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Agenda Packet 2002-08-27 crnr couNCi� city of , AGENDA _ Arroyo Grande Mtchael A. Lady Mayor Thomas A. Runels Mayor Pro Tem Steven Adams Ciry Manager Jim Dickens Council Member Timothy J.Carmel Ciry Auomey Tony Ferrare Council Member Kelry Wetrnore Director,Administrative Services Sandy Lubin Council Member AGENDA SUMMARY CITY COUNCIL TUESDAY, AUGUST 27, 2002 7:00 P.M. Arroyo Grande City Council Chambers 215 East Branch Street, Arroyo Grande 1. CALL TO ORDER: 7:00 P.M. 2. ROLL CALL 3. FLAG SALUTE: AMERICAN LEGION POST NO. 136 4. INVOCATION: PASTOR RANDY OUIMETTE, ST. JOHN'S LUTHERAN CHURCH, ARROYO GRANDE 5. SPECIAL PRESENTATIONS: 5.a. Presentations of Medal of Valor for Sers�eant Kevin McBride and Medals of Merit for Police Officer Vince Johnson and S�. Police dfficer Joe lanneo 5.b. Proclamation —American Character Week. Seotember 6-14. 2002 5.c. Proclamation — Consrratulatina Arrovo Grande Youth Wrestlina Club and Certificates of Saecfal Recos�nition for Rvlee Wiahtman. Georaie Looez. Jordan Rubio Frankie Herrera. Sasa Scharf, and Martin Castillo I AGENDA SUMMARY—AUGUST 27, 2002 PAGE 2 6. AGENDA REVIEW: 6.a. Move that all resolutions and ordinances presented tonight be read in title only and all further readings be waived. 7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS: Persons in the audience may discuss business not scheduled on this agenda regarding any item of interest within the jurisdiction of the Council. The Council wili listen to all communication; however, in compliance with the Brown Act, will not take any action on items that are not on the agenda. Upon completing your comments: ♦ You may be directed to staff for assistance; ♦ A Council Member may indicate an interest in discussing your issue with you subsequent to the Council meeting; ♦ The Council may direct staff to research the issue and subsequently report back to the Council (generally in the form of a memorandum or staff report); or ♦ No action is required or taken. f � 8. CONSENT AGENDA: � The following routine items iisted below are scheduled for consideration as a group. � The recommendations for each item are noted. Any Council Member may request that any item be withdrawn from the Consent Agenda to pertnit discussion or change � the recommended course of action.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 Disburseme�t Ratification (SNODGRASS) Recommended Action: Approve the listings of cash disbursements for the period August 1, 2002 through August 15, 2002. 8.b. Consideration of Cash Flow Analvsis/Aooroval of Interfund Advance from the Water Faciliri Fund (SNODGRASS) � Recommended Action: Receive and file July 2002 cash report and approve the interfund advance from the Water Facility Fund to cover cash deficits in other funds at July 31, 2002. 8.c. Consideration of Mnual Reoort — Fiscal Year 2001-02 C�sh Activitv in Transoortation Facilities Develo�ment Imoact Fund (SNODGRASS) Recommended Action: Accept the annual report of Transportation Facilities Development Impact Fund cash activity and ending cash balance at June 30, 2002. 8.d. Consideration of Disadvantaaed Business Ente�orise (DBE) Proaram for FFY 2002 3 (SPAGNOLO) Recommended Action: Approve the FFY 2002-03 DBE Program with "established" Overall Annual DBE Goal and submit to Caltrans by September 1, 2002. AGENDA SUMMARY—AUGUST 27, 2002 PAGE 3 8. CONSENT AGENDA(continuedl: 8.e. Consideration of Declaration of Intent to be Reimbursed (SNODGRASS) Recommended Action: Adopt Resolution declaring the City's intent to purchase equipment that will ultimately be reimburseti from lease purchase financing. 8.f. Consideration of Communications Site Lease Aareement with GTFJVw�izon Wireless (HERNANDEZ) Recommended Action: Approve and authorize the Mayor to execute the Communications Site Lease Agreement between the City and GTE/Verizon Wireless for use of approximately 800 square feet of surface area at the Soto Sports Complex and for the installation of a modified lighting standard on Porter Field to be used as an antenna array for GTE/Verizon service. 8.g. Consfderation of Votina Deleaate and Alternate for Leaaue of California CiUes Mnual Conference. October 2-5. 2002 (ADAMS) Recommended Action: Appoint Council Member Ferrara as the voting delegate and Council Member Dickens as the altemate delegate for the League of Califomia Cities Annual Conference. 8.h. Consideration of Closure of Citv Streets and Use of Ciri Pro�aartv and Wafver of Citv Fees for the 65 Mnual Arrovo Grande Vallev Harwst Fsstival (STRONG) Recommended Action: Adopt Resolution authorizing closure of City streets and use of City property and authorize the waiver of City fees/costs for the Arroyo Grande Valley Harvest FestivaL 8.i. CQnsideration of Biddle Ranch /laricuttural Cluster Subdlvision Draft EIR Comments (STRONG) Recommended Action: The Planning Commission recommends the City Council take no action to support, oppose, or comment on the Draft EIR for Biddle Ranch Agricultural Cluster Subdivision project. 8.j. Consideration of SHAISTP Coouerative As�reemant AmendmeMs (SPAGNOLO) Recommended Action: 1) Authorize the Mayor to execute SHA/STP Cooperative Agreement, Amendment No. 4 to Agreement No. AG-TEA21-01; and 2) Direct the Director of AdministraUve Services to submit SHA/STP Cooperative Agreement, Amendment No. 4 to Agreement No. AG-TEA21-01 to the San Luis Obispo Council of Govemments. S.k. Consideration of Prosaram Sunolement Aareement for the Scenic Creokside Walk Throuah the Historic Villaae of Arrovo (irande Pha�s III Proiect (SPAGNOLO) Recommended Action: 1) Adopt Resolution authorizing the Mayor to execute Program Supplement/�qreement No. 768 with Caltrans; and 2) Direct the Director of Administrative Services to submit the executed Program Supplement Agreement No. 768 and authorizing Resolution to Caltrans. _ ----- J AGENDA SUMMARY—AUGUST 27, 2002 � PAGE 4 � 9. PUBLIC HEARINGS: None. 10. CONTINUED BUSINESS: None. 11. NEW BUSINESS: 11.a. Consideration of Pr000sed Ordinance Amendina Section 15.04.010 of the Arrovo Grande Munici�al Code Reaardina Uodate of the Uniform Buiidin� and Related Codes (FIBICH) Recommended Actlon: Introduce Ordinance amending Section 15.04.010 of the Arroyo Grande Municipal Code and set a public hearing for September 10, 2002 for final adoption. 11.b. Consideration of Prouosed Ordinance Ainendina Section 8.04.010 of the Arrovo Grande Munfcioal Code Res�aMina Uodate of the Unlform Fin Code (FIBICH) Recommended Action: Introduce Ordinance amending Section 8.04.010 of the Arroyo Grande Municipal Code and set a public hearing for September 10, 2002 for final adoption. 11.c. Consideration of a Service Aareement with the Coastal San Luis Resource I Conservation District (SPAGNOLO) Recommended Action: Authorize the Mayor to execute the Agreement befinreen the Coastal San Luis Resource Conservation District for services to review erosion control plans for new developments on an as-needed basis. 11.d. Consideretion of Reauests to Provide Water and Sewer Sarvice for Areas Outside the Citv Limits (SPAGNOLO) Recommended Action: Direct staff to obtain the pumping records and capacity of each individual applicant in order to provide City water to the properties outside the City limits identified in this report. If it is determined that based on the pumping records that providing City water is not feasible, it is recommended that staff pursue establishing a process to wheel water through the City's distribution system. 12. CITY COUNCIL REPORTS: This item gives the Mayor and Council Members the opportunity to present reports to the other members regarding committees, commissions, boards, or special projects on which they may be participating. (a) MAYOR MICHAEL A LADY: (1) South San Luis Obispo County Sanitation District (SSLOCSD) (2) Other f 1 AGENDA SUMMARY—AUGUST 27, 2002 PAGE 5 12. CITY COUNCIL REPORTS: (continued) (b) MAYOR PRO TEM THOMAS A. RUNELS: (1) Zone 3 Water Advisory Board (2) County Water Resources Advisory Committee (WRAC) (3) Other (c) COUNCIL MEMBER JIM DICKENS: (1) Economic Opportunity Commission (EOC) (2) South County Youth Coalition (3) Other (d) COUNCIL MEMBER TONY M. FERRARA: (1) Integrated Waste Management Authority (IWMA) (2) Air Pollution Control District (APCD) (3) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORTA) (4) Other (e) COUNCIL MEMBER SANDY LUBIN: (7) South County Area Transit (SCAT) (2) Economic Vitality Corporation (EVC) (3) Other 13. CITY COUNCIL MEMBER ITEMS: � The following item(s) are placed on the agenda by the Mayor and/or a Council � Member who would like to receive feedbaGk, direct staff to prepare information, j and/or request a formai agenda report be prepared and the item placed on a future 3 agenda. No formal action can be taken. � E a) None. � � 14. CITY MANA(iER ITEMS: j The following item(s) are placed on the agenda by the City Manager in order to P receive feedback and/or request direction from the Council. No fortnal action can be � taken. E a) The City Engineer has received Tract Map 2240, owned by the Zaddie R. � Bunker Trust. The subject tract is located at 410 South Elm Street, just south � of the South Elm/Fair Oaks intersection. This Tract Map is a split of one parcel of 40,494 square feet in size into nine (9) separate lots ranging from � 4,003 to 6,747 square feet in size. Eight duplex units and one single unit will be constructed on the site. This is consistent with Conditional Use Permit 97- 553, which was processed concurrently with the Tract Map. The current � zoning for this tract is Multi-family. Unless appealed, the Final Map will be = approved by the City Engineer within ten days following the date of this E agenda. ( i AGENDA SUMMARY—AUGUST 27, 2002 PAGE 6 15. COUNCIL COMMUNICATIONS: Correspondence/Comments as presented by the City Council. 16. STAFF COMMUNICATIONS: CoRespondence/Comments as presented by the City Manager. 17. ADJOURNMENT . . . . . . . Copies of the staff reports or other written materials relating to each item of business referred to on this agenda are on file with the Director of Administrative Services and are available for public inspection and reproduction at cost. If you Mave questions regarding any agenda item, please contact the Diredor of Administrative Services at(805)473-5414. « . . . . . . In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting, please contact the Director of Administrative Services at the number listed above at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to the meeting. : . . . : . . Note: This agenda is subject to amendment up to 72 hours prior to the date and time set for the meeting. Please refer to the agenda posted at City Hall for any revisions, or call the Director of Administrative Services at (805) 473-5414 for more information. www.arrovosarande.ora 5.a. � CITY QF • ' ► . • � � _ �� � ,�, , ' CALIFORNIA 7 9 � 1 3�an.m'ary R.eSOCution .�l�warding �'i.e Pol'ice Deparlment's �tedalOf valor�o Sergeant�Cevin�tcBride WHEREAS,in tha eady moming houra of May 19,2002,a fire occumd in a raldenu at 518 Diana Pl�u;md WHEREAS,Sargemt Kevin McBrida,along with Senlor Otfloer AlbaR Bealtie�nd Piro Mp�Ament pKSOneM rosPundM to Me Bre scena;and WHEREAS,upon Serpeant McBdde's arrival,the fln had bapun to tully envelope th�rosida�e;md WHEREA3,fearing Mere were reaidents in the home,SergeaM McBride began to foree opan ihe nar door when he was ' forc�d Gck due to smoke;and WHEREAS,Saryant MeBride contlnued to pound on v+indows and othx doon W M�ra�Wenu In an�Rat W O�In Me oeeupanb'Mhntlon where he was hequentty torced baek by heat ar�d tmok�:and , WHEREAS, ea a diroct resuR of Sergeant McBdde's actiona,the xcup�Ms awoke and wxe abls to safNy ak tha ' ' buminp rosldmce;and I WHEREAS, SxpeaM McB�ide's acdons in thia eituatlon demonsVated wlor by rlskiny his p�nonal ahty in m sztremely hmNous siWatlon;and WHEREAS,k is the desire of the City Council to recogniza ks employees for haroic wndud NOW,TNEREFORE,BE IT RESOLVED that the Cky Council of the City of Moyo Gnnds,upon neommaidHion of the Chlef of Police,heraby awards tha Medal of Valw W Serge�M Kevin Me&ida Nis 2T"dry MAu�st 2002. /���i��'� M���, �y� Rick�TerBorch,7C�h�ie(of Polla i5••�_� om�s Runals,�ayo Tem SYw" e�n�Adams,CHy Manaqer JI ickens,Councll Mem rbe Kelly Welmon.Admin�� Sarvlca�WieetodDepuly CNy Clerk � .. � Ton anara,Council . � o��,Paorp Q . . � � � > o�rwAn� . . ... h p � Lu , uncll Mem r � A • ,�.�..�.,, • l e�uFOnN�� � CITY OF � , . . • • • � , , % I ��, � CALIFORN��IA � 9 '1 � \�— ��� � �. � 3-L�onorary Resocution � .�l�varding ?{�i.e PoC�ce Depart�ment's j �teclal'Of�terit 7o Off icer'Vince,Iohnson � WHEREAS,in the eveninQ of August 26,2001,O(fieer Vinee Johnson,along with Offleen NMrt BattN and Donna Hamilton,responded to a 9�1•1 call from a woman reporting that her huaband was exhiMGnp'Murro" behavbr and"lunging"at her with a knife;and WHEREAS, upon ardving at'Me rssidence, the wife adviaed the responding otFlcers that Iwr husb�nd, a Vietnam vsteran, suffered from Post Traumatic Stress Syndrome, and waa hallueinatlng, beliwinp that he was 18 years old and in Vietnam in combat,not even recognizing hia wife;and WHEREAS,the offieers approached the doorway of the residenee,observing that the hutband was blseding � aa the reautt of alf•inflieted atabbings;and WHEREAS,Otficer Vince Johnaon began a dfalog with the Ausband when he was ultlmabIy able W gdn tha husband'a truat, bringing him back to an emotional atate of roality U�eroby Nlowiny ONk�r Johmon to trerupoR the huaband W the Arcoyo Grande Hoapital Em�rgeney Room for trootment M hb inJuriu snd ultimetely to Sm Luia Obispo County Mental Health jaeilkies for further treatment;and WHEREAS, dw to Of(icer Johnson's e�ctreme paGence and undentanding, couplad wiM his eounsalinp akilla, the police penonnel were able to avold a physical eoMronhtion wifh the emotlondty dishaught huaband who believed he waa atill fighting i�a war which snded thiRy yaaro ago;and WHEREAS,Polke Officer Johnson's actions in this situation demonstrated m@ritorioua conduet signNlca�Uy beyond that expected of a poliee oHieer in such a aituetion;and WHEREAS,it fa the desire of the City Council to recognize ib employeea for medtorious conduct. NOW, THEREFORE, BE IT RESOWED that the Cily Council of the City M Arroyo Granda, upon recommendation of the Chief of Poliee,hereby awards the Medal of Merit to Poliee Offiur Vinee Johnson thb 27�^day ot August 2002. ��h �y� Ricl:TarBorch,Chief of Poliu �� omas A Rune�s�A ro Tem Stev i Adams,Cky Managar � � Dicke s,Council Member Kelly Wat oro,AdminisVaNva o��,aporo 09 . Services DlreetodDepuly Cily Clerk � � F o�ro��no y . . O ' . T011 iq�r•0U0G���Y�@ . + �u�r u.un f . '. . ... -" c�</FOPa�' . San y UMn�CW GI�11 mtar I I � CITY OF . . - • • ' ' . ,�,, �/ � , � � � � I �� ' CALIFORNIA � 9 � 1 \ — ��� � �� .�'{�OriO'►'GL1"1f RQSOl1�lt10ri .��vardia� 7he Police Department's �tedaCOf�terit �o Senior Offrcer Joseyh laa�neo WHEREAS, Senior Police Officer Joseph lannao has been assigned as the School Resouree Olficar since June 29, 1999;and . WHEREAS,dudng the past lwo years,in add'Rion to his repular duties,Offleer lannao enpagad in three very sipniflcant and sueeessPol projecfs,Including: 1. In the Spring of Z000,Ofllur lanneo devaloped,coordimtad,and wnductad!ha"Every FlReen MInuM'ta�nay� drinklnp snd drivinp pravenGon program at the Arroyo Gnnde Hlph School,sNd propnm requlring the ImolvNnent of school personnel and sWdanta, all emerpeney responae agencles in the South CouMy and the CdNomla FWOhw�Y Patrol, reaultlnp In Ne propnm being designated as a modal pragram in the State by ths Calllomi�Mp�Mrnt of , Alcoholic 8wange CoMrd�the aponaoring Stata agency;and 7. Oflicar lanneo was InaWmental in developing and presentlng the curtieulum for the CriMnal Justka eoun�for ths Rplonal OcwpHlonal Propram(ROP)at the Arroyo Grande Hiph SeUool In ths�01-02 sehool yar,fhe IM�M of wid wuna being to prepare atudents to enler vaaUonal criminal JuaNce curticulum at a communily eallape;md 3. In the spring o12002,Offlcer lanneo apain ovenaw the presantatlon of Ne"Evary Flftaen MNnutss"propmm�ths ' ' Mroyo Gnnde Hiyh School, again the propram dnwing pnise trom the CalNomla Highw�y Patrol,tln spon�or�ep Sqte apency;�nd WHEREAS,+II Mrae of the above programs were highty eHective ln sarving the youtA of our commuoMy and broupM recopnwon md prabe M Me Cky of Artoyo Grande,the Artoyo Gnnde Pdiu Dspatment,and th�ArroYo Grmde F�Yh School;and WHEREAS, Sanior Poliu O(ficer lanneo's performanu in these activkia demonsVkad marltorlous wnduet signMiuMly beyond the expectatlorm for his assignment;and WHEREAS,R Is the dasire of the City Councll W recognize fte employaes fot medWrious wnduct NOW,THEREFORE,BE R RESOLVED that the City Council M the Cky of Arroyo 6rande,upon rocomm�ndrtlon M tM ChiN ot PoNu henby awards the Medal of Merit to Sanlor Pollee Offlca Joseph lumeo this 2T"dry of Aupwt 1W2. � . Michu lady, a Rick TerBachA,Chlaf of Polia /L ��f�iYir_�_ k«�— ^'� Than�s A Runals,� ro Tem Steve ams,CHy Manager . • J ckem,Councll Member Kelly WMmoro,AdministratWa o,�►apOyo 0 . . Services DinctodDapuly Clty Clark F ���.�e� .. � : . Tony .F mn,Council er ° � • . ,o..,..,.,� * �. � c'�(IFOPN`' S�ndy Lubin dl Mr I s.b. � � CITY OF ► , . • • - . � �� � ' CALIFORNIA � � ��� � � � �� � � � � 3�011A1'a?"y Pl"OCG�11�A�t0?1. � � CeCedrating .�lmerican Cfi.aracter 'bVeek Septemder 6 - i4, 2ooz WHEREAS, on September 11, 2002, will be the flrat anniveroary of unprecedented terroHst attacks � � . resulUng in a momenWUS loas oi 1Ne and property;end � � . � WHEREAS,the tercorists hoped to bNng Americana W fheir knees. Instead,they brouphtAmeMe�ns to their feeL The terrorists hoped b demoralfze and fntlmidate Amerieans and undertnMe thelr w�Y a�s. . �� InsteW, Amer�ens became more resolute in their commitment W cherished demoentlo end' � � humaoiUrian principles thaliorm tbe moral foundatlon of thia nation;end � . � WHEREAS, this anniversery oi tragedy is elso an ennivarsary ot lriumpb, a WumpA oi ehsractec . . � �� courege over cowardice, kindness over cruelly, aervice over selfisbneas, responsibiNly ovar . . � IedHference,love over hate,end freedom over repreaabn;aad . � � WHEREAS,we ahould demonsVate our respeet for the victims oi thls tercible�day by commsmor�Wq . .� � � � Ne IWes bst arW damaged, but we should alao honor end celebrete the countlees acb of counp�• � . � compasabn,loyally,responsibility and other qualPoes thet represent lhe best in human nNUre and the - Amerlcen character,and WHEREAB, we should remember September 11'" not only as a day oT preat mistorWne, but as�a � � . - � reminder ot fhe great fortuee we posaess in tAe charecler of our people and in INing In a eo�ntrY where . , � � �. cheractercounb;end . . � WHEREAS, ft should be e day of reflecUon and educeGon invoWing activitles fhal atrerWlM� ".. apprecktlon of end dedication W the core ethieal velues Mat constlWte the puMti of�° A�^°�^ � . charecter,auch as Vustworthineas,respecQ responsiblllly,fairness,eaNng and pood cltlzensMp:and . � WHEREAS,it ahould be a day of acUon devoted W communiry eervice,an element of pood citlzemhip � . -_ � � and an ezpreasion of good charaeter. Communily servlee is also a metter oi natlonal poNey axWe�sad . �� in President 6eorge W.Buah'a call for all AmeAcena W gWe at leaat 4,000 hours of serv�e and In The � � Spirlt oi AmeNca Act W assure that the lives lost on September 11'"ere commemoraled: � � � NOW THEREFORE, BE IT RESOLVED, that I Mlehael A. Lady, Meyor M the Oity M Arroyo Gnnde•c^ � � � � �. beAaB o(the City Councfl, proelaims the period commencing September 8 MroWh Ssptambsr 14'"• . � � 2002 as"American Charecter Week"and call upon school�,youfh or9anizatlon+�ca^�h'a�P�� . - . . � � govemment egenciea W use fhis period W dlacuas end recognize AmeHcan's IndNidwh n�tlonwide , . � and local wlw demonstrete the highest qualitlea of the AmeMcan cheracter,and lo leach aid ProWda � young people about service-leaming opporlunitles, and eneourage fhem W punue caroan in WW1c � . � . . � servlce. . . . , IN WITNESS WHEREOF,1 have hereunto set my hand a�d ceuaed the Seal of the City of Arcoyo GraMle . W be aRixed thia 27'"dey of Auguat,2002. . �'µxOYp � . � � � ano��o� � � �� ti � p A . + au�r w.nn ■ . . �� � MICHAEL A.LADV,MAVOR � c'��IpOP��' I 5.c. � CITY OF . • • ' • ► . � , I \., _, ' CALIFORNIA -��I/ � 9 1 1 ' \� � .�-L�01'1,0'1"GL1"1J P`►"OCCGL1'I'L6Ltl0'I'� CongratuCating t�'i,e .�lrroyo C3rande youth lvrestling CCu6 WHEREAS, the Arroyo Grande Youth WreaUing Club wes established by the Cky of Arroyo Grande in 1981;and WHEREAB, the Arroyo G�ende Youth WresUiog Club has a long hiatory of succeas at ihe state and regional levels;and WHEREAB, four Arcoyo Grande Youth Wrestlinp Ciub memben won 8tate Chempfwrohips in 2002, Including Rylee Wightmen In Freestyle and Greco Rom�n, Georgie Lopez in Freeatyle, Jordan Rubb in (ireco Romen, snd Sass Schart in Freestyle, and MerGn CasUllo who pleced fourfh in the Stete Greco Romen TournameM;and WHEREA3, three Club membere placed et the Weatem Repionel toumement hsld in Butte, Monfan�, Includinp Rylee WlgMrnan who was champbn in C3roco Ransn �nd aeca�d In Freutyle, Geagfe lopez who was second in Freestyle, and Jad�n Rubio who was fourth in Greco Roman;and � WHEREAB, four Club membero placed aE the NaUonel Champiaahlps held in Enld, Oklehoma,including Rylee Wightman who was chempion In Oreco Rom�n and sacond In Freestyle,Georgie Lopez who was thtrd In Freestyle,Jordan R�lo who wa�flRh in Greco Romen, Frankie HerTera who was flRh in Gnco Roman and sixfh in Freestyle, and Martin CaeGllo who was flfth In Greco Roman and sixth in Freestyle;end WHEREAS, volunteer coachea Roger Wightman, f3eorge Lopez, Alex Rubb, Prqton Scharf and Fronk Hercera apent hundreds of houro coaching and Tundralsinp for the propram. NOW THEREFORE, BE IT RESOLVED, that I Micheel A. lsdy, Mayor of ths City of Arroyo Grande, on behalf of the Cfty Councll, do hereby oificlally conpratul�b fhe Arcoyo Grsnde Youth WresUing Club, ifs ethletes and coachea, tor their tramendow success thfs season. IN WITNESS WHEREOF, I have hereunto set my hand end cauaed the Seal of the City of Arroyo Grende W be aHixed thia 27'"day of August,2002. �'aporo 0 � � � onro�•r[� . �' O O nl MICHAELA.LADY,MAYOR • +�•+�.+++� + c�<icona�� �i i I i I � CITY OF . . . • • • � ' CALIFORNIA _ � s � 1 Certificate of 24�e c o riition � Presented to � � I 2L �ee 1�IT ��l�� I � � In Recognition of Your Outstanding Success � With the Arroyo Grande Youth WrestIing Club I By Winning the State, Regional and National Greco Roman Championships, Winnin� a State Freestyle Championship, and Placing Second In Both the Regional and National Championships. � '�`p�Y�p9 � a MC011�011A1�D'Z f tT °m * JULY 10. 7011 * MICHAELA.Le1DY,MAYOR ��c��paN�� % � CITY OF ' . . • � ' �► ► , ' CALIFORNIA - � 9 1 � Certificate of Reco nition � Presented to . eor �e L � � � , � In Recognition of Your Outstanding Success � With the Arroyo Grande Youth Wrestling Club By Winning the State Championship in Both Freestyle and Greco Roman, Placing Second in Freestyle at the Regionals, and Third at the National Championships. 'ppOyp F� ca�ran�rw� c� m MICHAEL A.LADY,MAYOR * ,�"�,'. ,", ' °�c iROa�'�p ' -- -- __ _- -- -- --- � CITY OF . • � • ► . , � CALIFORNIA - � 9 1 � Certi icate o .f 24;,eco nition � Presented to � . O�r n � f In Recognition of Your Outstanding Success � With the Arroyo Grande Youth Wrestling Club � By Winning a State Greco Roman Championship, Placing 5tn in Freestyle, Placing 4� in Greco Roman at Regionals, and 5�' at the National Championships. PpROYp �NC011►OIIAT�p9'Z ~ O �1 T MICHAI�iL A.LADY�MAYOR * +u�r �o, +n+ * °tt�ROaN�p � i � I • CITY OF . • � � . . ,► : /, � ' CALIFORNIA — � 911 Certi icate of f Re c a nition � Presented to � � � r � 3���a � a�k�e � � ; In Recognition of Your Outstanding Success i With the Arroyo Grande Youth Wrestling Club 6 By Placing 4th in the State Greco Roman Tournament, Taking 5� in Greco Roman, and 6� in Freestyle at the National Championships. O� PpROyp O F Moo�ro��reo`�= c� m MICHAEL A.Le1DY,MAYOR * +V�Y,�. ,•,, * °qcrFOaN�P i i � CITY OF . - • ' ' � ► � � �I �� ' CALIFORNIA - � 9 '1 1 Certi icate of f Re c o nition � � Presented to Sa.sa SCht,c� In Recognition of Your Outstanding Success With the Arroyo Grande Youth Wrestling Club By Placing ist at the USA Wrestling California Girl's State Freestyle Championships. o� PpROYp�9 � Nco�►oe�rao 92 c3 °rn * JYLY 70.N11. ♦ MICHAEL A.LADY,MAYOR c�t�FOa�`� ( I I � CITY OF ► . - • � � , ' CALIFORNIA ' � 9 1 � Certificate o � f ��e c ognition Presented to � � � In Recognition of Your Outstanding Success With the Arroyo Grande Youth Wrestling Club By Placing 4� at the USA Wrestling California � Boy's State Freestyle Championships. � PpROYp 9 O � xeoeroe�no�_ MICHAEL A.LADY,MAYOR � m � . t �utr,o, ,o„ �► °qt�ROa�'�� � 8.a. o� pRROYOc � INCORYOqATE Z � o m � du�r io, iori * � MEMORANDUM 4��FORN�P ro: cmr couNCi� FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES � BY: JANET M. HUWALDT, ACCOUNTING SUPERVISOR�P� SUBJECT: CASH DISBURSEMENT RATIFICATION DATE: AUGUST 27, 2002 RECOMMENDATION: It is recommended the City Council ratify the attached listing of cash disbursements for the period August 1 —August 15, 2002. FUNDING: There is a $532,504.97 fiscal impact. DISCUSSION: The attached listing represents the cash disbursements required of normal and usual operations. It is requested that the City Council approve these payments. ATTACHMENTS: ATTACHMENT 1 — Cash Disbursement Listing ATTACHMENT 2 —August 1, 2002 Accounts Payable Check Register (01/02) ATTACHMENT 3—August 2, 2002 Accounts Payable Check Register (02/03) ATTACHMENT 4 —August 8, 2002 Accounts Payable Check Register (01/02) ATTACHMENT 5 —August 9, 2002 Accounts Payable Check Register (02/03) ATTACHMENT 6 —August 9, 2002 Payroll Checks and Benefit Checks ATTACHMENT 1 CITY OF ARROYO GRANDE CASH DISBURSEMENTS For the Period of August 1 Through Auqust 15, 2002 August 27,2002 Presented aze the cash disbursements issued by the Department of.Financial Services for the period August 1 to August 15, 2002. Shown are cash disbursements by week of occurrence and type of payment. �R.:� . .. ��"A'�i"�I+�t'T' ' ;�'� � August 1,2002 Acconnts Payable Cks 106800-106825 (Ol/02) 2 $32,975.97 August 2,2002 Accounts Payable Cks 106826-106962 (02/03) 3 58,155.86 August 8,2002 Accounts Payable Cks 106975-106979 (Ol/02) 4 23,06924 August 9,2002 Accounts Payable Cks 106980-107033 (02/03) 5 95,85426 Payroll Checks &Benefit Checks 6 322,449.64 418,303.90 Two Week Total S 532,504.97 VOUCkQiE2 CITY OF ARROYO GRAND6 PAGfi 2 0'//31/02 12:28 VOUCf�R/CHECK REGISTER FOR ALL PBRIODS VOUCl�R/ � CH6CR C}lBCK VEN�OR V6NDOR ITEM ACCOUNf ITEM CHECR NOMB6R DATE N[7MB6R NAME DESCRIPTION NOMBER prypiRdT AM()UN•r 306820 OB/O1/02 075816 SAN LUIS POWERHOUSE REPR.GENERATOR-VISTA DEL MNt 030.4201.5603 319.63 319.63 106821 08/O1/02 078156 SBBASTIAN OIL DISTRZB. DI&SSL 6 GA$OLINE 010.9211.5608 113.91 106821 08/O1/02 078156 SEBPSTIAN OSL DISTRIH. GASOLINE 6/16-6/30/02 010.4201.5608 1,222.57 1,336.98 106822 08/O1/02 075114 SIA CNTY G6NERAL HOSPIT DRUG SCREENS-JUNE 02 010.4201.5324 124.00 124.00 106823 OB/O1/02 083226 SUNSET NORTH CAR WA$H CA[i WASHES 220.4303.5601 22,91 106823 OB/O1/02 083226 SUNSET NORTH CAR WA$H CAR Wp3HES 612.4610.5601 18.66 106823 OB/O1/02 083226 SUNSET NORTH CAR WASH CAR WASE�S 010.4301.5601 16.96 106823 OB/O1/02 083226 SUNS6T NORTH CAR WA$H CAR WASH65 010.4201.5601 293.OB 306823 OB/O1/02 083226 SUNSET NORTH CAR WA$H CAR WASHES 640.4712.5601 3'/.31 106823 OB/O1/02 083226 SUNS6T NORTH CAR WpSH CAR WASHgS 010.4305.5601 12.70 106823 OB/O1/02 083226 SUNSET NORTH CAR WA$H CAR WASHES 010.4920.5601 18.66 420.28 106824 OB/O1/02 102007 VBRIZON WIRELESS CELL pHONE 459-4859 612.4610.5403 85.60 106824 OB/O1/02 102007 VERIZON WIRELESS CfiLL PHONE 459-5855 010.4305.5403 85.88 106829 08/O1/02 102007 VERIZON WIREL855 CELL PHONE 459-1757 010.4301.5403 34.59 206.07 106825 OB/O1/02 090480 WAYNE'S TIR6 TIRES-981 010.4201.5601 99.90 99.90 TOTAL CH6CK5 32,9'/5.97 I S � ATTACHI�7ENT 3 I VOUCHIIE2 CITY OF ARROYO GRANDE PAGE 1 I 08/02/02 15:39 VOUCHER/CHEC% REGIST6R � FOR PERIOD 15 . � VOUCHER/ CHECK CHECK VENppR VENDpR ITEM ACCOUNT ITEM CHECR NOMBEA DATE NUhffiER NAME DESCRIPTION NUI�ER AMOUNT AMOUNT 106826 OB/02/02 103120 2002 CCPOA CONFERENCE CCPOA CONF-ST&AFiNS 010.4201.5501 195.00 195.00 106827 OB/02/02 000156 A1 VACU[7M & JANITOAIAL VACUUM REPAIR 010.4213.5603 '/0.85 'l0.85 106828 OB/02/02 103015 TOM ABSH&RE REF.PARR DEPOSIT-ABSH6R6 010.0000.4354 26.00 26.00 106829 08/02/02 001000 ADVANCEO PAGING REPAIR PAGSR-T.SCFAtIDT 010.4213.5303 30.00 30.00 106830 08/02/02 103123 AFSS WORKSHOP APSS WORKSHOP R&GIST-HAGLLIND 010.4211.5501 200.00 200.00 106831 OB/02/02 103134 ERIKA ALCANTp2 REF.PARR D&POSIT-ALCANfAR 010.0000.4354 26.00 26.00 106832 OB/02/02 102509 API WASTE SERVICES ROLLOFF CORP YARD 010.4213.5303 250.00 250.00 i 106833 OB/02/02 103062 AQUA-METRIC SALES CO 3" WTR MTR-R.GRANDE PARR 640.9712.5207 828.51 828.51 I 106839 OB/02/02 102050 AVAYA,INC. 02/03 MERLIN PHONES SVC AGRE6 010.4145.5403 56.32 56.32 106835 OB/02/02 103108 HRYAN D. HAI�R REF.O/PMT-lO1B SYCAMORE DR 690.0000.4751 341.62 106835 OB/02/02 103108 BRYAN D. BAREA CIASING BZLL-1018 SYCAMORE 640.0000.4751 93.89- 106835 08/Oi/02 103108 HRYAN D. HAKER PREV.BAL-lO1B SYC9MORE 640.0000.4751 ]6.92- 170.81 106836 08j02/02 009]50 BRENDA HARAOW RSIhID SUPPLIES-HARROW 010.4422.5256 33.20 106836 OB/02/OZ 009'/50 BRENDA HARROW FILM DEVELOP-SPECIAL EVENTS 010.9924.5252 5.30 38.50 10683'/ OB/02J02 101810 BASIC Cf�MICAL SOLUTION SODIUM HYPOCHORITE 640.4712.52]4 568.94 568.94 106B3B OB/02/02 101987 BERNARD'S H.D. SPECIALT MOUNT/BALANCE FRONT/REAF2-983 010.9201.5601 5]8.72 578.]2 ' I 106839 OB/02/02 012168 HOXX EXPRESS SHIPPING CHARGES-JUNE 2002 010.9201.5201 93.92 j 106839 OB/02/02 012168 BOXX &XPRESS SHIPPING CHARGES 010.4211.5201 14.11 58.03 � if 106890 OB/02/02 1029'/l MATT BROCK S/HALL LEAGU6 iTh7p-BROCK 010.4924.5352 160.00 160.00 f 106B91 08/02/02 013104 JEPF BRIX.IDY ICI CORE COURSE-BROhIDY 010.4201.5501 1,304.20 1,304.20 I 106892 OB/02/02 0135'/2 BRUMIT DIESEL,INC AIR FILTER OE 272 010.4211.5601 129.60 124.60 � i 106843 OB/02/02 021299 C.COAST FIRE PREVENTION 02/03 CCFPA DUES-FIBICH 010.9211.5503 30.00 � 106843 08/02/02 021294 C.COAST FIRS PREV6NTION 02/03 CCFPA DUES-SC}QAIDT 010.4211.5503 30.00 60.00 { 106844 OB/02/02 016224 CA.LAW ENFORCEMENT ASSN CLEARS TRAINING CONF-S.PRYOR 010.4201.5501 225.00 225.00 ` i 106895 OB/02/02 016614 CA.POLICE CHIEFS ASSN. 02/03 CPCA DI7ES-TERBORCH 010.4201.5503 230.00 230.00 106846 OB/02/02 019110 CA.TRUCRING ASSOCIATION CPA DUES-02/03 010.9305.5503 384.00 384.00 I� 106847 OB/02/02 019812 ARON CANBY WELDING FLAT IRON 220.9303.5613 199.48 199.48 i � 106B4B OB/02/02 303119 CAPTO SOVPH CAPTO-C.HENDRZCI(5 010.4201.5501 170.00 170.00 � s' f k : � VOUCfQ2E2 CITY OF ARROYO GRALIDE PAGE 2 � OB/02/02 15:39 VOUCHEA/CHECK REGISTER � FOR PERIOD 15 VOUCHER/ � CH6CR CH6C% VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NOMBER DATE NODIB6R NAME DESCRIPTION NUhIDER AMOUNT AMOUNT 106849 OB/02/02 103105 CASA TIERRA HOMEOWNER'S REP.PR-APP R6V 01-006 TR1724 010.0000.9511 155.00 155.00 106850 OB/02/02 102652 CENTRAI. COAST GASES OXY 4 ACET GASBS 010.4305.5303 195.00 106850 OB/02/02 102652 CENTRAi. COAST GASES OXYGEN/AC6TYLENE 640.4]12.5303 195.00 390.00 306851 OB/02/02 021918 CENTRAL COAST SUPPLY RESTROOM SUPPLIES 010.4920.5605 1,157.55 106851 08/02/02 021918 CSNTRAL COAST SUPPLY WASTEBASKETS 010.4213.5604 g3,7q 106851 OB/02/02 021918 CENTRAL COAST SUPPLY RESIROOM SUPPLIES 010.4420.5605 968.90 2,220.19 106852 OB/02/02 101856 CHARTER COhIIAONICpTIONS CABLE MOD&M 010.4140.5303 189.85 1B9.B5 � 106853 OB/02/02 103112 CH2ISTINA CHOW REF.O/PI?f-199 TALLY HO 640.0000.4751 145.65 106853 08/02/02 103112 C}Q2ISTINA CHOW PR6V.HAL-199 TALLY HO 640.0000.4751 65.61- 106853 OB/02/02 103112 QIItISTINA CHOW CLOSING BILL-199 TALLY HO 640.0000.4751 14.43- 65.61 � 106854 OB/02/02 023634 CLASSIC TSES & SIGNS SUtRAER 2002 T86 SHIRTS 010.4421.5255 365.12 365.12 106855 OB/02/02 102986 RICHARD COFFEY REF.O/PMT-1110 LINDA DR 640.0000.4751 5].72 5].72 106856 OB/02/02 024832 COM90NICATION SOLUTIONS REPR RES 2 RTU 640.4'/12.5303 145.00 106856 08/02/02 029832 COMAqhIICATION SOLUTIONS REPAIR ORO BOOSTER SLECfRICAL 640.4712.5303 739.92 884.92 106857 OB/02/02 101528 COMPUTERLAND DRUM KIT FOR LASER JET 010.9140.5602 76.]9 ]6.79 � C C 106858 OB/02/02 101638 TYLER COON S/HALL LEAGU6 SCORER-COON 010.9924.5352 60.00 60.00 I � 106859 OB/02/02 102926 CRUISERS PATROL I1NIT SEAT ASSEDIDLIES (4 010.4201.5601 1,852.00 � 106859 OB/02/02 102926 CRUIS8R5 CR:PATROL UNIT SEAT ASSEFIDLIES 010.4201.5601 1,852.00- 106859 OB/02/02 102926 CRUISERS SHIP CHGS-RET.WRONG SEAT ASI�Y 010.4201.5601 389.79 389.79 106860 OB/02/02 103124 KYONG CRU2 ORIGAMI PAPER ART 030.4424.5351 110.60 110.60 ' i 106861 OB/02/02 027144 L.N CUATIS S SONS COATS, PANPS PATCHES 010.9211.5272 469.76 469.76 � 106862 OB/02/02 076848 L6NNY DE LOS SANTOS ADULT/INT.TENNIS-DE LOS SANTOS 010.4424.5351 218.05 i 306862 OB/02/02 076848 LENNY DE LOS SANTOS JR TENNIS ACAD-DE LOS SANTOS 010.4424.5351 364.00 SB2.05 � I 106863 OB/02/02 101716 JIM DECECCO S/BALL LEAGUE UMP-DECECCO 010.4424.5352 96.00 96.00 106864 OB/02/02 103111 LEIGANN DERING REF.O/PMf-529 CROWN HILL 690.0000.4751 171.88 I (106864 OB/02/02 103111 LEIGANN D6RING CLOSING BILL-529 CAOWN HILL 640.0000.4751 85.94- 85.94 f i lOfiB65 OB/02/02 029250 J.B. DEWAR,INC. OIL R6CYLCE OES 272 010.4211.5303 35.99 35.99 � i l 106866 OB/02/02 102985 DLT SOLUTIONS,INC. ACAD MAP S RASTER DES.SUBSCR. 010.4301.5503 465.89 465.89 ' i 10686'/ 08/02/02 030584 DEBI DYKZEUL 5/BALL LEAGVE SCORBR-DYI(ZEi7L 010.4424.5352 75.00 ']5.00 ! i 106868 OB/02/02 103109 DONf7A EVENSON A6F PR6-APP REV-580 C6RR0 VIST 010.0000.4511 310.00 310.00 106869 OB/02/02 101379 FERGOSON ENTERPRISES,IN 4' CPLGS/6"RUBHER GAS](BTS 640.4'l12.5610 122.26 i i � VOUCHRE2 CITY OF ARROYO GRAND6 PAGE 3 OB/02/02 15:39 VOUCHER/CHECK REGIST&R � FOR PERIOD 15 VOUCHfiR/ Cfi6CR CHBCK VENppR VENDOR IT6M ACCOUNT ITEM CHECK NUPIDER DATE NUbIDER NAME DESCRIPTION N[1MBER AMOUNT AMOIINT 106869 OB/02/02 1013]9 FERGUSON ENTERPRISES,ZN 3 PIPE WRENCH&S/HYD.WRENCH fi40.4712.5273 172.13 294.39 106870 OB/02/02 09918'/ PIRE ENGINEERING FIRE ENGINBfiRING RENEW 02/03 010.4211.5503 19.95 19.95 106871 OB/02/02 100217 PIRST NIERICAN TITLE CO SUBDIVSSION MAP 350.5512.7301 150.00 150.00 3068'/2 OB/02/02 103129 LEESA GONZALEZ RBF.C/B DEP-GONZAL6S 010.0000.2206 250.00 1068']2 OB/02/02 103129 LEESA GONZALEZ LESS BLDG SUPSR-GONZALES 010.0000.4355 166.50- 1068'/2 OB/02/02 103129 LEESA GONZALE2 LESS E%1RA CLgpP7ING-GONZALES 030.0000.4355 27.61- SS.B9 � 306873 OB/02/02 103131 CAROL GORDpN REF.PARK DEP-GORDON 010.0000.4359 26.00 26.00 106879 OB/02/02 102910 GSI SOILS,ZNC SOIL TEST-CREEKSIDE PATH PROJ. 350.560].7501 2,650.00 2,650.00 1068'/5 OB/02/02 102161 GT DISTRIBUTORS,INC EAR MOFpS 010.4201.5255 102.11 106875 OB/02/02 102161 GT DISTRIHUTORS,INC 0/C SPRAY 010.9201.5272 255.32 306875 08/02/02 102161 GT DISTRIBUTORS,INC SWITCHES/LENSES 010.4201.5603 1'/5.32 532.75 1068'/6 08/02/02 039702 HACH COMPANY TEST KIT CHEMICALS 690.4'/12.52'/4 102.17 102.17 106877 OB/02/02 039858 VANESSA HALL MIXED MEDIA CLASS-V.HAI,L 010.4429.5351 131.20 131.20 1068'/8 OB/02/02 103088 HANSON AGCREGATES ASPHALT 220.4303.5613 ]6.73 '/6.73 106879 OB/02/02 041184 HBACOCK WELDING NORTH ATWOOD STABILIZER JACK-9B4 010.4201.5601 24.67 29.67 106880 OB/02/02 102797 GAVBN HBNDfiR50N AEF.O/PMT-1233 FARROLL AVS 640.0000.4751 177.74 106880 08/02/02 102797 GAVEN HENDERSON PRBV.BAL-1233 FARROLL AV6 640.0000.4751 '/5.04- 306880 08/02/02 10279'/ GAV6N HENDeRSON CLOSING BILL-1233 FARROLL 640.0000.4'/51 13.83- 88.8] 106881 OB/02/02 103122 JOHN HOPRINS ASSOC C�BG-C/B ADA IMPROVII�NTS 250.9800.8016 500.00 500.00 I i 106882 OB/02/02 093290 CHfiRI HULGAN GASOLINE 010.9201.5608 10.00 I 106882 08/02/02 043290 C}�RI HULGAN GASOLIN6 - 010.4201.5608 10.57 ( 106882 08/02/02 043290 CHERI HULCAN GASOLINE 010.4201.5608 8.99 106882 08/02/02 043290 C}�RI HULGAC] GASpLINE 010.4201.5608 13.43 I 106882 OB/02/02 043290 CH6RI HULGAN GASOLIN& 010.9201.5608 13.28 � 306882 OB/02/02 043290 L7�RI HULGAN GASOLINE � 010.4201.5608 16.59 72.86 i � 106883 OB/02/02 103109 DONNA HUNHAM RBP.O/PM1'-1130 ASH ST 640.0000.9751 83.'/6 106BB3 08/02/02 103109 DONNA HUNHNI PREV.BAL-1130 ASH ST 640.0000.4751 35.63- t 106883 OB/02/02 303109 DONNA HUNHAM CLOSING BILL-1130 ASH ST 640.0000.9751 12.50- 35.63 f 1�6884 OB/02/02 043914 JOSSPH IANNEO SEXUAL ASSAULT-CAMPUS OFC 010.4201.5501 20.00 20.00 �` 106885 OB/02/02 102'!O1 INDOFF,INC. TAPE, TONER & CARTRIDGE 010.4211.5201 193.81 f 106885 08/02/02 102701 INDOFP,INC. EPSON PRINT6A AIBBONS 010.4120.5201 83.59 ZZ'7,qp ( � 106886 OB/02/02 095979 INT'L INSTIT.MUNI.CLERR 02/03 IIMC DI]ES-W6TMORE 010.4002.5503 120.00 120.00 rp t 106887 OB/02/02 103110 KARLENE IpSEN R6F.0/PMT-809 FOREST GLEN DR 640.0000.4'/51 137.69 ! VOUCHRE2 CITY OF ARROYO GRANDE PAGE 5 OB/02/02 15:39 VOUCHER/CHECK REGISTER FOR PERIOD 15 VOUCNER/ CHECX CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NOMBER DATE NOMBER NAME DESCRIPTION NOMBER AMOUNT AMOUNT 106900 08/02/02 056628 MID STATE BANK-MASTERCA TEEN ACAbEMY SUPPLIES 010.4201.5504 29.95 10690'/ OB/02/02 056628 MID STATE BANK-MASTERCA GASOLINE 010.920L 5608 23.42 306.36 106908 OB/02/02 056399 MIDAS MUFFLER & BRAKE BRAKE PADS/ROTORS-981 010.4201.5601 449.41 106908 OB/02/02 056394 MIDAS MUFFLER & BRAICE LOF/REPL TAIL PIPE-P25 010.4430.5601 158.50 609.91 106910 OB/02/02 057096 MINER'S ACE HAF2DWARE PLUN�ING SUPPLIES 010.9213.5604 13.10 1Ofi910 OB/02/02 OS"]096 MINER'S ACE HAFiDWARE PLOMBING SOPPLIES 010.9213.5609 4.90 106910 OB/02/02 OS']096 MINER'S ACE HAADWARE PAINT/BRUSH 640.4912.5604 11.]8 106910 OB/02/02 057096 MINER'S ACE HARDWARE BALL VALVES 010.4420.5605 15.53 106910 OB/02/02 059096 MINEA'S ACE HARDWARE PRUNER BYPASS FORGED 8" 010.4211.5293 10.'/l 106910 OB/02/02 057096 MINEA'S ACE HARDWARE EMRY FLOOD LIGHTS 010.4201.5604 38.59 106910 OB/02/02 057096 MINER'S ACE HARDWARE TISSUES/HDWE 010.4211.5255 9.91 106910 OB/02/02 OS]096 MINER'S ACE HAEtDWARE TRACER WIRE 690.4912.5610 92.39 106910 OB/02/02 OS]096 MINER'S ACE HPStDWARE TRACER WIRE 640.9712.5610 19.31- 106910 OB/02/02 OS"]096 MINER'S ACE HPTtDWARE FIRE NYDRANT PAINT/BRUSHES 640.9']12.5610 'J9J1 10691� �e/02/02 OS'J096 MINER'S ACE HPS2DWARE HEDGE SHEAA 640.4'J12.52"73 10.91 106910 08/02/02 05�096 MINER'S ACE HARDWARE WHEEL GRIND 010.4420.5605 6.92 106910 08/02/02 059096 MINEA'S ACE HARDWARE ELECTRICAL SUPPLIES 010.4213.5604 28.95 106910 OB/02/02 OS"l096 MINER'S ACE HARDWARE TAPE/METALLIC SPRAY/NOZZLE 220.4303.5613 51.60 106910 OB/02/02 057096 MINER'S ACE HARDWARE PAINTING S[]PPLIES 640.4712.5604 96.68 106910 OB/02/02 059496 MINEA'S ACE HARDWARE TAPE FLAG 640.4912.5255 1Z�� 106910 OB/02/02 059096 MINER'S ACE HARDWARE TOOL CADDY/CORD COIL 030.4305.5255 9.63 106910 OB/02/02 059096 MINER'S ACE HARDWARE HOSES-ELM ST 010.9920.5605 11."!e 106910 OB/02/02 059096 MINER'S ACE HAHDWARE HAND TOOLS 010.4211.5273 12.81 106910 OB/02/02 OS'/096 MINER'S ACE HAF2DWARE FLUOR.BULBS 010.4213.5604 4.2"1 106910 OB/02/02 �59096 MINER'S ACE HARDWARE BATTERY 640.4912.5255 4.28 1�6910 OB/02/02 459�96 MINER'S ACE HARDWARE HATTERY 010.4420.5605 6.90 306910 OB/02/02 OS"1096 MINER'S ACE HAR�WARE NOZZLE 4" BRASS TWIST 010.4213.5604 4.28 106910 OB/02/02 OS]096 MINER'S ACE HARDWARE PVC & HDWE 010.4420.5605 20.21 � 106910 OB/02/02 057096 MINER'S ACE HARDWARE PVC PIPE 010.4420.5605 3.'/3 106910 OB/02/02 057096 MINER'S ACE HARDWARE WATER MAIN TRACER WIAE 640.9']12.5610 63 J9 106910 OB/02/02 OS]096 MINER'S ACE HAE2DWARE FASTNERS 010.9920.5605 .82 53i 59 4 106911 08/02/02 099185 NEW LIFE COh➢NONITY CHUR REF.PARK DEP-NEW LIFE CONPi.CH 010.0000.4354 26.00 26.00 � 106912 OB/02/02 062322 ONE HOUR PHOTO PLUS COLOR PRINTS/DEVELOPING 220.4303.5255 8.98 8.98 � 106913 OB/02/02 062912 OACHAF2D SUPPLY HARDWARE BOBBLER/HOSES-P9 010.4420.5605 ]0.'/S "]0."!5 106914 OB/02/02 063960 PACIFIC BELL RADIO 010.9195.5403 186.40 1�6914 OB/02/�2 063960 PACIFIC BELL ALAF2M O10A211.5903 31.92 106919 OB/02/02 063960 PACIFIC BELL ALAFM 220.43�3.5403 31.92 106919 OB/02/02 06396� PACIFIC BELL ALARM 640.4910.5903 31.92 106914 08/02/02 063960 PACIFIC HELL ALARM 010.4211.5403 31.92 106914 08/02/02 063960 PACIFIC BELL PHONE 489-9816 010.4145.5403 52.09 � 106914 OB/02/02 063960 PACIFIC BELL 271-7480 7/7-8/6/02 010.4201.54�3 64.82 106914 OB/02/02 063960 PACIFIC BELL 489-986] 7/8-8/]/02 010.4201.5403 54.00 484.9"1 106915 OB/02/02 142995 PACIFIC BELL/WORLDCOM 489-21']9 5/1-6/'J 010.4201.54�3 . 29.08 ( 106915 OB/02/02 1�2995 PACIFIC BELL/WORLDCOM 4]3-2198 5/1-6/10 010.9145.5403 83."/8 E ' 1 I VOUCHRE2 CITY OF AAAOYO GRANDE PAGE 6 OB/02/02 15:39 VOUCHER/CHECK AEGISTER FOA PERIOD 15 VOOCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOIINT ITEM CHECK NOhIDER DATE NOMBER NAME DESCRIPTION NUhIDER AMOONT AMOUNT 106915 OB/02/02 102995 PACIFIC BELL/WORLDCOM 4]3-5100 5/1-6/10 010.4145.5403 ]85.96 106915 OB/02/02 102995 PACIFIC BELL/WORLDCOM 4]3-5141 5/1-6/10 010.4145.5403 935.'/B 106915 OB/02/02 102995 PACIFIC BELL/WORLDCOM 481-6944 5/1-6/10 010.9201.5403 131.25 1,465.85 106916 OB/42/02 064194 PACIFIC GAS S ELECTRIC ELEbBRISCO/LINDA CRO55 LT 030.4309.5902 20.98 1�6916 �e/02/02 064194 PACIFIC GAS & ELECTRIC STREET LIGHTING '1/02 010.4304.5402 15,033.38 15,054.36 10691] OB/02/02 103138 GEORGE OR TERRI PAGE REF.SC SOCCER CAMP-PAGE 010.0000.46�5 48.0� 98.00 106918 OB/02/02 102988 STEVE PARKER S/BALL LEAGUE SCORER-PARKER 010.4424.5352 45.00 45.00 106919 OB/02/02 300226 PEEK TRAFFIC TRAFF.COUNTER HATTERIES 220.9303.5255 198.65 1]8.65 106920 OB/�2/02 �66690 PITNEY HOWES POSTAGE SCALE MAINT 8/02-7/03 010.4101.5602 130.50 106920 08/02/02 066690 PITNEY BOWES POSTAGE EQUIP MAINT 8/02-']/03 010.4101.5602 553.50 684.00 106921 OB/02/02 068444 PROTO DIE MFG.INC. 9 CHIPPER BLADES 220.4303.5603 115.00 ll5.00 106922 08/02/02 1026]3 PULITZEA TPR SUBSCR-K.KOUeECK SR.VOL 010.4101.55�3 20.00 20.00 106923 OB/02/02 10311] RICR RAUB REF.S/BALL LEAGUE 0/CHG-RAUB 010.4424.5259 8.00 8.00 106924 OB/02/02 10312] HUBERT REDE REF.PARK DEPOSIT-H.REDE 010.0000.4354 26.00 26.00 106925 OB/02/02 0"/0590 RICHETTI WATER CONDITIO REV.OSMOSIS RENTAL-RICHETTI 010.4201.5604 15.00 15.00 106926 OB/02/02 103126 BETTY ROMEAO REF.PARK DEPOSIT-ROMERO 010.0000.9359 26.00 26.00 106927 08/02/02 091682 GREG ROSE S/HALL LEAGUE OFFIGG.ROSE 010.4424.5352 160.00 160.00 106928 �8/02/02 0]2638 S & L SAFETY PRODOCTS 4C5 WYPALL TOWELS/GLOVES 010.4420.%�5 318.26 318.26 106929 08/02/02 0]]024 ANN SARMIENTO S/BALL LEAGUE SCORER-SARMIENTO 010.4424.5352 142.50 142.5� 1a693a OB/02/02 102909 MARK SCHAFFER S/BALL LEAGUE UMP-SCHAFFER 010.4924.5352 128.00 128.aa 106931 OB/02/02 0"/]532 ALLEN SCHOFIELD ELECTRI REPR LIGHTING-PORTER 010.4430.5303 390.00 390.00 106932 OB/02/02 098156 SEBASTIAN OIL DISTRIB. DIESEL FOEL �10.421L 5608 228.58 106932 OB/02/02 098156 SEBASTIAN OIL OISTRIB. GASOLINE 9/1-9/15/02 01�.420L 5608 1,392.32 1,600.90 106933 OB/02/02 098662 SEQUOIA PACIFIC SYSTEMS ELECTION FORMS 010.4002.5506 26.1"] 26.19 106939 OB/02/02 0"]3866 SLO CNTY AIR POLL[TTION EQUIP.PERMIT RENEWAL 010.4305.5303 259.99 259.44 1�6935 OB/02/02 100309 SMITH PIPE & SUPPLY 4-HUNTER 1-25 POP-UP 010.4420.5605 11'].2'/ ll].2] 106936 08/02/02 080340 SNAP-ON TOOLS CORP TIRE INFLATER/GAUGE 010.9305.5293 81.46 106936 OB/02/02 080340 SNAP-ON TOOLS CORP BIT WRENCH, PLIERS 010.9305.5293 108.96 190.22 106939 OB/02/02 080886 SOOTHERN A[TTO SOPPLY BATTERY-PW34 690.9"/12.5601 93.41 l VOUCHAE2 CITY OF AAROYO GRANDE PAGE 0 OB/02/p2 15:39 VOQCHER/CHECK REGISTER FOR PERIOD 15 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECR NOMBER DATE NOhffiER NAME DESCRIPTION NOMBER AMOUNT AMOUNT 10693] OB/02/02 080886 SO[TTHERN AUTO SUPPLY WATER PUMP-87 MAZOA PU 010.4212.5601 52.95 125.86 106938 OB/02/02 081432 HOB SPEAR 5/HALL LEAGUE UMP-B.SPEAR 010.9924.5352 8�.00 8�.00 106939 08/02/02 082134 STATEWIDE SAFETY & SIGN CROSS PIECES/CAPS 220.4303.5613 481.81 106939 08/02/02 082134 STATEWIDE SAFETY & SIGN NO PARKING SIGNS-EL CAMPO 220.4303.5613 38.13 519.99 106940 OB/02/02 082328 STERLING CONP'fONICATIONS REMOTE SPEAKER MIC HT SERIES 010.9201.56�6 ']'!.'/6 106940 OB/02/02 082328 STERLING COMMUNICATIONS HATTERIES 010.4211.5603 6v.80 106990 OB/02/02 082328 STERLING CONMRINICATIONS REMOVE CELL PHONE FROM PW24 640.4712.5601 38.00 183.56 106991 -08/02/02 082036 STREATOR PIPE 6 SUPPLY 4 ROLLS SANDCLOTH 640.4]12.5610 21.30 21.30 106942 OB/02/02 083100 SUN BADGE CO. MEDAL OF VALOR/MEDAL OF MERIT 010.4201.5255 5�8.89 508.89 106943 OB/02/02 083382 SUPERIOR QUALITY COPIER MAINT CONTR-PANASONIC FP-7160 010.4201.56a2 1,843.53 106943 OB/02/02 083382 SUPERIOA QUALITY COPIER 02/03 MAINT AGAEE-PANASONIC 010.4102.5602 2,524.]2 106993 OB/02/02 083382 SUPERIOR QUALITY COPIER 02/03 MAINT AGREE-GESTETNER 640.4910.5602 204.95 106943 OB/02/02 083302 SUPERIOR QOALITY COPIER 02/03 MAINT AGREE-MITA DC1205 010.4120.5602 300.00 106993 OB/02/02 083382 SUPERIOR QUALITY COPIER TONER CARTRIDGES-PANASONIC FAX 010.420L 5201 993.30 106993 OB/02/02 083382 SOPERIOR QUALITY COPIER MAINT.AGREE-PANASONIC COPIER 010.4301.5602 621.�0 5,98"].30 106994 08/02/02 083420 SYLVESTER'S SECURITY AL REPR ALARM SYSTEM-CORP YARD 690.9912.5604 195.00 195.00 106945 a8/02/02 084084 TAYLOR'S TONE-UP SHOP TONE-UP/REPR.STARTER-P25 010.4430.5601 268.30 268.30 106946 08/02/02 102'/85 TEMPLETON UNIFORMS CADET UNIFORM-RIOS 010.42015255 260.59 260.5'/ 106999 OB/02/02 102318 DENNIS TNURMAN S/BALL LEAGUE OFFIC-THURMAN 010.4929.5352 96.00 96.00 106948 OB/02/02 102244 TITAN INDUSTRIAL BATTERIES � 010.9201.5255 139J] 106948 08/02/02 102244 TITAN INDUSTRIAL WIPES/SANI-CLOTH DISP CLOTH 010.4201.5292 259.61 106948 OB/02/02 102244 TITAN INDUSTRIAL LENS STATION/MUFF/NYDRO CREAM 010.4420.5255 49.55 106948 OB/02/02 102294 TITAN INDUSTRIAL SUNSCREEN 010.4420.5255 116.90 106948 OB/02/02 102299 TITAN INDU5IRIAL AIR HOSE/COUPLER/WELD ROD 010.4305.5255 39.39 106998 OB/02/02 102249 TITAN INDOSTAIAL PAINT/WELDING GOGGLES 010.4305.5255 66.39 664.56 � 106949 OB/02/�2 086346 TROESH AEADY MIX SAND SLURRY-FIAE HYD.RELOC. 690.9712.5610 441.98 106949 08/02/42 a86346 TROESH READY MIX CONCRETE � 220.4303.5613 5"13.06 106949 OB/02/02 086346 TROESH READY MIX WNCRETE 220.4303.5613 923.22 1,938.06 106950 OB/02/02 103118 RAUL UC REF.YOUTH WREST.REGISTR-UC 010.4424.5259 10.00 10.00 106951 OB/02/02 103128 KRISTEN UGSANG REF.C/B DEP-UGSANG 010.0000.2206 250.00 106951 08/02/02 103128 KRISTEN UGSANG LE55 BLDG SUPERVISION-OGSANG 010.0000.4355 1]5.50- 94.50 106952 OB/02/02 089292 ULTRA-CHEM, INC BLDG MAINT.SUPPLIES 010.4213.5604 "]69.91 ']64.91 106953 OB/�2/02 08"16"l2 ONITED RENTALS PROPANE-PW41 220.4303.5603 48.00 106953 OB/02/02 4896]2 ONITED RENTALS RENTAL HYDft.TEST-POPLAF2/ASPEN 690.4"/12.5552 53."]3 106953 OB/02/02 0806]2 UNITED RENTALS SACK HAIM1ER POINT 220.4303.5603 34.21 � VOOCHRE2 CITY OF ARROYO GRANDE PAGE 8 08/�2/02 15:39 VOUCHER/CHECR REGISTER FOR PERIOD 15 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK N[ID16ER DATE NOMHEA NAME DESCRIPTION NOhIDER AMOUNT AMOUNT 106953 OB/02/02 08"l692 UNITED RENTALS ALi1MINUM HANDLE 220.4303.5293 50.59 106953 OB/02/02 08]692 UNITED RENTALS ALUMINUM HANDLE 220.4303.5273 16.06- 169.65 106954 OB/02/02 088826 PEGGY VALKO SODAfER ART CLA55-VALKO �10.4929.5351 131.20 131.20 106955 OB/02/02 103125 PEDRO VARGAS REF.PAAK DEPOSIT-VARGAS 010.0000.4354 83.00 83.�a 106956 OB/02/02 10200'/ VERIZON WIAELE55 CELL PHONE 010.4211.5403 33.46 106956 08/02/�2 10200'/ VERIZON WIAELE55 CELL PHONES-P.D. 6/02 010.9201.5403 319.28 106956 �8/02/02 10200'1 VERIZON WIRELESS CELL PHONES-P.D.PATROL CARS 010.9201.5403 118.43 106956 OB/02/02 142009 VERIZON WIRELESS MOTOR CELL PHONES ]/17-8/16/02 010.420L 5903 "14.99 106956 08/02/02 10200'] VERIZON WIRELESS CELL PHONE 959-']020 010.4101.5403 32.92 106956 OB/02/02 10200'/ VERIZON WIRELESS CELL PHONE-SHEELY 284.4103.5403 38.66 106956 OB/02/02 10200"] VERI20N WIRELESS CELL PHONE-M.CHAVEZ 010.4430.5605 29.'JS 106956 OB/02/02 10200� VERIZON WIRELE55 CELL PHONE-P4R DIRECTOR TO 9/'] 010.4421.5602 46.1� 106956 OB/02/02 10200"/ VERIZON WIRELESS CELL PHONE-PAF2KS SUPERVISOR 010.4421.5602 15.5'/ 902.21 10695'J OB/02/02 101866 VERIZON WIAELE55 MESSAG PAGER SERVICE 010.9211.5403 29.59 10695"/ OB/02/02 101866 VERIZON WIAELE55 MESSAG PAGER SERVICE 010.9211.5903 28.52 58.11 106958 �B/�2/02 �90480 WAYNE'S TIRE 013 L/0/F/WIPERS 010.4201.5601 51.39 106958 OB/02/02 090480 WAYNE'S TIRE 021 TIRES/L/O/F/WIPERS 010.4201.5601 326.55 106958 OB/02/02 090480 WAYNE'S TIRE O11 TIAES/L/0/F/WIPERS 010.4201.56a1 189.9"] 106958 OB/02/02 090480 WAYNE'S TIRE 014 L/0/F/WIPERS 010.4201.5601 51.39 106958 OB/02/02 090980 WAYNE'S TIRE LOF P56 010.4420.5601 23.61 639.91 106959 OB/02/02 100931 WILLAF2D PAPER CO PAPER 010.9102.5255 410.23 106959 OB/02/02 100431 WILLARD PAPER W ENVELOPES/PAPER 030.9102.5255 438.49 898.72 106960 O8/02/02 103103 WYNDHAM RESIDENCE REF.LIVE SCAN CHG-WYNDHAN RES 010.�000.4931 66.00 66.00 106961 OB/02/02 101260 SENNIFER WYSONG S/BALL LEAGOE SCORER-WYSONG 010.4424.5352 90.00 9o.oa 106962 08/02/02 102130 XESYSTEMS,INC MAINT AGREE-XEROX FSMA 2510 010.4301.5602 180.00 180.00 4 TOTAL CHECKS 58,155.86 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 9 ' 08/02/02 15:39 VOUCHEA/CHECK REGISTER I FOR PERIOD 15 FUND TITLE AMOUNT O10 GENERAi. FUND 4],164.83 220 STREETS FUND 2,694.52 250 CDBG GRANT FUND 500.00 284 REDEVELOPMENT AGENCY FUND 38.66 350 CAPITAL IMPROVEMENT FUND 2,800.00 690 WATER FUND 4,959.85 TOTAL 58,155.86 • � ATTACH:NENT 4 VOUCHAE2 CITY OF AAROYO GRANDE PAGE 1 OB/06/02 11:93 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOOCHER/ I CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECR NUMBER DATE NOMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 1069�5 OB/OB/02 018330 CA.ST.DEPT.OF NSTICE FINGERPAINT CHECKS 010.4425.5315 162.�� 1069"/5 OB/OB/02 018330 CA.ST.DEPT.OF JUSTICE� F/PAINT CK-PD-PROSKEL 010.4201.5329 64.00 1069"!5 08/OB/02 010330 CA.ST.DEPT.OF JOSTICE FINGERPRINT CHECKS 010.4201.5329 996.00 1,022.00 1069]6 OB/�8/02 024832 COh➢MONICATION SOL[TTIONS LEVEL TRANSDUCER-RE5.3 640.4A2.5609 86].0"] 869.0] 10699'/ OB/OB/02 099192 JOYCE SAROWATARI REIMH.S[]PPLIES-SARUWATARI 010.4423.5253 2'/.8"] 29.90 106908 OB/OB/02 1022�a SOFTCHOICE COPR. MS PROS 2002 STANDARD LICENSE 010.4301.5201 39].90 39"].90 1069]9 OB/OB/02 090246 JONN WAI,LACE S ASSOC GENERAL CONSULTING SVCS 010.4301.5303 5,'129.51 1069"]9 OB/OB/02 090296 JOFW WALLACE 6 ASSOC. HTNCHO GRAND PARK 350.5512.9301 256.50 1069"]9 OB/OB/02 090246 dOFIId WALLACE & ASSOC. CREEKSIDE PATH-PH II 350.5609.9501 5,513 J9 1069'/9 OB/OB/02 090246 JOFIN WALLACE & ASSOC. OAK PARK BLVD WIDENING 350.5609.9301 1,531.56 106999 OB/O8/02 090246 JOHN WALLACE fi ASSOC EL CAMPO/AO[TTE 101 PSR 350.5616.]301 105.50 1069'/9 OB/08/02 090246 JONN WALLACE S ASSOC SPRUCE STR.SIDEWALKS 350.5641.]501 1,590.0� 106999 a8/OB/02 090246 JOHN WALLACE & ASSOG TAAFF.WAY BRIDGE RAIL REPL 350.5699.9501 52.5� 1069]9 OB/08/02 090296 JOHN WALLACE fi ASSOC CEDAF2 ST SIDEWALKS 350.5646.0501 1,645.54 1069'/9 OB/OB/02 090246 JOHN WALLACE 6 ASSOC. MARCH 2O01 STORM DAMAGE 35�.5649.]301 113.]5 1069'/9 OB/OB/02 090246 JOHN WALLACE & ASSOC GRAND AVE, PHASE III 350.5812.9501 3,833.25 106999 08/OB/02 �90246 JOHN WALLACE & ASSOC. AESERVOIR NO 1 REPLACEMENT 350.5903.9501 382.50 20,959.4� TOTAL CHECKS 23,�69.29 �k E � �I tt i f ! 1 R � i{ t �( f I VOUCHRE2 CITY OF ARROYO GRANDE PAGE 2 OB/06/02 11:43 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE pMOUNT O10 GENERAL FUND '1,17'].28 350 CAPITAL IMPROVEMENT FUND 15,024.89 640 WATER FUN� B6'].0'] TaT�+ 23,069.24 f � $ `l E f I i ATTACH:,1Ei1T 5 �� VOUCHRE2 CITY OF AAAOYO GRANDE PAGE 1 OB/OB/02 16:19 VOUCHER/CHECA REGISTER FOR PERIOD 15 � VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NOhffiER DATE N[1MBER NAME DESCRIPTION NUMBER AMOUNT AMp[J{�1' 1�6980 08/09/02 000234 A & R WELDING SUPPLY OXY 5 ACET GASES 010.4305.5303 19.00 14.00 106981 OB/09/02 101910 B6W MGMT-LOVETT/ABNEY REF.O/PMT-231 WHITELEY 640.0000.4951 155.14 106981 OB/09/02 101410 B&W MGMT-LOVETT/AHNEY CLOSING BILL-231 WHITELEY 640.0000.4951 19.40- 106981 08/09/02 101410 B6W MGMT-LOVETT/ABNEY PREV.BAL-231 WHITELEY 690.0000.4951 69.8]- 69.8] 106982 OB/09/02 009'/50 BRENDA eARROW REIMB PLAYGRND S[IPP-BARROW 010.4422.5256 5'/.'/4 106982 OB/09/02 009950 BRENDA BARROW REIMB R.GDE GRND BRK SUPP-BAAA 010.9929.5252 20.0] 99.81 106983 08/09/02 101810 BASIC CHEMICAL SOLVLION SODIUM HYPOCHLORITE 640.4A2.5274 2']9.10 � 106983 OB/09/02 101810 BASIC CHEMICAL SOLUTION SODIUM HYPOCHLORITE 640.4912.52']9 289.83 568.93 106984 OB/09/02 143144 LEE BECKSTROM REF.SOCCER CAMP-BECKSIROM 010.0000.4605 61.00 61.00 k t �{ 106985 OB/09/02 103149 EDNA BOSCH REF.PARK DEP-BOSCR 010.0000.4354 26.00 26.00 ` 106986 OB/09/02 013026 BAISCO MILL 5 Li1MBER ROLLERS 220.4303.5613 22.69 22.69 � 10698] OB/09/02 101931 BURDINE PRINTING CONPiONITY PROFILE BROCHURES 289.9103.5505 6]9.]8 699.98 1�6988 O8/09/02 021]62 CENTRAL COAST PRINTING PROCLAhV�TION FOLDERS 010.4101.5201 1,435.54 � 106988 OB/09/a2 021762 CENTRAL COAST PRINTING PROCLnMATION REPRINTS 010.4101.5201 3,506.11 4,991.65 � i 106989 OB/09/02 024832 CONMIUNICATION SOLUTIONS SCADA SYST.AGREE-WELL ]&8 350.5908.9002 8,084.80 8,"184.80 , 106990 OB/09/02 026286 CREEK ENVIRONMENTAL LAB WTR SAMPLE-E.VILL.PLAZA-MAIN 690.9�1�.5310 ]0.00 � 106990 OB/09/02 026286 CREEK ENVIRONMENTAL LAB WATER SAMPLE-S.ELM MAIN 640.4910.5310 15.00 - 106990 OB/09/02 026286 CREEK ENVIRONMENTAL LAB WATER SAMPLE-AVE DIAM.MAIN 640.4]10.5310 15.00 100.00 � � 106991 OB/09/02 026832 CUESTA EQUIPMENT CO 6° LAYFLAT HOSE-PW4 612.4630.5603 29.99 29.49 � 106992 OB/09/02 103145 LORI DAVIS REF.WTR DEP-DAVIS 640.0000.2302 18�.00 1�6992 O8/09/02 143145 LORI DAVIS CLOSING BILL-845 WILLOW 690.0000.4751 9.86- 106992 OB/09/02 103195 LORI DAVIS PREV.BAL-845 WILLOW 64�.0000.4751 91.26- 100.88 �'� 106993 OB/09/02 028548 DAYSTAR INDUSTRIES STREET SWEEPING 220.4303.5303 2,539.80 � 106993 OB/09/02 028598 DAYSTPS2 INDUSTRIES JULY STREET SWEEPING 010.9303.5303 3,9]2.51 6,512.31 106999 OB/09/02 103146 SOSEPH DONA REF.PARK DEP-DONA 010.0000.9359 26.00 26.00 �'�. 106995 OB/09/02 103190 EDA POPLAR SIREET BASIN (PR) 010.4101.5303 6,325.00 6,325.00 ' 106996 OB/09/02 �32058 NADINE ELLIOTT MILEAGE REIhffi-ELLIOTT 010.4921.5501 13.8� 13.80 � 10699] p8/09/02 303152 DOUGLAS & PATRICIA FAIR REF.MINOR EXCEPT-655 CROWN HIL 010.0���.4514 259.00 25'/.00 �� 106998 OB/09/02 101399 FERGUSON ENTERPRISES,IN 8" TEE/3" FITTINGS-R.GRNDE PK 350.5512.9001 313.41 313.41 I 106999 OB/09/�2 1�1924 J.A. FISCHER,INC. UNLEADED GASOLINE 010.0000.1202 12,885.06 12,085.06 � 10'/000 OB/09/02 035802 FRNSK'S LOCK & KEY INC PADLOCKS-RES.1-5 640.4]12.5255 325.96 325.