recommended the City Council request from the Lucia Mar Unified School District ("District") an irrevocable offer of dedication for the Castillo Del Mar roadway extension property behind the high school. FINANCIAL I III PACT: There is no cost impact to the City for requesting the irrevocable offer of dedication. If the Class I bike lane project is pursued, it would result in a cost of $28,600 for design and a required local match of approximately $ for construction costs. This would need to be funded from savings from other capital projects. The estimated cost of construction of the bike lane is approximately $169,000. A total of $150,000 is available from grant funding, BACKGROUND: In May 2006, the City entered into a Memorandum of Understanding OU) with the District, J.H. Land Partnership and John Taylor, Trustee to enable the City to accomplish the extension of Castillo Del filar to V alley Toad. The M OU was later amend on .January g, 2007, April 24, 2007, and again on April 22, 2008. The primary objective of the City has been to provide an additional access route behind the high school in order to relieve existing traffic congestion on Orchard Street caused by the high school. The key terms included the following: ■ J.H. Land Partnership will acquire approximately one acre of agricultural land from ,John Taylor, Trustee, which they will deed to the City at no cost; ■ J.H. Land Partnership will pay to City up to $835,000 for the cost o road improvements and mitigation of loss of agricultural land; Agenda Item 8.e. Page 1 CITY COUNCIL CASTILLO DEL MAR IRREVOCABLE OFFER OF DEDICATION NOVEMBER 23, 2010 PAGE 2 • The District will relinquish the private road to the City at no cost conditioned upon approval by City of a General Plan amendment and rezoning to hillside residential of 10 acres owned by the District on the south side of the roadway; • The existing access easement and access control located at the south end of Castillo Del Mar will be moved to the southern access point of the development proposed by J.H. Land Partnership; and • Remaining land deeded to the City by J.H. Land Partnership not used for road construction will be deeded to the District. The City has subsequently approved the General Plan amendment and rezoning for the 10 acres owned by the District. ANALYSIS of ISSUES: Due to the economic recession and its impact on development, the J.H. Land Partnership project has not been developed. Therefore, the City has not yet received funding from the developer or the roadway from the District consistent with the time frames set forth in the M U. The MOU was based on an agreement by the City to allo w vehicle access from the J.H. Land Partnership project, which is in the unincorporated area, through the City. In exchange, the City would receive from the District what is now a private street behind the high school to improve local circulation and funding from the developer to widen and connect the roadway to Valley Road. The District benefits through rezoning of land they own behind the high school and by receiving additional property from a remaining portion of the agricultural land that they will use for the high school agricultural program. Since the City has completed rezoning of the District property, staff believes the City should secure an irrevocable offer of dedication of the property needed for the road extension in exchange for maintaining the zoning. This would complete the majority of measures required in the MOU between the City and District so the City could move forward with the project when the developer is able to proceed. The remaining portion of the agricultural property would be transferred to the district once the property is received from the developer. The developer is pursuing additional density for their project through the County to improve the economic viability of the project. In the meantime, $150,000 of the cost of improvements to the roadway was to be paid from TE grant funds. However, the grant funds will expire in November 2011 if a contract for the improvements is not issued by that tune. The TE funds were eligible and approved by the San Luis Obispo Council of Governments SLOG to fund the inclusion of bike lanes in the street widening and realignment project. If the grant funds are lost, this cost will eventually need to be funded from the City or developer. Therefore, in order to avoid losing the funds, staff developed an alternative of constructing the bike lane at this time independent of the street widening and Agenda Item 8.e. Page 2 CITY COUNCIL CASTILLO DEL MAR IRREVOCABLE OFFER of DEDICATION NOVEMBER 23, 2010 PAGE realignment. It would be designed as a Class I bike lane and located at the edge of where the widened roadway will eventually be constructed. Preliminary design has been completed. However, it is not recommended because staff has determined that costs for design and matching funds for construction would be approximately $48,000. This would be a significant cost for a bike lane that would have limited use, particularly given that there is no guarantee when and if the roadway will be improved. In order to install the bike lane, it would require a temporary access easement from the District. City staff has coordinated with District staff, who appear supportive of either option. If approved by the City Council, it would then be presented to the Board of Education for their consideration in January 2011. A copy of the preliminary Mans for the bike lane alignment is attached. The bike lane Is designed to connect Castillo Del Mar with the high school rear parking area. It would eventually be connected to Malley Road, but cannot at this time since the agricultural parcel has not yet been acquired. ALTERNATIVES: ES: The following alternatives are provided for the Council's consideration: W Approve staffs recommendations; M Direct staff to also request from the District a temporary easement to pursue the Mass I bike lane project In order to avoid loss of the $150,000 grant; - Since the terms of the MOU have expired, direct staff to abandon the project at this time and prepare an action for City Council consideration to change back the zoning on the District I0 -acre parcel; or - Provide direction to staff. ADVANTAGES: Approval of the recommendations will help acquire the necessary right-of-way for the future Castillo Del Mar road extension so that it will be ready for construction once the J.H. bland Partnership development proceeds. This will help maintain the feasibility of the project in order to reduce traffic on Orchard Street, as well as the intersection of Orchard Street and Fair Oaks Avenue. DISADVANTAGES: There are no disadvantages identified with requesting the irrevocable offer of dedication. The City will likely lose $150,000 in grant funds by not pursuing the Mass I bike lane at this time unless the development project proceeds within the net few months. Agenda Item 8.e. Page 3 CITY COUNCIL CASTILLO DEL MAR IRREVOCABLE OFFER OF DEDICATION NOVEMBER 23, 2010 PAGE 4 ENVIRONMENTAL ONMENTAL EVIE : In August, 2006 the City Council adopted a Mitigated Negative Declaration for the General Plan and Development Code Amendment 06 -001 that included the extension of Castillo Del Mar Drive from orchard Street to V alley Road. Due to potential federal funding (Federal Highway Administration FHWA, Caltrans is the lead agency for the preparation of the NEPA determination that is anticipated to be a categorical elusion. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Fall on Thursday, November 18, 2010 and on the City's webs ite on Friday, November 19, 2 010. No comments we re received. Attachments: 1. I rrevoca ble Offer of Dedication 2. Preliminary Bile Lane Alignment Plans 3. Temporary Easement for Bike Lane Project O ption Agenda Item 8.e. Page 4 ATTACHMENT 1 RECORDING RETESTED BY AND WHEN RECORDED RETUR N TO: City Clerk City of Arroyo Grande 214 East Branch Street Arroyo Grande, CA 93420 FOR RECORDER'S DER'S USE ONLY IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE THIS OFFER TO DEDICATE, made this day o November 2010; by Lucia Altar Unified School District, hereinafter termed Offeror: WHEREAS, the City of Arr Grande (the "City" ) desires to construct an extension of the existing City roadway known as Castillo del Altar from its present terminus to Malley Road (the "Roadway Extension"). WHEREAS, Offeror desires to male an irrevocable and perpetual offer to dedicate a public road easement to the City to enable construction of the Roadway Extension. NOW, THEREFORE, F E, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, said Offeror covenants and promises as follows: 'l. That said Offeror is the owner of the read property described in Exhibit A and depicted in Exhibit B. 2. That said Offeror does hereby irrevocably and in perpetuity offer to such governmental entity a dedication of a public right of way for road purposes and incidental uses upon the property described in Exhibit A and depicted in Exhibit B. 3. That said Offeror agrees that said offer of dedication shall be irrevocable and that such a government entity may, at any time in the future, accept said offer of dedication of the public right-of-way. 4. That said Offeror agrees that this irrevocable and perpetual Offer to Dedicate is and shall be binding on its heirs, legatees, successors and assignees. SIGNATURES TO FOLLOW N NEXT PAGE IN WITNESSS WHEREOF, this Offer is hereby executed by the said Offeror on the day and year first above writte Agenda Item 8.e. Page 5 Lucia Mar Unified School District : President of the Board of Education This is to certify that the interest in real property conveyed by the IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE, dated November , 2010 from Lucia Mar Unified School District to CITY OF ARROYO GRANDE, a municipal corporation of the State of California is hereby accepted by Resolution of the City Council of the city o Arroyo Grande on November , 2010, and the City of Arroyo Grande consents to the recordation thereof by its duly authorized officers. TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK Agenda Item 8.e. Page 6 ................ WALLACE GROWN CLAPUM CU&NUT skm uft to".0-L ex war, < < Hi < U-3 DRAAANG3 NO- OF co 0 cm E m 2 CL m ATTACHMENT 3 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City o f Arroyo Grande 214 East Branch Street Arroyo Grande, CA 93420 FOR RECOR DER'S USE ONLY GRANT T F BIDE PATH ADD PEDESTRIAN ACCESS EASEMENT T This Grant of Bile Path and Pedestrian Access Easement Agreement (the "Agreement" ) is made this day of November 2010 (the "Effective Dante" ) , by and between the City of Arroyo Grande, a municipal corporation (the "City") and the Lucia Mar Unified School District, (the "District"), a school district formed under the lavers of the State of California. The City and the District are referred to individually throughout this Agreement as "Party" and collectively as "Parties." Fr. ITAI R 1. WHEREAS, District and City entered into a Memorandum of Understanding (the "M U" ) oon or about April 24, 2007, in order to create a conceptual framework for the Parties to plan for, design and develop the proposed extension of the existing City roadway known wn as Castillo Del Mar from its present terminus to alley Road (the "Roadway Extension "); and 2. WHEREAS, District is the o wner of approximately i acres o f real property through which the Roadway Extension would run (the "District Property"); and 3. WHEREAS, pursuant to paragraph b of the M U, the District will provide, deed or dedicate a portion of the District Property to City for the Roadway Extension; and 4. WHEREAS, EAS, the purpose of the Roadway Extension is to improve existing circulation conditions, create a safe, viable transportation corridor and provide access to Vesting Tentative Tract 1789 "Tract 1789"); and 5. WHEREAS, EAS, in anticipation of construction of the Roadway Extension, City applied for, and was granted one hundred and fifty thousand dollars ($150,000.00) in Federal STIP funds by SL O G to construct bicycle lanes along the Roadway Extension which must be used by ; and Agenda Item 8.e. Page 8 6. WHEREAS, the Roadway Extension has been delayed indefinitely due to Tract 1789 funding constraints; and 7. WHEREAS, in order to utilize the Federal STIP funds, the Parties agree that a Class I bike path should be constructed within the net year; and 8. WHEREAS, the bike path will traverse a portion of the District Property, more particularly described in Exhibit "A" and depicted in Exhibit "B ", both of which are attached hereto and incorporated herein (the "Bike Path Property"); and g. WHEREAS, by this Agreement, District will grant a permanent easement to City for bicycle and pedestrian access purposes over, under and upon the Bike Path Property, pursuant to the terms and conditions set forth herein. AGREEMENT oll'll, THEREFORE, E, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. 2. Grant of Easement. District hereby grants to City and City hereby accepts an exclusive easement over, under, in, and upon the Bike Path Property "Bike Path Easement"), pursuant to the terms and conditions set forth herein. 3. Character of Easement. The Bike Path Easement granted herein is perpetual, exclusive and in gross for the benefit of the City, its successors and assigns. 4. lase. City shall use the Bike Path Easement exclusively for the development, construction, and maintenance of a public bike and pedestrian path for bicycle and pedestrian access purposes. 5. R r) %r and Maintenance City shall be solely responsible to per such maintenance and repair of the Bike Path Easement as determined necessary b y City to keep sane in a safe, usable and functional condition. The obligations under this paragraph shall survive the termination of this Agreement and continue so long as City is the holder of the Bike Path Easement. 6. Successors and Assigns The provisions of this Agreement are intended to and will run with the District Property, and will bind, be a charge upon and inure to the benefit of City. 7. Indemnification. City agrees to indemnify and defend the District, its agents, representatives, heirs, successors and assigns, against any and all claims, Agenda Item 8.e. Page 9 actions, or demands, costs or e including reasonable attorney's fees, arising out of or in any way connected to any activities of City, its agents, representatives, heirs, successors, assigns or invitees arising out of their use of the Bike Path Easement, excluding therefrom claims resulting from the negligence or willful misconduct of District. 8. Attorney's Fees If any legal action or proceeding arising out of or relating to this Agreement is brought by either party to this Agreement, the prevailing party will be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorney's fees, costs and expenses incurred in the action or proceeding by the prevailing party. g. Entire Agreement This Agreement constitutes the entire agreement between [district and City relaying to the Bike Path Easement. Any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force and effect unless it is in writing and signed by the District and City or their respective successors and assigns. This Agreement will be effective upon the date it is recorded. 10. Governing Law and V enue . This Agreement shall be construed and enforced in accordance with, and governed by, the lags of the State of California. The Parties hereto agree that all actions or proceedings in connection with this Agreement shall be tried and litigated in the Superior Court located in the County of San Luis Obispo, State of California. 11. Severability If any tarn or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provision or part thereof shall be stricken from this Agreement, and such provision shall not affect the legality, enforceability, or validity of the remainder of the Agreement. If any provision or part thereof of this Agreement is stricken in accordance with the provisions of this section, then such stricken provision shall be replaced, to the extent possible, with a legal, enforceable, and valid provision that is as similar in tenor to the stricken provision as is legally possible. 12. Counterparts This Agreement may be executed in two or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. SIGNATURES TO FOLLOW N NEXT PAGE Agenda Item 8.e. Page 10 III WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first set forth hereinabe. City of Arroyo Grande STEVEN ADAMS, City Manager Lucia Mar Unified School District 0 President of the Board of Education ATTEST: KELLY WETMORE, City Clerk APPROVED AS TO FORM: TIMOTHY J. CARMEL, City Attorney Agenda Item 8.e. Page 11 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.e. Page 12 R INCORPORATED #� ,ULY 10, 1 , F MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER . �5k SUBJECT: AGENDA ITEM 8.E. — SUPPLEMENTAL INFORMATION DATE: NOVEMBER 23, 2010 Staff is working on additional alternatives that may still provide an opportunity to utilize the grant funds to construct the Castillo Del Mar Class I Bike Larne project without an initial commitment of funding by the City. Therefore, it is recommended that this item be continued to the December 14, 2010 meeting. Please let me know if you have any questions. Thank you. A. goo MEMORANDUM To; CITY COUNCIL FROM: STEVEN Hr AI IHIB LI, CHIEF of POLICdc SUBJECT: CONSIDERATION OF USE OF STATE 2010 -11 CITIZENS OPTION FOR PUBLIC SAFETY (COPS) FUNDS DATE. NOVEMBER 23, 2010 RECOMMENDATION: : It is recommended that the City Council: 1 approve the Chief of Police's recommendation to utilize the FY 2010-11 COPS funds to continue the multi -year program for the replacement and enhancement of the Police Department's radio communications equipment; 2 authorize the expenditure of $189,877 carried over from the City's FY 2099 -19 COPS Program; and 3 appropriate $1,734 in accrued interest. FINANCIAL CIAL IMPACT: Where is no General Fund impact. This expenditure involves $100,000 to be received by the City under the COPS Program in FY 2010 -11 and $189,879 carried over from the FY 2909 -19 COPS Program and $1 ,734 in accrued interest. It should be noted that the funding from the California Department of Finance is dependant upon revenue generated from the state V ehicle License Fees and therefore may be less if there is a reduction in overall V revenues. BACKGROUND: The FY 2010-11 State Budget continues funding for the Citizens Option for Public Safety (COPS) Program. Under this program, funding is allocated to local law enforcement for the delivery of services. These funds must be used to augment local laver enforcement services and may not be used to supplant existing funding for such services. As in the past, the declared intent of the Governor and Legislature is to continue COPS as a multi -year program. However, a new appropriation to fund the program is required each succeeding fiscal year. The law requires that these funds be appropriated pursuant to written requests from the Chief of police. The City Council must consider these requests separate and apart from the proposed law enforcement allocations from the General Fund. Additionally, the City must establish a separate interest bearing fund (Fund 271 ) to record the receipt and expenditures of monies received pursuant to this program. The Agenda Item 9.a. Page 1 CITY COUNCIL CONSIDERATION OF USE OF STATE 2070 -11 CITIZENS OPTION FOR PUBLIC SAFETY(COPS)FUNDS NOVEMBER 23, 2010 PAGE 2 each year to consider requests from the Chief of Police. The postponement of this report to October was due to the State's delay in passing a FY 2008 -99 budget. The funds are scheduled to be transferred this month from the State to the San Luis Obispo County Supplemental Law Enforcement Services Fund SLESF, which is administered by the County of San Luis Obispo. The County SLESF Oversight Committee is scheduled to meet to review the requests from the cities in the Counter in November 20190 This review, which is required by law, is to ensure that the use of the COPS funds comply with the requirements and restrictions set forth in State law. Upon approval of the City's expenditure plan for this gear's COPS funds by the Counter SLESF Oversight Committee, the Counter Auditor - Controller will forward the designated funds to the City. The allocation for the City of Arroyo Grande is $1 00,000. Beginning with FY 2095 -0, a decision was made to utilize the COPS allocation over the next five to six gears for the replacement and enhancement of the Police Department's base station radio communications system. A two- phased plan was developed to replace the out -of- support components and enhance the operability of the system. During FY 2006-07, the transmitters are receivers were replaced and the dispatch console equipment was ordered after the Department requested and received proposals. The console equipment replacement was completed in 2007, along with improvements in the dispatch seating, 16 channel upgrades to the logger - recorder system, and some minor mechanical and electric system upgrades to the repeater site. A Communications Overview Report was also commissioned in 2007 using an outside consultant to provide oversight on the existing improvements, and to provide objective technical advice on the plan. In 2008 the dispatch center was expanded, new state of the art consoles were installed and upgrades in both CAD and mapping software was completed. The much anticipated final stage of the county wide CAD to CAD was installed and went operational.. ANALYSIS SIS of ISSUES: The COPS Program is a permanent program in the State Budget, but, a new appropriation to fund the program is required each year as part of the State's annual budget process. As in the past, staff will return at a later date with a recommendation for City Council authorization to proceed with specific e for the project. At this time, the City Council is being asked to approve the Chief of Police's recommendation to designate the FY 2010 -11 COPS allocation of $100,000 for this communications system improvement program. The postponement of this report to November was due to the state's delay in passing a FY 2010-11 budget. Agenda Item 9.a. Page 2 CITY COUNCIL CONSIDERATION OF USE OF STATE 2010 -11 CITIZENS OPTION FOR PUBLIC SAFETY(COPS)FUNDS NOVEMBER 23, 2010 PAGE 3 Staff recommend s. that the FY 2010-11 funding continue to e designated to be used as part of a multi -year program for the replacement and enhancement of the Police Department's radio communications equipment and that the accrued interest of $1 ,734 be designated for use in the Fund's "Special Departmental Supplies" (line item # 271-4202- 52 to allow staff to purchase equipment and supplies not contained in this year's City Budget. The equipment and supplies purchased would be used to support front- line lava enforcement operations, as intended and required by A3229. The prior radio system was purchased in FY 1986- and was approaching 20 years in age. The City's communications maintenance contractor notified the City that the manufacturer would no longer support elements of the existing system with replacement components. The outside estimates for a new system and installation was approximately $507,000. With the success of phase one, we are now ready to move on to the second phase of the project, the system enhancement phase. This may include mobile data terminals for the patrol cars, the potential acquisition of additional frequencies and the procurement of associated mobile devices. ALTERNATIVES: The following alternatives are provided for the Councils consideration; Recommended Al ema i e: It is recommended that the City Council approve the Chief of Polices re ommendation to utilize the FY 2010-11 COPS funds and funds carried over from FY 2009-10 to continue to be used as part of a multi -year program for the replacement and enhancement of the Police Department's radio corn rnuniations equipment and that the accrued interest of $1,734 be designated for use in the Fund's "Special Departmental Supplies" (line item # 271 -4202 -5255) to allow staff to purchase equipment and supplies not contained in this year's City Budget. Consider alternative uses for the FY 2009-10 COPS allocation of $100,000. Provide direction to staff. ADVANTAGES: The advantage of approving the recommended action is that it will continue to provide funding for the enhancernent phase of the police co mrnunication s project with no impact to the City's General Fund. Agenda Item 9.a. Page 3 CITY COUNCIL CONSIDERATION OF USE OF STATE 2070 -11 CITIZENS OPTION FOR PUBLIC SAFETY(COPS)FUNDS NOVEMBER 23, 2010 PAGE 4 DISADVANTAGES: TAGES: The disadvantage of approving the recommended action is that funding could be used for other front line law enforcement programs if alternative funding for communications enhancements is identified. ENVIRONMENTAL REVIEW: IEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The public impacted by the proposal is the Arroyo Grande Police Department's service population. The public has been made aware of the proposal before Council by the publication of a public hearing notice in the Tribune on Friday, November 12, 2010 and by a posting of the Agenda In the front of City Hall on Thursday, November 1 , 2010. Public notice has also been posted on the City's website on Friday, November 19, 2010. No public input has been received to date. Agenda Item 9.a. Page 4 R 0 INCORPORATED MEMORANDUM JULY 10. 