% � VOOCHRE2 OB/08/02 16:19 CITY OF ARQOYO �ppppE VOUCHER/CHECK REGISTER PAGE 3 FOR PERIOD 15 VOUCHEA/ CHECK CHECR VENDOR yg�QR N�LM�BER DATE NUh�ER ITEM `V� ACCOUNT DESCRIPTION ITEM NDMBER CHECK 10�013 OB/09/02 101'I50 OFFICEMpg ���T 1�7013 OB �EDIT p� AMOONT /09/02 101950 OFFICEMAg OFFZCE SUPpLIES . CREDIT p1,pp OFFICE SOPpLIES �1��4120.5201 181. ]� 309019 OB/09/02 062712 ORC a10.412p.5201 yp.RD SUpPLY 53,66 235.43 NARDWARE PADLOCK/PIpE COT'TEAS 10'/015 08/09/02 069199 PACIFIC GpS fi 690.9']12.5293 35.3'I 35.39 109015 OB/09/02 ELECTRIC ELEC7R1� 064199 PACIFIC � g ELECTRIC ELECTRIC 010.4304.5402 109015 OB/09/02 064199 PACIFIC 1,949.55 109015 OB 09 02 � & ELECTRIC ELECTAIC 640.4912,5402 � / 064194 PACIFIC 59Z 19 10]O15 OB/09/pz 064194 � � ELECTRIC ELECTAIC 640,4711.5402 PACIFIC GAS ZZ�204.3"/ 109015 OB 09 & ELECTRIC ELECTRIC 61z.9610.5402 / /02 064194 PACIFIC GAS & 1,695.69 10'/015 OB 09 02 ELECTRIC ELECTRIC 010.9195.5401 � � 06419g ppCZFIC GAS S ELECTRIC 9,386.01 ELECTRIC Z1�.9960.5355 ' ].29 10')016 OB/09/02 010.4309.5402 ! 103154 p 51.14 35,871.29 1�'/016 OB/09 02 �TI�M PLUS FOR H[1SIN GASpLINE �� � 103154 PI,pqIM� pLUS FOR BUSIN IACP CONF REGISTR 10"l016 OB/09/02 103159 p . O1D.4201.5608 . 23.69 �TIPOh1 PLUS FOR BUSZN LONCH W/LEGISLpT2VE ADVOCpTE �10.4201.5501 10'1016 08/09/02 103159 pI„yTIp�+ P 325.00 107016 08/09/02 103159 p LUS FOR HUSIN GASOLINE �1��4201.5501 �TIN�M PLUS FOR BUSIN T 33.31 107016 08 09 010.4201.5608 � ��Z 103154 p �VEL MEAI, zg gy �I+TIN[n9 PLUS FOR BUSIN MApI1Ll,p EP1yELOPES �l�'4z�1.5501 95.96 10']O1] 08/09/02 1026']3 p �1��4201.5201 ULITZER 15.42 4'/2.17 TPA S[1BSCR 010.9921.5201 109018 OB/p9/pz 100143 QOAGLINO ROOFZNG Z0.00 RE-ROOF pERMIT- z0.00 231 ORO DR 010.0000.9188 10]019 OB/p9/02 102975 AINCON CONSUI,Tp[dTS,INC. EIR CONSUI,TAA*CS �5.00 ]5.00 10]019 08/09/02 102995 RINCON CONS[I[,TANTS,INC. �ITy 10�019 O10.0000.2q�5 OB/09/02 102975 RINCON CONSUI,TANTS,INC. DEVELOPER DEP ACCT-EIRCRINWN �'�53.20 O10.0000.g518 1,162.98- 01�.0000.24]5 307p2p OB/09/02 103149 TONy SIMONICH 1,162.98 �,�s3.zo AEF.Ppgg DEP-SIMONICH 30'/021 08 09 02 �1���000.4354 � / 103151 TOM SOLA z6.00 26.00 REF.PpgxZNG CITE-SOLA 30']022 08/09/02 p80886 010.0000.4203 SOUTHERN AUTO 30.00 30.00 10]022 08/09/02 080886 gp�.HE� SUPPLY WELDING LENS AOTO SUPPLY 1/Z�� DRIVE SOCKET 690'9�1Z'S293 107022 �8/09/02 OB0886 SOUTqERN AOTO SUPPLY 11.89 HOSE CLpMpg_ 690.9712.52]3 107022 OB/49/02 080886 SOUTHERN PW 51 5.84 A[Tl0 SUPPLY 612,4630.5603 109022 pe/09/02 080886 SOUTHERN TIRE CLEANER 3.89 L07022 p8 09 02 A�TO SUPPLY TOOL HOX SHOCKS-p{� 3y 640.4912,5601 � � 080886 SOOTHERN AUTO 9.63 S�pPLY 1�9" RACHET DRIVE 640.4912.5601 l0]022 OB/09/02 080886 SOUTHERN 4Z.88 A[Tf0 SUPPLY 640.4912.5273 .09022 OB/09/02 080886 SOUTHERN WATER NOZZLE 15.00 0]022 OB 09 02 A�TO SUPPLY WATER NOZgLE EXCApg�g 010.4305.5603 � / 080886 SO[ITHERN p 31.68 0'/022 OB 09 02 �T� SUPPLY STARTZNG FLUID �10.4305.5603 � / 080886 SOUTHERN 4.95- AOTO SUPPLY VIHRO ENGRpVEA 010.4305.5255 13.41 010.9305.5273 � 19023 OB/09/02 082836 STREATOR PIpE 6 SUPPLY 39��� zz3.8] 3" PVC PIPE 7024 OB/09/02 101932 5 350.5512,]001 9.09 9.09 T�En'T TRANSPORATION SUhA1g(y TRpp�gp_AEC PROG ]025 08/09/02 102825 010.9425.5303 1,203.']5 1,203.]5 MARY SUI,LIVH[.1 REF.PpgK DERSULLIVAN 010.0000.9354 ��Z6 OB/09/02 089162 z6.00 26.00 ERZN TAYLOR D.A.R.E. SUPPLIES-TAYLOR 010.9201.5504 31.00 31.00 E i VOUCHRE2 CITY OF ARROYO GRANDE PAGE 5 I S1 OB/OB/02 16:19 VOUCHER/CHECK REGISTER `. ( FOR PERIOD 15 � FUND TITLE �D�T � O10 GENERAL FIINI] 54,684.'/'/ 4 21"/ LANDSCAPE MAINTENANCE DI5IRICT '/.29 t( 220 STREETS FO[�D 2,592.96 � 284 REDEVELOPMENT AGENCY FUND 679.]8 350 CAPITAL IMPROVEMENT FOND 10,636.29 612 SEWER FUND 1,'/49.60 640 WATER FUND 25,509.07 TOTAL 95,854.26 ATTZ1CIi.MENT 6 . CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 07/19/02 -08/01/02 08/09/02 FUND 010 285,211.87 Salaries Full time 166,801.61 FUND 220 13,143.29 Salaries Part-Time- PPT 27,166.22 f FUND 284 6,079.88 Salaries Part-Time -TPT 14,901.97 � FUND 612 5,097.89 Salaries OverTime 12,173.35 � FUND 640 12,916.71 Salaries Standby 361.50 322,449.64 Holiday Pay 5,745.61 Sick Pay 4,861.18 Annual Leave By Back - Vacation Buyback - Sick Leave Buyback - � Vacation Pay 10,801.89 � Comp Pay 5,099.99 ; Annual Leave Pay 6,026.30 � PERS Retirement 18,271.50 j Social Security 17,764.05 � i PARS Retirement 420.65 ( State Disability Ins. 809.03 d Health Insurance 24,975.15 i Dentallnsurance 3,946.89 Vision Insurance 875.15 ; Life Insurance 572.60 ' Long Term Disability - i Uniform Allowance - I Car Allowance 400.00 Council Expense 375.00 Employee Assistance 100.00 I Boot Allowance - ; Motor Pay - 322,449.64 i i i : I i i f 8.b. ' i o� Paaoyoc ' � � WCORPONATEO 92 MEMORANDUM C1 T # Nlr to, tBN * � c4�lFORN�P { TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICE� � SUBJECT: CASH FLOW ANALYSIS/APPROVAL OF INTERFUND ADVANCES FROM THE WATER FACILITY FUND DATE: AUGUST 27, 2002 RECOM M ENDATION: It is recommended the City Council: • Accept the July 2002 cash report, • Approve the interfiund advance of$633,930 from the Water Facility Fund to cover cash deficits in other funds as of July 31, 2002. FUNDING: No outside funding is required. Attachment A— Cash Balance/Interfund Advance Report I J P , ATTACHMENT A CITY OF ARROYO GRANDE CASH BALANCE/INTERFUND ADVANCE REPORT At July 31, 2002 Balance at Recommended Revised Fund Advances Balance O10 General Fund 2,419,923 2,419,923 210 Fire Protection Impact Fees 125,443 125,443 212 Police Protection Impact Fees 23,411 23,411 213 Park Development 460,809 460,809 214 Park Improvement 58,409 58,409 215 Recrea[ion Community Center 4,167 4,167 217 Landscape Maintenance 3Q735 30,735 220 S[reet(Gas Tax)Fund 153,923 153,923 221 Traffic Congeslion Relief 36,638 36,638 222 Tr�c Signalization 539,824 539,824 223 Trattic Circulation 476,445 476,445 224 Transportation Facility Impact 1,938,048 1,938,048 225 Transporta[ion 71,208 71,208 226 Water Neutraliza[ion Impact 494,858 494,858 230 Construction Tax 241,640 241,640 231 Drainage Facility 17,938 17,938 232 In-Lieu Affordable Housing 637,215 637,215 241 Lopez Facility Fund 894,162 894,162 250 CDBG Fund 1,020 1,020 271 State COPS Block Grant Fund 3,070 3,070 272 Calif Law Enf Teclmology Grant 35,826 35,826 279 00-01 Fed Local Law Enforcement Grant 5,209 5,209 284 Redevelopment Agency (83,382) 83,382 0 285 Redevelopment Set Aside 56,219 56,219 350 Capital Projects (52Q033) 520,033 0 612 SewerFund (30,515) 30,515 0 634 Sewer Facility 138,436 138,436 640 WaterFund 2,792,290 (633,930) 2,158,360 641 Lopez 588,358 588,358 642 Wa[er Facility 1,210,533 1,210,533 751 Downtown Parking 43,405 43,405 760 SanitationDistrictFund 92,104 92,104 Total Ciry Wide Cash 12,957,336 0 12,957,336 Tf�ABOVE LISTING ARE Tf�CASH BALANCES SHOWN IN Tf� GENERAL LEDGER II OF Tf� CITY OF ARROYO GRANDE AS OF NLY 31, 2002 nda K. Snodgrass Director of Financial Sen�ices I S.c. � � � piiROy� � �� �`NI�C�O'H�VO.R�AaTED y2 MEMORANDUM C� �YT�. T } JULY 10� 1V11 * c4<<FOaN�P TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICE� � SUBJECT: ANNUAL REPORT — FISCAL YEAR 2001-02 CASH ACTIVITY IN TRANSPORTATION FACILITIES DEVELOPMENT IMPACT FUND DATE: AUGUST 27, 2002 RECOM M ENDATION: It is recommended the City Council accept the annual report of Transportation Facilities Development Impact Fund cash activity and ending cash balance at June 30, 2002. FUNDING: No outside funding is required. DISCUSSION: Section 6 of Resolution 3021, Attachment B, requires that within sixty days of the close of each fiscal year, an accounting of the Transportation Facilities Development Impact Fund shall be made available to the public. Resolution 3021 requires the cash balance to be reported within sixty days of the close of the fiscal year, several months before the City's annual audit is complete. The firm of Moss, Levy & Hartzheim, CPA's completed the Fiscal Year 2000-01 independent audit on November 16, 2001, three months after the issuance of the Cash Activity Report. Therefore, to present a complete picture of the cash activity in this fund, a reconciliation from the Fiscal Year 2000-01 Cash Activity Report (reported August 14, 2001) and the independent audit balance is presented at the top of the Attachment A. This reconciliation to the audit shows a decrease to the Transportation Development Fund of $3,411, which resulted from changes to the funding of capital improvement projects at year-end. After last year's cash report was presented to the City Council a review of revenues and expenditures in the capital improvement program showed the Fund contributed an additional amount toward capital projects. The funding for Brisco Road/101 Interchange Study was increased by $4,270, which was offset by an $859 reduction in the funding of the Oak Park Widening Project. Attachment A reports the cash balance as of June 30, 2001, audit adjustments, audited balance, cash collected and disbursed during the 2001-02 Fiscal Year, and the ending unaudited cash balance at June 30, 2002. � CITY COUNCIL TRANSPORTATION FACILITIES DEVELOPMENT REPORT AUGUST 27, 2002 PAGE 2 ALTERNATIVES: The foliowing alternatives are provided for City council consideration: - Approve staff recommendation and accept the annual report; - Deny staff recommendation and decline the annual report; - Modify staff recommendation and approve; - Provide direction to staff. Attachments A= Report of Cash Activity and Ending Unaudited Cash Balance B — Resolution No. 3021 i � ATTACHMENT A CITY OF ARROYO GRANDE TRANSPORTAT/ON FACIUT/ES /MPACT FEE FUND � REPORT OF CASH ACTIVITY AND ENDING UNAUDITED CASH BALANCE AT J U N E 30, 2002 � f F Reconciliation to Audit: ! Cash Balance at July 1, 2001 $1,714,475 � 2000-01 Audit Adjustments (3,4111" f � Audited Cash Balance as of July 1, 2001 �1,711,064 � 2001-02 Cash Activitv: I Collections, 2001-02 Fiscal Year Interest Income $ 261,625 Facility Impact Fees 48,434 ; 4 Total Revenues 310,059 � Disbursements, 2001-02 Fiscai Year (238,391) � i Ending Cash Balance, June 30, 2002 1.782.732 " Audit Adjustments: ; The 2000-01 report was filed before the independent audit was completed. The audit ' adjustments to expenditures are as follows: Adjustments to funding of capital improvement projects: ; Brisco Road /101 Interchange Study $ 4,270 Oak Park Widening Project (859) ' Total increase in expenditures 411 ' i � ATTACHMENT 6 RGSOLUTION NO. 3021 " A RESOLUTION OF TIIE C1TY OI' ARROYO GRANDE SE"ITJNG PORTII TIIE AMOUNT OF PUI3LIC FACILITX IMPAC'� FErS �VfIEREAS, Ordinance No. 461 C.S. of the City of Arroyo Grande estaUlishes trarisportation facility impact fees and provides for tlie setting of fee amounts by resolution of the City Council; and, WIIEREAS, the City has conductecl a study whicli estimates the costs of public facilities needed to maintain the existing level of pub(ic services to existing and future residents and businesses in the City of Atroyo Grande, which is attacfied hereto as Exliibit "A" and whicli is hereby incorporated herein by reference; and, WIIEREAS, pursuant to Ca(ifomia Government Code Section 66016, said study has been � availaUle for public inspection and review at least len (10) days prior to a public hearing held t on this matter and public notice was provided fourteen (14) days prior to U�e public liearing; i and, � WIIEREAS, pursuant to Cali(ornia Government Code Section 66017, this resolution shall become effective sixty (60) days from the passage of Ordinance 961 Cs. NOW, TFIERErOR�, the City Council of the Cily of Arroyo Grande finds and resolves ; LhaL• � � Tindines: a. The purpose of transportation facilities impact fees is to protect the public health, safety and welfare by maintaining the existing level of public services for ezisling and future , residenls and businesses within the City of Arroyo Grande, and to pay for U�e cost of providing such facili[ies. - b. 7'he fees collected pursuant to this resolution shall be used only to pay for public facilities identified in Exhibit "A" pursuant to Ordinance No. 461 C.S. c. There is a reasonable relationship between the types of development on wliicii (ees a�e imposed and the purpose for which such fees will be used. • 2 Cost Eslimates: The estimated costs of public facilities to be funded with the fees established by this resolution are set forth in atlached Exhibit "A". If the aclual or estimated cost of public facilities, as identified and shown in altachecl Exhibit "A" should change, lhe City Manager sliall review the fees to determine whether such fees are still adequate. If the fees should be changed, the City Manager shall recommend to the City Council a revised fee schedule be adopted by resolution. 3. Amount of Fees: a. The amount of the public facility impact fees shalt be as set forlh in a[tached Exhiblt ,�B � b. The Standard Industrial Classi(ication Manual (S1C) shall be used to interpret land use categories, when it is unclear. _ EXHIBIT "A" Table 1 Transportation System Improvement Plan � Eatimeced Othar Arroyo Grande Arroyo Grande � improvamant Oexripqan .Cost Aqenciee . Percentepa Cast Priorlty � Involved7 Wden Brlaeo Raed undarcrosttn0 l2,000,000 No � 100% 32,00p,000 1 ElCaminoReel-Briacoto lSlO,p00 � Na 100% 5510,000 Ha�eyon; widen to four lenas . 1 We�tBrenchStraat-41enelrom 11,690,000 No 100� 31,690,000 Oek Park ta BAsca ... 1 ' Wert 9ronch Stroat-5�ene from l740,000 No 100% 3740,OOp f BrGca to Grend Ave. � 5 i Oek Perk Roed-Widan to 4 l7fi0,000 Grover Beech 50% l390,000 �� lenea Grend Ave, to 1p1 5 j HuesneRoed/227-Slpnelize 1120,000 ' interaeetion � Caunty. 33°; l39.600 5 ' Celltena �- BrenchSt,l�re(flcWay- l736,000 No 100% l738,000 �� reeonRpure Inteneetian Includinp � : rainted improvemanb Trelfie Wey/Feir Oeka-aiQnelite !120,000 No 100% !120,000 Intaroection Includlnp roietad � � . `' � Improvementd Heleyon Rd.�Grand Ave. • Ne left 9225,000 !!0 100% 3225,000 turn. WB left tum � 5 EIm St./Ferroll Ava.-aipnelize !120.000 No 100°6 !120,000 intaraact(on 5 Valiey Roed• reeiipn curve at l33,000 No I00% 333,000 schaol 1 Feir Oeke•Widan to S lenee l499,000 No 100% $499,000 fwm Tre(lic Wey to oroak . 5 Hueanafloed-Nfidanto4lene• l693,000 No 100% $693,000 from Clerenca to Vetd loomi� `' Bren<h MIII/Cherry Avenue- l288,000 No 100% l268,000 �09�ade exisllnq roedwey � Elm St.-qcquire ROW(or . l50,000 No 100% 450,000 widenlnq 5 " Heicyan Rd.• pcpulre ROW lor l200,000 Na 100°�6 l200,000 5 widaniny � TOTAL f8�784 000 �B .��i �� Sources: Compiahansive Sou(h Counfy Tie//it Made1 end Sludy, Fine/Reporf, November 1992. Cify o/Ar�oyo Grende Ciicu/elion f/emertf o/!he Gene�elPlen. City of Arroyo Grende Puhlic Worke Depertmenc, Celi(omie Stele �epertment of Trenspdrteiion ICeltrensl. Pribrily 1•5 1 - Hiphezt � � •Moderle � 5 •�owett ' S.d. � pRR0�0 � c4 � INCONPORATED 9Z u m MEMORANDUM � ,�. ,o. �e„ * c4��FOR�`P TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER �A_ O�r b SUBJECT: CONSIDERATION OF THE DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM FOR FEDERAL FISCAL YEAR (FFY) 2002/03 DATE: AUGUST 27, 2002 RECOMMENDATION: It is recommended the Council approve the FFY 2002/03 DBE Program with "established" Overall Annual DBE Goal and submit to Caltrans by September 1, 2002. FUNDING: It is anticipated thatthefollowing Federal-aid highwayfunds, requiring an established DBE Program, will be expended in FFY 2002/03: • Phase III of The Scenic Walk Through the Historic Village of Arroyo Grande - Federal Transportation Enhancement (TE) funds in the amount of$125,000; • Brisco Road-Halcyon Road/Route 101 Interchange Project Approval & Environmental Determination (PA&ED) - State Transportation Improvement Program (STIP) funds in the amount of$165,000; • Traffic Way Bridge Rail Replacement - Highway Bridge Replacement and Rehabilitation Program (HBRR) funds in the amount of$109,508; and • EastGrandAvenueStreetscapelmprovements-StateTransportationlmprovement Program (STIP) funds in the amount of$250,000. DISCUSSION: On May 28, 2002, the Council approved the submittal of its FFY 2002/03 DBE Program with a "proposed" Overall Annual DBE Goal of 3% to Caltrans. Caltrans reviewed the City's DBE Program with "proposed" Overall Annual DBE Goal and instructed the City to begin its public review process. On May 28, 2002, the Council also directed the Director of Administrative Services to publish a public notice in the local newspaper in accordance with Section XIV of the DBE Program. The notice was published on June 12, 2002 and the public comment period ended July 27, 2002. There were no public comments received by either the City or Caltrans. I J CITY COUNCIL CONSIDERATION OF THE DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM FOR FEDERAL FISCAL YEAR (FFY) 2002-03 AUGUST 27, 2002 PAGE TWO Since there was no public comment received, it is recommended the Council approve the City's FFY 2002/03 DBE Program with an "established" Overall Annual DBE Goal of 3%. The City's FFY 2002/03 DBE Program with "established" Overall Annual DBE Goal, proof of publication, and summary of the public participation process and comments are to be submitted to Caltrans by September 1, 2002. ALTERNATIVES: The following alternatives are provided for the Council's consideration: — Approve staff's recommendation; — Do not approve staff's recommendation; — Modify as appropriate and approve staffs recommendation; — Provide direction to staff. Attachments 1. Letter to Caltrans with "established" overall annual DBE goals. 2. Proof of Publication 3. Disadvantaged Business Enterprise (DBE) Program for FFY 2002/03. jep232.0203(19)\02.03 DBE Plan\Staff.Report.827.02.wpd (City of Arroyo Grande Letterhead) August 28, 2002 Mr. Jerald T. Gibbs, Local Assistance Engineer Caltrans District 5 50 Higuera Street San Luis Obispo, CA 93401 Subject: Established Annual Overall Disadvantaged Business Enterprise(DBE)Goal Information Dear Mr. Gibbs: The amount of overall goal, methodology, breakout of estimated race-neutral and race-conscious participation, and any DBE program updates are presented herein in accordance with Title 49 of the Code of Federal Regulations Part 26, and as described in the Loca/Assistance Procedures Manual. The City of Arroyo Grande submits our annual overall goal information (and any needed updates of our DBE program) for your review and comment. We propose an annual overall DBE goal of 3%for the Federal Fiscal Year 2002/03, beginning on October 1, 2002 and ending on September 30, 2003. Methodolopv The "Utilizing the Bidders LisY' methodology was used to determine the City of Arroyo Grande's overall goal for Federal fiscal Year FY 2002/03. The City of Arroyo Grande elected to utilize the following methodology in establishing the City of Arroyo Grande's Base Figure of relative DBE availability for FFY 2002/03. For the Numerator.� DBE Firms in City of Arroyo Grande's Bidders List For the Denominator.� All Firms in City of Arroyo Grande's Bidders List The City of Arroyo Grande calculated its weighted Base Figure by first determining the number of ready, willing and able DBEs in its FY 2001/02 Bidders List by work category, and dividing the number of DBEs by the total number of firms in the same work category. Through this method, the City of Arroyo Grande can measure availability by the number of firms that have directly participated in, or attempted to participate in, City of Arroyo Grande's DOT-assisted contracting in FY 2001/02. i Mr. Jerald T. Gibbs August 28, 2002 Page 2 Application of this formula yields the following baseline information: Number of Ready. wlling and Able DBE's = BASE FIGURE Number of All Ready, �lling and Able Firms The Base Figure resulting from this calculation was determined to be 3%. The Base Figure was not adjusted for FFY 2002/03. Breakout of Estimated Race-Neutral and Race-Conscious Participation Of the overall annual 3% goal for DBE participation, the City of Arroyo Grande projects meeting 3°/a of the goal utilizing race-neutral methods, including making efforts to assure that bidding and contract requirements facilitate participation by DBEs and other small businesses; unbundling large contracts to make them more accessible to small businesses; encouraging prime contractors to subcontract portions of the work that they might otherwise perform themselves;and providing technical assistance,and other support services to facilitate consideration of DBEs and other small businesses. The remaining 0% of the goal is anticipated to be accomplished through race-conscience measures, which includes establishing contract specific goals on contracts with contracting possibilities, when needed, to meet the City's overall annual DBE goal. DBE Program Updates N/A. I Public Partici�ation Process The City of Arroyo Grande has completed its public participation process. A public notice was published on June 12, 2002 in the Five Cities Times-Press-Recorder. The City made available to the public a copy of its FFY 2002/03 DBE Program with "proposed" Overall Annual DBE Goal for 30 days following the date of publication. In addition, the City allowed 45 days following the date of publication (or July 27, 2002)to receive public comment. No comments were received by either the City or Caltrans District 5. A copy of the public notice with proof of publication is included with this letter. Please contact me at 473-5440 or Jill Peterson, Consulting Senior Engineer, at 544-4011 if you have any questions regarding this information. Sincerely, Don Spagnolo, P.E. Director of Public Works/City Engineer Attachment: Proof of Publication jep232.0203(19)a2.03DBE PIaMEStablished.GOaI.LV.wpd �� PULITZER CENTRAL COAST NEWPAPERS I'uhlixhers ��f('GN"I'RAL COAS'f'I�IM[:S • LONIPOC' KGCORI) � I�ive C'itirs 'I'IM(;PR�SS-RIiCORU[iR • A130BIi PKIiSS P.O. Rux 4O0. S.�m:i Nl:iria. CA 93d5G • 3Z00 Skyway l)rivc. Sanl:i M,iri:i. ('n 9 t_�55 (805) 925-2G91 • I�a.e: (8p5) 928-5C,57 ;U'I�ID:\�'I'f O1� Pti61JC,\'I'It)�� . 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('i�unty of Snn Luis Obispi�, ('aliGnni:i cn�mnn�oc�a� of miniatrayve SeM� an�l ��-hich nr�vs�r,iper h;is bccn a�ljuilgal 2�aEaece�ancnsaee� a newspaper ol'gcneral circula�i�m bY �:�l�jar�,�-s�aoo• �420 the�Superiur Cou rt iit the County ol' comme�a w�n ne°dfBB°��o"�'""„y,'a°D'�°e�reroae.ory San Luis Obispo. S�ate ol('alifurnia. ��ac,��ro�ea�roa�ciryor�n°now ('ase Numbcr I 8R I I; an�l that afFi.inl T c�in�� D���i�e��ss o.ro ae�d is lhc �irincipa� cicrk of said Fivc Cities ��e b��s s� H��e�es�re�er.se 1Ow;; � apo.Celifomte$34p7..� 'I'I M f.iS-PR f�SS-R 6C'OR DER.. oa�a�a,qro c�a,we.,carrom�e,m;s sm aay or 'I'h;u the printcd nutire hercto aiuiexeel �� wemw.e oo-acro. a nd,,,;ni,rc�u�re was publishe�l in the sai�l Rive Cities ^�•���b�eii,iaoz '1'INIGS-PRBSS-RGCORDGR, in �he issues � ; of the fullowing named dates ! � Uates uf Publication: June 12,2002 I certiFy, under penalty of peijury, that the foregoing is Irue and correct. � ( ' � �a� j [ Signe�l: i`�GZ�`�' i x��' c rtising Clerk � � i City of Arroyo Grande Disadvantaged Business Enterprise (DBE) Program for FFY 2002/03 City of Arroyo Grande Public Works Department P.O. Box 550 Arroyo Grande, CA 93421 (805) 473-5440 August 2002 *This Program is in accordance with Title 49 of the Code of Federal Regulations Part 26 f i CITY OF ARROYO GRANDE DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM I. Definitions of Terms The terms used in this program have the meanings defined in 49 CFR §26.5. II. pbjectives/Policy Statement (§§26.1, 26.23) The City of Arroyo Grande has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. The City ofArroyo Grande has received Federal financial assistance from the DOT, and as a condition of receiving this assistance, the City ofArroyo Grande will sign an assurance that it will comply with 49 CFR Part 26. It is the policy of the City of Arroyo Grande to ensure that DBEs, as defined in part 26, have an equal opportunity to receive and participate in DOT-assisted contracts. It is also our policy: • To ensure nondiscrimination in the award and administration of DOT-assisted contracts; • To create a level playing field on which DBEs can compete fairly for DOT-assisted contracts; • To ensure that the DBE Program is narrowly tailored in accordance with appficable law; • To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; • To help remove barriers to the participation of DBEs in DOT-assisted contracts; and • To assist the development of firms that can compete successfully in the market place outside the DBE Program. The Director of Public Works has been delegated as the DBE Liaison Officer. In that capacity, the Director of Public Works is responsible for implementing all aspects of the DBE program. Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by the City of Arroyo Grande in its financial assistance agreements with the California Department of Transportation (Caltrans). The City of Arroyo Grande has disseminated this policy statement to the Arroyo Grande City Council and all the components of our organization. We have distributed this statement to DBE and non-DBE business communities that pertorm work for us on DOT-assisted contracts by publishing this statement in general circulation, minority-focused and trade association publications. City of Arroyo Grande i DBE Progrem for FFY 2002/03 Page 1 August 2002 � J III. Nondiscrimination (§26.7) The City of Arroyo Grande will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR Part 26 on the basis of race, color, sex, or national origin. In administering its DBE program, the City of Arroyo Grande will not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE program with respect to individuals of a particular race, color, sex, or national origin. IV. DBE Program Updates (§26.21) The City of Arroyo Grande will continue to carry out this program until the City of Arroyo Grande has established a new goal setting methodology or until significant changes to this DBE Program are adopted. The City of Arroyo Grande will provide to Caltrans a proposed overall goal and goal setting methodology and other program updates by June 1 of every year. V. Quotas (§26.43) The City of Arroyo Grande will not use quotas or set asides in any way in the administration of this DBE program. VI. DBE Liaison Officer (DBELO) (§26.45) The City of Arroyo Grande has designated the following individual as the DBE Liaison r Officer: ; Mr. Don Spagnolo, P.E. ; Director of Public Works/City Engineer i City of Arroyo Grande i P.O. Box 550 214 East Branch Street Arroyo Grande, CA 93421 (805) 473-5440 dspagnolo@arroyogrande.org In that capacity, Mr. Spagnolo is responsible for implementing all aspects of the DBE i program and ensuring that the City of Arroyo Grande complies with all provisions of 49 F CFR Part 26. This is available on the Internet at: osdt�uweb.dot.gov/main.cfm. Mr. � Spagnolo has direct, independent access to the City Manager concerning DBE program � matters. The DBELO has a staff of two support personnel who will devote a portion of his/ � her time to the program. An organization chart displaying the DBELO's position in the ° organization is found in Attachment A to this program. ; City of Arroyo Grande ' DBE Program for FFY 2002/03 Page 2 August 2002 The DBELO is responsible for developing, implementing and monitoring the DBE program, in coordination other appropriate officials. Duties and responsibilities include the following: 1. Gathers and reports statistical data and other information as required. 2. Reviews third party contracts and purchase requisitions for compliance with this program. 3. Works with all departments to set overall annual goals. 4. Ensures that bid notices and requests for proposals are available to DBEs in a timely manner. 5. Identifies contracts and procurements so that DBE goals are included in solicitations (both race-neutral methods and contract specific goals) and monitors results. 6. Analyzes the City ofArroyo Grande's progress toward goal attainment and identifies ways to improve progress. 7. Participates in pre-bid meetings. 8. Advises the CEO/governing body on DBE matters and achievement. 9. Chairs the DBE Advisory Committee. 10. Participates with the legal counsel and project director to determine contractor compliance with good faith efforts. 11. Provides DBEs with information and assistance in preparing bids,obtaining bonding , and insurance. 12. Plans and participates in DBE training seminars. 13. Provides outreach to DBEs and community organizations to advise them of opportunities. f VII. Federal Financial Assistance Agreement Assurance (§26.13) E I The City of Arroyo Grande will sign the following assurance, applicable to all FHWA-assisted contracts and their administration as part of the program supplement agreement for each project: ' The recipient shall not discriminate on the basis of race, color, national origin, or sex in the ; award and performance of any DOT-assisted contract or in the administration of its DBE ; Program or the requirements of 49 CFR part 26. The recipient shall take all necessary and � reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and ' administration of DOT-assisted contracts. The recipienYs DBE Program, as required by ' 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall •, be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). City of Arroyo Grande ' DBE Program for FFY 2007J03 Page 3 August 2002 VIII. DBE Financial Institutions It is the policy of the City of Arroyo Grande to investigate the full extent of services offered by financial institutions owned and controlled by socially and economically disadvantaged individuals in the community, to make reasonable efforts to use these institutions, and to encourage prime contractors on DOT-assisted contracts to make use of these institutions. Information on the availability of such institutions can be obtained from the DBE Liaison Officer. The Caltrans Disadvantaged Business Enterprise Program may offer assistance to the DBE Liaison Officer. IX. Directory (§26.31) The City ofArroyo Grande will refer interested persons to the DBE directory available from the Caltrans Disadvantaged Business Enterprise Program website at: www.dot. ca.gov/ha/be� X. Overconcentration (§26.33) The City of Arroyo Grande has not identified any types of work in DOT-assisted contracts that have a overconcentration of DBE participation. If in the future the City of Arroyo Grande identifies the need to address overconcentration, measures for addressing overconcentration will be submitted to the DLAE for approval. XI. Business Development Programs (§26.35) � The City of Arroyo Grande does not have a business development or mentor-protege ' program. If the City of Arroyo Grande identifies the need for such a program in the future, ' the rationale for adopting such a program and a comprehensive description of it will be ' submitted to the DLAE for approval. XII. Required Contract Clauses (§§26.13, 26.29) ! Contract Assurance ' The City of Arroyo Grande ensures that the following clause is placed in every i DOT-assisted contract and subcontract: � The contractor or subcontractor shall not discriminate on the basis of race, color, national i origin, or sex in the pertormance of this contract. The contractor shall carry out applicable i requirements of49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this i contract, which may result in the termination of this contract or such other remedy as ; recipient deems appropriate. City of Arroyo Grende ; DBE Program for FFY 2002/03 Page 4 August 2002 Promnt Payment The City ofArroyo Grande ensures that the following clauses orequivalentwill be included in each DOT-assisted prime contract: Satisfactorv Performance The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the prime contractor receives from the City of Arroyo Grande. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Arroyo Grande. This clause applies to both DBE and non-DBE subcontractors Release of Retainaae The prime contractor agrees further to release retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Arroyo Grande. This clause applies to both DBE and non-DBE subcontractors. XIII. Monitoring and Enforcement Mechanisms (§26.37) The City of Arroyo Grande will assign a Resident Engineer (RE) or Contract Manager to � monitor and track actual DBE participation through contractor and subcontractor reports j of payments in accordance with the following: After Contract Award After the contract award the City of Arroyo Grande will review the award documents for the i portion of items each DBE and first tier subcontractor will be performing and the dollar value af that work. With these documents the RE/Contract Manager will be able to � determine the work to be performed by the DBEs or subcontractors listed. Preconstruction Conference � A preconstruction conference will be scheduled between the RE and the contractor or their , representative to discuss the work each DBE subcontractor will perform. I Before work can begin on a subcontract, the local agency will require the contractor to I� submit a completed "Subcontracting Request," Exhibit 16-B of the LAPM or equivalent. ' When the RE receives the completed form it will be checked for agreement of the first tier i subcontractors and DBEs. The RE will not approve the request when it identifies someone ; other than the DBE or first tier subcontractor listed in the previously completed "Local i Agency Bidder DBE Information," Exhibit 15-G. The"Subcontracting RequesY'will not be i City of Arroyo Grande DBE Program for FFY 2002/03 Page 5 August 2002 approved until any discrepancies are resolved. If an issue cannot be resolved at that time, or there is some other concern, the RE will require the contractor to eliminate the subcontractor in question before signing the subcontracting request. A change in the DBE or first tier subcontractor may be addressed during a substitution process at a later date. Suppliers, vendors, or manufacturers listed on the"Local Agency Bidder DBE Information" will be compared to those listed in the completed Exhibit 16-I of the LAPM or equivalent. Differences must be resolved by either making corrections or requesting a substitution. Substitutions will be subject to the Subletting and Subcontracting Fair Practices Act(FPA). Local agencies will require contractors to adhere to the provisions within Subletting and Subcontracting Fair Practices Act (State Law) Sections 4100-4144. FPA requires the contractor to list all subcontractors in excess of one half of one percent (0.5%) of the contractor's total bid or$10,000, whichever is greater. The statute is designed to prevent bid shopping by contractors. The FPA explains that a contractor may not substitute a subcontractor listed in the original bid except with the approval of the awarding authority. The RE will give the contractor a blank Exhibit 17-F, "Final Report Utilization of Disadvantaged Business Enterprises, First Tier Subcontractors" and will explain to them that the document will be required at the end of the project, for which payment can be withheld, in conformance with the contract. Construction Contract Monitorina The RE will ensure that the RE's staff(inspectors) know what items of work each DBE is responsible for perForming. Inspectors will notify the RE immediately of apparent violations. When a firm other than the listed DBE subcontractor is found performing the work, the RE will notify the contractor of the apparent discrepancy and potential loss of payment. Based on the contractor's response, the RE will take appropriate action: The DBE Liaison Officer will perForm a preliminary investigation to identify any potential issues related to the DBE subcontractor performing a commercially useful function. Any substantive issues will be forwarded to the Caltrans Disadvantaged Business Enterprise Program. If the contractor fails to adequately explain why there is a discrepancy, payment for the work will be withheld and a letter will be sent to the contractor referencing the applicable specification violation and the required withholding of payment. � I If the contract requires the submittal of a monthly truck document, the contractor will be I required to submit documentation to the RE showing the owner's name; California Highway � Patrol CA number; and the DBE certification number of the owner of the truck for each truck used during that month for which DBE participation will be claimed. The trucks will ! be listed by California Highway Patrol CA number in the daily diary or on a separate piece E of paper for documentation. The numbers are checked by inspectors regularly to confirm j compliance. ! i Providing evidence of DBE payment is the responsibility of the contractor. � z City of Arroyo Grande ` DBE Program for FFY 2002/03 Page 6 August 2002 I Substitution When a DBE substitution is requested, the RE/Contract Managerwill request a letterfrom the contractor explaining why substitution is needed. The RE/Contract Manager must review the letter to be sure names and addresses are shown, dollar values are included, and reason for the request is explained. If the RE/Contract Manager agrees to the substitution, the RE/Contract Manager will notify, in writing, the DBE subcontractor regarding the proposed substitution and procedure for written objection from the DBE subcontractor in accordance with the Subletting and Subcontracting Fair Practices Act. If the contractor is not meeting the contract goal with this substitution, the contractor must provide the required good faith effort to the RE/Contract Manager for local agency consideration. If there is any doubt in the RE/Contract Manager's mind regarding the requested substitution,the RE/Contract Manager may contact the DLAE for assistance and direction. Record Keeping and Final Re�ort Utilization of Disadvantaaed Business Enterprises The contractor shall maintain records showing the name and address of each first-tier subcontractor. The records shall also show: 1. The name and business address, regardless of tier, of every DBE subcontractor, DBE vendor of materials and DBE trucking company. 2. The date of payment and the total dollar figure paid to each of the firms. 3. The DBE prime contractor shall also show the date of work performed by their own forces along with the corresponding dollar value of the work claimed toward DBE goals. When a contract has been completed the contractor will provide a summary of the records stated above. The DBE utilization information will be documented on Exhibit 17-F and will be submitted to the DLAE attached to the Report of Expenditures. The RE will compare the completed Exhibit 17-F to the contractor's completed Exhibit 15-G and, if applicable, � to the completed Exhibit 16-B. The DBEs shown on the completed Exhibit 17-F should be the same as those originally listed unless an authorized substitution was allowed, or the contractor used more DBEs and they were added. The dollar amount should reflect any changes made in planned work done by the DBE. The contractor will be required to explain in writing why the names of the subcontractors, the work items or dollar figures are different from what was originally shown on the completed Exhibit 15-G when: • There have been no changes made by the RE. • The contractor has not provided a sufficient explanation in the comments section of the completed Exhibit 17-F. The explanation will be attached to the completed Exhibit 17-F for submittal. The RE will file this in the project records. � � City of Arroyo Grande � DBE Program for FFY 2002/03 Page 7 August 2002 ' � i The local agency's Liaison Officer will keep track of the DBE certification status on the Internet at www.dot.ca.gov/ha/be� and keep the RE informed of changes that affect the contract. The RE will require the contractor to act in accordance with existing contractual commitments regardless of decertification. The DLAE will use the PS&E checklist to monitor the City of Arroyo Grande's commitment to require bidders list information to be submitted to the City of Arroyo Grande from the awarded prime and subcontractors as a means to develop a bidders list. This monitoring will only take place if the bidders list information is required to be submitted as stipulated in the special provisions. The City of Arroyo Grande will bring to the attention of the DOT through the DLAE any false, fraudulent, or dishonest conduct in connection with the program, so that DOT can take the steps (e.g., referral to the Department of Justice for criminal prosecution, referral to the DOT Inspector General, action under suspension and debarment or Program Fraud and Civil Penalties rules)provided in§26.109. The City ofArroyo Grande also will consider similar action under our own legal authorities, including responsibility determinations in future contracts. XIV. Overall Goals (§26.45) Amount of Goal The City of Arroyo Grande's overall goal for the Federal fiscal year FY 2002/03 is the following: 3%of the Federal financial assistance in FHWA-assisted contracts. This overall goal is broken down into 0% race-conscious and 3% race-neutral components. Methodoloav � i i The "Utilizing the Bidders LisY' methodology was used to determine the City of Arroyo � Grande's overall goal for Federal fiscal Year FY 2002/03. � 1. DOT-Assisted Contracting Program for FYY 2002/03 The following represents the City of Arroyo Grande's projected FHWA funded ' contracts and expenditures by work category and corresponding North American ; Industry Classification System (NAICS) for FFY 2002/03: � � � ; � ! � City of Arroyo Grande �' DBE Program for FFY 2002/03 Page 8 August 2002 I Engineering Services 541330 $ 185.890 29% -Tra�c Way Bridge Rail (HBRR) $ 20,890 - Brisco/101 Interchange PA&ED $ 165,000 Roadway Construction 234110 $ 250,000 38% - East Grand Streetscape (STIP) Other Heavy Construction 234990 $ 125,000 19°/a -Creekside Walk, Phase III (TE) Bridge & Tunnel Const 234120 $ 88.618 14% � -Traffic Way Bridge Rail (HBRR) $ 88,618 { TOTAL $ 649,508 100% � 2. Goal-methodoloqv Step l: Determination of a Base Figure (49 CFR 26.45) � The City of Arroyo Grande elected to utilize the following methodology in � establishing the City of Arroyo Grande's Base Figure of relative DBE availability for FFY 2002/03. For the Numerator. DBE Firms in City of Arroyo Grande's Bidders List For the Denominator: All Firms in City of Arroyo Grande's Bidders List The City of Arroyo Grande will calculate its weighted Base Figure by first ' determining the number of ready, willing and able DBEs in its FY 2001/02 Bidders List by work category, and dividing the number of DBEs by the total number of firms � in the same work category. Through this method, the City of Arroyo Grande can measure availability by the number of firms that have directly participated in, or ; attempted to participate in, City ofArroyo Grande's DOT-assisted contracting in FY � 2001/02. � Application of this formula yields the following baseline information: � Number of Readv. �lling and Able DBE's = BASE FIGURE ! Number of A/l Ready, Willing and Able Firms i City of Arroyo Grande , DBE Program for FFY 2002/03 Page 9 August 2002 The Base Figure resulting from this calculation is as follows: Base Figure = .29(DBEs in 5413301 + . 38(DBEs in 234110) + Firms in 541330 Firms in 234110 . 19(DBEs in 2349� + . 14(DBEs in 234120� Firms in 234990 Firms in 234120 Base Figure = � .29(0) + ,38(21 + .19(0) + ,14(0) l �0) �22) �0) (�) 1 Base Figure = [ .29(0) + .38(0.09) + .19(0) + .14(0) ] Base Figure = [ 0 + .0342 + 0 + 0 ] x 100 Base Figure = [ .0342 ] x 100 = 3% Step ll: Adjusting the Base Figure The Base Figure was not adjusted for FFY 2002/03. Breakout of Estimated Race-Neutral and Race-Conscious Particioation Of the overall annual 3% goal for DBE participation, the City of Arroyo Grande projects meeting 3% of the goal utilizing race-neutral methods, including making efforts to assure that bidding and contract requirements facilitate participation by DBEs and other small { businesses; unbundling large contracts to make them more accessible to small k businesses; encouraging prime contractors to subcontract portions of the work that they i might otherwise perform themselves; and providing technical assistance,and other support ; services to facilitate consideration of DBEs and other small businesses. The remaining 0% ; of the goal is anticipated to be accomplished through race-conscience measures, which k includes establishing contract specific goals on contracts with contracting possibilities, � when needed, to meet the City's overall annual DBE goal. Process Starting with the Federal fiscal year 2002, the amount of overall goal, the method to calculate the goal, and the breakout of estimated race-neutrat and race-conscious participation will be required annually by June 1 in advance of the Federal fiscal year beginning October 1 for FHWA-assisted contracts. Submittals will be to the Caltrans' ; DLAE. An exception to this will be if FTA or FAA recipients are required by FTA or FAA to submit the annual information to them or a designee by another date. FHWA recipients ! will follow this process: � 4 Cify of Arroyo Grande � DBE Program for FFY 2002/03 Page 10 August 2002 I Once the DLAE has responded with preliminary comments and the comments have been incorporated into the draft overall goal information, the City of Arroyo Grande will publish a notice of the proposed overall goal, informing the public that the proposed goal and its rationale are available for inspection during normal business hours at the City of Arroyo Grande's principal office for 30 days following the date of the notice, and informing the public that City of Arroyo Grande comments will be accepted on the goals for 45 days following the date ofthe notice.Advertisements in newspapers, minority focus media,trade publications, and websites will be the normal media to accomplish this effort. The notice will include addresses to which comments may be sent and addresses (including offices and websites) where the proposal may be reviewed. The overall goal resubmission to the Caltrans DLAE,will include a summary of information and comments received during this public participation process and City of Arroyo Grande's responses. This will be due by September 1 to the Caltrans DLAE. The DLAE will have a month to make a final review so the City of Arroyo Grande may begin using the overall goal on October 1 of each year. If there is a design build please refer to Appendix B of this DBE Program. i f t XV. Contract Goals (§26.51) � The City of Arroyo Grande will use contract goals to meet any portion of the overall goal � the City of Arroyo Grande does not project being able to meet by the use of race-neutral � means. Contract goals are established so that, over the period to which the overall goal applies, they will cumulatively result in meeting any portion of the overall goal that is not ; projected to be met through the use of race-neutral means. � Contract goals will be established only on those DOT-assisted contracts that have �� subcontracting possibilities. Contract goals need not be established on every such contract, and the size of contract goals will be adapted to the circumstances of each such i contract(e.g., type and location of work, availability of DBEs to perform the particular type i of work). The contract work items will be compared with eligible DBE contractors willing to work on the project. A determination will also be made to decide which items are likely to be performed by the prime contractor and which ones are likely to be performed by the subcontractor(s). The goal will then be incorporated into the contract documents. Contract goals will be expressed as a percentage of the total amount of a DOT-assisted contract. XVI. Transit Vehicle Manufacturers (§26.49) If DOT-assisted contracts will include transit vehicle procurements, the City of Arroyo Grande will require each transit vehicle manufacturer, as a condition of being authorized to bid or propose on transit vehicle procurements, to certify that it has complied with the ' requirements of 49 CFR Part 26, Section 49. The City of Arroyo Grande will direct the transit vehicle manufacturer to the subject requirements located on the Internet at: http://osdbuweb.dot.qov/programs/dbe/dbe.htm. City of Arroyo Grande DBE Program for FFY 2002/03 Page 11 August 2002 i XVII. Good Faith Efforts (§26.53) Information to be Submitted The City of Arroyo Grande treats bidders'/offerors' compliance with good faith effort requirements as a matter of responsiveness. A responsive proposal is meeting all the requirements of the advertisement and solicitation. Each solicitation for which a contract goal has been established will require the bidders/offerors to submit the following information to: City of Arroyo Grande Attn: Director af Administrative Services P.O. Box 550 214 East Branch Street Arroyo Grande, CA 93421 no later than 4:00 p.m. on or before the fourth day, not including Saturdays, Sundays and legal holidays, following bid opening: 1. The names and addresses of known DBE firms that will participate in the contract; 2. A description of the work that each DBE will perform; 3. The dollar amount of the participation of each DBE firm participation; 4. Written and signed documentation of commitment to use a DBE subcontractor whose participation it submits to meet a contract goal; 5. Written and signed confirmation from the DBE that it is participating in the contract { as provided in the prime contractor's commitment; and I 6. If the contract goal is not met, evidence of good faith efforts. E Demonstration of Good Faith Efforts � The obligation of the bidder/offeror is to make good faith efforts. The biddedofferor can demonstrate that it has done so either by meeting the contract goal or documenting good faith efforts. Examples of good faith efforts are found in Appendix A to part 26 which is � attached. The following personnel are responsible for determining whether a bidder/offeror who has i not met the contract goal has documented sufficient good faith efforts to be regarded as responsive: The City of Arroyo Grande Director of Public Works. The City of Arroyo Grande will ensure that all information is complete and accurate and j adequately documents the bidder/offeror's good faith efforts before a commitment to the 'I perFormance of the contract by the bidder/offeror is made. � � City of Arroyo Grande DBE Program for FFY 2002/03 Page 12 August 2002 i Administrative Reconsideration Within 10 days of being informed by the City of Arroyo Grande that it is not responsive because it has not documented sufficient good faith efforts, a bidder/offeror may request administrative reconsideration. Bidder/offerors should make this request in writing to the following reconsideration official: Mr. Steven Adams, City Manager City of Arroyo Grande P.O. Box 550 214 East Branch Street Arroyo Grande, CA 93421 (805) 473-5404 The reconsideration official will not have played any role in the original determination that the bidder/offeror did not make document sufficient good faith efforts. As part of this reconsideration,the bidder/offerorwill have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The bidder/offeror will have the opportunity to meet in person with the reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do. The City of Arroyo Grande will send the bidder/offeror a written decision on reconsideration, explaining the basis forfinding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. The result of the reconsideration process is not administratively appealable to Caltrans, FHWA or the DOT. i Good Faith Efforts when a DBE is Replaced on a Contract E � The City of Arroyo Grande will require a contractor to make good faith efforts to replace a � DBE that is terminated or has otherwise failed to complete its work on a contract with t another certified DBE, to the extent needed to meet the contract goal. The prime i contractor is required to notify the RE immediately of the DBE's inability or unwillingness to perform and provide reasonable documentation. In this situation, the prime contractorwill be required to obtain City ofArroyo Grande prior i approval of the substitute DBE and to provide copies of new or amended subcontracts, or ! documentation of good faith efforts. If the contractor fails or refuses to comply in the time �I specified, the City of Arroyo Grande contracting office will issue an order stopping all or l part of payment/work until satisfactory action has been taken. If the contractor still fails to � r comply, the contracting officer may issue a termination for default proceeding. I � � � City of Arroyo Grande ' DBE Program for FFY 2002/03 Page 13 August 2002 VXIII. Counting DBE Participation (§26.55) The City of Arroyo Grande will count DBE participation toward overall and contract goals as provided in the contract specifications for the prime contractor, subcontractor, joint venture partner with prime or subcontractor, or vendor of material or supplies. See the Caltrans' Sample Boiler Plate Contract Documents previously mentioned. Also, refer to XI, A. "After Contract Award." XIX. Certification (§26.83(a)) The City of Arroyo Grande ensures that only DBE firms currently certified on the Caltrans' directory will participate as DBEs in our program. XX. Information Collection and Reporting Bidders List The City ofArroyo Grande will create and maintain a bidders list, consisting of information about all DBE and non-DBE firms that bid or quote on its DOT-assisted contracts. The bidders list will include the name, address, DBE/non-DBE status, age, and annual gross receipts of firms. Monitoring Payments to DBEs Prime contractors are required to maintain records and documents of payments to DBEs for three years following the performance of the contract. These records will be made ( available for inspection upon request by any authorized representative of the City ofArroyo � Grande, Caltrans, or FHWA. This reporting requirement also extends to any certified DBE ' subcontractor. Payments to DBE subcontractors will be reviewed by the City of Arroyo Grande to ensure that the actual amount paid to DBE subcontractors equals or exceeds the dollar amounts stated in the schedule of DBE participation. ' Reqorting to Caltrans � I The City of Arroyo Grande's final utilization of DBE participation will be reported to the � DLAE using Exhibit 17-F of the Cakrans' LAPM. j I Confidentialitv ,I I The City of Arroyo Grande will safeguard from disclosure to third parties information that i may reasonably be regarded as confidential business information,consistentwith Federal, I state, and local laws. f City of Arroyo Grande � DBE Program for FFY 2002/03 Page 14 August 2002 ' This Disadvantaged Business Enterprises Program is approved by: Steven Adams Date City Manager This Disadvantaged Business Enterprises Program is accepted by: Jerald T. Gibbs Date Caltrans District 5 Local Assistance Engineer , i � , � [ f � i ' � City of Arroyo Grande DBE Program for FFY 2002/03 Page 15 August 2002 i ATTACHMENT A ORGANIZATIONAL CHART THE ELECTORS MAYOR AND CITY COUNCIL f