1011 F CITY COUNCIL FROM: I: TEI ESA MCCLISH, COMMUNITY DEVELOPMENT T DIF ECTOF BY: RYAN FOSTER, ASSOCIATE PLANNER SUBJECT: CONSIDERATION of DEVELOPMENT T CO E AMENDMENT 10-005; AMEND MUNICIPAL CODE SECTION 16.44,040 REGARDING ING ALLOWED USES IN THE PUBLIC/QUASI-PUBLIC PF ZONING DISTRICT DATE: NOVEMBER 23, 2010 RECOMMENDATION: The Planning Commission recommends that the City Council introduce an Ordinance to amend Section 16.44.040 of the Arroyo Grande Municipal code regarding allowed uses in the Public/Quasi-Public PF zoning district (Development Code Amendment 10-005). FINANCIAL IMPACT: The project will not result in any negative fiscal impact to the City. Potential revenue from any future lease agreements will Vary according to market conditions. The annual revenue from the lease of 214 East Branch Street is $38,520. BACKGROUND: The City Council authorized the relocation of all City Hall staff from the buildings located at tog, 208 and 214 East Branch Street to the recently acquired building at Soo East Branch Street. The buildings at 20 and 208 East Branch Street were sold; however, the City still owns the building at 214 East Branch Street and has reached . long - terra Re/Max, lease agreement for the building with Del Oro, a real estate business. Father than rezone the property at 214 East Branch Street (and other PF properties that may become surplus in the future) from Public/Quasi-Public PF to pillage Core Downtown (VCD), staff recommends a minor amendment to Municipal Code Section 16.40.0 40 that would explicitly allow professional office and retail uses in leased public buildings within the PF zoning district. ANALYSIS of ISSUES: Proposed Cha The proposed Development Code Amendment ( DCA) will revise Table 16.40.040-A ( Uses Permitted Within the Public/Quasi-Public District) as follows: Agenda Item 9.b. Page 1 CITY COUNCIL DCA 10-005 N OVEMBER 23, 2010 PAGE 2 Legend P Permitted P-P MUP Permitted Subject to Plat Plan Review Minor Use Permit CUP Permitted Subject to Issuance of a Conditional Use Permit (see Section 1 .1 . 0 E for additional information - use may be permitted without a Conditional Use Permit or subject to Plot Pla r Minor U Permit based on c riteri a listed h TUP Permitted Subject to issuance of Temporary Use Permit Use PF A. Public/ U ses 1. Animal shelter G CUP 2. Day nurseries and nursery schools CUP 3 . Churches G CUP 4 . Clubs, lodges, fraternities and sororities CUP 5 . Educational institutions (including public or p rivate vocational schools CUP 6 . Fire and police stations G CUP 7 . Hospitals CUP 8 . Post o ffices G CUP 9 . P buildings and grounds not otherwise mentioned herein Q CUP 10. Public libraries and museums G CUP 11. Public parks and recreation facilities ublic or private) P 12. Public utilities and public service substations, reservoirs, pumping plaints and similar installations not including public utility offices G CUP 13. Public utility services offices G CUP 14. Recreational facilities such as zoos, c ountry clubs, tennis and swim clubs, golf courses and private ranges, equestrian centers, with incidental limited commercial uses that are commonly associated and /or directly related to the p rimary recreational use G CUP B. Recreational Uses 1. Convalescent homes, congregate care, assisted living facilities for senior citizens G CUP 2. Residential care facility CUP 3 . Homeless shelters within religious or social org anization buildings G CUP G. Ae*essasf I lees 1. AeGessGF -R 46 i3le eo9ndAiena use p L hinr*L fry the nr av i s i o n s of SeGtien 16.16, 1 an the i ss i i aP r+ e of a ♦ emp nr a r Y ,.. 9 s cirrtilaF r and F;9 nn9re 9hiPr+ #i9n a b1e #h a am he use Wentifie ' I above . the Commission C. Commercial Uses (formul busi nesses as defined in Section 16.04.070 are rohibited on properties in the D-2.4 Overlay) ... ..._ �. Professional office and retail uses in leased public buildings with no ex ansion in MUP .� facilities Professional office and retail uses in leased public buildings requiring_ expansion CUP of facilities Agenda Item 9.b. Page 2 CITY COUNCIL DCA 10-005 NOVEMBER 23, 201 PAGE 3 D. A ccessory U ses 1. Acc essory st an uses l ocate d on th same site as a Permi use M P 2 . Accessory structures an d uses located on the same site as a use requiring a MUP con use permit 3 . Accessory structures an d uses located on the same site as a use requiring a CUP con use p ermi t E. Temporary U ses months or less (Subject to the p rovisions of Section 1 .1 .10o and the issuance of a ternporary TI P use errs it F. Other uses si milar to, and no more _ objectionable than the uses identified CLAP a bove as determined by the Planninq C ommission Explanation of Proposed Change - rr • r• �y.tar.nx . The proposed change will allow the City to lease surplus public buildings to non - public entities (professional office and retail) that are no more intensive than uses currently allowed in the Public /Quasi- Public PF zoning district. Any professional office or retail use of a public building in the PF zone will rewire approval of a Minor Use Permit ( MUP). The primary reason for proposing the change in allowed uses rather than rezoning the property is that the City may re occu the building in the future. This will avoid having to rezone the property every time circumstances change regarding use of the property. The change also prohibits formula businesses as defined in Section 16.04.070) from properties located in the D-2.4 Overlay. Planning Commission R eview The Planning Commission considered the proposed Development Code Amendment ( DCA)at its meeting of November 2, 2010, recommending approval with a -0 vote (Attachment 1). ALTERNATIVES: The following alternatives are presented for City Council consideration: Introduce an Ordinance to amend Section 16.44.040 of the Arroyo Grande Municipal Code regarding allowed uses in the Public PF zoning district; Do not introduce the Ordinance; or Provide d to staff. ADVANTAGES: The proposed Development Code Amendment will provide flexibility to the City (and County) regarding the use of public buildings in the Public/Quasi-Public PF zoning district, allowing the City or County) to lease surplus public buildings to non - public entities while preserving the current inventory of PF zoned property — the primary purpose of which is to ;designate land for the conduct of public, quasi- public, and institutional activities, including the protection of areas needed for such future facilities'. Agenda Item 9.b. Page 3 CITY COUNCIL cA 10 -005 NOVEMBER 23,2010 PAGE 4 DISADVANTAGES: The only potential disadvantage identified by staff would be if the County proposed to lease property to a use that the city apposed, but the City would still have some oversight through the Minor Use Permit (MUP) process. ENVIRONMENTAL REVIEW: Staff has reviewed the proposed project in compliance with the California Environmental Quality Act (CE QA) and has prepared a draft negative Declaration Attachment 2). If the city Council does not agree that this determination is appropriate, project approval cannot be considered at this tire. PUBLIC NOTIFICATION AND COMMENT: An eighth -page advertisement was published in the Tribune on Friday, November 12, 2010. As of November 15, 2010, staff has not received any public comment regarding the proposed project. Attachments: 1. Draft Planning Commission minutes, November 2, 2010 2. Draft Negative Declaration Agenda Item 9.b. Page 4 ORDINANCE No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING DEVELOPMENT CODE AMENDMENT 10-005 TO AMEND SECTION 16.44.040 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING ALLOWED USES IN THE PUBLIC/QUASI-PUBLIC (PF) ZONING DISTRICT WHEREAS, EAS, the City has determined that the public building located at 214 East Branch Street is not currently needed for City business purposes; and WHEREAS, the City wishes to preserve its existing inventory of Public/Quasi-Public PF zoned properties; and II HEF EAS, the City has initiated Deve lop rnent Code Amendment 10-00 5 to amend Arroyo Grande Municipal Code Section 16.44.040 expanding allowed uses in the Public/Quasi- Public (PF) zoning district; and WHEREAS, after consideration of all testimony and all relevant evidence, the City Council has determined that the following Development Code Amendment findings can be made in an affirmative manner: A. The proposed change to Section 16.44.040 will preserve the city's existing inventory of Public /Quasi- Public (PF) zoned properties, and is therefore desirable to implement the provisions of the General Plan. B. The proposed change to Section 1 . . o will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. C. The proposed change to Section 16.44.040 is consistent with the purpose and intent of Title 16, satisfies the intent of chapters 1 6.32 and 16.36 of the Municipal Code and provides for internal consistency; D. As disclosed in the Negative Declaration prepared for the project, the potential environmental impacts of the proposed change to Section 16.44.040 are insignificant. NOW, THEREFORE, E, BE IT ORDAINED by the City Council of the city of Arroyo Grande as fol lows: Agenda Item 9.b. Page 5 ORDINANCE ANC NO. PAGE 2 SECTION 1: The above recitals and findings are true and correct and incorporated herein b y this reference. SECTION : Municipal Code Section 16. .g g is hereby amended as follows: Lead P Permitted 11UP Permitted Subject to Minor Use Permit CUP Permitted Subject to Issuance of a Conditional Use Permit (see Section 1 .1 . B for additional information - user may be permitted without a Conditional Use Permit or subject to Minor Use Permit based on criteria listed herein TUP Permitted Subject to Issuance of Temporary Use Permit Use PF A. Public/Quasi-Public Uses 1. Animal shelter CUP 2. Day nurseries and nursea schools CUP 3 . Churches CUP 4 . Clubs, lodges, fraternities and sororities CUP 5 . Edu ationai i nstitutio n sf in cl udin u b I ic or p rivate vocatio nal schools CUP 6 . Fire and police stations cup 7 . H CUP 8 . Post offices CUP 9 . Public build and grounds not otherwise mentioned herein CUP 10. Public libraries and museums CUP 11. Public parks and recreation facilities (public or pri P 12. Public utilities and public service substations, reservoirs, pumping plants and similar installations not including ubli utility offices CUP 13. Public utility services offices CUP 14. Recreational facilities such as zoos, country clubs, tennis and swim clubs, golf courses and private ranges, equestrian centers, with incidental limited commercial uses that are commonly associated and/or directly related to the p rimary recreational use CUP B. Recreational Uses 1. Convalescent homes, congregate care, assisted Irving facilities for senior c itizen s CUP 2. Residential care facility CUP 3 . Homeless shelters within religious or social oE buildings CUP C. Commercial Uses (formula businesses as defined in Section 16.04.070 are p r o hibited on properties in the D-2.4 Overly Professional office and retail uses in leased public buildings with no expansion in facilities I IUP Professional office and retail uses in leased public buildings requiring expansion o f facilities CUP D. Ae Uses 1. Accessory structures and uses located on the same site as a permitted use MUP 2. Accessory structures and uses located on the same site as a use requiring a conditional use permit MUP 3. Accessory structures and uses located on the serve site as a use requiring a conditional use permit CUP Agenda Item 9.b. Page 6 ORDINANCE No. PAGE E. Temp Uses months or less (Subject to the provisions of Section 1 .16.100 and the issuance of a temporary TUP use permit F. Other uses similar to, and no more objectionable than the uses identified CUP above, as determined by the Planning Commission SECTION 34 If any section, subsection, subdivision, paragraph, sentence, or clause of this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional. SECTION : Upon adoption of this Ordinance, the City Clerk shall file a Notice of Determination. SECTION : A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five days prior to the City Council meeting at which the proposed ordinance is to be adopted. A certified copy of the full tent of the proposed Ordinance shall be posted in the office of the City clerk. Within fifteen ( 15) days after adoption of the Ordinance, the summary with the names of those City Council Members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full tent of such adopted Ordinance. SECTION : This ordinance shall take effect on the later of thirty 30 days from the date of adoption. On motion of , seconded by , and on the following roll call vote to wit: AYES: NOES. ASSENT. the foregoing ordinance was adopted this : day of December, 20 10. Agenda Item 9.b. Page 7 FINANCE I. PAGE TONY FERRARA, MAYOR ATTEST: KELLY WETMO E, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGE APPROVED AS TO FIB: TIMOTHY J. CARMEL, CITY ATTORNEY Agenda Item 9.b. Page 8 ATTACHMENT 7 MINUTES PLAITING C Mll ISSI NOVEMBER 2.2001 6:00 P.I. CALL TO ODDER - The Arroyo Grande Planning Commission met in regular session with Chair Brown presiding; also present were Commissioners Barnei h, been, Martin and Ruth. Staff members in attendance were Community Development Director, Teresa McClish and Associate Planner Ryan Foster. ANNOUNCEMENTS: ,None. AGENDA REVIEW: There were no changes to the order of the Agenda. APPROVAL OF MINUTES: On a motion by Chair Brown, seconded by Commissioner Barneich, the minutes of October 19, 2010 were approved with the followi ng requested changes: 1. Page 1, last paragraph, regarding Grace Bible Church, "Commissioner Keen stated the fire door should be darker, strike "than trim "; the motion should also include this condition. 2. Page 3, Item II.B. Variance Case No. 10-001001, Commissioner keen did not second the motion. Chair Brown seconded the motion; male changes to reflect this. 3. Page 4, Item II.D. last paragraph, re People's Self Help Housing; Commission discussion should include a request by Commissioner been, that if the project is approved it should -be conditioned to require that Curtland Street be red - striped (no parking) in appropriate areas. A. ORAL COMMUNICATIONS: N ne. B. WRITTEN COMMU AFTER AGENDA PREPARATION: The Commission received the following material after preparation of the agenda: 1 Legislative Copy of Proposed Changes to Public Hearing Item Il.A Development Code Amendment 10-005, Section 16.44.040 2. Administrative Item TUP Case No. 10-020, Rab ban , 1260 E. Grand Ave for temporary placement of an artificial Christmas tree. 3. Administrative Item PPR Case No. 10-005, Duke and Lori Sterling, 124 Allen Street regarding additional conditions of approval for the proposed project. 4. Administrative Item PPR 10-015, Paulding School riparian Restoration ration and Educational Trail, Central Coast Salmon Enhancement. II, PUBLIC HEARING ITEMS. A. DEVELOPMENT CODE AMENDMENT CASE NO. 10-006; APPLICANT CITY OF ARROYO GRANDE; LOCATION — CITYWIDE Associate Planner, Ryan Foster presented the staff report for consideration of a proposed amendment to Development Code Section 1 6.44.040 regarding allured uses in the Public./Quasi- Public (PF) zoning district; the changes would add a new category o f use to allover professional office and retail use with a Minor Use Permit or Conditional Use Permit and would only apply to public buildings (City or County) within this zone. After a discussion with Commissioner F uth, language has also been added to the Table under Section C, Commercial Uses, to clarify that formula businesses are prohibited on properties within the D- Overlay District. In conclusion, Mr. Foster recommended that the Planning Commission adopt the Resolution re rr mending that Agenda Item 9.b. Page 9 PLANNING COMMISSION MINUTES NOVEMBER 2, 20010 PAGE the City Council adopt an ordinance to amend the Development Code Section 16.44.040 as proposed . Commissioner been stated that all the explanations in the table refer to buildings and asked about ;`undeveloped land", Staff explained that the Public/Quasi-Public (PF) zoning district only includes City /County owned buildings and that any new buildings in this zone would have to be approved with a conditional use permit. Chair Brown opened the Public Hearing for public comment and hearing none closed it. Commissioner Keen made a motion, seconded by C ommissioner Barnei h recommending that City Council adopt an ordinance to amend the Development Code Section 16.44.040, regarding allowed uses in the Public/Quasi-Public (PF) zoning district, including revisions proposed by staff and adopt, RESOLUTION N. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE TO AMEND THE DEVELOPMENT CODE SECTION 16.44.040 REGARDING ALLOWED USES IN THE PUBLIC/QUASI-PUBLIC (PF) ZONING DISTRICT APPLIED FOR BY THE CITY OF ARROYO GRANDE The motion was approved by the following roll call Grote: A YES: Commissioners Keen, Barnei h, Chair Brown, Martin & Ruth NOES: None ABSENT: None the foregoing Resolution was adopted this 2 day o November 2010. III. NON - PUBLIC HEARING ITEMS: None. 111. REFERRAL AL ITEMS FOR COMMISSION ACTI N N TILES OF ADMINISTRATIVE 1. TUP 10 -021 Farm Supply 1079 E1 Camino Real Farm Supply is hosting a BBQ for all Approved Stephanie costumers on November 17, 2010 Shaffer from 7:30 am to 6:00 pm. 2. TUP 10-022 St. Patrick's School 900West Branch St. St. Patrick's is hosting a Christmas Approved Darryl Tree, Wreath & Garland sale, Toys for Mimic Tots and 13130 lunch from December 1, 2010 to December 201 0. . PPR 10-015 Central Coast Salmon 229 Stanley Ave. Paulding School riparian restoration Approved Kelly Enhancement and educational trail. Hefifernon . TIP 10 -020 Rabobank 1260 E. Grand Ave. To allow placement of an artificial Approved Jim Christmas tree. Bergman 5. PPR 10-005 Duke & Lori Sterling 124 Allen St. Project revised, ARC recommended Approved Jinn approval as Bergman The Commission reviewed the Administrative Items and commented on Item No. 5, PPR Case No. 10 -005, 124 Allen Street, with Commissioner Barnei h stating she would like to see a process put Agenda Item 9.b. Page 10 PLANNING COMMISSION MI NUTES NO 2, 20010 PAGE 3 in place to monitor proposed demolitions s0 that miscommunication would not happen again. She suggested that all department staff: involved meet at the site at the same time to monitor the demolition. Commissioner Keen suggested that no fees be waived until everything was in Order. Director McClish thanked the Commission for their suggestions and stated that staff was working o n a procedure to require any demolition activities be conditioned s as to prevent miscommunication. The Commission had no further concerns on the Administrative Items. V . DISCUSSION ITEMS; Done. 111, PLANNING ING C MMISSION ITEMS AND COMMENTS: None. 1111. COMMUNITY DEVELOPMENT DIRECTOR COMMENTS AND F LL 11 -UP, - . None. Hill. ADJOURNMENT: On motion by Commissioner Keen, seconded by Chair B rown and unanimously carried, the meeting adjourned at 6:20 p.m. ►�1kAd6 L N F EAF D N -SMITH for TIM BROWN, CHAIR DEBBIE WEIDHINGER SECRETARY TO THE COMMISSION As TO CONTENT: TER ESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR Approved at the meeting) Agenda Item 9.b. Page 11 ATTA H M E I T 2 CITY OF INITIAL STUDY/ .. . ......... .. VN%-2 11 NEGATIVE DECLARATION L i t # _ i � 1 1°k , Agenda Item 9.b. Page 12 Agenda Item 9.b. Page 13 INITIAL STUDY NEGATIVE DECLARATION October 2010 DA 104005 Project: Development Code Amendment 10 -005 Lead Agency: City of Arroyo Grande Document Availability: City of Arroyo Grande Community Development Department 14 East Branch Street Arroyo Grande, CA 93420 http Project Description: The proposed project would amend Development Code Section 1.44.040 regarding allowed uses In the Public/Quasi-Public (PI` ) zoning district. Specifically, it would revise Table 16-44.040-A to allow professional office and retail uses in leased public buildings with approval of a Minor Use Permit (MUP). Summary Document Preparation: Pursuant to Section 21082:1 of the California Environmental Quality Act,, the City of Arroyo Grande (the City) has independently reviewed and analyzed the Initial Study and Negative Declaration for the proposed project and finds that these doc u ments reflect the independent judgment of the City. Teresa c lisp, AI P Community Development Director Ryan Foster Associate Planner (0 Date zz ^ Jo Date Page 3 of Agenda Item 9.b. Page 14 INITIAL STUDY NEGATIVE ATIME DE LARATION October 2011 DA 1D -O Table of Contents Introduction dada. rsddard*** ., +.r........ +......r..■a.&a. 04 a aria■. t a rda a a a as t0t a t d a d as 0 a drr0■.■■ rrda0000rrrraad0■■ ■a..r char. d a d a d. r rd d dr.ad, *P........ Introduction and Regulatory Gu idance ........... ra&......... r. t . ■.t & .......................... tart.tt. ................•.............. V . LeadAgency ........................+..•.+ r... t.. t...................rras r+...... ............................... iii........ ................ir•itr•titr #tt• Purpose and Document Organ . rat. i.+ r.. a....... t .. ............................... trait+&& t. r..... r. ............................... Summaryof Findin . ■.......... add.... t....... 0..•.. r.• ....................•...■.. a... ......t......•................. 0 ......................rr0 rad r■ ProjectDescri ... r..rta.r..t....ttt.tt.....rr.......t...t....aa..t.......■.t.t.t.t..ttratta.t.a..tt.a.....tttt.t.trt. r .....0.■....rard.0..r.•.• +...•. Introduction ............................................. P ....... P ............ 0.0 ....................... rids........ 0..................................... Location raadd... d. d......aa...... r .............&......... r............... 0........... ............................... iii.. s d.............................■ Background and Need for Project ■ r . ............................... stir drat &... tar........................ 8 ProjectDescription ... ..• ............................ tat. t&rtat......tr. r. r.........,...............•...aardddd........ ............................... V Other Requir Public Agency Approvals ........................... Related Projects ...... m ...... + astir attar &iri+ri rtrti rri.rirsr ram am a as a a a am a a 0 a 0 a a a& add a a 0 rata&. attar& + *r *.rt..*f.a.aaaarir.r as i.ssit as M Mad s 1& 0 a a@ am M as Environmental Checklist.. .... m.--mm ... t.■■ ................. ...............■ra...........ra ra rata #sa tattatsritt++at■ ProjectInformation ■....■.... +.....0......0.. +00.........0.... ass. d. s...■.ddd.■ d.draa..r0drrrrarrdd00rdrattaa.tttatt .. ............................... Environmental F a c r Potentially Affected .t t. t. t r+ t t t.& r t ...... r ........ d d .... r ..... d d• r r d r r. d d r r t d s.• a t t t r r 1 Determination r...... r ....................&.. r....•..+ ............................... add■tatta0dt artt■...... ............................... 1 E valuation of E nvironmental Impacts ................... ............. rd. 0..0addrrdddd.dar00ttat.ttat0 a&.... ....0.•........................ 11 Environmental Issues ....... ............... &.....dad....... d............. ............................... t.......... ............................... 1-2 I ■ Aesthetics r...&trtt............ at..t.tt. a.ttart.t. r.ta.■ r.tt..tt at..rtr.•... t...• ..... ..............................■ tart ............................... 12 Il■ A ricu[ture and Forestr Resources .... ............................... rat. t&........... r........ d....... ............................... 1 Ill Air Quality ..• ...... ......................6.4...... ...... r• ............... +0.0rd.dd 0000.0000 d d d a 000 a a.rra.•....•.......■. 0 a a.. a. 0 a sr a a a 013 IV. Biological t.. art #rt.rr.. tirtirr..ritta tr. rirr.. a. ........ *.. *0..0.0aaa0aar000rra rrraa00t0trtttt0attrrrt .t... *.. a.a0rsaar0asy r0000rt0■ 1 V. Cultural Resources ...•..•........... . ........ +..... +.... +....... + +.d r..0000.ddrddrrrdrrr0 rrdadararat .•0a &.r.. & +......... +. r.. rd d. &00..00 tdadatrd J Vi Geology and oils ■ a+dta d ..............................• star......+.............. ............................... atria .....a&...............a.... 1 11. Greenhouse a E missions ...................................... ............................... rarer...... ............................... 1 VIII Haza and Hazar Materials a........... 0 . ............................... tart.......r..&&........ ............................... 1 IX Hydrology and Water Quality .....................tat &art .. a r ............................ •• .................. & r ........................... 18 X . Land Use and Planning 0 adrdd.r r0......d.+aaaadr0000.r d.dr.r dad.+ ........................................... d. dd ............................... 1 SCI Mineral Resources .....+. 0 ................................. 0....... ............................... art......... ...........rrddr ■a■t.....0..... ►. 1 X11 Noise d.. dad..r... aa....rr..... dr.... d... r.. d.rr. ar . ............................... tat. t. r...r ta............................. afar &r. +.....0a...•.d.a +d } III. Population and Housing si ng.......d. add ddd ...........................• tat .+aa+t►.at&ta.r.r +.r +.. *. #.sd #daa0aadidat #aria. +r........a0 rt..da ad a0 2 XI■ Public Services .......... ............. 21 X a Recre ............. ................................................... ....... m tat+trt.. a. r... ........a......0d00............ 1 Page 4 of 2 Agenda Item 9.b. Page 15 INITIAL STUDY NEGATIVE DECLARATION October 2010 DA 10 -005 XI■ Transportation/Traffic ...................................................................................... ............•............■•.... XVIL Utilities and Service Systems ■ .......................................................................... ............................... Mandatory Findings o■ Significance ............................................................................. ............................... 2 References......... .......................... a............ ................ a.. a............................................... ............................... i Do & Maps ■ ..................................■•............•............■.............■........■.....•....■ ............................... Page 5 of 25 Agenda Item 9.b. Page 16 INITIAL STUDY NEGATIVE DECLARATION October 2010 DOA 10 -00 Introduction Introduction and Regulatory Guidance The Initial Study/ Negative Declaration (IS/MND) has been prepared by the City of Arroyo Grande (the City) to evaluate the potential environmental effects of the proposed project. This document has been prepared in accordance with the California Environmental Quality Act (CEQA), Public Resources ource Code §21000 et seq., and the State CEQA Guidelines, California Code of Regulations ( ) §15000 et seq. Are Initial Study is conducted by a lead agency to determine if a project may have a significant effect on the environment [CEQA Guidelines §15063(a)]. If there is substantial evidence that a project may have a significant effect on the environment, an Environmental Impact Report (EIR) must be prepared, in accordance with CEQA Guidelines §15064(a). However, if the lead agency determines that revisions in the project plans or proposals made by or agreed to by the applicant mitigate the potentially significant effects to a less -than- significant level, a Mitigated Negative Declaration may be prepared instead of an EIR [CEQA Guidelines § 15070(b)]. The lead agency prepares a written statement describing the reasons a . proposed project would not have a significant effect on the environment and, therefore, why an EIR need not be prepared. This IS 1D conforms to the content requirements under CEQA Guidelines 15071. Lead Agency The lead agency is the public agency with primary approval a over the proposed project. In accordance with CEQA Guidelines §15051(b)(1), "the lead. agency will normally be an agency with general governmental powers, such as a city or county, rather than an agency with a single or lim ited purpose." The lead agency for the proposed project is the City of Arroyo Grande. The contact person for the lead agency is: Ryan Foster, Associate Planner City of Arroyo Grande Arroyo Grande, CA 93420 (805) 473 -5420 Purpose and Document Orgapization The purpose of this document is to evaluate the potential environmental effects of the proposed project. This document is organized as follows: 0 Introduction This chapter provides an introduction to the project and describes the purpose and organization of this document. • Project Description This chapter describes the reasons for the project, scope of the project, and project objectives. 0 Environmental Setting, Potential Impacts and Mitigation Measures Page 5 of 25 Agenda Item 9.b. Page 17 INITIAL STUDY NEGATIVE DECLARATION October 2010 DA 10 -005 This chapter identifies the significance of potential environmental impacts, explains the environmental setting for each environmental issue, and evaluates the potential impacts identified in the CEQA Environmental (initial Study) Checklist. Mitigation measures are incorporated, where appropriate, to reduce potentially significant impacts to a less-than- significant lev 1. Mandatory Findings of Significance This chapter identifies and summarizes the overall significance of any potential impacts to natural and cultural resources, cumulative impacts, and impact to humans, as identified in the Initial Study. References This chapter identifies the references and sources used in the preparation of this iS ND. it also provides a list of those 1nvoIved in the preparation of this document. Summar of Findin Section 3 of this document contains the Environmental (Initial Studer) Checklist that identifies the p t ntia I e nvi ro nrnentaI irn pacts (by en i ro nmentaI issue) and a brief discussion of each irnpact resulting from implementation of the proposed project. In accordance §15064(f) of the CEQA Guidelines, a Negative Declaration -shall be prepared if the proposed project will not have a significant effect on the environment. Based on the available project information and the environmental analysis presented in this document, there is no substantial evidence that the proposed project would have a significant effect On the environment. it is proposed that a Negative Declaration be adopted in accordance with the CEQA Guidelines. Page 7 of Agenda Item 9.b. Page 18 INITIAL STUDY NEGATIVE DE LAR TION Octo ber2010 DCA 1D -005 Project Description Introduction This Initial Study/ Negative Declaration (IS/ND) has been prepared by the City of Arroyo. Grande (thee City) to evaluate the potential e nvi ro nrnentaI effects of the proposed project. Location The proposed project would affect all Public/Quasi-Public (PF) zoned properties within the City of Arroyo Grande. Background ground ►rid Need for Project The City of Arroyo Grande owns several properties within the Public/Quasi-Public (PF) zoning district throughout the City. Rather than sell o rez 'ne these properties when they become surplus to due to consolidation /relocation of rvice .. the City wishes to lease them long-term, possibly to anon- public entities. Project Description The proposed project would amend Development Code Section 16.44.040 regarding allowed uses in the Public /Quasi- Public (PF) zoning district. Specifically, it would reprise Table 16.44.040 -A to allow professional office and retail uses in leased public buildings with approval of a Minor Use Permit (MUP). Other required Public Agency Approvals No other public agency approvals are required for the proposed project. Related Projects None. Page 8 of Agenda Item 9.b. Page 19 INITIAL STUDY NEGATIVE DECLARATION DCA 10 -00 October 2010 Environmental Checklist Project Information Project Title: Lead Agency Name & Address: Contact Person &Telephone Number: Project Location: Project Sponsor Name & Address: General Plan Designation: Development Code Amendment 10-005 City of Arroyo Grande 214 East Brach Street Arroyo Grande.. CA 93420 Ryan Foster,, Associate Planner (805) 473 -5420 Citywide City of Arroyo Grande 214 East Branch Street Arroyo Grande.. CA 93420 Community Facilities F Zoning: Public/Quasi-Public (PF Description of Project: Refer to page Surrounding Land Cases & Setting: Varies Approval Required from Other Public Agencies: None Page 9 of 25 Agenda Item 9.b. Page 20 INITIAL STUDY NEGATIVE DECLARATION DCA to -005 October 2010 Environmental Factors Potentially Affected The environmental factors c hecked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact", as indicated by the checklist on the following pages: n Aesthetics [] Biological Resources [] Greenhouse Gas Emissions E] Land Use /Planning E] Population /Housing Transportation Traffic [] Agricultural Resources El Cultural Resources [:] Hazards & Hazardous Materials E] M ineral Resources [J Public Se rvi es [] Utilities/Service systems D Air Quality 0 Geology /soils [J -HydroIogy water Quality Noise Recreation E] Mandatory Findings of significance D etermination O n the basis of this initial evaluation: 1 find that the proposed project COULD NOT h ave a sign ificant effect on the environment and NEGATIVE DECLARATION will be prepared. I find that, although the original scope of the proposed project COULD have -head a significant effect on the environment, there WILL NOT be a significant effect because revisions / mitig a tions to the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be. prepared. 1 find that the proposed project MAY I have a significant effect on the environment and an ENVIRONMEI TAL IMPACT REPORT or its functional equivalent will be prepared. ❑ I find that the proposed project MAY have a "potentially significant impact" or "paternally significant unless mitigate impact" on the environment. However, at least one impact has been adequately analyzed in an earlier document, pursuant to applicable legal standards, and has been addressed by mitigation measrs based on the earlier analysis, as described in the report's attachments. An ENVIRONMENTAL TAL IMPACT REPORT is required, but it must analyze only the impacts not sufficiently addressed in previous documents. I - find that, although the proposed project could have had a significant effect on the environment, because all potentially significant effects Piave been adequately analyzed ire are earlier E1R or Negative Declaration, pursuant to applicable standards, and have been avoide - d or mitigated, pursuant t an earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, all impacts have been avoided or mitigated to a less-than- s ignificant level and no further action is required. s r•� y. Ryan Fost Associate Planner Date Page 10 of 25 Agenda Item 9.b. Page 21 INITIAL STUDY NEGATIVE DECLARATION October 2010 DCA 10 -005 Evaluation of Environmental Impacts 1. A brief explanation is required for all answers, except "No Impact ", that are adequately supported by the information sources cited. A "No Impact" answer Is adequately supported if the referenced information sources show that the impact does not apply to the project being evaluated (e.g., the prof ct falls outside a fault rapture ione). A "No Impact" answer should be explained where it 'is based on general or project - specific factors (e. the project will not expose sensitive receptors to pollutants, based on a project - specific screening analysis). 2. All answers must consider the whole of the project - related effects, both direct and 'indirect, inc Iuding off -site, cumulative, construction, and operational impacts. 3. Once the lead agency has determined that a particular physical Impact may occur, the checklist answers must indicate whether that Impact is potentially significant, less than i g nificant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate when there is sufficient evidence that a substantial or potentially substantial adverse change may occur in any of the physical conditions within the area affected by the project that cannot be mitigated below a level of significance. If there are one or more "Potentially Significant Impact" entries, an Environmental impact Report EIR is required. 4. A "Mitigated Negative Declaration" (Negative Declaration: Less Than Significant with Mitigation Incorporated) applies where the incorporation of mitigation measures, prior t declaration of project approval, has reduced an effect from 'Potentially Significant Impact" to a "Less Than Significant Impact with Mitigation." The lead agency must describe the mitigation measures and briefly explain how they reduce the effect to a less than significant level. S Earlier analyses may - be used where, pursuant to the tiering.. program Elie or other CEQA process, an effect has been adequately analyzed in are earlier EIR (including a G enerakl Plan) or Negative Declaration [CCR, Guidelines for the Implementation of CEQA.. § 15063 {c)( fj. References to an earlier analysi should: a) Identify the earlier analysis and state where it is available for review. b Indicate which effects from the environmental checklist were adequately analyzed in the earlier document, pursuant to applicable legal standards, a n'd whther these effects were adequately addressed by mitigation measures included in that'analysis. ) Describe the mitigation measures ire this document that were incorporated air refined from the earlier document and Indicate to chat extent they address site - specific conditions for .this project. 6. Lead agencies are encouraged to incorporate references to information sources for potential impacts Into the checklist or appendix e.g., general plans, zoning ordinan es, biological assessments). Reference to a previously prepared or outside document should include an 'indication of the page or pages where the statement is substantiated. 7. A source list should be appended to this document. Sources used or individuals contacted should be listed in the source list and cited in the discussion. 8. Explanation(s) of each issue should identify: a) the criteria or threshold, If any, used to evaluate the significance of the impact addressed by each question and b the mitigation measures, if any, prescribed to reduce the impact beioW the level of significance. Page 11 of 25 Agenda Item 9.b. Page 22 INITIAL STUDY NE ATIVE DECLARATION . D A 10 -005 October 0100 Environmental Issues I. Aesthetics Environmental Setting The project applies to all existing public buildings in the Public/Quasi-Public (PF ) zoning district throughout the City of Arroyo Grande. Potentially Less Than significant Less Than Significant ! Significant No Impact Impact Would ld the project: itigation Impact a Have a substantial adverse affect on a scenic Arista? El El El b Substantially damage scenic resources, including, but not limited to, trees, rock oUtcroppings, and ❑ El ❑ E historic buildings within a state scenic highwa Substantially degrade the existing visual character or El 0 El quality of the site and its surroundings. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in ❑ El ❑ ED the area? Discussion a -b, d: No impacts. c: New signago could potentially affect the visual character or duality of a site or its surroundings; however, the application of existing sign regulations will ensure that the visual character or quality of a site or its surroundings will not be substantially degraded. 11. Agriculture and Forestry Resources Environmental Setting The project does not impact any agricultural lard. Page 12 of 25 Agenda Item 9.b. Page 23 INITIAL STU DY NEGATIVE DECLARATION October 2010 DA 10 -D0 * In determining w hether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Lard Evaluation and Site Assessment Model (1991), prepared by the California Department of C onservation as an optional model for use in assessing impacts are agricultural and farmland. Discussion a -e: N impacts. 111. Air Quality Environmental Setting San Luis Obispo County is in non-attainment status for ozone 3 , respireable particulate matter ( M10) and vinyl chloride under the California Air Resource Board (CARE) standards. The County is in attainment status for all other applicable C ARB standards. Potentially Less Than Less Than significant Less Than Significant significant No Impact wlt#� Would the pro)ect: Impact Impact Mitigation a ) C onvert P rime Farm Unique Farm or Significant N Impact Farmland of Statewide Importance (Farm as shown on the maps prepared pursuant to the ❑ El Farmland Mapping and Monitoring Program of the El California Resources Agency, to non - agricultural use? ❑ � b) Conflict with existing zoning for agricultural use or a Williamson Act contract? El El El � c Conflict with existing zoning for, or cause rezoning of, forest l and (as defined in Public Resources Code section 12220)g)), timberland (as defined by P ubli c ❑ Resources Code section 4S26) or timberland z zo ned � El Timberland Production (as defined by overnment Code section 114g? d Result in the loss of for land or conversion of forest land to non - forest use? ❑ E e) Involve other changes in the existing environment which, dine to their location or nature, could result in El El [l � conversion of Farmland to non - agricultural use? * In determining w hether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Lard Evaluation and Site Assessment Model (1991), prepared by the California Department of C onservation as an optional model for use in assessing impacts are agricultural and farmland. Discussion a -e: N impacts. 