CITY MANAGER � Steven Adams � ( i PUBLIC WORKS DEPARTMENT ' Don Spagnolo, P.E. ! Director/City EngineedDBELO Michael E Linn, P.E. Jill E. Peterson Assistant City Engineer/ Sr. Consultant Engineed ' DBE Support Staff DBE Support Staff City of Arroyo Grende DBE Program for FFY 2002/03 Attachment A -Page 1 August 2002 APPENDIX A TO PART 26 GUIDANCE CONCERNING GOOD FAITH EFFORTS I. When, as a recipient, you establish a contract goal on a DOT-assisted contract, a bidder must, in order to be responsible and/or responsive, make good faith efforts to meet the goal. The bidder can meet this requirement in either of two ways. First, the bidder can meet the goal, documenting commitments for participation by DBE firms sufficient for this purpose. Second, even if it doesn't meet the goal, the bidder can document adequate good faith efforts. This means that the bidder must show that it took all necessary and reasonable steps to achieve a DBE goal or other requirement of this part which, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE participation, even if they were not fully successful. II. In any situation in which you have established a contract goal, part 26 requires you to use the good faith efforts mechanism of this part. As a recipient, it is up to you f to make a fair and reasonable judgment whether a bidder that did not meet the goal I made adequate good faith efforts. It is important for you to consider the quality, quantity, and intensity of the different kinds of efforts that the bidder has made. The � efforts employed by the bidder should be those that one could reasonably expect � a bidder to take if the bidder were actively and aggressively trying to obtain DBE � participation sufficient to meet the DBE contract goal. Mere ro forma efforts are j not good faith efforts to meet the DBE contract requirements. We emphasize, f however, that your determination concerning the sufficiency of the firm's good faith I efforts is a judgment call: meeting quantitative formulas is not required. � III. The Department also strongly cautions you against requiring that a bidder meet a ' contract goal (i.e., obtain a specified amount of DBE participation) in order to be ' awarded a contract, even though the bidder makes an adequate good faith efforts showing. This rule specifically prohibits you from ignoring bona fide good faith efforts. ; IV. The following is a list of types of actions which you should consider as part of the i bidder's good faith efforts to obtain DBE participation. It is not intended to be a ' mandatory checklist, nor is it intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases. A. Soliciting through all reasonable and available means (e.g. attendance at pre-bid meetings, advertising and/or written notices) the interest of all certified DBEs who have the capability to perform the work of the contract. The bidder must solicit this interest within sufficient time to allow the DBEs to respond to the solicitation. The bidder must determine with certainty if the DBEs are interested by taking appropriate steps to follow up initial solicitations. City of Arroyo Grande DBE Program for FFY 2002/03 Appendix A -Page 1 August 2002 B. Selecting portions of the work to be pertormed by DBEs in order to increase the likelihood that the DBE goals will be achieved. This includes, where appropriate, breaking out contractwork items into economically feasible units to facilitate DBE participation, even when the prime contractor might otherwise prefer to perform these work items with its own forces. C. Providing interested DBEs with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation. D. (1) Negotiating in good faith with interested DBEs. It is the bidder's responsibility to make a portion of the work available to DBE subcontractors and suppliers and to select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional agreements could not be reached for DBEs to perform the work. (2) A bidder using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE subcontractors, and would take a firm's price and capabilities as well as contract goals into consideration. However, the fact that there may be some additional costs involved in finding and using DBEs is not in itself su�cient reason for a bidder's failure to meet the contract DBE goal, as long as such costs are reasonable. Also, the ability or desire of a prime contractor to perform the work of a contract with its own organization does not relieve the bidder of the responsibility to make good faith efforts. Prime contractors are not, however, � required to accept higher quotes from DBEs if the price difference is f excessive or unreasonable. � E. Not rejecting DBEs as being unqualified without sound reasons based on a � thorough investigation of their capabilities. The contractor's standing within its industry, membership in specific groups, organizations, or associations ! and political or social affiliations (for example union vs. non-union employee � status) are not legitimate causes for the rejection or non-solicitation of bids i in the contractor's efforts to meet the project goal. � � F. Making efforts to assist interested DBEs in obtaining bonding, lines of credit, f or insurance as required by the recipient or contractor. G. Making efforts to assist interested DBEs in obtaining necessary equipment, I supplies, materials, or related assistance or services. � I � City of Arroyo Grande DBE Program for FFY 2002/03 Appendix A -Page 2 August 2002 i � H. Effectively using the services of available minority/women community organizations; minority/women contractors'groups; local, state, and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of DBEs. V. In determining whether a bidder has made good faith efforts, you may take into account the performance of other bidders in meeting the contract. For example, when the apparent successful bidderfails to meet the contract goal, but others meet it, you may reasonably raise the question of whether, with additional reasonable efforts, the apparent successful bidder could have met the goal. If the apparent successful bidder fails to meet the goal, but meets or exceeds the average DBE participation obtained by other bidders, you may view this, in conjunction with other factors, as evidence of the apparent successful bidder having made good faith efforts. � � � i � l � � � { f i i � i City of Arroyo Grande DBE Program for FFY 2002/03 Appendix A-Page 3 August 2002 , r This Disadvantaged Business Enterprises Program for design-build contracts is accepted by: Jerald T. Gibbs Date Caltrans District 5 Local Assistance Engineer City of Arroyo Grande DBE Program for FFY 2002/03 Appendix 8-Page 3 Au ust 2002 9 qppENDIX C SAMPLE RESOLUTION RESOLUTION OF THE CITY OF ARROYO GRANDE 6 REGARD� ENT SUBCONTRAC OR IDENTIFICATION AND i SUBSEQU ' SELECTION FOR DESIGN-BUILD CONTRACTS(REQUIRE gy PUBLIC CONTRACT CODE SECTION 4109 ENTITLED "PUBLIC EMERGENCY GROUNDS FOR CHANGE") q, EXPLANATION OF PUBLIC NECESC NECESSITI' �R EMERGENCY: g, FACTS CONSTITUTING THE PUBLI C, FINDINGS: p, RESOLUTION FOR SUBSEQUENT IDENTIFICATION ON BUB D CO N�CTOR E, ADOPTION OF PROCEDURE TO BE USED BY DESIG FOR SUBSEQUENT IDENTIFICATION OF SUBCON7RACTORS: F. CERTIFICATE OF SECRETARY �, MOTION MADE AND DATE Z. VOTING RESULTS 3, SIGNATURES: �a� (Secretary) �b� (Chairperson) August 2002 City of Arroyo Grande p ppendix C-Pa9e � DBE Prog►am for FFY 2002/03 8.e. � pRR0y0 o �,p � INCORPORpTE� 92 � � m MEMORANDUM � �,�. ,o. ,a,� * P �<<FORN� TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICE� SUBJECT: DECLARATION OF INTENT TO BE REIMBURSED DATE: AUGUST 27, 2002 RECOMMENDATION: It is recommended the City Council adopt the attached Resolution declaring the City's intent to purchase equipment that will ultimately be reimbursed from lease purchase financing. FUNDING: The infrastructure computer platform and related equipment, expected to cost approximately $13,000, will be paid from current appropriations. These costs will be reimbursed from lease purchase financing of $175,700, which will be obtained for the installation and training on the Eden Inforum Gold financial management system. Debt service costs for the lease purchase agreement have been included in the FY 2002-03 budget. DISCUSSION: The City purchased the Novel based Eden Command Financial Management System in April 1997. Though the computer system served the City well, computer technology made great strides between 1997 and 2000. As the prevailing computer technology moved toward Windows-based systems and away from Novell systems, Eden Computer Systems found supporting two types of financial management systems unwieldy. In the spring of 2000 the City was notified that migration to the Windows- based system of Inforum Gold was encouraged and support for the Command System would cease in December 2001 for non-migrating entities. On July 24, 2001, after reviewing available financial management systems, staff recommended the City migrate to the Inforum Gold System. The City Council approved this recommendation as well as a proposal to fund the acquisition with lease purchase financing. Eden Systems began the training and migration of other municipalities' Command Series Financial Management systems in January 2002. Because of staffing problems in the City's Financial Services Department and because Eden had several municipalities making the migration to Inforum Gold, a date for Arroyo Grande's impiementation was not discussed until fairly recently. J CITY COUNCIL DECLARATION OF INTENT TO REIMBURSE AUGUST 27, 2002 PAGE 2 Financiai Services staff, computer support staff, and Eden personnel recently met via a telephone conference call, to establish a training schedule for the City of Arroyo Grande. All parties agreed to the installation of the Inforum Gold program beginning in November 2002, but because of the holiday season, actual training will not begin until January 2003. In order for Eden to install the Inforum Gold programs in November, specific equipment and programs must be installed and functional by the installation date. These equipmenUprograms include a server hardware platform, workstation hardware platforms, server licenses, etc. The cost for these necessary equipmenUprograms is estimated to cost $13,000, which includes a 10% contingency factor. The lease purchase contract is expected to commit financing of approximately $175,700 for the platform costs ($13,000), workstations ($5,400), the Eden Systems Inforum Gold program ($141,300), and a 10% contingency ($16,000). The total cost to migrate to Inforum Gold has increased by $8,700 since the first estimated amount was presented to the City Council in July 2001. The increase is due to the addition of a fixed asset module to record and track City assets in compliance with Government Accounting Standards Board's pronouncement 34 (GASB 34). Because the contract with Eden Systems requires payments to commence when training begins, lease purchase financing will not be obtained until November/December 2002. The equipmenUprograms needed to host the Inforum Gold product must be in place well before that time. The attached resolution provides authority to purchase the equipment, include the costs in the financing obtained at a later date, and to reimburse the operating budget for those costs from the proceeds of the lease purchase contract. The resolution enables the City to put in place platform equipment without permanentiy impacting the operating budget. ALTERNATIVES: The following alternatives are provided for City Council consideration: - Approve staff recommendation and adopt the attached resolution; - Deny staff recommendation and direct the use of the operating budget to fund plafform costs; - Modify staff recommendations and approve; - Provide direction to staff. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING ITS INTENT TO BE REIMBURSED FROM LEASE PURCHASE FINANCING WHEREAS, City of Arroyo Grande, County of San Luis Obispo, State of California ("City") is duly authorized and existing under the laws of said State; and WHEREAS, the City finds it necessary and desirable to acquire certain property for its own governmental purpose and described as Eden Inforum Gold Financial Management Systems ("Property"; and WHEREAS, City intends to finance all or a portion of the related costs to acquire, , construct, and/or remodel the Property with the proceeds of a lease purchase financing in the approximate principal amount of $175,700, the interest upon which will be excluded from lessor's gross income for federal income tax purposes (the "Financing"); and WHEREAS, prior to the issuance of the Financing, City has incurred or will incur certain expenditures with respect to the Property from available moneys of the City which expenditures shall be reimbursed from the proceeds of the Financing; and WHEREAS, other than (i) expenditures to be paid for reimbursed from sources other than the Financing or (ii) expenditures constituting a de minimus amount or preliminary expenditures as defined in Section 1.150-2(f) of the Federal Income Tax Regulations ("Regulations"), City has not made any expenditures for the Property in advance of sixty days proior to the adoption of this resolution. NOW, THEREFORE, BE IT RESOLVED, that the City declares its intent to be reimbursed from the Financing proceeds for expenditures it has made or will make on the Property either prior to or following the issuance of the Financing in the aggregate maximum amount of $175,700 (which includes 10% for contingencies). All reimbursed expenditures will be capital expenditures as defined in Section 1.150-1(b) of the Regulations. On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of , 2002 RESOLUTION NO. Page 2 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TiMOTHY J. CARMEL, CITY ATTORNEY E pRROYp S■�• � cP � INCOflGOR�TEO 92 " ° MEMORANDUM � ,�. �a. ,a„ * c4��FORN�P TO: CITY COUNCIL FROM: DANIEL C. HERNANDEZ, DIRECTOR OF PARKS, RECREATION � AND FACILITIES SUBJECT: CONSIDERATION OF COMMUNICATIONS SITE LEASE AGREEMENT WITH GTENERIZON WIRELESS DATE: AUGUST 27, 2002 RECOMMENDATION: It is recommended the City Council approve and authorize the Mayor to execute the Communications Site Lease Agreement between the City and GTE/Verizon for use of approximately 800 square feet of surtace area at the Soto Sports Complex and for the installation of a modified lighting standard on Porter Field to be used as an antenna array for GTE/Verizon service. FUNDING: GTE/Verizon will pay the City a fee of fifteen hundred dollars ($1,500) per month for the lease agreement. Rent is increased each year by an amount equal to four percent (4%) of the rent for the previous year. Additionally, GTENerizon will pay a one-time administrative review fee of two thousand dollars ($2,000). Finally, the installation of the light standard at Porter Field will save the City approximately $30,000 in replacement costs that have been budgeted in the five-year capital improvement program for the facility. DISCUSSION: The City has been working with GTE/Verizon over the previous two years regarding the concept of a central telecommunication facility to be located at the Soto Sports Complex. After extensive negotiations, the parties drafted the attached Communications Site Lease Agreement for an approximate 800 square feet of surface area in the Soto Sports Complex, in addition to an antenna array located on the modified lighting standard located along the first-base side of Porter Field. GTENerizon will purchase and install the light standard, which will be owned and maintained by the City. The term of the Agreement is for five (5) years with four (4) five (5)-year extensions. GTENerizon will pay rent of fifteen hundred dollars ($1,500) per month. Subsequently, rent will be increased each year by an amount equal to four percent (4%) of the rent for the previous year. Additionally, staff has negotiated a one-time administrative fee of two thousand dollars ($2,000) as compensation for Lease preparation and review. � CITY COUNCIL COMMUNICATIONS SITE LEASE AGREEMENT WITH GTEIVERIZON AUGUST 27, 2002 PAGE 2 ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Approve staff's recommendation; - Do not approve staff's recommendation; - Modify as appropriate and approve staff's recommendation; - Provide direction to staff. Attachments: GTE/Verizon Site Lease Agreement (Attachment 1) li i LAND LEASE AGREEMENT This Agreement, made this day of , 2002 between the City of Arroyo Cnande, a municipal corporation formed under the laws of the State of Califomia, with its mailing address located at PO Box 550,214 East Branch Street, Arroyo Grande, Califomia 93421, TaY I.D. #95-6000-668, hereinafter designated LESSOR and GTE Mobilnet of California Limited Partnership, a Califomia Limited Partnership by Cellco Partnership, its general partner, d/b/a Verizon Wireless, with its principal office located at 180 Washington Valley Road, Bedminster, New Jersey 07921, hereinafter designated LESSEE. The LESSOR and LESSEE aze at times collectively referred to hereinafter as the"Pazties"or individually as the"Party". 1. PREMISES. LESSOR is the owner of that certain pazcel of property (the entirety � of LESSOR's property is refeaed to hereinafter as the Property),located at 1221 Ash Street, Arroyo Grande, California, 93421, which property is more particularly described in Exhibit "A" attached hereto and made a part hereof, also known as assessor's pazcel number 077-121-004 recorded in the Office of the County Recorder of the County of San Luis Obispo. LESSOR hereby leases to LESSEE a portion of the Property, which portion is more particulazly described as (i) twenty foot (20') by forty foot (40')pazcel containing eight hundred (800) square feet(the "Ground Space") and (ii) antenna space (the "Antenna Space") on a new metal light standazd to be constructed on the Property by LESSEE (the "Light Standazd"), as more particularly described below, together with the non-exclusive right for ingress and egress, seven (7) days a week twenty-four(24) hours a day, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, cables, and conduits, under, a twelve (12') foot wide right-of-way extending from the neazest public right-of-way, at Ash Street and running through the City's public pazking lot to the demised premises, said demised premises and right-of-way (hereinafter collectively referred to as the "Premises") for access being substantially as described herein in Exhibit "B" attached hereto and made a part hereof. In the event any public utility is unable to use the aforementioned right-of-way, the LESSOR hereby agrees to grant an additional right-of-way to either the LESSEE or to the public utility at no cost to the LESSEE. In addition, LESSOR agrees that LESSEE shall have free access to the Light Standazd at all times for the purpose of installing and maintaining LESSEE's equipment. � In connection with the construction of LESSEE's communications facility at the � Premises, LESSEE sha11 pay, at its sole cost, for the purchase and replacement of an existing wood � lighting standazd adjacent to the Premises on Porter Field, with the Light Standazd as designed by � LESSOR, and more particulazly described and depicted in Eachibit"C"attached hereto, that shall be suitable for LESSEE'S antenna installation. LESSEE shall also have the right to install � underground utility connections from the Ground Space to the Antenna Space, and within the Light j Standazd to LESSEE's antennas. The new Light Standazd shall be the sole property of the k LESSOR, and all maintenance of said Light Standard shall be LESSOR'S sole responsibility. ? LESSEE agrees to cooperate with LESSOR in its maintenance of the Light Standard. LESSOR a7so agrees that it will keep the Light Standazd in good repair and in compliance with any applicable federal state, county and local laws and regulations. If LESSOR fails to so maintain the Light ` .80116 Halcyon-Soto SporLS\OS-22-02 Lease Clean.doc 1 �� Standard, LESSEE may make such repairs or perform such maintenance after providing LESSOR with thirty (30) days prior written notice (except in the event of an emergency endangering life or property), and the costs thereof shall be payable to LESSEE by the LESSOR within thirty(30) days after LESSOR's receipt of written demand. If the LESSOR does not make such payment to LESSEE within such thirty (30) day period, then LESSEE shall haue the right to deduct those costs from the succeeding monthly rental amounts due from LESSEE to LESSOR. 2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Property and the Premises, and said survey shall then become Exhibit "D" which sha11 be attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit "B". Cost for such work shall be bome by the LESSEE. 3. TERM. This Agreement shall be effective as of the date of execution by both parties, provided, however, the initial term shall be for five (5) yeazs and shall commence on the Commencement Date (as hereinafter defined). The Commencement Date is defined as the first (lst) day of the month following the date tlils Agreement is executed by the parties or the first (lst) day of the month following the date LESSEE is granted a building permit by the governmental agency charged with issuing such permits, whichever event occurs last. This Ageement shall automatically be extended for four (4) additional five (5) year terms unless the LESSEE terminates it at the end of the then current term by giving the LESSOR written notice of the intent to terminate at least six(6)months prior to the end of the then current term. 4. ADDITIONAL EXTENSIONS. If at the end of the fourth (4th) five (5) yeaz extension term this Agreement has not been terminated by either Party by giving to the other written notice of an intention to terminate it at least six (6) months prior to the end of such term, this Agreement shall continue in force upon the same covenants, terms and conditions for a fiuther term of five(5)yeazs and for five(5)yeaz terms thereafter until terminated by either Party by giving to the other written notice of its intention to so temvnate at least six (6) months prior to the end of such term. 5. RENT. (a) Witrrin ten (10) business days of the Commencement Date, and on the first day of each month thereafter, LESSEE shall pay to LESSOR as rent Fifteen Hundred Dollars ($1,500.00)per month("RenY'). Rent for any fractional month at the beginning or at the end of the Term or Renewal Term shall be prorated. Rent shall be payable to LESSOR at City of Arroyo Grande, P.O. Box 550, 214 East Branch Street, Arroyo Grande, CA 93421; Attention: Financial Services Director. (b) During the term hereof, LESSEE shall have the right to sublet all or a portion of the Premises, upon notice to LESSOR, to any designated wireless communication provider, provided such sublease is subject to the provisions of this Agreement. LESSOR shall be entitled to additional monthly rent from any such sublessee pursuant to the terms and provisions of Pazagraph 17 of this Agreement. .80116 Halcyon-Soto Sports\OS-22-02 Lease Clean.doc 2 V (c) Rent shall be increased on each anniversary of the Commencement Date by an amount equal to four percent(4%) of the rent for the previous yeaz during the initial term and all extension terms. (d) Rent payments made after the fifteenth (15�') day of any month will be considered delinquent, and shall accrue interest at the rate of ten percent (10%) per annum on that delinquent amount until LESSEE's account is paid to current. If the fifteenth (15�') day of the month is on a Saturday, Sunday or holiday, then LESSEE has until the next business day for the payment to be received by LESSOR. (e) Within thirty (30) days of the full execu6on of this Agreement, LESSEE shall pay to LESSOR as additional consideration a one time administrative fee of Two Thousand Dollazs ($2,000.00) for City transactional costs associated with preparation and processing of this Agreement. 6. USE: GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the purpose of constructing, maintaining and operating a telecommunication site and a11 necessary appurtenances. A security fence consisting of chain link construc6on or similar but comparable construction may be placed azound the perimeter of the Premises at the discretion of LESSEE (not including the access easement). All improvements shall be at LESSEE's expense and the installation of a11 improvements shall be at the discretion and option of the LESSEE subject to site design approval by LESSOR, which approval shall not be unreasonably withheld, conditioned or delayed. LESSEE shall have the right to replace, repair, add or otherwise modify its equipment ar any portion thereof, whether the equipment is specified or not on any exhibit attached hereto, during the term of this Agreement. LESSEE will maintain the Premises(not including the Light Standazd) in a good condition, reasonable wear and teaz excepted. LESSOR will maintain the Property, including the Light Standard but excluding the Premises, in good condi6on, reasonable weaz and tear excepted. It is understood and agreed that LESSEE's ability to use the Premises is contingent upon its obtaining after the execution date of this Agreement all bf the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or Local authorities as well as satisfactory soil boring tests which will pernut LESSEE use of the Premises as set forth above. LESSOR sha11 cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to the proposed use by LESSEE. In the event that any of such applications for such Govemmental Approvals should be finally rejected or any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by govemmental authority or soil boring tests are found to be unsatisfactory so that LESSEE in its sole discretion will be unable to use the Premises for its intended purposes or the LESSEE determines that the Premises is no longer technically compatible for its intended use, LESSEE shall have the right to terminate this Agreement. Notice of the LESSEE's exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and sha11 be effective upon the mailing of such notice by the LESSEE. All rentals paid to said termination date shall be retained by the LESSOR. Upon such termination, this Agreement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each party to the other .SO116 Halcyon-So[o Sports\OS-22-02 Lease Clean.doc 3 I _f hereunder. Otherwise, a11 the Parties shall have no fiuther obligations including the payment of money,to each other. 7. TAXES. LESSEE shall pay any personal property taaces assessed on, or any portion of such ta�ces attributable to, LESSEE' s communications facility or use and occupancy of the Property. LESSOR shall pay when due all real property taxes and all other fees and assessments attributable to the Property. LESSEE shall pay, as additional rent, any increase in real property taa�es levied against the Property which is attributable to LESSEE' s use of the Property upon producUon of documentazy proof of such increase to LESSEE. In the event one party fails to comply with the requirement to pay ta�ces or any other legal requirement and that noncompliance interferes with the other party's rights under this Agreement, the compliant pazty will have the right after ten (10) days written notice to the noncompliant pazty to takes steps necessazy to effect compliance. All costs and expenses incurred by the compliant party in effecting compliance will be either charged to the LESSEE, in the event the LESSEE is the noncompliant pazty, or offset against the Rent in the event the LESSOR is the noncompliant pazty. 8. INDEMNITY: INSURANCE. (a) Indemni . This Agreement is made upon the express condition that LESSEE shall indexnnify, defend, keep and save harmless LESSOR, and its directors, officers, agents and employees against any and a11 suits, claims or acrions, and any losses, costs or damages (including reasonable attorneys' fees), arising out of any injury or injuries to, or death or deaths of, persons or damage to property that may occur, or that may be alleged to have occurred, from any cause or causes whatsoever, in any way resulting from LESSEE's use or occupancy of the Premises during the term of this Agreement, including any extension term or during any holdover tenancy thereof, except to the extent caused by the proven negligence or willful misconduct of LESSOR, its directors,officers,agents and employees. (b) Insurance. (i) Worker's Comuensation. LESSEE shall procure and maintain at all times during the term of this Agreement, any extension term and any holdover tenancy thereof Workers' Compensation Insurance in conformance with the laws of the State of California and Federal laws where applicable as well as Employers' Liability Insurance in an amount not less than One Million Dollars ($1,000,000)per accident or disease. (ii) Bodilv Injurv Death and Pronertv Damage Liabilitv Insurance. LESSEE shall also procure and maintain at all times during the term of this Agreement, any extension term and any holdover tenancy thereof comprehensive broad form General Public Liability Insurance (including automobile operation) covering LESSEE and LESSOR for any liability azising out of the use of, or occurring in, on, or about the Premises. The policy(ies) shall include coverage for all vehicles, licensed or unlicensed, or off the Premises, used by or on .80116 Halcyon-So[o Sports\OS-22-02 Lease Clean.doc 4 l behalf of LESSEE or Sublessee during the term of this Agreement or hoidover tenancy thereof. The policy(ies) shall be subject to a limit for each occurrence of One Miliion Dollars ($1,OOQ000) naming as an additional insured, in connection with LESSEE's activities, LESSOR, its officers, employees, and agents. The Insurer(s) shall agree that its policy(ies) is Primary Insurance and that it shall be liable for the full amount of any loss up to and inciuding the total limit of liability without right of contribution from any other insurance covering LESSOR. Inclusion of LESSOR as an additional insured shall not in any way affect its rights with respect to any claim, demand, suit, or judgment made, brought, or recovered against LESSEE. Said policy sha11 protect LESSEE and LESSOR in the same manner as though a sepazate policy had been issued to each; but nothing in said policy shall operate to increase the Insurer's liability as set forth in the policy beyond the amount or amounts shown or to which the Insurer would have been liable if only one interest had been named as an insured. (iii) Fire and Extended Coverage Insurance. LESSEE shall maintain a policy of standard fire and extended coverage insurance on its improvements to the Premises. Upon commencement of the initial term, LESSEE shall provide LESSOR with Certificates of Insurance, with provisions stating that coverage shall not be reduced, suspended or cancelled except after thirty(30)days prior written notice has been given to LESSOR. 9. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained herein, and provided LESSEE is not in default hereunder and shall haue paid all rents and sums due and payable to the LESSOR by LESSEE, LESSEE shall have the right to terminate tlus Ageement upon the annual anniversary of this Agreement provided that six (6) months prior notice is given the LESSOR. 10. INTERFERENCE. LESSOR agrees that LESSOR.and/or any other tenants of the Property who currently have or in the future take possession of the Properry will be permitted to install only such radio equipment that is of the type and frequency,which will not cause measurable interference to the existing equipment of the LESSEE. (a) LESSEE shall construct, maintain and operate the Premises and improvements thereon in such a manner that will not cause interference to LESSOR including, but not limited to, LESSOR's re-broadcaster for its fire,police and other public safety departments, and other lessees or licensees of the Property. All operations by LESSEE shall be in compliance with all Federal Communications Commission("FCC") requirements and all applicable laws. (b) Subsequent to LESSEE's construction, installation and operation of improvements in the Premises, LESSOR sha11 not permit itself, its lessees or licensees to instail new equipment on the Property contiguous thereto owned or controlled by LESSOR, if such equipment will cause interference with LESSEE's operations. In the event interference occurs, LESSOR agees to take all reasonable steps necessary to eliminate such interference, in a .80116 Halcyon-Soto Sports\OS-22-02 Lease Clean.doc 5 reasonable time period. Notwithstanding anything herein to the contrary in the event LESSOR fails to comply with this paragraph, LESSEE's sole remedy is to terminate this Agreement. Notwithstanding anything herein to the contrary, in the event LESSOR fails to comply with this section,LESSEE's sole remedy is to terminate this Agreement. 11. REMOVAL UPON TERMINATION. LESSEE, upon termination of the Agreement, shall, within ninety (90) days, remove its building(s), antenna installation(s) (except footings), fixtures and all personal property and otherwise restore the Premises to its original condition, reasonable weaz and teaz and casualty excepted. LESSOR agrees and acknowledges that all of the equipment, fixtures and personal property of the LESSEE shall remain the personal property of the LESSEE and the LESSEE shall have the right to remove the same, whether or not said items aze considered fixtures and attachments to real property under applicable law. If such time for removal causes LESSEE to remain on the Premises after termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment term,until such time as the removal of the building, antenna structure, fixtures and a11 personal properry are completed. 12. RIGHTS UPON SALE. Should the LESSOR, at any time during the term of this I Agreement, decide to sell all or any part of the Properry to a purchaser other than LESSEE, such ' sale shall be under and subject to this Agreement and LESSEE's rights hereunder, and any sale by the LESSOR of the portion of this Property underlying the right-of-way herein granted shall be under and subject to the right of the LESSEE in and to such right-of-way. 13. OITIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and performing the covenants shall peaceably and quietly have,hold and enjoy the Premises. 14. TITLE. LESSOR covenants that LESSOR is seized of good and sufficient title and interest to the Properiy and has full authority to enter into and execute this Agreement. LESSOR further covenants that there aze no other liens,judgments or impediments of title on the Property or affecting LESSOR's title to the same and that there aze no covenants, easements or restricrions which prevent the use of the Premises by the LESSEE as set forth above. 15. INT'EGRATION. It is agreed and understood that this Agreement contains all agreements,promises and understandings between the LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either the LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in wriUng and signed by the Parties. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall .80116 Halcyon-SoW SporLS\OS•22-02 Lease Clean.doc 6 � P have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, either in law or in equity. 16. GOVERNING LAW. This Agreement and the performance thereof shall be govemed, interpreted, construed, and regulated by the laws of tkie State in which the Property is located. 17. ASSIGNMENT. This Agreement may be sold, assigned or transferred by the LESSEE without any approval or consent of the LESSOR to the LESSEE's principal, affiliates, subsidiaries of its principal; to any entity which acquires all or substantially all of LESSEE's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization; or to any entity which acquires or receives an interest in the majority of communication towers of the LESSEE in the mazket defined by the Federal Communications Commission in which the Property is located. As to other parties, this Agreement may not be sold, assigned or transferred without the written consent of the LESSOR. LESSEE may subiet the Premises within its sole discretion, upon notice to LESSOR. Any sublease that is entered into by LESSEE shall be subject to the provisions of this Agreement including, but not lnnited to,the provisions for payment of additional monthly rent as stated below, and shall be binding upon the successors, assigns, heirs and legal representatives of the respective parties hereto. In the event LESSEE subleases any portion of the Premises to any parly which is not a permitted assignee as described above, in accordance with this Agreement, any rental paid by any Sublessee(s) shall be divided between the LESSOR and the LESSEE in the following manner: fifty percent (50%) to LESSOR and fifty percent (50%) to LESSEE. Any Sublessee shall be instructed to pay the faregoing percentage amounts directly to the LESSOR and the LESSEE. The LESSEE shall not be responsible to the LESSOR for the collection or payment of rents by the Sublessee to the LESSOR, and the LESSEE shall have no liability to the LESSOR in the event of failure of payment by Sublessee. In this event: (i) the LESSEE shall have no liability of any nature to the LESSOR for failure to sublet a11 or any part of the Premises to any or all potenUal Sublessee(s),and (ii) at LESSOR's request, LESSEE will provide LESSOR with a tri-party agreement to be executed by the LESSEE, it's Sublessee, and LESSOR to confirm direct payment obligation from the Sublessee to the LESSOR and to indicate LESSOR has been notified of the sublease. It is understood and agreed by the Parties that the foregoing rental percentage amounts shall only apply if the LESSEE is able to accommodate a11 of Sublessee's facilities within the Premises. If the LESSEE is unable to accommodate any or part of Sublessee's facilities within the Premises, then LESSOR may enter into an agreement with the Sublessee for a portion of the Property that Sublessee requires to locate its facilities. In this event, LESSOR shall receive 100% of the rental, negotiated by the LESSOR and Sublessee, for the portion of Sublessee's facilities that aze located on the Property outside LESSEE's Premises. 18. NOTICES. All notices hereunder must be in writing and sha11 be deemed validly given if sent by certified mail, retum receipt requested or by commercial courier, provided the .S0116 Halcyon-Soro Sports\OS-22-02 Leaze Clean.doc � courier's regulaz business is delivery service and provided further that it guazantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): LESSOR: City Manager, City of Arroyo Grande P.O. Box 550, 214 Ash Street Arroyo Grande, Califomia 93421 LESSEE: GTE Mobilnet of Califomia Limited Partnership d/b/a Verizon Wireless 180 Washington Va11ey Road Bedminster,New Jersey 07921 Attention: Network Real Estate Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 19. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representatives, successors and assigns of the Parties hereto. 20. SUBORDINATION AND NON-DISTLJRBANCE. At LESSOR's option, this Agreement shall be subordinate to any mortgage or other security interest by LESSOR which from time to time may encumber all or part of the Properry or right-of-way; provided, however, every such mortgage or other security interest shall recognize the validity of this Agreement in the event I of a foreclosure of LESSOR's interest and also LESSEE's right to remain in occupancy of and have access to the Premises as long as LESSEE is not in default of this Agreement. LESSEE shall execute whatever instruments may reasonably be required to evidence this subordination clause. In the event the Property is encumbered by a mortgage or other security interest, the LESSOR immediately after this Agreement is executed, will obtain and fiunish to LESSEE, a non-dishxrbance agreement for each such mortgage or other security interest in recordable form. In the event the LESSOR defaults in the payment and/or other performance of any mortgage or other security interest encumbering the Property, LESSEE, may, at its sole option and without obligation, cure or correct LESSOR's default and upon doing so, LESSEE shall be subrogated to any and all rights,titles, liens and equities of the holders of such mortgage or securiTy interest and the LESSEE shall be entitled to deduct and setoff against a11 rents that may otherwise become due under this Agreement the sums paid by LESSEE to cure or correct such defaults. 21. RECORDING. LESSOR agrees to execute a Memorandum of this Lease Agreement which LESSEE may record with the appropriate Recording Officer. The date set forth in the Memorandum of Lease is for recording purposes only and beazs no reference to commencement of either term or rent payments. .80116 Halcyon-Soro Sports\OS-22-02 Leaze Clean.doc g � { 22. DEFAULT. In the event there is a default by the LESSEE with respect to any of the provisions of this Agreement or its obligations under it, including the payment of rent, the LESSOR shall give LESSEE written notice of such default. After receipt of such written notice, the LESSEE shall have fifteen (15) days in which to cure any monetary default and trurty (30) days in which to cure any non-monetary default, provided the LESSEE shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than tlurty (30) days and the LESSEE commences the cure within the thirty(30) day period and thereafter continuously and diligently pursues the cure to completion. The LESSOR may not maintain any action or eY�'ect any remedies for default against the LESSEE unless and until the LESSEE has failed to cure the same within the time periods provided in this Pazagraph. 23. ENVIRONMENTAL. LESSOR represents that, to the best of LESSOR's knowledge, the Premises have not been used for the generation, storage, treatment or disposal of hazardous materials, hazazdous substances or hazardous wastes. In addition, LESSOR represents that, to the best of LESSOR's knowledge, no hazardous materials, hazardous substances, hazardous wastes, or underground storage tanks aze located on or neaz the Premises. LESSEE will not bring onto or store on the Premises hazazdous materials, hazazdous substances or ! hazardous wastes. Notwithstanding the immediately preceding sentence, LESSOR and LESSEE acknowledge that LESSEE shall be utilizing and maintaining on the Premises sealed batteries, propane/dieseUgasoline, HVAC system, and a halon/FM200 fire suppression system and that the use and maintenance of such items shall not constitute a violation or breach of this pazagraph. LESSEE shall be responsible for and shall indemnify and hold hannless LESSOR from any and all liabilities and damages, including but limited to removal costs, arising out of any environmental damage caused by LESSEE. 24. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot reasonably be expected to be repaired within forty-five (45) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days,then LESSEE may at any time following such fue or other casualty, provided LESSOR has not completed the restoration required to permit LESSEE to resume its operation at the Premises, temunate this Lease upon fifteen (15) days written notice to LESSOR. Any such notice of termination shall cause this Lease to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Lease and the Patties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Lease. Notwithstanding the foregoing, all rental shall abate during the period of repair following such fire or other casualty. 25. CONDEMNATION. In the event of any condemnation of the Properiy, LESSEE may terminate this Lease upon fifteen (15) days written notice to LESSOR if such condemnation may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty- five (45) days. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the antennas, equipment, its relocation costs and its damages and losses (but not for the loss of its leasehold interest). Any such notice of termination .80116 Halcyon-Soto Sports\OS-22-02 Lease Clean.doc 9 shall cause this Lease to expire with the same force and ef�ect as though the date set forth in such notice were the date originally set as the expiration date of this Lease and the Parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Lease. 26. SUBMISSION OF LEASE. The submission of this Lease for examination does not constitute an offer to lease the Premises and this Lease becomes effective only upon the full execution of this Lease by the Parties. If any provision herein is invalid, it sha11 be considered deleted from this Lease and shall not invalidate the remaining provisions of this Lease. Each of the Parties hereto warrants to the other that the person or persons executing this Lease on behalf of such Parry has the full right, power and authority to enter into and execute this Lease on such Party's behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal ef�ect of this Lease. 27. APPLICABLE LAWS. LESSEE shall use the Premises as may be required or as permitted by applicable laws, rules and regulations. LESSOR agrees to keep the Property in I conformance with a11 applicable, laws, rules and regulations and agrees to reasonably cooperate with the LESSEE regazding any compliance required by the LESSEE in respect to its use of the Premises. 28. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement which require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration. 29. CAPTIONS. The captions contained in this Agreement aze inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be udlized in the construction or interpretation of the Agreement. / / / / / / / / / .80116 Halcyon-Soro Sporis\OS-22-02 Leue Clean.doc 1� � i IN WITNESS WHEREOF, the Pazties hereto have set their hands and affixed their respective seals the day and yeaz first above written. LESSOR: City of Arroyo Grande, a municipal corporation of the State of California By: Name: Michael A. Ladv, Mavor ATTEST: By: Name: Kellv Wehnore. Director of Administrative Services/Den. City Clerk APPROVED AS TO CONTENT: By: Name: Steven Adams, Citv Mana¢er APPROVED AS TO FORM: ' By: Name: Timothv J Cazmel. Citv Attornev LESSEE: GT'E Mobilnet of California Limited Partnership,d/b/a Verizon Wireless By: Cellco Partnership, its general partner By: Robert F. Swaine West Area Vice-President—Network .80I 16 Halcyon-So[o Sports\OS-22-02 Leaze Clean.doc 1 1 Exhibit "A" (Legal Description of Property) That portion of Lot 106 of the Corral de Piedra, Pismo and Bolsa de Chemisal Ranchos, in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to map surveyed by Jas. T. Stratton, September, 1873, and filed for record in Book A, Page 65 of Maps, in the office of the County Recorder of said County, described as follows: Beginning at the Southwest corner of land described in deed to Conrad Grieb, recorded January 7, 1894 in Book R, Page 404 of Deeds; thence West, 24.88 chains; thence North, 1 1 chains 41 1/2 links; thence East, 34.88 chains; thence South, 1 1 chains 41 1/2 links to the point of beginning. Assessor's Parcel No: 077-121-004 i .80116 Halcyon-Soto Sports\OS-22-02 Lease Clean.doc ] i i Exhibit"B" (Description of Premises) : See attached A-i Site Plan � I { t � � i i e Lp € 9 �� �� h ; i 4....a., e • -=-�— ,�,�- � _ � —.R.� -- f � 't�� � � —.—._.._._. � 9, �I� i�� � � �� �� 0 ao, � � � � p � '� p 4 I 1 ��� 7 � � �� �� � ��� �� � " � � � a I � �� � � ��� o i � aR I � � "i.rt'mk I� � �ia i �F i � ; �.--.—.5.-•-_.-_.�_.-_-_._ I , � I � a� -----. $ �__._ __ a - 4 ____�_� _�_�. �_r_._.�._ }------7` -------- ---��_��-�-- � � ��; 1 �—� � � ° �� �, ; ; � � &� __._. � �� , � � � l.% I ' � � 9�� /\ �,-'� � �? J it p � � ��i5�9 � / ��S I a --� � —= � � � 7 � � � � e � �� ��� ,,1����;' �� '"�. � � �a� �;� "QI- 8�� f aii sd�. ,- a s��� ' , � � „-'�' �� �„� r ' ,%` �;� �,, / ��� ,; '1i;J a�8 ( �R ii� �� } � nno.ca��waw �. I D ����I`III II� �'��I�� HALCYON I ,�_ I1�1 R `� I E�!l���� � 5, s� �,,, ARROYO G N��DE.�G 9�42� verlZOn wireless i�;.��o� �'1 6 ru wa.v�.0 ��d. 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I � i -.�.__-- i , � � � - �—�--�---�---�-- �°��_.b,. .�,� I ' �' �� � ��� �..d, �� �$ � �6 � i tl� ---�—.-- , � � r—;....--, � , r � j �� ����a ��� ��� ; , � �.. ��� � � � � � � � � { � � G � ,y,,.arm.�� &� i � � § p 'w� 9 � y f � ,�� � � �, e� i ��...,.. : � ,� � ��� ri � y� :i�� �� t�� i�. d� I S� 9~—,. :J ✓s I C�k'°'a' � I j I � I � + "�__"���°° a . � P p � � �,�.m.M-�� %/ �$ i � a� � e � �' � �' ��1�i7Pd" Y t � /� Po� �mgCejd� y t I i�F� 1 /� �a�•�w .. .._..'^�+!'�. y � � � r F �..+�. � � 4`� x n h ��xa �"g r g � • �° CrownCastle YCE � � ,�'�� � f a s,o�.,�,�os�,�, �,.�.�,.,m..,,,, ver�Zon wireless �^e � i E Sanu Bvbare,CA 9J/01 e ,• r..aw.��4... pRROY� v■�■ O� �'� , INCORPORATED y2 F " " MEMORANDUM # ,nxr io, �e�i * c4��FORN�P TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER� SUBJECT: DESIGNATION OF VOTING DELEGATE AND ALTERNATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE, OCTOBER 2 — 5, 2002 DATE: AUGUST 27, 2002 RECOMMENDATION: It is recommended the City Council appoint Council Member Ferrara as the voting delegate and Council Member Dickens as the alternate delegate for the League of California Cities Annual Conference. FUNDING: There is no fiscal impact with the appointment of voting delegates. DISCUSSION: This year's League of California Cities Annual Conference is scheduled for Wednesday, � October 2nd through Saturday, October 5th in Long Beach. One important activity of the � Conference is the annual business meeting on Saturday, October 5t" at 10:15 a.m. when the membership takes action on Conference resolutions. Annual Conference resolutions guide Cities in their efforts to improve the quality, responsiveness, and vitality of local government in California. � i League bylaws state that "any official of a Member City may, with the approval of the i City Council, be designated the City's designated voting delegate or alternate delegate � to any League meeting. Designated voting delegates (or their alternates) registered to ; attend the Annual Conference constitute the League's General Assembly." f Council Member Ferrara and Council Member Dickens are registered to attend the ` conference. In discussions with them, they have agreed to recommend Council t Member Ferrara as the voting delegate and Council Member Dickens as the alternate. � � j League of California Cities ww���.�a<«;e�o�x � � se«e�c«;es—.a se«e<<;re �EC�iV EfJ _: e,;;:� � : 2�02 June 12, 2002 J ,;�e `��,�- c_r_':i�llC�iE� ..��A���T`-^., _ To: The Honorable Mayor and City Council From: Beverly O'Neill, League President, Mayor, Long Beach Re: Designation of Voting Delegate for League Annual Conference This year's League Annual Conference is scheduled for Wednesday, October 2 through Saturday, October 5, 2002, in Long Beach, California. One very important aspect of the annual conference is the annual business meeting where the membership takes action on conference resolutions. Annual conference resolutions guide cities and the League in our efforts to improve the quality, responsiveness and vitality of local government in California. It is important that all cities be represented at the annual business meeting on Saturday, October 5, at 10:15 a.m. at the Long Beach Convention Center. League bylaws state that "Any official of a Member City may, with the approval of the city council, be designated the city's designated voting delegate or alternate delegate to any League meeting. Designated voting delegates (ortheir alternates) registered to attend the Annual Conference constitute the League's General Assembly." To expedite the conduct of business at this important policy-making meeting, each city council should designate a voting representative and an alternate who will be registered at the conference and present at the annuai business meeting. League bylaws provide that each city is entitled to one vote in matters affecting municipal or League policy. A voting card will be given to the city official designated by the city council on the enclosed "Voting Delegate Form." Please complete and return the enclosed "Voting Delegate Form" to the Sacramento office of the League at the earliest possibie time (not later than Friday, September 6, 2002), so that proper records may be established for the conference. The voting delegate may pick up the city's voting card at the designated Voting Card desk located in the League registration area. The voting procedures to be followed at this conference are printed on the reverse side of this memo. Your help in returning the attached "Voting Delegate Form" as soon as possible is appreciated. If you have any questions, please call Lorraine Okabe at (916) 658-8236. Headquar[ers Southern California Officc 1400 K Stree[ 602 Eas[Hunting[on Dr.,�tute C Sacrame�to,CA 95814 blonrovia,CA 9L0 L6 916.65SB200 62630�.L315 FAR 9L6.658.8240 FAX 626309.1345 Y �e ;', :' LEAGUE OF CALIFORNIA CITIES 2002 ANNUAL CONFERENCE � � � , � , � VOTING DELEGATE FORM cinr: 1. VOTING DELEGATE: (Name) (Title) 2. VOTING ALTERNATE: (Name) (Title) ATTEST: (Name) (Title) PLEASE COMPLETE AND RETURN TO: League of California Cities Attn: Lorraine Okabe 1400 K Street Sacramento, CA 95814 Fax: (976) 658-8240 Deadline• Fridav September 6, 2002 Policy�acras\votede102.doc - �� �;,� .� � ' -- Leaque of California Cities _ www.cacities.org „ � This was omitted from previous memo: � Designation of Votiag Delegate for Betrer Ci[ies—A Be[[2r Life League Aanual Conference. League of California Cities Annual Conference Votinq Procedures 1. Each member city has a right to cast one vote on matters pertaining to League policy. 2. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. 3. Prior to the Annual Conference, each city should designate a voting delegate and an alternate and return the Voting Delegate Form to the League Credentials Committee. 4. The voting delegate, or alternate, may pick up the city's voting card at the voting card desk in the conference registration area. 5. Free exchange of the voting card between the voting delegate and altemate is permitted. 6. If neither the voting delegate nor alternate is able to attend the Business Meeting, the voting delegate or altemate may pass the voting card to another official from the same city by appearing in person before a representative of the Credentials Committee to make the exchange. Prior to the Business Meeting, exchanges may be made at the "Voting Card"table in the League Registration Area. At the Business Meeting, exchanges may be made at the "Voting Card" table in the front of the meeting room. Exchanges may not be made while a roll call vote is in progress because the Credentiais Committee will be conducting the roll call. 7. Qualification of an initiative resolution is judged in part by the validity of signatures. Only the signatures of city officials who are authorized to use the city's voting card, and who have left a sample of their signature on file for the Credentials Committee, will be approved. 