111. Air Quality Environmental Setting San Luis Obispo County is in non-attainment status for ozone 3 , respireable particulate matter ( M10) and vinyl chloride under the California Air Resource Board (CARE) standards. The County is in attainment status for all other applicable C ARB standards. Page 13 of 25 Agenda Item 9.b. Page 24 Potentially Less Than L ess Than S! 9 n cant Signifi with ith Significant N Impact Would the project. Mitigation Impact a ) Conflict wi or obstruct impl of the 't El 1:1 ❑ � l' appl a r quality p b Violate any air quality standard or contribute substantially to are existing or projected air quality ❑ vio Page 13 of 25 Agenda Item 9.b. Page 24 INITIAL STUDY NEGATIVE ATIVE DE LARATI I October 201 CA 1. -005 Result in a cumulatively considerable net increase of any criteria pollutant for which. the project region is in non - attainment under an applicable federal or state ambient air duality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d Expose sensitive receptors to substantial pollutant concentrations. e Create objectionable odors affecting a substantial M El number of people. * Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied on to make these determinations. Discussion a: No impacts. b -e: Office professional and retail uses have substantially the same impacts as the public uses currently aIlowed in the Public / uasi- Public. (P F) zoning district; they are not anticipated to in rease impacts to air quality. IV, Biological Resources Environmental Setting The project applies to developed properties within the Public/Quasi-Public zoning district. Would the project: a) Have a substantial adverse effect, either directly or through habitat mock €fication, on any species identified as a sensitive, candidate, or special status' species in local or regional plans, policies, o r regulations, or by the California Department of Fishy and Carne or the U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? e Have a substantial adverse effect on federally protected wetlands, as defined by §404 of the Clear Water Act (including, but net limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Potntia ## L Than - Less Than Significant Significant Less Impact Impact wrth - impact Mitigation El E] E] M 1:1 1:1 1:1 E 1:1 El El 0 Page 14 of 2 Agenda Item 9.b. Page 25 INITIAL STUDY NEGATIVE DECLARATION October 2010 DCA 1 -005 d Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife Cl M corridors, or impede the use of native wildlife nursery sites? Conflict with any local policies or ordinances protecting biological resources, such as a tree [] O preservation policy or ordinance? f Conflict with the provisions of an adopted Habitat Conservation Plan, lateral Community Conservation roved local re gional, or state ha � El Plan, or other a p� conservation plan? Discussion a -f: No impacts. V . Cultural Resources Environmental Setting. The project applies to developed properties within the Public /Quasi - Public zoning district. I. Geology and Soils Environmental setting The project applies to developed properties within the Public /Quasi- Public zoning district. Page 15 of Agenda Item 9.b. Page 26 Potentially Less Th an Sig nifi c ant less Th an Signifi h �� � significant No Imp the project: . I Mitigat I Impa ar Cause a substantial adverse change in the significance of a historical resource, as defined in El E] §15064.5? b) Cause a substantial adverse change in - the significance of an archaeologica resource, pursuant to §15064.5? c Disturb any human remains, including those interred outsi of formal cemeteries? El. El El Discussion ion a -c: No impacts. I. Geology and Soils Environmental setting The project applies to developed properties within the Public /Quasi- Public zoning district. Page 15 of Agenda Item 9.b. Page 26 } INITIAL. STUDY NEGATIVE DECLAMATION October 2019 D A 1D -00S No Impact [ rhl. 1 000 041 L ess Than Potentially Less Than Less Than Signifi Significant Significant Significant with Would the project: Impact Impact Mitigation a Expose people or structures to potential substantial Im pact adverse effects, including the risk of loss, injury, or ❑ death involving: 0. Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map, issued by the State Geologist for the area, - or based o other � � ❑ substantial evidence of a known fault? l f { erto Division of M ines an Geology Special Publication 2.) II) St seismic ground h iii) Seismic-related ground failure, including liquefaction? i) Landslides? b) Result in substantial soil erosion or the loss of ❑ El ❑ topsoil? c) Be located o n a geologic unit or soil that is unstable, or that would become unstable, as a result of the. project and potentially. result in ors -or off -site ❑ ❑ landslide, lat era l sprea subsidence, liquefac or co d) B located on expansive soil, defi in Ta 18- 1-B of the Uniform Building Code (1994 ), creating ❑ ❑ � substantial risks to life or property? e) Have soils i ncapa ble of adequately supporting the use of septic tanks or alternative waste disposal El El 0 r av f systems, w h ere s ewer s e not f o r the dis of waste Wat er? Discussion a -. N impacts. IL Greenhouse Gas Emissions Environmental Setting The project applies to developed properties within th e Pu blic ua i- Public zoning district. No Impact [ rhl. 1 000 041 L ess Than Potentially Significant S Wou the project: Impact a) Generate greenhouse gas em i ssions, either d Im pact or Indirectly, th may have a significant effect on the ❑ environment? No Impact [ rhl. 1 000 041 L ess Than Less Than Significant S ignificant No Impact w ith Mi Im pact ❑ 0 ❑ Page 16 of 25 Agenda Item 9.b. Page 27 INITIAL STUDY NEGATIVE DECLARATION October 2010 DA 10 -005 b Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of ❑ El M Ei greenhouse gases? Discussion a-b: Office professional and retail uses have s ubstantiaily the same impacts as the public uses currently allowed in the Public/Quasi-Public (PF) zoning district; they are not anticipated to increase impacts to greenhouse gas H) emissions. VIII Hazards and Hazardous Materials Environmental l Setting The project appil sto d eve loped properties within the Public uasi- Public zoning district. Na Impact Page 17 of 2 Agenda Item 9.b. Page 28 Potentially Less Than Less Than Significant Significant ficant with Would the project. Impact Impact Mitigation a Create a significant hazard to -the public or the environment through the routine transport, use, or E E Cl disposal of hazardous material b Create a significant hazard to the public or the environment thrciugh rea on' ably foreseeable upset and/or accident conditions involving the release of ❑ hazardous materials, substances, or waste into the environment?... c Emit hazardous emissions or handle, hazardous or acutely hazardous- materials' substances.. or waste W one-quarter roil of an axi §tin q g or proposed school? d) Be - located - on a site which - is included on a list of hazardous materials sites, compiled pursuant to El El El Government Code 65962.E and as a result create significant hazard to the public or environment? e) Be located within an 'airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport? If so, would the [] El project result in a safety hazard for people residing or working in the project area f Be located in the vicinity of a private airstrip? If so, Would the project result in a safety hazard for people E residing or working in the project area? g Impair implementation of or physically interfere with an adopted emergency response plan or ❑ El ❑ emergency evacuation plan? h) Expose people or structures to a significant risk of loss, Injury, or death from wildland fires, Including El El El areas where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Na Impact Page 17 of 2 Agenda Item 9.b. Page 28 INITIAL STUDY NEGATIVE DECLARATION ED October 2010 DA 10;005 El Discussion El 11 M a -h. No impacts. E] M IX Hydrology and water Quality El E] Environmental Setting El 0 The project applies to developed properties within the Public /Quasi - Public zoning district. Potentially Less Than Significant Less Than Significant With significant No Impact Would the project: Impact Mitigation Impact a Violate any water quality standards or waste ishar P r uirerent b Substantially deplete groundwater supplies or interfere substantially with groundwater recharge, such that there would be a net deficit in aquifer VoIu. me or a - lowering of the local groundwarter table level e.g., the production rate o f pre-existing nearby galls would drop to a' level that would not support existing land uses - or planned uses for which permits have been granted)? Substantially alter the existing drainage pattern of the site or area, including. through alteration of the course of a stream or river, in a manner which would result in substantial on- or off -site erosion or siltation? d ) Substantially alter the existing drainage pattern of the site or area, including through alteration of the course of a stream or river, or substantially increase the rate or amount nt of surface runoff in a manner which would result -in on- or off -site flooding? e) Create or contribute runoff water which would exceed the capacity of existing or planned storrnwater drainage systems or provide substantial additional sources of polluted runoff f) Substantially degrade water quality? g) Place housing within a 10-year flood hazard area, as upped on a federal Flood Hazard Boundary or Flood Insurance Rate Map, or other flood hazard delineation map?. h) Place structures that would impede or redirect flood flows within a 100-year flood hazard area? i) Expose people or structures to ar significant risk of loss, injury.. or d.eath from flooding, including flooding resulting from the failure of a levee or darn? j) Result in inundation by seiche, tsunami, or mudflow? Discussion a-j: No impacts. El El El 0 El ED ED El El El ED ED El E] El 11 M El E] M El El E] 11 El 0 Page 18 of 2 Agenda Item 9.b. Page 29 INITIAL STUDY NEGATIVE DECLARATION October 2010 DA 10 -o0S X. L Use and Plannin EnvironmenW setting The project applies to developed pro perti s within the Publi uaNsi- Public zoning district. Potentially Leis Than Significant Less Than Significant with Signifi No Impact Would the project: Impact Mitigation Impact a) Physica d an established community? ❑ �] ❑ � b Conflict with the applicable land use plan, po licy, or regulation of any agency with Jurisdiction over the project (including, but not limited t, a general plan, s p ecific Ian loca coastal p rogra m , r � � � � non El ordinance) adapted for the purpose of avoiding or mitigating an environmental effect? c Conflict with any applicable habitat conservation p lan or natural c ommunity conservation plan? El Discussion a, c: No im pacts. Xt. Mineral Resources E nvironmental Se tti n g The project a pplies t developed properties wi thin the Pu ua si - Pu zo ning di tr t. Potentially Less Than Ig t Less Than Significant VIlitl Significant o Impact I�UId t�'# ra'ect` Impact Impact pact V - flll�t�at�on a) Result in the less of availability of a known mineral resource that is or would be of value to the region and ❑ ❑ ❑ the residents of the state? b result in 'the loss of availability of a locally important mineral resource recovery site delineated on a local eneral Ian specific plan, r : p f 1� P , o o ther land use . plan? Discussion a -b: No impact X11. Noise Environmental Setting The project applies to developed properties within the Public /Quasi - Public zoning district. 064-1 041 Page 19 of 25 Agenda Item 9.b. Page 30 INITIAL STUDY NEGATIVE DECLARATION October 2010 CA 10 - 005 d -f: N o Im pacts. X111. Population and Housing Environmental Setting The project applies to developed properties within the Public/Quasi-Public zoning district. Potentially L Tian Less Than Significant Le T Significant Significant Significant No Impact with Would the project: Impact impact Mitigation a Generate or expose people to noise levels in e xcess Significant No Impact of standards established in - a focal general plan or Impact noise ordinance, or in other applicable local, state, or Impact federal standards? b Generate or expose people to excessive El groundborne vibrations or groundborne noise levels? c Create a s ubstantial permanent increase in ambient noise levels in the vicinity o f the project (above levels ❑ ❑ � without the project)? d) Create a substantial temporary or periodic increase in ambient noise levels in the vicinity of the project, in ❑ El El F] excess of noise levels existing without the project? e) Be located withint are- airport land use plan or, where such a plan has not been adopted, within two miles of ❑ a public airport or public u airport? if so, would the ❑ ❑ ❑ � project expose people residing or wring in the project area to excessive noise levels? f) Be in the vicinity of a private airstrip? If so, would the project eppe people residing or working in the 1:1 El ❑ project area to excessive noise levels? Discussion a - c: office professional and ret uses have su the same impacts as -tine public uses currently allowed in the Public/Quasi-public (PF) zoning district; they are not anticipated to increase impacts to noise. d -f: N o Im pacts. X111. Population and Housing Environmental Setting The project applies to developed properties within the Public/Quasi-Public zoning district. Page 20 of 25 Agenda Item 9.b. Page 31 Potentially Le T Significant Less Than Significant with Significant No Impact Would the project: Impact Mitigation Impact a) Induce substantial population growth in an area, either directly (for example, by proposing new home and businesses) or indirectly (for example, through e xte rn ion of roads or other inf ra stru cture) b Displace substantial numbers of existing housing, necessitating the construction of replacement housing ❑ ❑ ❑ e lsewhere? Page 20 of 25 Agenda Item 9.b. Page 31 INITIAL STU DY N EGATIVE D ECLARATIO N October 2010 DA 1D -005 c Displace substantial numbers of people, necessitating the construction of replacement housing ❑ ❑ ❑ � elsewhere? Discussion a -c: No impacts. XIv. Public Services E nvi ronm ental Se ttin g The project applies to developed properties within the Public /Quasi - Public zoning district. References.- 10. 4 Xv. Recreation Environmental Setting The project applies to developed properties within the Public /Quasi - Public zoning district. Would the project: a Increase the use of existing neighborhood and regional parks or other recreational facilities, such that substantial physical deterioration of the facility would occur or be accelerated Potentially Ls Than Le �'han Significant S ignifi c ant Significant No Impact Impact Mitigation Impact 0 0 1:1 0 Page 21 of 25 Agenda Item 9.b. Page 32 Potentially Less Than Significant Less Than Significant with Significant No Impact Would the project; Impact Mitigation Impact a Result in si environmental. impacts -from construction aN sociated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, to El ❑ 0 maintain acceptable serv ratios, response times, or other performance objectives for any of the public s ervices: Fire protection? ❑ ❑ ❑ Police protection: ❑ ❑ ❑ Schools? El ❑ ❑ Parks? ❑ ❑ ❑ Other public facilities? El 1:1 ❑ Discussion a: Although the project will allow the non - public use of public buildings, it will apply to surplus public property and therefore not impact public services. References.- 10. 4 Xv. Recreation Environmental Setting The project applies to developed properties within the Public /Quasi - Public zoning district. Would the project: a Increase the use of existing neighborhood and regional parks or other recreational facilities, such that substantial physical deterioration of the facility would occur or be accelerated Potentially Ls Than Le �'han Significant S ignifi c ant Significant No Impact Impact Mitigation Impact 0 0 1:1 0 Page 21 of 25 Agenda Item 9.b. Page 32 INITIAL STUDY NEGATIVE DECLARATION October 2010 DA 10 -005 b) include recreational facilities or require the construction or expansion of recreational facilities that El El El H might have an adverse physical effect on the environment? Discussion a - N o impacts. X 1. Transportation/Tra Environmental Setting . The project applies to developed properties within the Public/Quasi-Public zoning district. - Potentia L Than �gn�fi less Than . Sig nificant with h Signifi No Imp - Would t he project: Impact Mitigation Impact Cause a substantial increase in traffic.. in relation to exist traffic and the ca of the street sys (i.e., a substantia increase in e ither the number of ❑ El H El vehi trips, the vo lume to. capacity ratio on roa ds, or cong at intersec b Exceed, individually or cumul tiv ly, the level of service standards etabfi'sbed by the county congestion El management ent agency for - designated roads or highways? c Cause a change in air traffic patterns, including either an increase in traffic levels or a change= in El 0 location, that results I n substantial safety r d) Contain a desi feature e.g., sharp curves or a d ang erous intersection) or incom patible uses e. g., El El 0 farm equipment) that would substantially i ncrease hazards? e Result in inadequate emergency access? ❑ ❑ fl Resu in Inadequate parking capacity? El El El g) Conflict, wi ado pte d policies, plans, or programs supporting a lternative tr ansportation ( bus ❑ t urnouts, bicycle rac ks)? Discussion a -b: office professional and retail uses have substantially the same impacts as the public uses currently allowed in the Public /Quasi - Public (PF) zoning district; they are not anti to increase impacts to traffic. c -g: No impacts. XVIL utilities and service systems Environmental Setting The project applies to developed properties within the Public/Qua zoning district. Page 22 of 25 Agenda Item 9.b. Page 33 INITIAL STUDY NEGATIVE DECLARATION October 2010 DCA 1 -005 Page 23 of 25 Agenda Item 9.b. Page 34 Potentially Less Than Significant Less Than Significant w ith with Significant No Impact Would the project: Impact liti Impact a) Exceed wastewater ater treatment restrictions or standards of the applicable Regional Water Quality E] El Q Control Board? b Require or result in the construction of new grater or wastewater treatment facilities or expansion of El El � ❑ exciting facilities? Would the construction - of these fa ilitie cause El s ignificant environmental affects? c) Require o r result in the construction of new storm water d ra inage facilities or expansion of existing facilities? d Have sufficient water supplies available to serve the project f rom existing entitle nts' and resources or [l ❑ 0 are new or expanded entitlerylents needed? - e) Result ult in a determination, by the wastewater treatment provider th at serves or may serve the project, that it has adequate capacity to -service the ❑ El 11 project's anticipated demand, in addition to the provider's a ci ting commitments? f B e served by a landfill with sufficient' permitted capacity to accommodate the project's .solid waste El 0 [� disposal needs? g ) Comply with federal, state, and local statutes and regulations as they relate to solid waste? E] El ED ❑ D iscussion a - g: Office professional an retail uses have su bstantially the same impacts as the public uses currentl allowed in the Public/Quasi-Public ( PF) zoning district; they acre not anticipated to increase impacts to utilities & service sys ern . Page 23 of 25 Agenda Item 9.b. Page 34 INITIAL STUDY NEGATIVE TIVE DE LARATIO DA 1 -005 Potentially Less Than Less Than Significant significant significant Impact with Mitigation Impact Mandatory Findings of Significance Would the project: a Substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species; cause a fish or Wildlife population to drop below self-sustaining levels; threaten to eliminate a plant or animal community; substantially reduce the number or restrict the range of an endangered, rare or threatened species; or eliminate examples of the major periods of California history or prehistory? b) Have the potential to khieve short -term environmental goals to the disadvantage of long -term environmental goals? c) . Have possible environmental effects that are individually limited but cumulatively considerable? "'Cumulatively. considerable" means that the incremental effects of an -individual. project are significant When viewed in connection With the effects of past projects, the effects of other current projects, and the effects of possible future projects. d) Cause substantial adverse effects on human beings, either directly or indirectly? October 2010 No impact FM Isk A-1 Discussion a, c -d: Because office profession and retail uses have substantially the same impacts as the public uses currently allowed in the Public /Quasi- Public (PF) zoning district; they are not anticipated to increase any impacts to a significant level. b: There are no short- -term environmental goals in the project description that will be achieved to the disadvantage of long - terra environmental goals. Page 24 of Agenda Item 9.b. Page 35 INITIAL STUDY NEGATIVE ACTIVE DECLARATION DCA 1D -005 October 2010 References Documents &-Maps 1. Arroyo Grande General Plan 2. Arroyo Grande Municipal Code 3 Arroyo Grande Zoning Neap 4 Arroyo Grande Exciting Settings sport & Draft Arroyo Grande Liting Settings 1prt (20 10) 5. Arroyo Grande Urban Water Management Plan 6. Arroyo Grande Stormwater Management Plan 7. San Luis Obispo Important Farmland Map (California D partrri nt of Conservation.. 2006) 8. CEQA & Climate Change White Paper (CAPCOA.. 2008) 9. Air Quality Handbook (L APD, 2009) Page 25 of Agenda Item 9.b. Page 36 MEMORANDUM INCORPORATE rM JULY 10. 1911 qtIFOft T: CITY CODICIL FROM: TER ESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: CONSIDERATION OF AN ENCROACHMENT AGREEMENT EEMENT ET WEEN THE CITY AND NAT COMMERCIAL L IN CONNECTION WITH THE "SHOPS AT SHORT STREET" PROJECT ECT DATE: NOVEMBER 23, 2010 RECOMMENDATION: EN ATION It is recommended the City Council approve an agreement to address indemnification, insurance and construction issues associated with the reconstruction Of short Street and offsite sewer improvements associated with the "Shops at Short street" project. FINANCIAL IMPACT: In lieu of paying a daily encroachment - fee for the non-exclusive right, privilege and permission to use the Property, NKT agrees to waive all rent and leasing cost that were incurred by City after August 31,'2010 in connection with the leasing and holding Over Of the real property located at 300 E. Branch street "Farm Credit Building ", arising Out Of the Lease Agreement between City and NIT dated March 19, 2O0. BACKGROUND: O February 23, 2010 the City Council adopted Resolution No. 4262 and approved an Agreement for Purchase and Sale and Improvement (including the creation of two lots, demolition and construction of the Shops at short street project, [the "project] ) and subsequently approved minor modifications to the Agreement On April 27, 2010 and September 14, 2010. On August 24, 2010 the City Council adopted a Resolution olution approving the subdivision and final design for the project. O September 28, 2010, the City Council approved a Temporary Use Permit "TUP" to use the parking area behind the property and short Street for constru purposes and implementation Of related safety measures subject to certain conditions Of approval "C A" , including the requirement to enter into an encroachment agreement to address indemnification, insurance and construction issues. Building permits have been issued and construction is underway. ANALYSIS OF ISSUES: Reconstruction Of short Street and replacement Of a sewer main in 01ohan Alley will Occur as part Of the shops at Short Street project (Shops) in Order to reduce the overall construction timeline and reduce costs. Agenda Item 10.a. Page 1 CITY COUNCIL CONSIDERATION of AN ENCROACHMENT T AG EEMENT BETWEEN THE CITY AND NIT COMMERCIAL IN CONNECTION WITH THE "SHOPS AT SHORT STREET" PROJECT ECT NOVEMBER 23, 2010 PAGE 2OF3 During consideration of the Temporary Use Permit, the City Council discussed concerns relating to the length of street closure for Short Street during construction. Therefore, use of Short Street at that time was only authorized for temporary periods as determined necessary b y the Community Development Director for public safety purposes. Staff was directed to return with a more specific schedule of any necessary closure of Short Street along with recommendations on hoer to minimize the impact on local businesses. Following the Council meeting, staff scheduled a meeting with the contractor and invited all businesses in the pillage. The contractor reviewed the project logistics and proposed schedule. Feedback was solicited from business owners regarding key issues. Staff then met with the contractor to review all potential alternatives for minimizing impacts to the businesses, particularly focusing on ways to reduce the closure period for Short Street. As a result, the contractor was able to reduce the projected closure period from eight to sic weeks. This is a conservative estimate, but it could be lengthened if negatively impacted by wet weather conditions. The construction schedule was also modified so that Short Street will remain open until after the Christmas holidays to avoid the busiest shopping period. At that point, either 01ohan Alley or Short Street will remain open at all times for the duration of the project. There may be short periods where only one lane of Short Street is open and when 01ohan Alley will be closed. Staff created an e-mail list of businesses in the pillage core, which is being used by the contractor to distribute ongoing updates on the construction schedule. The City's practice on all capital projects has been to pursue construction practices that reduce impacts on adjacent businesses. Two differences between this project and other street related improvements present challenges in further reducing the anticipated closure period. First, since the street is being realigned, the amount of construction that will be required would make it difficult to perform the work at night and then return the street each day to a condition adequate for vehicles. Second, since the street is being constructed to one lane, there is no way to alternate the work from one side to the other to allow one travel lane as is done on other street projects. ALTERNATIVES: ES: Staff has worked with the contractor to review all alternatives available to reduce the Short Street closure, which includes the following that have been identified for Council's consideration: 1. The first option is to approve the agreement, as recommended. 2. The second option would be to request the contractor to work expanded fours. This would not enable the road to be open during the day, but it could reduce the closure period to an estimated 4 1 / creeks. Reducing the schedule by this Agenda Item 10.a. Page 2 CITY COUNCIL CONSIDERATION OF AN ENCROACHMENT AGREEMENT BETWEEN THE CITY AND NKT COMMERCIAL IN CONNECTION WITH THE "SHOPS AT SHORT T STF EET" PROJECT NOVEMBER 23, 2010 PAGE 3F3 amount of time would result in an estimated increase in costs of $30,000 - $40, 00. 3. The third option would be to request night work, which could decrease the closure time to as little as two weeks. However, during the increased time the street would be open, it would be a one lane gravel road. This would create dust that could spillover to the adjacent paring lot and decrease safety. As a result, the contractor would require the City to hold the contractor harmless, thus creating potential liability to the City. Costs would increase by an estimated $45,000, and the overall length of the project schedule or timeline would increase, thus risking the potential of not completing the project by strawberry Festival or initial Centennial activities and lengthening the ultimate impacts on neighboring businesses. ADVANTAGES: Approval of the proposed Agreement would allow for project construction to occur to conjunction with the Shops project, reducing the overall construction timeline and impacts by several weeks, reducing the costs of the project and a proactive means to address construction issues. DISADVANTAGES: The construction will still result in some negative impacts to businesses. However, staff believes that further measures available will not be cost effective given the limited benefit. ENVIRONMENTAL REVIEW: IEW: This Agreement is a empt from e nvi ro nmen #al review per C. E A section 1 5061 (3). PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, November 18, 2010. The Agenda and report were posted on the City's website on Friday, November 19, 2010. No public comments were received. Agenda Item 10.a. Page 3 RECORDING REQUESTED UESTED BY AND WHEN RECORDED RETURN 1 To City Clerk City of Arroyo Grande 214 East Branch Street Arrow Grande, CA 03420 FOR F EC DEF 'S USE ONLY ENCROACHMENT AGREEMENT {NO RECORDING FEE -- EXEMPT} This Encroachment Agreement "Agreement" is entered into this day of November, 2010 by and between the City of Arroyo Grande, a California municipal corporation ("City") and NKT Holdings, LLC, a California limited liability company CNKT"). Throughout this Agreement, the City and NIT are referred to individually as "Panty" and collectively as "Parties." RECITALS 1. WHEREAS, EAS, City owns, operates and maintains the Olohan Alley Parking Lot "Parking Lot's) and rights of way located at Olohan Alley and Short Street, Arroyo Grande, California ("Rights-of-Way") and described and depicted in Exhibit "A" attached hereto and incorporated herein; and 2. WHEREAS, EAS, NKT is performing construction on certain real estate located ad jacent to the 01ohan Alley Parking Lot and the Rights-of-W and 3. WHEREAS, EAS, NKT wishes to use portions of the Parking Lot and Rights-of- Way described and depicted in Exhibit "B" attached hereto and incorporated herein (hereinafter referred to as "the Property" ) for construction purposes and implementation of related safety measures, including no parking zones and a pedestrian walkway, during the period from October 2010 through flay 2011; and 4. WHEREAS, NKT applied to City for a Temporary Use Permit "TUP" to use the Property for construction purposes and implementation of related safety measures and said T U P application was approved by the Arroyo Grande City Council o n September 2 8, 2010, by F esoIution 4311, subject to certain conditions of approval "C OX); a n d 5. WHEREAS, C A No. 5 requires NIT to enter into an encroachment agreement to address indemnification, insurance and construction issues, to the satisfaction of the City Attorney; and 6. WHEREAS, City is willing to allow NKT use of the Property, subject to the terms and conditions set forth herein. Agenda Item 10.a. Page 4 AGREEMENT NOW, THEREFORE, E, in consideration of the mutual promises and Obligations contained herein, the Parties hereby agree as follows: 1. Permission to Encroach. City hereby grants to NKT the non-exclusive right, privilege and permission to use the Property for construction purposes and implementation Of related safety measures, subject to the terms o f this Agreement. 2. Encroachment Fee. In lieu of paying a daily encroachment fee for the non - elusive right, privilege and permission to use the Property, NKT, as partial consideration, hereby agrees t o waive any and all rent and leasing costs that were incurred by City after August 31, 2010 in connection with the leasing and holding Over Of the real property located at 300 E. Branch Street "Farm Credit Building"), arising Out Of the Lease Agreement between City and NKT dated March 19, 2009. 3. No Representation by NKT has independently investigated the Property and knows its condition; NKT acknowledges that the City makes no representations with respect to the Property Or its condition and that NKT is not relying On any representation Of the City Or the City's agents with respect to the use Or condition Of the Property. This Agreement grants NKT the privilege and permission to use the Property in its present condition "as is" without warranties, either express Or implied. 4. Scheduling The Parties agree that the schedule attached hereto as Exhibit "C" entitled Precise Schedule of Use and Closures "Schedule" and incorporated herein, is a best estimate Of the anticipated use and closures of the Property. The Parties acknowledge that it is not possible t0 foresee all circumstances and events that include, the weather or any other acts out of the control Of the Parties that affect scheduling, and that changes in scheduling may Occur in the use Of the Property. All changes to the Schedule must be approved in writing by the Arroyo Grande Community Development Director. 5. follows: Covenants of NKT NKT hereby covenants and warrants to the City as a. TO comply with all applicable lavers and Ordinances including the City's land use, building and safety requirements. b. TO refrain from causing waste, damage o injury to the Property. C. TO comply with all Conditions Of Approval and Mitigation Measures contained in Arroyo Grande Council Resolution lution Numbers 4262, 4302, and 4311. d. NKT shall not have any right to enlarge the present scope of this Agreement, without the prior written consent Of the City. Agenda Item 10.a. Page 5 e. To use the Property exclusively for construction purposes and implementation of related safety measures. f. To return the Property to the condition it existed prior to the commencement of the Agreement. 6. Provision of Temporary Public F estrooms During the term of this Agreement, ITT shall provide temporary public restroom facilities "Temporary Festroorn Facilities" satisfactory to City and in the locations designated by City at its sole cost and expense. NKT shall provide one ferrule, one male and one ADA compliant res room. The restrooms shall be at least equivalent to MarBorg Industries VIP Double Fetroom Trailer or the Central Coast Industries Gold Festroon Dual Trailer and the Marborg Industry ADA Wheelchair Accessible F estroom or the Central Coast Industries ADA Unit, respectively. Additionally, NKT shall at its sole cost and expense, ensure, to City's satisfaction, that the Temporary F estroom Facilities are kept in a safe, clean and sanitary condition throughout the terra of this Agreement. 7. Indemnification of the City NKT agrees to indemnify, defend and hold harmless, and. further agrees that any of its contractors and/or agent that provide work, or services in connection with NKT's obligations under the Agreement agree to indemnify, defend and hold harmless, the City, the City Council and each member thereof, and every officer, commissioner, agent and employee of the City, grantees and assigns from and against all claims, actions, liabilities, damages, costs, expenses and judgments, including attorneys' fees, which relate to, arise from, or are In any way connected with NKT's use or occupancy of the Property, or any portion thereof, on account of any injury to persons or damage to property, excluding therefrom such injury or damage caused by the proven sole negligent amts of the City. This provision shall survive the expiration or termination of this Agreement 8. Insurance. NKT shall maintain and require each and every contractor and/or agent that provides work, or services in connection with NKT's obligations under this Agreement to maintain, prior to the commencement of and for the duration of this Agreement insurance coverage as specified in Exhibit "D" attached hereto and incorporated herein. g. Terra The permission granted to NKT to use the Property under the terms of this Agreement shall terminate on May 31, 2011 subject to the following: a. City may, at City's election and sole discretion, terminate the permission granted by this Agreement immediately without such notice at any time if i NKT fails to comply with or abide by any provision of this Agreement or ( ii) if NKT's continued use of the Property presents a health or safety hazard. 10. Binding Effect This Agreement shall, at all times, be binding upon the City and ITT and their agents, successors and approved assigns. 11. Governing Law and V enue . This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of California. The Parties hereto agree that all actions or proceedings in connection with this Agreement Agenda Item 10.a. Page 6 shall be tried and litigated in the Superior Court located in the County of San Luis Obispo, State of California. 12. t t me s' fees In the event of legal action to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to recover their costs, including reasonable attorney fees and costs. 13. Amendments. Amendments to this Agreement shall be in writing and shall be made only with the mutual prior written approval of the parties to this Agreement. 1. Entire Agreement This Agreement constitutes the entire agreement and understanding of the Parties hereto and contains all representations between the Parties with respect to the subject matter hereof. Each Party has had the opportunity to consult independent counsel of its own choosing. No Party in executing this Agreement has relied upon any inducements, promises or representations made by any other Party or any representative of any other Party except as set forth in this Agreement. This Agreement can only be modified in writing signed by all Parties to this Agreement. 15. Assignment NIT shall not assign this Agreement without the prior written consent of the City. 16. Representation on Authority of Paty S „icinatories Each of the Parties represents and warrants that he is duly authorized and has legal capacity to execute and deliver this Agreement. Each Party represents and warrants to the other that the execution and delivery of the Agreement and the performance o such Party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms. 17. Counterparts This Agreement may be executed in any number of counterparts each of which shall be deemed an original, and all of which shall constitute one and the same agreement. 18. Waiver No waiver by a Party of any provision of this Agreement shall be considered a waiver of any other provision or any subsequent breach of the same of any other provision. SIGNATURES TO FOLLOW N NEXT PAGE Agenda Item 10.a. Page 7 IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed on the day and year first written above. CITY OF ARROYO 0 F A E ITT HOLDINGS, LLC STEVEN ADAMS, City Manager IN Its: ATTEST. KELLY WETMORE, City Clerk APPROVED AS TO FORM: TIMOTHY J. CARMEL, City Attorney Agenda Item 10.a. Page 8 Agenda Item 10.a. Page 9 CL 2) rMIL 3 q a one way vehICum*Ia&w&Iw* travel lane beh*in'd the construcion Is area, will be establ*ishedl. EXHIBIT C -P- IW. DMGN & CONSTRKK)N, INC, P. 0 . Box 115 4 • SAN Luis Caspo CA 93406 • FFU (305) 544 -3130 • FAX (805) 781 -3970 • IKENSE 55491 November 18, 2010 Too Carol Florence At: oas i Associates Re: Shops at Short Street Schedule This is an aggressive schedule, which will require some degree of cooperation from the weather. It will maintain two points of access to the back of the shops along 01ohan Alley. It is designed to minimize the duration of the project and thus the impact on the City of Arroyo Grande. Month t Start work Oct 25 with Haz Mat abatement of the Malt Shop. Concurrent with that work will be abandoning water, power, gas, sewer to the building. We will also be installing site fencing, establishing pedestrian pathways per the plan, installing pedestrian protection, erosion control, etc cs necessary for this f irst stage of construction. Physical demo of building and asphalt parking lot will then start. This phase will take about one week. A ter demo o f the ex fisting bldg and parking lot, abandonment of any remaining utilities, irrigation, lighting control wiring, etc impacting the new building area will be completed. Construction of the new building pad will follow including over excavating down to ` below the existing grades and then re-- compacting dirt under the new building and patio. This work will encroach out into the north bound lame of Short St for a brief period, allowing south bound traffic only on Short St. Concurrent with pad construction will be the start of utility work, building any water,, sewer, electrical, and storm drain structures possible. Month 2 Construction of concrete foundations, retaining walls, under slab utilities, and slab on grade will be under way on the building. We will be continuing underground utility work both in the front of the new building and in 01ohan Alley. Pedestrian walkways, traff is control erosion cont rol, etc will remain in place, adjusted on a dai ly basis as necessary. Month This month we will be working on getting the building concrete f inished. l= raming of the structure gill begin in December. UtiIity tie -ins f roan the building to the new and existing utilities will take place. Agenda Item 10.a. Page 11 J,W. DEsIGN & CONSTRUCTION INC. RO- Box 1154 - Sm Luis oBi Po CA 93406 •OFR E (805) 544 - 3130 a FAX (805) 7 81 -397 0 • L1 E E 55491 Month 4 This month will be a mixture of framing, interior electrical, plumbing, and mechanical work. Also door f rames, window frar es, roofing, and a terior lath wiII be installed. 0 lohan AIIey will be opened up with temporarry asphalt patches over utility trenches for through traffic. berno of the ex fisting and construction of the new Short St impr vements gill begin in January. Utilities will be first, followed by prep of site curb, getter and sidewalk areas. Traffic control, pedestrian control, erosion control measures will be adjusted as required due to changing site conditions. Month After plaster is complete, we gill start siding, brIc k veneers, pre -oast concrete, a terior trellises, pre -oust concrete,, etc. Work on Short St will continue with construction of curbs, gutters, and s1dewa Iks. Base and pawing will follow, depending on the quantity of rainfall. Month March and early April will see a continuation/completion of exterior finishes. Them scaffolding cones down, grading and prep for new sidewalks around the building will begin, f o I lowed by any site hardscaEpe and landscape. 5 hor*t Street work w i l l complete wit h striping, signage landscape, etc. The goal is to complete the shell work for the Shops at Short Street approx. 4/25111, six months of te r the start of work. Tenant irpretent work which is currently not realer contract to I, nor part of this permit or schedule may be taking place after 4111111 for several months. Clem B ock, Sr. Project Manager, J. W. Design & Construction, Inc. Ph 805 - 544 -3130, Fax 805 - 544 -0115 e-mail, cjb@jwdci.com Agenda Item 10.a. Page 12 FXHIBIT D INSURANCE F E U I E M ENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement o endorse the existing coverage to do so. consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to city in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy from CG 00 01 or the enact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1 ,000,000 per occurrence. Business Auto coverage on ISO Business Auto Coverage from CA 00 01 including symbol 1 (Any Auto) or the enact equivalent. Limits are subject to review, but in. no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Consultant o Consultant's em ployees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state - approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1 ,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary ) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self- insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required Agenda Item 10.a. Page 13 herein. Limits are subject to review but in no event less than $1,000,000 per occurrence. Professional Liability o Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designated to protect against acts, errors or omissions of the Consultant and "Covered Professional Service t' as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1 000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on o before the effective date o f this agreement. Insurance procured pursuant to these requirements shall be written by insurer that are admitted carriers in the state California and with an A.M. Bests rating of A- or better and a minimum financial size 1111. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1 . Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all Consultants, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, o Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless o f the applicability of any insurance proceeds, and to require all Consultants and subcontractors to do likewise. 3. All insurance coverage and limits provided by Consultant and available o applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.' 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so- called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any Consultant or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make Agenda Item 10.a. Page 14 any reductions in scope of coverage e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided City has the right, but not the duty, to obtain any insurance it deers necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require Its insurer to modify such certificates to delete any exculpatory w rd ing stating that failure of the insurer to mail written notice of cancellation imposes no obligation, o that any party will "endeavor" as opposed to being required) to comply with the requirements of the certificate. g. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subContraotr, is intended to apply first and on a primary noncontributing basis in relation to any other insurance o self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees than upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self- or to use any self- insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any Consultant, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of wort on the project contemplated by this agreement to self- insure its obligations to City. If Consultant's existing coverage includes a deductible or self - insured retention, the deductible or self- insured retention must be declared to the City. At the time the City shall review options with the Consultant which may include reduction or elimination of the deductible or self - insured retention, substitution o other coverage, or other solutions. 12. The City reserves the right at any time during the terra of the contract t change the amounts and types of insurance required by giving the Consultant ninety ( 90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increase benefit to City. Agenda Item 10.a. Page 15 13. For purposes of applying insurance coverage only, this- Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 1. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non - compliance with any insurance requirements in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or Its employees or agents face an e from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the sane coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 1. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor a s a waiver of any c overage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all - inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 2. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used b any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to Agenda Item 10.a. Page 16 reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment Of premiums or ether amounts with respect thereto. 22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assures no obligation o liability by such notice, but has the right (but net the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Agenda Item 10.a. Page 17 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 10.a. Page 18 WCORPQRATED JULY 10, loll 1 F MEMORANDUM DUAll To: CITY COUNCIL FROM: TE ESA MCCLISH, COMMUNITY DEVELOPMENT ELOPMEI T DIF ECTO BY: JOHNATHAN R, HURST, BUILDING OFFICIAL SUBJECT: CONSIDERATION OF A PROPOSED ORDINANCE AMENDING PORTIONS OF TITLE 8 (FIRE CODE) AND TITLE 15 (BUILDING AND CONSTRUCTION CODES) OF THE ARROYO GRANDE MUNICIPAL CODE [SATE: NOVEMBER EMBEF 3, 201 RECOMMENDATION: : It is recommended the City Council: 1 Introduce an Ordinance amending Arroyo Grande Municipal Code Chapter 8.04 related to the adoption of the California Fire Code and International Fire Code; amending Chapter 8.08 related to Fireworks; and amending Chapter 15.04 related to the adoption of the California Building Code, California Residential Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Green Building Code, California Existing Building Code, California Energy Code, California Historical Building Code and the International Property Maintenance a Code and 2 Schedule a public hearing for December 14, 2010, in accordance with the requirements of Government Code Section 50022.3, to consider final adoption of the Ordinance. FINANCIAL CIAL IMPACT: No fiscal impact. BACKGROUND: The State's Health and Safety Code requires local governments to adopt the most recent editions of the model codes related to fire and life safety. The construction codes include the California Building, Fire, Residential, Plumbing, Mechanical, and Electrical Codes, the Green Building Code, and other related codes. If the City Council adopts the proposed Ordinance, the most recent editions of the construction codes with the applicable amendments will be in effect within the City of Arroyo Grande as required b State law. The m significant change to the Building Standards Codes is the addition of the new California Residential Code. This code will now require all residential occupancies to be fitted with automatic fire sprinklers. Fire sprinklers have provided an outstanding safety record in industrial, commercial, and institutional applications for over 100 years. Residential fire sprinkler systems have been in place since the 1970's. National Fire Agenda Item I I.a. Page 1 CITY COUNCIL CONSIDERATION OF A PROPOSED ORDINANCE AMENDING PORTIONS OF TITLE 8 {FIRE CODE} AND TITLE 15 (BUILDING AND CONSTRUCTION CODES) OF THE ARROYO GRANDE MUNICIPAL CODE NOVEMBER 23, 2010 PAGE 2 Protection Association NFPA statistics show that in a home equipped with a residential fire sprinkler system and smoke detectors, survivability of a fire is elevated to g percent. Statistics also indicate that a sprinkler system will extinguish or control a fire at or near its point of origin 91 percent of the time. The activation of a fire sprinkler system greatly limits the production of carbon monoxide and keeps the fire temperature tolerable by extinguishing or keeping the fire small. Heat from a fire will activate the sprinkler system usually within two to three minutes. Only the heads directly above the fire will activate (usually limited to one or two heads) each discharging between 10 - 26 gallons of water per minute. Hose lines used by fire suppression personnel for interior firefighting will each discharge 125 to 200 gallons of water per minute. Without fire sprinklers, by the time the Fire Department arrives on the scene, the fire has potentially grown to a size requiring multiple hose lines. It is a fact that sprinkler systems can save lives, but they also limit fire and water damage. In accordance with Government Code Section 50022.0 relating to the adoption of codes by reference, after the first reading of the title of the Ordinance and of the title of the codes to be adopted thereby, a public hearing is to be scheduled and notice provided in accordance with the statute. It is recommended that the public hearing be set for December 1, 2010. ANALYSIS of ISSUES: The Mate's Health and Safety Code (Section 179 mandates that the California Building Standards Commission adopt and publish the California Building Standards Code (Title 24 California Code of Regulations) every three 3 years. The 2010 Edition of the California Code of Regulations Title 24, which incorporates the belo w- listed model codes, becomes effective statewide on January 1, 2011. If approved, the proposed Ordinance would amend Chapters 8.04 and 15.04 by repealing references to the prior editions of the Construction Codes. The list below identifies the :model codes upon which the 2010 Title 24 is based: California Building standards Code 2010 California Building Code 2010 California Residential Code 2010 California Fire Code 2010 California Plumbing bing Code 2010 California Mechanical Code 2007 California Electrical Code 2007 California Existing Building Code 2010 California Green Building Code Reference Model Code 2009 International Building Code (ICC) 2009 International Residential Code (ICC) 2009 International Fire Code (ICC) 2009 Uniform Plumbing Code (IAPMO) 2009 Uniform Mechanical Code (IAPMO) 2008 National Electrical Code (NFPA) 2009 International Existing Building Code (ICC) Agenda Item 11.a. Page 2 CITY COUNCIL CONSIDERATION OF A PROPOSED ORDINANCE AMENDING PORTIONS OF TITLE 8 (FIRE CODE) AND TITLE 15 (BUILDING AND CONSTRUCTION CODES) OF THE ARROYO GRANDE MUNICIPAL CODE NOVEMBER 23, 2010 PAGE 3 The construction codes proposed for adoption by reference with amendments include the following: 2010 California Building Code 2010 California Residential Code 2010 California Fire Code 2010 California Plumbing Code 2010 California Mechanical Code 2010 California Electrical Code 2010 California Existing Building Code 2010 California Green Building Code 2010 Historical Building Code 2010 Energy Code The 2009 International Property Maintenance Code is also proposed for adoption by reference with amendments. This code is based upon and is consistent with the provisions found in the California Building Code. The benefit of adopting this additional code is to provide building and fire inspectors /officials and plan examiners with further clarification of the intent and the applicability of the California Building Code when presented with a variety of construction issues. The Building and Life Safety Division is recommending that these changes and modifications be made to the Codes and are advising that certain changes and modifications to the 2010 Editions of the California Building, Residential, Fire, Plumbing, Mechanical, Electrical, Existing Building and Green Building Code are reasonably necessary due to local conditions In the City of Arroyo Grande. Other modifications are of an administrative or procedural nature and concern themselves with subjects that are not covered by the Codes or are reasonably necessary to safeguard life and property within the City of Arroyo Grande. The proposed Ordinance sets forth a number of findings, as required by Health and Safety Code Sections 191. 5 and 17958.7, that are necessary to enable the City to amend the new building and related codes to meet the City's local conditions. The proposed Ordinance updates Sections of the Municipal Code by amending the 2010 editions of the California Building, Residential, Fire, Plumbing, Mechanical, Electrical Code and Green Building Code. With the addition of the California Residential Code, California will now be brought in line with the rest of the nation in adopting a building node that is separate from and unique to residential occupancies. This newly adopted California Residential Code now requires all newly constructed townhouses and single family dwellings to be equipped with automatic fire sprinklers. Therefore we are required to modify our current sprinkler ordinance to reflect that requirement. Currently our existing sprinkler ordinance would Agenda Item I I.a. Page 3 CITY COUNCIL CONSIDERATION OF A PROPOSED ORDINANCE AMENDING PORTIONS OF TITLE 8 (FIRE CODE) AND TITLE 16 (BUILDING AND CONSTRUCTION CODES) OF THE ARROYO GRANDE MUNICIPAL CODE NOVEMBER 23, 2010 PAGE 4 not require new townhouses and single family dwellings that are less than 1,000 square feet to have fire sprinklers. The State is also adopting a Statewide Green Building Code that will allow construction throughout California to be more environmentally friendly in the following categories in order to achieve reductions in greenhouse gas emissions, energy consumption and water use: • Planning and design; • Energy efficiency; • Dater efficiency and conservation; • Material conservation and resource management; and • Environmental Quality. California is the first State in the nation to codify Green Building regulations. The California Building Standards Commission has elected to adopt these international codes, thus bringing the state of California in line with codes that are being adopted and utilized throughout the rest of the nation. As a result of this Ordinance, the previous amendments to the California Codes for the City of Arroyo Grande will no longer be required. Beginning January 1, 2011 all new residential construction will be required to be fitted with automatic fire sprinklers. ALTERNATIVES: The following alternatives are provided for the Council's consideration: 1. Introduce the Ordinance and schedule a public hearing for December 14, 2010; 2. Modify the Ordinance to amend or remove proposed new fire sprinkler requirements and then introduce; 3. hake other modifications as appropriate and approve staff's recommendation; 4. Provide direction to staff. ADVANTAGES: The adoption of this Ordinance will keep the City of Arroyo Grande current and compliant with State law in regards to construction and building odes. The adoption of a fire sprinkler provision is intended to stop or retard fires, thins requiring less apparatus and personnel than would normally b e required. The adoption of this Ordinance will also lever the City's ISO rating, which has the potential of lowering insurance rates citywide. DISADVANTAGES: Agenda Item I I.a. Page 4 CITY COUNCIL CONSIDERATION OF A PROPOSED ORDINANCE AMENDING PORTIONS OF TITLE 8 (FIRE CODE) AND TITLE 15 (BUILDING AND CONSTRUCTION CODES) OF THE ARROYO GRANDE MUNICIPAL CODE NOVEMBER 23, 2010 PAGE 5 In general, the update will require more stringent requirements for construction. However, these requirements provide for safer and more energy efficient buildings. ENVIRONMENTAL REVIEW: : The project is a empt from CE A per CE A Guidelines Section, 15061 (b)(3). PUBLIC NOTIFICATION AND COMMENTS: Staff met with representatives from neighboring jurisdictions, members f the public, and members o f the Home Builders Association to discuss the proposed Ordinance and amendments. The Agenda was posted in front o f City Hall on Thursday, November 18, 2010 and the Agendas and staff report were posted on the City's website on Friday, November 19, 2010. Agenda Item I I.a. Page 5 ORDINANCE No. N ORDINANCE A CE of THE CITY COUNCIL of THE CITY of ARROYO GRANDE AMENDING ARROYO GRANDE MUNICIPAL CODE CHAPTER 8.04 RELATED To THE ADOPTION of THE CALIFORNIA FIFE CODE AND INTERNATIONAL FIFE CODE; AMENDING CHAPTER 8.08 RELATED To FIREWORKS; AND AMENDING CHAPTER 15.04 RELATED To THE ADOPTION of THE CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA GREEN BUILDING CODE, CALIFORNIA EXISTING BUILDING CODE, CALIFORNIA ENERGY CODE, CALIFORNIA HISTORICAL BUILDING CODE AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE WHEREAS, EAS, the City of Arroyo Grande "City" is a municipal corporation organized under the laws of the State of California; and WHEREAS, pursuant to California Health and Safety Code Section 17921, the State of California "State" roust adopt and enforce regulations for the protection of the public governing the construction, alteration, demolition, occupancy, or other use of buildings; and WHEREAS, pursuant to California Health and Safety code Section 17958, cities may adopt ordinances imposing the California Building Standards requirements as established by the State; and WHEREAS, EAS, the City desires to amend its municipal code to adopt more recent editions of the California Building Standards codes established by the State; and WHEREAS, EAS, pursuant to California Health and Safety Code Section 17958.7, a city may modify the State code requirements if it makes express findings that such modification is reasonably necessary because of local climatic, geological,. or topographical conditions; and WHEREAS, EAS, the city Council further desires to amend regulations regarding the sale and discharge of "safe and sane" fireworks; and WHEREAS, the City Council further desires to modify cost recovery regulations in order to provide the City with a mechanism to recover emergency service costs due acts of negligence; and Agenda Item I I.a. Page 6 ORDINANCE Igo. PAGE 2 WHEREAS, EAS, additionally, by this Ordinance, the City Council desires to make general corrections to its municipal code in order to ensure internal consistency with other modifications set forth herein. NOW, , THE EFOI E, BE IT ORDAINED ED by the City Council of the City of Arroyo Grande as follows: SECTION 1. The above recitals and findings are true and correct and are incorporated herein by this reference. SECTION 2. That each of the changes or modifications to measures referred to herein are reasonably necessary because of local climatic, geographical, or topographical conditions in the area encompassed by the boundaries of the City of Arroyo Grande and the findings set forth in Exhibit "A ", attached hereto and incorporated herein, are hereby adopted and support the local necessity for the changes or modifications. SECTION 3, Arroyo Grande Municipal Code "AGMC" Section 8.04.010, entitled "Adoption of the California Fire Code ", is hereby amended as follows: 8.04.010 - Adoption of California Fire Code. There is hereby adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion, that certain code known as the 2010 California Fire Code, including Appendix Chapters 4 , A, P, 1313, C, CC, D, H, the 2009 International Fire Code and the 2009 International Property Maintenance Code as published by the International Code Council, the whole thereof, save and except such portions as are hereinafter deleted, modified -or amended by the rest of this Chapter, one 1 copy of which has been and is now filed in the office of Building and Life Safety of the City of Arroyo Grande and the same is hereby adopted and incorporated as fully as if set out in full herein, and from the date on which this ordinance shall take effect, the provision thereof shall be controlling within the limits of the City of Arroyo Grande. SECTION 4,, Modifications to the California Fire Code, Zoo Edition are reasonably necessary based on the findings set forth in Exhibit "A" attached hereto and incorporated herein. SECTION 5, BeGtion 8.04.016, entitled "Section 109.3 Amended: Violation Penalties'. is hereby added to the AG MC as follows: 8.04.018 — section 103.3 Amended: Violation Penalties. A. Section 109.3' of the 2010 California Fire Code is amended to goad as follows: Agenda Item I I.a. Page 7 ORDINANCE NO. PAGE 3 Persons who shall violate the provisions of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire chief or the building official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000 [one - thousand] dollars or by imprisonment not exceeding six months , or both such fine and imprisonment. Each day that a violation continues after due notice has been seared shall be deemed a separate offense. SECTION 8. Section 8.04.018, entitled "Section 111.4 Amended: Failure to Comply „ , is hereby added to the AGIVIC as follows: 8. . 18 —Section 111.4 Amended: Failure to Comply. A. Section 111. 4 of the 2010 California Fire Code is amended in its entirety to read as follows: Any person who shall continue any work after having been served with a stop work order, except such work as the person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than triple the amount charged for the original permit fees or $1,g g, provided, however, that the maximum fine shall not exceed $1 ,000. Each day that a violation continues shall be deemed a separate offense, SECTION . AGI IC Section 8.04.020, entitled "Section 903 Amended: Approved Automatic Sprinkler Systems” is hereby amended in Its entirety as follows: 8.04.020 — Section 903 Amended: Approved Automatic Sprinkler systems. A. Section 903.2 of the 2010 California Fire Code is amended in its entirety to read as follows: Approved automatic sprinkler systems shall be installed in the following locations: 1, In all new buildings and structures that exceed 1,000 square feet, except group -3 and U occupancies and agricultural buildings, 2. In additions or alterations for all buildings or structures as follows: a. Throughout structures where additions to existing buildings adds more than % o f the existing square footage to the structure AND results in a total square footage in excess of 1,000 (one - thousand) square feet; . Throughout existing structures where alterations encompass more than % of the existing square footage of the structure AND is in excess of 1 ,000 one4housand square feet OR There there is a change of occupancy to a more hazardous use as determined by the Building Official or Fire Chief; Agenda Item I I.a. Page 8 ORDINANCE 1 O. PAGE c. These requirements will be applicable to the combined square footage of all building permits issued for the address or site within the last five years. Buildings or structures separated by less than ten 10 feet shall be considered as a single building or structure. SECTION 8. Section 8.04.022, entitled "Amendment to California Fire code Appendix D" , is hereby added to the AGI IC as follows: 8 .04.022- Appendix D 2010 California Fire code section D107.1 is hereby amended as follows: delete exception 1. SECTION 9. Section 8.04.024, entitled "Fire Code Official ", is hereby added to the AGIVIC. as follows: 5.04.024 — Fire code Official. The California Fire Code and the International Property Maintenance code, with amendments set forth in this division shall be enforced by the Five Cities Fire Authority, which shall be operated under the Fire Chief of the Five Cities Fire Authority. The Fire chief of the Five Cities Fire Authority may designate qualified individuals as inspectors as shall b necessary from time to time. SECTION 10. Section 8.04.026, entitled "Definitions is hereby added to the AGI IC as follows: 8,04.26 - Definitions. A. Whenever the word "jurisdiction" is used in the California Fire Code or in this Chapter, it shall ran the City of Arroyo Grande. B. Wherever the terra "city council is used in the California Fire Code or in this Chapter, it shall mean the city Council of the City of Arroyo Grande. SECTI0 N I I - Section 8.04.028, entitled "Amendments — 2 0 06 International Property Maintenance Code" is hereby added to the AGI IC as follows: 8.04.028 — Amendments — 2009 International Property Maintenance code. A. All references within the code to the International code, as adopted by Section 15.04.010(J), shall read California Code. B. The following section of the 2009 International Property Maintenance Code is amended in its entirety to read as follows: Section 112.4 — Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as the person is directed Agenda Item 11.a. Page 9 ORDINANCE ISO. PAGE to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than triple the amount charged for the original permit fee(s) or $1 ,000 provided, h owever, that the maximum fine shall not exceed $1 ,000. Each day that a violation continues shall be deemed a separate Offense. SECTION 12. AGMC section 8.04.040, entitled "Cost Recovery", very „ , is hereby amended in its entirety as follows: 8.04.040 — Cost Recovery. very. Where an emergency situation is caused or exacerbated by a willful act, negligent act, or a violation of the Fire Code, Building Code, or any Other applicable law, ordinance or regulation, the cost of emergency service to mitigate and secure any emergency that is within the responsibility Of the Fire Chief is a charge against the person who caused the emergency or who caused the circumstances leading to the creation of the emergency, and such person shall be liable for the costs of such services. Damages and expenses incurred by any public agency providing emergency services or mutual aid shall constitute a debt of such person and shall be collectible by the Fire Chief for proper distribution in the same manner as in the case o f an Obligation under contract expressed or implied. Costs and expenses as stated above shall include, but not be limited to, equipment and personnel committed and any payments required by the public agency to outside business firms requested by the public agency to mitigate or secure the emergency, monitor remediati0n, and clean up. SECTION 18, A MC Sections 8.08.070(A) and 8.08.100 of Chapter 8.08, entitled ;Fireworks ", are hereby amended in their entirety as follows: 8.08.070 — Salle. A. Fire works shall not be sold before noon on the twenty- fourth of June and such sales shall cease at noon on the fifth day of July. sales during this time period will be limited to nine a.m. to nine p.m. each day. Any permittee failing to observe these hours designated for sale may have their permit revoked or be ineligible for a permit in subsequent years. 