8. In case of dispute, the Credentials Committee will determine fhe right of a city official to vote at the Business Meeting. Glpolicyacres\voteproc02.doc � Headquarters Southern California Office 1400 K Street 602 Eas[Huntington Dr.,Sui[c C Sacmme�to,CA 95814 Monrovia,CA 91016 916.65�.820U 626305.1315 FAF 916.658.8240 PAX 626305.1345 6 [ 8.h. ; � € � o� PRROYpc � � INCONPONATE z MEMORANDUM 0 u m # auw ,o. ia„ y P c4�/FORN� TO: CITY COUNCIL FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: AUTHORIZATION TO CLOSE CITY STREETS AND USE CITY PROPERTY FOR THE 65�' ANNUAL ARROYO GRANDE VALLEY HARVEST FESTIVAL, SEPTEMBER 27-28, 2002 DATE: AUGUST 27, 2002 RECOMMENDATION: It is recommended the City Council adopt the attached resolution authorizing closure of City streets and use of City property and authorize the waiver of City fees/costs for the annual Arroyo Grande Valley Harvest Festival. FUNDING: The event organizers are requesting that the fees/costs for City services necessary to support the event be waived. If the Council approves the waiver of fees/costs, the reduction in revenue is approximately 56,780. Historically, the City has waived fees/costs because the City has served as an unofficial co-sponsor of the event. DISCUSSION: The 65`h Annual Arroyo Grande Valley Harvest Festival is scheduled for September 27-28, 2002, the last Friday and Saturday of the month. Activities will begin on Thursday, September 26, 2002 at 5:00 p.m. and end on Sunday, September 29, 2002 at 10:00 a.m. Activities at the Festival will include entertainment, food and game booths, craft booths, contests, and a parade. The activities are held along Short Street, Olohan Alley, and East Branch Street. The parade is held on East Grand Avenue and East Branch Street between Halcyon Road and Mason Street. The Festival organizers are requesting the closure of Short Street, East Branch Street, and Olohan Alley for food and game booths, craft booths and entertainment, and East Grand Avenue/East Branch, Mason to Nelson Street(s) for the parade. A temporary use permit will only be issued upon approval by the City Council of the request for street closures and use of City property. CITY COUNCIL AUTHORIZATION TO CLOSE CITY STREETS AND USE CITY PROPERTY FOR THE 65`h ANNUAL ARROYO GRANDE VALLEY HARVEST FESTIVAL AUGUST 27, 2002 PAGE 2 ALTERNATIVES: The following alternatives are provided for the Council's consideration: -adopt the attached resolution; -modify the attached resolution and adopt; -reject the attached resolution; -provide direction to staff. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING CLOSURE OF CITY STREETS AND USE OF CITY PROPERTY FOR THE 65th ANNUAL ARROYO GRANDE VALLEY HARVEST FESTIVAL, FRIDAY AND SATURDAY, SEPTEMBER 27- 28, 2002 WHEREAS, organizers of the annual Arroyo Grande Valley Harvest Festival have ( requested closure of City streets and use of City property; and � i WHEREAS, organizers of the annual Arroyo Grande Valley Harvest Festival will be responsible for the removal of all garbage and debris generated by the event. i NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo ' Grande does hereby approve that the following actions are authorized and the ! following described City property may be used for the Harvest Festival: � , 1 . The City parking area behind City Hall from the entrance of Mason Street and i extending to the area of the Gazebo and Short Street for use between the hours ; of 5:00 p.m. Thursday, September 26, 2002 until 10:00 a.m. the morning of � Sunday, September 29, 2002. ' 2. The parking area beginning at the Gazebo and extending westerly to Bridge Street beginning at 1 :00 p.m. Friday, September 27, 2002 until 10:00 a.m. Sunday, September 29, 2002. 3. The use of the City owned Nelson Street property adjacent to Mason Street for various displays and contests from 12:00 noon to 9:00 p.m. on Friday, September 27, 2002 and from 8:00 a.m. to 6:00 p.m. on Saturday, September 28, 2002 for a variety of activities, contests, and displays. 4. The City's electrical service as needed for the lighting of booths, sound system, and contests. 5. The use of the Council Chambers on Friday, September 27, 2002 from 3:00 p.m. to 9:00 p.m. for the Arroyo Grande Masonic Lodge to conduct the Arroyo Grande Harvest Festival Essay Scholarship Contest. RESOLUTION NO. PAGE 2 6. That the northerly half block portion of Short Street between Nelson Street and the Swinging Bridge be posted No Parking from 6:00 am to 5:00 pm on Saturday September 28, 2002. 7. That request be made by the Arroyo Grande Police Department to the State of California Department of Transportation for permission to close a portion of Branch Street, also known as Highway 227, from U.S. Highway 101 to Stanley Avenue, and the closure of entrance and exit ramps of U.S. Highway 101 at East Grand Avenue on September 28, 2001 between the hours of 7:00 a.m. and 1 :00 p.m. 8. That the City Council authorizes closure of a portion of East Branch Street, also known as Highway 227, from U.S. Highway 101 to Stanley Avenue and the closure of entrance and exit ramps of U.S. Highway 101 at East Grand Avenue upon authorization from the State Department of Transportation for said closure. ` 9. That the Arroyo Grande Police Department will control traffic along and around the ' parade route, and police officers will be stationed to give instructions to motorists j on detouring the parade route; and further, the Police Department will restrict ( traffic on Route 227 to one lane and control traffic at the freeway ramps from 9:30 a.m. to 12:00 noon on Saturday, September 28, 2002. ; I BE IT FURTHER RESOLVED, that the following streets shall be closed for the Harvest ' Festival parade on the morning of Saturday, September 28, 2002, beginning at East Grand Avenue and Brisco Road and east to the comer of East Branch and Mason Streets; and Halcyon Road from EI Camino Real to Fair Oaks Avenue from 7:00 a.m. ' to 1 :00 p.m. BE IT FURTHER RESOLVED, that the organizers of the Harvest Festival will adhere to certain requirements and conditions set forth by the Public Works, Police, Parks, Recreation and Facilities, and Building and Fire Departments regarding cleanup and traffic control and all other applicable conditions of a Temporary Use Permit to be issued by the City with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion by Council Member seconded by Council Member and by the following roll call vote, to wit: RESOLUTION NO. PAGE 3 AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 27`h day of August 2002. � � ; � I i I RESOLUTION NO. PAGE 4 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: � � I STEVEN ADAMS, CITY MANAGER '� APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY EXHIBIT "A" CONDITIONS OF APPROVAL TEMPORARY USE PERMIT CASE NO. 02-021 ARROYO GRANDE VALLEY ANNUAL HARVEST FESTIVAL General Conditions 1 . The applicant shall ascertain and comply with All State, County and City requirements as are applicable to this project. � 2. The event shall occur in substantial conformance with the application � and plans on file in the Community Development Department. ' 3. The event organizers shall comply with all the conditions of City Council i Resolution No. , adopted on August 27, 2002. 4. The applicant shall agree to defend at his/her sole expense any action brought against the City, its agents, officers, or employees because of the issuance of said approval, or in the alternative, to relinquish such ' approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. Parks, Recreation and Facilities Department Conditions 5. The Harvest Festival Committee is to contact the Parks, Recreation and Facilities Department no later than September 13, 2002 regarding the number and location of trash receptacles to be placed in the downtown area. 6. The Harvest Festival Committee is responsible for disposal of its garbage into large trash containers. The Harvest Festival Committee is responsible for providing a small cargo dumpster (20 cubic yards) in addition to required trash containers. 7. The Harvest Festival Committee is responsible for providing trashcan liners for all trash containers. 8. The Harvest Festival Committee is responsible for providing additional restroom supplies for the festival. Should the City provide these supplies, the Harvest Festival Committee will reimburse the City for the cost of these supplies. Public Works Department Conditions 9. Restroom facilities, barricades, signing and detour routes shall be provided by applicant. 10. The event organizers shall provide (pay for) all traffic barricades and delineators. The Public Works Department will place the barricades and delineators. 11 . The event organizers shall place an advertisement in the September 25, 2002 edition of the Five Cities Times-Press Recorder advising residents of street closures. i 12. The event organizers shall provide a 51,000,000 personal liability insurance policy naming the City as additional insured. Proof of insurance shall be submitted to the Director of Administrative Services ten (10) days before the event. 13. The event organizers shall contact the Public Works Department two ' weeks prior to the event to check on the status of street maintenance/construction activities. The Public Works Department may require the event organizers to provide temporary construction (orange plastic) fencing around areas designated as potentially hazardous. Building and Fire Department Conditions 14. All food booths (cooking) must comply with the Fire Department guidelines. 15. A handicapped accessible toilet shall be included where other portable toilets are located. 16. All electrical must be inspected by the Building and Life Safety Division, prior to the event opening. 17. Emergency access must be maintained to the satisfaction of the Director of Building and Fire. 18. The use of generators must be reviewed and approved by the Director of Building and Fire. 19. All tape used for marking the booth locations shall be removed by the event organizers. Police Department Conditions 20. The Police Department shall obtain the necessary permit from Caltrans to close a portion of East Branch Street, also known as Highway 227, from U.S. Highway 101 to Stanley Avenue and the entrance and exit ramps of U.S. Highway 101 at East Grand Avenue. i I f � � � �' r-, o�-c.-2'I ,ARRO►YO GRANDE YALL�'Y HARYEST FESTIYAL � �,FY �F�A�a'�,���,���� P.O. BOX 575 OZ AUG I 5 AM 10� I 2 � ARROYO GRANDE, CA. 93421 . - --- - - 8 f�s- ' August 14, 2002 �o � ;; - ' To: The City Council of Arroyo Grande P��• Re: 2002 Arroyo Grande Harvest Festival T� c: �tte�oFPolic� _ ___------- -- — The 2002 Harvest Festival Committee is now at work planning this year's 65tn annual Harvest Festival. As in years past, we continue to emphasize the FestivaPs goal of providing a positive benefit to our community that can be enjoyed by all those attending. To accomplish this, we strive to encourage participation of local non-profit � organizations and youth groups to join with us. , ' ` Since we do not view the Harvest Festival as a commercia� venture, it is our charge to manage the expenses of the Festival so the fees that are aid b 4 p y participating I organizations will not impact their ability to realize a profit during the Festival. Many of these organizations depend on the funds generated at the Festival to support their � programs through out the year. Also this year we are encouraging donations from sponsors for Harvest Festival activities to assist us in this effort. In the spirit of the Harvest Festival, we again ask the City for its continued support. ; � The date of the 2002 Arroyo Grande Valley Harvest Festival is September 27 and 28, 2002, the last Friday and Saturday of the month. As in the past, the Harvest Festival Committee is requesting the Arroyo Grande City Council to approve our request to allow the participation and coope�ation of the numerous city departments who have provided assistance to the committee for many , years to again work with us to assure the success of this event. We seek the assistance of the Police, Fire, Public Works, Parks and Recreation Departments to assist in the coordination of the activities. These activities will also require the use of following city property: 1. The city parking area behind City Hall from the entrance of Mason Street and extending to the area of the Gazebo and Short Street for use between the hours of 5:00 p.m. on Thursday, September 26 until 10:00 a.m. the morning of Sunday, , September 29. 2. The parking area beginning at the Gazebo and extending westerly to Bridge Street beginning at 1:00 p.m. on Friday, September 27 until 10:00 a.m. Sunday, September 29. � /�. � y �+�� -2- Both of these areas will be used to locate booths for the games, serving of food, and other types of products. At the conclusion of the Festival, we wiil sweep and clean these areas and the areas in the Village impacted by our activities. A commercial cleaning company with assistance of the Boy Scouts wilt be used to accomplish this task. 3. The use of the city owned Village Green adjacent to Mason Street for various displays and contests during the aftemoon and evening of the 27th and during the day of the 28th for a variety of activities, contests and displays. 4. The use of the City Council Chambers on Friday, September 27, 2002 from 3:00 p.m. to 9:OQ p.m. for the Arroyo Grange Masonic Lodge to conduct the first Arroyo Grande Harvest Festival Essay Scholarship Contest. 5. Permission to utilize the City's electrical service as needed during the Festival for the lighting of booths, sound systems, and contests. 6. Closure of the streets, which facilitate the success of the Mnual Harvest Festival Parade on the morning.of Saturday the 28th. As in the past, the parade route begins at West Grand and Halcyon and travels east to its conclusion at the corner of East Branch and Mason Street. The parade steps off at 10:00 a.m. and concludes by 12:00 p.m. While the parade forms and is in progress, other streets are impacted in order to provide traffic flow during this time. The Arroyo Grande Valley Kiwanis Club will again coordinate the Parade and looks forvvard to the assistance from the Police pepartment and other departments of the City for the coordination required for the Parade to be successfuL As 1 have described, the Harvest Festival Committee and the City of Arroyo Grande have and we hope can continue to work together to celebrate our Arroyo Grande Valley Harvest Festival. As Chair of the 2002 Harvest Festival Committee, 1 represent the commiftee in seeking the continued support of the City to grant our request for the City's resources needed for a successful 2002 Arroyo Grande Valley Harvest Festival. Thank you. , Sin�--C�- ������ Wayne Jensen, Chairman of the Board ' 2002 Arroyo Grande Valley Harvest Festival Committee, I � � pRROYp S.�■ ° ��a , INCORVOH�TE�9Z ti v m # au�r m, ian * c4��FORN�P MEMORANDUM T0: CITY COUNCIL FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR ��� SUBJECT: BIDDLE RANCH AGRICULTURAL CLUSTER SUBDIVISION DRAFT EIR COMMENTS DATE: AUGUST 27, 2002 I RECOMMENDATION: The Planning Commission recommends the City Council take no action to support, oppose or comment on the Draft EIR for Biddle Ranch Agricultural Cluster Subdivision project. FUNDING: No City funds or budget impacts would result from either the recommended action or any alternatives other than staff efforts or litigation if opposed. DISCUSSION: When City staff receives an EIR regarding a project outside the City that may involve local impacts, staff typically forwards the proposed comments to the City Council in writing and places the item on a Council agenda for formal direction only at the request of a member of Council. The deadline for comments to this EIR is August 29, 2002. Therefore, it has been included on the agenda since sufficient time for Council review and comment does not exist prior to the next regularly scheduled meeting. The DEIR project description and executive summary are Attachment I, distributed to the Council Members for review and comment. The project location is 2.5 miles northeast of the City of Arroyo Grande near Biddle Ranch Park and involves 4,719 acres owned by Talley Farms, Inc., the applicant. The project proposes a Vesting Tentative Map and Development Plan to allow 87 custom home lots (1 .5 to 2.2 acres each), an equestrian center and other recreational facilities and related subdivision improvements on 168 acres, or under 4% of the total site area. The project would be constructed in two phases, the first west of Lopez Drive and the second to the east near Orcutt Road. The open space and agricultural portions of the site will be placed in an Agricultural Preserve contract and open space easement involving approximately 96% of the site. Although the DEIR considers a broad range of environmental impacts, because the I project is outside the City's planning area, staff and Commission review focused on f � i CITY COUNCIL BIDDLE RANCH AGRICULTURAL CLUSTER SUBDIVISION DRAFT EIR AUGUST 27, 2002 PAGE 2 the three major regional issues identified as Class I, significant and unavoidable impacts associated with the City's 2001 General Plan Update Program FEIR: Traffic, Air Quality and Water Resources. According to the summary and sections of the DEIR, the proposed cluster subdivision would involve Class I impacts to Biological Resources (Pismo Clarkia); and Air Quality (increased vehicle trip miles outside urban area►; and cumulatively Aesthetics (loss of open space and rural character►. The DEIR concludes Water and Wastewater impacts, other Air Quality and Traffic and Circulation impacts are Class II, significant but mitigable. Many other impact issues are also identified as Class II, subject to recommended mitigation and monitoring conditions outlined in the summary and sections of the DEIR. Staff considers the DEIR adequate without need for comment or technical corrections. It is evident that the project will impact at least air quality, aesthetics and biological resources in significant and unavoidable ways. Staff concurs with the DEIR conclusions that Alternative 2, the Mitigated Project, or the No Project Alternative would be more appropriate and "Environmentally Superior." In any event, it is evident that the County would have to adopt Statement of Overriding Considerations if it certifies the DEIR Class I impacts associated with the project and alternatives. The Planning Commission on August 6, 2002 concluded that no City � opposition or support nor comment on the EIR was needed, but that "no comments" i would be transmitted to the County. If the Council considers opposition to the project, it should identify the major reasons and determine whether the DEIR supports those concems. One example would be the addition of 87 homes more than 15 � minutes response time from existing CDF/County Fire Department stations in SLO and ' Nipomo. Many other impact issues could be used, but if the project achieves permanent preservation of the agricultural and open space resources, it may be an i overriding public benefit. i ALTERNATIVES: � The following alternatives are provided for the Council's consideration: ; - Take no action as recommended by the Planning Commission and report no '�! comment on the DEIR to the County; ! � i - Identify specific project concerns and ask the County to include revisions to � the DEIR to address impacts; I ; I - Direct staff and Planning Commission to further study regional or project i impacts and prepare to oppose (or support) the project when the EIR is � complete. : i �'"^ ATTACHMENT 1 Biddle Ranch Agricuitural Cluster Subdivision Projed EIR- Executive Summary EXECUTIVE SUMMARY � This section��m*nari�es the characteristics of the proposed project,alternatives,environmerital impacts,mitigation measures,and residual impacts associated with the proposed project. PROjECT SYNOPSIS , Project Applicant , The project applicant is Talley Farms, Inc. , Project Description _ The Biddle Ranch Agricultural Cluster Subdivision Project is a request by Talley Fazms;Inc.for approval of a Vesting Tentative Tract Map(VTNn to subdivide a 4,719-acre property into 87 residential lots;and Development Plan(DI� to allow for the development of 86 residences, equeshian and other recreational facilities,and assodated improvements. Approximately 4,483 � acres of the site would remain as open space or agricultural lands. Proposed residential lots in the westem portion of the site would have average lot sizes of 1.51 acre,while lots in the eastern portion of the site would have average lot sizes of 2.17 acre. Proposed residenti'al lot development would occvr on approximately 168 acres,or 3.6 percent of the total site azea.The` project is proposed to be develo� in two phases,with each phase having independent services and infrastructure. Thc f irst phase would be developed on the west side of Lopez Drive and is referred to as the West Biddle Cluster. The second phase would be located on the eastern portion of the ranch and is referred to as the East Biddle Cluster. This second phase would be implemented upon completion of the Williamson Act non-renewal period in 2005. It should be noted that a bridge aossing of Aaoyo Grande Creek would be constrncted to � access the existing Talley Farms property at the East Biddle Cluster from Lopez Drive. , Although this creek crossing is not proposed as part of the proposed project,it could be used to access the proposed residential lots. 'ihe project would also include a multi-purpose trail . i alignment roughly 3 miles in length, gencrally flowing the Lopez Drive right-of-way in the ' vicinity of Biddle Park , � � ALTERNATIVES Five.altematives to the proposed project were selected for consideration as follows: '' I . Altemative 1: No Project . i .• Alternative 2: Mitigated Project .. ( • Alternative 3:Reconfigured Project A , ' ' . Altemative 4:Reconfigured Project B ' • . Alternative 5: Reconfigured Project C . . - . . , _ . _- i _� The No Project Altemative is considered environmentally superior overall,since no � development that could result in significant environmental impacts could occur. However,the f No Project Altemative would not preclude future development in the East and West Biddle ,: Cluster site vicinities. The current land use designation that govems these site§would keep the � � County of San Luis Obfspo ES-1 Biddle Ranch Agriculturat Cluste�Subdivision Project EIR Executive Summary / _ _ s.: z � possibility of development open,pursuant to the County's agricultural cluster subdivision � ordinance. Among the other development alternafives;Alternatives 2 and 3 stand out as particulazly ���,�' superior to the proposed project. ..t Alternative 2(the Mitigated Project Altemative)is considered environmentally superior for`"^` �i four of the eight issue azeas,induding biological resources,cultural resources,aesthetics,and % land use. Its most positive attributes aze that it responds directly to impacts identified witti`the proposed project,and is able to avoid or reduce some of them. This altemative would relocate building lots 63,64,69,and 70 as well as setback building envelops on lots 65-68, 71, 72, 7S;arid , 81 such that visual unpacts would either be eliminated or reduced compazed to the proposed project. This alternative aLso relocates lots 17-19,and the access road along the southem - � '• ' boundary of lots 15 and 16 in order to avoid sensitive habitat for Pismo clazkia,creating a reintroduction and propagation reserve (the straight-awned spine flower will aLso be included � in this reserve). Biological mitigation for this project also includes the incremental reduction of E impacts to the Califomia red legged frog (CRI.F) through the relocation of lots 34-38 from their � � , proposed location within prime breeding habitat. : - _ iAlternative 3 (Reconfiigured Project Altemative A),which involves the relocation of residential � lots and associated 'unprovements to the West Biddle Cluster,may also be considered � environmentally superior in certain respects. Its superiority with regazd to aesthetic issues is � based on the fact that the lots proposed in the East Biddle Cluster that are visible from Biddle [ Pazk and Lopez Drive would not be developed. This would result in a reduction in visual 4 impacts. Since units would be shifted to the West Biddle Cluster, development would occur on j less steep slopes located further from fault lines that traverse the East Biddle Quster site. Therefore,this altemative would reduce geological resources impacts when compared to the � proposed project. In addition, this altemative could be considered superior due to the ! avoidance of sensitive CRLF breeding habitat and movement corridors. However,the i occurrences of Pismo clazkia and the straight-awned spine flower in the West Biddle Cluster i would remain impacted. This alternative would also avoid conflicts with existing agricultural i uses in the East Biddle Cluster. i i Alternative 4,which involves the relocation of residenflal lots and associated improvements ' from the West Biddle Cluster to the East Biddle Cluster,is chazacterized by environmental %' impacts that aze both better and worst than the proposed project. This alternative would concentrate units in the East Biddle Cluster,which would increase land use compalibility impacts related to adjacent residential and agricultural uses,but would reduce land use ' - compatibility issues associated with residential development in the West Biddle Cluster azea. The concentration of units in the East Biddle Quster would increase the rate of peak runoff from the East Biddle Cluster,while reducing the peak runoff from the West Biddle Cluster, when compared to the proposed project. Ttus altemative could be considered superior due to , the avoidance of sensitive Pismo dazkia and the straight-awned spine flower,but would result ' in greater impacts on sensitive CRLF breeding habitat and movement corridors. This alternative would result in greater impacts related to geologic stability and agriculture,due to the fault lines,steep slopes,and existing agricultural resources located in the East Biddle �',. ; Cluster azea. � Altemative 5,which involves the relocation of lots within both the West and East&ddle �-.-i, , _ Clusters to reduce site constraints related to biological resources and aesthetics,is chazacterized - County of San Luls Oblspo ES_2 '� �r� � �" , . . ... Biddle Ranch Agriculturel Clustet Subdivision Projed EIR "' '' Executive Summary , . . . _� , by environniental impacts that aze both better and worse than the proposed project:`_This altemative would reduce biological impacts related to Pismo clarkia;a Federally-listed Endangered and State-listed Raze plant species,and would reduce aesthetic and land use compatibility impacts related to views of proposed residences from off-site public viewpoints. Since lots would be relocated closer to feult lines that traverse the East Biddle Quster;this alternative would increase mitigable unpacts associated with geologic liazards:`In addition, this alternative would relocate lots to an area that is located within a recommended agricultural setback azea from existing orchards,which would increase impacts related to agricultural compatibility when compared to the proposed project. ' ' The alternaflves analysis is described in further:detail m Section 6.0,Alternatives: ' _ .,. . . , , - ..:, . ., _ AREAS OF CONCERN : Pursuant to State CEQA Guidelines§15123,this EIR acknowledges the_azeas of controversy, . and issues to be resolved which are known to the County of San Luis Obispo or were raised � during the scoping process. Six comment letters from agencies,including the U.S.Army Corps of Engineezs,State of Califomia Depaztment of Conservation,Native American Heritage Commission,San Luis Obispo County Department of General Services (Pazks and Recreation), � City of Arroyo Grande,and Environmental Center of San Luis Obispo County (ECOSLO)were. i received in response to the NOP. NOP comment letters and.a summary of the comments raised during the public scoping meetings are included in Appendix A of this�IR. _ . ; � Primary environmental azeas of concem raised by the commenting agendes and public include: � �• Impacts on wedands and other protected waters, I; . •3 Disturbance of cultural resources; •: Groundwater impacts; •'• Traffic impacts; i •:• Pazks and trails, ; •: Biological resources; ❖ Water and wastewater capacity; •: Drainage,erosion,and sedimentation;and ', •S Impacts on protected farniland - SUMMARY OF IMPACTS AND MITIGATION MEASURES Table ES-1 identifies project environmental impacts,proposed mitigation measures,and residual _ unpacts. Table ES-2 follows to identify cumulative impacts resulting from buildout of the proposed project in conjunction with the approved and pending cumulative development neaz the project site. Impacts aze organized by classes. Each bolded impact listing also contains a statement of the significance determination for the environmental impact as follows: Class I. Significant and Unavoidable: An impact that cannot be reduced to below the threshold level given reasonably available and feasible miHgaHon measures. Such an impact requires a , Statement of Overriding Considerations to be issued if fhe project is approved per§15093 of the State CEQA Guidelines. ' . _-- __-- --__ . ._ . -- ..... _ _ __ _ .,__ , �.� . , County of San Luls Obispo ES3 Biddle Ranch f�qricultural Cluster Subdivision Rroject EIR `� ' ExecuHve Summary � - --------- -------- ---. _.__.___...:�__��:,: Class II. Significant buf Mirigable: An impact that�rn be reduced fo below the fhreshoId level giaen reasonably available and feasible mitigation.measures.;,Such an impacE requires frnrlings ; to be nrade under§25092 of the State CEQA tGuidel:nes .,. � , ... { . �n: � - .. ._ �,; � -'., :-. . t��:"�t.ta � � .. . f) -:i.1' 1 '�AJ C 'T : � . _ ; , Class III.�Not S:gnificant An impacf,that may be adverse, but does not exceed the threshold�� ' levels and does not requ:re miHgahon measures. Flowever, mingation,measures that could � ,,further lessen the envtronmenfal effect may be.suggesterd if readily available and eanly :,z k r ,wachievable., � � . _ _ ,. -- , � , . > . . . _ . ,�., �r _. ;_ . . ., . , .. . ,,.. , , .. ,_ , _, ; .-.� .: . ,._ . , �' , ' s: . "� ._. Class IV. Beneficial: An effect that tvould reduce extshng enviro"nmental problems or haiards' � ._ _. -r,.. . . � Refer to Section 1.4 of this EIR for a discussion of additionai effects found not to be significant ` . through the Initial Siudy process and additional analyses. Issue areas with effects found not to be • significant include:groundwater quality,surface water quantity,and change to estuarine environments;hazardous materials,groundwater pollution,and other hazards,demand for�� � housing,and use of fuel or enezgy;mineral resources;increases in existing noise leveLs;and - ! exposure of sensiflve receptois to severe noise levels.�� - ��- . , . ,�; ;,;;;, - . . , , .. . . , „ � ;, ,:, � . � _ . .. � �� . .___ s.�;r:��_,:3 . , , ! . _ . . . `l , _ _ , � � ... l . . . , , :, . _. . _ .. . .. , ..�;: • � , . ' , I : � - _ , . � i ! , , � � ! ,__ . . =I ; , � , _ �i , ` , ;: . _ . ; .. ;: . _ _ ,; i : , _ :r;.. , ;. . , . . . . , . _, , „�,., , ., , . : , � :t . . . .. ...... . � _ . ._ .. � . . . . . . . � . i]i:C:l. . i . . - . . �. . . .... . ... . . 1 -. � . _ . r 1' _ . . .. . .) '�' '. ' . 1.. . .. . .. . .... . .. .... .. . . . .... . . �.. . . . _ . .. .. . . . ... . . . , _ - . . . : . . •�. . :: . ..�.i : 1 :1.� �_a�i l,' � l( .....� , • � .. ' ' County of San Luls Oblspo _ __ _...; . ----- -- . _ _.. .- - -�ES-4 - -__— __. . _ - .:; �-' Biddle Ranch Agricultural Cluster Subdivision Projed EIR ;r ;� _ .. _ _ ._ .. _ . __. Executive Summary . .... . : ,:'•��:�. . � . - . . ' � . ..... � Ij�1l:I.y,�-;.. . . _ _ _ Table ES-1. Summary of Project Environmental Impacts, _ . Mitigation Measures, and Residual lmpacts i ` � - "```" -�-�"�� - CLASS IIMPACTS:SIGN/FICANTAND UNAVO/DABLE - ; B/OLOG/CAL RESOURCES lm ct Miti atlon Measures Resfduallm act Impact B�. ConsVuction of the B-4(a) Pismo Clarkia Preservat(on, - The implementation of the above proposed project would impact Salvage,and Relocation. Development of mitigation measures would reduce Pismo Garkia,a federally-listed an open space preserve consisting of impacts: However,since Endangered and state-listed occupied Pismo clarkia habitat on the west individuals of a federally protected Rare plant species,occurting site in concert with the creation of a Pismo special-status plant species would within the project site. This Garkia mitigation and monitoring plan will be be removed, impacts will not be would be considered a Class I, required to protect this species and Rs long reduced to a less than significaM Signifrcant and Unavoida6le term survival. The Pismo clarkia open level. • impact. space preserve shall be established in the northwest portion of the West Biddle Cluster Area. The Pismo clarkia open space preserve shall consist of the currently occupied areas and the appropriate habitat immediately surrounding each occurtence on the west site. A conservation easement shall be placed on the Pismo ciarkia open space preserve by a private land . conservation entiry that will protect and ' manage this species in perpetuity. A setback or buffer zone shall be established around the Pismo clarkia open space preserve to minimize potential edge effects from nearby residential development and roadways. The buffer zone shall cbnsist of 25 to 50 feet of unoccupied Pismo clarkia habitat surrounding the open space presewe. The buffer zone shall be delineated in the field from the closest observed occurrence of individual Pismo . clarkia plants as identified during the follow- up special-status plant surveys. If total avoidance of the Pismo ciarkia , occurtences is not feasible,then the area ' containing the largest occurrence of Pismo clarkia will be set aside as the Pismo clarkia open space preserve, and a mitigation and ' monitoring plan InGuding a salvage and i relocation program for the smaller ' occurrence shall be prepared by a qualified botanist Furthermore,the mkigation and moniroring plan shatl be implemented for � five years following the development of lots and roads in the occurtence areas to ensure the proposed salvage and relocation ' � , � program is successful. The salvage and � � relocation program shall consist of a seed , colieciion,propagation and reintroduction program,and shall be initiated and : implemented in appropriate habitat within ; ' the preserved Pismo darkia open space � area on site. Salvage and relocation � activities will include:seed collection, i pertnination of seed by a qualified � ' "- ° " '— County of San Lu/s Oblspo ES-5 8iddle Ranch Agricultural Cluster Subdivision Project EIR ''ti� Ezecutive Summary _ .� Table ES-1. Summary of Project Environmentai Impacts, � 1 Mitigation Measures, and Residual Impacts ` .a; F ��s;,-i�� i CLASS/IMPACTS:SlGN/FICANT AND UNAVO/DABLE • - - - horticulturist in a nureery setting ._ ,,,I transplanting seedlings and hand „�y+t �?,���; :—"- " '-""` - " ' broadcasting seed into the appropnate -- ______ M _; � __ , _ habitat within the open space preserve,an � w:iFi � '_;i s j t-j_ �,, -- active non-native plant management-" `-- "-- — -- - --.__. ; � program and annual monitoring. The-- � �-t ' ' � - - -- I. -. mitigation and monitoring plan shall at a"' '' , minimum,inciude the followin ''�'� '-`�`� - .. . �,_. :;. , 9�. , ' . , . .�_ .,. . �7_ , _ • The overall goal and measurable ', � objectives of the mitigation and ' ' , monitoring plan; � ` _... • Specific areas proposed for ` '` ' revegetation and tfieir size; _ '. - ' i � Specific habitat management and . ' protection concepts to be used to .: ensure long-term maintenance and protection oi the Pismo Garkia and . ^� other special-status species to be . ; inGuded(i.e.: annual population . census surveys and habitat � �� � assessments;establishmenfof . moniroring reference sites;fencing � � . of Pismo clarkia preserves and signage to identify the -, environmentally sensitive areas;a � C seasonally-timed weed abatement � program;and seasonally-timed � seed collection,propagation,and . - � reintrodudion of Pismo darkia into ' j � specified receiver sites); ; • Success criteria based on the goals and measurable objedives to i ensure a viable Pismo Garkia . � population on the West Biddle • Ranch Development Cluster project in perpetuity; j • An adaptive managertient program - to address both foreseen and unforeseen circumstances relating to the preservation and mitigation ' programs; � � • Remedial measures to address negative impads to Pismo clarkia � _ and its habitat that may occur during construdion ectivities as well as post-construction when dwellings are occupied; • Education Program to inform residents of the presence of Pismo , clarkia and other special-status _ • plants and sensitive biological �. :�•. resources onsite,and to provide . . , methods that residents can employ.� . to reduce impacts to Pismo Garkia s. - � occurrences in proteded open + , s;:; ` space areas; _ - _;�r ;_,. _ - ._.,-: ' - . _ . --------County of San Luts Ob/spo` _ . -. ES_s ------------- - i i� � . . . . . :i'":: .. -MC , .�•! ; „ � _ � BiddleRanchAgriculturalClusterSubdivisionProjectElR _ __ _�.__,_�_. ._ :; r ., -. . Ezecutive Summary . .. _._. . . - .._ . . -3���tiu"S� • Table ES-1. Summary of Project Environmental Impacts, � __ _. _ Mitigation Measures, and Residuat Impacts —� � �_—_- _.___ _ ,--- =�r.-f� �� _ . " CLASS/IMPACTS:SIGNIFICANT AND.UNA.VO/DABLE-------- - ' • Reporting requirements to ensure'= t consistent data collection and "�'' �? reporting methods used by •� =• t monitoring personnel. - ; - ,�: i The primary goal of the mitigaUon and `'� � monitoring plan shali ensure a viable '� population and no-net-loss of Pismo Garkia' � � habitat within the West Biddle Cluster Area.>- � To ensure a no-net-loss of this species,the'='� ` applicant shall create lwo acres of occupied�1 � Pismo clarkia habitat for every one acre of �' : habitat impacted by project development. If monitoring data collected over a severai-" - ' year period detertnine that gross population: ' numbers are consistently declining within ' - the protected areas from the baseline "- population censusing data,then additional ` measures(i.e.: habitat assessments to determine factors influencing low population numbers, erosion control,additional . reintrodudion eHorts, etc.)shall occur to . � ' ensure the long-tertn viability of lhe onsite Pismo darkia occurrences and to reintroduce genetic material collected from extant occurrences within the Biddle Ranch vicinity. : . _ _ ___ _.. ..._ _ _ Bli(b) Follow-Up SpecialStatus Plant Surveys. Prior to the implementation of the - " ,' - � " mitigation and monitoring plan,lhe applicant shall submit to the County an updated ' ` speciat-status plant populatiodsurvey report ' , � of the West Biddle Cluster area conducted . - i by a County approved batanist. The _ ; purpose of the foilow-up speciat-status plant r � surveys is to provide awurate baseline . infortnation for the estabiishment of the ;, " . Pismo Garkia open space preserve and the _ ;� ' � preparation of the Pismo clarkia mitigation ' and monitoring plan for the projecL The follow-up special-status plant surveys will ensure a wrrent and accurate assessment of the numbers of special-status plartt individuals wilhin the Biddle Ranch property ' that will be impaded by development.The ' updated special-status plant survey shall --- -- - --- --- - - detertnine the extent oi the special-status occurrences within the Biddle Ranch , property and quantify the number of ' individuals of each species impacted by the development of the proposed project using accepted scientific methodotogies. The repoR shall ensure that the extent of the ' onsite special-status plant occurrences will be accurately represented on construction site plans. County of San Lufs 06fspo ES-7 Biddle Ranch Agricultural Cluster Subdivision Projed EIR Executive Summary � _ . . __ _. ���� - ^- � - --� --.._ . .}. :.�.-...::i.,_-, � . . _:. - ------____...�._.___.-_.-_. --...___.. � I Table ES-1. Summary of Project Environmental Impacts, • Mitigation Measures; and Residuai Impacts � ;,�;- - ��c�:a: I . . . . _. _CLASS l/MPACTS:SIGNIF/CANT AND UNAVO/DABLE - ' . --- —_ _ ____-----�...____.__ . _ B-4(c) Protective fencing. Temporery �� fencing shall be fnstalled around the P(smo �-- --- -- - --- .-.. � darkia open space preserve pdor to any � - consWdion activities induding,ground disturbance or site grading. Protective ,.., - fencing shall remain fn place throughout the West Biddle Cluster construction period.. , ! ` B-4(d) Worker Education Progrem. � ' Before any grading or consUuction activities. ; � commence,all personnel associated with � '' the projed shall attend a worker education program regarding the sensitive biological --i resources occurring in the projed area(i.e., � Pismo clarWa,other speGal-status plant ; species,and sensitive biological resources). Specifics of this program shall fndude -� identification of Pismo clarkfa and its habRat, :' and careful review of the mitigation � measures required to reduce impacts to this species. A fact sheet conveying this . -� information shall also be prepared for � distribution to all contractors,their • • employers,and other personnel involved , with wnstriiction of the project. The --� Department of Planning and Buitding shall . . � be notified of the time that the appiiqnt intends to hold this meeting. A/R QUAUTY , � Impact AQ-5. The proposed AQ-5(a) Distribution af AltemaUve The imptementation of the above projed is consistent with the land Trensportation Information. The applicaM mitigation measure would reduce i use designations and population shali provide an on-site bulletin board impacts. However,since no 4 assumptions of the San Luis specifically for the posting of bus schedules mitigation measures are feasible to Obispo County Generai Plan. and notices of availability for car-pooling sufficiently reduce vehiGe miles However,due to the distance of and/or shatl distribute such information to traveled assoaated with the the project sRe fram City property owners upon occupancy. The project due to the distance services, project implementation applicant shall be responsible for between the projed site and City ' would result in a substantial maintaining this board and updating it every services,impacts related to � increase in vehicle miles two months. consistency with the CAP would traveied. Therefore,the project remain Class t,significant and is considered to be inconsisteni unavoidable. ' with the 1998 Clean Air Plan � (CAP). This is considered to be � a Class I,significant and ' unavoida6le impact. I � '� . _ _ , _. • . ; � " -CounfyofSanLulsOb/spo' _- --.._ :. _ : r ES-8 - - _ __— -- --�- _` _ . �--r�A" I .. . �_ ..,, .... . Biddie Ranch Agriwltural Cluster Subdivision Project EIR - , ..-, _ ._ — ---. _ — Executive Summary Table ES-1. Summary of Project Environmental Impacts, Mitigation Measures, and Residual Impacts _ _ . ._ _._. . .----__ ____.�.____.�_.. ,. ,, CLASS/I IMPACTS:SIGNIFICANT BUT M!TIGABLE- -�---- B/OLOGICAL RESOURCES Im act Miti ation Measures Residual Im act Impact B-2. Proposed projed B-2(a) Riparian and Wetland Protection. Implementation of the above development would reduce the Implementation of the following measures recommended mkigation measure acreage of locally and regionally would mitigate the loss of riparian/wetland would reduce impacts to a less than� significant vegetation habitat sign�cant level. In addition, communities, including Valley 1. Building enveloped shall be located so obtaining all the required USACE, foothill�parian, Ephemeral that all riparian and weUand habitat is CDFG,and RWQCB pertnits for Drainages and Seasonal bufFered from development (inGuding impads within jurisdiclional areas Wetlands,which may be grading) by an average 54foot setback and implementation of the required considered jurisdictional by the with a minimum setback of 25 feel fuei madification zone restridions ' California Department of Fish 2. The riparian and wetland habitat area would resuk in a no-net-loss of and Game,Regional Water and average 50.foot buffer zone func#ions and values to Quality Control Board,and/or (minimum 2�foot)for preserved ripanaNweUand habitats orrsite. U.S.Artny Corps of Engineers. ripariaNwetland areas shall be shown This is a Class II,significanf but on all grading plans and shall be miGgable impadt. demarcated with highly visible construction fencing for the benefit of contradors and equipment operetors. 3. The applicant shali prepare and submit • for approval to Planning and Building a sediment and erosion control plan that , specificatty seeks to protect waters and ripariaNwetland resources downstream of wnstrudion activities. Erosion � control measures shall be implemented. to prevent runoff into the onsite creeks or drainages. Silt fencing,sVaw bales, and/or sand bags shall be used in conjunction with other methods to ' prevent erosion and siltation of lhe � stream channel. The plan shall also address frequency af sediment removal from basins and IocaGon of spoil disposal. The plan shall specify ' locations and types of erosion and ' sediment control structures and materiais would be used onsite during construction adivities. The plan shall also describe how any and all pollutants originating from construction equipment would be collected and disposed. 4. During construction activities,washing of concrete, paint,or equipment shall occur oniy in areas where polluted water and materials can be contained for subsequent removal from the site. Washing shall not be ailowed near � sensitive biolo ical resources. • ; Counfy of San Luls Oblspo ES-9 Biddle Ranch Agricultural Cluster Subdivision Project EIR • i Executive Summa . , . . . ; ..... ._,,. - , -- -. ._._ . .._ ,,. .::. . � _.�. . _ .__ ._ � ------ _ . .__.__ -'.-- '.t 'ir_-'.,'�-` --�= � , __._ __ ______.. __ _ Table ES-1. Summary of Project Environmental Impacts, � ; • _ Mitigation Measures, and Residuallmp cts�:�"� ._._ `., , ,.:.., ;.,. . r ; :.; Q.::R: , --. -_-_--_ _ _.._ __ CLASS///MPACTS:S/GNIF/CANT BUT M/T/GABLE , -------------,_._.`_----: ' ,,..______ _.__ _.,_._. If impacts to riparian and weGand habitat 4�.s.,� _ - ' are not avoided,the following shali be - . `! ! - , implemented in order to mitigate__.� ��- '-� '- =' .�. �`...:_ , �;"; j . impacts. . — -------_ --- --- ' ` . . ,' , .; ' � _ y: �- ��� � u-a 1 �' < . � ..��.��� �.:�.i ` 5. The applicant shall obtaln a permit from , - � " � � ' ' the U.S.Artny Corps of Engineers ; ` � "' ' , '. " � ' pursuant to Section 404 of the Clean. , � � � � `' Water Act,a water quality certification � � �' `'� % i from the Regional Water Quality Control '' � � j � ' Board(RWQCB)pursuant to Section ' ' ' , 401 ofthe Clean WaterAct,and a ' ' - '` Streambed Alteration Agreement from ! the Calffomia Department of Fish and ' " I Game pursuaM to Sedfon 1600 et seq. " of the Califomia Fish and Game Code ' � for any grading or fill activily within � drainages and wetlands. It is ' recommended that the applicant contad ' these agencies prior to final plan . . submittal in order to incorporate any ' : additional requirements into the project , design. As part of the permitting procesS,the applicant will be required to provide a • ; ' compensatory habitat creatioNrestoration program to mitigate impacts to jurisdictional areas. The plan shall be written and implemented by a qualified biologist, and ! shall at a minimum include the following � components: - i 1. Mitigation plantings for the loss of ! existing wetland and riparian habkat shali be located in the drainages that _, ' are proposed to be modified or I � preserved as part of the proposed ! project to the futlest extent feasibie. • The compensatory program must provide a minimum 2:1 ratio of habitat values and functions to that impaded. ' However, agency permitting may require a higher ratio. 2. As part of the plan,the applicant shall prepare and submit for approval a mitigation-phasing plan to ensure that ' ati restoration plantings are iqplace with -- sufficient irrigation prior to final ; inspedion. , ' • 3. Landscaping shall be with native' ' riparian and wetland species from - -- ,_ .,. .. __ _ - localiy wilected stock. 4. Removal of native species in the creeks/drainages that are to be retained shali be prohibited. - , . 5. Prior to commencement of qrading,the - --- - - -- -- - County of San Lu/s Oblspo ES-10 ___ ..___� �___- _ _ . ::,-,� • i Biddle Ranch AgricuRural Cluster Subdivision Project EIR __ ._.._ __. . . ,�_: . Execut(ve Summary _ __-. � . . .,....,. .. '.'.=. .a.�;�,. . . � . Table ES-1. Summary of Project Environmental Impacts, Mitigation Measures, and Residual Impacts _ �__. _ --- ..__ _ -_ . _. __._.__._----._. � , _.. ,._ „ " " � CLASS ll IMPACTS:SlGNIF/CANT BUT M/T/GABLE `� --"�—`—`-� ` applicant shail file a performance ' . securiry with the County to complate ' restoration and maintain plantings'for a five(5)year period. 6. Outlet structures shall minimize disturbance to the natural drainage and avoid use of hard bank structures. '� Where erosion of outlet strudures is a concem and bank stabilization must be utilized, bioengineering techniques (e.g.,fiber mats and rolls,willow wattling, and natural anchors)shall be used for bank retaining walls. If . . conaete must be used,then pretabricated uib wall construction shali be used rather than pouring concrete: Rodc grouting shail only be used if no ' other feasible altemative is available as detertnined by Planning and Building. 7. The aeek bottoms shall not be dlsturbed or altered by installation of any drain or oullet struclure. - - Und�sturbed naturel rocks imbedded in _ __ __ _ the stream bank shall be utilized as a base to Ge in riprap if available; 8. A preax trap and/or silt basin shall be inatalled in all drop iniets Gosest to the aeek to prevent oil,silt and other debris hom entering the creek. Such , Uaps/basins shall be maintained and j deaned out every spring and fall to � preveM ovarflow situations and polential mosquito habitats from ' ' fortning. The homeowners associalion ' - ahall be responsible for grease Vap � andlw silt basin maintenance activities; and � 9. Construdion envelopes shall be , - restr�cted to those areas shown on site ' Grading Plans in order to avoid impacts ' - to natrve vegetation and sensitive habitata. Envelope boundaries shali be - staked fn the field. Construdion envelopes shail be shown on ali grading and building plans. - B-2(b) TntURiparian Separation Features. . The proposed Vail alignment, where it would be adjacent to riparian areas east of Biddie Park, shall incorporate the foliowing design . features to minimize any potential impad ta the adjacent riparian area . Trail Alignment. The trail shall use_ .'�� � - existing disturbed pathways where z<= '° feasible. . - i �, , � ' . Fencing. Riparian areas shall be set off '- _. . - -, .___ ._---- --�- . . ---� - �- -- - from the trail aiipnment by fencin that - -�-� �� �� - �---- �-�- — � --�=�� County of San Luis Obispo ES-11 Biddle Ranch/\qricultural Cluster Subdivision Project EIR ''+., J Ezecutive Summa : _ � _ ,., � , _ _. _ _ _ _ .._. . _ �__. �._ �_>t� ,_ � � Table ES-1. Summary of Project Envlronmental Impacts, . Mitigation Measures, and ResidualJmpacts ir';�s . � . � ��,'•� „�',�:.,.�, � ^� . _ _.. . _ ___ .,---.. CLASS///MPACTS:SlGNIF/CANT BUT M/T/GABLE � discourages users from entering the � 2= : c;s�,y;y — �' --- - _ _ -- - - _ __ _. riparian area. _.._._ �� -- _._.... • SetbackBuffer. Where possible ,: � { landscaping shali be inGuding along fencing that discourages trail users from entering the riparian area. Landscapin9 ; . "� shall be compatible wfth ad provfde,, � enhance to the adjacent riparian habitat. Landscaping shall use native . vegetation. �-� B-2(c) Natural Dratnage Feature Crossings. Natural Drainage Feature Crossings. The proposed trail alignment ^j crosses four natural dreinage swales on the � East Biddle dustec For development at � these locations, the applicant shall consult with the Department ot Fish and Game in �! . designing this stretch of the treil. Where � appropriate, and if there is conwrrence with DFG, pre-engineered boardwalk structures can be constructed to minimize potent(ai � disturbance within the lowest portion of these draina es. Impact B3. The proposed B-3(a) Pre-construction Survey and The implementation of the above project would result in the Tree Protection P.lan. A qualfied mitigation measures would reduce removal of an unknown number arborist/botanist shall inventory all trees impacts to individual oak trees to.a E of native coast live oak trees within 100 feet of the limits-of-grading and less than sign�cant level. within the project site. This is provide measures to ensure the required � considered a Class II, significant replacement ratios per County Guidelines � butmitigable impact. are achieved,and that remafNng oak trees ' are adequately protected during construdion � activities. In addition,the project arborisUbotanfst shalt monitor construdion ! activities and enforce an approved tree protection plan. Tree protection guidelines and a root protection zone shatl be . established for each tree to be preserved. The outer edge of the tree root zone is 1.5 . times the distance from the trunk to the dripline of the tree. The project arborisUbotanist must approve work within � the root protection zone. Repiacement ptantings shatl be from regionaily-or locatly-collected seed stock grown in vertical tubes or deep one=gatlon tree pots. Replacement trees shail be installed on the north side of and at the ' canopy/dripline edge of existing mature ;. native oak trees;on north-facing slopes; `r ' within drainage swales(except when riparian habitat present);where topsoil is - - present;and away from continuously wet � areas(e.g,lawns, leach lines,etc). A .."; i seasonally timed maintenance program and appropriate browse protedion will be � - . developed for all oak tree plantin areas on , __.. ,a,____ __. ES-12 � " °�-County of San Luls Obispo _ . \ -- _. . . . � `�:;r€.� . r Biddle Ranch Agricuftural Guster Subdivision Projed EIR _.. _ , .._._. _ .