8.0 .100 - Public discharge. Discharge o f "safe and sane fire works" may only Occur from the 3rd of July through midnight of ,July Stn and shall be in legally permitted locations. No person under eighteen 1 years of age may possess o discharge "safe and sane fireworks” except when under the direct supervision o f a person twenty-one 21 years of age o older. Agenda Item 11.a. Page 10 ORDINANCE IANCE . PAGE SECTION * AGIVIC Section 15-04.010, entitled "California Building Standards Codes Adopted ", is hereby amended in its entirety as follows: A. California Building Code. The 2010 California Building Code, including the 2009 International Building Code and Appendix Chapters , B and I, as amended, is adopted by the City of Arroyo Grande and incorporated herein by this reference as though set forth in full. B. California Residential Code. The 2010 California residential Code, including the 20 International Residential Code and Appendix chapters G, H J, and K, as amended, is adopted by the City of Arroyo Grande and incorporated herein by this reference as though set forth in full. C. California Electrical Code. The 2010 California Electrical Code is adopted by the City of Arroyo Grande and incorporated herein by this reference as though set forth in full. D. California Mechanical Code. The 2010 California Mechanical Code, including all of the appendix chapters, is adopted by the City of Arroyo Grande and incorporated herein by this reference as though set forth in full. E. California Plumbing Code. The 2010 California Plumbing Code, including all of the appendix chapters, is adopted by the City of Arroyo Grande and incorporated herein by this reference as though Set forth in full. F. California Energy Code. The 2010 California Energy Code, including all of the appendix chapters, is adopted by the City of Arroyo Grande and incorporated herein by this reference as though set forth in full G. California Historical Building Code. The 2010 California Historical Building Code, including all appendix chapters, is adopted by the City of Arroyo Grande and incorporated herein by reference as though set forth in full. H. California Existing Building Code. The 2010 California Existing Building Code is adopted by the City of Arroyo Grande and incorporated herein by this reference as though set forth in full. I. California Green Building Code. The 2010 California Green Building Code, without appendices, is adopted by the City of Arroyo Grande and incorporated herein by this reference as though set forth in full. J. International Property Maintenance Code. The 2009 International Property Maintenance Code, as amended, is adopted by the City o Arroyo Grande and incorporated herein by this reference as though set forth In full. Agenda Item I I.a. Page 11 ORDINANCE N. PAGE SECTION 15. AGIVIC Section 15-04.020 entitled "sections 3401, 3402 and 3403 amended — General — Definitions — Additions, alterations o repair ", is hereby repealed in its entirety. SECTION 16. Section 15-04.024, entitled "Section 903.2 Amended: Approved Automatic ati sprinkler Systems", is hereby added to the AGIVIC as fellows: . 1 #04.024 — section 903.2 Amended: Approved Automatic sprinkler Systems. A. section 903.2 of the 2010 California Building Code is amended in its entirety to read as follows: Approved automatic sprinklers rs systems shall be Installed: 1. In all new buildings and structures that exceed 1 ,000 square feet, except group R -3 and U occupancies and agricultural buildings. 2. In additions or alterations for all buildings o structures as follows: a. Throughout structures where additions to existing buildings adds more than % of the existing square footage to the structure AND results in a total square footage in excess of 1 ,000 (one - thousand) square feet; . Throughout existing structures where alterations encompass more than 0 of the existing square footage of the structure AND is in excess of 1,000 (one - thousand) square feet OR where there is a change of occupancy to a more hazardous use as determined by the Building Official or Fire Chief; C. These requirements will be applicable to the combined square footage of all building permits issued for the address or site within the last five years. Buildings or structures separated by less than ten (1 0) feet shall be considered as a single building o structure. SECTION 17. section 15.04.026, entitled "Section 8313 of the 2010 California Residential Code Amended ", is hereby added to the AGIVIC as follows: 15.04.026. section 8313 of the 2010 California Residential Code Is hereby amended as follows: 8313.1. Townhouse aut matic fire systems. An automatic residential fire sprinkler system shall be Installed in townhouses as follows: A. In all -3 and U occupancies private garages and carports accessory to: 1. Including all attached structures; 2. Including all structures within 10 feat B. In additions o alterations for all buildings o structures as follows: Agenda Item 11.a. Page 12 ORDINANCE No. PAGE I . Throughout structures where additions to existing buildings adds more than 0% of the existing square footage to the structure AND results in a total square footage in excess of 1 ,000 (one- thousand) square feet; 2. Throughout existing structures where alterations encompass more than 50% of the existing square footage of the structure AND is in excess of 1,000 (one - thousand) square feet OR where there is a change of occupancy to a more hazardous use as determined by the Building Official or Fire Chief; 3. These requirements will be applicable to the combined square footage of all building permits issued for the address or site within the last five gears. Buildings or structures separated by less than ten (1 0) feet shall be considered as a single building or structure. R313.2. One and tiro- family dwellings automatic fire systems. An automatic residential fire sprinkler system shall be installed in one and two - family dwellings as follows: A. In all -3 and U occupancies private garages and carports accessory to: 1 . Including all attached structures 2. Including all structures within 10 feet B. In additions or alterations for all buildings or structures as follows: 1. Throughout structures where additions to existing buildings adds more than bolo of the existing square footage to the structure AND results in a total square footage in excess of 1 ,000 (one - thousand) square feet. 2. Throughout e structures where alterations encompass more than 0% of the existing square footage of the structure AND is in excess of 1,000 (one- thousand) square feet OR w here there is a change of occupancy to a more hazardous use as determined by the Building official or Fire Chief. 3. These requirements will be applicable to the combined square footage of all building permits issued for the address or site within the last fire years. Buildings or structures separated by less than ten (1 0) feet shall be considered as a single building or structure. 313.3.1.1 Required sprinkler locations. areas of a dwelling unit. Exceptions: Delete exception Sprinklers shall be installed to protect all SECTION 18. A IVIC Section 15.04.040, entitled "Building official ", is hereby amended in its entirety as follows: 15.04.040 — Building official. A. The Building official is hereby designated as the building official and code official for the City of Arroyo Grande. Agenda Item 11.a_. Page 13 ORDINANCE NO. PAGE B. Building Official position and duties: The office of Building Official is created, and the Building Official, or his or her designated representative, is authorized to administer and enforce all the provisions of this chapter and Codes adopted by this chapter, and for such purpose shall have the power of a police officer and shall hereby have the authority, as provided in Section 3.a of the California Penal Code, to male arrests and issue citations for violations of the city of Arroyo Grande Municipal Code. Citation authority is granted for violations which, under city ordinances, constitute infractions or misdemeanors. SECTION 19. AGIVIC Section 15.04.050, entitled "Director of wilding and Fire — Office created — Powers and duties ", is hereby re pealed in its enti SECTION 20: Section 15.04.052, entitled "Time Limit of Permit Application ", is hereby added to the AGIVIC as follows: 15.04.052. Time Limit of Permit Application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for an additional period not exceeding go days each. The extension shall be requested in writing and justifiable cause demonstrated. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. SECTION 21: section 15.04.054, entitled "Permit Expiration is hereby added to the AG I C as follows: 15.04 *054. Permit Expiration. A permit shall become invalid if the proposed development is not commenced within 180 days after its issuance, or if the work is suspended or abandoned for a period of 180 days after the work commences. Extension shall be requested in writing and justifiable cause demonstrated. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. SECTION . Section 15.04.056, entitled "Refunds is hereby added to the AGIVIC as follows: 15.04.056. Refunds. The building official is authorized to establish a refund policy and may authorize refunding of any fee paid hereunder w hich was erroneously paid or collected in accordance with this section. The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has Agenda Item 11.a. Page 14 ORDINANCE No, PAGE 1 been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan -review fee has been paid is withdrawn or canceled before any plan reviewing is done. The building official Tall not authorize a refund of any fee paid except on written application filed by the original perrnittee not later than 180 days after the date of permit fee pa yment. SECTION 3: Within fifteen 1 days after passage of this Ordinance, it shall be published once, together with the names of the Council Members voting thereon, in a newspaper of general circulation within the City. SECTION : This Ordinance shall take effect and be in full force and effect thirty 30 days after its passage. SECTION : If any section subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. On motion of Council Member and on the following roll call vote to wit: , seconded by Council Member r AYES: NOES: ABSENT: the foregoing Ordinance was adopted this day of t 2010. Agenda Item 11.a. Page 15 ORDINANCE ISO. PAGE 'I 1 TONY FEIAFA, MAYOR ATTEST, KELLY WETMO E, CITY CLEFT APPROVED AS TO CONTENT: T: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Agenda Item 11.a. Page 16 ORDINANCE NO. PAGE EXHIBIT "A" Pursuant to California Health and safety Code Sections 17958.7 and 18941.5, the City of Arroyo Grande "City" hereby modifies and make amendments to the California Fire Code,the California Building Code, and the California Residential Code as further set forth in the attached ordinance (collectively referred to herein as "Amendments"), which Amendments are more restrictive in nature than those found in those sections adopted by the State of California and are based on the local climatic, geological, or topographical conditions and findings (collectively "Findings" ) referenced hereinbelow. The Amendments, address the fire problems and building problem(s), concern(s), and future directions, by which the City can establish and maintain an environment which will afford an adequate legal of fire and life safety protection to its citizens and guests. The Findings contained herein shall address each of the Amendments and shall present the local situation, which either singularly or in combination, create the need for the Amendments to be adopted. CLIMATIC: Climatically, the City has dry warn summer and early fall conditions as well as moderate late fall and winter conditions) with dry winds which remove moisture from vegetation. Further, the City frequently experiences Santa Ana grind conditions which e fire hazards and potential spread of fire within the area, both In rural and urban settings. Coastal ground fog is a common occurrence. This climatic condition could obscure vision, compromising early detection of fire as well as impedes radio deployment of fire equipment to and at the scene of the emergency. G EOGRAPHIC: Geographically, the City is located in an area prone to frequent seismic activity which has a high potential for large scale, simultaneous building and infrastructure damage, including fire. A major seismic event would create a community-wide demand on fire protection services, which would be beyond the response capability of the Fi Department. This potential problems can be partially mitigated by requiring initial fire control through the installation of automatic fire protection systems. Further, the City has numerous older and historic buildings and structures w hich can often fail due to moderate seismic activity. Additions, alterations and repairs of these antiquated structures need to be properly addressed. Additionally, the many foothills and surrounding mountains are prime sites for residential development. These hillside residential sites, together with isolated rural and semi -rural settings of the city, create difficult conditions in which to provide immediate fire response. Agenda Item 11.a. Page 17 ORDINANCE No. PAGE 1 The City is heavily vegetated throughout and encourages native wildlife protection and enhancement. As the community is developing and housing densities increase, the planting of shrubs and trees and other landscape is encouraged to beautify and enhance City living conditions. However, this increased density results in much higher fuel loads and together with increased planting, and when combined with native vegetation, significantly increases fire hazards and fire spreading from one dwelling or structure to another. TOPOGRAPHIC: The topographic element of these findings is closely associated with the geographical elements noted above. While the geographic features create the topographic conditions, the findings in this section are, for the most part, a result of the construction and design of the City. Highway 101 completely traverses and bisects the City. There are only three over /underpasses allowing access to either side of the City. These physical barriers create significant barriers to emergency response. With limited parking and as the community grows and commercial activity increases in the City delivery and other vehicles tend to double park. When added to already narrow streets, cars parked on the sides of streets and traffic congestion (especially around rush hour, emergency response tires are highly affected. The City encourages and emphasizes affordable housing development. This creates buildings that provide minimum required clearances between structures and maximum um allowable height. Although these buildings are built with more stringent standards, the reality is that this type of development creates significant barriers in terms of access and fuel load for fire fighting purposes. Agenda Item 11.a. Page 18 N ftRO y6 A. 4INCORPORATED 7- \JULY 10. 1911 J S4 MEMORANDUM TO: CITY COUNCIL/REDEVELOPMENT AGENCY BOARD of DIRECTORS FROM: ANGELA KRAETSCH, DIRECTOR of ADMINISTRATIVE SERVICE SUBJECT: FISCAL YEAR 2010 -11 FIRST QUARTER BUDGET STATUS REPORT DATE: NOVEMBER 2, 201 RECOMMENDATION: It is recommended the City Council /Agency Board approve Carryover Appropriations as shorn on Schedule A and approve budget adjustments and recommendations as listed in the (quarterly Financial Report and shorn on Schedule A. FINANCIAL IMPACT: The General Fund ending balance , Trill be impacted by the approval of the recommended revenue and appropriation adjustments as follows: Estimated Fund Balance 6/30/2010: Net Carryover Appropriations Available Fund Balance 7/1/2010 Net Council Approved Adjustments Net Proposed Adjustments Total Decrease to General Fund Balance Adjusted Fund Balance 6/30/2011 $3,234 L82,2ue. 31152,622 (372,841) 59,696 ( 313,145 ) $ 2 1 83 - 9 P 477 ! Because some projects, operations, and orders are not complete by the June 30 year -end close, it is common for the projected fund balance to be reduced by expenses (carryovers) to be paid in the current fiscal year. BACKGROUND: Each year, the City Council /RDA DA Board of Directors adopts a budget, which commits resources to the accomplishment of its policies. The Administrative Services Department routinely prepares quarterly budget updates for the City Council /FDA Board. Agenda Item 11. b. Page 1 CITY COUNCIL/RDA BOARD OF DIRECTORS CONSIDERATION OF FIRST QUARTER BUDGET STATUS REPORT NOVEMBER 23, 2010 PAGE 2 The purpose of the City's First Quarter budget review is to: Provide a reconciliation of the expected and actual year -end General Fund Balance for Fiscal Year 201 0 -11. Recommend the re- appropriation (carryovers) of prior year budgets for services /products that were begun, but not completed as of .dune 30, 2010. Conduct a review of city funds to recommend budgetary changes to address known ern budget deficiencies. Identify budget changes that materially impact fund balances. ANALYSIS of ISSUES: The General Fund Fiscal Year 2009-10, Fund Balance as of ,June 30, 2010 is $3,234,884. The projected available General Fund Balance for the current fiscal year is approximately $2,838,477, The projected General Fund balance is approximately 21% of appropriations. Carryover appropriations from FY 2009-10 are reported on Schedule A. Carryover budget amounts are unused appropriations in the 2009 -10 Fiscal Year added to the 2010- 11 Fiscal Year. The carryover appropriations are for items or projects that began the purchase process, but were uncompleted by June 30, 2010. o The proposed budget adjustments include a net of $82,282 for carryover appropriations in the General Fund. 0 The proposed budget also includes carryover appropriations of $10,122,403 for various Capital Improvement Projects clP in the CIP fund, $176,794 carryover in the RDA set Aside Fund for the Transitions project, $71,828 carryover in C BG funds, and $189,877 carryover of COPS funds for ongoing communication upgrades. 0 The proposed budget adjustments include the following new appropriations requested by staff, which are explained in more detail in the attached Budget report: 1. General Fund — a net increase in revenues of $72,898 and an increase of $13,000 in expenditures; 2. Local Sales Tax Fund - $14,'141 expenditure increase to fund the West Branch Street project; 3. Redevelopment Agency Fund - $200 expenditure increase in personnel transfers due to actual salaries being different from those estimated in the FY 2010-11 budget 4. Redevelopment Set Aside Fund — an increase of $100 for personnel transfers; 5. Sewer Fund - $4,400 decrease in personnel transfers: 6 eater Fund - $7,700 decrease in personnel transfers. Agenda Item 11. b. Page 2 CITY COUNCIL /RDA BOARD OF DIRECTORS CONSIDERATION OF FIRST QUARTER BUDGET STATUS REPORT NOVEMBER 23, 2010 PAGE 3 7. Traffic Congestion Fund - $176,570 decrease in revenue and $100,000 de in expenditures. 8. Streets Fund — Increase in revenue of $158,455 and decrease in transfers- in of $230,500. ADVANTAGES: Staff conducted a review o f City funds and is recommending minimal budgetary changes to the adopted budget. 