` Executive Summary Table ES-1.. Summary of Project Environmental�impacts, _ ___ Mitigation Measures, and Residuat Impacts _.._ _ _ -_._. ___._. .s :°,,. __. _, CLASS ll IMPACTS:SIC�NIF/CANT BUT M/T/GABLE _" - " - the project site. A qualified arborisUbotanist.; _ shall be retained to monitor the acquisition, installation,and maintenance of all oak trees to be replaced on the project site. Replacement trees shall be monitored and r. maintained by a qualified arborisUbotanist ._ for at least three years or unUl the trees • have successfully established as determined by the County's Environmental Coordinator. Annual monitoring reports will be prepared for the County that evaluates oak tree survivability and vigor. All trees planted as mitigation shall have a 100%survival rate after five years. If any , , trees planted as mitigation do not survive five years,the replacement mitigation trees shall also have a survival rate of 100%after five years from date of pianting. Impact B-5. ConsVudion of the B-5(a) Straight-Awned Spineflower and The imptementation of the a6ove . proposed project would impact California Spineflower Monitoring Plan, mitigation measures would reduce rare special-statu"s plant species Prior to the issuance of any grading permits, impads to a less than significant not formally listed by the federal a mitigation and monitoring plan that 1eveL or state govemment occurcing addresses impacts to all special status plant within the project site. This species, inciuding the straight-awned . would be considered a Class II, spineflower and Califomia spineflower shall, significant but mitigable impact. be prepared and approved by the County of � San Luis Obispo, CDFG,and USFWS. The � detailed mitigation and monitoring plan shall � be developed to protect and enhance the � remaining occurrences of these species and to increase the overall numbers of special- status plants located within the West Biddie Cluster Area. See Impact B3 above for the ' mitigation and monitoring plan's minimum requirementa B-5(b) PalmePsSpineFlowerand California Spineflower Seed Collection and Distribution. Plants in this occurrence will be removed during clearing and grading activities associated with road wnstruction. Both Palmers spineflower and Califomia spineflower are not federaily or state listed species. Like many closely-related species, Palmers spineflower and Califomia spineFlower are easily grown from seed , given appropriate environmental factors _, such as edaphic factors and competition from other plants. Therefore,mitigation tor. impacts to this small occurrence shall = = consist of wllecting seed from impaded ' plants, storing the seed during construction` adivities,and distributing the seed into ` - — appropriate habitat in the vicinity of ' '--'-=� _. .. _. _. ._ __- _._. — �- - colledion once constructian of the roposed- County of San Luis Obispo , ES-13 Biddle Ranch Agricultural Ciuster Subdivision Projed EIR Executive Summa \ � -.—. . ._____......_.. . .._... _.._..._. .. ... r�. _ ,. \ Z Table ES-1. Summary of Project Env7ronmental Impacts, �,A i ' Mitigation Measures, and Residual lmpacts�+�;fi�- - ,:;�:t�3'rs; ;. � CLASS/l IMPACTS:S/GN/FICANT BUT M/T/GABLE � --_____ ._y.___ roadway is complete. :i i"+.�t .:tSH�.!;) ' B-5(c) Follow-Up SpecialStatus Plant �: T� ��'—`—""" ----- ~ Surveys. Prior to the implementation of fhe'" i � special-status plant species mitigation and-=� � � monitoring plan and one calendaryearprior' ` . ' to commencement of ground disturbance,' ?� : the appiicant shall submit to the County an �� � ' updated special-status plant population survey report of the East Biddle Cluster area � `-� conducted by a Counry approved botaNst. ' • ; " ' The purpose of the follow-up special-status ' - plant surveys is to provide accurate baseline informalion for the preparation of the . ^; special-status species mitigation and i monitoring plan for the project. The follow - � up special-atatus plant surveys will ensure a current and aaurate assessment of the � numbers of special-status plant individuals ' � ' within the Biddle Ranch property that will be ' impaaed by deveiopment.The updated ` _ ` special-status plant survey shatl detertnine . �� " tbe extent ot the special-status occurrences within the &ddle Ranch properly and ' quantify tha number of individuals of each ' speciea impaaed by the development of the proposed prqed using accepted sdentific , i methodologies. The report shall ensure that : the extent of the onske special-status plant " occurrances wi�l be accuretely represented ' —i on consVuction site plans. � � B-S(d) Protective Fencfng. The j applicant ahall identify the limRs of road - � construction fn the field and temporary ._.: � fendng ahatl be instalied around the � remaining coastal scrub habitat containing �� I the Palmels apineflower and Califomia � spineflower occurtence prior to any � construdion activities in the vicinfty including ground disturbance or site grading. Protedive fendng shali remain in place ' throughoul construdion activities on the � East Biddie Cluster period. B-5(e) Worker Education Progrem. . Before any grading or construction adivities commence, all personnel associated with ` — the projed shall aftend a worker education ' program regarding the Patmers spineflower t ' and Calitomia spineflower occurrences in the area. The specifics of this program shall — inGude identification of botfi species of ,° ' � spineflower and their habitat,and careful "' � review of the limits of construction required '.' ' to reduce impacts to these species. A faot'" ? . sheet conve inq this information shall also'� ' ._. , i __- ----- " --County of San Lu/s Ob/spo - • . �� ...i : .c@o :. _ ES-14 , --�_----- - �— _----��- � . i i . . �' Biddle Ranch qgricultural Cluster Subdivision Project EIR - Executive Summary � Table ES-1. Summary of Project Environmental Impacts, MitigaUon Measures, and Residual Impacts - --""" � CLASS l!/MPACTS:SIGN/FlCANT BUT MlTIGABLE 1 . be prepared for distribution to all conVactors,their employers,and other personnel involved vrith consVuction of the project. The Department of Planning and Building shall be notified af the time.that the applicant intends to hold this meeting. Impact B-6. Project If feasible,the appticant could redesign the Implementation of this mitigation implementation could result in a proposed improvements,including on-site would result in the . direct take of the Federally removal/relocation of proposed Lots 34-38 issuance of a Biological Opinion Threatened Califomia red-legged and realignment of the project access road and/or preparation of an approved frog and/or the loss of federally near Arroyo Grande Creek,to avold Habitat Conservation Plan that listed CRLF Critical Habitat potential CRLF breeding sites and would ensure that authorization of through grading activities for the movement corrido�s. However,if project Incidental take of the CRLF proposed development, and redesign is infeasible,the following pursuant to FESA would not could fragment the amount of mitigation measures are required to reduce jeopardize the continued existence available habitat potentially used the projecYs direct and indirect impacts on of CRLF. Since the ESA incidental as a mo'vement corridar. This the CRLF: take permitting approval process potential impect is considered a requires implementation of Class II,signi(cant but mitigable, B-6(a) FESA Consultation. The projed wnservation strategies to avoid, impact. applicant shall coordinate with the U.S. Fish minimize, or compensate for and Wildiife Service(USFWS)and U.S. adverse effects of a project to ' Army Corps of Engineers(Corps)and shall leave a species as good as or undertake consultation pursuant to Seciion better than it was before the 7(federal nexus)and/or Section 10(no project,this would be considered a federal nexus)of the Federal Endangered Class II significant but mitigable Species Act(FEMA),as applicable. This impact. As described in Sedion consultation may necessitate preparation of 6.0,Altematives, implementation � a Biological Opinion and/or Habitat of Altemative 2 (Mitigated Project) Conservation Plan for CRLF and their or Altemative 3(Reconfigured habitat. The projed applicant shall Project A)would minimize impacts j implement measures that minimize the related to CR�F and their habitat. projecYs adverse effeds on CRLF. Subject Nevertheless, impacts related to to concurtence by and coordination with the project as currently designed USFWS, required measures may include with the implementation of the the following: above mitigation measures would result in Class II, Significant but • At leasl 15 days prior to the onset mitigable, impacts. of adivities,the applicant or project proponent shall submit the name(s) and uedentiats oi biologists who would conduct activities specified in the foilowing measures. No projed adivities shall begin until proponents have received written approval from the service that the biologist(s)is quaiified to conduct the work. • A USFlNS-approved biologist shall � survey the work site two weeks before the onset of activities. If CRLF,tadpoles,or eggs are found, the approved biologist shail contact 11SFVJS to determine ff moving any of these I'rfe-stages is appropriate. - In making this determination, — --- ------ -! USFWS shalt consider'rfan " " ' - '� County of San Lu1s 06lspo ES-15 Biddle Ranch Agricultural Cluster Subdivision Projed EIR '� r Executive Summa � � ,• _, - �, : _ -- --- __ '_ ',. _ _ _ _ _ .__.��;—' ----= .�c_� ' -� Table ES-1. Summary of Project Environmental Impacts, � Mitigation Measures, and Restdual lmpacts'13:�, .� � , . �u�_�-� �i' 3 ° _ � �L]Id., �. � __. _ CLASS U IMPACTS:SIGNIF/CANT BUT M/T/GABLE ' __. . _.._ _ appropriate relocation ske ebsts: If �:•�u„ —___- --------- ,. � USFWS approves moving animals - j --- - � the approved biologist shall be�. � ' � allowed suiBcient time to move . CRLF from the work site before � " ' work activities begin. Oniy-`: :; � ' ' '�! USFWS-approved biologists shall��� .' f participate in activities associated " ' with the capture, handling,and - � --- _ . _.._. _ monitodng of CRLF. - - "" '-' , . ..: - _-� I _ . • Before any consVuction activities � .:. - begin on the project,a USFVIIS- ' ' ' approved biologist shail conduct a training session for all construction i personnel. At a minimum,the . p treining shail include a descripBon' : of the CRLF and its habitat,the -� importance of the CRFL and its � � habitat,the general measures that are being implemented to conserve = the CRLF as they relate to the � project,and the boundaries within ' ( - which the project may be accomplished. Brochures,books; _ and briefings may be used in the. i training session,provided that a qualified person is on hand to answer any questions: • A USFWS-approved bioiogist shall ! f _ be present at the work site until such time as all removal of .; - Califomia red-legged frogs, � ; instruction of workers,and habitat � � disturbance have been completed. A fter this time,the contra • _ � dor or �� , permittee sha�l designate a person � I to monitor the on-site compliance with atl minimization measures. The USFWS-approved biologist - shall ensure that this individual receives training outlined above and in the identification of CRLF. The monitor and the USFWS- approved biologist shall have the authority to halt any action that might result in impacts that exceed the levels anticipated by USFWS - during review of the proposed ' action. If work is stopped, USFWS, and the Corps as applipbie,shall , ' be notified immediately by the � -- USFWS-approved bioiogist or on- site biological monitor. ; • • Durinp project activities,all trash i : ' -- � _-- =�CountyofSanLu/sOblspo .-� . / _ . _ ES-16 _. __.__ ., ._..... __ .__z.-�N- •_3 !" _ . _. , _ � � Biddle Ranch Agricukural Cluster Subdivision Project EIR �' ' 3 =� Executive Summary ___ - - _. _. r , L . _.. ., _ _.. <.�riss#; , Table ES-1: Summary of Project Environmental Impacts, _.___.._ .__.._.._ ___ Mitigation Measures, and Reslduai Impacts - :�::��.__ ... _. -- _ -._._. �-- "" �� " "- CLASS///MPACTS:S/GN/FICANT BUT M/T/GABLE - �� that may attract predators shall be propedy contained,removed from the work site and disposed of , regulady. Following construction, . ail Vash and construction debris � shall be removed from the work areas. • All fueling and maintenance of vehicles and other equipment and staging areas shall occur at least 20 meters from any riparian habitat or water body. The permittee,and ' Corps as applicabie,shall ensure contamination of habRat does not occur during such operations. Prior to the onset of work,the pertnittee shall prepare and comply with a ' plan to allow a prompt and effective response.to any accidental spills. Ali workers shatl be informed of the importance of preventing spills and ' of the appropriate measures to take . should a spill occur. • A USFWS-approved biologist shall ensure that the spread or introduction of invasive ezotic plant species shall be avoided to the � maximum extent possible. When � _ - practicable,invasive exotic plants ! in the project areas shall be removed. • Projed sites shall be revegetated ! with an appropriate assemblage of _ I native riparian wetland and upland ! vegetation suitable for the area. A" species list and restoration and ' ' monitoring plan shall be included ' • with the proJect proposal for review and approval by USFWS,and the Corps as applicable. Such a plan must include,but not be limited to; location of the restoration, species to be used,restoration techniques, time of year the work will be done, identifiable success criteria for • completion,and remedial actions if ' the success criteria are not achieved • Stream wntours shall be retumed to their original condition at the end ' of project ad'ivities,unless - ' consultation with USFV1/S has determined that it is not beneficiei- � to the species or feasible. _� " � ! County of San Luis Obispo ES-17 Biddie Ranch qgricuRural Cluster Subdivision Project EIR Executive Summa ; ; _.. __._ _ . : ---- ,: ... , _. ,, .._ . -- -- - fi,__ -- _ .._. �" Table ES-1. Summary of Project Environmental Impacts, Mitigation Measures, and Residual Impacts;F�saT . . . �.` ;;:�:�:uit;��>� ! —i CLASS/l/MPACTS:S/GN/F/CANT BUT II�/7/GABLE � ' _ __ __ --- � _ Thenumberofaccessroutes,t��i i- .u-,�.,3�_ ' —`-�_____ , _ _ _ ._ ._ _____ • number and size of staging'areas- ?"' ------- ____ and the total area of the activity � shall be limited to the minimum . necessary to achieve Uie proJed 4 goal. Routes and boundaries shall � � be Geady demarcated,and these � areas shall be outside of riparian � and wetland areas. Where Impacts occur in these staging areas and - __ access routes,restoration shall ,� occur as identified in the above measures. • Work activities shall be compieted between April 1 and November 1 in � the vicinity of identified CRLF areas. '- • A USFW�approved biologist sha0 permanently remove,from within _ F the projed area,any Individuals of � ( exotic species, such as bullfrogs, ' � . cra�sh,and centrarchid fishes,to � the maximum extent possible. The - permiftee shall have the � � responsibility to ensure that their activities are in compliance with the j Califomia Fish and Game Code. B-6(b) CRLF Habitat Buffers. The ' project applicant shall establish a 200.foot • buffer area around water bodies that contain identified CRLF. Construction activities, landscaping,and other improvements shall ' be prohibited within these buffer areas. The buffer areas shouid contain a conservation � easement overlay,or some other fortn of protection in perpetuity,for the protecBon and conservation of the environmentaily sensitive CRLF and its habitat. _ B-6(c) Pesticfde Compliance. Use of ' pesticides shall be in compliance with all local,state and federal regulations. (fhis is necessary to prevent primary or secondary ' poisoning of CRLF). B-6(d) inadvertent Take Procedure. Any �- project contractor or employee that inadvertently kilis or injures a CRLF or who finds any such animal either dead or Injured shall be required to repoA the incident -- immediatety to a super-visor overseeing the project development. In the event thaf such + observations are made of injured or dead i CRLF,a project representative shall - • immediatel noti the USFWS b - - _. . :._.<. - -- -- .--- -County of San Luls Oblspo--- t, . ES-18 _ _, .__._._ , ,. ., . _ .. -�--'_.---- -�- '-:.g;� . • i' Biddle Ranch Agricultural Cluster Subdivision Project EIR ;�;, __..__-------- _ :�.__._ Executive SUmmary : � � . . . � '+ac: . '..v.±.:•�;r32'.5 . . . � .. Table ES-1. Summary of Project Environmental.impacts, _ __._ Mitigation Measures, and Residuai Impacts _ _ ___�,--- -- --_.___._.._ ..1.���:. 3;...� . . _ . CLASS/l/MPACTS:S/GN/FlCANT BUT M/T/GABLE'--------------- telephone. In addition,fortnal notfication shall be provided in writing within three working days of the finding of any such ; animal(s). Notification shall include the date,time,lacation and circumstances of � the incident. My threatened or endangered species found dead or injured shall be tumed over immediately to USFWS for care, analysis,or disposition. Impact B-7. Project B-7(a)Minfmize Road Widths. Roadway ThG in1p18D18�tetiOfl Of the implementat(on would reduce the widths adjacent to open space/agricultural �bOVe rtlltigetl0� (IleesUf2 populations and available habitat areas shall 6e reduced to the minimum of wildlife in general,inGuding width possible,while maintaining Fire would �educe ImpaCts to a sensitive species. Because of Department Requirements for emergency less than significant level. the size of the site,degree of access,with slower speed limits introduced. ' habitat diversity,and known or Posted speed limits shauld be 25 mph or potential presence of a number less. of sensitive wildlife species orn site,the loss of wildlife habitaf is B-7(b)Ground Disturbance Timing. Jn considered a Class II,signihcant order to avoid impacts to nesting birds , but mTtigable impact. inciuding the ground-nesting northem � harrier,or other birds protected under the Migratory Bird Treaty Act,all initial ground j disturbing activities and tree removal should � be limited to the time period between " September 15 to March 31. If initial sRe � disturbance,grading,and tree removal. � cannot be conducted during this time period, a pre-consWction survey for active nests i within the limits of grading should be : conducted by a qualified biologist at the site. two weeks prior to any construction activities. If active nests are located,then ail construction work must be conducted at . ' least 500 feet from the nest until the adults and young a[e no longer relianf bn the nest site. Refer to Mitigation Measures B-6(a-d) for CRLF mitigation relating lo pre-construdion . surveys. B-7(c) Pet Brochure. The applicant shall prepare a brochure that informs prospective homebuyers about the impacts associated • with non-native animals,especially cats and dogs,and other non-native animals to the . project site;similady,infortn potential - � homebuyers of the potential for coyotes to prey on domestic animals. , , B-7(d) Night Ltghting Standards. The following standards pertaining to night , lighting shall be added to the project's design guidelines: ' • Niqht liqhtin, of public areas shall�� 'YY����"�—�"' ""`'"`� '-� • County of San Luls Ob/spo` ES-19 Biddle Ranch Agricultural Cluster Subdivision Project EIR' Euecutive Summa _. . . _ , ' ' Tabie ES-1. Summary of Project Emlronmental Impacts, Y ' Mitigation Measures, and Restdual Impacts s�-wT - . _, ;. i:3 ;, s��fi ; , - . - . ___ __ . CLASS/l/MPACTS:S/GN/F/CANT BUT M/T/GA_BLE � _ __._ be kept to the minimum necessa ^ `' for safe ry'. • ,..:w_:�.. b P��Poses: ' _ ----- ._ .______ 'i • Exterior lighting wittiin 100 feet of_. �. .�'^ -'�– -- � open space shall be shielded and,;•: ; aimed as needed to avoid spillover.� : into open space areas. Decorative ; � Iighting shall be low intensity, ,,;,,,; ,;,; ; i • Use of high-intensity floodlights on residential lots shall be restricted and all residential lighting shall be �. , � shielded. � B-7(e) Native Landscaping. In order to –. ensure that project laodspping does not � � � I introduce invasive non-native plant speGes � into the viciniry of the site,the final ' landscaping plan shall be reviewed and � " ,.:� approved by a County approved biologist. ( ' ' AII invasive ptant species shall be removed � from the landscaping plan. - CULTURAL RESOURCES � Impact CR-0. There is the CR-1(a) Archaeological Resource Impads would be reduced to less potential that projecE construdion ConsUuction Monitoring.At the ' than signficant with implementation will disturb previously unidentified �mmencement ot project construction,an of proposed miUgation. � buried archeological deposits orientation meeting shall be conducted by ' ; and/or human remains. This is an archaeologist for construction workers � ' considered a Class Ii,signihcant associated with earth disturbin � butmitigable impad. 9 procedures. ' � i The orientation meeting shall describe the possibility of exposing unexpected ` { ' archaeoiogiql resources and directions as�` to what steps are to be taken ii such a find is encountered. � � A qualified archaeoiogist and Native American representative shatl monkor all earth moving activities within native soil. In ' �� the event that archaeological and historic artifacts are encountered during projed � construdion,all work in the vicinity of the find will be halted until such time as the find i fs evaluated by a qualified archaeologist and I appropriate mdigation(e.g.,cureUon, preservation in ptace, etc.),if necessary, is impiemented. , In the event of the accidental discovery or recognition of any human remains in any � location other than a dedicated cemetery, the following steps will be taken: ' I. There shall be no turther excavation or disturbance of the , : ' site or any nearby area reasonabi � suspected to ovedie adjaceM . y" i _ , human remains untiL• � , ;. r _ _ _ _ — Coun ES-20 =-- _---.- -t3'ot San Luls Oblspo ; y � - _, .� _ � �_: �: i, ° � _>�i Biddie Ranch Agricultural Cluster Subdivision Projed EIR _ ._ �: ` � :- ExecutiveSumman� _._._.___----.___ _ . ._ ._.. . . �? �>-1t.1' '•Table ES-1.�Summary of Project Environmental Impacts, ' Mitigation Measures, and Residual Impacts ___ ___.- ,---___--- -__ _ _ . . __ __._ ----- ._ ._.__.__._ ----. i ���� , — .__ ____ _ _ _____ CLASS/1/MPACTS:SIGN/FICANT BUT MIT/GABLE.�- ` � , A. The coroner of the county in � which the remains are ; , discovered must be contacted to determine that no investigation of the cause of death is required, and i B. If the corone�determines the � remains to be Native American: 1. The coroner has 24 hours to notify the NaOve American Heritage Commission. 2. The Native American Heritage Commission shall identify the person or persons it believes to be ' most likely descended � from the deceased Native G American. � 3. The most likely - i � descendent may make��� � � I recommendations to the , " landowner or the person responsible for the - excavation work,for - - means of Veating or disposing of�with .__. ._ .. _ ___ .., ,; ; :, � ' + , � 4. appropriate dignity,the � � ' _ : . , � - - human remains and any _ " ; , associated greve goods as provided in Public - - resources Code Sedion " , .. . . 5097.98. _ _ II. Where the following conditions ocar,the landowner or his: ' authorized representatives shall repatriate the Native American " human remains and associated , grave items with appropriate dignity . on the property in a location not . cubject to further subsuriace disturbance. However,any such adivity will be pursuant to the � disaetion of a Chumash representative'rf a descendent is � either not identified or fails to � respond to notification. A. The Native American He'ritage --.-=-<. __ _.: _ _ , _ Commission is unable to-. —_.. -----------_ _.—__. �_...�.. __ _,_.. _ . _., ._ _. � ._. ._ - t identi a most likel - - -- .. ------� _.__.�__�.��, County of San Lu1s Ob(spo . � ES-21 Biddle Ranch Agricuitural Cluster Subdivision Project EIR � F�cecutive Summa `. ' ,_, '� _ - _ . . _. .° -- ' ' , - � �----- =i.'�av.�.?�,r�i - Table ES-1. Summary of Project Ernironmental lmpacts,�r Mitigation Measures, and Residual Impacts;ld�T. ; -�`i r•;_i�,�i�.;!° _' CLASS///MPACTS:SIGN/F/CANT BUT M/T/GABLE - ' _ descendent orthe most likely t a;.;:,:1: -"— descendent failed to make a --- � recommendation withfn 24 � V� hours after being notified by ' the commission. : B. The descendent identified fails � ^� � to make a recommendation;or ; C• The Iandowner or his V' authorized representative rejects the recommendation of the descendent,and the mediation by the Native . American Heritage i Commission fails to provide measures acceptabte to the landowner. '-� CR-1 (b) Hait Work Order. If human remains are unearthed,State Health and Safety Code Section 7050.5 requires that no further disturbance of the site or any nearby , area reasonably suspected to ovedie adjacent human remains shall occur until the County Coroner has made the i necessary findings as,to origin and � i disposition pursuant to Public Resources Code Section 5097.98. If the remains are - determined to be of Native American descent, � the coroner has 24 hours to notiTy the Native American Heritage Commission. Impact CR-2. Projed CR-2(a) Phase II SubsurFace Impacts would be reduced to less development will resuit in earth Archaeological Testing. If avoidance of an than significant with implemenfation disturbance at several locations archaeological site(s)is not possible,a of these mitigation measures. considered sensitive for Phase II subsurface testin archaeologipl resources. This is 9 program shall -. considered a Class II,signihcant be completed prior to(ssuance of a Lend but mi6gable impact. Use Pertnit. Goals of the Phase II excavation shall include: a) Determination of the find/site boundaries within the projecPs potential impact area; • b) Assessment of the site's integrity, (i.e., how intact the site and/or feature is); c) Evaluation of the site's significance through a study of its features and "-' artifacts. The Phase II program shall be funded.by the � appiicant, shall be performed by a county qualified archaeologist, and shall fndude: Mapping the location oithe surface � � • remains within the proposed impact • area. - � � _ . . --.- - County of San LuJs Obispo-'� ___ __ � ES-22 ° - _ . __.._ ..__.__._._..._•------ < .� ' '`:; / ' . .. . .. S�.,lu . . _, .. .,._._ . -.� Biddle Ranch Agriwkural Cluster Subdivision Project EIR � � - ='� _... _ _____ __ � -- Executive Summary � � _ - , ' � . � . � ..'It .. _ .. �:!-�. " . Table ES-7. Summary of Project Environmental lmpacts, MiUgation Measures, and Residual Impacts _ .. _ _ ____..._. _._ —� --- ---—� ___ � � : t I1-'�.t:1 . . _ . CLASS l/IMPACTS:S/GNIFICANT BUT M/T/GABLE �wz;= , _._: :: :�,. • Surface collection of artifads; — - ��°'� _ - • Excavation of a sample of the .,_ � ,, cultural deposit to charaderize the ' ,,�, ,: " nature of the buried portions of the � ` � " site within the proposed impact ' � � ' area; " , • Monitoring of excavations . _ '.-- _..___.--- - _._------- ' containing Native American lndian ` - resources by a Native American - representative; ` _ ` ' • Repatriation of Native American : . � ' ' " ' '. Indian cultural resources at the " ' recommendation of a Native American representative; • Analysis of all remains,submission � of a final report detailing the results of the investigations,and cureUon of ali artifacts and records detailing ; the results of the invesfigations at a : county approved curation.facility; , , and 1. If the site is determined � sionificant,the applicant may choose to cap the resource area using culturelly sterile and chemically neutral fill material and shall include open space- accommodations and - interpretive displays for the ske to ensure its protection from ' development. M archaeologist and Chumash consultant shall be retained to monitor the placement of fill upon the site and to make � open space and interpretive ' � recommendations. If a ' significant site will not be capped,the results and , recommendations of the Phase r II study shall detertnine the need for a Phase III Data Recovery Excavation and or monitoring. 2. If the site is determined . insianificant, no capping and o� � , � furtherarchaeological investigation shall be required:� The results and recommendations of the Phase II study shatl detertnine the need for construction � monitoring. Im act CRJ. Im lementation CR-3 a . Prohibition of Archaeolo ical Impads would be reduced to less' County of San Luis Oblspo ` ES-23 Biddle Ranch Agricultural Ciuster Subdivision Project EIR Executive Summa � _, ,. ,. . � . ' / __.. .. . -�- _..__ _.�,_ �, �n vv, _. : , Table ES-1. Summary of Project Environmental lmpacks, ` ' Mitigation Measures, and Residual lmpacts:.;tc,'� ;:`�Pr��htiai ;? --, ____ CLASS//IMPACTS;S/GN/F/CANT BUT M/T/GABLE of the proposed project couid S(te Tampering. Off-road vehicle use :�� � � ' �- "' -' - resuR in indired impacts to unauthorized collecting of artifacts and - of prop9osed mitiga6on P�ementation; � identified archaeologipl other activities that could destroy or damage , resources.This is considered a archaeological or cultural sites shall be Ciass il,significantbutmitigable prohibited. Signs shafl be posted on the impad. property to discourage these types of activities and wam of trespassing violations ` and im osed fines. - ! Impact CR4. Implementation of CR�(a) Phase II Subsurtace Historical Impacts would be reduced to Iess the proposed project could resuit Resource Testing. A Phase II subsurface than significant with implementation : I in indirect impacts to historical testing program shall be implemented to of proposed mitigation. resources. This is considered a determine the location and nature of any Class II,significant but mi6gable buried historic features related to fhe tunnel's t impact. consWCtion and use[referto Mitigation CR-2 i ! (b)for spedfic goals,methods,and ' j components of the Phase II program). Due to the extensive allwium buildup within the ' drainage below the tunnel,the subsurFace � testing may uti�ize a series of monftored � ' badchce henches. A data recove ' designed to record and remove signfirpnrt m � cullurel materials that could ofhenvise be -; � temPCred with.shall follow this work. ' CR�4(b) Ske Protectlon and Cultural' ' StudY• A qua�fied historic archaeologist and j Chumash represent¢}i�e shall be retained to � desgn a plan to proted the tunnel and the adjacent rodc face frpm lootlng and vandalism. H a suitable protection plan is '', detertnined inteasible,then a quaified historic archaeologist and Chumash representative ahall be retained fo record and remove any cultura�materials within the tunnel and record a�Y carved diaraCers on the adjacent rock � face. � CR�4(c)Historiwl Resource ConsVUCtion `; Monkoring. If trenchi�g,gr�ding or oiher r earth rnovernent adivRies are proposed within Moyo Grende Creek alluvial deposRs,a qualfied historic archaeologist shall be reteioed by ttie applicant to monRor all such activilies within areas of site disturbance. If potenGaly signficant archaeologicat resources ara e�osed,the archaeological � monitor shall Aave the authority to temporarily haR a redirect construction adivity within the vidniry of the find until the nature and . significance of the find as been evaluated and • appropriate miligation(e:g.,curation, preservation in place,etc.),if necessary,is implemented. i j ' - .�.�.. .:- ._ ' -' =' ' •- _County of San Luls Oblspo ; . _. - ,. . ES-24 ' , . ,_.. _._.. � ,. � i � /� ' . , . � k ... Biddle Ranch Agricuitural Cluster Subdivision Project EIR >. : . E _ ___ _ . _ _ --- Executive Summa t a::� '` '. i ' Tabie ES-1. Summary of Project Emironmental:lmpacts, Mitigation Measures, and Residual Impacts , .. . ., CLASS ll IMPACTS:SIGNIFICANT BUT M/TIGABLE--�- --- -- -- � WATER AND WASTEWATER ` ' "` � I Im act Miti ation Measures Residual lm act ' `" Impact W-0.The conversion of W-1(a) Phasing of Ircigatlon System Implementation of the identified::,; fhe on-site irrigaGon system from Conversion. The proposed irtigation mitigation measure would reduce ; a sprinkledfurrow system to a drip system conversion from a furrow/spdnkler- :': potential water supply impacts to a � system would offset the water system to a drip system shall occur prior to , less than significant level. �' ; ; demand from the proposed project occupancy. The project applicant - - - � ; . _ _.. residential uses and associated shall fumish to Planning and Building - - : - -- - ' facilities. Nevertheless;the use of records of water use for the three months on-site weils to provide water may preceding the irrigation system and three -.- - - ' contribute to overdreR of the months following the system conversion. groundwater basin if this . conversion is not phased appropriately,which vrould be a ,, i Ciass II,signficant but mitlgable, ' im act. Impact W-2. On-site soils on W-2(a) Septic System Design. For all lots With implementation of the above most proposed lots provide identified in preliminary percolation testing measure,project impads related sufficient percolation to support as having percolation rates over 60 minutes to wastewater disposal would be effluent disposal by the leach per inch,a Califomia registered Civil less than sign�cant. line method. However,due to Engineer competent in private wastewater soils constraints,improper leach system designs would be required to design line design could result in health septic systems for the proposed Iots, , hazards or potentiai ground and pursuant to County ot San Luis Obispo . surface water contamination. standards. For all lots identified in . ' Therefore,the proposed project preiiminary percolation testing as having ! would resuit in Class Ii, percolation rates over 120 minutes per inch, significanf but mitigable impacts individual leach line system designs shall be related to wastewater disposal. submiKed for review to RWQCB and the � County Environmental Health Department. The lot developer shall comply with all applicable requirements of the RWQCB regarding wastewater disposal. Septic , systems proposed for installation in areas ! containing slopes between 20%and 30% shali be engineered by a Califomia Registered Qivil Engineer. Shallow septic syslems shall be prohibited in areas with . slopes exceeding 30%, For Lots 1 through 27 in the West Biddle Cluster,deep well type sewage disposai(e.g.,seepage pit disposal systems),in lieu of shallow , disposal fields,shali be implemented in accordance with County Department of Environmenlal Health requirements. TRAFFIC AND CIRCULATION - . = , , Im act Miti ation Measures Residual Im act - - ImpactT-2. The praposed T-2(a) Parking Prohibitions. Given the With proposed.mitigation,impads project would provide adequate proposed 20-foot roadway widths,parking ' would be less than significant. site access to the West and East shall be prohibited along the intemai streets, _ Biddle Clusters. However,the or&foot parking pullouts shall be provided in intemal roadway system certain areas atong the roadways to '_ _ proposed for the West and East accommodate on-street parking and two-way .` � " Biddle Cluster homes could roadway access. results in intemai circu�ation � � `= - - - - -"'' ' � Counfy of San Luis Oblspo ' ES-25 Biddie Ranch Agriculturai Cluster Subdivision Projed EIR a*, Executive Summary � ; . ,::-; � . . . __ . . . _ . . ..__. _-_ _.. __.__ . _._�._. ,.. �:_::�__— I Table ES-1. Summary of Project Environmental Impacts, � Mitigation Measures, and Residual Impacts �'f=;:' + " ... . 2� '.,i: I t CLASSIIIMPACTS:S/GNlF1CANTBUTM/TIGABLE_._ _._.___ ______..__�_ . conflicts as a result of the 20-foot _ __ -� __ � �--�� roadway width and potential on- ; �+... ,� .y.� ,�•„ ! ( street parking. This vrould - - - -- -- — - - - - -- --- generate a Class il,signficant �: 'i buf mitiga6le, impact. - - — - � :n! ? °, ( . . . . . -- �. i Impact T�3. Development of the T-3(a)Parking Spaces. The projed Project parking impacts would be � t proposed residential units may appiicant shall provide a minimum of rivo reduced to a less than significant= generate parking demands in private aff-street spaces per residential level with impiementaUon of' +==�� "� excess of the proposed parking parcel., parking spaces in ac:cordance with:' supply. This could resultjn County standards. ' spillover parking in off-site locations. This would generate a � � Class II,signi(cantbutmitigable � impacL AlR QUALITY � Im act Miti ation Measures Residual Im act ImpactAQ-1. The proposed AQ-1(a) Energy Efficiency. The project With proposed mitigafion,impacts projed would result in the applicant shall provide easements or land would be less than significant. . —; emission of levels of air dedications for bikeways and pedestrian pollutants that wouid exceed walkways. In addition,the following energy- recommended significance conserving techniques shall be incorporeted • thresholds and are therefore unless the applicant demonstrates their considered to have a Class II, infeasibility to the satisfaction of County i significant but mitigable, impact: Department ot Planning and Building staff: -• increase walls and attic insulation beyond . Titie 23 requirements;orient buildings to ` � maximize natural heating and cooling;plant shade trees along southem exposures of buildings to reduce summer cooling needs; use solar water heaters;and use double- paned windows. Impact AQ3. The proposed Because all construction projects can Air quality impads associated with _ project has the potential to produce nuisance dust emissions,dust construction of the projed would generate construction related mitigation measures are required for alt be adverse but not significant. emissions as the site develops. construction activities. The following These emissions would not mitigation measures are recommended to _ exceed recommended ozone minimize emissions and to reduce the precursor or PM10 significance amount of dust that drifts onto adjacent thresholds. However,since San properties. These measures would apply to Luis Obispo County is currently both tract grading and development of non-attainment for ozone and individual lots. PM10,the projectwould contribute to this existing condition.Therefore, AQ-3(a) Appiication of CBACT. Best � construction related emissions available control technology for wnstruction - - , are considered to be Class II, equipment(CBACn shall be applied lo the ' -` - significant but miGga6le:' piece of construction equipment estimated -; ,�" to cause the highest Ievel of combustion _ _ - emissions during construction, based on �, , , APCD standards.,CBACT technology may . _, :, ' include the following: fuel injedion timing , , retard of 2 degrees;installation of high _ _ . � �, .�; �,,:s -- pressure injectors;coating of intemal , � , . 3.,, combustion surfaces(cylinder head,pistons, --. _ . _. • - ---County of San Lu1§Obispo ES-26 --' i _,.. ; _�.:_ ..�,. <. _.Biddle Ranch Agricultural Cluster Subdivision Project EIR + �'• � , Ettecut3ve Summary ---- _ __.._..._._. _. ::_._. _ ` .� .. . ,... ., .. -s;.niL•I,i:,:,., . Table ES-1. Summary of Project EnvironmentaLimpacts, � Mitigation Measures, and Residual Impacts . . ' �� . . . � . . . M1.''`)�. ..� .�.> >. ..���..���.��.. ' _ ._-_-.___-.__., ..---.--. .. -CLASSIIIMPACTS:SIGNIF/CANTBUT:M/T/GABLE ""_.__.� _.__._,--;. and valves);and/or use of reformulated ; diesel fuel. ? AQ-3(b)Dust ControL The following measures shali be implemented to reduce � PM10 emissions during projed construdion: • Reduce the amount of the disturbed area where possible. • Use water trucks or sprinkler systems in sufficient quantities to � prevent airbome dust from leaving,'' ; the site. Water shalt be applied as' • soon as possible whenever wind ' , speeds exceed 15 miles per hour.:;' ReGaimed(nonpotable)water ' -: `' should be used whenever possible. " • Atl dirt-srock-pile areas shall be sprayed daily as needed. • Permanent dust control measures ' shall be identified in the approved ' project revegetation and landscape' " plans and implemented as soon as � possible following wmpletion of any soil disturbing activities. • Exposed ground areas that are - :- - -.-=- -- -..- - - . planned to be reworked at dates ' " greater than one month aftar inftial ' "^' ' grading shall be sown with a fast- - � ' , _._ . -° " ' " ` germinating native grass seed and " watered until vegetation is � established. -- , All disturbed soil areas not subject ' ` ' � • to revegetation shail be stabilized i using approved chemical soil � binders,jute netting,or other ; methods approved in advance by the APCD. ' • All roadways,driveways, sidewalks, ', etc.,to be paved shall be completed as soon as possible. In I addition, building pads shall be laid , as soon as possible after grading . unless seeding or soil binders are used. ' . Vehicle speed for atl construction vehicles shall not exceed 15 mph , • on any unpaved surtace at the construction site. • All trucks hauling dirt,sand,soil or other loose materials shali be ' ' covered or shall maintain at least .. two feet of freeboard(minimum , :;�:: ` vertical distance between top of„_.� ? load and top of trailer)m : , accordance with CVC Section : �, ;' 23114. ." -- ' .:-: . County of San Luls Ob/spo. ' ES-27 " Biddle Ranch Agricultural Cluster Subdivision Project EIR ExecuHve Summa . :� _ __ �\ ' _ ,,.�, � . . .... .___..----�--- . .�' � �.". .';�d �,a . ., Table ES-1. Summary of Project Environmental Impacts,`� ! � Mitigation Measures, and Residual impacts:�ia7 ' r::� � .1�?i:.:;-' � - . . . ... _ CLASS///MPACTS:SIGN/F/CANT BUT M/T/GABLE __ � _. _., • Install wheel washers where �', ,a; , ���y,� ."!'_`_--' vehictes enter and exit unpaved � T - ---.____ _ "� , roads onto streets,or wash off ; � trucks and equipment leaving the i ' - site. • Sweep streets at the end of ea'ch ; ' `� day if visible soil matenal is carr(ed; � � onto adjacent paved roads. Water" + sweepers with reGaimed water shail be used where feasible. '�� Aq-3(c)Cover Stockpfied Soils. If � importation,exportation,or stockpiling of fill material is involved,soil stockpiled for more -I than two days shall be covered,kept moist, ' or treated with soil binders to prevent dust generation. Trucks transporting material shall be tarped from the point of origin. —' , I' ` AQ-3(d) Dust Control Monitor. The contractor or builder shail designate a . .-� person or persons to monitor the dust � control program and to order increased , watering as necessary to prevent transport of dust off-Site. Their duties shall include - holiday and weekend periods when work ma not be in ro ress. . Impact AQ-4. The proposed Aq-4(a)Odor Abatement Plan. The Given the implementation of the projed involves development of applicant shall develop and implement an above measure,the proposed onsite equesUian facitities and a Odor Abatement Plan (OAP). The OAP project is considered to have less private septic system,which shail include the following: than signifipnt odor nuisance have the potential to generate odor nuisance effeds. These a. Name and telephone number of impacts. � I impacts are considered to be E Class II,significant but mitigable. logg ng and�s�pondi y io odo o� ; � complaints; � b. Policy and procedure descri6ing the ' adions to be taken when an ador `' complaint is received,including the � treining provided to the responsible party on how to respond to an odor � ' compiaint; c. Description of potential odor � sources at the facility; d. Description of potential methods for reducing odors, inciuding minimizing potential add-on air ! pollution control equipment;and e. Contingency measures to curtail ' emissions in the event of a continuous public nuisance. Refer aiso to Mitigatian W-4(a)in Section 4.3, Waterand Wastewater,ofthis EIR. This mitigation measure involves preparetion of an Equestrian ManagemeM Plan that includes manure management that • would reduce odors associated with the ` - _ :_ Coun � - ES-28 _.- _-�--_n_o/SanLulaOb/spo _ �,� . - i / ;_. , .., ._. :, .. .,- . , . . . �. _ .�, . Biddle Ranch Agriwltural Cluster Subdivision Project EIR _ . ,_ _;-.'. -- • - .`., F�cecutive Summary � � Table ES-1. Summary of Project Environmental Impacts, Mitigation Measurea, and Residual Impacts ---_ -------_____.__...__ . CLASS ll/MPACTS:SIGNIFICANT BUT MIT/GABLE proposed equestrian facilities. . . - Impact AQ-5. The proposed The incorporation of Mitigation Measure AQ-� Given the implementaUon of the project is consistent with the land 5(a) (simiiar to a TCM measure from the "� above measures,the proposed use designations and population CAP related to transit provision)is - � proJed is considered to have less assumptions af the San Luis recommended to ensure consistency with ' than significant impads related to Obispo County General Plan. the CAR consistency with the 1998 CAP.. However,the project would not invoive features that would AQ-5(a) Distribution of Aiternative implement applicable APCD Transportation Information. The appiicant Transportation Control Measures shatl provide an on-site bulletin board (fCMs).Therefore,the projecl is specifically for the posting of bus schedules considered to be inconsistent and notices of availability for car-pooling with the 1998 Clean Air Plan and/or shall distribute such information to (CAP). This is considered to be property owners upon occupancy. The a Class II, signi(cant bul applicant shall be responsible for mitigable impact. maintaining this board and updaUng it every hvo montha AESTHETICS Im act Miti ation Measures Residual Im act " Impact AES•1. The clustering of AES-1(a)Prohibition of SUucturat The implementation of the above the proposed residential units Silhouettfng. Proposed lots located on on- mitigation measures would reduce and preservation of open space site ridgelines shall be relocated,building project-specific impacts to a less and agricultural lands would heights shall be limited,and/or vegetative than significant level. partially maintain the rural screening shall be provided such that the character of the site. However, residential units do not silhouette against the ' the proposed development has sky when viewed from aff-site viewPoints. If the potential to alter the strudurel setbacks are implemented, aesthetic character of the site structures shail be setback as followsi units vicinity through alteration of on Lots 63,64,65,69,70,71 and 72 shall � scenic vistas from public viewing be setback to the south from the top of the ! locations, inlrodudion of bluff a sufficient veAical distance to preclude � community design elements that siihouetting of units on the top of on-site may be aesthetically inconsistent bluffs. This could require the relocation of with fhe surrounding area, Lots 66,67 and 68. introdudion of new light and glare generators in to lhe area, and the changing o(the area's ' charader from a rural to rural- ' resideniial condition.This is i considered Class II, signifrcant ' but miti able, im act. County of San Luis Obfspo ES-29 Biddle Ranch Agricultural Cluster Subdivision Project EIR � Executive Summa . �; .> — � . , . ,:, , _...___�._._.---.:_ . . . ... - -- i i :Table ES-1. Summary of Project Enyironmental Impacts, Mitigation Measures, and Residual_Impacts'� '"� —; , . , `�� . "`-' - AES-1(b)Architecturei and Landscape I � Guldelines. The applicant shall develop� � _�- ---- __ _ . . and implement Architedurai and Landscape —"-' ---- -- � __ Guidelines that lnclude the components � = �� ++� �^ listed below. The Guidelines shail inciude �----- -- - -- — -- _. clear aiteria and requirements to guide the ' ' +._ , design, layout,and landscaping of individual ' � . . << '"... ,. residential lots. All future development shall ; •-- ; ' -- ' . comply with the Guidelines. Enforcement of ' J ` '' ' compliance with the Guidelines shall be the responsibility of the Planning and Building •., �� Department. Tract landscaping. Landsraping - guidelines shall describe the following ^I elements: • Landscaping shall emulate and be —, compatible with the surrounding natural environment to the extent � possible; _ -. • Fuel management techniques shall --� be used; _ � � - • Fire-resistant vegetation shall be - — � used in as tract landscaping; _ —i lndividua/House Landscaping. Landscaping Plans for individual houses ` shall be prepared by a qualified Landscape � Architect,and shall be designed to screen --i and blend the proposed development into : surrounding area while preserving identified � j viewsheds. The project landscaping plans � shali incorporate plants consistent with the — Master Landscaping Plan for the project. ' � Roofing and Feature Co/or and MafeNaL , ! Development plans shall include earth-tone —i colors on structure roofing and other on-site ' ; features to lessen potential visual contrast � ' between the structures and the hilly terrain that constitutes the visual backdrop of the area. Natural building materials and colors � ^i compatibie with surrounding tertain _ � : ., ._ - - - (earthtones and non-reflective paints)shall be used on exterior surtaces of alt — ' strucWres, including fences. • (ndividua/Nouse LlghGng. Prior to development of individual lots,proposed '� lighting shall be indicated on site plans that demonstrates that spill-over of lighting wouid not affect residential areas located east and west of the project site. The � lighting plan shall incorporate IighUng that direct light pools downward to prevent giare on adjacent and surrounding areas. Lights shail have solid sides and reflectors to . further reduce liphtinp impacts by controltin ` ' County of San LWs Obispo .:r, , 's c,2 . . ES30 _.... _ _ _----` —-- _l _.. _---:wf. .�., i , . . Biddle Ranch Agricultural Cluster Subdivision Project EIR _ _ __ __ . ___ Executive Summary � ,,�.: . . , : .,.. . , ��.:,�. 5...-� �.:s :rct_,._.,�:.r. . � Tabie ES-1. Summary of Project Envlronmental Impacts, _ ____.____________ Mitigation Measures, and Residuai Impacts _. ._ . ___ _._.._.---. ---- -- _--- , u� ; light spillage. Light fixtures that shield' - � nearby residences from excessive ' "' "�"' ' brightness at night shall be included in the ' ' � , lighting ptan. Non-glare lighting shall be used. � � ..- .:���i:� - � . .._ .. �:.. j , Avoldance of�sua(Prominence: To " '` ' . _ . ___ __ _ ._ avoid the visual prominence of structures ' � located at Lots 63-72,no structure shall `" '--- --- exceed a height of 22 feet,except for "" - � _. .. _._ _ . ;. - --- - -_. _ _.._ ,_ : . ancillary features such as antennas or other - i •. . elements determined to be compatible by ,:: - ' - Planning and Building. - ' �. . Compatibility wiffi Adjacent Uses. The � ' � ,; : > design,scale,and character of the projed -. � ' architecture shall be compatibte with the scale of existing residential uses north, . . • south,east and west of the site. Understory and Retalning Wall Treatment Unders[ories and retaining walls higher than six(6)feet shall be in tones compatible with surrounding terrain _ ' using textured materials or consWction methods which create a textured effed. ' Native vegetation to screen retaining walls ; shall be planted. AES-1(c) BuryWaterTanks. Thewater tanks shall be placed below grade to reduce their visual profile. The tanks shali be � placed at a depth such that the tanks do not siihouette against the sky. If water tanks .. _ are placed above ground,natural building � materials and wlors compatible with surrounding terrain(earthtones and non-reflective paints)shall be used on exterior surfaces. i I i ' AES-1(d)EnVance Monuments. Project entrance monuments shall not be visualiy prominent and shall be consistent with the , natural charader of the area. AES-1(e)Lighting Limitations. All lighting of equestrian facilities shall be designed as _ accenl features,and provided for safety and securiry only. Walkways and outdoor parking and plaza a[eas shall be lighted with bollard-style posts,limited to four feet � - . in height. Any security lighting shall be . screened such that lighting globes are not � � visibie from a distance of 20 feet i -- AES-7(�Street Light Limitations. Project streetiights shall be pedestrian in scale,not ,__ _, _� _ ___>,�,_, .. to exceed a height of 10 feet,and shall be ' .__ .._ _._ _ _, ._ ..._ _ . architecturelly compatible with surrounding__ ___ ` ""` '''�`" development. Streetiiphts,where they are � �� � County of San Luis Obispo ES-31 Biddle Rancfi Agricuituraf Cluster Subdivision Projed EIR F�cecutive Summa � . . . . . . . . . ..._ _ _'_—�._.._. 'r�' pev 6 JYi'i` ..�"! >.�� J�f_r_, Table ES-1. Summary of Project Environmental Impacts, � Mitigation Measures, and Residuat Impacts,��}�;-� .. ��;,���;r,t• � inGuded,shall be primarily for pedestrian � safe ' � ty(such as at roadway intersections), and shall not provide widespread ' '� � � "; iilumination. • , � AES-0(g)Clear Excess Debds The ° `-' developer shall clear the projed site of all " � excess construdion debris when completed ! —' with individual developments. : � � . ' i GEOLOGIC STABIL/TY , Im act Miti ation Measures Residuallm ct ' Impact Gd. Due to the . The phiiosophy in the Uniform Building �:` Through Code-conformance, presence of adive faults in the Code(UBC) is to prevent strudural collapse implementation of setbacks,and vicinity of the site and potentially and thereby mitigate life safety issues. By proper engineering design and �' active faults located on the definition, significant struduial damage is construction,ground shaking project site,the project site and acceptabte in Code-conforming structures; hazards would be less than � surrounding area is subject to allhough it has been found by experience :;• significant. sUong ground shaking. Ground that single-family,wood-frame structures . - � —� shaking has the potential to properly built to the latest building codes ' j cause fill material to settle, de- generally perform well in response to strong � stabilize slopes,and cause ground shaking where'ground failure is not +, physical damage to structures, involved. — property, utilities and road � I access. This is considered a G-1(a) UBC Compliance. Aboveground ' Class II,signifrcanhbut mitigable strudures shall be designed and buik impact. according to UBC Seismic Zone 4 "� standards. � G-�(b) ResidenceSetbacks. All habitabie strudures to be lopted in the i proposed East Biddle Cluster shall have the following setbacks as described in the'Fault � Location Investigation'prepared by f GeoSotutions, Inc. (July 2001): I • 100 feet ftom the south side of the� South Trace of the fault in the _, , � Monterey Fortnation `� ' • 15 feet from the north side of the . � � South Trace of the fault in the Monterey Fortnation — • 25 feet from both sides of the North ! ! Trace of the fault in the Monterey .' ! Formation. G-1(c) Clubhouse Setback. The exact location of the Los Osos Fault through the area of the proposed clubhouse on the East . Cluster site is not known,although it is approximated to be in the immediate vicinity. As a precautionary measure,the , ciubhouse shall be lorated at Ieast 200 feet . ' from the inferred trece of the fault in the _ - vicinity of the proposed clubhouse location.: ' j -��- � — - `- - - County of San Lu1s Oblspo ES32 - -- - �� -- -, -----_-� _ .z . � � . . .�..�... y I i _ .;. � .:� _. . � Biddle Ranch Agricultural Cluster Subdivision Project EIR . - __.. .._._ .--- ...__.__. � ,:� Ezecutive Summary `--" � . L _.,`-s::i .,'c'�3. . Table ES-1: Summary of Project Environmental,Impacts, ... _ _ __ .._ _ Mitigation Measures, and Residual Impacts _- ---------.__ ___ , _. . ---- - Impact G-2. Soils at the site G-2(a) Soils/Foundatlon Preparetion. In Properly designed and consWded have the potential to present order to avoid soil-related hazards;the - foundations and implementation of soil-related hazards (expansive project appticant shall implement the a grading and erosion control plan j soils,erosive soiis)to structures recommendations of the Soil Engineering would adequately mitigate the and roadways on the project site Reports prepared for the projed site(n July potential for strudural problems a and are considered Class II, 2001 by GeoSolutions,Inc. This shall � caused by soii-related hazards, significant but mi6gable impacts. include:preparation of building pads; thereby reducing impacts to less ` preparation of paved areas;conventlonal :than significant levels. foundations;slabs-on-grede construction; - retaining walls;and pavement design.One or more of the following may be considered during design of the project: 1. Use continuous deep foatings(.e., embedment depth of 3 feet or more)and concrete slabs on grade with increased steel reinforcement together with a pre-wetting and long-term moisture control program within the adive zone. 2. Removal of the highly expansive material and replacement with non- expansive impoR fill material. � 3. The use of spec�cally designed • drilled pier and grade beam system incorporating a structural concrete • slab on grade supported approximately 6 inches above the ' expansive soils. 4. Chemical treatment with ttydrated lime to reduce'the expansion f charaderistics of the soils. I G-2(b) Grading and Erosion Control I Plan. A grading and erosion conUol plan � that minimizes erosion,sedimentation and , unstable slopes shall be prepared and ' implemented by the project applicant or ' representative thereof, prior to issuance of Grading Permits. It must inciude the foilowing: a. Methods such as retention basins, drainage diversion strudures,spot grading,silt fencing/coordinated sediment trapping,straw bales,and sand bags shail be used to � minimize erosion on slopes and siltation into Arroyo Grande Creek and its tributaries during grading and construction activities. ' b. Graded areas shall be revegetated within 4 weeks of grading activities . with deep-rooted,native,drought- tolerant species to minimize slope failure and erosion potenGaL lf detertnined necessaryby Planning ; � and Building,irrigation shall be ' _ provided. Geotextilebinding ------ '------------ -----•--- .__ . _._—_-------- .,.. , fabrics shall be used if necessary'"'" • County of San Lu/s Oblspo ES-33 Biddle Ranch Agricultural Cluster Subdivision Project EIR ' Executive Surtlmary , .. -.\ . _ � "__._""_ .'"'" ' _' . ..__ � � k"' Table ES-1. Summary of Project Environmental Impacts, Mitigation Measures, and Residual Impacts;,,,;- _ . , t:;�' � to hold slope soils until vegetaUon , `''` ` ' is established. - - ' `' r c. ARer construdion of trect � � ` � � � i S _ � ` improvemerits,exposed areas shali � ��`' i 3 i:�!r � ' � `" - be stabilized to prevent wind and ' ` r' �` .,:�;� � ' ; watererosion,usingmethods,;` ' r;L 5 . .� 5 - approved by the Piannmg and;� �r ' "" ��` � � * ' Building Department Grading '„ � e , � Division and APCD. These '- . methods may include importing of.:;' � topsoil is to be imported and ` ' � spread on the ground surface in "" I areas having soils that can be , trensported by the wind,and/or the ' mixing of the highty erosive sand . with finer-grained materials(silt or � Gay)in sufficient quantities to ( prevent its ability to be transported . by wind. The topsoil or silUclay , mixture is to be used to stabilize �. the existing soil to prevent its abiliry ; '" to be Vansported by wind. As a minimum, six inches of topsoil or � � silVday/sand mi�cture is to be used to stebilize the wind-erodable soils. ; , d. Where necessary;site preparation ahall inGude the removal of all or a portion of the expansive soils at the � buildmg sites and replacement with compacled fiIL e. Where necessary, consWction on � transitional lots shall include � werexwvation to expose firtn su� grade,use of post tension slabs in f future strudures,or other geologically acceptable method. � f t. l�ndscaped areas adjaceM to , ' atrudures shall be graded so that drainage is away from strudures." ,. p. Imgation shall be controiled so tha{ overwatering does not occur. M ", ' imgation schedule shall be , rehewed and approved by � --, ' Planning and Buiiding prior to land ! use Gearance for grading. i ' h. Greding on s�opes steeper than 5:1 sbali be designed to minimize surface water runoH. ' i. Fills placed on slopes steeper than 5:1 shall be propedy benched prior , to placement of fill. -� j. Brow ditches and/orberms shall be consWCted and maintained above ' atl cut and fill slopes, respedively. k. Cut and fill benches shall be ' --. construded at regular intervala , I. Retaining walls shali be installed to - stabilize slopes where there is a 16-foot or greater difference in � - . elevation between buildable lots. � � J '�-"� - _-.. �._County of San Lufs Oblspo' i -. �. : : ES34 ____._.- - — . - _ :.:��i _ � i - .,_ � .- :, :_.:.,,, Biddle Ranch Agricultural Ciuster Subdivision Project EIR -_ --- . Executive Summary . . c: ..i--_?• '_:L;�. .. . Tabie ES-1. Summary of Project Environmental Impacts, Mitigation Measures, and Residual Impacts' _ __ . , . . . .. ...__.- - , — —� � --.-, -,�.1i ,� .. m. The applicant shall limit excavation, and grading to the dry season of, , t '' � the year(typically April 15 to � � � ' ' ;" t . November 1,aliowing for varfadons � , in weather)unless a Planning and ; � . Building Department Building and ; _ _ . -.�t Safety approved erosion control '.. pian is in place and all measures - therein are in effect. n. The applicant shali post a bond � with the County and hire a Planning and Building-qualified geologist or soiis engineer prior to land use clearence for grading,and to ensure that erosion is conVolled and mifigation measures are properly implemented. - > > -: : : _ ' Impact G3. Portions of the G3(a) Roadway and Trail Alignment With implementation of the above • East Biddle Cluster are underlain Review. During site development and . measure,impacts from potential by the Franciscan Fortnation, grading, an Engineering Geologist or a Soils slope stability hazards would be which presents moderate slope Engineer shall identify potential surtace less than significant. stabiiity hazards. Although slumping areas within and adjacent to ': proposed structures woutd not proposed roadway and trait alignments. be exposed to stopes stabiliry Roads shall be realigned to avoid identified hazards, landsliding could affect surface slumping areas or undedying soils project roadways. This is shall be excavated and recompacted in considered a Class II,signi�cant accordance with the recommendations of a butmitigable, impact. qualified engineering geologist. . � i Impact G�t. The surtace G.1(a) Subdrains. An Engineering With implementation of the above f materials in the West Biddle Geologist or a Soils Engineer shall observe measure,impads from potential i Ciuster allow for percolation of constfuction activiGes to review the potentiat seepage into building foundations ' ; groundwater and may result in for subsurface water. If necessary,subdrains would be less than significant. � seepage into building shail be installed within foundations,soft foundaGons. This is considered a areas,or roadways,to alleviate ponding of Class II,significant but mitigable, water. On the West Biddle Cluster site, � impact, subdrains shall be installed in all'foundations I to alleviate upsiope ponding of water. In addition,subdrains shali be installed within all bts that maintain swales or topographic depressions where a residence is proposed. ' Surface water shall not be concentrated onto surface materials in any lot. ' G-4(b) Access Road Culverts. Culverts shall be constructed under Secondary . Access Road"D"on the proposed West Biddle Ciuster development site to divert surface flow to the main drainage. An Engineering Geologist shall assess the placement of these culverts during grading. _ _ -- _ _. ___ _ ------°-. _ ,� ,. ` : County of San Lu1s Oblspo ES35 � Biddle Ranch Agricultural Cluster Subdivision Project EIR r F�cecutive Summa �i __. ,. , � .,. ... . _.__... _.�..—k_.:rtrt� rti,�;; . - --- i Table ES-1. Summary of Project Environmental Impacts, � Mitigation Measures, and Residual Impacts°� —� � . .'�;r-: _ impact GS. Shallow GS(a)ReducUon of Liquefaction _._...� '_"�mp�ementation of the above �_ groundwater and sandy material Potential. Appropriate techniques to � mitigation measure would reduce ' .,.� near fhe enVance kiosk and minimize liquefaction potential shall be fmpacts from potential liquefaction s parking area for the West Biddle prescribed by an engineering geotogist and to a less than signlficant ievel. i i Cluster aeate a moderate to high implemented by the projed applican6 potenBal for liquefaction in that Suitable measures to reduce Iiquefaction immediate area. Liquefadion impacts could inciude specialized design of ; � could damage sVuctures in this foundations by a structural engineer, � location. This is considered a removal or treatment of Iiquefiable soils to � Clau II,sign�cant but mi6gable, reduce the potential for liquefadion, impact. drainage to lower the groundwater table to ' � below the level of Iiquefiable soiis,in-situ � dens�cation of soils,or other alterations to � the ground characteristics.qll oo-site structures shatl comply with applicable methods of the Uniform Building Code. , DRA/NAGE, EROSION AND SEDIMENTATION impact D-1. During construction, D-1(a) NPDES Pertnit Prior to approval installation of the basins and ' the soil surtace vrould be of Land Use Permits for the tract,the berms,in addition to disrupted and potentialry become applicant shall obtain a NPDES storm water implementation oi BMPs would - subject to erosion,with potential permit from the Califomia Regionai Water reduce impads trom construction off-site sedimentation of the Quality Control Board. A Storm Water erosion to less than significant; � cYeeks. After construdion,some Pollution Prevention Plan (SWPPPj for the levels. ' erosion may be expeded, entire site(not individual lots)shall be ' especially in the existing steep (30%+�sloped areas. This is developed prior to the initiation of grading " considered a Class II,significant and implemented for all construction activity butmiGgeble impact, on the project site. The SWPpP shall , " include specific BMPs to control the " discharge of material from the site and into —� the creeks and local storm drains. BMP - - - - - . ' methods may include, but wouid not be ' ' limited to, the use of temporary retention ' " ' basins, straw bales, sand bagging, - mulching,erosion control blankets and soil ' ` I stabilizers. Additional BMPs should be ` � implemented for on-site construction ' activities inGuding fuei storage and - - handling, concrete waste management, , materiat delivery and storage. A list of ' ' BMPs shali be attached to project plans and � posted at the construction site. "-I i D-1(b)Temporary Bertns and Basins. Temporery berms and sediment basins shall ' be constructed to avoid unnecessary siltaUon into lopl streams during construction . adivities. D-1(c) PermanentDetentionBasfns. ' Permanent detention basin(s)and detention � traps shali be instalied on the project site at locations outside of the stream channei that minimize conveyance of debris and eroded -- — ------ ------ -- - -—- � soils into the unnamed intertnittent drainages and Arroyo Grande Creek. County of San Luis Obtspo ES-36 _ _ _ _ ____--- ---_ _ . . . . . . - ---.�,.y... _.I _ �� : . . _.. , , Biddle Ranch Agricultural Cluster Subdivision Project EIR " ' _.___. ;.: r ExecuHve Summary : _. . - :_x _ .:; Table ES-1. Summary of Project Environmental Impacts, Mitigation Measures, and Residual Impacts __ _ _ . _ . _ . . - - i ._ -. � , . - , D-1(d) Grading and Dreinage Plans ` - �- �� t ' Grading and drainage plans for both the ' �� �` - ' ' � . tract and individual lots shall be designed to , t ' ` minimize erosion and water quality Impads. ' " Plans shali include the following: : , ,y ._ . � J 1�i:�.l 1 � . a. Greding shall be prohibited within : 100 feet of the top of bank of � ` Arroyo Grande Creek and on-sde � - , drainages,with the excepBon of �- " approved trail improvements, � � b. Graded areas shall be revegetated within 60 days of grading activities with deep rooted, native, drought-tolerant species to minimize slope faiNre and erosion potentiaL Geotextile binding fabrics shall be used'rf necessary to hold slope soils until vegetation is established; c. Grading shall be avoided on slopes greater than 30%due to the potential for geologic probiems and endangering lands at lower ' elevations as well as sprting of hillside landforms; - d. Temporary storage of construction equipment shail be limfted to a minimum of 100 feet away from , Arroyo Grande Creek and ornsite drainages;and ! e. Erosion control structures shall be � installed. ! I D•1(e) Grading Limitations. The tract , . ' ' ' developers shall limit excavation and , ; ' grading to the dry season of the year(i.e. ` ,_: : ., � April 15 to November 1)unless a County- � approved erosion wntrol plan is in place and all measures therein are in effect. ' Impact D-2. The project would The following mitigation measure is With implementa6on of the , introduce paved and roofed recommended in addition to Mitigation properly designed stortn drains, ' areas and thus has the potential Measure D-1(c),which would ensure that a . detention basin,and flood conVOl to result in inueased peak permanent sediment traps are installed on easements,flooding impacts would stortnwater discharges and the project site subject to the approval of the be less than,significant. volumes of runoff. Impads are County. , Additionatly,development of the . considered Class II,significant proposed faoilities would reduce but miGgable. D-2(a) Drainage Features. All runoff peak discharge associated with a water from impervious areas shall be 10o-year s4ortn event, Following > • conveyed by impervious conduits via energy implementation of these measures, dissipaters to existing drainage channels. the projeot would result in less than - In addition,drainage shall be consistent with signifipnt impads related to peak approved drainage plans which include: stormwater discharges and volumes of runoff. a. Locations of all proposed pipelines b. Pipe diameters; a Locations where the pipe(s)would surtace in the creek;and d. Amount ot water that would flow____. ..__ _____��._. - from each i eline. : County of San Luis Obispo • ES-37 Biddle Ranch Agricukural Cluster Subdivision Project EIR Ezecutive Summa ` . � Tabie ES-1. Summary of Project Environmentai impacts, ` Mitigation Measures, and Residual Impacts;=,�-± � Impact D3. The projed The following mitigation measure shall be � Impacts would be reduced to Iess � proposes to improve and utilize implemented in coordinatlon with Mitigation, than slgnificant with-------- one e�sting on-site culved Measure D-1(d),whfch directly addresses;�;; implementation of the proposed ! crassing and create an addifional the need for grading and dralnage plans for`. measures. 1 crossing to provide access from the development Lopez Drive to the East Biddle ; Cluster across Arroyo Grande D-3(a) Flood Protection Plan. The' Creek. In addition,the project applicant shall impiement a Flood Protection �' would utilize one existing oo-site p�an addressing debris pluggin � culvert crossing to provide access ��tions and overland esp e 9The P an from Lopez Drive to the West shail indude: P � Biddle Cluster,as well as crossings of unnamed drainages. a. A 100.foot structurai setback from � This creates the poten6al for � biadcage and associated flood the FCD verified top-of-bank of impacts in the 100-year drainage Arroyo Grande Creek and the course. This impact is considered unnamed intermittent on-site ? a Class II,significant but mitigable drainages; impact. b: A greding and drainage plan to � include standard requirements, bank stabilization methods, sediment basins and erosion ! control measures. Sediment traps � shail not be in-channei; c. Culverts shall be designed to convey 100.year storm flows ' without ponding; d. Consideration of altemative crossing methods,such as Arizona (low water)crossings. : ' j If any of these conditions are not met,the � proposed grading and drainage plan must be revised to conform with these specifications. Impact D-5. Project residents D-5(a) Disciosure of Potentlai Hazard. Implementation of the identified and sWdures could be exposed Upon the transfer of reat property on the mitigation measures would reduce to flooding and inundation project site,the transferor shall deliver to potential dam failure hazard hazards in the unlikety event of the prospedive transferee a written impacts to a less than significant failure of Lopez Dam. Impads disclosure statement that shall make all Ievel. are considered Class II, prospective homeowners in the ro osed significant but mi6gable. P P project aware that the project site(s located --- -- -. within a dam failure inundation hazard area. - - Impact D-6. Due to the The fotlowing measures are recommended Implementation of the identified . intensfication of uses proposed in addition to Mitigation Measure D-1(c and mitigation measu�es would reduce on the projed sRe,there is the d)which would control erosion and ensure the potential for storm water potentiai for storm water transport permanent sedimentatioN detention basins trensport of poliutants,bacteria, -. of po�iutants,bacteria,and are installed,thereby enabling sediment to. and sediment in4o downstream - sediment into downsVeam settle out of site runoff. facilities. Impads are considered facilities. Thereby,water quality Class II,signficant but mitigable. impacts would be reduced to less ' : than significant Ievels. '_ , . � . � ��_- _ � � i _. . � � - _ County ofSan Lu/s.Oblspo I ES38 — .... : '"� . . --.__ .=..__- - --�i=� . � I i . _. .- , , ,:��., � . _ Biddle Ranch Agricultural Cluster Subdivision Project EIR _ _.._ _,____ °' *n . �: � .::�- Executive Summa t:i:. .f-�=°.�7:::'� Table ES-1. Summary of Project Environmental;impacts, . -- � - - Mitigation Measures, and Residual lmpacts D-6(a) Equestrian Management Plan. ; ? TM a� s•= + + +! :: ,. � The applicant shali prepare an Equestrian i � � 3=� �"� rn a� m ,� Management Plan to demonstrate-�, ' ' ._.' '� ^^ ,,:v . , sensitivities to storm water transport of . �''* -.� c s ;, ; bacteria and sediment into downstream r "`-''�� �-' °' -�=`� � r i facilities: Appropriate best management '"'' � - . :; ; practices shall be provided in the _'', ', -- '" �°-"�u.. ` �;l'� � •.: management plan,such as on-site mal�ure management, site design charecterisUcs, and citizen awareness and educaUon provisions. On-site manure management ; shall include the provision for cleaning : equestrian facilities and collecting manure in i areas that minimizes the potential for dispe�sion into creek beds,and possibly estabiishing a manure compost system. Deliberate dumping of manure into creekbeds shall be prohibited.However, equestrians shall not be required to Gean � streambeds and trails from normal t equestrian fecal production that occurs while treil riding activities take place. .i . . "'Y,...i i ' . . � D-6(b) Pollutant Removal TEChniques. � The applicant shall integrate into the project � design avaitabte technologies and techniques'to remove pollutants ftom site runoff prior to ente�ing the drainage courses. Such techniques shall indude � reduced slope grading,drainage through y vegetative zones(e.g., bio-swale)and other ' options to intercept pollutants being , conveyed toward drainage paths. ', Technological solutions such as gravelly filter blankets or particulate fiiters(e.g. Fossil Filters) may also be installed as pollutant-removal solutions. �' - ' Y. . .� ��. - _ _ ,.. .. . �. PUBLIC SERV/CES ` ' - Impact PS-2 The projed PS-2(a) Defensible Space Features. The With required mitigation,impads currentty iadcs defensible space applicanl shall be required to impiement , would be�educed to less than features that could result in defensible space features,including security significant levels. relative deaeases in public safety lighting, in common areas,subject to tfie - at the project sAe. Resulting review and approval of the Sheriffs safety concems would be Department. In addition,individual Iot considered a Class II,significant deveiopers shall be required to incorporate tiut mitigable impad. strudural defensible space features, __ inciuding burglary-resistant hardware,into individual building plans. Impact PS>3. The projed would PS-3(a) Road Widths, Fire Hydrants. With required mitigation, impacts, ' increase the number of residents Road widths and ciroulation, as well as the would be reduced to less than served by the CDF/County Fire placement of fire hydrents shall be designed significant levels. ; Department and Iocated within a with the guidance of the Fire Department: A ' fire hazard area. The increase road system that allows unhindered Fire '-� would not substantially affed the Department access and maneuvering personnel,equipment or during emergencies shall be provided. ' ' organization of the Fire Specifically,the following measures are -- -- ---------------- .—_- DePartment. However,the re uired: -- - -.---- -- --._____-- . � , County of San Luis Oblspo ES-39 Biddle Ranch Agricultural Cluster Subdivision Project EIR � Executive Summa _ ._ , . , _ _.__._..__._ _..�. _ _ - Table ES-1. Summary of Project Environmental Impacts, � . Mitigation Measures, and Residual Impacts,: ._� projed would increase the burden . Projed roads must be an all � on CDF/County Fire Department weather surtace at least 20 feet in -- - + services and involves a dirt width, unobstruded b ;.r ; ' --`- Y Parking: __ --._. - __. roadway that could impede Cul-de-sacs and tumouts mustbe � ' '�j emergency access to one to Fire Department standards. If `- � proposed residence. This would the roads are to be a pnvate '� - �� ? � be considered a Class II, system,there must be on going, significant butmitigable, impact. Iegally binding provisions in effect � � to mafntain the roads to Fire Department approval. � • Road grades on all roads shall not �I exceed 16%,per the Uniform Fire ' � Code. ' ' • House numbers and street signs '' � shall be Iighted to County standards so that emergency _ vehicles including police and ' ambulances can locate residences �. in the event of any emergency., • All fire apparatus access.roads and � driveways shall be designed and maintained to support the imposed , � loads of 20 tons at 25 mph,and sfiall be provided with a surtaoe so � as to provide all-weather driving capabilities and maintain 90% . compaction. • Proposed'secondary"Road D - ; � shall be modified so as to meet all - � minimum road requirements for a ' two-way road,and upgraded to a - , —� 'standard"rather than'secondary" roadway. , PS3(b) FireNegeWtion Management —, Pian. The applicant shatl prepare and ' j ' submit a FireNegetation Management Plan to the Fire Department that will meet the " �' following requirements: . -� • The plan must set forth � requirements to assure ongoing ' protection of all structures and ^ roads, both prior to and after lot , sales. ' • The plan shall require 100 feet of 1 clearance from chaparral brush to � structures throughout the - development, and 30 feet of clearance from grasslands to � structures throughout the �,,,;_ � development. ' .J , , . . . � .. . "_ . I.. � ..- . .;.�. . ... . . _. . � - - • -- - '�- -CountyofSanLulsOb/spo . _ ES-40 . . :--.--.. —, — ,. _ i . � � . a ,:.. Biddle Ranch Agricultural Cluster Subdivision Project EIR ` �'' '' ___ . .---- , , ' :.. _,. _ .._.. ._ Executive Summary - - ,;r ='�i : ,.,; Table ES-1. Summary of Project Environmentai�lmpacts, � -. -- -• —.-_ ____.._ . _.__.::.Mitigation Measures, and Residual Impacts , _ .. _..__,:._�-T_.._._______ .__._._..___ _ _ . Vegetation within the first 30 feet of : all strudures must be stridly ; ' irrigated and controlled,with specific shrub species eliminated. � No conifer(except Monterey pine, single specimen),eucalyptus, juniper,cypress, pampas grass, acacia,or palm trees should be allowed within the 100.foot zone. � Coastal live oak(Quercus sp.), Califomia sycamore,Toyon and shrubs/trees approved by the County Fire Department will be , acceptable within the 100-foot zone as well as the 30.foot zone. • The ptan shall outline vegetation management standards such as . -Grasses and groundcovers shall be maintained at no more than 18 inches in height on slopes that require erosion contro�measures. Grasses shailbe mowed ' elsewhere. -Trees must be limbed up to one third of their height to a maximum of 10 feet. ' -Flammable native shrubs shall not be planted or ailowed to grow in continuous masses. Small Gusters � will be allowed as long as the minimum space between Gusters i is observed. i • The FireNegetation Management Pian must cleariy state exactly , what management practices must be accomplished,date of annual ' compliance, and responsibility far ' cost of compliance. . _. . . _.. . _ _ _ • The plan must also include a ' Wildiand Emergency Response .; ' check list(approved by County Fire _ Department)to be made available . _ � to all residents. ` ` _ - . PS-3(c) Structurel Safeguards. Provide _ stringent structural safeguards that would reduce the need for rapid response of first - alarm fire resources. This would inGude the. -. installation of fire sprinklers throughout�; . . ,-�-„ � � � every structure,inGuding garages,attics, � � -':' enclosed patios and overhanging patios. ,;, - • - ' The following features would be required: , . . . . - _ _ : _ ._ -- _ �_._ _�.�_,— -_-- - - � � � • ExteriorS rinklerS stems: If50. ---- - County of San Luls Ob/spo ES-41 Biddle Ranch Agricultural Cluster Subdivision Project EIR Executive Summary � -- -- P -- '. _ _: ._ ' Table ES-1. Summary of Project Environmental Im acts � � " Mitigation Measures, and Resldual Impacts.� ,;.- < :• , . . , ..:;,< r;;y. � --- ------. . foot vegeta8on management zones - ._ . _._ . . . _ ' are not employed,the penmeter - - ---. -______ ____. _ _. ; strudures within the fire hazard' I area must have eMerio�exposure � • sprinkler systems seperately i applied,per NFPA 13.::. .' . i � ; . �• C/ass A Roofs. AII structures In the , development within the fire hazard • area should have non-wood Class A roofs,with the ends of tile � blocked,spark arresters visible - from the street,proper vent screens,and non-combustible gutters and down spouts. No j combustibte paper in or on attic j insuiation shall be altowed. • Designo/AccessoryFeafures. � Decks,gazebos, paGo covers, � fences, etc.must not overhang slopes and must be one-hour fire . _� retardant construction. Front doors should be solid core,minimally 1 '/. . • inch thick. Garage doors should be noncombustible. _� • Ya�d Charactenstics. There should ' be no exterior piles of hay on the property and wooden or plastic --�. j fences or vegetation growing on i ; , fences should be prevented. • PowerLines. All new power lines � wilt be installed underground in ' order to prevent fires caused by � ; arcing wires. —� i Impact PS�. The projed would PS-4(a) Buildout Date Notiflcation.The Mitigation Measure PS-4(b)would generate an estlmated total of 32 applicant shall notify the Lucia Mar Schoot require the full development fees � elementary,middle and high District of the expected buildout date of be charged to a developer by the school students: Students each phase of the project to allow the school districts. CurrenUy the generated by the project would Distrid time to plan in advance for new mitigation fee is$2.05 per square exacerbate ebsting overcrowded students. foot of residential development. conditions at Paulding Middle These fees would contribute School and Artoyo Grande High funding for new school facilities for Schaol. Impacts to these hvo , the students potentially generated schools are considered significant pS-4(b)Statutory Schooi Fees. TFie' '! :�� by the proJed. Pursuant to Section but mifigable,Class II. applicant shail pay the statutory school fees 65995(3)(h)of the Califomia in effect at the time of issuance of building : . Govemment Code(Senate Bill 50, � permits to the appropriate school districts.��° �aptered August 27, 1998),the , .; payment of statutory fees'..fs ' deemed to be full and com lete e - _ _ _ _ . � , �—" - . _ _ _ County.ofSanLuisOblspo _ , . _ .. . : ES-42 -� .._ - - �w.;�r � / _ _ .- ,:_ .. , . Biddle Ranch Agricultural Cluster Subdivision ProjeG EIR _ . ,. _.._- - .. Executive Summary „ � :i:; ? ,,, . Table ES-1. Summary of Project Environmental lmpacts, ___ ___ Mitigation Measures, and Residual Impacts ___ ,.._...... :., • mitigation of the impacts of any __ legislative or adjudicative act,or : both, involving,but not limRed to, . the pianning, use,or developed of real properly, or any change in govemmental organization or reorganization.' Therefore, subsequent to payment of statutory fees,school impacts would be considered less than significant. Impact PS-7. The proposed PS-7(a) ConsWcUon Solid Waste Implementation of the mftigation projed would generate Minimizatlon. During the canstruction measures would reduce solid appro�dmately 104 tons of solid phases of lhe projed,the following waste generation to a less than waste per year. The solid waste mitigation measures will be implemented to significant IeveL disposal services and landfill that reduce solid waste generetion to the would serve the projed have m�imum extent feasible: adequate capaciry to accommodate the waste . Prior to construdion,the contractor generated by the project. will artange for construction However,the projed would resuR recyGing service with a waste in fhe use part of the limited coliedion provider. Rotl-off bins for remaining capacity of the lan�ll. the collection of recoverable Therefore,solid waste generation consWCtion materials will be would be considered a Class II, located onsite. The applicant,or significant but mi6gable impact authorized agent thereof,shall arrange for pick-up of recycled malarials with a waste coliection prowder or shall transport recycled � matenals to the appropriate service center. Wood, concrete,drywall, f metal,cardboard,asphalt, soil,and � land dearing debris may all be • recyGed. . TM contrador will designate a person to monRor recyGing efforts and colled receipls for roll-off bins . ' and/o�construdion waste _ . _ in All subcontradors witl be recYd 8. _. informed of the recycling plan, - inGuding which materials are to be source-separated and placed in Proper bins. . The contractor will use recycied - materials in construdion wherever _ feasible. . The above construdion waste recyding measures will be _ incorporated into the conslruction specifications for the contractoc . PS-7(b)Occupancy Solid Waste - , � : Minimization. During the long-tertn . ' occupancy phase of the project,the - - foliowing mitigation measures will be__ _ - -- implemented to reduce solid waste . County of San Lufs Oblspo ES-43 Biddle Ranch Agricuftural Cluster Subdivision Project EIR �` ' � Executive Summary � _ .___.._._ _._. _ ._, Table ES-1. Summary of Project Environmental impacts, � `"` Mitigation Measures, and Residual..impacts.:;,_, ` . .' .'-�. _. ., ..'ii .�r�n''... a..i.. . � - . eneration to the maximum extent feasible. • , ... . ..: , 9 __ _ . , ._--- -___..__.... - ' ' ' Gardenina Waste: The following mitigation � �- — ' measures will be the responsibihty of the 1� , . �� applicant. , . , • During landscape design hees will be selected for the appropriate size � and scale to reduce pruning waste - over the long-tertn. _ • Slow-growing, drought-toierant � plants will be inGuded in the : r� - _ , _ landscape plan. Drought-tolerent ', ^. - ' plants require less pruning and , -, - generate less long-term pnining_ ., ' � waste,require less water,and - - � require less fertilizer than non . . ", drought-tolerant plants. ' • On-site space will be allocated for a ' � ' compost area to serve the - residentiai development. ' " "` `' ' � � � ! i ' C , � , ; LAND USE Im act MiG ation Measures Residuallm act ' Impact LU-2. Development may LU-2(a) Height Restriction. New homes Implementation of mitigation ' result in land use conflicts that would be deveioped within the measure LU-2(a), as well as the �' behveen the proposed urban viewshed of Biddle County Park(.e., Lots mitigation measures recommended I uses and existing Biddle County 63,64,65, 69, 70,71 and 72)shall be in Sections 4.5,Aesthetics, and Park lands located to the limited to one-story in height. 4.6,Air Quality would reduce northwest of the East Biddle impacts on Biddle County Park to a j Cluster. This is considered a less than signficant level. impacts. Class II, significant but mitigable reiated to increased demand for impact. •park facilities and use of Biddle � County Park are discussed in Section 4.9,Public Services,of this EIR. Refer to Section 4.11, • _ _ Agricultural Resources, of this EIR — for a discussion of project impacts ' • ;�- related to compatibility between � _ � adjacent agricuitural and residential land uses. —� ; - , r . " 'County of San Lu1s 06lspo i _. . -. , _ .ES-44 _ _ _._ --.-._...- -- - -- . � � . 1 . . , z .., ,_. ,. � .. , _. �:=,. _ Biddle Ranch Agricukural Cluster Subdivision Project EIR _ _; , - ,� Executive Summary . . . . . . ... .. , -; C-iE.Li S � . Table ES-1.. Summary of Project Environmental Impacts, _ _ _ Mitigation Measures, and Residual Impacts _ _ _ �._ - _ .._ _ __. - ---; AGR/CULTURAL RESOURCES � `4 '=° � � ° =�� °^- � � Impact AGd. The proposed Mitigation recommended in Section 4.6, � ' Implementation of the miGgaLon , i � projed would alter visual Aesthetics,would reduce the visibility of on-° measures�ecommended in Yr -1;�, conditions on the project site, site development from both public and � Section 4,�,Aesthetics,would r. } and has the potential to create private viewing areas,in addition to ' reduce'visual compatibility impads;; ; visuai compatibiliry conflicts with improving the visual compatibility of the , to a iess than signficant level = ; adjacent agricultural uses and proposed facilities with adjacent agricultural' ' ° grazing land. This is considered and open space areas. � � � _ � - a Class II,slgnificant but " � mitigable impact. " ` Impact AG3. Development AG-3(a) Disclosure of Potential Nuisance. She implementation of the above may result in land use conflicts In accordance with the County Right to mitigation measures would reduce , behveen existing agricultural Farm Ordinance(No.2050),upon the impacts to a less than significant operetions on-site as well as off- transfer of real property on the project site,_ . level. site on adjacent propeRies. This the transferor shall deliver to the is considered a Class II, prospective transferee a written disclosure signifrcant but mitigable, impact. statement that shall make all prospective homeowners in the proposed project aware _ that although potential impacts or discomforts between agricultural and non- agricultural uses may be lessened by proper maintenance,some Ievei of incompatibility - belween the two uses woutd remain. This notification shall include disclosure of , potential nuisances associated with on-site agricultural uses, including the frequency, type, and technique for pesticide spraying, frequency of noise-making bird control _ - devices,dust, and any other vineyard practices that may present potential health . • C - and safety effec[s. Should uop ` ' - - j maintenance practices change substantially' (e.g.,through the use of new agricultural ' chemicals or application techniques), .,_ . . . _ notification shail be provided to existing and ' prospective projecCresidents. ��; AG-3(b) Maintain 300-Foot Agriculturei Buffer. Where feasible,the applicant shall maintain a minimum 300-foot landscaped buffer between residential lots and orchards. AG3(c) Trail Security Measures. In areas adjacent to ircigated cropland,the trail shall incorporate security measures to - discourage trespassing onto adjacent agricuitural lands. These could include, but not be limited to,fencing, signage,and landscaping. The portions of the trail ' adjacent to irrigated agriculture should include gates, such that il can be closed during times that spraying or other sensitive agricultural operations accur. _ ___�__ __..__ __--_ __ _ . . : ��� , County of San Luls Oblspo ES-45 Biddle Ranch Agricuitural Cluster Subdivision ProjeG EIR -" Executive Summa . � -- � _ . _. . ... . _ .... __a. � . . ___.__'_ _._. .. �)-;?,;ie ... � _ '��--• � �._. Table ES-1. Summary of Project Environmentat Impacts, Mitigation Measures, and Residuai Impacts 4 :.�; > ..: ;+:a: -'! Impact AG-4. Several lots in the AG-4(a)Sampiing and Remediation of The fmplementation of the above 1 East Biddle Cluster area would Soils. Soil samples shall be taken within� - mWgation r�easures would reduce, be located in a?eas that are. the project site by a qualified hazardous fmpacts to a less than significant'� ' currenUy In use and have materials specialist ro determine fhe ' level � �;; � � historically been used as presence or absence of banned pestiGdes. ` ;,, �� "�•` �'`, orchards. Development in these If soil sampiing indicates the presence'of � '' "` � areas could expose people to any contaminant in hazardous quantities, ��' is z~ ' � hazards related to residual the RWQCB and DTSC will be contacted to � r. .� Y �� ' � quanti6es of presently-banned determine the Ievel of an necessa < y ' ` ' agricultural chemicals. This is remediation efforts,and these soils shall be �� � considered a Class II,significant remediated in compliance with applicable �;- , , . butmitigable impad. laws. The project appiicant would be � � required to comply with appl(cable local, . state,and federai requirements regarding ` '° site assessment, soils evaluation,and . � J remediation in areas where soil � � contamination is known or suspected to - g occur. Site assessments that resuk fn the need for sal excavation wouid be required " ' - to inGude:an assessment of air impacts " - � 4 and heatth impacts associated with f exwvation adivities; fdentification of any applicable local standards that may be - exceeded by the excavation activities, ^j induding dust levels and noise; . transportation impacts from the removal or ' remedial edivRies;and risk of upset � � _ pradices shouid an accident occur at the � site GROWTH/NDUCEMENT Impact GI-1. The project would GI-1 InfrastrucWre Capacity Lfmitatlons. With the recommended mitigation —? be built in an area not served by Water and drainage infrastructure that - measures,the pot �� � infrastructure.This could have serves the proposed projed shall be sized . further growth on the proJect site pmtacts.'9row[h-inducing to meet onty ihe demands of the projed ;; . . and associat�d environmental � P itseH. _ effeds would be reduced to a less � than si nificant level. � : ! '' 1 . � � _ � � . ; � � i . � . .. - . . ...�.�.. ... . . . � .. . . i . � � . I � � . . . ,.. �� � � � � � ,. i � - . .._. . . . i � .. . .. _ . . .. . ._.. i, .. . , .. . .. . � . _,I . , . .. . .;-_. � , il � -. ._. " _' _..__ . : . ' .'a._..._... .. . � ' � . .... .. . . . . . ES-46 County of San Luls Oblspo . _ _ __ .-- -� _ � - - - :.�� � i _ Biddle Ranch Agriculturdl Cluster Subdivision Projed EIR - Executive Summary _. . ... . . _ - . ,- . ., ... ,; , . _ . � , Tabie ES-1. Summary of Project Environmental Impacts, , . .� : Mitigation Measures, and Residual Impacts . _< .. _ . ,.;. � ' CLASS IIL•LESS THAN SIGNIFICANT ;,; � BIOLOGICAL RESOURCES " � ' . ' :} � : Im act Mid ation Measures Residual Im act .- - Impact B-1. Development of the No mkigation measures are required. - Impacts would be less than project wouid result in the significant. -, removal of Annual Grassland, ' Coastal Oak Woodland,Coastal _ - j Oak Savannah,and Coastal - Scrub habitat. This is wnsidered a Class Iil,less fhan si nifrcant im ad. TRANSPORTATION AND CIRCULATION Im act Miti aUon Measures Residualim act Impact T-1. Development of the No mitigation measures are required. Impacts would be less than project would result in the significant. addition of 832 average daity trips,65 A.M.peak hour trips, and 87 P.M.peak hour trips to the study-area roadways and . intersections. This would not result in exceedances of roadway or intersection LOS standards. Class III,less than . si ni�cant, im acts would result AlR QUALITY Impact AQ-2. Projed traffic Mitigation measures identified in Sedion No significant air quality impacts generation,together with other 4.3, Transporta6on and Circulation would assoGated with CO emissions are _ cumulative traffic associated with effectively mitigate project-related and anticipated. foreseeable development would cumulative CO emission impads. No other ; not result in CO"hotspots". mitigation measures are recommended. � , Therefore,the projed's potential ' to generate CO"hotspots"is i considered to be a Class III,less ' than si nifcant im act. DRAINAGE, EROSION, AND SEDIMENTATION - Impact D-4. Proposed habitable No mitigation measures are required. Impacts related to exposure of . - ; structures wouid not be located in people to flood hazards would be , a flood zone. However,the less than significant entrance kiosk and a poNon of the parking lot at the West Biddle Cluster entrance area would be located within the flood zone associated with Arroyo Grande Creek. Since these facilities would be considered non- habitable,impacts related to flood hazard exposure are considered Class Iil,less than signifrcant. PUBLIC SERV/CES � ' ' ! Impact PS-1. The project would Beyond the required fees described in the Impacts would be less than , : � . increase the number of residents impact statement,no additional mitigation significant. • _. _ ,_ ., _ , ; served by the San Luis Obispo measures are required. , County Sheriffs Department= � t _ _ Due to the projecYs location in a ` '"""° "°�� � County of San Lufs Obispo ES-47 Biddie Ranch Agricultural Cluster Subdivision Project EIR ., Executive Summary , � _._. __: - -. � - -._._.. � _ ____ __.__ s arsel p y populated area,the - � project would inaease response I times. However,upon payment ;- -- --_ _ ._.____ of public faality fees as a +!':='� ,_,- . , >. - - _ _. � condition of projed approval the ,�� ; , � �. ;< � � �� ,� ; _ _ - _ __i projed would not substantially ' " ' � �'� ` ". affed the personnel,equipment.- . � or organization of the SherifPs � ,, j o;; -•- — i . - -- Department. This is considered a - __` ° = ' - ---i Class lll,/ess than significant J � ' . � _ --__� . _ --- ---- - impad. ,, __,. ._ ,._ .---------_._._ . , , : _ .. _. :, :. ., . __ . . _ ._,. ._. -- -ir Impact PSS. The -�� _ No mitigation measures are required. Impacts would be less than i impiementation of 87 single- ' significant. However, lease refer family housing units would p generate demand for parkland. to Section 4.10,Land Use,of this •. The project applicant would be EIR for a discussion of project : required to pay parkland ' impacts related to compatibility �, � with adjacent land uses, including dedication fees in the amount Biddle Park. established by County ` - Ordinance. With payment of _ - these fees,the County wouid ' - � retain sufficient parkland and - open space to satisfy the County -f standard of 3 acres of parkland and open space per 1,000 ' residents. Therefore,the project would result in Class III,less - ` "f than significant,impacts related ' � to park demand. , LAND USE Impact LU-�. On-site - No mitigation measures are re uired; ' j 9 Temporary land use compatibility � construction activity wouid create however,mitigation measures tdentified in conflicts related to construdion temporary noise and air quality Sedion 4.5,Air Qualitywould further activity would be less than - - � ' impacts due to the usebf minimize land use impacts related to signficant The mitigation I construction equipment and construdion. measures recommended in generation of fugitive dust. � Sec6on 4.5,klir Quality,would � These effects could cause further reduce the potential for nuisances at adjacent properties compatibility conflicts. and disrupt agricultural activity. However, because they would be temporary in nature,these - impads are cansidered Class ill, _ _.. _ , /ess than si nificant. _ . .__ � Impact LU3. The proposed No mitigation measures are required. Impacts are considered less than development of 87 single-family. significant units would result in a new i concentration of population and the loss of a substantial area of open land. Since residential -' development on the project site I (as a cluster subdivision)has been anticipated in the County General Plan,these impads � -'! would be considered Class III, /ess than significant impacts. . --� AGRICULTURAL RESOURCES Impact AG-Z. The proposed - No mitigation measures are required. The project would resuR in less '� project would permanently • , _ .; . � -; .. , � than signficant impads related to r _, , , convert areas that previously _ agricuiturel conversion. " '"' ! . supported or could support crop _ ^ai � , , ,. -- . .-. ,•. __.__ CountyofSanLulsOblspo, -- _.._ ,. _ --.. _.-__ ._ ..__ .._,ES-48_ _ . . _- . .. . ._ . .. ._. . . .. . _ ._. .;i.._ I i Biddle Ranch Agricukural Cluster Subdivision Projed EIR - - Executive Summary produdion.' However,'this , , _. , , ,,- . fartnlan,d does not contaln prime ; . - � ` soils and would not be . . ` , ':+ considered protected farmland. Therefore,the project woutd ' " result in Class 111,less than . . ; - _ . . _ signiflcant, impads related to ` � "` ' ` - '- ; , . ---,. a ricultural conversion. -- __ .: _ _ ` I GROWTH INDUCEMENT____ -1� Im act Miti ation Measures Residual Im ct :':'r"'. The proposed project involves None required. No unavoidable significant .•� :,,r ; residential development and does '� environmental impacts relating to ; not include any commercial or economic growth are anticipated.; ' industrial development. �� Therefore,k would not directly generate Jobs or economic activity.In a general sense,the project is e�cpeded to have benefiaal economic effeds on lopl retailers and service providers. The proposed project would None required. No unavoidable significant � increase the County population environmental impacts relating to ` by 235 persons. Because population growth are anticipated:' popuiation growth directly � associated with the project woutd not significantly affed regional resources,direct growth inducing impacts are not considered - significant. _ . CLASS IV.'BENEFICIAL i PUBLIC SERVICES ' � Im act Miti aGon Measures Residual Im act Impact PS�b. The proposed No mitigation measures are required. Impacts would be beneficial. : projed would include a multi- However,there may be impacts� ' , purpose trail that addresses related to agriculture andpiological � County Trails Master Plan,which resources. These impads are.;.,, calls for a trail along the Artoyo described in the appropriate , , Grende Creek cortidor in the sections of this document. All . vicinity of the projed site. With impacts associated with these resped to the provision of public ' issues can be mitigated to a less ; Vails,the projed is considered to than sign�cant IeveL have a Class IV, bene(cial im ad. . . . . - . . . � . _ _� � , � . . . � � � � � . � > . . � .� � � . .. - �. . � . � � . . . . . , '- .�.:i �� � . . ... . . .:. . _ _...._... -- .._ .. . . .. _ : -- -. . .. . . . ., �.... . . . . � . . . . . . . . . ......Y.. . . � .. _ i-,.t;j . _ . . . . _ • - . . _ . -.. _ ._. _ ._. . _. .. _. .._ .. . � .. .'i• ��{� � . .. _ , . . . .. �. . .-.._... .... ._.� . ..I.�_ I____. ' .. - .: . . . . . : '. ...�� . 1:�.� . � . . .... .. .. _ .. .. .. ._.... ..-�_ __. . .. .__. . - . . � . .. . .. .. . .. .. .. . . . ' . . . . . . �..�5.:.: County of San Luls Oblspo ES-49 Biddle Ranch Agricultural Cluster Subdivision Projed EIR Executive Summa ' ,''. The following table identifies the cumulative impacts which may occur under buildout of�the � proposed Biddle Ranch Agricultural Cluster Subdivision Project development. The cumulative- transportation and circulation impacts aze induded in the revious table ' " ' ' � P (Table ES-1). �;.:.,...,,,, ; Table ES-2. Summary of Cumulative Environmental Impacts � �� ' :r,n,. i � �. ,. __",:3;�i� � .-, CLASS L•S1GN/F/CANT AND UNAVOIDABLE . � BIOLOGICAL RESOURCES " Development of the proposed project would contribute to cumulative biological impacts in the area. These impads-f-' would include the loss of wildlife foraging/breeding areas,Ioss of Pismo clarkia, and restridions to rriovement ___,__ opportunities for the CRLF. The cumulative effect of these impacts depends on the proximity of other approved and+ ' proposed projects to the proJect under consideration. The site is currently surrounded by reiatively undisturbed or "- agricultural lands. Due to the loss of foraging habitat, breeding habitat, Pismo clarkia,and CRLF movement habitat ` � that would occur as a result of project developmeM in combinaUon with other expected development in the area, � cumutative im acts to biolo ical resources are considered Class I, Si nificant and Unavoidable. - AESTHET/CS The County Generat Ptan land use designation of the proposed project site is agriculture,and the cluster development of 87 residential units is allowable pursuant to County General Plan Agricultural Ordinance#22(refer to Appendix E of this EIR). Development of the site for residential use was therefore expected and is consi'stent with the General Plan. � Therefore,any impacts to the visual character of the site and the surtounding area were anticipated in the General Plan EIR. However,several other residential projects,as well as commercial and industrial projects are also proposed � for the surrounding areas(refer to Sedion 3.3 of this EIR). Cumulative development of these proposed developments would result in a signifirant cumulative loss of open space and would irtevocably alter the character of the area from rural to semi-rural. The proposed project would incrementally contribute to this change fn aesthetic character of the : � site and the surrounding areas. Cumulative aesthetic impacts are therefore considered Slgnificant and Unavoidable (Class I): . CLASS/ll:LESS THAN SIGN/F/CANT CULTUR.4L RESOURCES Buiid-out of the proposed project in conjunction with other development in San Luis Obispo County has the potentiat to f cumulatively impact archeological and historical resources. Flowever,archeological and historical issues wili be f addressed on a case-by-case basis to mitigate impacts resulting from individual projects. Therefore, no significant cumulative archeological impacts are anticipated to result from the proposed project in conjuncti6n with other projeds _ F in the area. WATER AND WASTEWATER - -- Water Suoolv and Demand The project would utilize approximately 87 AFY of water from the Arroyo Grande . ! Groundwater Basin. However,the project applicant would convert the irrigation system on a portion of the exisGng on- site croplands from a furrow/sprinkler system to a drip system,which would result in water savings that would offset residential water demand. The Arroyo Grande Groundwater Basin may be In overdraft,and cumulaUve projects in the vicinity may exacerbate this overdraft conditioh. However,the proposed project would resuit in a net increase in —, available water in the Basin. Therefore,the projecYs cumulative impad to water resources would be/ess fhan significant Class III. Waste Water Disoosal. The project would rely on a septic system. Cumulative projects in the area would either be connected to municipal wastewater systems or rely on septic systems. The projed would have no bearing on municipal wastewater disposal systems. Percolation charaderistics of individual septic systems in other locations would not be affected by the proposed project. Cumulative impacts would therefore be less than significant. TRANSPORTATION AND CIRCULATION Development of the project would result in the addition of 823 average daily Uips,65 A.M. peak hour trips,and 87 P.M. ! peak hour trips to the study-area roadways and intersections under cumulative conditions. This would not result in exceedances of roadway or intersection LOS standards. Class III,less than signi�cant, impads would result. AlR QUALITY In San Luis Obispo County, impact thresholds have been established to assess a projed's effect on the regional air � quality. A proiect 4hat does not exceed SLOAPCD thresholds and is consistent with the Clean Air Pian and the 1998 ' rCounty of San Lu/s Oblspo ' ES-50 � �" .� Biddie Ranch Agricultural Cluster Subdivision Project EIR Execut3ve Summary - Table ES-2. .Summary of Cumulative Environmental impacts Clean Air Plan is considered to have a less than significant cumulative impact on the airshed. Conversely,a project,, that exceeds the SLOAPCD significance threshotds or is found to be inconsistent with the CAP is considered to result ! in significant cumulative impads. Since the project exceeds the SLOAPCD Tier II thresholds of sign�cance,is ::.