1 eserves will be above the General Fund 15% policy rn in im um at 21 %. DISADVANTAGES: Departmental budgets continue to be constrained. EN 11ROMENTAL REVIEW: IEW: No environmental review is req u i red for this item PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City HaII on Thursday, N ovem be 18 2010. The Agenda and report were posted on the City's website on Friday, November 19, 2010. No public c omments were received. Attachments ): Quarterly Financial Report 0 General Fund — Fund Summar 0 Schedule A — Fund Balance - Control Agenda Item 11. b. Page 3 4 CITY OF LIF RNIA Jr c Quarterly Financial Report First Quarter of Fiscal Year 2010 -11 OVER HEW This report summarizes the City's overall financial position for the fiscal year through September 1. Except as noted below, revenues and operating expenditures are generally on target based on the updated budget for the first quarter. Adjusted Budgets: The revenue projections and budgets include the adjustments for encumbrances, carryovers, and expenditures that are included in this report. Mid-Year Review: The City's overall revenue and expenditure picture will be discussed in greater detail during the Mid -Year Budget Review - scheduled for Council consideration in February of 2011. I" Quarter - Current Fiscal Year Top Ten Revenues Current B YTD Acbmi % Pro22rty Tare 3 3881 300 56,588 2 ° 0 Triple Flip - Sales Taut 761,318 - 0 0 Tn le Flip - VLF 1 - NO Sales Tax 21300,000 216,499 9 ° l0 200,632 500 OC 0 96,213 19 1 D/o Franchise Tax 588,468 37,336 6% BuikJng Pemits 145,000 25,88 18° 29,714 30,000 6,497 28% Children in lotion 412,000 69,475 17 0 Telecommunication site leases 1 192,0001 7,fi68 30°10 T 9,551 1 79 568 6° GENERAL FIND With 25% of the year complete, General Fund revenues are relatively the same as the prior year at 11% and expenditures are at 24 %. The projected General Fund balance will be approximately 21% of appropriations if year end expenditures finish at 100% and revenues are received as budgeted. General Fund Balance Budget Y I Actual Revenues 13 1 110 Expenditures 13, 30,361 3 24 Beginning Fund Balance 3,234 Ending Fund Balance 2 21 % Top Ten Revenues: The top ten revenues account for 2% of the General Fund revenue. - Highlighting these provides a better understanding of the City's revenue position. Although there are fluctuations among revenue line items, the overall percentage is at %, which is same as the prior year. Any significant variances are noted on the next page. 1" Quarter - Prior Fiscal Year Agenda Item 11. b. Page 4 Current YT D Top Ten Revenues Bud et Actual % Pro rty Tax 3,527,415 62,698 1 Triple Flip - Bales Tax 530,063 0% Tri le Flip - VLF 1 237,622 - 0% Sales Tax 2,306,300 200,632 3 TOT 4 50 , 000 1 37,711 19% Fran ch i a Tax 660,000 36,622 % Building Permits 145,000 29,714 20% V LF 30,000 9,683 32% C hildren in Motion 422,000 37,438 21 Telecommunication site leases 175 000 55,585 32% Total 1 1 9 560 -083 6% By comparing the YTD prior year revenue to the current YTD revenue we can see are overall increase of 1% as shown on the table on the following page: Agenda Item 11. b. Page 4 O uarterli Financial lie ort First Ouarter of Fiscal Year 2010 -11 Comparison of victual YTD Revenue to Prior YTD Revenue I Tap Tern Revenues YTD Actual I TD Prior Year Irrrea W Decrease ° Prop2dy Tax 56588. 52,698 3,8 90 7% Triple Flip - Sales Tax - - _ 0 Trl le Flip -1LF - - _ 0° Sales T 216,499 209,632 15,867 8° I TOT 95213 87,711 8,502 10% Franchise Tax 37,336 35,622 714 .° Bulling Permits 25,885 29,714 (3,829) -13° VLF 8,497 9,683 1,186 -12% Children in Mo(ion 6 9,4 75 87,438 (17 -21% Telecommunication ske leases 57,668 55 585 2,083 4% Total 568 56Ii, 8 8 1CIO Comparison of 1st Qtr Current Year Budget to Prior Year Budget To Ten Revenues YTD Bud t YT1 Prior Yr Budget Increase/ Decease % Pmperty Tax 3,388 DO 3, 27 ('139,115) -4 0 /4 Triple Flip - Sales Tax 761318 53D 231,255 4 0 Tri e Flf - VLF 1,234 71 O 1237,622 2,912 M Sales Tax 2 Z306 (6,300) TOT 500,000 450 5 00P 11 0 Fra x h ise Tax 5BA468 660,000 (71,532 ) -11 BuM rig Perryirc 145,W0 145,000 0 Mi LF 30, ODO 30 0 O+° Children in Mahon 41ZODO 422 1000 -2° Telea rnmunication site leases 19Z ODO 175,OOD 17,000 1 ' Tatar) %561 %48MW 1 681396 10 • Property tax - The City receives the majority of its property tax revenue in December and April. Staff' received the 201 0 -1 l estimated property tax numbers from the County on September 17, 20 10. Based on the County's estimate it is recommended that property tax be increased by $15,000. The above budget of $3,388,300 reflects the recommended adjustment. This line item is showing a % increase in revenue when compared to the prior year. • Sales Tax - Sales tax is higher than the prior year due to a higher clean -up payment received in September for the period of May 14th - August 13th. The Board of Equalization computes the monthly advances using a fonnula based on prior year receipts and estimated growth. The BOE then reconciles the actual receipts against the advances and this results in the clean -tip payment that the City receives. Sales tax is lower than 25% due to only receiving one month of revenue at first quarter. • 'Transient Occupancy Tax (TOT) - Several of the hotels reported a slightly higher TOT than in the prior gear. The TOT revenue is only for July and August, as September's TOT is received in October. As of this report this line item is at %. • Building Permits - Building fees are showing a slight decrease at 1" Quarter when compared to the prior year. This is due to the walnut Grove housing tract pulling several permits in the prior year. Staff will continue to monitor these revenges and update Council at Mid Year. • Franchise Tax - There is a small increase in this line item. However, staff received notice from Charter communications that several customers were incorrectly allotted to the City of Arroyo Grande and they should have been allotted to the County. This will result in a reduction of $76,532 in order to reimburse the County. This is below 25% due to the fact that the City receives franchise payments from Charter Communications, PG&E and Conoco Phillips on a quarterly and annual basis. • Telecommunication site leases - This revenue includes $9,780 of prepayments for the month of October. This line item is at 0% duce to the prepayments. Actual July thru September revenue is t 25%. 9 Triple flip - Sales tax: This revenue is received in February and May. The FY 2010-11 budget for this line item was $650,000. Staff was notified by the County of the actual amount to be received of $761,318. Staff is requesting an increase in this line item of $111,318. • Triple flip - VLF: This revenue is received in February and May. Staff is requesting an increase in this line item of $34,710 based on the actual amount to be received per the County of San Luis Obispo. 2 Agenda Item 11. b. Page 5 Qua rt e rty Financial Reiport Expenditures: Operating costs are on target for the first quarter as summarized below: Expenditures by Type Budget YTD Actual % Salaries and Benefits 9,292,907 2,097,844 22% 6u lies 250,292 33,002 13% Services 2,224,818 546,635 2510 Other ope rafing costs 1,641 678,958 41% Capital purchaws 210,493 43,301 21% Total 13,630,361 3,308,740 24°/0 The ley variances "by type" are supplies and other operating costs 1. Supplies are down due to the diligence of all departments to contain their expenditures. 2. Other operating costs (Non-departmental shown below) are higher due to the annual payment for the City's Liability insurance of $417,715 made in July 2010. Departmental operating expenditures are also on target as summarized by the following: Expenditures by Department Budg et YTD Actual % i a na r 393, 90 ,576 20 F eta ree Healthcare 129,000 26,358 20% City Clerk 304,326 67,770 22% City Attorney 186,951 50,336 27% Administrative Services 700,690 163,136 23% IT 273,733 60,455 22% Community Dev 461,242 161,159 22% Police 5,942,218 1,366,369 % Fire 79,948 47,11 590 Building Safety 240,365 51,009 21% Public Works 719,713 138,667 19% Pars and Rec 1 374,399 19% Non-Departmental 2,145,129 637,393 39° Total 1 13 530 361 3 4% The main variances in departmental expenditures are in the City Attorney, Fire, and Ikon- Departmental budgets. The City Attorney variance is due to ongoing personnel litigation costs. The Fire variance is due to the forming of the Five Cities Fire Authority. The Non - Departmental variance is due to the annual payment for liability insurance of $417,715 made in July 2010. First Ouarter of Fiscal Year 010 -11 FIRST QUA RTER A D TMENT'S Council approved budget adjustments: On June 8,, 2010, the Council approved the .Vint exercise of powers agreement with the City of Grover Beach and the Oceano Community Services District to form the Five Cities Fire Joint Powers Authority FFA. This moved all fire related revenues from the General Fund to the new Five Cities Fire Authority Fund and a contractual services payment was established in the General Fund for the City's portion of the FCFA payment. On June 22, 2010, the Council approved the Third Quarter/Budget Update report. In that report staff addressed a projected shortfall of $693,000 through a combination of utilizing reserves that were originally allocated to the new City Hall building, adjusting revenue projections and reducing expenditures. On August 10, 2010, the Council approved the City's Cost Allocation plan which increased General Fund revenue by $47,000. In addition, Council approved the modification to the Neighborhood Services program which increase expenses by $5,000 in over to increase part- time staffing hours. On September I, 2010, Council approved the appropriation of $7,000 for Information Technology managed systems and work management system braining. Council also approved the Sales Tax report which increased Police expenditures by $8,000 for grading of the Bring range. This is offset by revenue from the Sales Tax Fund. Requested Budget Adjustments: Staff' is making the following recommendations: 1. Property tax revenue to be increased by $15,000. 2. Increase Triple Flip Sales tax revenue by $111 Increase Triple Flip VLF tax revenue by $34,710. 4. Decrease of $11,800 in personnel transfers. Actual salaries were lower than estimated when preparing the FY 2010-11 budget. 3 Agenda Item 11. b. Page 6 Quartcrly Financial Report First Quarter of Fiscal Year 2010 -11 5 . Increase of $3,000 in Parks part -tithe salaries in order to increase maintenance staff an additional four hours per week. does not yet meet the City Council's goal of 60 days of operating expenses plus $500,000. However, it continues to represent steady progress toward accomplishing this goal. 6. 7. 8. Increase of $10,000 in the Information Technology budget for the purchase of a new copier. Decrease o f $76,532 in Franchise revenue due to an error made b Charter C ommunications. As mentioned earlier, customers were incorrectly listed as residing in the City of Arroyo Grande when they were actuall y County residents. Carryover expenditures of $228,551 and carryover of revenues of $146,288 (QT'S Avoid the 14 DUI grant). These include $8,777 in Legislative and Information Services expenditures, $7,702 in City Attorney expenditures, $474 in IT equipment, $30,308 in Fire expenditures, $1,632 for the Parks and Recreation department, $1,500 in City Manager expenditures and $31,870 in Police expenditures and $146,288 in OTS Avoid the 14 DUI grant expenditures (these are offset by a carryover of grant revenue). Adjustments equal a net total expenditure increase of $241,551 (which includes the $228,551 in carryover expenditures) and total revenue adjustments equal a net increase of $218,984 which includes the carryover revenue of $146,288). The projected y ear -end fund balance is currently at 21 %. This would be above the City Council Fund Balance policy minimum of 15 %. Staff is continuing to work with the departments to achieve additional savings. The current budget leaves little to no flexibility within departmental budgets and will require departments to closely monitor their budgets to maintain ongoing expenditures. .FOCAL SALES TAB FUND Local Sales 'Tax Fund: The Sales Tax Fund had a beginning fund balance of $1,765,542. On September 14, 2010, Council approved the Sales Tax Report appropriating $3,052,019 in expenditures. Staff is requesting an additional appropriation of 514,141 to fund the West Branch Street. This was left off of the Sales Tax report in error. The projected ending fund balance is S313,022 or 10% of appropriations. OTHER FUNDS Sever Fund: The Sewer Fund ended the 2009-10 Fiscal Year with a fund balance of $48058. Staff is requesting a reduction of $4,400 in personnel transfers. The estimated ending fund balance for the Sewer Fund is $126,060. This Water Fund; The Water Fund reports a fund balance of $2,682,124 at the end of fiscal year 2009-10. Staff is requesting a reduction of $7,700 in personnel transfers. The estimated ending fund balance in this fund is $1,O5 3 ,160. This will just meet the City Council's goal of 60 days of operating expenses plus $500,000. However, due to water conservation efforts and are increase in foreclosures the revenue in this Fund has dropped dramatically. Staff will continue to closely monitor this fund. Transportation Fund: In August of 2010, the San Luis Obispo Council of Governments LG approved the Transportation Development Act JDA funds. The amount that the City will receive is $98,514. This is $157,917 lower then estimated in the FY 201 -11 budget. The difference will be paid with Sales Tax Funds and the amount was included in the Sale Tax report adopted by Council. Water Neutralization Fund (Water Conservation): The Water Neutralization Fund has a beginning fund balance of $542,423. On June 22, 2010, Council approved the appropriation of an additional $245,900 as part of the budget update report. The projected ending fund balance for Fiscal Year 2009 -1 is $226,123. Water Facility Fund: The Water Facility Fund has a beginning fund balance of $876,444. Currently, there is $492,000 budgeted for capital improvement projects and $336,640 in carryovers for ongoing projects. The projected ending fund balance for Fiscal Year 2009 -1 o is $??,805. Redevelopment Agency Fund: The Redevelopment Agency (RDA) Fund has a beginning Fund balance of $695,652. Staff requested an increase in appropriations of $88,700 for the State required FFAF (educational revenue augmentation funds ) payment in the Budget Update report. In addition, staff is requesting an increase of $240 for personnel transfers. The projected ending fund balance for this fund is $51,851. Redevelopment Agency Set Aside Fund: The Redevelopment Set Aside Fund has a beginning fund balance of $1,48 The projected ending fund balance in this fund is $937,527. This fund includes a carryover of $176,794 to provide a forgivable loan to the Agenda Item 11. b. Page 7 uart Financial Revort First Ou of Fiscal Year 2010 -11 Transitions Mental Health Association. Staff is also requesting an increase of S100 for personnel transfers. Lopez Fund: The Lopez Fund reported a beginning fund balance of $3,597,943. The Water and wastewater Study that was approved by Council on ,Tune 23, 2009 calls for this balance to be slowly drawn down over the next five years in order to reduce Lopez fee increases. The estimated ending fund balance in this fund is $3,315,805. In addition, the County is currently in the process of refunding the current Lopez bonds at a lower interest rate which will lower expenditures going forward. Downtown Parking Fund: This Fend has a beginning fund balance of $137,940. There is currently $91,802 budgeted for the Car Corral project and $48,820 budgeted for the Le Feint Street parking lot. Traffic Congestion Relief Fund: Due to recent legislation, the State is replacing Prop 42 funds with a new excise tax which will go directly into the Streets Fund. This will decrease the estimated revenue in this Fund by 17,570 and decrease the expenditures by $100,000. The estimated ending fund balance is $91,230. Streets Fund: The estimated increase in revenue is $168,486 due to the new excise tax explained above. Due to the new funding received, the budgeted transfers -in will decrease by $230,600. This amount was originally budgeted from the Sales Tax Fund. However, the correct transfer amount was included in the Sales Tax Deport presented to the Council in September. This fund is projected to have a zero fund balance. CIF: Staff is requesting an increase in expense recovery revenue of $70, a decrease of $30,673 in developer contributions that was budgeted twice, the decrease of 5 for a project that is completed, and an increase of $58,881 in Water Availability funds for the water well #10 project. In addition, staff is requesting a transfer of $57,000 from savings from the west Branch Street project to the City hall project primarily for cabling and improvements to the network server room to accommodate relocation of the City's computer equipment to the new building. 6" 4 Agenda Item 11. b. Page 8 Z G ENERAL UN - FUND SUMMARY FUND: 010 GENERAL FUND FISCAL YEAR 2008-09 BIENNIAL BUDGET 2006-07 2007-08 ORIGINAL AMENDED 2009-10 2010-11 REVISED ITEM ACTUAL ACTUAL BUDGET BUDGET ACTUAL ACTUAL BUDGET gm = Fund Balance 2 l f8 8,404 21042,38 20042,389 1042f341 J911 �I52t622 Revenues. Revenues 11,864,263 12,304,755 13,424,285 12,425 { 973 12,106, 11,768,219 10 Transfers In 1,263,951 1 1 901,942 2 2 2 2,293, 2 1 320,300 Total Revenues 13,128, 14,206 15,427,885 14, 647,356 14, 14,061,667 12 { 988,666 Expenditures: Salaries an Be nefits 10,719 11, 130,548 11, 586,190 11 10, 848,358 10,289 9, 202,907 C urrent Expenses 2 2,599,428 2,867 { 620 2564,590 2 1 378508 2 { 704 3,826,444 Debt Service 25, 068 12,534 - 124,680 122,501 133,750 160, 180 Equipment Re pl acement 288,336 204,406 274,280 285,640 718,887 232,210 112,280 Transfers Out (280,880) 20,990 60,700 203,119 104,881 - - Capital Transfers 140,286 4,806 38,700 - - - - TOtal Expenditure 13,678,890 13,972,712 14 14 14,173,135 13,018,327 13,301,811 Total Opera Increases (Decreases) (5, 0,674) 233,985 600,395 {47,894} 149,155 1,043,340 - -- 313,14 Audit Adjustments t Fund Balance a-a ace - _ - - _ _ I - Total Adjustments to Fund B alance 550,674 233,985 600,39 47,894 149,155 1,043,340 313,14,E En ding Fund B alance 1,808 1 404 2,042,389 2,642,784 1,994,495 2 3,234,884 2 .l.i Reserve for Carry -O ve r of App ro p riations (195, 892) (89,561) (82,262) - CL - /rt Avail F Balance 1 1,952 2, 1,994,495 2 3,152,622 2,839, V Z City of Arroyo Grande Fund Balance m Control All Fund Ope rating Bu dget 2010/11 Adopted Budget Schedule I ii 0 t� \V � O Cr ■ Estimated Total Unreserved Fund Balance Original Adjustment Operating Operating July 1, 2010 Revenues to Revenues Transfer In Transfer Out Estimated Total Unreserved FY 2009 - Budgeted Adjustments to Fund Balance C arryovers Appropriations Appropriations June 30, 2011 G eneral Fun 010 General Fund: $3,24 $10,843,670 ($29,01£ ) _ $2,320,300 $0 $228, $13,833,.880 {$532,070} $2 Special Revenue Funds: 210 Fire P rotecti on Impact Fees $22,632 $12,700 $0 $0 0 0 $0 0 $35,332 211 Public Access Television 68,224 47,000 (14,650) 0 0 0 36,000 0 64,574 212 Police Protection Impact Fees 50, 776 1,700 0 0 0 0 0 0 52,476 213 P Development Fees 681,511 35,000 0 0 254,7 0 0 0 461,811 214 Park Improvement Fee's 341,625 20,400 0 0 290,330 0 0 0 71,695 215 Recreation Comm C enter 37,432 1,800 0 0 15,000 0 0 0 24,232 21 O rate Lane Assessment District 39,981 9 0 0 0 0 5 0 44,481 217 Landscape Maintenance District 25,025 6 1 800 0 0 3,300 0 3,800 0 24,725 218 Local Use Tax Fund 1,765,542 1,613,625 0 0 2,960,645 0 144,700 (39,200) 313,022 219 Parks Assessment District 232,059 58,700 0 0 3,600 0 8,000 0 279,159 220 greets 0 294,500 168,486 271,600 0 0 796,700 (62,114) 0 221 Traffic Congestion Relief 90,230 177,570 (176,570) 0 0 0 0 0 91,230 222 Traffic Signal 393,273 10,000 0 0 25,000 0 0 0 378,273 223 Traffic Circulation 24,910 2 0 0 0 0 0 0 26,910 224 Transportation Facility Impact 2,740,579 55,000 0 0 2,441,218 0 0 0 354,361 225 Transportation 0 256, 431 (157,917) 0 90,400 0 7,000 1,000 114 226 Water Neutralization atioyn Impact 542, 26,400 0 0 45,000 0 51,800 245,900 226,123 230 Construction Tat 3,190 0 0 0 0 0 0 0 3,190 231 Drainage Facility 2 } 029 600 0 0 0 0 0 0 2 232 In -Lieu Affordable Housing 928 } 030 300 0 0 0 0 0 0 928, 233 In-lieu Underground round Utility 101,815 0 0 0 0 0 0 0 101,815 241 Water Availa Fun 1,838 } 532 41,000 0 0 451,572 0 0 0 1,427,359 250 CDBO Grant Funds 0 0 71,625 0 0 71,625 0 0 0 271 State COPS Block Grant 191,611 101 0 0 0 189,877 100,000 0 2 284 R e d evelopment Agency 695 { 652 1,118,000 0 0 946,072 0 727,020 88,710 51,851 285 Redevelopment Set Aside 1 } 948,771 340,000 0 0 39,70(} 176,794 1,134,750 0 937,527 Total Special Revenue F $12,715,853 $4,230 } 026 (109,026) $271,600 $7,566 $438,296 3,014,770 $234,296 $5,904,554 City of Arroyo Grande Fund Balance - Control All Funds Operating Budget 2010/11 Adopted Budget Schedule I /Y CL i) /rt /Y Cr Grand Total All Funds $24,111,515 $28,162,996 $3,575,486 $12,932,177 $12,932,177 $10,789,250 $30,961,49 $434,071 $13,665,248 Estimated Estimated Total Total Unreserved Unreserved Fund Balance Original Adjustment Operating Operating FY 2009 -10 Budgeted Adjustments to Fund Balance July 1, 2010 Revenues to Revenues Transfer In Transfer Out Sm overs ApproLnations Appro nationsl June 30, 2011 CapiW Pr Eject Funds: 350 Capital Improvement Fund $0 $5,670,000 $3,713528 $10,340,277 0 $10,122,403 $8,7835M $817,902 0 Total Capital Project Funds 0 $500,000 $3 $10,340,277 0 $10,122,403 $8 $517,902 0 l i i.rn € se Funds: 612 Sewer $484,658 $978,000 $0 $0 $1,019, 0 $315,600 $1,654 $126,060 634 Sewer Facilit 331,668 12,000 0 0 0 0 0 0 343,668 640 Water Fund 2 } 682,124 3,532,900 0 0 3,032,63,E 0 2,106,960 22,269 1 641 Lopez Water 3,597,943 2,854,800 0 0 34 ,aM 0 2 (109,980) 3 642 Water Faclity 876,444 30,000 0 0 828,640 0 0 0 77,805 Total Enterprise Funds $7,972,838 w $7,407,700 $0 0 $5 0 $5,326,178 ($86,057) $4,916,498 Trust an e M Fund: 751 Downtown Parking $137,940 $11,600 0 $0 $141,722 $0 $3,100 $0 $4,719 Total Trust & Agency Fend $137,940 $11,600 $ 0 $141,722 0 $3,100 $0 " $4,719 I /Y CL i) /rt /Y Cr Grand Total All Funds $24,111,515 $28,162,996 $3,575,486 $12,932,177 $12,932,177 $10,789,250 $30,961,49 $434,071 $13,665,248 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 11.b. 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