�:; � ' considered to be potenUally inconsistent with long-tertn regional air quality planning efforts,the project is expected to; . have significant and unavoidable impacts on air quality. :�;��:i : GEOLOGIC STAB/LITY --• �•� Buildout of pending and approved projects in the greater San Luis Obispo Counry area would increase development in the region. Such development would alter landforms in the County and would expose new residents and property to;: , seismic hazards that exist in the area. The proposed project would incrementally wntribute to these cumulaUve -_,I impads. However,grading and seismic issues would be addressed on a case-by-case basis to mitigate impacts resulting from individual projects. Given that all projects would be required to adhere to seismic standards contained in the Uniform Building Code and County requirements pertaining to grading,less than significant cumulative geological impacts are anticipated to result from the proposed project in conjunction with otherprojects in the area. DRAINAGE, EROSION, AND SEDIMENTATION - Buildout of pending and approved projects in the greater southem San Luis Obispo County area would increase development in the region. Such development would alter landforms in the County and would expose new residents ' and property to hazards from erosion and sedimentation that exist in the area. The proposed project would incrementally contribute to these cumulative impacts. However,grading and associated erosion issues woutd be addressed on a case-by-case basis lo mitigate impacts resulting from individual projects. - Flooding/Drainaae. All development would have the potential to result in an increase in impervious surface area, thereby increasing peak storm runoff in the area. The proposed projeCt may incrementally contribute to this increase: However,the installation of properiy designed detention/siltation basins would reduce peak storm flows. Moreover,ali deveiopment proposals wouid be required to upgrade stormwater infrastructure as needed. Thus,with implementation of required improvements,cumulative impacts peRaining to flooding and drainage are anticipated to be less than significant. Water Qualiri. Development of proposed and pending projects in the project area wouid increase overall activity levels in the area,with potential increases in sedimentation and concentration of contaminants such as oil, grease, and solvents in surface runoff. However,all development on sites of over five acres would be subject to NPDES ' permit requirements pertaining to construction adivity while all development in the County would be subject to various ; County requirements pertaining to controiling erosion and preserving water quality. These standard requirements would be ex ected to reduce cumulative im acts to water uali to a less than si nificant level. PUBLIC SERV/CES Police Protection. Cumulative buildout of the area would increase demands on police protection services by adding both residents and a daytime population,and by increasing traffic that wouid hinder emergency response. Without increases in '; staffing and facilities correlating to these population increases,potentially significant impads could occur. The proposed project would incrementally contribute to this impact. It is anticipated that adequate police services would be developed to accommodate cumulative demand. Fire Protedion. Cumulative buildout of area would increase demands on fire protection services by adding residents and generating additional Vaffic that would hinder emergency response. Without increases in staffing and facilities correlating to these population increases, potentially significant impads could occur. The proposed project would incrementally contn'bute to this impact. it is anticipated that adequate fire services would be deveioped to accommodate cumulative demand. Schools. Cumulative buildout of the area would increase enrollment in the LMSD. In addition to the proposed projed, there are currently six pending residential subdivision projects vrithin the projed vicinity that could result in a total of 25 residen6al units,ail of which would be served by the LMSD. If all of the proposed projects are approved,about 9 new students would attend the local elementary and high schools. Based on current LMSD loading standards,to accommodate these students,one additional classroom would be needed at Pautding Middle School,and one additional classroom would be needed at fvroyo Grande High School. Cumuiative projects are anticipated to significanHy impact the LMSD. The proposed project would contribute incrementally to the cumulative impads. Measures to reduce these impacts inciude requiring the full development fees that may be charged to a developer,notification to the school districts,and paAicipation in a Mello-Roos Disirict. Pursuant to Section 65995(3)(h)of the Califomia Govemment Code(Senate Bill 50,chaptered August 27, 1998),the payment of statutory fees on a project-by-project basis would fully mitigate the costs incurred b an enrollment"�`=z' � Counfy of San Luis Oblspo ES-51 Biddle Ranch Agricuitural CWster Subdivision Projed EIR Euecutive Summa ._' Table ES-2. Summary of Cumulative Environmentai Impacts ' increase from residential projeds. With implementation ofthese measures,cumulative impads to schools would be reduced to a Iess than significant IeveL ' Parks and Recreation. Cumulative buildout of the area would inaease demands for recreational Tacilihes by adding botti' i , residents and a daytime population. The proposed project would incrementally contribute to th1s Increase in demand.�=�� r ' However,upon payment of park mitigation fees,adequate park and open space Iand wouid ebst to serve the demand'�•� ' � generated by the proposed project,in combination with other cumulative projects in the vidntty. Less than signficant =:' � cumulaGve open space,parks and recreation impacts would resuR. • Solid Waste. Cumulative buildout of the area would increase solid waste generation,thereby retlucing the Irtespan of � solid waste landfills serving the area. The proposed project would contribute incrementally to fhe cumuiative impad.to;� ' � landfill capacity. However,cumuiative development in the area would not be sufficient to require an expansion of the_: epsting facilities beyond fhe transfer station that is currenUy under construction. Therefore,the contribution of the." ! proposed projed to cumulative solid waste impads wouid be less than signifipnL LAND.USE Cumulative devetopment throughout the grealer San Luis Obispo County and City of Anoyo Grande area wou�d . gradualiy alter the area's rural charader. The proposed project would incrementally contribute to this substanUal -' ' change. Individual development projects in the region would have the potentiai to create compatibility conflids relating' to the interface of existing urban and rural uses and new urban development. Such conflicts are expected to be — addressed on a case-by-case basis,and assuming that conFlicts can be resoived through the proper use of buffers �� and a ro riate desi n, si nificant cumutative land use com atibili conflicts are not antici ated: AGRICULTUi2AL RESOURCES Cumulatiye development throughout the greater San Luis Obispo County and City of Arroyo Grande area would gradually alter the area's rural charadec The proposed project would incrementaliy contribute to this substantiai ` change. Individual,development projeds in the region would have the potential to create compatibility conflicts relating to the inteiface of historic agricultural uses and new urban development. Such conflicts are expected to be addressed, — on a case-by-case basis,and assuming that conflicts can be resolved through the proper use of buffers and � appropriate design, significant cumulative land use compatibility conflids are not aMicipated. � _ � i i .. . . _. _ . � I ���. . . .. . � .. _I . .. . . , ,. � , . . . . � - � . . - I i . . � . . . . . 'i _ ` -� _ I I 1 . ' ,. --� I � � .. . . .. _ . . .. � :� ' � � . . . . . � . . � � � . . . .. . . _ � • -� � . � ' . _ . � :. .. . _ � . . . � I . . � �,. _.. •. .. . . . . - _:. _; ' -- County of San Lu/s Oblspo.; . ES-52 . � . . . � . . . . , . .. . . . . � � .':;fi5?t 5.... .. � Biddle Ranch Agriculturel Cluster Subdivision Projed EIR ° ' ` ' ' . . . .. .,.. . ,:.. Section 1.0 InVoduction � �� 1.0INTRODUCTION ' x This document is an Envuonmental Impact Report(EIR) for the development of an " approximate 4,719-acre site in unincorporated San Luis Obispo County with 87 single-family residential home sites, access roads,an entry building,a clubhouse with tennis courts and ,<:::�' , swimnvng pool,and ancillary facilities. The projecYs background;as well as the legal basis for preparing an EIR,is described below. _ . . . . -. . . ...zt:;�::,, . _.. . . . .:,. _� . . . . ,.•f. ..± 1.1 PURPOSE AND LEGAL AUTHORITY -- This EIR has been prepared in accordance with the Califoinia Environmental Quality Act `�'' ' ' (CEQA),and the Stafe CE.QA Guidclines. In accordance ivith Section 15121(a)of:the State'CEQA'` Guidelines,the purpose of this EIR is to serve as an informational document that ` - "...zuill inform pu6lic ngency dccrsron-makers and the public generally of the significarit environmental effects oja pmjrct, identifij possi6le:oays to minimize fhe significant effects,and describe reasonahle alternnhcti•s ln t/u projecf...". . • The EIR will be prepared as a Pri�j�rt EIR pursuant to SecHori 15161 of the CEQA Guidelines. A Project EIR is appiopriate for a sFx�cific development project:"As stated in the CEQA Guidelines: "...this type of EIR s1u�u►d fix-��s on flu•cl�nnges rn the environmenf that xoould result fram ' the development. 71u• E!R slml/exanrinc all aspects of the project, including planning, construction and opernfiai." � � This report is to serve as an informatiunal dcxument for the public and County of San Luis Obispo ' decision-makers.The process H•itl cvlmirwte with Planning Commission and Boazd of ' Supervisors hearings to consider ceiti(ication of a Final EIR and a decision whether to approve the I proposed project,possibly H�ith conditions of approval. 1.2 SCOPE AND CONTENT - ! In accordance with the CEQA Gui�49tnes a Notice of Preparatiori(NOP)was distributed for review by affected agencies and the puhlic. The tiOP and responses to the NOP aze presented in Appendix A of this report ' This EIR addresses the issucs detcrtnin�� to be potentially significant by the responses to the NOP,and scoping discussions amon� the public,consulting staff,and the County. The issues addressed in this EIR includr. • Biological Resourcrs • Cultura172esources , , •` Water and Wnstemnfer _ - - ` , Trafficand Circulntion ' �,i., .__ i . AirQuality ' - . . _ � Aesfhetics ` . . . Geologic Stability : _. . _ __. -- _._.._ __ _ . __. __' 4-� ' County of San Lufs Obispo .r ,_, Biddle Ranch Agricuitural Cluster Subdivfsion Projed EIR Section 1.0 InVOduction _.. _ __ __ _ -:.:::. ��> 708 � • Drainage, Erosion,and Sedimentation , • Public Services - Land Use : , .: • Agricultural Resources , ! .. . .. ,_ . � . � .. �-� . �.. .. ". ,: .. ..J ?illi . ': .. '. . . . ; . ' -,. - .. . . .� ._ . . This EIIZ addresses the issues referenced above and identifies otentiall si ' F ��i� ": —� P Y 8n�f�cant :__�».n; I ,environmental impacts,including site-specific and cumulative effects of the p;oject in accordance . with the provisions set forth in the CEQA Guidelines. In addition,the EIR recommends feasible _ mitigation measures,where possible,thaf would reduce or eliminate adverse environmental ' � � effects. • j � In preparing the EIIZ,use was made of pertinent County policies and guidelines,e�dsting EIRs and background documents prepared by the County. A full reference list is contained in Section 8.0,;' References and Preparers,of this EIl2. � . The Altematives section of the EIlZ was prepazed in accordance with Section 15126(d)of the ` � CEQA Guidelines and focuses on altematives that aze capable of eliminatirig or re$ucing —, si cant adverse effects associated with the project while feasibly attaining most of the basic S�?_. i objectives of the project. In addition,the EIR identifies the"environmentally superior"alternative from the altematises assessed. The altematives evaluated include the CEQA-required"No : , — I'rojec�' Alternative,a Mitigated Project Altemative,and two Reconfigured Project Altematives. � ; The level of detail contained throughout this EIR is consistent with the requirements of CEQA and applicable court decisions. The CEQA Guidelines provide the standazd of adequacy on which � ' this document is based. The Guidelines state: "An EIR should be prepared wiEh a sufficient degree of analysis to provide decision- ; ' makers:vith information mhich enables them to make a decision which intelligently � takes account of envi�onmental consequences. An evaluaHon of the environmental � � — effects of the praposed project need noE be exhaustive,buf the sufficiency of an EIR is to , i be reviezved in lighf of what is reasonably feasible. Disagreement among experts dces - nof make an EIR inadequate, but, the EIR should summarize the main points of disagreement among the experts. The courts have looked not for perfection, but for � � adeguan�, completeness,and a good faith effort at full disclosure.°(Section 15151). ' 1.3 LEAD, RESPONSIBLE AND TRUSTEE AGENCIES . � The CEQA Guidelines define "lead," "responsible"and "trustee" agencies. The County of San � Luis Obispo is the lead agency for the project because it has the principal responsibility for '� � ' approving the project. � —I A"responsible agency" refers to public agencies other than the "lead agericy"that has; ' ' discretionary approval over the project. A "trustee agency"refers to a state agency having jurisdiction by law over natural resources affected by a project. The Califomia beparhnent of , Fish and Game (CDFG) has jurisdicfion over biological resources,including drainages that may � be impacted by project development. T'he CDFG is therefore a tru$tee agency. � � _ _ � � . ,_ _ .. _ ! rCounty of San Luis Obispo �_p _. _ -- -- - '— i .»� / _ Bfddle Ranch Agricultural Cluster Subdivision Projed EIR . >:'�.;_;,. _. . Section 1.0 Introduction _ 1.4 EFFECTS FOUND NOT TO BE SIGNIFICANT- - Based on the.scoping process for the proposed project,the County of San Luis Obispo�determuled that there was no substantial evidence that the praject would cause or otherwise result in sigriificant environmental effects in the resource azeas discussed below.,As indicated in the State CEQA Guidelines,no further environmental review of these issues is necessary for the reasons cnmmari�od in the following discussion The substantiation for determ;n;ng that these issues would result in no;impact,or a less-than-significant impact is desCribed in further detail in Appendix A,NOP,pursuant to§15128 of the State CEQA Guidelines. Water Resources . . :;� . . Groundwater Quality: Runoff hom the proposed project.would be directed via existing on-site natural drainages to Arroyo Grande Creek. Surface runoff from the developed site could seep into groundwater and affect groundwater quality;however,this effect would be minor since proposed residential uses would not contiribute substantial amounts of contaminants to runoff. Therefore,the project.would result in less than significant impacts on groundwater quality. •:� Surface Water Quantihj: Implementation of the proposedproject would result in the addition of impervious surfaces that increase the rate of runoff in on-site drainages and Anoyo Grande Creek. However,due to the relatively gmall amount of proposed impervious surfaces (approximately 100 acres) when compared to the total site area proposed to remain pervious (approxunately 4,719 acres),this effect would be negligible. Less than significant unpacts would result. � _ •: Change to Estuaritte Environment: No estuarine or otherwise tidally influenced ; environments are located in the project vicuuty. Therefore,no impacts would result. � Pollution ' •: Hazardous Mnterials: The proposed residenHal uses would be expected to use common _ household chemicals which would be considered hazazdous,but which would not create a substantial health risk on-or off-site. Less than significant impacts would result. ❖ Groundeuater Pollution: As described above,runoff would be conveyed to via existing on-site drainages to Arroyo Grande Creek, and the proposed residential units would not contribute substantial amounts of contaminants to groundwater. Less than significant impacts would result. •:• Other Hazards: The two sets of aerial high voltage lines and several towers.traverse the central portion of the East Biddle Cluster area in an east-west direction and cross in the westem portion of the East Biddle Cluster area..Two paralle1500 kilovolt(k� towers operated by Pacific Gas and \Electric (PG&E) traverse the East Biddle Clusterarea. within a 1050-foot wide easement. The center of the existing southerly tower is located approximately 250 feet from the southerly edge of the 1050-foot wide easement. The center of the northerly tower is located approximately 600-feet from the northerly edge_ '� County of San Luis Obispo� 1-3 Biddle Ranch Agricultural Cluster Subdivision ProjeG EIR � Secfion 1.0 Introduction _ ___ _ , `, . _ _I of the easement. Additionally,one 115 kV high voltage line traverses the East Biddle �' Cluster area within a 50-foot wide easement. - _ . _ . . _ _ � ' � , - ;;; _•.i. --� These facilities could produce electric and magnehic fields (EMFs). The strength of the � field is a function of the line voltage;distance between the Iine and the point of-' � =z�.s i measurement, the design of the line,and the electrical phasing characteristics. .T11e'�'�._: �' County of San Luis Obispo has not established expo'sure criteria for electric or magnetic � fields. To date, expeiimental and field data are inconclusive regazding adverse health >� = ; effects from electrical or magneHc fields. However;the California State Departrnent of- � � Education enacted requirements in 1989 and 1993 for setbacks from electrical =�'- -� � transmission lines for new schools. These guidelines can be used as a conservative'`-"- proxy for residenfial setbacks from transmissions lines to avoid health impacts. — •,According to these guidelines, for 50-133 kV lines,structures must be setback at least .`:. --100 feet from the edge of the easement to ensure that EMFs do not affect occupants, For 500-550 kV lines, structures should be setback at least 350 feet: The east-west high ' voltage lines (500 kV) arc Icicated within a 1050.foot easement. T'he lots neazest to these lines (i.e., Lots 63,65,78, and 79) immediately abut this easement:. However,the neazest ' high voltage lines are at Icast 525 fcet from proposed development in the central porhion -j . , of the site. The northN�est-southcast high voltage lines (115 k� aze located within a 50- foot easement. Nonc of thc proposed lots would violate the Departrnent of Education requirements for setbacks from electrical ti�ansmission lines.Therefore,impacts related to EMFs would be less than significant. Housing and Ene� � � r •:• Creates Substantial Denrnnd f�r Housing: The project would provide 87 residential units. � The project would not im�al�•c thc implementstion of employment-generating uses that would create demand for housing. No impacts would resulk , ; •:• Uses Substantial Anmunt of Fucl nr Energy: Implementation of the proposed project -' ' would require limited amountc of encrgy, induding fossil fuels for the additional vehicle trips to the project site. However, the project would not require large quantities' of energy,nor would energ�• kx� used in a wasteful manner. � i A�ricultural/Minerai Resources I . � •: Eliminates Valuable Mineral Rcsnurces: The San Luis Bay-Inland and Huasna/Lopez Area Plans identify areas of Energy and Extractive Resource Areas (EX) and Extractive Resource Areas (EX�). These combining designations relate to azeas in the county that ! are considered important to local energy or construction aggregate production: If development is considcred in these areas the Board of Supervisors must find that the proposed developments outx�eigh the value of keeping the potential mineral resource -': available for fuhire extracHon" (Framework for Planning-Iniand,page 6-12). The project I site is not located within either of these designated zones. No known mineral resources that would be of future value to the region or'state aie located on the project site.' � Therefore,no impacts would result. I _ , , . .- . . -. . - i , i . � -r � County of San Luis Ob/spo - . _ _. _ 1-4 _._ _ _.. _ _ . _. _._,., ,_ T.'t' � ,�� . Biddle Ranch qgriculturel Cluster Subdivision Projed EIR � " Sectlon 1A IntroducUon ` � " Noise : : - .. . , , , ; ,, . . , _ . . .. .. . . . . . . � „•r- � �;.� �.: .. . .. .. . : . . . . .. . �. �� : ..�.._ . . : _� ...; _. � . _ � ,� �..�. . . � . : •: Increase Existing Noise Levels: The San Luis Obispo County Land Use Ordinance establishes noise level standards of 50 dB Leq during the daytime (i.e.;7:00 a.m.to 10:00 p.m.) and 45 dB Leq during the nigfittime (i.e:,10:00 p:m. to 7:00 a'.m.), and interior noise level standards`of 40 dB Leq during the daytime and 35 dB Leq¢uring the nighttime. The proposed residential uses would result in increased activity:and minor resulting inci�eases in noise levels at the project site, However;the proposed lots aze clustered in the central portions of the East and West Biddle Qusters,away from e�dsting adjacent sensitive residential receptors. The project would generate vehicle trips that would _ increase noise levels along local roadways.,However,due.to the relatively small size of the project(87 units) and resulting trip generation,when compared to:existing traffic volumes on project azea roadways, the proposed residential uses would not substantially increase existing noise levels on or adjacent to the project site. Less than significant ixnpacts would result. - •: Expose SensiHve Receptors to Severe Noise: Sources of noise in the project azea include local roadways,such as Lopez Road, and occasional aircraft overflights. However,due to tlie traffic volumes on the locel roadways and the distance between the proposed lots and these roadways, the project would not exposure future residents to substantial noise levels from these sources. As described above,the project would not generate noise levels-that would significantly affect existing adjacent residential receptors. Less than � significant unpacts would result. i 1.5 ENVIRONMENTAL IMPACT REVIEW PROCESS � The environmental unpact review process,as required under CEQA, is outiined below. The steps , are presented in sequential order. ' 1. Notice of Preparation (NOP) Distributed. Immediately after deciding that an EIR is required, the lead agency must file a NOP soliciting input on the EIIZ scope to "responsible," "trustee," and involved federal agencies• to the State Clearinghouse, if one or more state agencies is a responsible or trustee agency;and#o parties previously requesting noHce in writing(CEQA Guidelines Section 15082;Public Resources Code Section 21092.2). The NOP must be posted in the County Cleik's office for 30 days. A scoping meeting to solicit public input on the issues to be assessed in the EIR is not required,but may be conducted by the lead agency. 2. Draft Environmental Impact Report (DEIR) Prepared. The DEIR must contain: . a) table of contents or index; b) summazy;c) project description;d) environmental seriing; e) significant impacfs (d'uect,indirect,cumulative, growth-inducing and unavoidable impacts); � alternatives;g) mitigation measures;and h) irreversible chariges. , > , _ . _ _ ._.__ __ _ _ _.._-- _-- ,� � . . County of San Luis Obispo 1-5 Biddie Ranch Agricuftural Cluster Subdivision Project EIR Section 1.0 Introduction � . . _ � . . ._. . :_.a-;;.:_::, . . . . . . . ... _. _. ._.. ___.__ _� ' . , . . ...— . __.. ... _ _ : . ;a.i.�.e-� � 1 3. Public Norice and Review. A lead agency must prepare a Public Notice of I Availability of an EIR. The Notice must be placed in the County Clerk's office foi 30 days (Public Resources Code Section 21092). The lead agency must send a copy of its Notice fo anyone reqnesting it(CEQA Guidelines SecGon 1508� 7"�=_ ` - Additionally,public nolice of DEIIY availability must be given through'at le'ast one , , of the following procedures: :a)publication in a riewspaper of geneial circulation; b)posting on and off the project site;and c) direct mailing to owners andt: • occupants of contiguous properties. The lead agency must consult with and ; l : request comments on the DEIR from responsible and trustee agencies,and. ' adjacent cities and counties (Public Resouices Code Sections 22104 and 21253). The minimum public review period for a DEIR is 30 days. When a DEIR is sent to � � the State Clearinghouse for review,the public review period must be 4S days unless a shorter period is approved by the Clearinghouse(Public Resouices Code ' 21091). Distribution of the DEIR may be required through the State Clearinghouse `�' (CEQA Guidelines Section 15305). _' 4. NoHce of Compietion. A lead agency must file a Notice of Completion with the I . State Clearinghouse as soon as it completes a DEIR. 5. Final EIR(FEIR). A FEIR must include: a)the DEIR;b) copies of comments ^� � received during public review;c) list of persons and entibies commenting;and d) i responses to comments: j ; � i � 6. Certification of FEIR. The lead agency shall certify: a) the FEIR has been completed in compliance with CEQA;b) the FEIR was presented to the decision- �' making body of the Iead agency;and c) the decision-making body reviewed and I considered the information in the FEIR prior to approving a project (CEQA.. , :,. Guidelines SecHon 15090). • ; , 7. Lead Agency Project Decision. A lead agency may: a) disapprove a project because of its significant environmental effects;b) require changes to a project to , I reduce or avoid significant environmental effects;ar c) approve a project despite � its significant environmental effects,if the pioper findings and statement of � ovemding considerations are adopted (CEQA Guidelines Sections 15042 and "i 15043). 8. Findings/Statement of Overriding Considerations. For each significant impact of the project identified in the EIR,the lead or responsible agency must find,based on substantial evidence, that either: a) the project has been changed to avoid or --; substantially reduce the magniiude of the impact;b) changes to the project aze within another agency's jurisdiction and such changes have or shovld be adopted; or c) specific economic,social,or other consideiations make the mitigation �' measures or project altematives infeasible (CEQA Guidelines Section 15091)..If an � agency approves a project with unavoidable significant environniental effects,it - _ _. .. . � I r _ - - _ Counfy of San Lu/s.Obispo �_s ..ti��, - ' . � Biddle Ranch Agriwitural Cluster Subdivision Prajed EIR Secdon 1.0 InUoducUon must prepaze a written Statement of Overriding Considerations that set forth the � specific social,econoxnic or other reasons supporting the agency�s decision. 9. Mitigatibn Monitoring/Reporting Program. When an agency makes findings on significant effects identified in the EIR,it must adopt a reporting or monitoring ' progiam for mitigation measures thaYwere,adopted or made conditions of project approval to mitigate significant effects. 10. Notice of Deternunation. An agency must file a Notice of Determination after deciding to approve a project for which an EIR is prepazed (CEQA Guidelines Section 15094). A local agency must file the Notice with the County Clerk. The Notice must be posted for 30 days and sent to anyone previously requesting notice. Posting of the Notice staris a 30.day statute of limitations on CEQA challenges (Public Resources Code Section 21167[c]). f i i � County of San Luis Obispo 1-7 � ... . .. .. . ..__. . ., . .__ . ..... -�-a� �.. � �- _. :: .. , .,: . i . �---- , . . ._--_—_—_� � ... . �+...�.1 � 4°a;1::ft ".1._i.; 11:N iryry..x.,.?l.iti��.�a,a _p... - . "-„"" . .��_.,-......�_. �.:1�7,._�._�;'�`.'i`� � } ^�: . . 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I. � . . . : Biddle Ranch Agricultural Cluster Subdivision Project EIR _ ,. ,,.. _.__ _ . _ , Section 2 0 Project Description - 2.0 PROJECT DESCRIPTION � Summary. The proposed project,known as the Biddle Ranch Agricultural Quster Subdivision ,>'; project,is a proposed 87-unit single-family niral residential development on an approximate ',,i; i 4,719-acre site located within the County of San Luis Obispo,approximately 2.5 miles northeast , ; of the City of Arroyo Grande (refer to Figures 2-1 and 2-2;Figure 2-1 shows the regional location of the project site,while Figure 2-2 shows the site within its local context). An aerial view of the project site with the proposed lots superimposed is shown in Figure 2-3. The proposed % ; residential units would be clustered in the west-central portion of the site,on either side of Lopez Drive (refer to Figure 2-4). Approximately 4,483 acres of the site would remain as agricultural land or preserved as open space: .Proposed residential lots in the westem portion of the site would have average lot sizes of 1.51 acres,while lots in the eastern portion of the site would have average lot sizes of 2.17 acres. Proposed residential lot development would occur on approximately 168 acres,or 3.6 percent of the totai site azea. The project is proposed to be developed in two phases,with each phase having independent services and infrastructure. The first phase would be developed on the west side of Lopez Drive and is referred to as the West Biddle Quster (refer to Figure2-5). The second phase would be located on the eastem portion of the ranch and is referred to as the East Biddle Cluster. This second phase would be implemented upon completion of the Williamson Act non-renewal period in 2005. The project also includes landscaped entry features,water storage tanks,utility extensions (including water service lines),a trail easement alignment,a clubhouse with tennis courts and swimming pool and an equestrian center at the East Biddle Cluster,and a 600-squaze-foot entry building at the West Biddle Cluster. The specific chazacteristics of the project,including the project applicant,proposed structures,and project objectives,aze described below. i 2.1 PROjECT APPLICANT AND REPRESENTATIVE ! � The project applicant for the Biddle Ranch'Agricultural Cluster Subdivision Project is: ,. Talley Farms,Inc P.O.Box 360 Arroyo Grande,CA 93421-0360 ,. Contact:Don Talley The applicanYs representative for the project is: RRM Design Group 3701 S.Higuera Street - . _ _ _..-- - San Luis Obispo,CA 93401 : -.' - , Contact:Jeff Ferber `:�� _e . _ ' .., ._ .:_ . __ �... _ _ . . _ ._. .,._ . .,. .. , _ . . .. __ . . . � County ofSan Luis Oblspo � 21 Biddte Ranch qgricultura�Cluster Su�vision ProJect EIR ' SecHon 2.0 Project pescrip8on � ' � �: ;:. ., , r - : (,� . � ; �=� � ;� � - � „ �.� � t . � � '� '� PhSO ROHI$ �-r. . Cambija� 1 r ' � � � s •�' - r b . r_[� ;,r _ � � . .'. � � S _ j . 3 �i � � y' . � ,a. . � - -� � �C_':a .7! � yi �i . � �- � ♦. r .� ` Y Y ( ��. �Y Jr �,v t ',' �j 0' `� � •.v ,' :� �.. � '��c . , .Templeton i`"�� F. .. : .y. : . <.- „ ,�. -� �� •� , . � , ��: �, "4 . r. . .' :� .i.. . ' i' . . .. _ . .. .. _. , . ., as:., v �- • �.: : S . .. .' t r, � , r .. . ' .... ` ,. '.( � ' .. . ...., _..: � .. - . �. . . . . ' . ... .. . . . .�} . ' 1. . .. :�1� . .�..:1 . , .. �: �. �_ . . .. _ .. , . '�. 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Biddle Ranch PtiqricWtural Cluster Subdivision Projed EIR Section 2.0 Project DescripUon i 2.2 PROjECT LOCATION • The 4,719-acre site is located within an unincorporated portion of the County of San Luis Obispo, ;�. approximately 2.5 miles northeast of the City of Arroyo Grande,and south of and adjacent to � Lopez Lake. The majority of the site(most of the East Biddle CIuster)is located witlun the County :' Huasna/Lopez Planning Area. However,the portion of the East Biddle Cluster that occurs on 1 the west side of Lopez Drive is located within the San Luis Obispo Plazuiing Area. The ' � southwestem porfion of the site(the West Biddle Quster)is generally located within the San Luis ' Bay-Inland Planning Area. The entire West Biddle Quster azea and the majority of the East Biddle Quster (excluding the northeast porfions of the East Biddle Quster)aze located within the : . five mile line from the County's Urban Reserve Line,which extends north of the City of Arroyo Grande. � The West Biddle Cluster area is bounded by Lopez Drive and agricultural uses to the east,a public facility(Lopez lower reservoir) to the north,and rural residential and agricultural lands to : ; the west and south. The East Biddle Cluster azea is bounded by the Varian Ranch,vineyazds and other agricultural uses to the west and north,and by rural residential,grazing and agricultural lands to the.east and south. In addition,recreational vses,including Biddle County Pazk and Lopez Lake,aze located north and west of the East Biddle Quster azea. Figure 2-6 depicts existing on-site and surrounding land use designations. 2.3 EXISTING SITE CHARACTERISTICS _ The project site is currently used for agricultural purposes,including irrigated cropland . . (appmximately 567 aaes,or 12 percent of the site). E�dsting urigated cropland is located in the . westem and northem portions of the East Biddle Quster azea,including the area of the East Biddle Cluster area that extends to the west side of Lopez Drive. The rP**�a;.,der of the site i (approxunately 4,152 aaes or 88 percent),including the vast majority of the East and West Biddle , Quster Areas,is comprised of steeply sloped areas,open grassIand,chaparral,avocado orchards, ' and scattered oak woodland. Much of this azea is currently utilized as grazing lands. Figure 2-7 : depicts the locations of existing agricultural uses on the site. The site is hilly and ranges in elevation from approximately 200 feet above mean sea level(msl)' - neaz Arroyo Grande Creek to approximately 1,800 feet msl at Biddle Peak. F.�dsting structures ', located in the East Biddle Quster azea include the existing winery buildings and#asting room in = the Talley Vineyard azea(west of Lopez Drive),Talley Fazms headquarters(fitteen buildings)and` one residence in the westem portion of the site east of Lopez Drive,four residences in the northem portion of the site,and the remnants of a historic corral and ranch area located in the central portion of the site(refer to Section 4.2, Cultural Resaurces,for a discussion of impacts related to this historic resource). Existing structures in the West Biddle Quster azea aze limited to ' two existing buildings located south of the site entrance. In addition,a water tank is Iocated in '-:,„ ' . both the West and East Biddle Quster azeas. Several easements traverse the project site(refer to' ; ,,; Figure 2-8),including a 1,0.50-foot-wide Pacific Gas&Electric Company(PG&E) easement that °-'-� = accommodates a series of ten aerial high voltage line towers and an additiona150-foot-wide _- ='_i PG&E easement that accommodates an addiHonal series of towers and high voltage electrical _ ....� '° - - . __ __,_.. . 3 , � County of San Luls Obispo ' 2-9 : .. . , .. . - . - � �- � 3 � �• � 4� ' � \ `�i.'�' .h. 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' �`\ � '` � . !1�� . . . ,\ . - � . . .. \ ' . . .... �' 1. . .�..�. . �`\ � . ` `L".-fl�/�ql�l'i:'a .. . . � ".'.1i'9rtr.�. ..j� . � . �. . � i.:l i � . . . . ___. .. _.. . . ,. . ., • _•.,,.. �.� . . . _ . . . a.�. i o� pRROyOC �f � ! uINCORGOR�TED 9� MEMORANDUM � � JUIr 10, 1811 * P c4�/FORa� TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKSICITY ENGINEER� SUBJECT: CONSIDERATION OF AN AMENDMENT TO THE SHAISTP COOPERATIVE AGREEMENT DATE: AUGUST 27, 2002 RECOMMENDATION: It is recommended the Council: A. authorize the Mayor to execute Amendment No. 4 to the SHA/STP Cooperative Agreement No. AG-TEA21-01; and, B. direct the Director of Administrative Services to submit Amendment No. 4 to the SHA/STP Cooperative Agreement No. AG-TEA21-01 to the San Luis Obispo Council of Governments. FUNDING: During the Transportation EquityActforthe 215`Century(TEA-21) programming cycle, the City was successful in securing $370,672 of Regional State Highway Account (RSHA) funds and $422,423 of Urban State Highway Account (USHA) funds from the San Luis Obispo Council of Governments (SLOCOG). DISCUSSION: On August 28, 1999,the City and SLOCOG entered into SHA/STP Cooperative Agreement No. AG-TEA21-01 which lists projects that had a total of $370,672 in RSHA funds and $422,423 in USHA funds. Each year, SLOCOG solicits modifications to the program of projects from each local agency. In July 2002, staff forwarded recommended modifications to Agreement No. AG- TEA21-01 based on the City's current Capital Improvement Program. The City's recommended modifications consisted of transferring cost savings from three completed projects (Paulding Middle School Bike Lanes, Rodeo Drive Sidewalk Repairs, and the Creekside Walk, Phase II) to two current projects (Pavement Management Program Projects and the Creekside Walk, Phase III). There was no change to the total amount of funding programmed. The recommended modifications were approved by the SLOCOG Board on August 7,2002 and are contained in the attached Amendment No. 4 to the SHA/STP Cooperative Agreement No. AG-TEA21-01. CITY COUNCIL ! CONSIDERATION OF AN AMENDMENT TO THE SHAISTP COOPERATIVE � AGREEMENT � AUGUST 27, 2002 t PAGE TWO The Cooperative Agreement is a general agreement between SLOCOG and the City regarding the responsibility of each agency. The specific projects are referenced and attached to allow for future actions such as the transfer of funds between the various projects or the addition of replacement projects. A resolution must be adopted by the City that clearly identifies the o�cial authorized to execute the SHA/STP Cooperative Agreement. On June 2, 1999, the City Council adopted Resolution. No. 3375 which authorized the Mayor to execute SLOCOGs SHA/STP Cooperative Agreement. , ALTERNATIVES: The following alternatives are provided for the Council's consideration: — Approve staffs recommendation; — Do not approve staff's recommendation; — Modify as appropriate and approve staffs recommendation; — Provide direction to staff. Attachment 1. SHA/STPCooperativeAgreement,AmendmentNo.4toAgreementNo.AG-TEA21-01. San Luis Obispo Council of Governments � �� � '� : � .Arroyo Grande � Regiopal Transportation Planning Agency n�es�aa�ro cro�e�s��n Metropolitan Planning Organization MoRO BaY Census Data Affiliate P's°R°bies . Nsmo Beach � Ronald L.DeCerli-Execuave Direc�or SerV1Ce i�llT.11011t fOT' FJ'CCWa S 3i�d�EX IeSSW3 S � � � San Luis Obispo � � Y Y P Y Saq I,uis Obispo County August 8, 2002 Don Spagnolo, Public Works Director Public Wotks Department ' City of Arroyo Grande PO Box 550 Arroyo Grande, CA 93421 Re: SHA/STP Gooperative Agre�ment Amendments Dear Mr. Spagnola :` During the review of the Status of Projects in August 2002;the San Luis Obispo Council of Govemments recommends the foilowing amendments ta the SWA/STt�Cooperative Agreemenr 1. Exhibit A-1 Pavement Nlaintenahce— Actiort; AUgment with savings from Selected City Street completed projects Exhibits A- S & 1 t. ' ' 2. Exhibit A-8 Paulding Middle School Action: Prpject Complete; Move, savings'of$287 tra Exhibit A-1. ✓ 3. Exhibit A-14 Rodeo Drive Repairs Action: Projgct Complete; move savings of$29,387 fo ExhibifA-1; On August 7'",2002, the SL�COG Board approved amending the existing funding on Exhibit A-1 {$195,500) with savings frdm Exhibit A-8 ($?87) and ExMibit A-11 ($29,387). The revisedtotal is $225,174. 4. Exhibit R-10 Greek'side Pedestrian,Path U Actioo: Project Complete move savings of$12;243 to Exhibit A-12 '" 5. 6chibit A-12 Creekside Pedestrian f'ath ill Action: Augment with savings from completed projec! ExhibitA-10. On August 7"', 2002, the SLOCOG Board approved arnending the existing funding for , Exhibit A 12 ($34,636)with savings from Exhibit q-10 ($12,243). 'The revised total [s: $46,879. . 1150 Osos Sueet,Ste: 202, San Luis'Obispo,CA 93401 �Tel. ($QS)78Y-4�19 �Fax1(805j 781-5703 '`, �mail. slocog@slceog;o�g �Intemet, http:/Jwww.slocog.org ""�: I These funds are administered by reimbursement through a cooperative agreement with SLOCOG. The existing cooperative agreement for previously approved USHA and RSHA funding has been updated to include the amended funding for these projects. An amendment to the cooperative agreement was prepared and is included here for signatures. A revised "EXHIBIT A" cover sheet, including revisions to Exhibit A-7 is attached. Please secure the signatures required and retum the signature page to me to formally amend the cooperative agreement. A final executed copy will be returned to you. If you have any questions, please call me at 788-2002. Sincerely, �'^"� � ames J. Worthl� SLOCOG Attachments H:\The LibaMRegional Planners\Cooperative Agreemenlswnoyo Grentle\i-wver to AG tor amend coop 8-8-o2.aoc San Luis Obispo Council of Governments Agreement No. AG-TEA21-01 SHA/STP COOPERATIVE AGREEMENT Amendment No. 4 to Agreement No. AG-TEA21-01 THIS AGREEMENT, is between the San Luis Obispo Council of Governments, referred to herein as "SLOCOG", and the CITY OF Arrovo Grande ' a political subdivision of the State of Califomia, referred to herein as the "CITY". WHEREAS, The City of Arroyo Grande and the San Luis Obispo Council of Governments entered into Agreement No. AG-TEA21-01 on 6-28-99, and WHEREAS, Said agreement is now being modified to reflect San Luis Obispo Council of Governments Board actions on 8-7-2002, altering project funding levels, and WHEREAS, This agreement is hereby revised from the prior list of projects as Exhibit A as attached hereto, effective 8-7-2002. NOW, THEREFORE, BE IT RESOLVED SLOCOG hereby amends Agreement No. AG-TEA21-01 per the attached Exhibit A amended on 8-7-2002, for the projects specified in Exhibits A-1, A-8, A-10, A-11 and A-12. BEITFURTHER RESOLVED The remaining Terms and Conditions of the original agreement (AG-TEA21-01) shall remain in full force and effect. Page 1 of 2 SHA/STP COOPERATIVE AGREEMENT Amendment No. 4 to Agreement No. AG-TEA21-01 SIGNATURES: CITY OF ARROYO GRANDE SAN LUIS OBISPO COUNCIL F GOVERNMENTS By: By: � Michael A. Lady, Mayor Ronald L. De Carli, Executive Director Date: Date: �7.,_ ATTEST By: Kelly Wetmore, Director of Administrative Services/Deputy City Clerk APPROVED AS TO FORM AND LEGAL EFFECT: gy, � C Timothy J. Carmel, City Attomey J c Crawford,SLOCOG ,.ounsel Date: Date: �/ 1"y�� � � Page 2 of 2 H9The Lib�aMReglonal Planners\Coope2�ive Agreemen�sWroyo Grande�2-coop amentl for AGB-B-02.tloc EXHIBIT A APPLICABLE PROJECTS for Agreement No. AG-TEA21-01 EXHIBIT PROJECT NAME PROJECT#(s) Funding Exhibit A-1 285 Pavement Maintenance- Selected City PUAG01 $225,174 Streets Exhibit A-2 Pavement Management Program Plan PUAG02 $28,000 Exhibit A3 Bridge Street Bridge Rehabilitation PUAG03 $49,500 Exhibit A-4 Creekside Pedestrian Path Phase I PUAG04 $2,000 Exhibit A-5 ' Brisco Rd:Halcyon Rd/Rte 101 Project PRAG01 $52,626 Study Report Exhibit A-6 Grand Avenue/East Branch St./Rt. 227 PRAG02 $10,000 Corridor Study Exhibit A-7 3 EI Campo Rd/Rte 101 Project Study Report PR,4G03 $56,933 /Project Development Support Exhibit A-8 5 Paulding Middle School Bike Lanes PRAG04 $111,113 Exhibit A-9 Grand Avenue Reconstruction Project pRp,G05 $125,000 Phase II Exhibit A-10 5 Creekside Pedestrian Path Phase II PUAG05 $50,257 Exhibit A-11 2&5 Rodeo Drive Repairs PUAG06 $20,613 Exhibit A-12285 Creekside Pedestrian Path Phase III PUAG07 $46,879 Exhibit A-13° South County Park and Ride Upgrade PRAG06 $15,000 Total Funding $793,095 1 Amended 4-11-01 to reflect$2626 in added funding to original funding amount of$50,000 2 Administratively amended 6/20/01 (AG correspondence June 5,2001) 3 Amended 11-15-01 to reflect$31,933 in added funding to original funding amount of$25,000 4 Administratively amended 11/75/01 (AG correspondence Oct. 25,2001) 5 Administratively amended 8-7A2 (AG correspondence Aug. 8,2002) M:\T�e LIEnry\Reglonal Plannero\COapentiva AgreemanbWroyo GnntleU-AG coop ezhibit•modHieA Bd-02.tloc � Exhibit A-1 I (to Agreement No. AG -TEA21-01) Project Number: PUAG01 Grantee: Citv of Arrovo Grande Project Title: Pavement Maintenance Funding Type: Urban SHA ($225 174) Work Implementation Period: Jul 1, 1998 to Jun 30, 2003. Approved: October 6, 1998 Amended: August 7, 2002 Project Schedule and Funding Summary: Pavement Maintenance-Selected Ci Streets FUNDING Fiscal Year RSHA USHA Local(1) Local(2) Other(1) Other(2) TOTAL ��� Milestones (date canplete) FY98/99 $ 45�500 $ 200�000 $ 245,500 nnnua�Mairrtenance CansWCtion FY 99/00 $ 50,000 $ 200,000 $ 250,000 �ie� FY 00/01 $ 50,000 $ 200,000 $ 250,000 FY 01/02 $ - $ 200,000 $ 200,000 FY 02/03 $ 79,674 $ 200,000 $ 279,674 Totdl $ - $ 225.174 $ 1,000,000 $ - $ - $ - $ 1,225.174 Reimburse- 0.0% 18.4% 81.6% 0.0% 0.0°/a 0.0% ' ment Rate Project Description: An annual apportionment of USHA funds for the maintenance of City streets as presented in the City of Arroyo Grande's Pavement Management Program Plan. Billing Period: Reimbursement of this project may begin upon the San Luis Obispo Council of � GovernmenYs (SLOCOG) receipt of the signed cooperative agreement. The CITY may submit invoices on a monthly basis during the Work Implementation Period, and must submit certification of project completion and a final invoice within 2 months after the Work Implementation Period. Costs � incurred outside the Work Implementation Period are ineligible for reimbursement. Special Provisions: t 1. Equipment purchases not identified herein, must have written approval prior to purchase. 2. Reimbursement of costs from funding sources administered by SLOCOG shall be provided on a pro rata basis determined by the percentage share each source is of the total project cost. The total funding contribution from SLOCOG for this project is not to exceed the amounts identified in the table above under RSHA and USHA totals. 3. Opportunities for enhancing bicycle and pedestrian travel in the project area should be considered and implemented, where appropriate and feasible, as part of the project. Exhibit A-8 (to Agreement No. AG-TEA21- 01) Project Number: PRAG04 Grantee: Citv of Arrovo Grande Project Title: Pauldinq Middle School Bike Lanes Funding Type: Repional SHA($111.113) Work Implementation Period: Oct 6, 1998 to Jun 30, 2000 Approved: October 6, 1998 Amended: August 7, 2002 Project Schedule and Funding Summary: Pauldi Niddle Sdiool Bike Lanes FUNDING Fscal Year RSFIA USFIA Local(1) Local(2) Other(1) Other(2) TOTAL �� Alilestor�es PROP 176 (daoe oorrpete) �-� FY98J99 $ 11,000 $ 11,000 a,,erdeid-sgs C«st.sr�t-s�ss co�.ea-ass FY99/00 $ 111,113 $ 211,760 $ 322,873 capproea�arge TOt21 $ 111,113 $ - $ - $ - $ 272,760 $ - $ 333,873 ��� 33.3% 0.0% 0.0% 0.0% 66.7% 0.0% 100.0% merrt Fiate Project Description: The proposed project will consist of installing new utilities, sewer, water, storm drains, curb, gutter, and sidewalk in a 300 foot long widened section of Huasna Rd, and restriping the entire length of Huasna Rd. from East Branch St. to the eastern City limits to create Class II bike lanes. Installation of signage and delineating five-foot lanes on the edge of the vehicle lanes for bike traffic only. Billing Period: Reimbursement of this project may begin upon the San Luis Obispo Council of Government's (SLOCOG) receipt of the signed cooperative agreement. The CITY may submit invoices on a monthly basis during the Work Implementation Period, and must submit certification of project completion and a final invoice within 2 months after the Work Implementation Period. Costs incurred outside the Work Implementation Period are ineligible for reimbursement. Special Provisions: 1. Equipment purchases not identified herein, must have written approval prior to purchase. 2. Reimbursement of costs from funding sources administered by SLOCOG shall be provided on a pro rata basis determined by the percentage share each source is of the total project cost. The total funding contribution from SLOCOG for this project is not to exceed the amounts identified in the table above under RSHA and USHA totals. 3. Opportunities for enhancing bicycle and pedestrian travel in the project area should be considered and implemented, where appropriate and feasible, as part of the project. I Exhibit A-70 (to Agreement No. AG-TEA21-01) Project Number: PUAGO5 Grantee: Citv of Arrovo Grande Project Title: Creekside Pedestrian Path — Phase II Funding Type: Urban SHA ($50.257) Work Implementation Period: July 1, 1999 to July 1, 2001 Approved: October 29, 1999 Amended: August 7, 2002 Project Schedule and Funding Summary: Creekside Pedestrian Path Phase II FUNDING Fiscal Year RSHA USFW Laca1(1) Local(2) Other(1) Other(2) TOTAL ��� Milestones 5T1P TE (���y�y) FY00/01 $ 32,379 $ 3,634 $ 250,000 $ 286,013 oesign-ag9 � Av�rcl Bid-6/99 Canst.Shart-7/99 FY01/02 $ 17,578 $ 17,878 Canst.End-p5�01 Total $ - $ 50,257 $ 3,634 $ - $ 250,000 $ - $ 3Q3,891 i Reimburse- r ment Rate 0.0% 16.5% 1.2°/a 0.0% 82.3% 0.0% 100.0% i (First$32,375 USHA reimbursed on a pro-rata ratio of I I.47%of invoice total;remaining$3Q 125 reimbursed at 100%of i invoice total) Project Description: Construct a new bluff top path with rustic guardrail along south side of Arroyo � Grande Creek between Mason St. and Short St fronting the Heritage House and the relocated Santa ' Manuela School House; table for picnics and bench overlooking creek; museum garden and new trees along path. Complete the reconstruction of existing non-standard access points and other � pedestrian treatments, along the north side of Arroyo Grande Creek between Mason St. and Short St. The existing north access point that leads down to the pathways that run along Arroyo Grande Creek ; are not constructed to current design standards and have deteriorated to such a point that in some areas they could be dangerous for public access. Billing Period: Reimbursement of this project may begin upon the San Luis Obispo Council of GovernmenYs (SLOCOG) receipt of the signed cooperative agreement. The CITY may submit invoices on a monthly basis during the Work Implementation Period, and must submit certification of project completion and a final invoice within 2 months after the Work Implementation Period. Costs incurred outside the Work Implementation Period are ineligible for reimbursement. Special Provisions: 1. Equipment purchases not identified herein, must have written approval prior to purchase. 2. Reimbursement of costs from funding sources administered by SLOCOG shall be provided on a pro rata basis determined by the percentage share each source is of the total project cost. The total funding contribution from SLOCOG for this project is not to exceed the amounts identified in the table above under RSHA and USHA totals. Exhibit A-11 (to Agreement No. AG-TEA21-01) Project Number: PUAGO6 Grantee: Citv of Arrovo Grande Project Title: Rodeo Drive Reaairs Funding Type: Urban SHA ($20 613) Work Implementation Period: July 1, 1999 to July 1, 2001 Approved: October 29, 1999 Amended: August 7, 2002 Project Schedule and Funding Summary: Fiscal Year RSHA USHA Local (1) Local (2) Other(1) Other(2) TOTAL pec e Milestones OE3 STATE r FUNDS (date complete) FY 01/02 $ 20,613 $ 139,398 �: $ 160,011 Design 9/01 $ _ ot0 3 ' $ 20�673 s - a -� a 139�398 $ - $ 160�ON .'�, eim urse- 0.0% 12.9% 0.0% 0.0°h 87.1% 0:0% 100.0% ment Rate ' Project Description: Reconstruct 570 linear feet of curb, gutter, and sidewalk along Rodeo Drive in the City of Arroyo Grande. Curb and sidewalk was undermined by erosion during 2000/2001 rainy season due to grading issues in the vicinity. , Billing Period: Reimbursement of this project may begin upon the San Luis Obispo Council of ' GovernmenYs (SLOCOG) receipt of the signed cooperative agreement. The CITY may submit invoices on a monthly basis during the Work Implementation Period, and must submit certification of project completion and a final invoice within 2 months after the Work Implementation Period. Costs incurred outside the Work Implementation Period are ineligible for reimbursement. Special Provisions: 1. Equipment purchases not identified herein, must have written approval prior to purchase. 2. Reimbursement of costs from funding sources administered by SLOCOG shall be provided on a pro rata basis determined by the percentage share each source is of the total project cost. The total funding contribution from SLOCOG for this project is not to exceed the amounts identified in the table above under RSHA and USHA totals. f I Exhibit A-12 i (to Agreement No. AG-TEA21- 01) � Project Number: PUAG07 Grentee: Citv of Arrovo Grande Project Title: Creekside Walk Phase III Funding Type: Urban SHA ($46.879) Work Implementation Period: July 1, 1999 to July 1, 2003 Approved: October 29, 1999 Amended: August 7, 2002 Project Schedule and Funding Summary: Creekside Pedestrian Path Phase III FUNDING Fiscal Year RSHA USHA Local(1) Local(2) Other(1) Other(2) TOTAL ��t� Milestones Const Ta�c rzna 200o re �dace mr�qece� $ - Design-03/02 Construd O6/0.9 FY 02/03 $ 46,879 $ 364 $ 265,000 $ 312,243 � Total $ - $ 46,879 8 3sa $ - $ 265,000 $ - $ 312,243 ��u� 0.0% 15.0% 0.1% 0.0% 84.9% 0.0% 100.0% ment Rate Project Description: Construct a new bluff top path with rustic guardrail, expanded walkways, wooden overlooks, street furniture, and theme lighting along north side of Arroyo Grande Creek between Bridge Street and Short Streets in the Village of Arroyo Grande. Billing Period: Reimbursement of this project may begin upon the San Luis Obispo Council of GovernmenYs (SLOCOG) receipt of the signed cooperative agreement. The CITY may submit invoices on a monthly basis during the Work Implementation Period, and must submit certification of project completion and a final invoice within 2 months after the Work Implementation Period. Costs incurred outside the Work Implementation Period are ineligible for reimbursement. Special Provisions: 1. Equipment purchases not identified herein, must have written approval prior to purchase. 2. Reimbursement of costs from funding sources administered by SLOCOG shall be provided on a pro rata basis determined by the percentage share each source is of the total project cost. The total funding contribution from SLOCOG for this project is not to exceed the amounts identified in the table above under RSHA and USHA totals. E pRROYp S��■ � c? , INCOflPORATED 92 f " " MEMORANDUM � JUIY 10, IB11 * c9�/FORN�P TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER� SUBJECT: CONSIDERATION OF A PROGRAM SUPPLEMENT AGREEMENT WITH CALTRANS FOR THE SCENIC CREEKSIDE WALK THROUGH THE HISTORIC VILLAGE OF ARROYO GRANDE, PHASE III PROJECT DATE: AUGUST 27, 2002 RECOMMENDATION: It is recommended the Council: i I A. adopt the attached resolution authorizing the Mayor to execute Program � Supplement Agreement No. 768 with Caltrans; and, B. direct the Director of Administrative Services to submit the executed Program � Supplement Agreement No. 768 and authorizing resolution to Caltrans. � FUNDING: f The City was successful in securing $140,000 of State Transportation Improvement � Program (STIP), $125,000 of Federal Transportation Enhancement (TE) and $34,636 of � Urban State Highway Account (USHA) funds for the Scenic Creekside Pedestrian Walk, ' Phase III capital improvement project. ! DISCUSSION: 'I� On February 14, 2002, the Creekside Walk working group met and agreed on the scope � and design features for Phase III of the Creekside Walk project. The working group � consists of representatives from the Public Works and Parks, Recreation & Facilities � Departments, the Arroyo Grande Village Improvement Association, the South County Historical Society, Downtown Parking Advisory Committee, and the design Consultants. f The project generally consists of a bluff top promenade and expanded park area on the � north side of Arroyo Grande Creek between Bridge Street and Short Street, and restriping of the Olohan Alley parking lot to accommodate additional parking spaces. The project scope was based on the project priorities adopted by the City Council in October 1999. It is anticipated that construction will begin in January 2003 and be completed prior to the � Strawberry Festival in May 2003. I ( i i CITY COUNCIL CONSIDERATION OF A PROGRAM SUPPLEMENT AGREEMENT WITH CALTEANS FOR THE SCENIC CREEKSIDE WALK THROUGH THE HISTORIC VILLAGE OF ARROYO GRANDE, PHASE III AUGUST 27, 2002 PAGE 2 Before the City can begin invoicing for reimbursement of the work performed on any phase of a State funded project, a Program Supplement Agreement must be executed between the City and the State. A Program Supplement Agreement is a project-specific agreement that is incorporated into the general Master Agreement for State funded projects already entered into by the City and State in 1991. It formalizes the financial responsibilities and provisions for a specific State funded project. It identifies the reimbursable phase(s) of work in addition to the types and amounts of Federal, State and local funds used to finance the locally sponsored project. It is the contractual basis for the State to pay the local agency for work done. f � A resolution that clearly identifies the official authorized to execute the Program Supplement Agreement must be attached to each Program Supplement Agreement in ; order to be fully executed. i ALTERNATIVES: ,I The following alternatives are presented for the Council's consideration: - Approve staff's recommendations; - Do not approve staff's recommendations; - Modify as appropriate and approve staffs recommendations; or � - Provide direction to staff. ' Attachment: 1. Program Supplement Agreement No. 768 jep232.5607�Phase III\Grants\State STIP-$140K\prog.supp.staif.report.wpd RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 768 TO ADMINISTERING AGENCY- STATE AGREEMENT FOR STATE FUNDED PROJECTS NO. 000199 FOR THE CREEKSIDE PEDESTRIAN WALK, PHASEIIIPROJECT i WHEREAS, the City and the State have entered into Administering Agency-State ' Agreement for State Funded Projects No. 000199 on August 2, 1999; and WHEREAS, Program Supplement No. 768 to the Administering Agency-State Agreement i for State Funding Projects No. 000199 designates the State funds requested and the matching funds to be provided by the City of Arroyo Grande for all phases of the Scenic Creekside Walk, Phase III capital improvement project; ! WHEREAS, the City of Arroyo Grande is eligible to receive State Transportation Improvement Program (STIP) funds for this project. NOW, THEREFORE, BE IT RESOLVED,that the City Council ofthe City of Arroyo Grande hereby: A. Approves Exhibit "A" attached, entitled "Program Supplement No. 768 to Administering Agency-State Agreement for State Funded Projects No. 000199" B. Appoints the Mayor as the official representative authorized to execute Program Supplement Agreement No. 768. On motion of Council Member , seconded by Council Member and on the following roll call vote, to wit: � AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of 2002. RESOLUTION NO. PAGE 2 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK � � APPROVED AS TO CONTENT: i � STEVEN ADAMS, CITY MANAGER ; APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY EXHIBIT "A" PROGRAM SUPPLEMENT NO. 768 Date:Tuly 25,2002 to ADMINISTERING AGENCY-STATE AGREE�,+NT �catioa:05-SLO-O-ARGD Project Number:RpL-5199(016) ' FOR STATE FUNDgD PROJECTS NO. 000199 8-p+• Numbar:05-4A0884 Locofle:5199 This PROGRAM SUPPLEMENT,effective 06/30/2001,is hereby incorporated into the Administering Agency-State Agreement No.000199 for State Funded Projects entered into between the ADMINISI'ERING AGENCY and the STATE with an effective date of OS/02/99 and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is adopted in accordance with Article I of the aforementioned Mas[er Agreement under au[hority of Resolu[ion No. approved by the ADMINISTERING AGENCY on (See copy attached). The ADMINISTERING AGENCY further stipulates that as a condition to payment of funds encumbered to this project,it accepts and will comply wi[h the Special Covenan[s and Conditions set for[h on the following pages. PROJECT LOCATION: � Arroyo Grande- north side of Arroo Grande Creek between Bridge and Mason Streets � I TYPa Oi+ WORK: Construct a bluff top pedestrian promena i i $stimated Cost State FuaBs Matching Funda r STATE $140,000.00 i.00ni. Other 1R�ad OTi�R $255,000.00 $364.00 $114,636.00 $0.00 CITY OF ARROYO GRANDB ' STATB OF CALIFORNIA DeDartment of Traasportation BY Hy Date Chief, Office of Project Ii[Splemeatatic aivision of Local Assistance Date Title I hereby certify uDOn ap. yeraonal ]mowledqe that buflgeted funCa are available Eor ihie encumbraaca: AcCOUIItiIIg OffiC9i� D8t6 � G $140,000.00 ChaDter Statutee Item ar Program eC Catefloxy Fuafl gouzce 7�p� 5z 2000 2660-101-042 2000-20p1 20.30.600.635 S 262040 042-T 14Q000.00 Proqram 3upylement 00-0199-768- SERIAL Page 1 of 3 � OS-SLO-O-ARGD 07/25/2002 RPL-5199(016) SPECIAL COVENANTS OR REMARKg 1. This PROJECT is programmed to receive funding from the 1998 State Transportation Improvement Program (STIP) , as amended. Flinding may be provided under one or more components. A component (s) specific fund allocation is required, in addition to other reguirements, before reimbursable work can occur for the component(s) identified. Each allocation mill be assigned an effectiva date and identify the amount of funds allocated par component(s) . This PROGRAM SUPPLEMEb7T has been prepared to allom reimbursement of eligible PROJECT expenditures for the component(s) allocated. The start of raimbursable expenditures is restricted to the later of either 1) the effective date of the Master Agreement, 2)the I effectiva date of the PROGRAM SUPPLEMENT, or 3)the effective date � of the component specific allocation. f 2 . STATE and ADMINI3TERING AGENCY agree that additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE approved Allocation Letter and Finance Letter. ADMINISTERING AGENCY agrees that STATE funds available ' for reimbursement mill be limited to the amount allocated by the California Transportation Co�nission (CTC) and/or the STATE. 3. This PROJECT is subject to the timely use of funds provisions enacted by Sanate Bill 45 (SB 45) , approvad in 1997, and subseguent CTC guidelines and State procedures approved by the CTC and STATE, as outlined below: P'unds allocated for the environmental & permits, plan specifications & estimate, and right-of-way components are available for e�enditure until the end of the second fiscal year following the year in which the funds were allocated. Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 12 months of the construction fund allocation and complete tha construction or vehicle purchase contract within 36 months of award. 4. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between componants. An approved tima extension will Program Suyylement00-0199-768- SERIAL Page 2 of 3 ' 07/25/2002 OS-SLO-O-ARGD ,RPL-5199(016) SPECIAL COVENANTS OR RF'MaRRs revise the timely use of funds criteria, outlined above, for the component(s) and allocation(s) requested. Approved supplementary , allocations, time extensions, and fund transfers between components, made after the execution of this PROGRAM SUPPLE[+�NT � will be documeated and considered subject to the terms and i conditions thereof. I Documentation for approved supplementary allocations, time , extensions, and fund transfers between components, will be a � STATE approved Allocation Letter, Fund Tranafer Letter, Time ( Extension Letter, and Finance Letter, as appropriate. 5, This PROJECT will be administered in accordance with the CTC STIP guidelines, as adopted or amended, and the 3TATE Procedures for Administering Local Grant Projects in the State Transportation Improvement Program (STIP) , the Local Assistance Program Guidelines, and the Local Assistaace Procedures Manual. Tha submittal of invoices for project costs shall be in accordance with the above referenced publications and the following. 5, The ADMINISTERING AGENCY shall invoiCe STATE for environmeatal & permits, plans specifications & estimate, and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion to maka the final payment to the contractor and prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment. 7. All obligations of STATE under the terms of this Agreement are subjact to the aBpropriation of resources by the Legislature and the encumbrance of funda under this Agreement. Funding and reimbursement are available only upon the passage of tha State Budget Act containiag thesa STATE funds. Program SwHHlament00-0199-768- SERIAL Page 3 of 3 �� STATE OF CALIFORNIA. BUSINESS TRANSPORTATION AND HOUSING AGENCY GRAY DAVIS Governor — -- DEPARTMENT OF TRANSPORTATION Division of Local Assistance 7120 N STREET P.O. BOX 942874, MS# 1 Sacramento, CA 94274-0001 TDD(916)654-4014 (916)654-3151 Fax(916) 653-7621 File: 05-SLO-O-ARGD August 2, 2002 RPL-5199(016) Arroyo Grande- north side of Arroo Grande Creek between Bridge and Mason Streets Mr. Don Spagnolo Director Of Public Works/City Engineer City of Arroyo Grande PO Box 550 Arroyo Grande, CA 93421 Attn: Ms. Jill E. Peterson Dear Mr. Spagnolo: Enclosed is an original and one copy of Program Supplement Agreement No. 0768 Rev. 000 to Administering Agency- State Master Agreement No. 000199 . � Please sign both Program Supplement Agreements and return them to this office, Office of Local Programs - MS1. Alterations should not be made to the agreement language or funding. Attach your local agency's certified authorizing resoiution that clearly identifies the project and the official authorized to execute the agreement. A fully executed copy of the agreement will be returned to you upon ratification by Caltrans. Your prompt action is requested. No invoices for reimbursement can be processed until the agreement is fully executed. Sincerely, L_� � �p„ FARDAD FALAKFARSA, Chief r Office of Project Implementation, South Division of Local Assistance I Enclosure c: OLP AE Project Files � (05) DLAE -Jerald T. Gibbs ! � CITY OF ' ARROYO GRANDE AUG 2 2002 PUBLIC WORKS DEPT. PROGRAM SUPPLffi�NT NO. 768 Date:July 25,2002 to Locatioa:05-SLO-O-ARGD ADMINISTERING AGENCY-STATE AGREEbgNT pro'eCt Number• � •RPL-5199(016) FOR STATE FUNDED PROJ&CTS NO. 000199 g,A. Numbar:05-4A0884 Locoda:5199 This PROGRAM SUPPLEMENT,effective 06/30/2001,is hereby incorporated into the Administering Agency-Sta[e Agreemen[ No.000199 for State Funded Projects entered inro between the ADMINIST'ERING AGENCY and the STAT'E with an effective date of 08/02/99 and is subjec[to all the terms and conditions thereof.This PROGRAM SUPPLEMENT is adopted in accordance with Article I of the aforementioned'Master Agreement under authority of Resolution No. approved by the ADMINISI'ERING AGENCY on (See copy attached). The ADMINIST'ERING AGENCY further stipulates that as a condition ro payment of funds encumbered to this project,it accepts and will comply with the Special Covenants and Conditions set forth on the following pages. YROJECT LOCATION: Arroyo Grande- north side of Arroo Grande Creek between Bridge and Mason Streets �a oF A/ORK: Construct a bluff top pedestrian promena ( i $stimated Cost State Punds Matchiaq Funds f STATE $140,000.00 LOCAL Othar Pund OTHER I $255,000.00 $364.00 $114,636.00 $O.pp � � I CITY OF ARROYO GRANDB : ' STATH OF C1ILIFORNIA � Dapartment of Transportation � By $Y Date Chief, Office of Project �ylementatic � Divisioa of Local l�saistaace Date Title I Lereby certlfy uDOa ary ysrsoaal kaowladqe that buflgated funds ara available foz thia eaoumbraace: Accouating Officer�� Date ,',� G $140,000.00 chapter statutea item ar Program HC category Pund swrce A270IINT 52 2000 2660-101-042 2000-2001 20.30.600.635 S 262040 042-T 140,000.00 Program Supylemant 00-0199-768- SERIAL Page 1 of 3 ' OS-SLO-O-ARGD 07/25/2002 RPL-5199(016) SPECIAL COVENANTS OR REMARRg 1. This PROJECT is programmed to receive funding from the 1998 State Transportation Improvement Program (gTIP) , as amended. E�nding may be provided under one or more components. A component (s) specific fund allocation is requirad, in addition to other reguirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effactive date and identify the amount of funds allocated per component(s) . This PROGRAM gpppLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component (s) allocated. The start of reimbursable e�enditures is restricted to the later of either 1) the effective date of the Master Agraemeat, 2)the effective date of the PROGRAM SUPPLEb�NT, or 3)the effective date of the component specific allocation. 2. STATE and ADMINISTERING AGENCY agree that additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE approved Allocation Letter and Finance Letter. ADMINISTERING AGENCY agiees that STATE funds available for reimbursement will be limited to the amount allocated by the California Transportation Commission (CTC) and/or the STATE. 3. This PROJECT is subject to the timely use of funds provisions anacted by Senate Bill 45 (SS 45) , approved in 1997, and subseguent CTC guidelines and State procadures approved by the CTC and STATE, as outlinad below: Funds allocated for the environmantal & permits, plan specifications & estimate, aad right-of-way components are available for expenditure until the end of the secoad fiscal year following the year in which the funds were allocated. Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING j AGENCY agrees to award the contract within 12 months of the � construction fund allocation and complete the construction or � vehicle purchase contract within 36 months of award. i 4 . Upon ADMINISTERING AGENCY reQuest, the CTC and/or STATE may ; approve supplementary allocations, time extensions, and fund ' transfers between components. An approved time extension will Program Supylemant00-0199-768- SERIAL Page 2 of 3 �. o�izsi2oo2 ' OS-SLO-O-ARGD RPL-5199(016) , SPECIAL COVENANTS OR REMARKS ravise the timely use of funds critaria, outlined above, for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fuad transfers between components, made after the execution of this PROGRAM SUPPLEMENT will be documented aud considered subject to the terms and conditions thereof. Documentation for approved supplementary allocations, time extensions, and fuad traasfers between components, will be a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate. 5, This PROJECT will be admiaistared in accordance with the CTC STIP guidelines, as adopted or ameaded, and the STATE Procedures for Administeriag Local Grant Projects in the State Transportation Improvement Program (STIP) , the Local Assistance Program Guideliaes, aad the Local Asaistance Procedurea Manual. �e . submittal of iavoices for project costs shall be in accordance with the above referenced publications and the following. 6, The ADMINISTERING AGENCY shall iavoice 3TATE for eavironmeatal & permits, plans s8ecifications & estimate, and right-of-waY costs no later than 180 days after the end of last eligible fiscal year of expenditure. For constructioa costs, the ADMINISTERING AGENCY has 180 days after project com�letion to make the final payment to the contractor and prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment. �, All obligations of STATE under the terma of this Agreement are subject to the appropriation of resources by tha Legislature and the encumbrance of funds under thia Agreement. Funding and raimbursement are available only upoa tha passage of the State Budget Act containing these STATE funds. p8$e 3 0£ 3 prograi¢ Sugylemeat00-0199-768- SERIAL 11.a. pRROY� O`` �',p � INCORPOR�TED 92 � o MEMORANDUM � �,�Y ,o. �a„ * c4��FORN�P TO: CITY COUNCIL FROM: TERRY FIBICH, DIRECTOR OF BUILDING & FIRE .l' RE: CONSIDERATION AN ORDINANCE AMENDING SECTION 15.04.010 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING UPDATING THE UNIFORM BUILDING AND RELATED CODES DATE: AUGUST 27, 2002 RECOMMENDATION: It is recommended the City Council introduce the attached Ordinance amending Section 15.04.010 of the Municipal Code and set a public hearing for September 10, 2002 for final adoption. FUNDING: No fiscal impact. DISCUSSION: Every three years the City adopts the latest versions of the "Uniform Administrative Code," "Uniform Building Code" (Volumes 1, 2 and 3) and its appendix, "Uniform Mechanical Code," "Uniform Code for Building Conservation," "Uniform Plumbing Code," and the "National Electric Code." This is in keeping with the requirements of Title 24 of the California Code of Regulations and the three-year publishing cycle for new uniform codes. Changes include building exiting and structural requirements resulting in higher safety standards for new construction. Seismic structural requirements will be upgraded to reflect lessons learned as a result of the latest studies and new technologies. Other changes include regulations relating to the use of new materials and methods pertaining to electrical, plumbing and mechanical installations in residential and commercial buildings. Not adopting these codes would place the City out of compliance with State regulations and at variance with other local jurisdictions and their construction codes. In compliance with Government Code Section 6066, the required public hearing notice will be published once a week for two successive weeks, at least five (5) days apart, on August 30, 2002 and September 6, 2002 in the Five Cities Times Press Recorder. The second reading and adoption will be scheduled for September 10, 2002. I t CITY COUNCIL CONSIDERATION OF AN ORDINANCE AMENDING SECTION 15.04.010 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING UPDATING THE UNIFORM BUILDING AND RELATED CODES AUGUST 27, 2002 PAGE 2 ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Approve staff's recommendation; - Do not approve staffs recommendation; I - Modify as appropriate and approve staff's recommendation; - Provide direction to staff. � � ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING BY REFERENCE THE 2000 EDITIONS OF THE "UNIFORM ADMINISTRATIVE CODE," "UNIFORM BUILDING CODE," (VOLUMES 1, 2 AND 3) AND ITS APPENDIX, "UNIFORM MECHANICAL CODE," "UNIFORM CODE FOR BUILDING CONSERVATION," "UNIFORM PLUMBING CODE," AND THE 1999 EDITION OF THE "NATIONAL ELECTRIC CODE" THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1: Section 15.04.010 of the Arroyo Grande Municipal Code is amended in its entirety to read as follows: Section 15-.04.010 Adoption of Codes Documents entitled, "Uniform Administrative Code," "Uniform Building Code" (Volumes 1, 2, and 3) and its appendix, "Uniform Code for Building Conservation," all 2000 editions published by the International Conference of Buildinq Officials (ICBO); the "Uniform Plumbing Code;" and "Uniform Mechanical Code," 2000 editions published by the International Association of Plumbinq and Mechanical Officials (IAPMO); the and "National Electric Code," 1999 edition published by the National Fire Protection Association (NFPA); are hereby adopted as the building and construction regulations of the City of Arroyo Grande and incorporated herein by this reference as though set forth in full. SECTION 2: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be illegal, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrases be declared illegal. SECTION 3: Within fifteen (15) days after passage of this Ordinance, it shall be pubiished once, together with the names of the Council members voting thereon, in a newspaper of general circulation within the City. SECTION 4: This Ordinance shall take effect thirty (30) days after its adOption. i � ORDINANCE NO. PAGE 2 On motion of Council Member , seconded by Council Member , and on the following roll call vote to wit: AYES: NOES: ABSENT: the foregoing Ordinance was adopted this day of , 2002. � ORDINANCE NO. PAGE 3 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY I l 11.b. pRR0�0 pF C� � INCOflVORATED 9 � T MEMORANDUM � JULT 10. 1811 * c4��FORN�P TO: CITY COUNCIL FROM: TERRY FIBICH, DIRECTOR OF BUILDING & FIRE .� RE: CONSIDERATION OF PROPOSED ORDINANCE AMENDING SECTION 8.04.010 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING UPDATE OF THE UNIFORM FIRE CODE DATE: AUGUST 27, 2002 RECOMMENDATION: It is recommended the City Council introduce the attached Ordinance amending Section 8.04.010 of the Municipal Code, and set a public hearing for September 10, 2002 for final adoption. FUNDING: No fiscal impact. DISCUSSION: Every three years the City adopts the latest version of the "Uniform Fire Code" and its appendix. This is in keeping with the requirements of Title 24 of the California Code of Regulations and the three-year publishing cycle for new uniform codes. Changes in this latest edition include updates to sections pertaining to paint spray booths, above ground fuel storage tanks, and alternate fire protection materials to keep current with the latest technologies. Not adopting these codes would place the City out of compliance with State regulations and at variance with other local jurisdictions and their fire codes. � In compliance with Government Code Section 6066, the required public hearing notice will be published once a week for two successive weeks, at least five (5) days apart, on August 30, 2002 and September 6, 2002 in the Five Cities Times Press Recorder. Adoption of the proposed ordinance will be scheduled for September 10, 2002. CITY COUNCIL CONSIDERATION OF PROPOSED ORDINANCE AMENDING SECTION 8.04.010 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING UPDATE OF THE UNIFORM FIRE CODE ' AUGUST 27, 2002 ' PAGE 2 ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Approve staff's recommendation; - Do not approve staff's recommendation; - Modify as appropriate and approve staff's recommendation; - Provide direction to staff. I ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING BY REFERENCE THE 2000 EDITION OF THE "UNIFORM FIRE CODE," AND ITS APPENDIX THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS I FOLLOWS: SECTION 1: Section 8.04.010 of Chapter 8.04 of Title 8 of the Arroyo Grande Municipal Code is amended to read as follows: Section 8.04.010 Adoption of the Uniform Fire Code There is adopted by the city, 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 "Uniform Fire Code" and its appendix including the California amendments required by the California Code of Regulations, Title 24. Published by the International Fire Code Institute, being particularly the 2000 Edition thereof and the whole thereof, copies of which have been and now are on file in the Administrative Services Department of the City of Arroyo Grande and the same are adopted and incorporated as fully as if set out in full herein, and from the date on which the ordinance codified in this section shall take effect, the provision thereof shall be controlling within the city. SECTION 2: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional or illegal, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrases be declared unconstitutional. SECTION 3: Within fifteen (15) 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 4: This Ordinance shall take effect thirty (30) days after its adoption. ORDINANCE NO. PAGE 2 On motion of Council Member , seconded by Council Member , and on the following roll call vote to wit: AYES: NOES: ABSENT: the foregoing Ordinance was adopted this day of , 2002. ORDINANCE NO. PAGE 3 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: i I TIMOTHY J. CARMEL, CITY ATTORNEY i � ! � I � i � � � � � �' f � f I 11.c. � pRROy� � cP FINCOflPORATED 92 " ^ MEMORANDUM } JULY t0. 1811 * c4�/FORN`p TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER_tl�. Q(70 SUBJECT: CONSIDERATION OF A SERVICE AGREEMENT WITH THE COASTAL SAN LUIS RESOURCE CONSERVATION DISTRICT DATE: AUGUST 27, 2002 RECOMMENDATION: It is recommended the City Council authorize the Mayorto execute the Agreement with the Coastal San Luis Resource Conservation District for services to review erosion control plans for new development on an as-needed basis. FUNDING: The cost of the review services will be paid by the developer if the Public Works Director determined that the site is susceptible to above average erosion, all fees associated with the RCD shall be billed on an hourly basis and paid by the Developer. DISCUSSION: Staff recommends that the City enter into a contract with the Coastal San Luis Resource Conservation District (RCD) for erosion and sedimentation control of the more complex projects. The services include the review of grading, drainage, erosion control plans, general site conditions and soils reports. The RCD is experienced in providing consultation services to municipalities and the services will be at the discretion of the Public Works Director for projects that have sensitive soil conditions. All fees associated with the RCD shall be billed on an hourly basis and paid by the developer. The proposed Agreement is in conjunction with revisions to the City's Grading Ordinance currently being developed by staff for the purpose of upgrading and improving the City's erosion and sedimentation control practices. The Grading Ordinance provides standards for grading, excavation, and erosion control for construction projects within the City. The proposed grading ordinance upgrade will be presented to the City Council at the September 24, 2002 meeting. � CITY COUNCIL COASTAL SAN LUIS RESOURCE CONSERVATION DISTRICT AUGUST 27, 2002 PAGE 2 ALTERNATIVES: The following alternatives are provided for the Council's consideration: . Approve staff's recommendation; . Do not approve staffs recommendation; , • Modify as appropriate and approve staffs recommendation; or • Provide direction to staff. Attachment: 1. Agreement Service agreement between the Coastal San Luis Resource Conservation District and the City of Arroyo Grande Regarding the provision of erosion and sedimentation control expertise by the Coastai San Luis Resource Conservation District to the City of Arroyo Grande for the review of grading and drainage and erosion control plans submitted for development in the City of Arroyo Grande. This agreement between the Coastat San Luis Resource Conservation District (RCD) and the Ciry of Arroyo Grande (the City) defines procedures for the provision of erosion and sedimentation control expertise by the RCD to the City. The RCD agrees: 1. To provide the services of the District engineering staff, specifically staff with expertise in the area of erosion and sedimentation control, on a fee for service basis to the City to perform reviews of grading and drainage and erosion control plans submitted to the city for development within the city of Arroyo Grande. 2. RCD staff will be covered under the RCD's insurance policy for workman's compensation and public liability and property damage and will cover activities performed by the RCD in performance of services to the City under this agreement. 3. RCD staff are supervised by the Board of Directors of the RCD and/or their designee(s). Any disputes pertaining to the quality, validity or appropriateness of the work of RCD staff will be reviewed and resolved by the RCD Board or their designee(s). 4. The RCD agrees to keep confidential all information pertaining to reviews. The City agrees: 1. The RCD's fee for these services will be perFormed on an hourly basis at the cost of $75.00 per hour. 2. To be the custodian of the review documents upon completion of the review by the RCD and maintain a record of reviews performed. The ownership of these documents will be determined by the Ciry. 3. To formulate policy regarding the impiementation of the recommendations contained in the review and provide for an enforcement mechanism in the event recommendations are not followed by the applicant. The city understands it is not the intention of the RCD to provide day to day inspection of the job site, but that the RCD will, if requested, provide initial inspection of the site with the city inspector. Further, the city agrees that changed conditions during actual implementation may necessitate initiation of a new review by the RCD. ��n �o�N��� city of AGENDA _ Arroyo Grand�e Michael A.Lady Mayor " Thomas A Runels Mayor Pro Tem Steven ndams C�ty n�tanager JIm Dickens Council Member 7��ry�yJ.Carmel CityAttomey Tony Ferrera Council Member Kelly Wetrnore Director,Administrative Services Sandy Lubtn Council Member NOTICE OF CITY COUNCtL SPECIAL MEETING Tuesdav Auqust 27. 2002 ' -9��- 4P-�.. Arrovo Grande Citv Council Chambers 215 East Branch Street, Arroyo Grande AGENDA 1., ROLL CALL 2. PUBLIC COMMENT on Special Meeting Agenda Items. Members of the public wishing to address the Council on any item described in this Notice may do so when recognized by the Presiding Officer. 3. CITY COUNCIL CLOSED SESSION: a. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 5495T. Title: City Attomey b. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Govemment Code.Section 54956.8: Property: APN 007-056-004; 734 Myrtle Street Agency Negotiator: Steven Adams, City Manager;Timothy J. Carmel, City Attorney Negotiating Party: J Johnson Under Negotiation: Size, Location, Price and Terms of Payment for Potential Drainage Easement (over, please) , _ _ __ ._I I I 4. Provide RCD staff with access to photos, maps, office space or other materials the city deems appropriate to facilitate completion of reviews. The RCD and the City agree mutually to: 1. Coordinate activities to ensure efficiency in program delivery and good working relations. Z. Meet annually to discuss the effectiveness of this agreement and determine where improvements or enhancements can be made. 3. This agreement can be modified by agreement of both parties, or terminated by either party at any time. Termination of this agreement by either party will be issued in writing. /`/1�� L//G��.t' '"."`-- President, Coastal San Luis Resource Conservation District , City of Arroyo Grande � pRROYp 11■d■ � c� � INCORPORATED 9.t h u ° MEMORANDUM � ��. ,o, ,a„ * c9��FORN�P TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER��� SUBJECT: CONSIDERATION OF REQUESTS TO PROVIDE WATER AND SEWER SERVICE FOR AREAS OUTSIDE THE CITY LIMITS DATE: AUGUST 27, 2002 RECOMMENDATION: It is recommended the Council direct staff to obtain the pumping records and capacity of each individual applicant in order to determine the feasibility of providing City water to properties outside City limits and transfer the capacity to the City. If it is determined, based on the pumping records, that providing City water is not feasible, it is recommended that staff pursue establishing a process to wheel water through the City's distribution system. FUNDING: The City may receive additional revenue by recovering its administrative costs through imposition of a fee or by charging a higher water rate for outside water users. Estimated amounts have not been determined at this time. DISCUSSION: The City has received requests to provide water and sewer service for areas outside the City limits. The requests were received from five applicants: Canyon Crest Homeowners Association, an existing housing development; Grande Mobile Manor, an existing mobile home complex; Double J Mobile Home, an existing mobile home complex; Coker Ellsworth, the developer of County Tract 2424, a proposed housing development; and Mr. Mike Mors, a proposed small residential development. Canyon Crest Canyon Crest is located along the City's northeasterly boundary between Huasna Road and Stagecoach Road. The development is comprised of 54 single family homes. The existing water system for this development consists of several water wells, a treatment facility, and a storage tank. The water is pumped from the wells to the treatment facility and stored in the above ground storage tank. The Homeowners Association is searching for water resources that will be more reliable and of a better quality. The Homeowners Association is requesting that the City provide approximately 25-30 acre feet of water per year to the development. Grande Mobile Manor This development is located along the southerly boundary of the City adjacent to the intersection of Halcyon Road and The Pike and consists of 35 mobile homes. The mobile homes are presently supplied by an onsite well and water storage facility. The condition of the well has been deteriorating and has been infiltrated with a high percentage of nitrates. Staff has determined that approximately 8 acre feet per year will be required to CITY COUNCIL CONSIDERATION OF REQUESTS TO PROVIDE WATER AND SEWER SERVICE FOR AREAS OUTSIDE THE CITY LIMITS AUGUST 27, 2002 PAGE 2 supply the development. The owner is requesting that service be provided for a more reliable and better quality source of water to the residents. Double J Mobile Home The Double J Mobile Home Park is located just south of the Grande Mobile Manor on Halcyon Road at The Pike and consists of 24 mobile homes. The existing system also consists of a well and storage facility. The well is deteriorating and being infiltrated with high concentration of nitrates. It has been determined that approximately 5-'/z acre feet per year would be necessary to supply this development. Coker Elisworth. County Tract 2424 This proposed development is in the County south of the City. It is located along the southerly City limits on Halcyon Road just south of The Pike and consists of 11 single family homes. This tract is presently being processed through the County and has not yet ' received tentative map approval. The developer is requesting that the City provide water j and sewer service. It has been determined that approximately 5-%: acre feet per year I would be necessary to supply this development. , Mors Propertv I This proposed small residential development is in the County north of the City. It is located off of Printz Road on approximately 4.5 acres and is proposed to be subdivided into two parcels. The developer is requesting that the City provide water and sewer service to support this development. Existing Water and Sewer Services Past City practice has been to allow only individual residential meters outside the City to be connected to the water system. This practice has resulted in a total of 17 meters serving areas outside the City limits where a City water main was adjacent to the property requesting service. Providing City water service eliminated the need for each resident to construct a well in the same ground water basin as existing City welis. However, requests for water main extensions outside the City can only be granted if the property to be served annexes to the City in accordance with section 13.04.240 ofthe City's Municipal Code. The requests presented above will not require an extension of a City water main to serve the properties. The City also provides sewer service to areas outside the City limits, including individual residential units and residential developments are subjectto available capacity atthe South San Luis Obispo County Sanitation District(SSLOCSD). Properties outside the City limits requesting sewer service are subject to five conditions, including a condition that allows the Director of Public Works to approve a sewer connection for a single residential unit. Connections of more than a single residential unit must be approved by the City Council in accordance with the City's Municipal Code. � � cin couNCi� CONSIDERATION OF REQUESTS TO PROVIDE WATER AND SEWER SERVICE FOR AREAS OUTSIDE THE CITY LIMITS AUGUST 27, 2002 PAGE 3 Water Resources The City's Urban Water Management Plan identifies the existing water supply and projected water usage. The City currently is entitled to 3,786 acre feet per year which includes both groundwater and surtace water. Water usage at buildout in the year 2020 is expected to be 3,780 acre feet per year. On June 11, 2002, a report was presented to CouncilregardingtheManagementoftheGroundwaterBasin. Therearemanyfactorsthat affect the City's water supply and demand. The revised Gentlemen's Agreement, which was approved by the City Council on August 14, 2001, provides for an additional 358 acre feet in the event that the Department of Water Resources Groundwater Resources Study determines that a surplus in the ground water is available. There is also an uncertainty in the Lopez entitlements. The County is presently reviewing various analysis, including a Habitat Conservation Plan and a revision to the Water Rights Contract with the State, that may alter the safe yield from the lake and change the City's entitlement to this surface water supply. Staff recommends that a 5-10 percent contingency be maintained before allowing any connections to areas outside the City. Therefore, if a minimum 5 percent contingency is to be maintained, the City will need 3,969 acre feet per year at buildout, which is already more than the City's entitlement of 3,786 acre feet per year. Based on the existing supply and projected usage, there does not presently appear to be sufficient supply to meet additional requests for water service. Sewer Capacitv Of the two requests for sewer service the City has received, only the Coker Ellsworth- County Tract 2424 is within the current SSLOCSD boundary. The sewer capacity is dependent on the SSLOCSD plant. The collection, treatment, and disposal capacity available is based on expansion related upgrades and is funded by development impact fees within the SSLOCSD boundary. The planYs capacity is 5 million gallons perday(mgd) and currently processes approximately 2.8 mgd. Therefore, it appears that there is capacity within the sewer collection and treatment system to serve proposed County Tract 2424. In fact, this development has already received a will-serve letter from SSLOCSD. However, SSLOCSD's policy has been that a connection must be provided through one of the DistricYs parent agencies (e.g., Arroyo Grande or Oceano Community Services District). The City has a sewer main that runs adjacent to the proposed County Tract 2424. Other Alternatives The Council may also want to direct staff to explore transferring the pumping capacity from each applicant to the City. By obtaining the pumping capacity, water would be supplied from City wells and individual wells could be removed from the groundwater basin. This would require an amendment to the Gentlemen's Agreement. The advantages of this alternative would include increased ability of the City to manage the groundwater basin, as well as increased revenues to the City and availability of water to the applicants at a more economical rate. CITY COUNCIL CONSIDERATION OF REQUESTS TO PROVIDE WATER AND SEWER SERVICE FOR AREAS OUTSIDE THE CITY LIMITS AUGUST 27, 2002 PAGE 5 ALTERNATIVES: The following alternatives are provided for the Council's consideration: • Direct staff to determine the feasibility of providing City waterto each applicant and seeking credit for their current pumping capacity; • Approve the wheeling of water to applicants if there is available capacity in the City's water mains and direct staff to establish a wheeling charge; • Direct staff to advise the applicants to find independent sources of water and sewer; • Approve requests that do not involve use of the City's water entitlement; • Approve mobile home request with the understanding that additional water entitlements will be available in the future; • Provide direction to staff. Attachments 1. Location Map 2. Letters from Applicants Requesting Water and Sewer Service 3. California Water Code Section 1810 through 1814 U:�2002\City CouncilWUgust\waterendsewerservicefordevoutsidecitylimits.wpd F � I - -- -- - — — � WATER AND SEWER REQUESTS I - LOCATION MAP , /� � � � C� O c� � , �0 �� .�'° � � � �� � � � o � � ��F °� � � r> O � I � ��� �0�� ° �b oa°oo p . DO ; o � ND AV . ���oo�N� �O , C� �� � O J��sv O �, � �o � ��L�I � � % P � °�l0 ao � � - � - �� i �� FAIR ♦ �.�' C��00n(�°� � N I ���� � � 0 D �� � �\ i.Canyon Crest � � � ��� v /� 2.Grande Mobile Manor I 3.Double J Mo6ils Homes � 4.Coker Elisworlh County Traet 2424 (� 5.Mors Property CJ Z � 4 � � 3 Canyon Crest Mutual Benefit Water Company March 26, 2002 To: Arroyo Grande City Council Michael A. Lady, Mayor/Chair Thomas A. Runels, Mayor Pro Tem/Vice-Chair Jnn Dickens, CounciUBoazd Member Tony M. Ferraza, CounciUBoard Member Sandy Lubin, Council/Boazd Member From: Canyon Crest Mutual Benefit Water Company (Water Company) Frank Harris, D'uector and President Jody Venema,Director and Vice President Mike Bey,Director and Vice President Re: Request for Arroyo Grande to Supply City Water to the Canyon Crest Housing Development's Water Company Introduction The Canyon Crest housing development borders the Arroyo Grande city limits along Stagecoach Road and it encompasses the eastem portion of Acero Way and Plancha Way. It extends down the hill from Stagecoach Road to Lopez Road between Pearwood Ave. and Lamplighter Ln. The development has its own water company with a water treatment plant and storage tank that is located at the corner of Stagecoach Road and Plancha Way. It supplies water to the development that will have 54 homes when it is built out. ' Current Situation The Water Company's current source of water comes &om four wells in the aquifer located across Lopez Road from the development. The wells only produce 85 gallons per minute,which is minimal for 54 homes. The water is very hard and requires a lime/soda ash treatment process before it can be delivered to our homes. The water treatment process produces a sludge that must be dried in a pit next to the treatment plant before it can be hauled to a disposal site. The Water Company has been searching for an altemate source of water that is more reliable, more plentiful and of a better quality that would not require on site treatment. There is an offer for the Water Company to purchase the rights to 25 to 30 acre feet of state water. According to a letter from Don Spagnolo,this water can be wheeled to our site through the Arroyo Grande water line that runs up Stagecoach Rd. from the pump station on Oro Dr., neaz the bus barn, to Reservoir#3 at the top of Stagecoach Rd.. The Water Company would pay a portion of the cost to increase the capacity of the pumping station, a small portion of the cost of a new 750,000 gallon tank at Reservoir#3 and the cost to connect Arroyo Grande's water line to our tank. In addition,the Water Company would pay the ongoing costs of wheeling the water to our site. Arroyo Grande's line runs within 50 feet of the Water Company's tank. During a meeting with Mr. Spagnolo to discuss the details of wheeling the state water, the Water Company representatives asked Don if Arroyo Grande could provide the development with city water instead of the state water. We aze reluctant to contract for state water because of the burden of the terms and conditions that are part of the contract, such as having a backup water supply for the tunes the state water is shut off. Don said that the City Council would have to approve this request. Reauest for Services As Directors of the Water Company, we do not believe that the development will have a satisfactory long term water supply from the four existing weils. The primary concerns aze that we aze contributing to the depletion of the aquifer and aze creating a sludge residue; concerns which we understand aze also shared by state, county and city authorities. We would like to abandon the wells and the water treatment plant. However, if we contract for the state water, we cannot abandon the wells due to the state requirement for a backup water supply. In order to maintain the treatment plant in operating condition, we would continue to pump water from the wells and treat it. Also, to amortize the ongoing cost of maintaining the plant, we will use even more water during dry months to supplement the state water for landscaping. The delivery of the city water would be under low pressure to our tank. The Water Company would maintain its own storage tank and high pressure pumps to deliver the water to the homes. If Arroyo Grande would supply city water to the development, it would be the best solution for the development and it should be the simplest way for Arroyo Grande to both wheel and chazge for the water. ' Therefore,the Water Company requests the Arroyo Grande City Council to agree to supply the , development with city water. We know that Arroyo Grande has many requests for its limited supply of water. We believe that our request should be approved because: • We will be able to abandon the wells and stop depleting the water in the aquifer. • We will contribute an equitable portion of the costs to increase the capacity of the Oro Dr. pumping station acid the new tank at Reservoir# 3. • Arroyo Grande will receive the payments for the water instead of the state. • The ptunps, storage tank and lines to supply our homes with water aze already in place. • Our water tank is next to an existing Arroyo Grande water supply line. • We can stop ueating the water and creating the sludge. Thank you for taking the time to review this request. We hope that you will approve it �'}r�Ll/���. �)v49 -c`od,�, ✓EN+?�wte'� �Frank Harris Jody�Venema Mike Bey i ; Arroyo Grande, April 15 -2002. CITY OF ARROYO GRANDE Mr. Don Spagnola-City Engineer. APR 11 2002 PA. BOX $SO. pUBL!C VvQRKS DEPT. Arroyo Grande, CA. 93421 . Subject: Reapplication Grand Mobile Connection to City Water system. Dear Mr. Spagnola, The main reason we didn't pursue and sign our application in Februari ' 1999 was financial. We were required to replace our aging water lines and it depleted our resources for the next two years. Expenses for 1999 including the new six inch water lines for the park were $ 110218,-- Gross Income from the rent controled park during that year was $ 86002,- We talked to Public Works Supervisor Shane Taylor and found out that the water situation in the city of Arroyo Grande has changed, being close to farm land has changed our situation too, we have a problem with nitrates. We realise that the rate for connection and the price of City water has gone up. Please let us know if we get a second chance to solve our water problems. L�o Brouwer, �� � ��� z Grande Mobile Manor, 655 South Halcyon Road, Arroyo Grande. CA. 934Z0. 8-21-202 5:25PM FROM G 3 P 2 AUgUSt 21, 2002 Richard&Nancy de Anda 13]2 Lynnmere Drive Thousand Oaks, Califomia 91360 Mr. Don Spagnolo City of Arroyo Grande Public Works bepartment 215 E. Brinch Street Arroyo Grande, Califomia 93420 Rz: Double J Mobile Estates 727 South �Ialcyon Road Arroyo Grande, California 93420 T>ear Mr. Spa�r�olo: Tn reference to our previous discussions of the last few months we are seeking to improve aur water service to our Park and we are hereby formally requesting the Caty of Arroyo Grande provide water service to our Pazk. We gratefully appreciate all the time and effort you have contributed to make this possible and we look fonvard to being approved for service by the Cicy Councii. i Sincerely, � / ! P�/uv�'�<y�f�@"��"t-(.1UyiG� i Richard and Nancy de Anda i Owners I Double J Mobile Estates ; F , 4 � � � i i � <992 12:56__ 8054817171 COKER E�LSWOR�H iNC PAGE �1 A FAX from Coker Ellswortb Real Estate Broker& General Contractor *� 129 Bndge Sbed, Suite B P.O. Box 1238 At[ay0 G�aMe,CA 93421-1238 Ogice: (805)481-7071 FAX: (805)481-7171 License No. 357972 :;���: 4. -��- �- ,: �, S��no1� .ompany: Gl� �� FAX: q73 - Sa'•-43 '''�`�=T��cr �}24 f�c�l�n leol Z'umber of Pages, including thia cover: '^:axsage: ,��, ?d��oi� �. � das�v�s� �n 4_ ��. �z � w�id L�lc�.-1� r�ueb� i�� � �i�f �Cam�.�l can5,d�� � p�°� � �, a-, �-� �1r,�n �d ��r W�'01" -� ��c,u� - '� � ' ��--� This Faxsimile is intended to be read oniy by the party to whom it is addresaed. Aard rnpies will_will not�be sent vin maiL j CITY OF May 3, 2002 ARROYO GRANDE MAY 10 2Q02 Mike Mors PUBLiC WORKS DEPT. �429 Printz Road Arroyo Grande, CA 93420 Attention: Don Spagnolo P.E. Director of Public Works 208 E. Branch Street Arroyo Grande, CA. 93421 RE: Request for (one) water and (one) sewer connection from Whitecap Sh•eet. I My name is Mike Mors and I live on 4.5 acres on Printz road. I am currently trying to split my property into 2 parcels , but, I am short less than a half acre according to the County. Their requirements are 5 acres if I use a well and septic system. According to the County planners , I could legally split the property under section 22.04.027 if I can connect to CITY services located at the rear of my property (approx. 60 feet away on Whitecap). D'u•ectly behind me is a private driveway above Ridgeview way owned by Sally White, with a PUE easement to service the ri•act further up the driveway(parcel map 77-164) homes that Ed Chadwell built years ago. Whitecap from my property is down the private driveway approx 60 feet with (a public dedication for easements) if I am conect. � After meetnig with �:odger in Public Works and loeldr.g over the Bill Dryer Parcel Map dated 2/7/90 87-240, he said I need to contact you for further advice. I I also spoke with Shane Taylor who knows the connections for the area, and again he � said it was up to you to advise. � It is my hope, after 6 years of living here on this property ( and having been ` lied to by the previous owner Clarance Malloy, that I could divide the property and � build one more home, no problem) that I could somehow connect to water and sewer � on Whitecap Street. � � Any questions, please call (473-0430). I look forward to hearing from you. � Sincerely, ' ' / � �� f � : �33 � T • O 3 . •- F��32 �p y' i����T� g 2 � � . . �'� o�� � 6 � � ''�8 � � � � 0 yq A p� � f S`T'�2 �'� v MO � � � h � � gl l�;M,'� �C� �,;. & , �,.� H � ���, � a 3 � 4./8RC / lG J p��R� 4 �yA T�I � . \J k 3 a,�/ ��� � � � s� 7 � �� � s 249.42 � �SO 9 27l0.54 '� Q 34° a vr I "`�-- � � � . `� � — lJ�ftLITN(TR�MGF-1 A�oK, 100� __ _ __ -- ... / � . -�,.y:� 6.�Ws4T�.t2, •a /-' � 8�� S�WB1Z � A'y ,- I D C7f"L VI 'TL� / �\� �� �NNlirzc�r� 1 '�j� 0� GIT� unuTlF'zS ' r R 4zq ���N-� ►-z� 1 t�o+�s�I; S o� Map a� s�,laddsv► o� a pa�k o� / `�1-r'G �to�s S�rve� o� �. �� Corral de t�iedre�� I �In2 proper4.+ o� N.A. Vacan2l� , Ccun� o� SaNtuis �l��s(�o� GA. �ecorciecl July ►9, i88g �� 3ookB , pg �is o f ��,,,,� ��rde A�N � O�-I�� - I3�I-- D03 � CA Codes (wat:1810-1814) Page 1 of 2 WATER CODE SECTION 1810-1814 1610. Notwithstanding any other provision of law, neither the state, nor any regional or local public agency may deny a bona fide transferor of water the use of a water conveyance facility which has unused capacity, for the period of time for which that capacity is available, if fair compensation is paid for that use, subject to the following: (a) Any person or public agency that has a long-term water service contract with or the right to receive water from the owner of the conveyance facility shall have the right to use any unused capacity prior to any bona fide transferor. (b) The commingling of transferred water does not result in a diminution of the beneficial uses or quality of the water in the facility, except that the transferor may, at the transferor's own expense, provide for treatment to prevent the diminution, and the transferred water is of substantially the same quality as the water in the facility. (c) Any person or public agency that has a water service contract with or the right to receive water from the owner of the conveyance facility who has an emergency need may utilize the unused capacity that was made available pursuant to this section for the duration of the emergency. (d) This use of a water conveyance facility is to be made without injuring any legal user of water and without unreasonably affecting fish, wildlife, or other instream beneficial uses and without unreasonably affecting the overall economy or the environment of the county from which the water is being transferred. 1811. As used in this article, the following terms shall have the following meanings: (a) "Bona fide transferor" means a person or public agency as defined in Section 20009 of the Government Code with a contract for sale of water that may be conditioned upon the acquisition of conveyance facility capacity to convey the water that is the subject of the contract. (b) ��Emergency" means a sudden occurrence such as a storm, flood, fire, or an unexpected equipment outage impairing the ability of a person or public agency to make water deliveries. (c) "Fair compensation" means the reasonable charges incurred by the owner of the conveyance system, including capital, operation, maintenance, and replacement costs, increased costs from any necessitated purchase of supplemental power, and including reasonable credit for any offsetting benefits for the use of the conveyance system. (d) "Replacement costs" mean the reasonable portion of costs associated with material acquisition for the correction of irreparable wear or other deterioration of conveyance facility parts that have an anticipated life that is less than the conveyance facility repayment period and which costs are attributable to the proposed use. (e) "Unused capacity" means space that is available within the http://www.leginfo.ca.go.../displaycode?section=wat&group=01001-02000&fi1e=1810-181 OS/15/2002 CA Codes (wat:1810-1814) Page 2 of 2 operational limits of the conveyance system and that the owner is not using during the period for which the transfer is proposed and which space is sufficient to convey the quantity of water proposed to be transferred. 1812. The state, regional, or local public agency owning the water conveyance facility shall in a timely manner determine the following: (a) The amount and availability of unused capacity. (b) The terms and conditions, including operation and maintenance requirements and scheduling, quality requirementa, term or use, priorities, and fair compensation. 1813 . In making the determinations required by this article, the respective public agency shall act in a reasonable manner consistent with the requirements of l�aw to facilitate the voluntary sale, lease, or exchange of water and shall support its determinations by written findings. In any judicial action challenging any determination made under this article the court shall consider all relevant evidence, and the court shall give due consideration to the purposes and policies of this article. In any such case the court shall sustain the determination of the public agency if it finds that the determination is supported by substantial evidence. 1614 . This article shall apply to only 70 percent of the unused capacity. http://www.leginfo.ca.go.../displaycode?section=vvat&group=01001-02000&fi1e=1810-181 OS/15/2002